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RESOLUTION
RE: ACTION OF THE BOARD OF COUNTY COMMISSIONERS CONCERNING
CHARLES E. RYBERG'S HOUSE MOVING OPERATION.
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 October 25, 1979 , Charles E. Ryberg appeared
before the Board of Adjustment to appeal the decision of the
Department of Planning Services concerning his house moving
operation, which is not a use allowed under the Weld County
Zoning Resolution, and therefore is not applicable to a special
use permit, and
WHEREAS, the Board of Adjustment has found that Mr. Ryberg
should be allowed to apply for a special use permit for the
reason that Mr. Ryberg' s house moving operation is similar in
nature to a salvage yard, and
WHEREAS, the Board of County Commissioners has considered
said violation and has decided to allow the violation to con-
tinue until such time as an application for a special use permit
has been filed and that said application must be filed on or
before December 21, 1979 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners that the zoning violation be, and hereby is , allowed
to continue until such time as an application for a special use
permit for a house moving operation has been filed by Charles
E. Ryberg.
BE IT FURTHER RESOLVED by the Board that said application
for a special use permit must be filed on or before December
21 , 1979 .
c;31-1C
790026
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
November, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(Aye)
Norman Carlson, Chairman
x _! Z/L/ (Aye)
Lydi Dunbar
ABSENT
C. W. Kirby O(J
Z erE, (Aye)
(� a� Leo and��L. Ro
ATTEST: ' 1° � Vt� / t n-e) � ifdlAYe)
U. v` G G"/ Igit K. Steinmark
Weld County Clerk and Recorder
a • _ erk, to the Boa
• ,P S C
D:puty County rk
c±ilAP• 'O ED AS TO FORM:
1:::C-7 --ease 2
County Attorney
DATE PRESENTED: NOVEMBER 14 , 1979
Tele.857-4667 616 Denver Ave.
LAW OFFICE P.O. Box 333
Fort Lupton,Colo.80621
of
JOHN R.DENT
October 29, 1979
Mr. Thomab E. Honn
Zoning Administrator
Department of Planning Services
915 10th Street
Greeley, Colorado 80632
RE: Charles (Ernie) E. Ryberg - Application for Special Use Permit
Request for Stay of Enforcement Proceedings
Dear Mr. Honn:
Pursuant to the decision of the Board of Adjustment on October
25, 1979, to allow the filing of an application by Mr. Ryberg
for a Special Use Permit , I would like to request 60 days from
you in which to file the application for a special use permitt and
additionally I would like to request all forms necessary for such
application together with a check list of all information needed
to be supplied with such application. By my calculations, 60
days from October 25th would fall on the 24th of December,
Christmas Eve. Therefore, we would stipulate that the application
would be received by the department on or before December 21, 1979.
Secondly, in light of the planning department's previous referral
of Mr. Ryberg's use of his property to the Board of Commissioners
for enforcement proceedings in regard to zoning violations, and
the Board of Commissioner's decision to await the decision of
the Board of Adjustment on Mn Ryberg's appeal to the Board of
Adjustment, I would like to request that the Planning Department
take suitable action with the Board of Commissioners to stay
further enforcement proceedings pending the outcome of Mr. Ryberg's
application for a special use permit. Should this necessitate an
appearance by myself in behalf of Mr. Ryberg before the County
Commissioners or an Application by me in behalf of Mr. Ryberg to
the County Commissioners requesting such a stay, please so
advise me, Unless I hear from you in this regard, I shall assume
that any further violation proceedings shall be tabled until such
time as a special use permit is finally granted or denied.
Thank you for your assistance in this regard.
7
Sinc e y, ,•
,
' J3'�UJ3�"7 �,�
OCT MY John R. Dent & RECEIVED 'o1
Attorney at Law Weld County o1
c Planning Commission `{\Y),
D:jp \:-
BEFORE THE WELD COUNTY, COLORADO BOARD OF ADJUSTMENT
MOTION TO GRANT OR DENY APPEAL
Case No . V-774 : 79 : 34 Date 10/25/79
APPEAL OF Charles Ryberg
Address 17843 Weld County Road 6, Brighton, CO 80601
Moved by '/ ;/ ;� % that the following resolution be
introduced for passage by the Weld County Board of Adjustment :
Be it therefore resolved by the Weld County Board of
Adjustment that the appeal of Charles Ryberg
for a variance or appeal described as :
Appeal a decision of the Department of Planning Services
made in the course of the administration and enforcement
of the provisions of the Weld County Zoning Resolution as
set forth in Section 9. 1. 1 of the Weld County Zoning Resolution
on the following described property:
Pt . SEa Section 24 , T1N, R66W of the 6th P.M. , Weld County,
Colorado
be granted m * ) for the following reasons :
Connie Green made the motion to approve V-774 : 79 : 34 because
she felt the housemoving business was similar in nature to
a salvage yard and therefore felt that Mr . Ryberg should be
given a chance to submit an application for a special use
permit to the Planning Commission.
