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Home My WebLink About20110457.tiff t I i ii CORRESPONDENCE RESPONSE DEPARTMENT OF -PI nq - Tr>w Yo,ASo * * * PLEASE RESPOND WITHIN THREE DAYS ** * IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY "CTB GROUP" BY E-MAIL OF EXPECTED DATE FOR RESPONSE. RECOMMENDED ACTION: Narrative: ( ,� ' rift IVC:1-16 cf(PO 'JO( I kibi An I f q Yt'tttwj fcY " - v c cq I vent PiturA,S trtitt .S ub \i(c(61 METHOD OF RESPONSE: Board Action G/ Work Session L, Letter Telephone Call No Response (explain) Depa ent Head Signature BOARD ACTION: (INITIAL BY SC WG BK DL DR APPROVAL) AGREE WITH RECOMMENDATION - WORK SESSION - '57 ,,rya G ' o,S 2011-0457 o; 1�-1 -It 1 8 6 1 2 0 1 I OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-336-7204 FAX: 970-352-0242 915 10TH STREET WELD�COUNTY P.O. BOX 758 !� GREELEY, COLORADO 80632 February 7, 2011 Nels Nelson 8126 Colorado Highway 14 Fort Collins, Colorado 80524 Subject: Accessory to the Farm Certifications Dear Mr. Nelson: Please accept this letter as a response from the entire Board of County Commissioners regarding your letter dated January 15,2011,concerning"Accessory to the Farm Certifications". In your letter you inquired about the necessity of the"Accessory to the Farm Certification"and questioned the value of the information being collected by our Planning Department. The Board of County Commissioners(BOCC)appreciates hearing from residents and attempts to review all inquiries to evaluate if county rules or processes still work or need to be modified. The BOCC met in a work session, along with Planning Department staff, to discuss your letter on Monday,January 31, 2011. The conclusion of the work session was that annual certifications are necessary to validate the continued use of mobile homes that are otherwise not allowed per the Weld County Code. Each year, the renewal process identifies mobile homes that are not being used for their intended use, staff works with these applicants to either validate their use or to remove the mobile home. The BOCC did; however, agree with you that the form could be modified and made easier to use. Staff will be reviewing the form, and at a minimum, be removing the requirement of a notary for future renewals. Hopefully,the modifications implemented by staff will make future renewals less onerous for you and other residents. We wish you the best of luck with your endeavors. Sincerely, arbara Kirkmeyer Chair Board of County Commissioners — Nels Nelson 8126Hwy14 Fort Collins, CO 80524 18 January 15, 2010 Mr. David Long Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley CO 80632-0758 RE: Accessory to Farm Certifications I wrote to you in December about this matter, but I have not heard anything back from you concerning this issue. I know that it is easier to ignore constituents, but I do think this issue needs to be addressed. Every year the planning department sends out an accessory to the farm certification form. Every year I fill out the same information. Every year my neighbors get one of these, and they fill them out too. These forms are a nuisance. These forms treat us farmers as if we are criminals. You require sworn testimony and a notarized statement. I don't even recall that to get the permit in the first place required a sworn affidavit. In this case, I really don't see the need for the paperwork. The fact is that for years the program operated effectively with just the initial investigation, without annual report forms. I would urge the commissioners to repeal this oppressive, unnecessary law. It takes time to fill out the form, and then find a notary, and then pay the notary. Then the county files it. It sits in a file and no one ever will look at until they have a problem. Then the county still has to go investigate before solving the problem. The form is useless. Nels Nelson Sec. 23-4-140. Mobile homes permitted in the A Zone District. MOBILE HOMES/MANUFACTURED STRUCTURES are allowed in the A (Agricultural) Zone District for the USES listed below in Sections 23-4-150, 23-4-160, 23-4-170, 23-4-180, 23-4-190, 23-4-200 and 23-4-220, upon the issuance of the appropriate zoning or BUILDING permits according to the following requirements: All temporarily permitted MOBILE HOMES/MANUFACTURED STRUCTURES shall be blocked and tied pursuant to the requirements of Chapter 29 of this Code. Upon determination of the Department of Planning Services, the Zoning Permit shall not be transferable by the applicant and/or owner to any successor; the Zoning Permit shall terminate automatically upon conveyance or lease of the property. The MOBILE HOME/MANUFACTURED STRUCTURE shall be removed from the property or a new Zoning Permit shall be applied for and approved. (Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10) Sec. 23-4-170. Temporary accessory farm use. A. A zoning permit for the TEMPORARY use of one (1) MOBILE HOME for an ACCESSORY farm USE, on a lot in the A (Agricultural) Zone District, in addition to a principle dwelling unit, may be issued by the Department of Planning Services upon determination that: 1. The MOBILE HOME will be occupied by persons principally employed at or principally engaged in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of the MOBILE HOME shall be established and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant or property owner on the anniversary of the permit's issuance for review and acceptance by the Department of Planning Services verifying that the MOBILE HOME occupant is principally employed at or engaged in the farming operation on the subject property. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the MOBILE HOME for TEMPORARY ACCESSORY farm USE. 2. The MOBILE HOME is necessary for the effective and economic operation of the USE and/or protection of the agricultural USE. 3. The MOBILE HOME will not be used as an income source by the applicant for rental to persons who are not principally employed upon the LOT. 4. Adequate water and sewage disposal facilities are available to the MOBILE HOME. 5. The MOBILE HOME is not the first DWELLING UNIT on the parcel of land. Where the MOBILE HOME will be the first DWELLING UNIT on a parcel of land, the MOBILE HOME request shall follow the application procedures under the provisions of Section 23-4-200 below. 6. The applicant must obtain a BUILDING permit for the MOBILE HOME and comply with all installation standards of Chapter 29 of this Code. B. The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditions of Paragraphs A.1 through A.6 above are met, upon information contained in the permit application, and upon independent evidence as may be available or which the staff may reasonably require. C. A zoning permit for more than one (1) MOBILE HOME in the A (Agricultural) Zone District as an ACCESSORY farm USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.6 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 below, the zoning permit may be issued only upon approval by the Board of County Commissioners. The Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.6 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILE HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MOBILE HOMES as ACCESSORY farm USES are TEMPORARY. Allowance of the MOBILE HOME shall be extended only if the USE continues to be in conformance with the criteria set out in Paragraph A.1 above. The MOBILE HOME shall be removed from the property upon the cessation of the USE of the MOBILE HOME as an ACCESSORY farm USE or at any such time as the MOBILE HOME is used for other than the allowed USE. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Hello