The URL can be used to link to this page

Browse Search

Home My WebLink About20071814.tiff WELD COUNTY COMMISSIONERS Taal JUN 22 P 2= 20 RE c i% h., ° 11 iI dg I IIIihiAeil liILlib i 11 H iI C 2 I i iii811III I II , AI °: ti P It I 1111, 1i` Ili i t iM9i I I 7i !I fie�t •AA II lid. iiIII 1'1 to l' °3t eI ! ii b t Aid �i T 1 !;� i• iA ltIF i t 1 I I. l 6 l 'I '11 I eI ��f� 1$Iiii ! F I' II ■� r pii gib �i rill Eill IA; iii F I f iiiiii r1_ � • i hilliI! I i'l3IIIIIIOrliiiithir1iii1I :► iii�;�{`;.y�t1ie1ffili Ali 1 lies \ [ fili'd l tri'■ R ' ' d ih e ! d•A i• i+S 7•• - ii® i' d Ni�- u lio,q� i�� '� 4� � I it� � ik�Q 18 �il ' re 1 - A i1 fly 11 I I' t !� 1�� b� a QQ rE § l lifi`11 1 i.1,, I IH ri l iii ! Ii l it if ii rS N b i l l i Ai l ylli l ill ] S ��I I�fp�� I�E $ S i� i5 1?dLhI � 1 t[A� I �p a° ei_4dh I i i i iii ii I i i I I °p!ir llIIi�iInili ftl1�1l13f� 11'I 1•r� , . .fit PFD rt r� 39•a;i x r in r r.1 Ike!I• f • •A w A R A R A � •A•a i L. 9 — — —------ VI Li OI/OM A1Imo3 a M ike I w x 111 = a1-7-*----- -- m wAw .'m.o• --- ' [ i Ex � r, I! i fg b ,.- _ i ' . . i ;id lit! • ''''-' • '.: I 1 -1 r .4 � �'"• ! 1 I.� ��I ipil pe i .. .,--. e / i•ti . Le8li .I Alas J ;j it • t ili ri I �KK Z , I rows I i E� jf it-- 14 lI I W `� ,o.wa j ii CX x s LLI bi m i �. . . I W E : ' c)s-' il: h Lii Lil I iii \( 1 • \ F 6 I I mj; ,s 41' 1 i I g' f I ? i 11 ww w 1_ L11 I II 1 . 111 4 1 v I$= t I i • � • it .... t=5 ' V%), ,.... E O 0- 2007—1814 Weld County Planning Department GREECEY OFFICE rs MEMORANDUM 'APR a) zotl/ RECEIVED ' TO: Brad Mueller, Planning Services DATE: April 9, 2007 Cde/FROM: Donald Carroll, Engineering Administrator SUBJECT: USR-1473, Glen Droegemueller/Tom Keberlein COLORADO Outstanding Completion Items: I have reviewed the plot plan identifying the relocation of the two-rail fence. Since this fence has not been relocated at this time, I recommend that the east/west section of the relocation of the fence between WCR 27.5 (Two Rivers Parkway) and the framed garage be located at the future reserved right-of-way dimensions. This would save the applicant from relocating this fence one more time. Please see the attached the plot plan of the relocation of the fence. Dave Bauer or Brian Varrella will deal with the drainage ditch issue associated with storm water run-off. pc: USR-1473 1/120 to 1,R.AINAFrE 'bES tGN ►5 el( , PE& C oPJI,E4 s Ar/OhJ O) ThAv4G , oil er7/P/ 3�.�N070i � /04 /7<Q5 Y JSE BY SPECIAL REVIEW USR 1473 MW. 1/4, SECTION 29, TOWNSHIP 5 NORTH, RANGE 66 WEST PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AN ------------------------- i Cl . CZ./ SET PIN/CAP 11399 1 FRAME STORAGE OF VEHICLES 30'1/2 ROW GARAGE AND OTHER MATERIALS NOT PERMITTED IN THIS i N AREA I r. N. N a 0 C 2 RAIL (4'i1sircENCE WILLII v ROW RE$ERVRii()N Q • J t Nib e N O coo O p 1-9 Nj , o _ I Page 1 of 1 Brad Mueller From: Brad Mueller Sent: Wednesday, April 04, 2007 4:09 PM To: 'glen@glendroegemueller.com' Subject: Kerberliein revised plat Glen, I received the revised plat that you mentioned would be coming when we last spoke. Public Works is still reviewing it, but I wanted to give you a head's up that none of the items from the second page of my October memo (attached) got revised on it (dimension buildings, show landscaping, parking spots 19', etc.). I wouldn't have the draftsman change anything until we hear from Public Works, but I thought you should be aware that what we got was only half-corrected. Thanks, Brad nninniflnn-7 GLEN DROEGEMUELLER Attorney at Law glen@glendroegemueller.com February 20,2007 Weld County Planning Department GREELEY OFFICE Mr. Brad Mueller and Mr. Roger Caruso FEB 2 1 2007 Weld County Department of Planning Services 918 10th Street Gr eeley, RECEIVED CO 80631 a Re: USR-1473 Dear Brad and Roger: As a follow-up to our recent meeting regarding USR-1473, please be advised of the following. It is our understanding from conversations with the Weld County Department of Building Inspection,the existing metal sheds located on the property do not require modification as part of the USR approval. The use of those sheds is not changing and we have been told by the Department of Building Inspection that no modification of those sheds is required. We are aware of the concerns raised by the City of Greeley in their referral response letter dated May 3, 2004.The applicant has attempted to address the concerns raised in the letter in the application submitted to Weld County and approved by both the Planning