2
Motion seconded by $ ' � _
Vote : For Granting o,f Appeal For Denial of Appeal
L, -
—/ s 7
/,l
The Weld County Board of Adjustment held a regularly scheduled meeting
Thursday, October 25, 1979, in the third floor hearing room, Weld
County Centennial Center , 915 10th Street , Greeley, Colorado
Roll Call was as follows :
Gordon Lacy Present
Frank Stewart Present
Carroll Miller Present
Homer Warren Present
Walter Teel Present
Joe Garcia Present
Connie Green Present (Arrived at 2 : 07)
David Droegemueller Absent
Frank Yamaguchi Present
Also present were : Vickie Traxler , Assistant Zoning Administrator
Chuck Cunliffe, Assistant Zoning Administrator
Tom Bonn , Zoning Administrator
Bob Lowenbach, Assistant County Attorney
As a quorum was present , the meeting proceeded as scheduled. Minutes
of the last meeting were approved as submitted.
APPLICANT : Earl D. Mackey
CASE NUMBER: V-771 : 79: 31
SUBJECT: 180 ' from the 180' minimum lot width requirement in the
Agricultural Zone District
LOCATION: 1 mile east of the Town of LaSalle
APPEARANCE: Earl D. Mackey
DISCUSSION: Mr . Mackey stated that he is requesting the variance on
the proposed Lot B so that the lot could be sold. Carroll Miller
asked about the access to Lot B and whose land it would cross. Mr .
Mackey stated that it would cross what was Darrell Borst ' s parcel
and would then come across his own land. He further stated that
there was a 40' permanent easement . Chuck Cunliffe stated that
there is a 40' permanent easement of record and that if the recorded
exemption is approved, Mr. Mackey was proposing a 20 ' easement to
Lot B which would become of record. Frank Stewart asked if Mr .
Mackey presently owned Lot A. Mr . Mackey stated that he did and
that it was farm ground. He further stated that the buildings on
the property were no good and should be torn down and a new house
built on the property. Frank Yamaguchi asked the applicant if the
existing easement could be used by anyone including a new owner of
Lot B. Mr. Mackey stated that his attorney told him the easement
included anything he ever wanted to bring in . A discussion followed
concerning the easement . Larry Thomason, present owner of the pro-
perty through which the easement runs stated his concerns about how
many residences were proposed and stated that he would be against
the variance if more than one residence was proposed. Johnny Alles ,
President of Union Ditch Company stated the objections of the Ditch
Company. John Lee Alles also stated objections to the variance.
MOTION: Carroll Miller made a motion to approve V-771 : 79 : 31 as re-
quested for the record' s sake. Motion was seconded by Connie Green.
A vote of "no" was cast by all Board Members. Request denied.
thr
APPLICANT: Paul Spencer
CASE NUMBER: V-772 : 79 : 32
SUBJECT: 180' from the 180' minimum lot width requirement in the
Agricultural Zone District
LOCATION: 6-1/2 miles north of Windsor and 1 mile southeast of the
Black Hollow Reservoir
APPEARANCE: Paul Spencer
DISCUSSION: Mr. Spencer stated that he would like to correct the info-
mation read by the Assistant County Attorney. He stated that the
property is located 7-1/2 miles north of Windsor and 1-1/2 miles
southwest of Black Hollow. Secondly he stated that he was not
applying for a recorded exemption to divide the property. He stated
that he has a contract to purchase 1 acre from a 160 acre parcel and
therefore was not dividing any property. He further stated that
there is a road which crosses Cactus Hill Lateral Ditch which has
been open to the public use for at least 30 years and no one would
be hendered from using it . This road comes up to the corner of the
parcel and would be a part of what he is purchasing. Connie Green
asked if the County had been maintaining this road. Mr . Spencer
said that they had until they had discovered that it was not a County
Road and had ceased the maintenance of it . Mr. Spencer stated that
his family suffered from allergies and that was his reason for wanting
to build a single family residence on the property. He further stated
that he had talked to Tom Honn, Zoning Administrator and that Mr . Honn
had indicated his recommendation or approval of the recorded exemption
because the property was wasteland and that he had gone on with the
application because he felt that he had a good chance of getting it
approved. A discussion followed regarding the maintenance of the
road. Vickie Traxler stated that in her conversation with the County
Engineer he stated that he did not realize that the County had been
maintaining the private road and thought it was only being used as a
means to get through to the County Road. He further stated that the
County is not maintaining the County Road pass the 1/2 section line.
