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HomeMy WebLinkAbout790025.tiff RESOLUTION RE: DENIAL OF CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO C-COMMERCIAL DISTRICT FOR CHARLES RYBERG, 17343 WELD COUNTY ROAD #6, BRIGHTON, COLORADO 80601. 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, a public hearing was held on the 21st day of Feb- ruary, 1979 at 2 :00 o 'clock p.m. for the purpose of hearing the petition of Charles Ryberg, 17343 Weld County Road #6 , Brighton, Colorado 80601, requesting a change of zone from A-Agricultural District to C-Commercial District for the following described parcel of land, to wit: A tract of land located in the Southeast Quarter of Section 24, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows: Contencing at the Southeast Corner of said Section 24 and considering the South line of said Section 24 to bear North 89°37'15" West and with all other bearings contained herein relative thereto: Thence North 89°37'15" West along the South line of said Section 24, 956.62 feet to the True Point of Begin- ning. Thence continuing North 89°37'15" West along the South line of said Section 24, 225.73 feet; Thence North 00°28'30" East along the West line of the parcel of land described in Reception No. 1627411, Weld County Records, a distance of 578.92 feet; Thence South 89°37'15" East, 225.73 feet; Thence South 00°28'30" West, 578.92 feet to the True Point of Beginning: Said tract of land contains 3.00 Acres and includes a 30' strip of land along the Southerly line for Weld County Road No. 6. WHEREAS, the petitioner was present, and WHEREAS, Section 8. 2 and 8. 3 of the Weld County Zoning Resolution authorizes the Board of County Commissioners to grant a change of zone upon the showing by the petitioner of certain facts , and WHEREAS, the Board of County Commissioners heard the testi- mony and statements of those present and has studied the recom- mendations of the Weld County Planning Commission for denial of the proposed change of zone , and 790025 WHEREAS, the Board of County Commissioners finds that the petitioner has not clearly shown that either the original zoning was faulty or that changing conditions in the area justify a new classification. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the petition of Charles Ryberg for a change of zone from A-Agricultural District to C-Com- mercial District on the abovedescribed tract of land be, and hereby is, denied. BE IT FURTHER RESOLVED by the Board -that the reasons for denial and findings of fact contained in the Weld County Planning Commission recommendations in this matter dated December 19 , 1978 be, and hereby are, incorporated as the findings of fact and conclusions of law of the Board of County Commissioners in this matter as if fully set forth herein. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COLORADO .4-z://;..d ��,/./���u.� ATTEST: /�Itu. ua. � /a w�IF CAAUW Y.co✓ 4 �-1,• - -r 1, (``, U Weld County Clerk and Recorder ,end Clerk to the Board Deputy County Clerk AP'PRO7D AS TO FORM:QN<71_ _ "County Attorney DATE PRESENTED: FEBRUARY 26, 1979 A public hearing was conducted on February 21 , 1979 at 2 : 00 P. M. , with the following present: NORMAN CARLSON CHAIRMAN LYDIA DUNBAR COMMISSIONER BILL KIRBY COMMISSIONER LEONARD ROE COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Jeannette Ordway ASSISTANT COUNTY ATTORNEY , R. Russell Anson PLANNING DEPARTMENT REPRESENTATIVE , Tom Honn The following business was transacted: 1 • I hereby certify that pursuant to a notice dated January 15 , 1979 , duly published January 18 , 1979 and February 8 , 1979 in the Johnstown Breeze, a public hearing was held on the request of Charles Ryberg for a Change of Zone (A-Agricultural District to C-Commercial District) ( The applicant represented by Joe Hellewell , Legal Counsel , and Mr. Ryberg were present for the hearing. The Board receivedevidenced and testimony from the applicant and his legal counsel . Tom Honn, Zoning Administrator, presented the Planning Commission' s recommendation for denial on this Change of Zone. Several adjacent land owners voiced thier objections to this request. After discussion, Commissioner Kirby made a motion to postpone this COZ request for one month in order to allow the Planning Staff an opportunity to find a solution to allow Mr. Ryberg to continue his operation on this site without a change of zone. Commissioner Dunbar seconded the motion. The motion failed by the following vote : Commissioners Dunbar and Kirby voted yea, Commissioners Roe, Steinmark, and Chairman Carlson voted nay. Commissioner Steinmark made a motion to deny the Change of Zone request being in agreement with the Planning Commissions findings as follows : The original zoning was not faulty and the conditions of the area have not changed. Commissioner Roe seconded the motion and the motion carried unanimously. Mr. Honn stated he would continue to work with Mr. Ryberg regarding this matter. CHAIRMAN BOARD OF COUNTY COMMISSIONERS ��`F WELD COUNTY, COLORADO ATTEST: _} L. %;J2F M1: WELD COUNTY CLERK AND RECORDER A i _ RK TO THE BOARD BY : �ep .ty County Cle ' �•' ET # 79-3 TAPE # 79-17 f LHR# / (' AFFIDAVIT OF PUBLICATION P81Elaplwges THE JOHNSTOWN BREEZE wo9'ttl� STATE OF COLORADO ) pm�auau . ) SS. thegtateot o° unwpellil- COUNTY OF WELD ) 'hearing wil Laws_D balnth°s I, Eugene Thomas, do solemnly swear Chambersofthe ` Of County that I am publisher of The Johnstown colerade g °f csiirata{ Breeze; that the same is a weekly cotter, the Coloradoad thet, Greeley, newspaper printed,in whole or in part,and published in the County of Weld, State of ofed.AU �°one are to awe= Colorado, and has a general circulation aM maybeh therein; that said newspaper has been BE IT ALSO 107 that the published continuously and uninterrupted- fa��and*gavot* d by the County Plannin omm4sslon ly in said County of Weld for a period of O(tl more than fifty-two consecutive -weeks °Q�.(�t°natgy'° ,loc�1n prior to the firsi publication of the annexed titre' dt, pig°refl. -legal notice or advertisement; that said Greeley,Od newspaper has been admitted to the DocketNo, -a United States mails as second-class matter Chart._s Ryberg under the provisions of the Act of March 3, 17848 Weld County R.md N 1879,or any amendments thereof,and that Brighton,CO 80001 Date: Februarruary y n; 19w said newspaper is a weekly newspaper rate: duly qualified for publishing legal notices and advertisements within the meaning of AReercl1oast: ChanB a of Zone the laws of the State of Colorado. erclal°District)tural District to c-Com That the annexed legal notice or LEGAL DESCRIPTION: advertisement was published in the A tract of u land 'anted in 9°4 regular and entire issue of every number of •rownshhippSoutheast'1Noothr of Section nh,Bang8e8West said weekly newspaper for the period of of the 6th Principal Meridian, Ward County,Colorado and terns ....Da._6 e insertions; and that the follows. more o nt ,Colo described b as Commencing at The Southeast first publication of said notice was in the Corner of said Seaton 24 and considering the South line of said issue of said newspaper dated..' Section 94 To bear North 8e degrees 87' 1a" West and with all other bearings contained relative A.D. 19 71 , and that the last publication thereto:Thence 89 dues of said notice -was in the issue of said 87.16' west along South line of said Section 9! ➢88 feet to the u Th Pdnt of Beginning Thence newspaper dated. 