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Home My WebLink About20070755.tiff DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE T T, C 4 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 C. COLORADO November 16, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1589 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,January 16,2007, at 1:30 p.m., in the Southwest Weld County Hearing Room, 4209 CR 24.5, Longmont, Colorado concerning the request of: NAME: Roland &Theresa Wagner FOR: Site Specific Development Plan and a Special Review Permit for a Home Business(building portable livestock shelters) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot A of RE-501; being part of the NW4 of Section 21,Ti N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 41 and south of CR 8. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Michelle Martin, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services,4209 CR 24.5, Longmont, Colorado 80504,on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. 2007-0755 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 COLORADO November 6, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1589 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,January 16,2007, at 1:30 p.m., in the Southwest Weld County Hearing Room, 4209 CR 24.5, Longmont, Colorado concerning the request of: NAME: Roland & Theresa Wagner FOR: Site Specific Development Plan and a Special Review Permit for a Home Business(building portable livestock shelters) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot A of RE-501; being part of the NW4 of Section 21,Ti N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 41 and south of CR 6. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Michelle Martin, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services,4209 CR 24.5, Longmont, Colorado 80504,on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/INTEREST OWNERS USR-1555 SURFACE ESTATE LAND OWNERS RAMON ALARCON 2772 CR 41 HUDSON CO 80642 DONALD DISTEL 2702 CR 41 HUDSON CO 80642 EDWARD GRAVES 227 BERNARD CT FORT LUPTON CO 80621 CHRISTINE HAMILTON 2886 CR 41 HUDSON CO 80642 J & E PARKER FARMS LP PO BOX 319 KEENESBURG CO 80643 CHARLES SCHWARTZ 2643 CR 41 HUDSON CO 80642 MARK WOODWARD 19886 CR 8 HUDSON CO 80642 MINERAL OWNERS AND LESSEES CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1555 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 16TH day of November, 2006. Dated the 16th day of November, 2006. 'W'"A__ Donita May Recording Secretary for Planning Commission SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/INTEREST OWNERS USR-1555 SURFACE ESTATE LAND OWNERS RAMON ALARCON 2772 CR 41 HUDSON CO 80642 DONALD DISTEL 2702 CR 41 HUDSON CO 80642 EDWARD GRAVES 227 BERNARD CT FORT LUPTON CO 80621 CHRISTINE HAMILTON 2886 CR 41 HUDSON CO 80642 J & E PARKER FARMS LP PO BOX 319 KEENESBURG CO 80643 CHARLES SCHWARTZ 2643 CR 41 HUDSON CO 80642 MARK WOODWARD 19886 CR 8 HUDSON CO 80642 MINERAL OWNERS AND LESSEES CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1555 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 6TH day of November, 2006. Dated the 6'" day of November, 2006. CIO A �G{, Al' Donita May Recording Secretary for n' g Commission AFFIDAVIT OF INTERESTE"'4-,AND OWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 147321000037 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thi dap of the application's submission date. /1]'� Signature l0 -3c2 - O6. Date Property Owners Within 500 ft. of Parcel# 147321000037 PARCEL IDENTIFICATION NAME MAILING ADDRESS # 2772 COUNTY RD 41 ALARCON RAMON 147321000041 HUDSON,CO 80642 2702 COUNTY RD 41 DISTEL DONALD J 147321000010 HUDSON,CO 80642 227 BERNARD CT GRAVES EDWARD REID JR & MARY 147320000015 ELAINE FORT LUPTON,CO 80621 2886 CR 41 HAMILTON CHRISTINE & 147321000042 HUDSON,CO 80642 PO BOX 319 J & E PARKER FARMS LIMITED 147320100067 PARTNERSHIP KEENESBURG,CO 80643 PO BOX 319 J & E PARKER FARMS LIMITED 147320100068 PARTNERSHIP KEENESBURG,CO 80643 2642 COUNTY RD 41 SCHWARTZ ARTZ CHARLES E 147321000011 HUDSON,CO 80642 19886 WELD CO RD 8 WOODWARD MARK A & GLENDA K 147320000065 HUDSON,CO 80642 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=147321000037&P... 10/30/2006 FAX TRANSMISSION 1 y \ Southwest Weld County I\\ 1 Department of Planning Services Wi`'��. 4209 CR 24.5, Longmont, CO 80504 O Fax: 720-652-4211 CO-LORADO� Phone: 720-652-4210, ext. 8730 To: fOYlt(i exklc( Date: k' OkD '0L) Fax: ��ZZ Pages: - Phone: From: lvA riJ,R,Uks_ NlztA' G,_ Subject: COMMENTS: eaSe reu i suo Uzi CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. REQUEST FOR WAIVER OF AFFIDAVIT OF MINERAL OWNERSHIP The applicant requests that the requirements of C.R.S. 24-65.5-102 et sec. be waived, and that the Affidavit of names and addresses of all mineral owners and lessees of mineral owners be waived. The applicant's property consists of approximately 4.82 acres and as a part of the previous recorded exemption. Located on the applicant's property is his house, two loafing sheds and three metal barns. One of the metal barns will be used for the assembly of goods by the applicants, and a second metal barn will be used for storage of items. The applicant will not be constructing any new buildings, structures or other improvements on the property related to this application. The applicant will not be disturbing any dirt pursuant to this application. C.R.S. 24-65.5-102 provides that the statutory requirements of notice shall not apply to building permit applications, applications for a change of use for an existing structure, applications for boundary adjustments, etc. The statute clearly states that it is to apply to applications that anticipate new surface development. The applicant submits that the applicant is excepted out of and exempted from C.R.S. 24-65.5-102. The applicant therefore respectfully requests that it not be required to provide the affidavit concerning mineral ownership. The applicant is exempt from the requirements, and requirement of such an affidavit is an undue burdence of expense. Respectfully submitted, WINTERS, HELLERICH & HUGHES, LLC V , Thomas E. Hellerich Attorney for Applicant Page 1 of 1 Michelle Martin From: Bruce Barker Sent: Monday, November 06, 2006 2:57 PM To: Michelle Martin Subject: RE: Request for Waiver from Tom Hellerich But it still is a USR that presumably would allow them to build buildings on the property for use by the business. I think the statute and our regs require the affidavit. Bruce. From: Michelle Martin Sent: Monday, November 06, 2006 2:08 PM To: Bruce Barker Subject: RE: Request for Waiver from Tom Hellerich They have applied for a USR for a home business (building sheds). o lla diatGn Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Bruce Barker Sent: Monday, November 06, 2006 1:49 PM To: Michelle Martin Subject: Request for Waiver from Tom Hellerich I cannot tell from reading Tom Hellerich's Request for Waiver of Affidavit of Mineral Ownership, but it appears to me that it is for a recorded exemption his client is doing. If that is the case, I disagree with his analysis. The RE still creates a buildable parcel, even though his cleint may not be going to build there. So, they need the Affidavit. 11/06/2006 Page 1 of 1 Michelle Martin From: Bruce Barker Sent: Wednesday, November 08, 2006 9:37 AM To: Michelle Martin Subject: Tom Hellerich Michelle: I received a phone call from Tom Hellerich about the affidavit of mineral owners issue. After I had spoken with you, I had the chance to discuss with Lee. He suggested that we ask Tom if the applicant intends to build any buildings on the property pursuant to the USR, and if he would be willing to limit in the USR itself the building of structures. I told Tom of my concerns and he offered to have the applicant write an affidavit and submit to the effect that he agrees to limit the USR to what is there in terms of structures on the property. I think that will work. Bruce. / s� uSk tJaivt Pc./ tu LL 11/09/2006 Hello