MOTION: Carroll Miller made a motion to approve V-772 : 79: 32 as requested
for the record' s sake. Motion seconded by Frank Stewart . A vote of
"no" was cast by all Board Members. Request denied.
APPLICANT: Audrey J. Andersen
CASE NUMBER: V-773 : 79: 33
SUBJECT: Appeal of Administrative Decision
LOCATION: Approximately 1-1/2 miles northeast of Mead immediately adja-
cent to I-25 and 1/2 mile south of County Road 38
APPEARANCE: Audrey Andersen
DISCUSSION: Mrs. Andersen stated that 7 years ago she had applied for
and received a special use permit and that the permit does not mem-
tion anything about puppies . She further stated that when they
applied they applied for a breeding farm and that in the greyhound
business, puppies are puppies Cntil they reach 14 months of age. She
stated that at times they board matrons with puppies for another grey-
hound owner and that they were over the limit of 40 dogs allowed by
the special use permit if the puppies were being included. Joe Garcia
referred to the transcript of the Board of County Commissioners' hear-
ing and read excerpts from the the hearing referring to the maximum
number of pups and dogs. He stated that he felt the maximum number
of dogs referred to included pups and adult dogs. He further stated
that it was clear that the maximum number was not to exceed 40
14'6
whether on a temporary or permanent basis. A discussion followed in
which Chuck Cunliffe stated the procedures necessary for Mrs. Andersen
to apply to amend the special use permit to allow for a larger number
of dogs. Mr . Kenneth Andersen spoke in favor of granting the appeal .
MOTION: Carroll Miller made a motion to deny V-773 : 79: 33 based on the
fact that the Zoning Resolution defines adult dogs as being 4 months
of age and that is what the Board has to go by . Frank Stewart seconded
the motion. Motion carried by unanimous vote. Appeal denied.
APPLICANT : Charles Ryberg
CASE NUMBER: V-774 : 79 : 34
SUBJECT: Appeal of Administrative Decision
LOCATION: 1 mile north of Lochbuie
APPEARANCE : Charles Ryberg, John Dent , Attorney
DISCUSSION: Mr . Dent stated that Mr . Ryberg was appealing the decision
of the Planning Staff not to allow him to apply for a special use
permit . He stated that Mr. Ryberg was discouraged and told not to
submit an application and now would like permission from the Board of
Adjustment to submit an application for a special use permit to the
Planning Commission. Chuck Cunliffe stated that the use of the pro-
perty was not a use which was allowed under the Weld County Zoning
Resolution and, therefore was not applicable to a special use permit .
A discussion followed concerning the uses permitted under a special
use permit in the Agricultural Zone. It was pointed out that the
Zoning Resolution does provide for uses related in nature to the
listed uses, but the Planning Staff ' s determination was that the
house moving business was not a use related to any of the listed
uses. Connie Green stated that she felt the house moving business
could be related in nature to a salvage yard because in a sense , the
houses were being salvaged from one place and moved to another . Bob
Lowenbach stated that it appeared the Board had two questions to
decide. First , whether the Department of Planning Services Staff may
turn down any application for whatever reason and secondly, whether
Mr . Ryberg ' s use was similar to other special uses and therefore
whether he may apply for a special use permit . This was discussed
at length by the Board Members. Tom Honn outlined the staff ' s inter-
pretation of the procedural role of the Staff, Planning Commission,
and Board of Adjustment according to the Weld County Zoning Resolution
regarding administrative appeals. He also advised the Board that the
staff ' s opinion was that the applicant ' s use was not a use listed as
a special use nor was it similar to any of the listed special uses.
