HomeMy WebLinkAbout20110354 RESOLUTION
RE: RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW PERMIT #1428 - JOHN AND DENISE WALKUSCH
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 the 22nd day of November, 2010, a Probable Cause Hearing was held
before the Board to consider setting a Show Cause Hearing to determine whether or not John and
Denise Walkusch, 12439 Highway 392, Greeley, Colorado 80631, were in compliance with certain
Conditions of Approval and Development Standards contained in Use by Special Review
Permit#1428 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
Permit in the Commercial or Industrial Zone District (repair work on heavy duty trucks and farm
equipment) in the A (Agricultural) Zone District, at which time the Board deemed it advisable to
continue said matter to February 2, 2011, in order to allow adequate time for staff to research the
matter and try to reach a resolution,
WHEREAS, the alleged violations were said to be occurring on property described as
Subdivision Exemption#485; being part of the SW1/4 of Section 18, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado, and
WHEREAS, Planning Services presented the Board with various options for resolving the
violations, and the Board deemed it advisable to continue the matter to February 2, 2011, in order to
allow adequate time for staff to research the matter try to reach a resolution, and
WHEREAS, after hearing testimony from the Department of Planning Services at said
Probable Cause Hearing on February 2, 2011, the Board finds that pursuant to the procedure as set
forth in Chapter 2,Administration, of the Weld County Code,there is not sufficient probable cause to
schedule a Show Cause Hearing, and the Board finds a modification to the boundary of Use by
Special Review#1428, to include the entire property where the operation is located,will sufficiently
resolve the matter, and the Board deemed it advisable to dismiss said matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Probable Cause Hearing concerning whether or not John and Denise
Walkusch are in compliance with certain Conditions of Approval and Development Standards
contained in Use by Special Review Permit#1428 for a Use Permitted as a Use by Right,Accessory
Use, or Use by Special Review Permit in the Commercial or Industrial Zone District(repair work on
heavy duty trucks and farm equipment) in the A (Agricultural) Zone District, be, and hereby is,
dismissed.
pe 2011-0354
3/q/// PL1709
SET SHOW CAUSE - JOHN AND DENISE WALKUSCH (USR #1428)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of February, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST:
,� . arbara Kirkmeyer Chair
Weld County Clerk t `6c
• `� 4 r Sean P. Conw , Pro-Tem
BY:
Deputy Clerk o the Bo"' i+✓ (4 1
Willi F. Gar 'a
12OV D M: I
C7`
David E Long
1
r
o my Attorney EXCUSED
n Douglas Rademacher
Date of signature: c/?//I
2011-0354
PL1709
Timeline of events:
April 7, 2010 USR-1428 approved by the Board of County
Commissioners
July 2, 2010 Letter sent to Mr. Walkusch from Tom Parko,
Department of Planning Services
July 23, 2010 Pre-Application meeting held with Mr. Walkusch
August 10, 2010 Phone call from surrounding property owner
September 21 , 2010 Letter received from Mr. Walkusch
September 22, 2010 E-mail sent to Mr. Walkusch from Mr. Gathman
October 20, 2010 E-mail response sent from Mr. Walkusch to Mr.
Gathman
November 4, 2010 Phone call from surrounding property owner
November 10, 2010 Probable Cause Hearing Notification sent
November 19, 2010 Probable Cause Hearing Notification
received/USR-1428 site visit
November 22, 2010 Probable Cause Hearing continued until
February 2, 2010
Staff Recommendation:
1 ) Mr. Walkusch reduce his number of trucks and outside employees to two
(2) each within ninety (90) days (no later than May 4, 2011 ).
OR
2) Submit an amended Use by Special Review Permit application to the
Department of Planning Services within ninety (90) days (no later than May 4,
2011 ).
2011-0354
Lee
4:ictiy
DEPARTMENT OF PLANNING SERVICES
ICode Compliance Division
pe
www co.weld.co.us
E-mail Address: cgathman@co.weld.co.us
1555 N. 17thAvenue, Greeley, CO 80631
COLORADO Ph one (970) 353-6100
Fax (970) 304-6498
November 10, 2010
John K. Walkusch
12439 Highway 392
Greeley, CO 80631
Subject: PAMUSR-1428, part of Subdivision Exemption 485; located in Part of the SW4 of Section 18,
T6N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. Walkusch,
Notice is hereby given that on Monday, November 22 at 9 a.m. or as soon thereafter as the agenda of
the Board of County Commissioners permits, the Board of County Commissioners of Weld County will
hold a Probable Cause public hearing pursuant to Chapter 23, Article 11(2), Division 4, Section 23-2-270 of
the Weld County Code. This meeting will take place in the Commissioner's Hearing Room, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number USR-1428 for compliance with the
Development Standards as approved by the Board of County Commissioners on April 7, 2004 to
determine if probable cause exists to hold a hearing of revocation of USR-1428.
Representatives of this office have determined that you are not in compliance with the following
Development Standards:
Standard 1 Site Specific Development Plan and Use by Special Review Permit #1428 is for a
Use Permitted as a Use by Right, an Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (repair work on heavy duty trucks and farm equipment) in
the A (Agricultural) Zone District, as indicated in the application materials on file and subject to
the Development Standards stated hereon.
Standard 24 Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards as shown or stated shall require approval of
an amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
Standard 25 The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County Commissioners.
