The URL can be used to link to this page

Browse Search

Home My WebLink About20120945.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING FINAL DETERMINATION HEARING TO RESCIND RESOLUTION #2007-1987, DATED AUGUST 8, 2007, AND DENY APPLICATION FOR USE BY SPECIAL REVIEW PERMIT #1612 — BRENT HAUGEN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on August 8, 2007, the Board approved the application of Brent Haugen, 9725 Del Camino Lane, Longmont, Colorado 80501, for a Site Specific Development Plan and Use by Special Review Permit#1612, for a Home Business (vehicle repair) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot 29, Casa Grande Estates, First Addition; being part of Section 17, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on December 14, 2011, the Board held an Initial Hearing and determined that the applicant had not demonstrated a willingness or ability to complete the necessary Conditions of Approval and record the plat, and set a Final Determination Hearing date of March 12, 2012, to consider Rescission of approval of Use by Special Review Permit#1612 and Denial of the application, and WHEREAS, on March 12, 2012, the Board of County Commissioners deemed it advisable to continue the matter to April 9, 2012, to allow additional time to conduct a meeting with the applicant to explain all of the conditions/requirements of approval and determine the applicant's intent for proposed modifications, and WHEREAS, on April 9, 2012, the Board of County Commissioners heard all of the testimony and statements of those present, and all of the exhibits and evidence presented in this matter and having been fully informed, deems it advisable to Rescind Resolution #2007-1987 and deny the application for Use by Special Review Permit #1612 based on the applicant's failure to complete, or comply with, the established Conditions of Approval and Development Standards. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2007-1987, dated August 8, 2007, for a Site Specific Development Plan and Use by Special Review Permit#1612, for a Home Business (vehicle repair) in the A (Agricultural) Zone District, issued to Brent Haugen, on the parcel of land described above be, and hereby is, rescinded. BE IT FURTHER RESOLVED by the Board that the application for Use by Special Review Permit#1612 be, and hereby is, denied, based on the applicant's failure to complete, or comply with, the established Conditions of Approval and Development Standards. C . P L , A pp I Ch l 2012-0945 J3 la PL1916 FINAL DETERMINATION HEARING REGARDING USR#1612— BRENT HAUGEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: c _ Sean P. Conway, Chair Weld County Clerk to the Board / EXCUSED William F. Garcia, Pro7Tem BY: aoontt D .• 4 Deputy Clerk to the Boa 861� rbara Kirkmey r APP VED AS T M: Ou oQ4 avid E. Long urt torney au 4 (9. SCitAn ouglks Radema her Date of signature: - 3 ) ,a 2012-0945 PL1916 18 6 ( 2 0 1 I DEPARTMENT OF PLANNING SERVICES 1555 N 17th Av /�. Greeley, CO mmartin@co.wel 80631 d.co.us PHONE: (970) 353-6100, Ext.3540 W E LD -e O U N T Y FAX: (970) 304-6498 October 11, 2011 Brent Haugen 9725 Del Camino Ln Longmont, CO 80501 Subject: 3 Letter- Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1612. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received two other letters from me in July 28, 2011 and September 20,2011 concerning the same topic. On August 8, 2007 your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 14,2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 14, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1612 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Michelle Martin, 1555 N 171h Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Michelle Martin Planner III 2012-0945 �� 1% 411 October 11, 2011 Department of Planning Services Attn: Michelle Martin 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1612) Dear Mrs. Martin, I wish to withdraw my Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date U.S. Postal Service,. m CERTIFIED MAILTM RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) ru F r•e1Nery Inf rmation visit our we.site at www.us•s.e rrl 0 N Lrl - Postage $ //// fTl Certified Fee 106/ O i/ Zell 0 em Receipt Fee Here (Endorsement equired)e Here 17 Restricted Delivery Required) rFee ) 0 (Endorsement ed li ydetle C fU Total Postage&Fees $ c3 T: 1rTII. M1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete Item 4 If Restricted Delivery is desired. jLj V - 1 v— Print your name name and address on the reverse X Agent ■ so that we can return the card to you. O Addressee • Attach this card to the back of the mailpiece, aa,,elved by(Ponted :: .) ci Date of Delivery or on the front If space permits. 1 ) en)I �l 1 64 / 1. Article Addressed to: r ' ' a�W from item 1? El yes II ;�r'�r�.,�,! ,,,ress below: ❑ No •unt !'ky t 7 7d �s'o 77ZS E ( Cgm;ica L - rtme t we co rt arnij�g,�4p� � y ¢ Ca{�Itlt /fin �n .1 t, t< . $oS�l = � J'4ype Mail Exp Mail !stored R;r•m Receipt for Merchandise O Ina' ❑ r.