Because of this opinion the staff would not accept an application for
a special use permit in this case. Tom Honn indicated it is the
staff ' s opinion that the role of the Board of Adjustment is to rule
on the question of the interpretation of whether the use of the pro-
perty by the applicant is similar in nature to the uses listed as
special uses. He further stated his belief that the staff is not
required by the Zoning Resolution to accept all applications no matter
how dissimilar the proposed use is from the uses listed as being
acceptable. Tom Honn indicated that he felt if the Board were to
act favorably on the issue of accepting applications irregardless of
the use, any use could be applied for as a special use and that is
not appropriate under the Zoning Resolution . Mr . Ryberg then went to
the podium and gave a summary of the occurences to date and his reasons
why his request should be approved.
567
MOTION: Frank Stewart made a motion to deny V-774 : 79 : 34 because he
felt that the uses in the Agricultural Zone should be controlled and
he did not feel like the house moving business hould be allowed
without having the zone changed. He further stated that he did not
feel that anyone should be allowed to make application for a special
use when that use did not fit the area under the Zoning Resolution.
The motion was seconded by Walter Teel. A vote of no was cast by
all members except Mr. Stewart and Mr . Tell . Connie Green made a
motion to approve V-774 : 79: 34 because she felt the house moving
business was related in nature to a salvage yard and therefore, she
felt that Mr. Ryberg should have a chance to apply to the Planning
Commission for a special use permit . The motion was seconded by
Mr. Yamaguchi . A vote of yes was cast by all Board members except
Mr. Stewart and Mr . Teel voting no. Motion carried. Appeal approved.
APPLICANT: Eldon Kurtenbach
CASE NUMBER: V-775 : 79: 35
SUBJECT: 39 ' from the 180' minimum lot width requirement in the
Agricultural Zone District
LOCATION: Approximately 3 miles southwest of Johnstown
APPEARANCE: Eldon Kurtenbach
DISCUSSION: Mr. Kurtenbach stated that at one time he owned Lots 4,
5, and 6 and that he he has applied to replat two of the lots. Lots
4 and 6 have been sold. He will be taking 39 ' from Lot 5 and adding
it tc Lot 4 as a condition of the sale of Lot 4 . My Wayne Bules,
surror.nding property owner, spoke against the granting of the variance.
MOTION: Joe Garcia made a motion to approve V-775 : 79 : 35 based on the
recommendations of the staff and also because it would provide
adequate sight distance and adequate access, and that the letters of
objection were not relevant to the issue of whether the lot width
variance should be granted. Walter Teel seconded the motion. Motion
carried by unanimous vote. Request approved.
APPLICANT: Joe Romero
CASE NUMBER: V-776 : 79: 36
SUBJECT: 77 ' from the 180' minimum lot width in the Agricultural Zone
District
LOCATION: Approximately 2 miles east of LaSalle
APPEARANCE: Joe Romero, David Emmert , Attorney
DISCUSSION: Mr . Emmert stated that Mr. Romero would like to divide his
property in order for his daughter to build a residence. He further
stated that Mr . Romero ' s wife passed away last year and that it would
be beneficial to him to have his daughter living close to him. He also
stated that the remainder of the parcel would continue to be used as
farm land.
MOTION: Connie Green made a motion to approve V-776 : 79 : 36 because it
would not appear to create a detriment to the public good and it
would appear to provide for adequate sight distance while entering
County Road 43. Homer Warren seconded the motion. Motion carried by
unanimous vote. Request approved.
Respedully submitted,
Carole S. Dodge
Secretary to Board of Adjustment 'J
!�
/
I �
SUMMARY SHEET
July 25, 1979 Board of County Commissioners ' Hearing
Charles Ryberg RE: Commercial House Moving
VI-63 : 77:11 Operation in the Agricultural Zone District
The property on which the violation is occurring is described as Pt .
SE* Section 24, T1N, R66W of the 6th P. M. , Weld County, Colorado.
The property is located 1 mile north of Lochbuie.
The zoning violation is a commercial house moving operation in the
Agricultural Zone District which is in violation of Section 3 . 3.B. of
the Weld County Zoning Resolution.