If it is determined at the public hearing that there is probable cause that you are not in compliance with
USR-1428, the Board of County Commissioners will schedule a Show Cause public hearing to consider
revocation of the Use by Special Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at the
above address, telephone number or e-mail address. If you wish to see me personally, please call to
schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
ekoo
Chris Gathman
Planner II -AICP
pc: PUSR-1428
Board of County Commissioners Office
Bruce Barker, County Attorney
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PS Form 3800,August 2006 See Reverse for Instructions
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1428 FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (REPAIR WORK ON HEAVY DUTY TRUCKS AND FARM EQUIPMENT)
IN THE A(AGRICULTURAL)ZONE DISTRICT -JOHN AND DENISE WALKUSCH
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, the Board of County Commissioners held a public hearing on the 7th day of
April,2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of John and Denise Walkusch,12439 Highway 392,Greeley,Colorado 80631,fora Site
Specific Development Plan and Use by Special Review Permit#1428 for a Use Permitted as a Use
by Right,an Accessory Use,or Use by Special Review Permit in the Commercial or Industrial Zone
Districts(repair work on heavy duty trucks and farm equipment)in the A(Agricultural)Zone District
on the following described real estate, to-wit:
Subdivision Exemption#485;being part of the S W 1/4
of Section 18,Township 6 North,Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS,Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed,finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.6.1—The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not effect the productivity of the site.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural)Zone District.
2004-0818
PL1709
de ; P4 pi ALEex]) 79PA_ oaf lm o`t
SPECIAL REVIEW PERMIT#1428-JOHN AND DENISE WALKUSCH
PAGE 2
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses.
d. Section 23.2-230.6.4—The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect, or the adopted Master Plans of affected municipalities.
e. Section 23-2-230.6.5—The site does not lie within any Overlay Districts.
f. Section 23-2-230.8.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
g. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval,and Development Standards ensure that there are
adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the neighborhood and County.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of John and Denise Walkusch for a Site Specific
Development Plan and Use by Special Review Permit#1428 fora Use Permitted as a Use by Right,
an Accessory Use,or Use by Special Review Permit in the Commercial or Industrial Zone Districts
(repair work on heavy duty trucks and farm equipment)in the A(Agricultural)Zone District on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Colorado Department
of Transportation(CDOT)as outlined in its referral received May 1, 2003.
Written evidence of CDOT approval shall be submitted to the Department of
Planning Services.
B. The applicant shall attempt to address the requirements of the
Windsor-Severance Fire Protection District, as outlined in its referral
received May 12,2003.Written evidence of such shall be submitted to the
Department of Planning Services.
C. The applicant shall attempt to address the recommendations of the City of
Greeley,as outlined in its referral received May 1,2003. Written evidence of
such shall be submitted to the Department of Planning Services.
2004-0818
PL1709
SPECIAL REVIEW PERMIT#1428- JOHN AND DENISE WALKUSCH
PAGE 3
D. A Building Permit shall be obtained for the existing buildings associated with
the use unless evidence can be submitted that a permit and all required
inspections were performed. Building Permit applications shall include all
uses to which the buildings are, or will be, used. A plot plan shall be
submitted showing all structures with accurate distances between
structures, and from structures to all property lines.
E. A Plan Review is required for each building for which a Building Permit is
required. Plans for the shop shall include a floor plan and a complete
description of the extent of the work that will be done to repair vehicles. Two
complete sets of plans are required when applying for each permit.
F. The applicant shall abandon the cesspool in accordance with Weld County
Code. Written verification or physical evidence that the cesspool has been
properly abandoned shall be submitted to the Weld County Departments of
Planning Services and Public Health and Environment.
G. Submit a Dust Abatement Plan to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment,
for approval prior to operation.
H. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. The plan shall include at a minimum,the
following:
1) A list of wastes which are expected to be generated on site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
The applicant shall submit a Screening Plan for review and approval by the
Department of Planning Services. Types and height of screening materials
shall be delineated in the Screening Plan.
J. The West Soil Conservation District has provided information regarding the
soils on the site. The applicant shall review the information and use it to
positively manage on-site soils.
K. The applicant shall attempt to address the recommendations of the Weld
County Sheriff's Office, as outlined in its referral dated June 13, 2003.
2004-0818
PL1709
SPECIAL REVIEW PERMIT#1428-JOHN AND DENISE WALKUSCH
PAGE 4
L. The existing semi trailers stored on the property shall be screened from
adjacent properties and rights-of-way, and shall be currently licensed.
Evidence of such shall be submitted to the Department of Planning Services.
M. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1428.
2) The attached Development Standards.
3) The proposed internal traffic circulation pattern shall be indicated.
4) The applicant shall address the requirements of the Americans with
Disabilities Act (ADA) on the plat. A minimum of one (1)
handicapped space is required. Typically,one parking space shall
be van accessible with a five-foot wide landing between parking
spaces. Access from the parking area into the structure shall be
indicated.
5) The approved Screening and Buffering Plan.
N. The applicant shall submit two(2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval#1 above, the applicant shall submit a
Mylar plat,along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg,.dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be sent to
maps aeco.weld.co.us.
4. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
2004-0818
PL1709
SPECIAL REVIEW PERMIT#1428-JOHN AND DENISE WALKUSCH
PAGE 5
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of April,A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W TOLORADO
ATTEST: finutil / f' LA`s
,tit Robert D. Masden, Chair
Weld County Clerk tot( Y 6
William H. J <e, Pro-Tem
BY:
Deputy Clerk to the Bd: � •
M. . eile
AP O AS FO
�� David . Long
ounty Attorney
�
Glenn Vaad
Date of signature: —
2004-0818
PL1709
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND DENISE WALKUSCH
USR#1428
1. The Site Specific Development Plan and Use by Special Review Permit#1428 is for a Use
Permitted as a Use by Right, an Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (repair work on heavy duty trucks and farm
equipment)in the A(Agricultural)Zone District,as indicated in the application materials on
file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All equipment and vehicles to be repaired shall be stored inside existing buildings and/or
within the fenced storage area.