47 ,A.D. 19 if continuing North e9 grees 87' 15" west at the Solidi line of In witness whereof I have hereunto set said Section degrees feet. i parcel l oonfk the -des ne of tie my hand this �f�x day of.... , Itee 01tion land 1e�411b°Weld A.D. 19.7..`/... Coca Records, a dlSouth 89 6e teen Eas, South 89 degrees a7•.ia" East,e996.76 feet} Thence South 00 degrees ees 28' Bent West,678.99 feet to the Las yl�`k �u'Ynn,�L of to Beginning: Said tract lofu-land .✓A contains BOOof les and includesa Publisher. 30' strip of land.along the SoutherRoad Nty Lae for Weld County Subscribed and sworn to before me. a THE BOARD COOMMMGF ISSSIONERS Notary Public in and for the County of WELD COUNTY,COLORADO C.>//N -- Weld,MARY ANNF�ENUTEqRSTER1 Weld, jtate of Colorado, this /T day SAND ECORDERARAND of t7 X'r- A.D. 19.7,�... CLERK TOTEM BOARD // DATED: January 15,187'9 _,- S,/,71 K:2,:,/ ;Y.✓..x'c> PUBLISHED: January 18. 1979 Notary Public. Johnstown Breeze , 1979, in the Co. Legal 70.19-Clerk to Bd. -__ _ My commission expires // - /°- � NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 79-3 Charles Ryberg 17343 Weld County Road #6 Brighton, CO 80601 Date: February 21, 1979 Time: 2:00 P.M. Request: Change of Zone (A-Agricultural District to C-Commercial District) LEGAL DESCRIPTION: A tract of land located in the Southeast Quarter of Section 24, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 24 and considering the South line of said Section 24 to bear North 89°37'15" West and with all other bearings contained herein relative thereto: Thence North 89°37'15" West along the South line of said Section 24, 956.62 feet to the True Point of Beginning. Thence continuing North 89°37'15" West along the South line of said Section 24, 225.73 feet; Thence North 00°28'30" East along the West line of the parcel of land described in Reception No. 1627411, Weld County Records, a distance of 578.92 feet; Thence South 89°37'15" East, 225.73 feet; Thence South 00°28'30" West, 578.92 feet to the True Point of Beginning: Said tract of land contains 3.00 Acres and includes a 30' strip of land along the Southerly line for Weld County Road No. 6. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD DATED: January 15, 1979 PUBLISHED: January 18, 1979 and February 8. 1979, in the Johnstown Breeze I rain Ih�� OI I i1r,. ,I tireotey , (:olorado THE U1)AR11 OI' ( Iii) l'i ( t)FIh11 ;i.'LIONI:Ii; wl'.I,o ColIN1'Y , COL,UTAI)O January- 1a 19 ;9 " l`ubti :;hcr : I'1ea i n' I. Lie 1'11(: lonod nnl icc i n •;0111: i (•s-,nn Hu, weok of February 12, 1979, __ (i in Ilion only . 11 Iar11 i nil 1,71110111 , c('mpLeLC Fhr oncloon,l ',11•X11.'1 :111(1 forward i l- le u:. . Whim i rl iirn i n,) Hie voucher, include ;in all id.ivit oI Iniblicalion OF) wa may -1 complete our ti. km . 'I'1r,ink you Ior your ccolicrit on . Sin( ur(: Iy , '1'111: Ii(Ntl1 111' cor iT1' 1'ii5f1 SS I ONERS ( WELD Cm:HI Y , 1,:oLOli711)o � Ill' : nary Ann enot n Conn 1 y 1 1 ( 1 I: owl Recorder and Clerk to the Board Hy : I1cp0t.y Counl:),/ Clerk Enclosures Ir/I'I'I•; : Jain. y I.r>, N)79 'I'hr Ito.i i.-d of Conn l_y Cnumi i fir; i OM'? 1; Helrl county , Colorado FROM: Clerk to the hoard Office Colmninsio)ICI 1 I you havr- un objenfrmcria , wr. hive tent it ivr 1y tort. thr•. 101 lowing hear i ny for [lie 21st day, of February, 1979. CharleSRyberg COI, A to C Tom Scheinnan COZ, A to C City of Northglenn SUP, Wastewater treatment and storage Facility OFF Eat OF '[TIN CitIRK To THE BOARD `� !.A � � i i1 �(� _ Deputy The ahoy') m ntiened henrinq date and hearing_ time may be scheduled on the agenda ,as stalrrI above . HOARD OF COUNTY C'OMM1ss FOULPS tVELD COUNTY , COT ORAho 12. 1 ; BEFORE T WELD COUNTY, COLORADO PLANNING MMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date December 19 . 1978 Case No. Z# 314 : 78 : 18 APPLICATION OF Charles Ryberg ADDRESS 17343 Weld County Road 6 , Brighton , Colorado 80601 Moved by Fred Otis that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for rezoning from A (Agricultural District) to C ( Commercial District) covering the following described property in Vi el Count,;, Colorado, to-wit: See attached be recommend ( civa8 ) (unfavorably) to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that the applicant has not demonstrated compliance with Section 8 . 3 of the Weld County Zoning Resolution which states : "Request for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is necessary. Recent findings and oral statements by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classification . Without the presentation of such supporting documentation , the County Planning Commission should not recommend a change of zoning . " Motion seconded by: Jim Gilbert Vote: For Passage Jerry Kiefer Against Passage Chuck Carlson Ben Nix Jim Gilbert Fred Otis Bette Kountz The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Shirley A. Phillips , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 19 , 1978 and recorded in Book No. VI of the proceedings of the said Planning Commission. Dated the 20th day of December , 1978 . STATE OF COLORADO ss. COUNTY OF WELD � \ Filed with the Cl-rk of tyre Board of County (,on nmsol'❑ s Secretary DEC? l 1978 • • • rom:-r c.e,K nrvn neccxo-DepUty ok I_Ec,AL DESCRIPTI0Nr A tract of land located in the Southeast Quarter of Section �� Ra_n�e 66 West of the 6th Principal Meridian, Weld County, Colorado wand lbeing orth, more particularly described as follows: Commencing at the Southeast Corner of said Section 24 and considering the South line of said Section 24 to bear North 89°37' 15" West and with all other bearings contained herein relative thereto: Thence North 89°37' 15" West along the South line of said Section 24, 956.62 feet to the True Point of Beginning. Thence continuing North 89°37' 15" West along the South line of said Section 24, 225.73 feet; Thence North 00°28'30" East along the West line of the parcel of land, described in Reception No. 1627411 , Weld County Records, a distance of 578.92 feet; Thence South 89°37' 15" East, 225.73 feet; Thence South 00°28'30" West, 578.92 feet to the True Point of Beginning: Said tract of land contains 3.00 Acres and includes a 30' strip of land along the Southerly line for Weld County Road No. 6. Charles Ryberg Z-31.4 : 78 : 18 PLANNING COMMISSION RECOMMENDATION December 19, 1978 It is the opinion of the Planning Commission that the applicant has not demonstrated in the submitted application materials or in oral statements made at the scheduled Planning Commission meeting that either the original zoning was faulty or that changing conditions in the area now justify a new zoning classification . Section 8 . 3 of the Weld County Zoning Resolution also states : "The following arguments which are frequently presented are not sufficient grounds for rezoning : (1) "The area has no other practical use . " (2) "The proposed rezoning would allow the 'highest and best use of the land ' ; " ( 3) "A non-conforming use is located on the property ; " (4) "The area adjoinsland already zoned in this manner , " (5) "No one in the neighborhood objects ; " (6) "If the zoning is granted , we will agree to use it only for certain purposes ; " (7) "You haven ' t given us any reasons for not making the change . " Although each of the preceding arguments has some validity , no one argument alone is sufficient grounds for rezoning . " In reviewing the applicant ' s submitted application in regard to his reasons and/or arguments for the rezoning of the property , it is the opinion of the Planning Commission that the applicant has not set forth sufficient reasons for the rezoning request to be approved. In addition , Section 8 . 