When Chuck Cunliffe issued a violation notice on Charles Ryberg' s
parcel of land in April of 1977, the normal procedure was initiated
to apply for a change of zone from A to C. Application for change
of zone was received in September of 1978. On February 21, 1979,
the Board of County Commissioners denied the application for change
of zone. On March 30, 1979 and again on April 13 , 1979, Tom Honn,
Zoning Administrator, sent letters to Mr . Charles Ryberg with copies
to his attorney, Mr. Joe Hellewell. Copies of these two letters are
attached for your reference.
On March 2, 1979, June 1, 1979, and July 5, 1979, regular inspections
were made of this parcel. These reports show that very little, if
any progress has been made towards eliminating the commercial house
moving operation.
On June 7, 1979, I sent a letter to Mr, Ryberg giving him until June 17,
1979 in which to communicate with me his intent . To date, I have not
received a reply to that letter. On July 17, 1979 a certified letter
was sent to Mr . Ryberg notifying him that this matter was to be set
before the Board of County Commissioners. On July 24, 1979, I called
the Ryberg' s residence and I heard a recording which stated "R & R
House Movers, formerly Ernie Ryberg' s" was out of the office and for
me to leave a message. I did leave a message to further inform the
Rybergs of the hearing tomorrow and hopefully, they will return my
call before the day is over if they are unable to attend.
Every possible option has been extended to Mr. Ryberg by the Department
of Planning Services and the Board of County Commissioners , all of which
are not permitted or have been denied, and therefore, the recommendation
that the Planning Services Department must make to the Board of County
Commissioners is to proceed with legal action against Charles Ryberg
in this matter.
LAW OFFICES OF
JOSEPH H . NELLEWELL TELEPHONE: 352-8702
1019 9TH STREET
GREELEY. COLORADO 8O831
February 22 , 1979
Mr . Tom Hahn
Weld County Department of Planning Services
915 Tenth Street
Greeley, Colorado 80631
RE: Charles E . Ryberg
Dear Tom:
The purpose of this letter is to ask you to contact me so that
we may discuss any potential possibilities as suggested by the
Weld County Commissioners . Mr . Ryberg is most anxious to re-
solve this matter so that he can continue his operation in a
fashion substantially as done presently , and has no desire of
any expansion to limits beyond that .
He is most anxious to meet with County and try to work within
their system if a solution can be found.
Sincerely yours ,
ghu`t f
Joseph H. Hellewell
ik
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Kok.S20:0z4,73e
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9z 9514
PHONE :353; 3564000 Ea '
916 10TH ST,;: . '
GREELEY,COLORADO 8)637
COLORADO
March 30, 1979
Ernie Ryberg
17843 Weld County Road 6
Brighton, Colorado 80601
Dear Mr . Ryberg :
Pursuant to your request I am forwarding a status of your case. At
this time a date has not been set to present the violation to the
Board of County Commissioners . This will, however, be the next step
in the process .
The Weld County Board of County Commissioners will review the matter
and take an action appropriate to their evaluation of the circum-
stances . The action requested by this office will be for the Board
to determine that a violation exists and forward the case to the
County Attorney for action.
Because of your concern with the potential of the Special Use Permit,
this office has explored the matter. At this time it is not felt
that a Special Use Permit is appropriate for a house moving business .
The house moving business is one which requires a "C" Commercial
District. It is important to note that the Commercial District would
not include junkyard uses . The Commercial District would permit
one single family residence per legal lot in addition to a commercial
enterprize.
Because the house moving business is allowed in the Commercial District,
it is also permitted in the "I" Industrial District. Junkyard uses
are allowed in the Industrial District also . The use of Industrial
District for residential uses is limited, however. Mobile home
usage may be allowed when accessory to a principal use and necessary
for control and protection of the principal use. No other residential
uses are allowed in the Industrial District.
Ernie Ryberg
Page 2
March 30, 1979
In order to locate a properly zoned parcel for your operation, you
should be looking for Commercial and Industrial property. The
Commercial District will allow residential use but the Industrial
District is limited to Mobile Home uses for residential activity.
When searching for a property not zoned Commercial or Industrial ,
the policies outlined in the Comprehensive Plan are important as
they will have a significant bearing on a rezoning decision.