4. No outside repair or maintenance/oil changes shall be conducted with the exception of
routine maintenance.
5. The off-street parking spaces,including the access drive,shall be surfaced with gravel or
equivalent and shall be graded to prevent drainage problems. Each parking space adjacent
to the building shall be equipped with a wheel guard or curb stop where necessary to prevent
from extending beyond the boundaries of the space and from coming into contact with other
vehicles, walls, fences, or plantings.
6. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
7. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
10. In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR
1101-14)a spillage retention berm shall be constructed around the tank battery. The volume
retained by the spillage berm should be greater than the volume of the largest tank inside the
berm. Alternative protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations.
2004-0818
PL1709
DEVELOPMENT STANDARDS -JOHN AND DENISE WALKUSCH (USR#1428)
PAGE 2
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103, C.R.S.
13. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
14. The applicant shall operate in accordance with the approved Waste Handling Plan.
15. Adequate hand washing and toilet facilities shall be provided.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
17. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
18. Effective January 1,2003,Building Permits issued on the lotwill be required to adhere to the
fee structure of the County-Wide Road Impact Program.
19. The screening on site shall be maintained in accordance with the approved Screening Plan.
20. The Use by Special Review Permit shall not be transferable to any successors in interest
to the prescribed property and shall terminate automatically upon conveyance or lease of
the property to others for operation of the facility.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. Weld County Personnel shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
24. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
2004-0818
PL1709
DEVELOPMENT STANDARDS-JOHN AND DENISE WALKUSCH (USR#1428)
PAGE 3
25. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
2004-0818
PL1709
DEPAR KENT OF PLANNING SERVICES
1555 N. /th Avenue,Greeley, CO 80631 C,- ',C)
Phone (970) 353-6100, Ext.3540, Fax(970)304-6498
USE BY SPECIAL REVIEW APPLICATION
�YJ
Application Fee Paid Receipt# Date
Recording Fee Paid Receipt# Date
Application Reviewed by:
TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: 5W l Sec 1 a T 6N. R 66W
PARCELNUMBER:0 8 0 1 IQQ,9-QLA(12 digit number-found on Tax I.D.
Information or obtained at the Assessors Office.
Section 18 ,T 6 N, R 66 W-Total Acreage 2.59 Zone District A Overlay Zone n/a
Property Address(if available) 12419 Hwy 192, Greeley, CO 50611
Proposed Use Residential/Business
SURFACE FEE (PROPERTY OWNERS)OF AREA PROPOSED FOR THE SPECIAL REVIEW
PERMIT
Name: John Karl wnikuarh Address: 12419 Hwy 191
City/State.+Zip: Crn iny, cc Home Telephone: 686-7967 Business Telephone n/a
80631
Address' 12439 Hwy 392
Name: Denise Lenore nrr Wailknvrh
City/State/Zip: Greeley, CO 8063Ikome Telephone,686-7967 Business Telephone n/a
APPLICANT OR AUTHORIZED AGENT(if different than above)
Name:
Address: 9299 Deat...a..Pa.A D.i. . City/State/Zip: Uinatnru - CO 80530
Home Telephone: n/a Business Telephone: (94-89—frgin.-5.04-4--
DEPARTMENT OF PLANNING SERVICES USE ONLY
Case It
Floodplain: 0 Yes o No Geologic Hazard: ❑ Yes O No
I hereby state that all statements and plans submitted with the application are true and correct to the best
of my knowledge.
Rev: 1-4-01 S' ature: Owner or A 7 zed Agent
/ MINT
5
2004-0822
USE BY SPECIAL REVIEW QUESTIONNAIRE
e"" The following questions are to be answered and submitted as part of the USR application. If a question
does not pertain to your use, please respond with"not applicable",with an explanation as to why the
question Is not applicable.
1. Explain,in detail,the proposed use of the property. Repair work on foreign, domestic medium &
heavy duty trucks & farm equipment
2. Explain how this proposal is consistent with the Intent of the Weld County Code, Chapter 22.no agriculture
1 nd will bbe of ected, proposed facility benefits surrounding agricultural properties
3. Ex�pfain'howThis proposal is consistent with the intent of the Weld County Code,Chapter 23 and
the zone district in which it is located. Proposal is for equipment storage & repair of domestic
farm equipment- consistent with Weld County Code #23-4-420
4. What type of uses surround the site? Explain how the proposed use is consistent and
compatible with surrounding land uses. Agriculture, would be able to repair vechicle's &
farm equipment for area residence's
5. Describe, in detail,the following:
a. How many people will use this site? 1
b. How many employees are proposed to be employed at this site? 1
c. What are the hours of operation? 8:00am - 5:00pm
00pm
d. What type and how many structures will be erected (built)on this site? None / Existing structure
to be used
e. What type and how many animals, if any,will be on this site? 0
�., f. What kind (type, size,weight)of vehicles will access this site and how often? Same as answer #1,
2,000 - 23,000lb vechicles
g. Who will provide fire protection to the site? Windsor/Severance Fire District
h. What is the water source on the property? (Both domestic and irrigation). North Weld County
Water District
What is the sewage disposal system on the property? (Existing and proposed).Septic
j. If storage or warehousing is proposed,what type of items will be stored?N/A
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as
a landscape plan map as part of the application submittal. Exsisting Landscape
7. Explain any proposed reclamation procedures when termination of the Use by Special Review
activity occurs.Not changing any landscape, reclamation wouldn't be needed
8. Explain how the storm water drainage will be handled on the site. Natural Runoff
9. Explain how long it will take to construct this site and when construction and landscaping is
scheduled to begin. Exsisting Building / N/A
10. Explain where storage and/or stockpile of wastes will occur on this site. Trash container, Scrap iron
Trailer, located at the North end of the property •
9
Weld County Planning Department
GREELEY OFFICE
FEB 11 2003
0,/ ' (3---%%.,\\
(if RECEIVED
tTO: Chris Gathman, Weld County Department
of Planning Services
FROM: Lee D. Morrison, Assistant Weld County Attorney Ci DATE: February 10,2003
COLORADO SUBJECT: John and Denise Walkusch-VI-0100240
I have reviewed the attached materials from Mr. Walkusch regarding the non-exclusive access easement
he relies upon to access the property. I had previously suggested that more information was needed
because of a concern on my part that the use contemplated in the USR application might be claimed to
be an expansion of the existing easement. My concerns have been ameliorated by the information Mr.
