HomeMy WebLinkAbout20130570.tiffFebruary 19, 2013
OFFICE OF BOARD OF COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
Nels Nelson
8126 Highway 14
Fort Collins, Colorado 80524
Dear Mr. Nelson:
Thank you for contacting the Weld Board of County Commissioners. We are in receipt of your letter
dated January 17, 2013, which outlines concerns you have with the County's temporary accessory to
the farm requirements. Specifically, your letter addresses concerns with the Planning Department's
annual renewal application process that you believe is unnecessary and a burden on farmers. We
acknowledge your concerns and have reviewed your suggestions.
At this time, the Board of County Commissioners believes that the current code and process is
adequate and does not impose a hardship on the owner to renew the application on a yearly basis.
The County requires annual renewal to ensure that the mobile home is being used for its intended use
and has not been modified or used for uses not permitted under Accessory to the Farm.
Again, thank you taking the time to write to the Commissioners. If you have any future comments or
suggestions concerning our land use codes or land use processes please do not hesitate to contact us.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
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William F. Garcia, Chair
cc: Monica Mika
Tom Parko
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2013-0570
CORRESPONDENCE RESPONSE
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RECOMMENDED ACTION:
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Department Head Signature
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Memorandum
TO:
FROM: Tom Parko, Director
Department of Planning Services
DATE: January 24, 2013
RE: Correspondence from Mr. Nels
Nelson
Board of County Commissioners
This memo addresses a letter that the Commissioners received from Mr. Nelson dated
January 17, 2013 concerning issues Mr. Nelson has with the County's Temporary
Accessory to the Farm requirements. The letter from Mr. Nelson was sent over to the
Department of Planning Services and received January 21, 2013.
Mr. Nelson sent the County a letter in the past concerning his displeasure with having to
justify his Temporary Accessory to the Farm application every year. The County has
accommodated some of Mr. Nelson's requests by modifying the application to make it less
bureaucratic. However, the Department of Planning Services believes that the current
request to modify the code is not warranted because, 1) the Department of Planning
Services doesn't receive any calls or complaints about the process other than from Mr.
Nelson, and 2) the application and code as currently codified works fine.
Temporary Accessory to the Farm requirements can be located under Section 23-4-170 of
the WCC. These permits are designed to be temporary. Staff tracks these permits and
require annual justification because they have a tendency to become rentals, second
homes or fall into a derelict condition only to become the next owner(s) problem that may
be completely unaware of the circumstances. If Mr. Nelson wishes to convert his
Accessory to the Farm into something more permanent he may do so by applying for a Use
by Special Review (USR). Staff informed me that current code assisted us during the
Howard Binder case where Mr. Binder was using three (3) of his accessory to the farm
mobile's as rentals. The Commissioners eventually got involved and revoked this permit.
We would have not caught this if we hadn't been tracking them and requesting annual
justification.
In concluding, staff believes that the current process and codes pertaining to Temporary
Accessory to the Farm is not a burden on the residents of Weld County and serves a
purpose to keep track of and monitor the use of a mobile home.
Nels Nelson
8126 Hwy 14
Fort Collins, CO 80524
January 17, 2013
Weld County Commissioners
915 Tenth Street
P.O. Box 758
Greeley CO 80632-0758
RE: Accessory to Farm Certifications
RECEIVED
JAN 2 1 2013
WELD COUNTY
COMMISSIONERS
I have previously written to the Weld County Commissioners about this matter of the annual
certification for Accessory to the Farm Mobile Home. And the Board has previously claimed
that it is a necessity to have this annual review because some mobile homes have had non -farm
people live in them in the past. The Board, without details, has claimed this this non -farm use is
a threat to the health, safety, and/or welfare of the citizens of Weld County.
After my previous letters to the Commissioners the County modified the forms deleting the
requirement of sworn testimony and a notarized statement. Name one other homeowner that
has to provide written evidence that they are using the home as they originally were permitted
for? These forms are a nuisance because they treat farmers as second class citizens. Farm uses
are not treated on an equal footing as other uses. Section 23-4-170 needs to be revised as
follows:
Sec. 23-4-170. Accessory Farm Use.
A. A zoning permit for the use of a MOBILE HOME for an ACCESSORY FARM USE, on a lot in
the A (Agricultural) Zone District, in addition to a principle dwelling unit, may be issued
by the Department of Planning Services upon determination that:
1. The MOBILE HOME will be occupied by persons principally employed at or principally
engaged in the operation of the USE where the MOBILE HOME is located. Once an
ACCESSORY FARM USE of the MOBILE HOME has been established it does not need
to be revalidated on an annual basis.
2. Evidence shall be submitted by the applicant or property owner upon application for
the issuance of a permit that verifies that the MOBILE HOME occupant is employed
at or engaged in the farming operation on the subject property. Evidence may
consist of tax records (W-2 forms), employment agreements or other
documentation as determined suitable by the Department of Planning Services.