It appears that the violation matter will be scheduled for
Commissioner action in early May. A notice will be forwarded to
you to idenitfy the specific date and time. If you find parcels
that may be zoned or you feel may be able to be zoned, you may
wish to check with this office to determine the ability of the
property to meet your needs .
Hopefully this has helped you assess the current situation. If
you have further questions , please contact me. A notice will be
forwarded to you regarding the scheduling of your violation case
before the County Commissioners .
Ve y t
uly yours
, w
Thomas E. Honn
Zoning Administrator
TEH: sap
cc : Cathy Carter, Zoning Inspector
Joe Hellewell, 1013 9th Street, Greeley, Colorado 80631
DEPARTMENT OF PLANNING SERVICES
PHONE 1303) 356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
'R. ;I ' a
COLORADO
April 13 , 1979
Mr. Charles E. Ryberg
17843 Weld County Road 6
Brighton, CO 80601
Dear Mr. Ryberg :
In response to your telephone call, I am forwarding clarification
of the decision that your house moving business is not considered
Special Use.
The Zoning Resolution of Weld County sets forth various zone
districts and uses within the districts . The intent is to promote
the public health, safety and welfare. One of the purposes of the
zoning district system is to provide areas for different types of
use activities to prevent incongruous uses next to one another,
thereby protecting property values.
Within the Agricultural Zone District there are uses by right,
temporary uses , conditional uses and special uses . Because it is
not possible to list each and every use that can take place in
every district, Section 6 . 1(1) provides that unlisted uses of a
similar nature are also permitted.
My determination, after deliberation with the zoning staff, was
that the house moving business is not a use similar in nature to
uses currently identified as Special Uses. Therefore, the Special
Use procedure is not applicable.
Special uses are defined as uses which "may have significant im-
pact on surrounding uses or may be somewhat contrary to the intent
of a zone. " The list of uses provide two general types of activity.
One type of use is agricultural businesses such as feedlots or
agricultural product related activity.
Mr. Charles E . Ryberg
Page 2
April 13 , 1979
The second type of uses are those not necessarily agricultural but
require an environment not available in the municipality, or an
environment with special physical attributes such as isolation, or
require location adjacent to a raw material .
It is felt these uses should be reviewed to determine their com-
patibility with the neighborhood and, if compatible, identify con-
trols to insure protection of the health, safety and welfare of
the inhabitants of the area. Therefore, hearing requirements were
developed for Special Uses .
The opinion of your house moving business was that it did not
comply with the above described concept of Special Uses. The house
moving activity is not an agricultural use. It is a use that can
be located in a municipality, it is a use that does not require a
special physical attribute or location adjacent to a raw material .
The opinion of your activity is, however, one which is similar to
storage and repair, heavy equipment and office uses . This type of
activity is found to be allowable in or around municipalities in
properly zoned areas .
Hopefully this assists in your understanding of the opinion rendered
by this office. If you have additional questions please feel free
to call .
Ve/y my yo-.
_ I
Thomas E. Honn
Zoning Administrator
csd
cc : Cathy Carter
Joe Hellewell
1013 9th Street
Greeley, CO 80631
DEPARTMENT OF PLANNING SERVICE
PHONE (3031 3564000 EXT.404
915 10TH STREET
� �. GREECE Y,COLORADO 80631
111 ] YYt., :. D to (2,. .
COLORADO
June 7, 1979
Mr . Charles Ryberg
17843 Weld County Road 6
Brighton, CO 80601
RE: Zoning Violation - Pt . SE* Section 24, T1N, R66W
Dear Mr. Ryberg:
On June 1, 1979, I inspected your property and was not able to deter-
mine that positive steps have been made towards removing the zoning
violation presently existing on your parcel.
On or before June 17, 1979, I will expect to receive communication
from you regarding your present intent .
I anticipate your cooperation in this matter as you have always done
so. I will try to assist you in any way I can regarding this matter .
Sincerely,
Cathy . Carter
Zoning Inspector
csd
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
COLORADO
July 17, 1979
Mr . Charles Ryberg
17843 Weld County Road 6
Brighton, CO 80601
RE : Zoning Violation - Pt . SEI Section 24, T1N, R66W
Dear Mr. Ryberg :
This is to inform you that the Weld County Board of County Com-
missioners is scheduled to consider the zoning violation occurring
on your property described as commercial house moving operation on
Pt. SE$ Section 24, T1N, R66W on July 25, 1979. If necessary, the
Board of County Commissioners will proceed with legal action to
remedy the violation of the Weld County Zoning Resolution.