Walkusch has provided me. That does not necessarily mean that the access is physically adequate,nor
does it mean that other parties might not still challenge the use of the easement but it does mean that, in
my opinion,there is not a substantial increase in the burden on the easement such that it would prevent
the business as proposed from using the easement.
He has indicated that two of the three parties sharing the easement with him have no objection and that
the third party(Orth)no longer uses the easement. The easement is partially on Orth's property, but is
separated the remaining property by a ditch lateral. It was previously used by Orth to access a portion of
his property to the East of Walkusch, but that access has been fenced off by Orth and is unused(See
photos 3 and 4). Mr. Orth has declined to contribute to maintenance of the easement and has a separate
access to his property.
Mr. Walkusch observed the traffic usage for his property as 14 round trips per day and the other two
properties combined,generating 13 round trips per day. He indicates that the structures on his property
could and previously did accommodate agricultural implements and the number of trips per day would
be equivalent for a use by right for agricultural purposes.
Lee D. Morrison,
Assistant Weld County Attorney
Attachments: Original photos and Walkusch Notes
M:\WPFILES\DIANE\PLANNING\WALKUSCInMEMO.WPD
AGREEMENT
This Agreement entered into this,1/ day of March, 1994 by and between
Join Orth and Marilyn J. Orth (Orths) end jawrence Nertzke and Rick Nertzke
(Hertzke);
WHEREAS, Orths are the owners of property described as:
lot B of Amended Recorded Exemption No. 0805-18-3-RE 825, recorded November
29, 1990 in Book 1283 under Reception No. 2234328, Weld County Records, and
located in the Southwest Quarter (SW$) of Section Eighteen (18), Township
Six (6) North, Range Sixty-six (66) West of the 6th P.H., County of Weld,
State of Colorado.
•
WHEREAS, Hertakes have reserved a 20 foot access easement across a
parcel of land described as:
Lot A of 2nd Amended Recorded Exemption No, 080518-3-RE 825, recorded March
3, 1994 in Book 1429 under Reception No. 2376415, Weld County Records, and
located in the Southwest Quarter (SW4) of Section Eighteen (18), Township
Six (6) North, Range Sixty-six (661 West of the 6th P.M., County of Weld,
State of Colorado.
AND WHEREAS, the parties hereto desire to provide for joint use and
maintenance of a 20 foot access easement located between the above described
properties. Said easement as shown on the recorded plats of the properties,
•
NOW THEREFORE, both parties hereby agree that said access easement shall
be used and maintained on an equal basis, with all the costs of maintenance
to be shared equally between said parties, and all future owners of the
above described lands.
It is hereby agreed that this agreement shell be a covenant running with
eta lands, end chat this agreement shall be binding upon all partlea hereto,
the r heirs, successors and/or assigns.
.. . / fib„
JOHN 1l /1 WRENCE4S
I
MARILY J. /4&t"-
..e.-0.-- RICK 2TZK - \
•
STATE OF COLORADO ) atue'.- I'' `4"`"Y'
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COUNTY OF WELD ) Ci ol'`
The foi egOing instrument was an nowledged before me this /41 day of 'LLt.O
19 434/ by /27L7.(L� ti. i •. Od M
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STATE OP COLORADO ) t '
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The foresail& instrument was acknowledged before me this >} Y
19 '/y by 1o/vJ 0.4M, Al, r4 /✓c 1:es/P tilt/ ,:rzCciilIu , L Ls
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Hy Coimnlss ion Expires: / //d'�9i .
Notary Public
It is hereby agreed thy, this agreement shall be a cove At running with said
lands, and that this agreement shall be binding upon all parties hereto, their
heirs, successors and/or assigns. t-727,/f(129/
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ED L. MYERS L A MYERS
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CI L E. FINNEC s) �J �7 ) VALERIE K, FINNEGAN
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STATE OP COLORADO ) ®JY4.(d., 1'6 as.x---
COUNTY OF WELD ) nn C-1eit)121/. (II( '''1 ri
The foregoing instrument was acknowledged before me this /i day of C1p+'1'
194E by / ) JA / 6A1-1„dd J_
My Commission Expires: _ltr[.1 l9<Id.
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STATE OF (td/0;ta t+U ) Ir.), �`
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The foregoing i99etrumen''[//ppae acknowledged before me this ? 14 •• 4. b(..s/lian ._
19 9'/ by I Ai, 0 a -f� --- "° em.