3 states : "There must be definite proof that the area requested for change has unique characteristics which distinguish it from surrounding lands and thus make its rezoning essential . " Again , it is the opinion of the Planning Commission that the applicant has not demonstrated that the property in question has unique characteristics which distinguishes it from surrounding lands . Further , Section 8 . 3 states : "Furthermore , once a change is made , the Planning Commission must recognize the precedent which is established, -both in the immediate area and in other parts of the county , for like rezoning of other lands "similarly situated . " Charles Nyberg Z-314 : 78 : 18 PLANNING COMMISSION RECOMMENDATION December 19, 1978 It is the opinion of the Planning Commission that the approval of this request would constitute "spot zoning. " The approval of this rezoning request would establish an undesirable precedent in the immediate area and other parts of the County "simiarly situated . " 2 . It is the opinion of the Planning Commission that the rezoning request does not comply with the policy contained in the Weld County Comprehensive Plan relating to commercial development in the unincorporated areas of the county . The policy found in the Weld County Comprehensive Plan which is utilized to guide commercial development of this nature states : "Commercial development will not he encouraged in the unincorporated areas of the county unless it can be shown by the developer that the proposed commercial use cannot reasonably be located in an urban area. " It is the opinion of the Planning Commission that the applicant has not demonstrated why the proposed commercial use cannot reasonably be located in an urban area. Comment : To date, our office has received 6 letters of opposition to this rezoning request from adjacent property owners or persons living within 500 feet of the applicant ' s property. (See let- ters in attached packet ) . X NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Ilse Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th. Street , Greeley, Colorado, at the time specified . All persons in any manner interested in the following proposed Change of Zone are requested to attend and may he heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may he examined in the Office of the Clerk to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 79-3 Date: February 21, 1979 Time: 2: 00 P.M. Request: Change of Zone (A-Agricultural District to C-Commercial District) LOCATION: • 17343 Weld County Road #6, approximately 1 mile north and 1/8 mile west of the Town of Lochbuie THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEIIERS'rEIN WELD COUNTY CLERK ANI) RECORDER AND CLERK TO TIIE BOARD BY: Keitha Hubbard, Deputy DATED: January 18, 1979 Brighton Blade 79-3 1/18/79 ACKNOWLEDGMENT Received the attached Notice for publication this 21st day of February, 1979. BY tem.„3 jaa_xd� 0'9 TITLE i a. 1 v��� 111 c\ DATE - 7q / DaLc: 0, lio CASE NUMBER: Z-314:78:18 NAME : Charles Ryberg REQUEST: Change of Zone from "A" Agricultural ,; l i:: L . . "C" Commercial Zone District LEGAL DESCRIPTION: Pt . SEa , Section 24, T1N, R66W LOCATION: 17343 Weld County Road 6, approximately 1 mile north and 1/8 mile west of the Town of Lochbuie THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE Denied FOR THE FOLLOWING REASONS : 1. It is the opinion of the Department of Planning Services staff that the applicant has not demonstrated compliance with Section 8. 3 of the Weld County Zoning Resolution which states : "Request for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is -necessary. Recent findings and oral statements by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classification. Without the presentation of such supporting documentation , the County Planning Commission should not recommend a change of zoning. " It is the opinion of the Department of Planning Services staff that the applicant has not demonstrated in the submitted application materials or in oral statements made prior to the scheduled Planning Commission meeting that either the original zoning was faulty or that changing conditions in the area now justify a new zoning classification. Section 8. 3 of the Weld County Zoning Resolution also states : "The following arguments which are frequently • presented are not sufficient grounds for rezoning : ( 1) "The area has no other practical use ; " (2 ) "The proposed rezoning would allow the 'highest and best use of the land' ; " (3) "A non-conforming use is located on the property; " (4) "The area adjoins land already zoned in this manner; " N Charles Ryberg Z-314 : 78 : 18 STAFF RECOMMENDATION November 8, 1978 (5) "No one in the neighborhood objects ; " (6 ) "If the zoning is granted, we will agree to use it only for certain purposes ; " (7) "You haven 't given us any reasons for not reasons for not making the change. " Although each of the preceding arguments has some validity, no one argument alone is sufficient grounds for rezoning. " In reviewing the applicant ' s submitted application in regard to his reasons and/or arguments for the rezoning of the property, it is the opinion of the Department of Planning Services staff that the applicant has not set forth sufficient reasons for the rezoning request to be approved. In addition, Section 8. 3 states : "There must be definite proof that the area requested for change has unique characteristics which distinguish it from surrounding lands and thus make its rezoning essential . " Again , it is the opinion of the Department of Planning Services staff that the applicant has not -demonstrated that the property in question has unique characteristics which distinguishes it from surrounding lands . Further, Section 8. 3 states : "Furthermore, once a change is made , the Planning Commission must recognize the precedent which is established, both in the immediate area and in other parts of the county, for like rezoning of other lands "similarly situated. " It is the opinion of the Department of Planning Services staff that the approval of this request would constitute "spot zoning. " The approval of this rezoning request would establish an undesirable precedent in the immediate area and other parts of the County "simarily situated. " 2 . It is the opinion of the Department of Planning Services staff that the rezoning request does not comply, with the policy con- tained in the Weld County Comprehensive Plan relating to commercial development in the unincorporated areas of the county. The policy found in the Weld County Comprehensive Plan which is utilized to guide commercial development of this nature states : A Charles Ryberg Z-314 : 78 : 18 STAFF RECOMMENDATION November 8, 1978 Commercial development will not be encouraged in the unincorporated areas of the county unless it can be shown by the developer that the proposed commercial use cannot reasonably be located in an urban area. " It is the opinion of the Department of Planning Services staff that the applicant has not demonstrated why the proposed commercial use cannot reasonably he located in an urban area. REZONING APPLICATION Weld County Planning Department Services Building, Greeley, Colo. FOR PLANNING DEPARIT"iENT USE ONLY: CASE NUMBER: PC HEARING DATE: SEC: TWP RANGE: CC HEARING DATE: LAND