This meeting will be held in the Board of County Commissioners '
Hearing Room located on the First Floor in the Weld County Centen-
nial Center, 915 10th Street , Greeley, Colorado, starting at 9: 00
a.m.
Your presence or a representative would be helpful to the Commis-
sion members if they have any questions concerning this violation.
This office is ready to be of any assistance in clarifying or
answering questions concerning this violation. Please feel free
to contact me if you have any questions.
Respectfully,
Cathy . Carter
Zoning Inspector
csd
cc : Tom Honn
Chuck Cunliffe
Vickie Traxler
RE FOR C ED MAIL-300 (plus postage)
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PS Form 3811,Aug.1978 RETURN RECEIPT,REGISTERED,INSURED AND CERTIFIED MAIL
INSPECTORS REPORT
Name : Charles Ryberg No : III-63 : 77 : 11
Legal Description of Property : Pt . SEj Section 24, T1N, 11.66 '
Date :
March 2 , 1979 Time : 2 : 35 pm
I called Mr . Ryberg to ask permission to walk the property with him and take
pictures. He gave me the permission to do so. Four pictures were taken
showing equipment which is to be removed and showing the lot line where the
survey was done for the change of zone. Mr. Ryberg said that he intended to
move everything to the right of the survey line over to the left of that line
where the change of zone was to have been. He said the small office type
building that is on blocks would be put down on the ground permanently and
taken off the blocks.
. /
Zoning nspector
Note : Attach this sheet to the complaint report pertaining to this zoning
violation.
INSPECTOR' S REPORT
Name : Charles Ryberg No : VI-63: 77 :11
Legal Description of Property : Pt . SE* Section 24, T1N, R66W
Date : June 1 , 1979 Time : 12 :25 PM
This inspection reveals that very little change has been made on the Ryberg
Mapp,re-part
parcel . The small office type building which the March 2, 19794reveals will
be set down on permanent blocks, has been moved to a different location which
is to the north of a small shed located on the right side of the survey line,
said right side not ever being included in the application for change of zone.
At any rate, the violation still exists. A letter will be sent to Mr. Ryberg
to determine what his intent is now and in the near future. If reply to said
letter is not satisfactory, the property will be tagged for a violation again.
Zon n nspecto
Note : Attach this sheet to the complaint report pertaining to this zoning
violation .
INSPECTOR ' S REPORT
Name : Charles Ryberg No : VI-63_77: 11_.____
Legal Description of Property : Pt . SE* Section 24, T1N, R66W
Date : July 5, 1979 Time : 2:10 P M_
- ---------- --- ---
inspection reveals that the commercial house moving equipment is still
located on the Ryberg parcel . To date, no contact has been received from
Charles Ryberg in regard to my June 7, 1979 letter to him. This matter will
be set before the Board of County Commissioners for July 25, 1979 and Mr.
Ryberg will be sent a certified letter in that regard.
•
Zoning nspec or
Note : Attach this sheet to the complaint report pertaining to this zoning
violation.
INSPECTOR'S REPORT
Charles Ryberg No : VI-63 : 77: 11
Name:
Pto SE4 Section 24, T1N, R6
Legal Description of Property : 6W
July 26, 1979 Time : 8 :15 am
Date :
I spoke to Charles Ryberg by phone this morning. Mr. Ryberg was very
upset and claimed that the County is telling him to basically "shove it" .
He used very aggresive language with me and advised me never to enter the
parcel again nor could anyone else with the County set foot on his land.
I tried to reason with him to no avail. He stated that he never received
my certified letter that was sent to him on the 17th of July which
advised him that the matter was to be set before the Board of County
Commissioners this date. In order to be congenial , I told him that I
would reset the matter before the Commissioners and make sure that his
attorney was aware of the date of the Board of County Commissioners hearing.
Mr. Ryberg was very distressed and I found it impossible to reason with
him, and told him that I would not argue with him and clearly stated once
again that letter would be forthcoming and told him that I felt there was
no reason to discuss the matter and said good bye to him.