My Commission Expires: /c2//8/97 - <_ )a t/ (4 t!/ "
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Notary Public /aa I
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STATE OF La(dna n ) ke'<e.•' - 9),
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The foregoing instrument was acknowledged before me this . - J,i t
199i/by 1d ( - /y/ge,w (1nd )aaa /47,7e zz) w t, t, sp'
'4'g. Amos°
My Commission Expires: /a/�'/ill 7 _e 1t ‘ }�l.ja47
Notary Public
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STATE OP ( 'ri/J4c,t, ) ,t>TAMY 1'
sa a a
COUNTY OF (4././(o/ )
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9e 4/bybing instrument vas minaagknowledged before mt this a " ��q 19 9t'by CIA? dad) E Fr/„t�ai� <t"� /Ale rat
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Hy Commission Expires* /01 /rf/�'y C C v
Notary Pu 1. co 1,
STATE OF (d 7044/O(o ) ft
^ COUNTY OF '&le/L, ) s a St //7'm .
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The foregoin instrument wps,�acknow/ledged Ler.ore me thig�y •+ aeetec
19 9v by ✓//,/�¢'ka Kali Lietivt<Loc.( n,ic/1//../9 rj.1wa�tQ\�Otawtg' �//
My Commission Expires: / 7 `7 '1L LA. ,,L eisae
2 Notary Public
AGREEMENT
This agreement entered into this ,g/ day of March, 1994, between
John Orth and Marilyn J. Orth (Orths), 'f d L. Myers and Leona Myers (Myers),
Charles E. Finnegan and Valerie K. Finnegan (Finnegans) and John Karl
Wal.kusch and Denise Lenore Walkuach (Walkusch);
WHEREAS, Orths are the owners of property described as:
Lot B of Amended Recorded Exemption No. 0805-18-3-RE 825, recorded November
29, 1990 in Book 1283 under Reception No. 2234328, Weld County Records, and
located in the Southwest Quarter (SW1) of Section Eighteen (18), Township
Six (6) North, Range Sixty-aix (66) West of the 6th P.M., County of Weld,
State of Colorado.
WHEREAS, Myers are the owners of property described as:
A tract of land located in the Southwest Quarter (SW14) of Section Eighteen
(18), Township Six (6) North, Range Sixty.six (66) West of the 6th P.M.,
County of Weld, State of Colorado, being more particularly described as
follows:
Commencing at the South Quarter Corner (Si4 Cor) of said Section 18 and
considering the East Line of said Southwest Quarter (SW1) to bear North 02°
48' 32" East with ell other bearings contained herein being relative thereto;
thence North 02° 48' 32" East, 34.01 feet to a point on the North Line of
Colorado State Highway 392; thence South 89° 57" 30" West, 271.66 feet along
said North Line; thence North 02° 48' 32" East, 490.27 feet; thence North 08°
56' 14" West, 179.90 feet; thence North 86° 52' 52" East, 309.61 feet to a
point on the East Line of said Southwest Quarter (SW1); thence South 02° 48'
32" West, 684.87 feet to the True Point of Beginning.
WHEREAS, Finnegans ore the owners of property described as:
Lot A of 2nd Amended Recorded Exemption No. 0805-18-3-RE 825, recorded March
3, 1994 in Book 1429 under Reception No. 2376415, Weld County Records, and
located in the Southwest Quarter (SW14) of Section Eighteen (18), Township
Six (6) North, Range Sixty-six (66) West of the 6th P.M., County of Weld,
State of Colorado.
WHEREAS, Walkuschs are the purchasers of property described as:
A tract of land being a part of Lot A of Amended Recorded Exemption No.
0805-18-3-RE 825, recorded November 29, 1990 in Book 1283 under Reception No.
2234328, Weld County Records, and located in the Southwest Quarter (SW/) of
Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of
the 6th PM., County of Weld, State of Colorado, and being more particularly
describedlas follows:
Commencing at the South Quarter Corner (S/ Cor) of said Section 18 and
considering the East Line of said Section 18 to bear North 02° 48' 32" East,
with all other hearings contained herein relative thereto; thence North 02°
48' 32" East, 718.88 feet along the East Line to the True Point of Beginning;
thence South 86° 52' 52" West, 347.84 feet; thence North 02° 19' 32" East,
334.73 feet; thence North 88° 58' 52" East, 343.73 feet to the East Line of
the Southwest Quarter (5W$) of said Section 18; thence South 03° 48' 32"
West, 321.74 feet along said East Line to the True Point of Beginning. Being
described as Subdivision Exemption No. 485 as per the plat recorded March 3,
1994 in Book 1429 under Reception No, 2376416, Weld County Records.
WHEREAS, on the plats recorded March 3, 1994 in Book 1429 under Reception
Nos. 2376415 and 2376416, there is shown a 30 foot access easement extending
from Colorado State Highway 392 first in a Northerly direction, then in an
Easterly direction.
AND WHEREAS, the Parties hereto desire to provide for joint use and
maintenance of said access easement;
NOW THEREFORE, all Parties hereby agree that said access easement shall be
usd andith all the ts of beesharedmequally between said l parties,wand all future sowners mofn the a nce to
aintaid on an above
�., described lands.
1
Chris Gathman
From: Colleen walkusch [colleennca@yahoo.comj
Sent: Wednesday, October 20, 2010 10:49 AM
To: Chris Gathman
Cc: walkusch@aol.com
Subject: RE: Walkusch Trucking
Hi Chris,
Sorry it took so long for me to get back to you. I will not be closing the auto repair
business USR -1428 it stays the way it is currently. It is hard to determine when the assets
will be sold. I did sell a trailer last week and continue to advertise what I have left.