CODE: T: S: 1/4: KEY: SUB/DIV CODE: SUB: ELK: LOT: KEY: [N, RtER TO: REZONING FEE: 7 /cc- " / ,7'. .,(( 1) Date: APP. CHECKED BY: 2) Date: REC. NO. : 3) Date: LEGAL DESC. APPROVAL 4)_ Date: TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIREMENTS: Print or type only, except for necessary signatures. • I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed rezoning of the following described unincorporated area of Weld County: LEGAL DESCRIPTION: A tract of land located in the SE a of Section 24, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows: Cannencing at the SE corner of said Section 24 and considering the South line of said Section 24 to bear North 89°37'15" West and with all other bearings contained herein re- lative thereto: Thence North 89°37'15" West along the south line of said Section 24, 956.62 feet to the True Point of Beginning. Thence continuing North 89°37'15" West along the South line of said Section 24, 225.73 feet; Thence North 00°28'30" East along the West line of the parcel of land described in Reception No. 1627411, Weld County Records, a distance of 578.92 feet; Thence South 89°37'15" East, 225.73 feet; Thence South 00°28'30" West, 578.92 feet to the True Point of Beginning; Said tract of land contains 3.00 acres and includes a 30' strip of land along the Southerly line for Weld County Road No. 6 • (If additional space is required, attach an additional sheet of this same size) STREET LOCATION: 17343 Weld County Road #6 PRESENT ZONE AgTicuILurWs PROPOSED ZONE Cannercial APPROX AREA: 3 acres PURPO6E; Storage of house moving & heavy equipment IS THIS AREA PLATTED: YES( ) NO (X ). IF PLATTED, NAME OF PLAT:_ IS THIS AREA TO BE PLATTED: YES (X ) NO ( ). IF ANSWER IS YSS, HAS FLAT BEEN SUEMITTED: YES CO NO ( )• FEE OWNERS OF AREA PROPOSED FOR REZ0`�Th j NAME: Charles E. & Judy A. Ryberg ADDRESS: 17343 Weld County Rd. #6 TEL: 659-5943 NAME: ADLLESS: TEL: NAME: ADDRESS: i'BL I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. i270 l COUI.TY OF WELD STATE OF COLORADO ) ; ,.' SEP a ) RECEIV1978 ED � ,Vita CP: - oh 5. 1 — —'' 2 —�� ' ' '-' 6 -"Iss"---,1gSignattres. Owner er Authorized Agent ,�'�L Attorney in Fact for Owners . •:ti' Joseph H. Helle;ell Subscribed and sworn to before me this 'A)ttk day of 19 7Y. U SEAL �" c ti � ; , zf NOTARY PUBLIC My commisnior expires: '-v ,_.{ c 7 ) C Li LAW OFFICE JOSEP1I 11. 1I€llEW€ll TELEPHONE: 352-8792 1020 9TH STREET. SUITE 3O2 GREELEY, COLORADO 80631 Weld County Planning Ccnnission Greeley, Colorado 80631 Dear Sirs: With regard to the questions concerning the zoning request that Mr. Charles Rybe'g, please find the following. 1. It is impractical to develop the land according to its current zoning classification primarily because there is in- sufficient water and the quality of soil is such as to not allow the raising of crops on this small parcel of land. Further, the land is of a small enough size, including that portion which is not being re-zoned, as to not allow economical development of any agricultural pursuit. 2. Proposal would benefit Weld County, by allowing this business enterprise to be located in an area where it can be protected, but yet is out of sight, of all but the surrounding property and nearby road. This development would not encourage the spread of similar developments, but merely would provide a suitable and convenient place for such a business to operate in Weld County. 3. To an extent the surrounding property owners will be benefited, by allowing this small parcel of land to take on a greater share of the tax burden, and would decrease the pressure on the surrounding lands for the use of such lands by livestock and watering needs. 4. With regard to the features of the land, there is nothing to prevent the surrounding land to be re-zoned in a similar fashion, however it is the desire of the applicants, merely to have a limited place where such business could be conducted without en- couraging the widespreadedness of such an enterprise. Also, petitioners feel that only a small portion needs to be changed, thereby giving more control to the local authorities. 5. With regard to other land already zoned according to the classification, there is none within a reasonable distance, that can be suitably protected from vandalism and theft, and likewise be near the source of petitioner's authority to operate a house-moving business which is closer to the Adams and Denver county areas. The primary concern is the protection of the property. %c'1`1I -2v%S in SEP 1978 ��, cYi RECEIVED o Welt COO➢h ti• %aenieg CORRiSS10! ;o/ O 6kLL Letter to Weld County Planning Commission Page 2 6. The conditions of the area have changed sufficiently, where enterprise should be encouraged in the Southern end of the county which could suitably service the rapidly developing oil and other commercial endeavors which are engaged in in this area. As has been noted, in the past there are a great number of people moving into the area, requiring the services of this petitioner, and this location provides an ideal means the serve the Southern end of Weld County along with other areas of the authority granted by the Public Utilities Commission to this petitioner. 7. To this petitioner's knowledge, there is virtually no commercial ground suitable for the location of petitioner's business within a nearby radius of petitioner, further there is none that would be suitable for the petitioner to re-locate to with a residence.constructed nearby for security purposes. 8. The petitioner intends only to operate a house-moving business fran said premises primarily the storage of the equipment necessary in said business, with all equipment being towed to the site of the job, and not being actively used on the premises other than for storage and ingress and egress. Sincerely yours, JOSEPH H. HELLEWELL, for Petitioner JHH/sb 4./1 PETITION SUPPORTING REZONING Board of County Commissioners of Weld County, Colorado Court House Greeley, Colorado Gentlemen: We, the undersigned owners of property located within 500 feet of the property described in the rezoning application submitted by C1,-,t-/,ti F. o ,Tc_-✓-1,r /Ci;/. , hereby petition you to grant this rezoning request and to change the Zoning District ap so that the property involved shall be rezoned from A-7,-ic,-,/+itirc Zoning District to C Zoning District. Signature Mailing Address Description of Property -7/7 k_1 4-L, "-V( /9y.3 lz)Q IL{� (2. , ',(l. .--3> 2 't oc, 79z)3 Z at ('e)Ad 0 1C1�— �z/Yi�J ,%2 x>`,ezr , r?o f6/�c f, ci c- � G � , POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I , Charles E. & Judy A. Ryberg (name) , the undersigned, of 17434 Weld County Road 6, Brighton, Colorado (address) , County of Weld , State of _ Colorado , here- by constitute, make and appoint Joseph H. Hellewell (name) , of Greeley (address) , County of Weld , State of _Colorado_ , my true and lawful attorney- , in-fact , for the following purpose : To represent me in the matter of the foregoing attached application for a Change of Zone - (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the Weld County Planning Commission & Board of County Ccamisssioners (Board of County Commissioners , Board of Adjustment , etc. ) and to present evidence on my behalf before said Board . Charles E. Ryberg i i 7 Ju . Ryberg /` subscribed and sworn � to before me this w J day of Th-C ±u— L<. ) • 197 . Notary Pu' lic My commission expires : -)7 igel • .,r>>`'' 4, ti� 0CT 197& RECJIVL- :.i - : .rT.issin Recorded at ..