•.D. 4. R_., .n Feel ❑Yes 2. Altlde Number (nensfer from septa laeeu 7004 2890 0003 5709 2233 PS Fort 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • • Michelle Martin From: Brent[brent@collision-craft.biz] Sent: Tuesday, September 27, 2011 9:08 AM To: Michelle Martin Subject: RE: USR-1612 Attachments: image001.png; image002.gif; image003.gif; image004.gif Michelle, Thanks, it would probably be easier just to mail it. Brent Haugen Collision Craft, Inc. brent@collision-craft.biz 303-833-1560 Original Message From: Michelle Martin fmailto:mmartiraco.weld.co.usl Sent: Monday, September 26, 2011 1:40 PM To: brentacollision-craft.biz Subject: RE: USR-1612 Brent, Do you have a fax machine? I could send it to you via fax or mail you a hard copy? Just let me know what works best for you. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 I R 6 T D 1 • U Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Brent jmailto:brent(acollision-craft.bizl Sent: Monday, September 26, 2011 12:26 PM To: Michelle Martin Subject: RE: USR-1612 1 • • Hi Michelle, I don't have that at the bottom of the page. I apparently do not have what ever it takes to open it. Thanks anyway Brent Haugen Collision Craft, Inc. brent@collision-craft.biz 303-833-1560 Original Message From: Michelle Martin jmailto:mmartin@co.weld.co.usl Sent: Monday, September 26, 2011 11:46 AM To: brent@collision-craft.biz Subject: RE: USR-1612 Hi Brent, At the bottom of the page you should see a# 1 with an arrow to the left of it. If you click on the arrow it will allow you to scroll through each page of the 10 page document. Let me know if you have any questions. Michelle Martin Planner III 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 Joli U Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Brent [mailto:brent@collision-craft.bizl Sent: Monday, September 26, 2011 11:29 AM To: Michelle Martin Subject: RE: USR-1612 Hi Michelle, Thank you for your reply. But I only received the first page, heading"Resolution". It doesn't contain the list of conditions, which is what I really need. Brent Haugen 2 Collision Craft, Inc. brent@collision-craft.biz 303-833-1560 Original Message From: Michelle Martin fmailto:mmartin@co.weld.co.usl Sent: Monday, September 26, 2011 10:10 AM To: brent@collision-craft.biz Subject: USR-1612 Hi Brent, Per your request attached is a copy of the resolution with the conditions and development standards. Let me know if you have any questions. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 146 TO WECO / OJN-r u.- Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave /—' Greeley, CO80631 mmartin@co.weleld.co.us PHONE: (970) 353-6100, Ext. 3540 W E L D__-C O U N T Y FAX: (970) 304-6498 September 20, 2011 Brent Haugen 9725 Del Camino Ln Longmont, CO 80501 Subject: 2n° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1612. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received another letter from me in July 28, 2011 concerning the same topic. On August 8, 2007 your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 14, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 14, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1612 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services,Attn: Michelle Martin, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Michelle Martin Planner III • • September 20, 2011 Department of Planning Services Attn: Michelle Martin 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1612) Dear Mrs. Martin, I wish to withdraw my Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date • • U.S. Postal Servicer:.l CERTIFIED MAIL, RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) im F•r•silvery lot•rmatl.n visit our we•site at www.us•5-.c• M1 _ M1 M1 Postage $ �I�I II 1i Certified Fee Postmark O Return Receipt Fee Here O (Endorsement Required) im Restricted Delivery Fee - (Endorsement Required) M1 c9 Total Postage&Fees $ r-R CI Sent To IF G� L, 0 Street,Apt.No.; fn r- or PO Box No. City,State.ZIP+4 PS Form 3800.August 2006 See Reverse for Instructions f SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete ACSIgn_liPPe Item 4 If Restricted Delivery Is desired. < O Agent • Print your name and address on the reverse `XI / O Addressee ' so that we can return the card to you. B. Received nted '_. = Lit ate of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. I ? Yes V r5- r�� CI 1. Article Addressed to: o if a P No CA gamt }4vse") Es 72011• 0 97 2 c Dci (co-n n c) L n Weld Coun rtRlQdlk / SOS-OiGpEEt x imrr l On /✓I(7n t- Co' 3. rServ^i_c+e�T-yJpe 5Certiied Mall O Express Mail ❑Registered 0 Retum Receipt for Merchandise ❑Insured Mall O C.O.D. Y)/4l 4. Restricted Delivery?(Extra Fee) O yes 2. Article Number 7010 1870 0000 4773 7024 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WELD -COUNTY Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 July 28, 2011 Brent Haugen 9725 Del Camino Ln Longmont, CO 80501 Re: Conditions of Approval; Use by Special Review USR-1612 Dear Applicant: On August 8, 2007 your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. One of the required Conditions of Approval in the resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Use by Special Review within the next 60 days or withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Michelle Martin, 1555 N 171h Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincere t e/ty C t Michelle Martin Planner III pc: case file July 28, 2011 Department of Planning Services Attn: Michelle Martin 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1612) Dear