Thank you,
John Walkusch
--- On Thu, 9/23/10, Chris Gathman <cgathman(a)co.weld.co.us> wrote:
From: Chris Gathman <cgathman(alco.weld.co.us>
Subject: RE: Walkusch Trucking
To: "Colleen walkusch" <colleennca(1yahoo.com>
Date: Thursday, September 23, 2010, 6:51 AM
John,
I hate to ask you for additional information (given the circumstances) but I have
reviewed your letter and I am going to need some additional information/clarification:
1) Because this is a violation we need a timeframe as to when the equipment will be
sold/removed from the property.
2) You indicate you will be selling all of your assets. Does this apply strictly to
your trucking component or are you also including your repair business that was originally
approved under USR-1428?
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
Original Message
From: Colleen walkusch [mailto:colleennca(dyahoo.com
<htto://console.mxlogic.com/redir/?2-
e76zAQsL8LCSmkTXzD4Po0dKDaShhjsUjUJFeJunNmSbHlFVatiHlff UgJEabgjHnBPt-iLuZXTLuVKVKR1P -
1
• • ► s42 •!o`/
Chris Gathman
From: Chris Gathman
Sent: Thursday, September 23, 2010 6:51 AM
To: 'Colleen walkusch'
Subject: RE: Walkusch Trucking
John,
I hate to ask you for additional information (given the circumstances) but I have reviewed
your letter and I am going to need some additional information/clarification:
1) Because this is a violation we need a timeframe as to when the equipment will be
sold/removed from the property.
2) You indicate you will be selling all of your assets. Does this apply strictly to your
trucking component or are you also including your repair business that was originally
approved under USR-1428?
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
Original Message
From: Colleen walkusch [mailto:colleennca@yahoo.com]
Sent: Wednesday, September 22, 2010 4:20 PM
To: Chris Gathman
Subject: Fw: Walkusch Trucking
Please see attached letter from Walkusch Trucking per your request.
Thank you,
John Walkusch
12439 Hwy 392
Greeley, CO 80631
1
MEMORANDUM
To: Clerk to the Board November 16, 2010
s I \I From: Chris Gathman, l 4 At...,„
Planner Ill, Department of Planning Services
COLORADO Subject: Walkusch USR-1428
Please see the following timeline of events:
July 2, 2010 Letter sent to Mr. Walkusch from Tom Parko, Department of Planning Services
July 23, 2010 Pre-Application meeting held with Mr. Walkusch
August 10, 2010 Phone call from surrounding property owner
September 21, 2010 Letter received from Mr. Walkusch
September 22, 2010 E-mail sent to Mr. Walkusch from Mr. Gathman
October 20, 2010 E-mail response sent from Mr. Walkusch to Mr. Gathman
November 4, 2010 Phone call from surrounding property owner
November 10, 2010 Probable Cause Hearing Notification sent
Staff Recommendation:
Staff recommends the following:
1) Sell or remove trucks associated with the trucking business within 90 days.
2)All other vehicles/equipment associated with the vehicle repair business associated with USR-1428 shall be
located within the boundary of USR-1428 as defined on the recorded USR-1428 plat within 60-days.
3) Upon sale/removal and relocation of vehicles and equipment—an inspection shall be scheduled with the
Department of Planning Services to verify site is in compliance with USR-1428.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
4 . • •
WALKUSCH TRUCKING, INC.
12439 Hwy 392
Greeley, CO 80631
September 21, 2010
Weld County Building & Planning
Attn: Chris Gathman
1555 N. 17th Avenue
Greeley, CO 80631
RE: Walkusch Trucking, Inc., 12439 Hwy 392, Greeley, Co
Dear Mr. Gathman:
Please be advised I am writing this letter to Weld County Building and Planning due to
the complaint lodged by my neighbor, Carol Kunz.
I have taken great thought in your requests and changes that need to be made to the above
referenced property. I can honestly say that I have done everything in my power to make
ends meet over the last year due to the economic downturn and it has had a huge effect on
my financial situation. I am about a $200,000. down over last year sales and most of the
employees that I retain have been on unemployment for the majority of the year. My
wife lost her job in April of this year because her employer of over 20+ years decided to
close his business. 1 have in previous years complied with what was requested of me by
Weld County and spent over $30,000. dollars plus making the necessary improvements. I
was requested to build a fence, have the land surveyed by King and comply with the
necessary paperwork.
I do not have the funds to comply with your most recent requests and to avoid further
brain damage and mental frustration with your requirements; I have decided to put
everything that I own up for sale. Even with my income not what it used to be I still need
to have license plates, insurance, maintenance, unemployment and other State and
Federal taxes with no income being generated. I have no other choice at this time but to
put all of my current assets up for sale. This will not only affect me but all of the
individuals that I support for parts, diesel fuel, employees, insurance, and accounting
companies.
• •
Page Two
Weld County
I would have hoped that we could have reached an agreement that would have been
feasible for all, but I realize that just isn't going to happen and I can't make myself sick
worrying about these issues anymore. My health is more important to me than that.
Respectfully yours,
John Walkusch
F, IL gC
(��/ 1\
ittavii‘n MEMORANDUM
WC DATE: PA10-062; ase File,July pre-application
23, 2010
COLORADO
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting prior to submitting
An Amendment to USR-1428
Attendees:
John Walkusch, Applicant
Don Carroll, Public Works
Lauren Light, Environmental Health
Ken Swanson, Building
Chris Gathman, Planning
Kris Ranslem, Planning
On Friday, July 23, 2010 an informal discussion took place at the Greeley Administrative Offices
Conference Room regarding an existing staying area for trucks. (The legal description is Part of
the SW4 of Section 18, T6N, R66W of the 6th P.M.; Situs Address is 12439 Hwy 392)
Background Information:
Under USR-1428, the applicant is permitted to operate a repair service for agricultural equipment.