--_ clock ociock .w-..-MAUG- 1 81975 Rec. No. _1,66'1462 S. Lee Shehee, Jr., Recorder 1- i o •:. C CR b' BOOK Recorded at / o'clock bi., _��E C c' �: " .jo y�� ,m ". /O5 p ' 162 411 � ,t lr»„< rl=�a-t7✓ l::�u: - C7 7L- Recorder. n' i. !! TINS DEED., Made this / day of September RECORDER'S STAMP E 19 73,between l a <T ! ! '! ROBERT C. and PATRICIA A. -WILSON ii O` !' State Documentary Fee s DEC 281973 eu Date............_ ---•---------- e-I it of the County of Weld and State of Od 0 ----' I' Colorado,of the first part,and $- 71_ • .O ice- 'I eo ( d CHARLES E. and •TUDIE A. RYBERC re r1 r J 7 U':?S • �'' of the "I '� County of Weld and State of Colorado,of the second part: .4 r I! WITNESSETH, that the said part of the first part,for and in consideration.of the sum of 0 M .0 FORTY THOUSAND AND 09 /100 DOLLARS, x • • r Ti ri i to the said part ICS of the first part in hand paid by the said parties of the second part, the receipt whereof is vi O - ; hereby confessed and acknowledged, ha Ye -'= ge granted, bargaibed, sold and conveyed,and by these presents do o f : grant, bargain, sell, convey and confirm unto the said pattiesrof the second part, their heirs and assigns forever, not ' o i) t in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and ret•1,5`l being in the County of Weld and State of Colorado, to wit: ca '' 7, 41 parcel of land in the Southeast nue-quarter of Section 24 , Township ,J 7 1 North , Range 06 West of the Gth Principal Meridian , Weld County , ,t a Colorado , described as : Begin8inq at the Southeast corner said South- �N', iI !; east one-quarter ; thence N 89 37 ' 15" W on an assumed bearing along o the South line said Southeast one-quarter a distance of u75 , 35 feet to the true point of beginning ; thence N 00°28 ' 30" E parallel -with the East line said Southeast one-quarter a distance of 1290 . 00 feet ; ii thence N 89°37 ' 15" W parallel with the South line said Southeast one- Pquarter a distance of 507. 00 feet ; thence S 00°28' 30" W a distance H of 1290 . 00 feet to pint the South line a d Southeast one- quarter; thence S 89oi oL sin along said South line a distance of 507 , 00 feet to the true point of beginning , ,i TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditament:+and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto thesaid parties of pie second part, their heirs and assigns forever. And Ur said part 1 C S of the first part,for t hem- i; sel VCS ,t I IC lhl:irs,executors, and administrators do covenant, grant, bargain and agree to and with the i! said parties of the second part, their heirs and assigns, that at the time of the cementing and delivery of these pres- ents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple, and ha VC gaol right, full power and lawful authority to grant, bar- , gain, sell and convey the same in manner and form aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind ornature soever. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part i Cs of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF' the said part ie 5 of the first their part ha \'e hereunto set /band and seal 5 the day and year first above written. ' Signed,Sealed and Delivered in the Presence of .I L�:.::.t.!r ( LL/e::{_-a-t [SEAL] ) Robert C. Wilson - Il .4.:41.8. ^: GLiL.sa:L--xrJ...... -[SEAL) Patricia A. Wilson i ,i 0Oi ECTICI; DIE.7D FDrn iiL_i c:CD9DE:C; _. _. . _ ._ ... [SEAL) ;. STATE OF COLORADO, County of }ss• Ty he foregoing instrument was acknowled d beforf a his i n� d of '- 19l3 ,be J.3., (.,r-<'J �i: !) . • r RU=Ln;'1' U. c: IA,LL.i(.=A A. ]iIL U.• - •;, • \'•. •• `• My conunlulon expl Comrni:5&on Lx trc ()•IJ • t <,,1, `�0 •• r ' 'My P �Y91 . c.�Jtneaa my hand and official seal.a {n, v N Ei In lid ; HI I'I_l+.I1111fJG Si 0VICC I'In1NL U03) JLr,4099 LY.1. 4u _ 915 lulu SHIT t. (1w ,,�ff Li) cn[[LEY. CO ollnno 1.396:' �t l '1h^5�. COLORADO :m'iCi: C1' PU131,1c it• • :�ul !.�' I' lalull115 Cnnun 5KIO11 hill CW1(11'111 ❑ Buhl is hear- 'di December 5 1:178 at 1 : 30 p . m . _ to review a request Cur 11,1„ .) , al of a change of zone from "A" Agricultural Zone District to "C" Commercial Zone District frig', Charles E. Ryberg on a parcel of land described as Pt . SE3 , Sec . 34 , T1N, R66W of the 6th p .m . , Weld County , Colorado containing 3 . 00 acres more or 1O55 . This public hearing Lo be held by the Weld County Planning Commis- . Sion it;r the consideration of the above referenced reque l will be conducted in the Meld County CnmmisFsioners ' Rearing Room , First. Fluor , Weld Co:nrty Centennial Center , JIS 10th Street , Greeley , Colorado . ('L01611ull.s nr objections related to ihu above request should he submitted in writing le the Weld Crusty Department or Planning Fl rv_ices , 015 10th Street, Greeley , Colorado 80631 , berure the above date or presented at the public hearing on December 5 1978 PUBLIC NOTICE Cubit's (, C the application are nva i labl e for Inub l i c instinct NOTICE OF PUBLIC HEAR the Department ent of Planning Services , Room 310, ''Id Cenn 1. The Weld County Plannln ( ( ut (.1111 I Center , 915 10t.h Street , Greeley , Colorado ( :3mleelonwlu-eendactaiv, ( A,1.,911;1O11 '1 0.1 ) , l 30 p m.to rreeviewbarreque: apr oval of a change of zone A'Agricultural Zone Dtetr ( I.: from Charles E. RberDi 11' -,n (.., 1 1 "I1.1 parcel of land describedga \5.. ! d County Planning Commission SEX,Sec.34,11N,ROM of ti p.m. Weld County, Cole containing 3.00 acres more or To Le published in the : Johnstown Breeze This publichearing tobehe the Weld County Planning mission for the consideniti reques above referenced To Le published one I hue by : November 16 , 1978 (publicat conductet tnthe WetaC FOmmisoor, W' County Ce at Floor, , 915 1 County St Center, 10th er Greeley, ed. t o the objections s related to the t writing should be a Cc wrllih8 to the Weld er Re''t• tit! ii.: �' ( Department of Planning Ser ;l '-( :,t ! 1. (.i �i. 1{.t 81510th Street Greele COL p before the above lich da presented at the pubtic hear) Date : I p December 8, 1978. lI ' �/, Copies of the appllcatlor available for public inspect] the Department of Plat Services, Room 310, Weld C Centennial Center,915 10th S Greeley Colorado(358-4000 Mon 404). Chuck Carlson, Chairm Weld County '� Planning Commission To be published to the: John: Breeze To be published one Urns November 18. 1978 (public date) Co. Legal 78-283-Planning NI PAP I MI HI HI PLANNING SI:liVIc[S r o^.. L m PHONE 1303) 356.4000 EXT. 400 71xi l � pe: I rim r , c� gynl f•, t,aE n �1l 915 10TH STREET • Ae �' P . f' ��� GICCLEV, COLORADO 80631 r .,4 ttt- > •29 f t i i la rl COLORADO,ADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hear- ing on Novemeber 8 , 1978 _ at 1 : 30 p .m. to review a request for approval of a change of zone from "A" Agricultural Zone District to "C" Commercial Zone District from Charles E. Ryberg on a parcel of land described as Pt . SEq , Sec . 34 , TINE R66W of the 6th p.m. , Weld County , Colorado ' containing 3 . 