I then went to Tom Honn and told him of my phone conversation. A short
time later Ryberg called back and the phone call was put directly through
to Tom Honn, Mr. Honn spent considerable time listening as well as
explaining the past as well as present circumstances of this matter and was
able, to calm Mr. Ryberg down and was further able to get Mr. Ryberg to
agree that if I would call him first before making inspections I would be
able to enter the property with Mr. Ryberg as escort .
Ryberg was informed that this matter will be set before the August 22, 1979
Board of County Commissioner meeting and copies of said letters will be
forthcoming to Mr. Ryberg as well as another
letter from Tom Honn explaining our curroing Insp for
regulations regarding this matter.
Note : Attach this sheet to the complaint report pertaining to this zoning
violation.
DEPARTMENT OF PLANNING SERVICES
PHONE 13031 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
COLORADO
July 27, 1979
Mr. Charles Ryberg
17843 Weld County Road 6
Brighton, CO 80601
RE: Zoning Violation - Pt. SE* Section 24, T1N, R66W
Dear Mr, Ryberg:
This is to inform you that the Weld County Board of County Com-
missioners is scheduled to consider the zoning violation occurring
on your property described as a commercial house moving operation
on Pt. SE* Section 24, T1N, R66W on August 22, 1979. If necessary,
the Board of County Commissioners will proceed with legal action to
remedy the violation of the Weld County Zoning Resolution.
This meeting will be held in the Board of County Commissioners'
Hearing Room located on the First Floor in the Weld County Centen-
nial Center, 915 10th Street, Greeley, Colorado, starting at 9:00
a.m.
Your presence or a representative would be helpful to the Commis-
sion members if they have any questions concerning this violation.
This office is ready to be of any assistance in clarifying or
answering questions concerning this violation. Please feel -Free
to contact me if you have any questions.
Respectfully, ,C��i�
Cathy E. Carter
Zoning Inspector
csd
cc: Tom Honn
Chuck Cunliffe
Vickie Traxler rr( _1242rAAJo J el9
Joe Hellewell �%
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R. Sho s to windy,date and where delivered 350 s,
SERVICES With delivery to addressee only 850 \\
DELIVER TO ADDRESSEE ONLY 5.00
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PS Farm 3011,Aug.1918 RETURN RECEIPT.REGISTERED,INSURED AND CERTIFIED MAIL
DEPARTMENT OF PLANNING SERVICES
PHONE 13031 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
111k
COLORADO
July 31 , 1979
Charles Ryberg
17843 County Road 6
Brighton, Colorado 80601
Dear Mr. Ryberg:
Pursuant to our conversation of July 25 , 1979, I will attempt to
identify the purpose of the Agricultural District.
The Zoning Resolution in general is designed as a tool intended to
promote the health, safety and welfare of the residents of the
County. The County provided for various categories (when creating
the Zoning Resolution) so that land uses could be separated from
each other where appropriate. One of these categories is the
Agricultural District.
The Zoning Resolution identifies the intent of the Agricultural
District in Section 3 . 3 A. The District is identified as those areas
throughout the County "in which agriculture is and should continue to
be the predominant land use. " A second important part of the intent
is to "provide for the orderly expansion of urban growth in conformance
with the Weld County Comprehensive Plan. "
In 1973 the County adopted its Comprehensive Plan which sets forth
policies to guide growth goals and objectives . With the plan adoption,
it was recognized that zoning and subdivision controls would play
an important role in facilitating that plan. The specific uses of
the Agricultural District are listed as (1) by right, (2) temporary,
(3) conditional, and (4) special. In previous correspondence I have
talked about the uses other than uses by right.
Section 3 . 3 B. indicates the uses by right are predominantly farming,
ranching and gardening pursuits and accessory activites directly related
tothose uses. The other activities permitted by right are those allowed
in other districts as well, such as public utility facilities and
public parks.
Chcirlca Rybcrg
Page 2
July 31 , 1979
The one other listed use which does not necessarily require the above
listed conditions is the right to one single family residence per
legal lot: If, as you indicate, the property is not one which is
able to be utilized for productive agricultural pursuits, it can be
utilized for a residential use. How intensive the residential use
can be is outlined by the Comprehensive Plan policies.
Hopefully this general description will aid your understanding of
the Zoning Resolution.
Ve t ruly y ur ,
Thomas E. Honn
Zoning Administrator
TEH:sap
cc: Joe Hellewell
1013 9th Street
Greeley, Colorado 80631
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