The applicant also operates a trucking business which hauls, dirt, sand, and gravel and keeps his
trucks parked on the property overnight. The applicant indicated that this trucking business was in
operation at the time of approval for USR-1428; however according to the case file, the request did
not include the staging of trucks nor outside employees to drive the trucks on this property.
Building Department
If the applicant plans to build any structures or buildings, application for building permits will need to
be submitted.
Health Department
The applicant indicated that the trucking business operates less than six (6) months and provided
portable toilets currently. Staff stated that if the business is operated less than six months, the
portable toilets are acceptable.
Public Works
A Site Map identifying the parking area and circulation will need to be provided.
Documentation on the private easement must be submitted.
Access to the site is from State Highway 392 which is under CDOT jurisdiction.
No traffic study is required; however staff suggested that the applicant talk to Janet Carter, Traffic
Engineer for Public Works at 970-304-6496 extension 3726 for any concerns.
No Drainage Report is required; however the applicant shall provide a short description of the
historic stormwater flows across the property and how their application will affect those flows. The
description shall include but not be limited to: 1) where the water originates if it flows onto the
property from an offsite source, 2)where it flows to as it leaves the property, 3)the direction of flow
across the property, and 4) if there have been previous drainage problems with the property. The
application shall also provide flow arrows on the map showing where the stormwater starts, how it
goes across the property, and where it leaves the property. The applicant will still be responsible for
providing a water quality feature that conforms to the methodology outlined in Volume 3, Section
4.4.2 of the Urban Storm Drainage Criteria manual.
Planning Department
Staff stated that the biggest concern seems to be regarding the private easement. Typically, the
applicant needs to receive approval for the use of the easement for the trucking business from
adjacent landowners; however the applicant stated that this business was operating during his repair
service business. Staff stated that they will talk to Weld County Attorney to see if approval is still
required.
Upon recent determination from Weld County Attorney, the USR boundary will need to meet the
entire property boundary. The applicant expressed concern over enlarging the USR boundary to
meet the property boundary as the property taxes will increase. Staff stated that they will seek
clarification on that issue.
Staff indicated that Mr. Walkusch would have 60 days (by September 23rd) to submit his USR
application to address the trucking component of the business and the expansion of the USR
boundary.
Staff urged the applicant to contact staff for any questions:
Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m.
Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness
review. After the 7 day completeness review the applicant will be informed of what items are still
required to make the application complete. Staff requested that the applicant submit the remaining
material in electronic form. Upon submittal of a completed application it will be sent out for referral
for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as
many of the referrals as possible. At that meeting the Planning Commission hearing will be
scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks
after the Planning Commission hearing.
The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the
above notes may not identify all issues, even major ones that may be raised during the formal review of your
application. The information contained herein has been placed on file with the Department of Planning
Services.
End memorandum.
riOMIC /O
WELD COUNTY
PRE-APPLICATION REVIEW REQUEST
• The pre-application request is the preliminary review of a land use proposal. Pre-application reviews
are required prior to beginning the application process; however, this review is not an application.
• Pre-application reviews are held with the Weld County Departments of Public Works and the Public
Health and Environment. Pre-application reviews are held Thursday and Friday of any given week in
the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must
be received one week prior to the review date, and shall include at a minimum, a description of the
property including surrounding lands and land uses, property owners name and contact information a
brief narrative and a map delineating the property location, in addition to the other items listed.
• The Property Information required below can be found on the Weld County Assessor website at
www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application
review request.
• Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of
one week prior to your preferred meeting date.
• Submitting your request in a timely manner is important to get your project scheduled for review.
Contact In-foorrmation�:/
Name: \JEAN zenixpst?
Phone: 970 It/, Lj r / Fax: KO/i
CE
Email: Wilk:-lgt?S elfre„ CC'S?
Address: /2,x13? Ain 32_ $RA g063/
Project Description: VAMfNb (;uKCPOr U_J7>t' NU41147
Property Information: ,�,__//// /
Section-Township - ft — 6 ,vcgi l - 6� YI�LS& Zoning
Range
Parcel Number t,SO J/SOON`/7 Acreage 2 , g
Site Address /,//:2_-)T IJw 392 Water Source H E,p7b
Legal Description Sewer SE h.(
Owner Name l4%. yUtz,
I-izoafd.t= ,,
Is this property currently in violation? Yes_ \ No--r _Case Number S l -
Preferred date and time for meeting:
Office-Usee"Only s n"* ' 'oS ' .. . d „r `M,' tie
utProjectF tle ems- a a- ' din, Fs �'r ,r. i+ ai. ' r
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Wit. ga ` '4 i %'e., s.5 e, 4_ '" t m ,: a?n.e'_R:r4c -
Weld County Department of Planning Services
Greeley Office—
1555 N 17th Ave, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Walkusch USR Amendment
*Narrative*
I received a letter from the Department of Planning Services concerning my business located at
12439 Hwy 392. The letter alleges that I am operating outside my current USR boundary and
depicted on USR-1428. I would like to amend the USR boundary to incorporate business
operations to the north of the property as depicted on the aerial.