00 acres more or less . This public hearing to be held by the Weld County Planning Commis- . sion for the consideration of th-e above referenced request will be conducted in the Weld County Commissioners ' Hearing Room , First Floor , Weld County Centennial Center , 015 10th Street , Greeley , Colorado . Comments or objections related to the above request should lie submitted in writing I the IPrld County DeparIment of Planning Services , 915 10th Street , Greeley , Colorado H0631 , before the above date or presented at the public hearing- on . November 8 , 1978 PUBLIC NOTICE (;(plus of the application are available for public inspeC NOTJcEOFPUBIJCHtEARING the Department of Planning Services , Room 310, Weld Count The Weld County Ple4nngCom- 915 10th Street Greeley Colorado mission will condo` a ppubll` ( e n t e l l ll g a l Center , 1:30 p. . t review Nev are 1978 or 1:30 p.m. to hang a of for m extension �lDl � . aA'Agrcfachange oP zone from 'A' c Zone District to District frorlesCommercial E Zone ona from Charles E. Ryberg on a Chuck Carl :-;on , (ii,.1 1 1"Ila:1 areal o[ lend N,R06bed as Pt. p.m�,S . County, of the o Weld County Planning Commission p.m.., 3 Cores y, Colorado containing 3310 acres more or less. Thin ublic hearing to be held by To be published in the : Johnstown Breeze the Weld County consideration Pt ng Coo ---- mission for the considers o1 the above referenced request will '1''f he published one Lime by :October 12 , 1978 (pub] ication Commissioners' He Weld Room First Floor, Weld County Centen nial Center, 915 10th Street Greeley, Colorado. Comments of objections related to the abov, request should be submitted ii , writing -to the Weld Cpuntl De ar meet of Planning Services I(f`r t` Iveil I'\' : `1r c I. ‘h- i(i"1 8915 0631,thetreet Greeley,COlorada __ __._,---.._ _-. -_. 80831., before {he above date o'. Vresented at the Dublichearing of - November 8, 1978. Date : / L./ 1. 7 / > Copies of the applicant ar available for public mape ction-L the Department of Plannin Services.Room 310, Weld Count Centennial Center,915 10th Streel Greeley Colorado(356-4000 exter 04 sion 1 ). Chuck Carlson, Chairman Weld ajannin Commission To be published in the: Johnetow Breen To be 12.19978(pulished blicatione nedati Co. Legal 78-222-Planning / AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ) ss. COUNTY OF WELD ) I, Eugene Thomas, do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed,in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published-continuously and uninterrupted- _- _ - . ly in said County of Weld for a period of PUBLIC NOTICE • more than fifty-two consecutive weeks NOTICE OF PUBLIC HEARING prior to the first publication of the annexed legal notice or advertisement; that said mleaondnwill N County �m newspaper has been admitted to the hearing on November e. est ese at r United States mails as second-class matter approval i of a chef a of zone from B under the provisions of the Act of March 3, C'Agricultural zone District ` 1879,or any amendments thereof,and that from arcel of hand desccriibedgasnPt said newspaper is a weekly newspaper SEW Sec.34,T1N.1166W0fthe8th duly qualified for publishing legal notices co gl300gcTe;m rre°orless and-advertisements within the meaning of This public hearing-to be held by the laws of the State of Colorado. the Weld County PlannintCom' That the annexed legal notice or mission for the consideration of the above referenced request will advertisement was published in the beFi conducted in the unWetd County regular and entire issue of every number o Commissioners Hearing vial Cente , 915 10th street, said weekly newspaper for the period o Gal Center, Greeley, Colorado. Comments or related to the above consecutive insertions;-and that thc request Vititing should to the 1be5 Weld Couttednty to first publication of said notice was in thE wr tarlment t Planning Services �'� �,Z 915 10th bStreet, fo etthereabove daiteeor issue of said newspaper dated presented at thepubllc hearing on A.D. 19 and that the last publicatioi November 8. 1 Copies a the ap liiscn are. `• of said notice was in the issue of sail available-frt pen❑c of to ning newspaper dated `'f ` -A.D. 19 /y the Roo Departmenteld County Centennial Center, 1510th Street, In witness whereof I have hereunto se sr e7�)Colorado(358-4000 eaten- my hand this 3N'day of Chuck Carlson, Chairman Weld County A.D. 19 . Planning Commission To be-publfshed.tn the: Johnstown 7Breeze G�,f��� C:771- tA--ct , .To October 8(publice o edam) ,' Publisher. Co. Legal 78-222-Planning - Subscribed and sworn to before me. Notary Public in and for the County Weld,State of Colorado.this / fit/\ d of ( �1 A.D. 19 7 / - Notary Public My commission expires - - 7 REFERRAL LIST 1 APPLICANT Charles E. Ryberg __ CASE # Z-314: 78: 18 7. REFERRALS SENT OUT ON: October 5, 1978 REFERRALS RECEIVED r E OCT 51978 County Attorney OCT 2 01978Y ` County Health may. OCT 131978 County Engineer Colorado Geological Survey OCT 2 3 1978 Dave Shelton 1313 Sherman Street Room 703 Denver, Colorado 80203 ,.,` Soil Conservation Service P.O. Box 487 Brighton , Colorado 80601 ," Lochbuie Planning Commission 0 659-2226- ^ a ': c/o Gordon McLain P C 10/19/78 OCT 111978 r Route 4 , Box 100 Y Brighton, Colorado 80601 Frank Suckla i$". : ,4 NOV 81978 4468 Weld County Road 19`' ffc c : Fort Lupton, Colorado 80621 Hudson Area Fire Protection District (sent 10/4/78) c/o Francis T. Hill, Jr. 10/5/78 or . Attorney at Law 11/2/78 . OCT 171978 . Suite 320 Seeel Parka c 50 South Steele Stree Denver,- Colorado 80209 t. A • k. Y or co O -,..tedlifite R' xyads: f`asxy` O RICHARD D LAMM *5,t !. ; : * JOHN W. ROLD 4\` �>s,� * Director Go VERNOR i rti�'' ,� 2876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING — 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 October 18, 1978 Mr. Chuck Cunliffe Department of Planning Services Weld County Centennial Center 915 10th Street Greeley, CO 80631 Dear Mr. Cunliffe: RE: RYBERG REZONING, WELD COUNTY We have reviewed the above referenced application and find that geologic constraints to development generally are minimal . If buildings are constructed on the 3 acre tract, we recommend that the foundation exca- vations be inspected by qualified geotechnical personnel so that any adverse conditions can be recognized and abated. We have no objection to the approval of Ryberg rezoning application. Sincerely, Walter R. J ge Engineering Geologist WRJ/vt - cc: Land Use Commission k OCI1918 ElV ED REG `1 1.01,er Fe1; sil�A 'v/ \ m c GEOLOGY STOPY OF THE PAST . . . KEY TO THE FUTURE Weld BOARD OF HEALTH ounty 'ealth Department DAVID WERKING DDS. Greeley FRANKLIN D YODER. MD. MPH WILLIAM BLILY Rogoen D!rector 1516 HOSPITAL ROAD DORIS DEFFKE C eeley GREELEY, COLORADO 80631 A M DOMINGUEZ. JR J D Greeley ANNETTE M LOPEZ Greeley (3031353 0540 F RANK MYERS MPH Windsor HERSDHEL PHELPS. JR . M D . Greeley KATHLEEN SHAUGHNESSY. PHN. Awe ARTHUR G NAT SON Pl dll¢wll¢ October 20, 1978 Gary Fortner, Director Planning & Zoning 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Change of Zone from "A" to "C" as requested by Charles Ryberg, has been reviewed by Environmental Health staff and the following comments are submitted: 1 . Any commercial building will require an engineer designed septic system. 2. Noise levels shall comply with those limitations listed in 25-12-103, C.R. S. 1973. 3. No other health regulations appear to apply to this application. Sincerely, Jon G. Hall , M. .H. , Director Environmental Health Services JGH:dr L,nn J 4:.: = mcmnDun yinDeTo Planning Department Date October 13, '1978 COLORADO From Mr. and Mr. Charles E. Ryberg - Change of Zone Subject: No engineering problems are anticipated by this request. 