Mrs. Martin, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date • U.S. Postal Servicer. CERTIFIED MAIL,,, RECEIPT Ln (Domestic Mail Only;No Insurance Coverage Provided) r-R M1F•r•elivery lnt.rmatl.n visit.urwe•site at www.us.s.c•m. rrt '� �` ; M1 M1 Postage $ Certified Fee Postmark O Returne - O (Endorsement Receipt Required) Here O Restricted Delivery Required) 7l 8 11 O D / 2 M1 ,n Total Postage&Fees r-R Sent To I4SO1n fir NC(/C,lfl sheer,Apt No.; O M1 or PO Box No. Cirs State,ZIPH4 PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A Sig re Item 4 If Restricted DeliveryIs desired. X. \ 1 Addre • Print your name and address on the reverse J(,L K addressee so that we can return the card to you. B. R Ned by Printed Name) C.r { 7 Delivery • Attach this card to the back of the mailpiece, wry !, or on the front if space permits. Item 1? ❑Yes 1. Article Addressed to: de e below: Rylo Bfe,n 144th AUG 0 2 2011 917'Zc a Ccrn two L,fl Well County running Department l / WET try Omen LU4t t M•ot1 1 s Os 8O51311 3. Se Mall ❑�'pertlfl Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1870 0000 4773 7215 Mender from service labs° PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Weld County Planning Departm GREELEY OFFICE ent SEP r1:8 2010 September 2, 2010 RECEIVED Subject: Use by Special Review# 1612 Dear Kim Ogle: In reply to your letter dated August 24, 2010. I spoke to Jacqueline Hatch and Bethany Salzman on several occasions following the August 8, 2007 public hearing to keep them informed of the steps that had been taken and that when I agreed to the "Conditions of Approval", I grossly underestimated the financial burden of them. I was told to do the best that I could. The best I can do for now is to keep my head above water. Two of my competitors have gone away in the last couple of years. I would like to have this chapter closed as much as anyone, but I simply cannot give any promise of a time line. ?///7-7a Brent augen Collision Craft, Inc. 303-833-1560 brent@collision-craft.biz collision-craft.biz • • Kit DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17` Avenue WI D I Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us OE-MAIL: kogle@co.weld.co.us . PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO August 24, 2010 Brent Haugen 9725 Del Camino Lane Longmont, Colorado 80504 Subject: Use by Special Review# 1612 Dear Brent Haugen: The Department of Planning Services is contacting you regarding the approval of Use by Special Review# 1612 through action of the Weld County Board of County Commissioners on August 8, 2007. This land use permit was conditionally approved pending action by the applicant of record. Review of the case file finds limited activity after the August 8, 2007 public hearing. It is important to state that Section 23-2-200.E provides timelines for completing the requirements associated with this case. For reference, the citation is as follows: "If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any Use by Special Review." At the Commissioners hearing, by agreement to the Conditions of Approval, you stated that 60 days to record the Use by Special Review# 1612 plat was acceptable. The date for providing the required documents and submitting the Improvement Agreement, Collateral and recording the plat has passed. / • • Given this condition, staff may impose Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners Resolution was approved a $50.00 recording continuance charge may be added for each additional 3 month period. The Department of Planning Services is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases; and this office is willing to work with you. At this juncture, this office is requesting a letter from you indicating that the project has not been abandoned and that it is the intention of you as applicant, to complete this project, addressing and meeting all of the conditions of approval in a timely manner. Should a written response on letterhead not be received by September 10, 2010, this office will take the appropriate action. Should you have additional questions or require clarification on any of the points presented, please contact this office. Thank you. Sincerely, K gle Planning Services pc'. S.Arries,Attorney's Office Planning Correspondence File: Use by Special Review#1612 a DEPARTMENT OF PLANNING SERVICES SOUTHWESTCE L----#%\: 4209 CR 2OFF14.5 LONGMONT, CO 80504 jhatch@ co.weld.co.us us PHONE: (720) 652-4210, Ext. 8730 IFAX: (720)652-4211 C. COLORADO January 28, 2009 Brent Haugen 9725 Del Camino Lane Longmont CO 80504 RE: Conditions of Approval: USR-1612 Dear Mr. Haugen: On August 8, 2007, your application for a Use by Special Review for vehicle repair in the Agricultural Zone District was approved by the Board of County Commissioners with specific Conditions of Approval. One of the Conditions of Approval grants applicants sixty(60) days to submit a Mylar Plat. I am aware of the difficulty and associated delays in meeting the conditions of approval normally associated with land use cases, and I'm willing to work with you in completing your application. Please notify me, in writing, within 10 working days of your status. If you have further question, please contact me at the above address, call (720) 652-4210 x 8730 or email. Sincerely, Jacqueline Hatch-Drouillard Senior Planner Hello