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Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0326994 Parcel#: 080518000044
Tax Area: 0430 Bordering County:
Acres: 2.59
Township Range Section Quart.Sec. Subdiv_ison Name Block# Lot#
06 - 66 - 18 - 0 - -
Owners Name &Address: Property Address:
WALKUSCH JOHN KARL& Street: 12439 392 HWY
12439 HWY 392 City: WELD
GREELEY, CO 80631
Additional Owners:
WALKUSCH DENISE LENORE
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
3/11/1994 $145,000 WD 02378082
Legal Description
17846-E PT SW4 18 6 66 BEG S4 COR SEC NO2D48'E 718.88'TO TRUE POB 586D52'W 347.84' NO3D19'E 334.73' N88D58'E
343.73'TO E LN SW4 SO2D48'W 321.74'TO POB SUB EXEMPT SE-485 12439 392 HWY WELD 00000
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Commercial 2130 Acres 0.539
Residential 1112 Acres 2.051
Land Subtotal: 2.59 $103,600 $12,780
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
1 Residential
2 Out Building
3 Commercial
4 Out Building
5 Out Building
Improvements Subtotal: $127,025 $12,000
Total Property Value $230,625 $24,780
Building Details
Account#: R0326994 Parcel#: 080518000044
Owners Name &Address: Property-Address:
WALKUSCH JOHN KARL& Street: 12439 392 HWY
12439 HWY 392 City: WELD
GREELEY, CO 80631
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=08051... 7/15/2010
Identify Results Page 2 of 3
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1929
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1116
# of Baths: 2 Roof Type:
# of Bdrms: 4 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 5 Units: 0
Garage:
Attached SQ Ft: 0 Detached SQ Ft: 0
Basement:
Total SQ Ft: 1116 Finished SQ Ft: 1116
Account#: R0326994 Parcel#: 080518000044
Owners Name&Address: Property Address:
WALKUSCH JOHN KARL& Street: 12439 392 HWY
12439 HWY 392 City: WELD
GREELEY, CO 80631
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1930
Exterior: Wood Frame Siding HVAC: None
Interior Finish: Built As SQ Ft: 264
# of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
it of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R0326994 Parcel#: 080518000044
Owners Name&Address: Property Address_
WALKUSCH JOHN KARL& Street: 12439 392 HWY
12439 HWY 392 City: WELD
GREELEY, CO 80631
Building# Property Ty/fie
3 Commercial
Individual Built As Detail
Built As: Light Commercial Utility Year Built: 1960
Exterior: HVAC: Space Heater
Interior Finish: Built As SQ Ft: 3600
# of Baths: 0 Roof Type: Gable
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
http://maps2.merrick.com/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=08051... 7/15/2010
Identify Results Page 3 of 3
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:.
Total SQ Ft: Finished SQ Ft:
Account#: R0326994 Parcel#: 080518000044
Owners Name &Address: Property Address:
WALKUSCH JOHN KARL& Street: 12439 392 HWY
12439 HWY 392 City: WELD
GREELEY, CO 80631
Building# Property Type
4 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1953
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1224
# of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R0326994 Parcel#: 080518000044
Owners Name&Address: Property Address:
WALKUSCH JOHN KARL& Street: 12439 392 HWY
12439 HWY 392 City: WELD
GREELEY, CO 80631
Building# Property Type
5 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1995
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 648
# of Baths: 0 Roof Type: Gable
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:.
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=08051... 7/15/2010
a
rit
DEPARTMENT OF PLANNING SERVICES
www.co.weld.co.us
liD
E-mail Address: tparkona.co.weld.co.us
Greeley, CO 80631
le 1555 North17th Avenue,111 Fax (9 O) 354 6400
Phone (970) 353-6100
COLORADO
July 2, 2010
John K. Walkusch
12439 Hwy 392
Greeley, Colorado 80631
Subject: USR-1428. Legal: part of Subdivision Exemption No.485 located in the SW 1/4; S18;
TN6N; R66W of the 6`° PM.
Dear Mr. Walkusch:
Notice is hereby given that the property listed above, is not in compliance with USR-1428 (Special
Use Permit). All conditions of the original permit must be in compliance by July 16, 2010 or a
Probable Cause public hearing,pursuant Chapter 23,Article II(2), Division 4, Section 23-2-270 of
the Weld County Code, will be scheduled.
If the Probable Cause Hearing is scheduled,the purpose of this public hearing will be to review case
number USR-1428, for compliance with the Development Standards, as approved by the Board of
County Commissioners on April 7, 2004,to determine if probable cause exists to hold a hearing on
revocation of the permits.
Inspections by representatives of this office have determined that you are not in compliance with the
original permitted use under USR-1428 which is for the following:
• USR 1428 is a site specific development plan and use by special review for a use
permitted as a use-by-right,an accessory use,or Use by Special Review(USR)in the
commercial or industrial zone districts(repair work on heavy duty trucks and farm
equipment) in the A (Agricultural) zone district.
•Development Standards #3 & #4: Outside fenced area and operating outside specific
USR area.
It appears that a trucking company is in operation on the site,which is not stipulated in the Board of
County Commissioners approved USR. In addition, there appears to be additional parking of
SERVICE,TEAMWORK,IN TEGRITY,QUALITY
vehicles outside the USR boundary located on the north end of the property. In order to come into
compliance with code the trucking company will require an amendment to USR-1428.At such time
the USR boundary will be amended to encompass the entire property.
If it is determined at the public hearing that there is probable cause that you are not in compliance
with USR-1428,the Board of County Commissioners will schedule a Show Cause public hearing to
consider revocation of the Use by Special Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have any
questions regarding this letter, or if you need any further information,please feel free to contact me
at the above address, telephone number or e-mail address. If you wish to see me personally, please
call-tc sclieed e an appointment so that I may reserve a sufficient amount of time with you.
/ Sincerely,
I
i
/ .
/
Tom Parko
Planning Manager
cc: Bethany Salzman
Code Compliance Officer
File: USR 1428
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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