1 Gilman E. Olson Subdivision Supervisor OCT 1978 '1 RECEIVED �G ` L8ZLd c36:; _ I I ' I1 '! I I i.1v11JINJI; SLIiVIC[ , [On! 003) 3N0-0000 EXT.404 915 10TH STREET TryI ( I IELLE Y COLOHADO 80631 Pk 1.1 ° CASE NUMBER Z-314 : 78 : 18 t COLORADO REFERRAL TO WHOM IT MAY CONCERN : Enclosed is an application from Mr. and Mrs . Charles E. Ryberg for a change of zone from "A" Agricultural to "C" Commercial Zone District . The parcel of land is described as Pt . SE?, Section 24 , T1N, R66W. The location of the parcel of land for which this application has been submitted is 17343 Weld County Road 6 , Brighton , Colorado , one mile north and a quarter mile west of Lochbuie . This item is submitted to your office for review and recommendations . Any comments or recommendations you consider relevant to this item would be appreciated . If you find no conflicts with your interests , we would appreciate a written reply to include in our files, or check the box at the bottom of this page and return it to us . We would like to receive your comments by October 27 , 1978 so that we can complete our review before the scheduled Planning Commission meeting . Thank you very much for your help and cooperation in 101;, CO matter . C5 Oct � � 19 r n 1 ( RECF�V�8 s \_ c(�\U..r. . \_ o q,♦♦i4e/O�o�♦iy FQ Assistant 'toning Arlministratpr F� gC�osissi♦ t ♦ �L �1�9cSd GG������ !!! j7e have r • er t . le • and find no conflict with our interests. Signed C/ 6 � Hate AD /0 fig' I •i Ii• lliilIII H / NFJlhliiSI.IiVICL`. I'll(!I 11 1:103) 3564000 EXT.404 015 10LIi BL BEET GIIEELL`Y,COLORADO 8(1631 q flEl � CASE; NUMBER Z-314 : 78 : 18 2„:Y"o COLORADO REFERRAL, TO WHOM IT MAY CONCERN : Enclosed is an application from Mr. and Mrs . Charles E. Ryberg for a change of zone from "A" Agricultural to "C" Commercial Zone District . The parcel of land is described as Pt . SEi Section 24, T1N, R66W. The location of the parcel of land for which this application has been submitted is 17343 Weld County Road 6 , Brighton , Colorado , one mile north and a quarter mile west of Lochbuie. This item is submitted to your office for review and recommendations . Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests , we would appreciate a written reply to include in our files , or check the box at the bottom of this page and return it to us . We would like to receive your comments by October 27 , 1978 so that we can complete our review before the scheduled Planning Commission meeting . Thant: you very much for your help and cooper' yjson,: in':kis -),‘, matter . -'-:' OCT 1978 ', ,, f RECEIVED -,) C (1 (rl c 4i nl n Assistant Zoning Administratbr vsi `...,C , ;,; Mti?e have eviewed the plans and find no conflict with our interests. Signed •�____ 4� - ,Lr:i42� Date 2/ L' /976 H114_9 "ire Protection District A FIELD -HECK FILING NUMBER: Z-314 DATE OF INSPECTION: 10/11/78 NA�,1E: Charles Ryberg REQUEST: Change of Zone "A" to "C" LEGAL DESCRIPTION: Pt . SE* Section 24, T1N, R6619 LAND USE: NAgricultural E Agricultural S Agricultural ;; Agricultural ZONING: N Agricultural LOCATION : 1 mile north and 1/8 E Agricultural mile west of the Town of S Agricultural Lochbuie w Agricultural COMMENTS : There is currently a single family resid. nce 1O.e .ed__Qn__ he property. There is also several pieces of storage moving equipment in addition there are two structures being stored on the property. There are two existing accesses to the property off County Road 6 . There also appears to be several miscellaneous junk items on the property. I3Y : Re7oninq Plat No. Z - 314 LEGAL I LSC;:IPTION A tract of land located in the Southeast Quarter of Section 24, Township .1 North, han,;e 66 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows: ' vcnicing at the- Southeast Corner of said Section 24 and considering the South -f r ,'..j Section 24 to bear North 89°37'15" West and with ill other 1.c,r'i • d: contained rein relative thereto: Thence North 89°37'15" West along th line of said Section 24, 956.62 feet to the True Point of Beginning. Thence continuing North 89°37'15" West along the South line of said Section 24, 225.73 feet; Thence North 00°28'30" East along the West line of the parcel of land described in Reception No. 1627411 , Weld County Records, a •distance of 578.92 feet; Thence South 89°37'159 East, 225.73 feet; Thence South 00°28' 30" West, 578.92 feet to the True Point of Beginning: Said tract of land contains 3.00 Acres and includes a 30' strip of land along the Southerly line for Weld County Road No. 6. APPROVALS APPROVED BY THE WELD COUNTY PLANNING COMMISION ON . , 1978. CHAIRMAN, WELD COUNTY PLANNING COMMISION APPROVED BY THE BOARD OF COUNTY COMMISIONERS ON , 1978. CHAIRMAN, BOARD OF COUNTY COMMISIONERS COUNTY CLERK AND RECORDER'S CERTIFICATE THIS MAP WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF WELD COUNTY, COLORADO AT .M. ON THE DAY OF A.D. , 1978. FILE NO. : BY Reception No. Deputy County Clerk and. Recorder Prepared by: McRae & Short, Inc. Project No. 77080 Sheet 1 of 2 7 A K • ', L/; LC ' , "-' j LC c" 't 'J`J' 'hAi."u._.e4 1 v: 1 (1:2‘l-: i t ;"7/<-, 7, 1722 . = <<l L L c":::,..1 .,,,,,g-L,",__?+-e 'j . �� / ✓ C2. �fi°ate f re c./. le' ,_ 7-22:?--..7 CrLL ,,,&,-l1i (4,::- ,- (7 2 fL / Lt'lC-c.- - % _ :..,, c_-1 / ! (7 ,_ L:, (:(e', CC- f' '-<< ' ') _ L .c_': 'd ^ ',,( C''<�GC%c L� it 7 ` 7, L , (�?-( c2-7 �t . ..�7 zC� / L.c%Z?�/ (1 if_�Gc % : r • % ll (`a' is`"(" Ji /p?52fi2I Bl NOV 197& \1 / �- y RECEIVED w �' c, ,/ AMT 0, o Weld Conpn I { 1`I' i 16)124 MaenfaL CaeAissfca� t t` v _J? � 3"` - C/' ee' - }y C'eo-J Sio,, Zl 110�60 A' A4/.. v- ft//s ) ✓ 4. /I// /L'7 C ow wi y 2 c- 1_3 / o/>D .i 1 13/i /(// Tc// <' vtG .?0E ('f .7 I Vie i c !7 L I /7 E 7c L' S E 7 ti 1 S L L 7 7E/c /c \/C / C1- ///7 066 ,./fer/ et(VS re 7//4- AE2c. /✓//✓ < 0 7T/7,F 17AcFier477 /-1-Ne ✓Y /✓ /Is / 7313 v✓i'L /7 cc: ii,s% O & .7--N/ S /IXt /I /-/ /4 S 8tir/CAi 27c ,.,L=/ / et:/.'/ C'c i_ T uJh /6AL 2 / //x, v< i3L; 0c-,Jr / (. /,/7 !r s /// /?L f//9 v"F 47 Azr So ?� `T /4 ir T</ /_/ v✓/9 /✓/ FCz YH[!n// 5nvr > A ,l4 ' r_ A, t/t/t- /Jc i✓C 7 i/t/ ' 5 r/ %C.: /V// /'4 /r- T-/., c' A7c 5 U.; /4' % I-- i /'/:,_- 3. Ty L. /..-i- r o / /,: ,. , ,_ / 2 E--4- z t- /,/(. y I // 57 a6zi / (A TIC A/ / 5 /4/ /-/-iA, / c .�7 Ar/o L / r 5•c /= c0/L ! f/E Cj'c' ✓ /_ i tMSc/,/ 1 L' t/✓/> /v% c c /✓ /' 7- /1 ' f-> / "✓ ✓o , e r- Al y/ OZ.: c-7/- C ,17 c ni S Y c Jc /, /v.-, (re At `"- Any ' C �`o 4 >. �� OCT 19 b s n , r ; y RECEIVED -1 Weld Cent) .:°:�G, Fl min! Cz�rr:aicr • October 25, 1978 :eld County Planning Commission 015 - 10th Street Greeley, Colorado 90631 _ear Sir: ':e are writing concerning the Zone c:^_a ze from ',gricultural zone to Commercial Zone on the parcel cf la:-.d located at 17343 'rT'eld County :.cad 6, 1 rile north and 1/8 mile west of Lochbuie, described as =t. S1 ,, ,Section 2'Y. TIN, E66d. .7e object to this rezoning. !de have been in areas where this has been done and it has a tendency to lower the value of surrounding resi- dences. and the connunity in general. If one area is rezoned it isn't long until others tiepin getting their land rezoned and soon the suburban resi= dential area is anything hut a residential area. ::ost of us moved into torn this area Baca ;se we did want out of the city and awa:✓ noisis e dirt and i tZ�n -i-s .ansi€fitly vi e as that usually come with a commercial zoned area. 6' �. n, Ir� �1 Yours truly, 0O- 194 .-; %�� rsC .D.Denison RECEIVE-) '\` Planning Cnnn ssn: n` f o-va om. .a-v...A.-o.