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Home My WebLink About20122845.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING APPEAL REGARDING DECISION OF THE BOARD OF PUBLIC HEALTH REGARDING DENIAL OF VARIANCE REQUEST FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM - CORRAL ENTERPRISES, LLC 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, pursuant to Section 2-4-10 of the Weld County Code, the Board of County Commissioners has received an appeal from Corral Enterprises, LLC, 131 East 18th Street, Greeley, Colorado 80631, do Freese Engineering, P.O. Box 913, 217 East 18th Street, Greeley Colorado 80631, concerning the decision by the Board of Public Health to deny the Variance Request for an Individual Sewage Disposal System to be located at 201 East 18th Street, Greeley, Colorado 80631, and WHEREAS, upon consideration of such appeal, including a review of all information submitted by the appellant and the Board of Public Health,the Board deems it advisable to grant the appeal of Corral Enterprises, LLC, based on the finding that connection to the nearest sewer line is not feasible or practical. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the decision of the Board of Public Health be, and hereby is, waived and the appeal of Corral Enterprises be, and hereby is, granted The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of October, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO \.,yf0ri4ta I� '&44Q,4 A/ _( �l ATTEST: c SeannV •n , Chair ) Weld County Clerk to the Board � 1 /J� � ill'"m . Gar , Pro-T,'m Deputy Cler to the Boar. ""!! •tr Kirkmeyer R ED A RM David E. Long ount Attorney RD,(9. 4\ivAcji ugll s Rademacher Date of signature: //3 .21/ ce `,&m'//Z, &rl^Q/ 2012-2845 /O 39" '9c /& HL0039 FREESE ENGINEERING P.O. BOX 913 217 EAST 1878 STREET GREELEY,COLORADO 80631 Jasper Flume (970)352-0100 R EGE1ER D PR XE�0NN.ENGINEERS ERS R EGS•IERD LAND SURVEYORS RECEIVED September 16, 2012 RE: Appeal of Denial of Individual Sewage Disposal SEP 1 4 2012 System Variance Request Located at: WELD COUNTY 207 E. 18th Street, Greeley, Colorado 80631 COMMISSIONERS To Whom It May Concern, We are submitting this appeal of the denial of the individual sewage disposal system by the Weld County Board of Health. We feel that connecting to the existing sanitary sewer system is not feasible due to the existing utilities located in East 18th Street. We are requesting that the Board of Weld County Commissioners review the denial by the Weld County Board of Health of the requested septic system repair permit located at 207 E. 18th Street, Greeley, Colorado 80631 Respectfully submitted, Jasper Freese PE/LS 4392 • orrA tf Art Corral Co at me _ - . Alles Taylor & Duke, LLC �'"o�ENoW � 3610 35th Avenue, Unit#6 /0 Evans,1 vans,CO 80620 ;\ ° Mark Taylor,Y.E. cyst/ Office: 970.330.0308 Ext. 1 Fax: 970.352.0128 T NG E ATDengineeringsurvey.com allcs_taylor_duke@yahoo.com "1O/02 •8 Job #12-001 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT -S61 1555 North 17th Avenue Greeley, CO 80631 Public Health Web:www.weldhealth.org Health Administration Public Health S.Clinical Environmental Health Communication, Emergency Preparedness COUNTY Vital Services ele 970 304 6410 ee970304420 Sery le'ces97034.415 sponse TeleEdu�970304.6470 Planning Tee8 970 304 6420 Fax: 970 304 6412 Fax: 970.304.416 Fax: 970.304.411 Fax. 970.304.452 Fax: 970304469 Our vision Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work and play. July 24, 2012 Corral Enterprises, LLC 131 E 18th Street Greeley, CO 80631 RE: Individual Sewage Disposal System Variance Request Located at: 207 E 18th Street, Greeley, Colorado This is to inform you that your Individual Sewage Disposal System Variance Request has been reviewed and denied as submitted. The variance request was denied based upon: 1. Weld County Code Section 30-2-40 G(3) which states: Except as provided in these regulations, no individual sewage disposal system permit shall be issued to any person when the subject dwelling, place of business or institution is located within 400 feet from a sewer line of a municipality or special district which provides public sewer service, except where such sewer service to the structure is not feasible in the determination of the municipality or special district. Should you have any questions regarding your septic system, please contact this office at your earliest convenience at 970-304-6415. Sincerely, Mary Evett Environmental Health Specialist cc: Jay Freese, Freese Engineering, 217 E 18th Street, Greeley, CO 80632 WELD COUNTY BOARD OF HEALTH VARIANCE REQUEST - WELD COUNTY I.S.D.S. REGULATIONS APPLICANT: Corral Enterprises, LLC PERMIT NO.: NA LEGAL DESCRIPTION: PT: NW4SW4 SECTION: 9 TOWNSHIP: 5N RANGE: 65W SITE ADDRESS: 207 E 18th Street, Greeley, CO FACILITY: Commercial, unknown proposed use (obsolete gas station) ACRES: 0.34 acres WATER SUPPLY: Greeley PERC RATE: No soils data for site SOIL: no soils data for site. Engineer reported soil observations at adjacent properties: sandy loam to 8 ft. on property to south of 18th Street at 150 E 18th Street, and sandy loam at 4 ft. on property located at 217 E 18th Street LIMITING ZONE: No soils data for site REQUEST FOR VARIANCE: Requesting to repair existing septic system vs. connecting to City of Greeley sewer within 400 ft. of facility per the requirements of Weld County Code 30-2-40 G (3), which states: "Except as provided in these regulations, no individual sewage disposal system permit shall be issued to any person when the subject dwelling,place of business or institution is located within 400 feet from a sewer line of a municipality or special district which provides public sewer service, except where such sewer service to the structure is not feasible in the determination of the municipality or special district." STAFF COMMENTS: The building is -100 ft. from the sewer in 18th St. See attached Engineer's report by Freese Engineering, dated June 26, 2012, for sewer location details and feasibility study. Per 9/21/11 email correspondence from Brad Mueller, City of Greeley Planning Manager, the City affirms that sanitary sewer service is feasible to the building located at 207 E 18th St, Greeley. In addition, Weld County Code Sec. 30-9-20. C. 5. states: "No variance will be allowed solely for economic gain." STAFF RECOMMENDATION: Denial ENVIRONMENTAL PROTECTION SPECIALIST: Mary Evett REVIEWED BY BOARD: July 24, 2012 B.O.H. DECISION: APPROVED: DENIED: X TABLED: &Ku 000d Chairman, Weld County Board of Health 6140 beua PA:Oz , ��z� �' , 0- a -moo (.,c3). an cuw f Lto a ttA,Loirt,A4A du--3 co tr -hc, d p� / Hello