3. The MOBILE HOME is necessary for the effective and economic operation of the USE
and/or protection of the agricultural USE.
4. If the MOBILE HOME becomes used as the sole income source of the applicant by
renting the property to persons who are not employed upon the LOT, this shall
provide prima facie evidence that the operation is no longer a farm operation and
the assessor shall assess the property at non-agricultural rates.
5. Adequate water and sewage disposal facilities are available to the MOBILE HOME.
6. The MOBILE HOME is not the first DWELLING UNIT on the parcel of land. Where the
MOBILE HOME will be the first DWELUNG UNIT on a parcel of land, the MOBILE
HOME request shall follow the application procedures under the provisions of
Section 23-4-200 below.
7. The applicant must obtain a BUILDING permit for the MOBILE HOME and comply
with all installation standards of Chapter 29 of this Code.
8. The MOBILE HOME shall be no older than 5 years old at the date of installation.
B. The Department of Planning Services shall make its determination on the basis of a
signed statement by the applicant that the conditions of Paragraphs A.1 through A.8
above are met, upon information contained in the permit application, and upon
independent evidence as may be available or which the staff may reasonably require.
C. A zoning permit for more than one (1) MOBILE HOME in the A (Agricultural) Zone
District as an ACCESSORY farm USE may be issued by the Department of Planning
Services upon a determination that the criteria of Paragraphs A.1 through A.87 above
and Section 23-4-230 below are met. If the applicant is not able to meet the criteria
stated in Section 23-4-230 below, the zoning permit may be issued only upon approval
by the Board of County Commissioners. The Board of County Commissioners shall
review the application for compliance with the criteria set out in Paragraphs A.1 through
A.8 above at a regularly scheduled meeting of the Board. The Board of County
Commissioners shall give notice of the application for a zoning permit and the meeting
date to those persons listed in the application as owners of property located within five
hundred (500) feet of the parcel under consideration. Such notification shall be mailed,
first-class, not less than ten (10) days before the scheduled meeting. Such notice is not
required by state statute and is provided as a courtesy to surrounding property owners
(the surface estate). Inadvertent errors by the applicant In supplying such list or the
Department of Planning Services in sending such notice shall not create a jurisdictional
defect in the permit process, even if such error results In the failure of a surrounding
property owner to receive such notification. The Department of Planning Services shall
post a sign for the applicant on the property in question indicating that a MOBILE HOME
has been requested for the property, the meeting date and telephone number where
further information may be obtained. The sign shall be posted at least ten (10) days
prior to the meeting date and evidenced with a photograph. The Board of County
Commissioners shall consider any testimony of surrounding property owners concerning
the effects of the MOBILE HOME on the surrounding properties. In addition, the Board
shall consider compatibility of the MOBILE HOME with the surrounding area, harmony
with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the
general health, safety and welfare of the inhabitants of the area and the COUNTY.
D. All MOBILE HOMES as ACCESSORY FARM USES are good only for the original APPLICANT.
If the MOBILE HOME is removed from the property and is not replaced with a newer
MOBILE HOME the Permit shall expire within 90 days. After 90 days the applicant shall
be required to apply for a new permit.
E. CANCELATION OF PERMIT. The ACCESSORY FARM USE permit shall be cancelled when
the property is transferred. The mobile home shall be removed within 90 days of
transfer. If the new owner fails to remove the mobile home, the County or its agents
may enter upon the premises and to take the corrective measures required by the
Board of County Commissioners; the cost to be assessed against the permittee and his
or sureties. If the new owner desires the continuation of the ACCESSORY FARM USE
status a new application shall be filed with the Department of Planning Services and
new mobile homes shall be installed if the current home is over 30 years of age. The
Department of Planning Services shall make its determination on the basis of a signed
statement by the applicant that the conditions of Paragraphs A.1 through A.8 above are
met, upon information contained in the permit application, and upon independent
evidence as may be available or which the staff may reasonably require.
F. The Board of County Commissioners retains the power to cancel permits for violation of any
other zoning regulations or conditions imposed by the Board. The Board of County
Commissioners shall cause to be served written notice upon the permittee at the address
contained in the permit setting out a clear and concise statement of the violations, and
directing the permittee to correct such violation within thirty (30) days. If the violations
have not been corrected, the Board of County Commissioners shall direct the permittee to
appear before the Board of County Commissioners, not less than ten (10) days nor more
than thirty (30) days after the date of service notice. The Board of County Commissioners
shall hold a hearing to determine the nature and extent of the alleged violation and shall
have the power, upon good cause being shown, to cancel or revoke the permit heretofore
issued to the permittee, to require the County or its agents to enter upon the premises and
to take the corrective measures required by the Board of County Commissioners; the cost
to be assessed against the permittee and his or her sureties.
G. Permits issued prior to the enactment of this ordinance are hereby grandfathered and do
not expire.
I would like to urge the Commissioners to make this modification. This would eliminate the
need for additional paperwork.
NelsNelson
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