->v w< 5455 West Virginia Avenue Lakewood, Colorado 80226 October 23, 1978 ice. Chuck Cunlif£e, Asst, Zoning Admin. Dept. of Planning Services 915 10th Street Greeley, Colorado 80631 Re : Change of zone from "A" Agricultural Zone District to "C" Commercial Zone District for 17343 Weld County Road 6 - Owner - Charles Ryberg Dear Sirs : • We bought our property, near the above mentioned property, about 10 years ago with the idea of it being our future place of residence. We have worked toward this end (adding well, septic, house, garage, fences, etc. ) as the years have gone by. We feel that commercial zoning would decrease the value of our place as a suitable place of residence. Therefore we wish to strongly oppose this zoning change. Sincerely, q l/ Lowell Miller, Owner "412:04-r545,?.. �tOC 'YETIgo cc Q l %dn • Dash'v f0 62•Le' V 7,de __Az/4,615,4c/ a_ gentyri -iiit-e-A---Acesc-j Va 2e--2::4- ay,. i.., dz:z, '/P /�� 7 / 7-G� =cli Cam -{ 4-ze--A,A-0-e-e-74/ff C�� cme7,--c cc c?-ui ._,tot. ___1%> 7„_..4„2„0-„,,,..,./. „yr);i c2( C (,fr ---71-1-22-64-r--, ,7-,r 02/3 ZJI-fl C £K37 Nay/ZS-it,' � ^ lam' -:66 .. n 5?: iR``15.;11-L)L- 4 `°may^%; t OCT 1918 cc RECEIVE° iv r weld Cofl a tManning Commisslos (a G J / �.'_ _ . Z — 7/ifs. 7S ; ./ i i z i /./ 4C J .. _ _ � Vii` , � - f , f: f 1 724 y {' ii 1 1' r ,,, //I , � {.I� ,.)pt\1 rj �4 i;IA i��{ 4'! t f a i l rt�" I��Y, , 'i • .�.r ti : "Atti.' ;, 4 v r A , \.. / 1 ..\ • �� ^ �f�7 t r \si R 1 , ' S' _ r -y i— / r / • f " : i';( " _4/, /c c,c 2 ,c,: - jam. u Lc/(' _L /(_ �Pi-_L.' L 74 l c Z/ /.ie/• I ' L .2 �/° C t , , ��V" .4.; 7 •� 2,/_,:. 1 y 1 - 0 co o, RECENED col Held CouFt] 71 COUNTRY FROLICS Ca, Pianeitt teAMISSIOE 8 ' " ,S1 eon Currcnl.lnc. ,,:�_,_;r ,. . '!-'_ / �lereta \.'° �.o,,:.� �/ Charles Ryberg Z-314 : 78 : 18 SURROUNDING PROPERTY OWNERS October 11, 1978 Terry and Bonnie Gangwish George Nelson Route 1, Box 195 B Route 1, Box 196F Brighton , Colorado 80601 Brighton , Colorado 80601 John and Alice Conway DOA 10 �� ,_t, Brighton , Colorado 80601 ��: at,` 2-CAb IJ.JCQ �, Mervyn and Carol Hoff Route 1 , Box 196-D Brighton , Colorado 80601 Mark and Susan Brown Route 1 17903 Weld County Road 6 Brighton , Colorado 80601 Coy and Allie Kirkpatrick 2143 Weld County Road 37 Brighton , Colorado 80601 Dewey and Irene Hapken 678 South Alkire Street Lakewood, Colorado 80228 Henry and Melita Beierle , Jr. Route 1 , Box 195 Brighton , Colorado 80601 Lucky Four Ranch P.O. Box 21186 Denver, Colorado 80221 Richard and Jeanette Denison 2323 Appaloosa Avenue Brighton , Colorado 80601 Lowell and Sandra Miller 5455 West Virginia Avenue Lakewood, Colorado 80226 Richard Gould Route 1, Box 196E Brighton , Colorado 80601 Hazel and Anna Mae Marlatt 3150 South High Street Englewood, Colorado 80110 I CI ! HN .! H ! III !'I /NNINU SERVICE:, EH,rta, 130313564000 EXT.404 915 10TH STREET (,HI I.LEY,COLORADO 80631 x it x i y COLORADO October 11, 1978 To Whom It May Concern : You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use . The Weld County Planning Commission will review a request from Charles Ryberg for Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District on property described as follows : Pt . SE*, Section 24 , T1N, R66W • The location of the parcel of land for which this application has been submitted is : 17343 Weld County Road 6 , 1 mile north and 1/8 • mile west of Lochbuie If you have any suggestions or objections , will you kindly notify us in writing before October 27 , 1978 . The meeting by the Weld County Planning Commission is scheduled for November 8, 1978 , This meeting will take place in the County Commissioners Hearing Room, first floor , Weld County Centennial Center, 915 10th Street , Greeley , Colorado, at 1 : 30 p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4000, Ext . 404 . Qjnministrato ,r Rezoning Plat No. Z - 314 WELD COUNTY, COLORADO "A" AGRICULTURAL TO "C" COMMERCIAL Xi 89° 37' /S" (4/ Sol 00' "4.CCEL (DE-s0/2/13e0 /.t/ ee-C. n4/62 74// S'Sir 37'/s-E 22s 73 0 a N �3. Co �C2ES O SC/IL E,/ /00' N A p O O/ns Set a • I pins Founo/ 56 h 0 h a M k v) N o 0 o ti 0 o S % C'o.e. SEe. 24, T/4, 7e 4a t . 6rw PM "O• 7euE Poi.v r SE do,e. See. 2-1, 77A/, .7, o c —O C�EG/NV/NG e 66 W, 6n.,PM. 2gs 73 N89°37.XS-Gil SC 7 00 67.573S A/CrWELD 69°/+ 3776. w956. 62 l.OUNTY e0 0 /Vp . 6 SOOT/! .C/.UE SEC. 2Q SURVEYOR'S CERTIFICATE I do hereby certify that, under my personal supervision, this plat and i..gal ` description were prepared and that the corner monuments indicated hereon were properly placed during an actual and accurate survey of the land completed on January 5, 1978. -�i/ B.M� a��i`3 `�! r 4��..v:::,o4,F\ Gerald B. McRae, Registered Land Surveyor and , fQ7 ?' , Professional Engineer, Colorado Reg. No. 6616 I (..,616 * Prepared by: * � o McRae & Short, Inc. d)*\'—e-- 4_t-.' 4 r Project No. 77080 '�.;-���G '^" Sheet 2 of dovemhar 27, 1972 el�1 lofntal' irrinc Colr9.ssior. 217 - 10th itreet Greeley-, Colorado °0531 Dear :Hr: f ,is 'ht ter is to voice our dis nnrov•il_ of the zone chance from r ricultural to Co�mercial on the property described ps Ft. S';, , Section 26., gl.�! 6F,I located at 17343 -1eld County . oad 6, 1 mile north and 1/3 mile west of Lochbui€. enls >n/LnnAl1070 � Jeanette.. Deni son �4" AS ` ti NOV 1978 ,) ^ c'tRECEIVED �� 'r)1 6, II¢IA CoanlyRadii Waste (4;4 os' ` co S7N El Z0qd X /4_ e, /.? -/i- j/ z(zic:, ,,i/ l %//° (`.246-/j„(C-/ , _ ' 4 / I //7(>1 -5 -/ i .c... ___,,_ , l- c'e, ..73,2....-:___L-. a '7K2-,4__J%,,Li L . CG2 e /i_e„.21 CC C l2,(_''( . 21/ C e ,��—� y __4(6.-5.-!_i-ii-L -7, Lf / 2,y,f /-7-,-, <2-27,-L cf 9 it (..--' (2-C-C.:)-(Lite77-77(-427/ tre.7—% O 141S' -c • cc Rkc: EG��gB (/�C2f� ��/ � Wc1d CauaU ,+ ���ti�_� s oF6 �Cv a 5` /ci 7 �� lB�LZti , ,Z. S-060/ totOFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE: (303) 356-4000 EXT. 200 P.O. BOX 758 WI I GREELEY, COLORADO 80631 O /:I : II7iI:7 F CF Y of L COLORADO DECEMBER 22, 197$ JAN 91978 Charles Ryberg /: 7-o 17343 Weld County Road 6 BY tawinCLG KkNokFC QER Brighton, Colorado 80601 Deputy! TO WHOM IT MAY CONCERN: Your request for a CHANGE OF ZONE, A (Agricultural) to C (Commercial) District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is part of the Southeast Quarter of Section 24, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. If You wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedure will then be followed. This includes publishing a Notice of Hearing twice in the legal newspaper, which expense must be paid by you before the hearing day. In order to proceed as quickly a possible, we must receive your reply by January 10, 1979. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO ne K. SteinmWatarIt7Naw,,do Tem kh I wish to have a hearing on this matter with the Board of County Commissioners. I agree to pay for the legal advertising as noted above. /11: (c., C 1 Charles Ryberg Q M I WJ O 26 w O2 9 9 CO LL 6rc6. O. 2 cc _ cooV, C N W ¢ a3 Q W wz w pa > 2 orc oN c≥ur¢i w U W.6' N LU O W o f . fx £_� W OW ¢ Cr O > 00 o opw LL W N 1:k1 Iw 0 oa oIn oowr o00 W F LL = .n N O U 3i 30 iii 3L W O F �� a° a a 0 cr Ho0. „,a (noo ,,,« a fr o W o a '" w F y 301AN3S 1d1303N NN013N $ a LL p w o z U¢ S391S83S 1tlN011dO F N �. 0= 2 2 SBA 110i N31STW1SOd 110SN00 ° 2 9 N .Idd'0088 UIJOd Sd • V • - N f O N h K O e. M W , _p—r. V 2 El u 0,, J 1d� -.E_____.. •" >` 6 'IIy d 3X-\\:-qN • • a 5yCIS _s 8 `D $ ,�I .Frg m s Yr t 9 g . p m V it O = . e (� W V t 0a , v a v N •a W a = o. DC u CO $: L' S 'a O a Q'� is s C1 A _G u y v )•N • W �, N u< i K � o -� .0 a as ` �o v � wUw Its s s s " < w x a C3 • sa a a a LL C 4"la Ta N N LG N W N y v < Q Oa W flcJ4 G < G; .]❑❑ O rstin < U V < o .au \ '� e �L PS Form 3811,Nov.1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL Hello