Commission and the Board of County Commissioners. As a matter of information the majority of the concerns raised by the City of Greeley dealt with compliance with codes,and regulations of the City of Greeley as though the property was located in the City of Greeley,Colorado. The property is not being developed in an urban environment, and many of the concerns are impossible to address because of the location of the property. The property is not located in the long-term growth area of the City of Greeley and the cost of compliance with the concerns raised by the City of Greeley, Colorado is prohibitive nor is it required by Weld County. I am also enclosing a photocopy of a letter directed to David Bauer of the Department of Public Works which summarizes the conclusions reached in a meeting with the Department on February 15, 2007.Mr. Keberlein and 1 will meet with the surveyor who will prepare the revised USR plat and once the piat has been placed in a form acceptable for recording, I will provide a paper copy to you for review. It is my understanding after your review is complete we will then make any changes necessary as a result of the review and submit a mylar for signature and recording. Thank you for your continuing cooperation in this matter. Sincerely yours, Glen Droege u ler GD:lc pc: Tom Keberlein 1035 37a'Avenue Court,Greeley,Colorado 80634 Telephone: (970)304-0362 Fax: (970)353-4040 GLEN DROEGEMUELLER Attorney at Law Weld County Planning Department GREELEY OFFICE glen@glendroegemueller.com FEB 2 1 2007 February 20, 2007 RECEIVED Mr. David Bauer, Senior Engineer Weld County Public Works Dept. P.O. Box 758 Greeley, CO 80632 Dear Mr. Bauer: The purpose of this letter is to follow-up our conversation on February 15, 2007, in your office.Two issues were discussed during that meeting regarding the finalization of USR 1473 by Mr. Keberlein. The first issue is the formalization of the relocation of the fence on the eastern edge of the property. Please be advised no later than June 1, 2007,the perimeter fence on the northeast portion of the property will be relocated in accordance with the drawing provided to the Weld County Department of Planning Services on August 30, 2006. The fence will be located at the southeast corner of the garage and then proceed in an easterly direction to a point where it intersects the existing fence and then the fence will continue in a southerly direction as it is presently in place. The idea of the fence is to prohibit access to the property on the north side of the existing home. It is our understanding the Department of Public Works has approved this fence location and it will be shown on the revised USR plat to be submitted to the Department of Planning Services. The second issue discussed in our meeting was the redesign of the storm water detention on the property. The final USR plat will be revised to show a drainage ditch which will begin just beyond the existing storage shed at the northwest corner of the property and head in a southerly direction past the building which has been constructed on the property and then turn east and continue in an easterly direction until it connects with the existing drainage ditch on the west side of Three Rivers Parkway. The eastern edge of the existing drainage ditch and the spillway into the ditch will be improved with riprap to diminish potential for erosion in a major storm. It is our understanding the revised drainage ditch is acceptable to the Department of Public Works. Thank you for your continuing cooperation in this matter. Sincerely yours, Glen ter GD:Ic pc: Tom Keberlein Brad Mueller Roger Caruso 1035 K/th Avenue Court.Greeley, Colorado 80634 Telephone: (970) 304-0362 Fax: (970)353-4040 - a *el" DEPARTMENT OF PLANNING SERVICES 918 10'h Street GREELEY, COLORADO 80631 I WEBSITE: www.co.weld.co.us C E-MAIL: bmueller@co.weld.co.us EXT. Xc 572 O PHONE (970) 353-6100, ET 3572 FAX (970) 304-6498 COLORADO October 25, 2006 Glen Droegemueller, Attorney At Law 1035 37th Avenue Court Greeley, CO 80634 RE: USR-1473 Tom Keberlein Outstanding completion items Dear Glen: Thank you for your recent coordination on the issue of the misplaced fence on Mr. Keberlein's property, done in coordination with a Use by Special Review (USR-1473) that has been conditionally approved by the Board of County Commissioners, but not recorded. With this issue conceptually resolved, we look forward to working with you to complete the process and record the USR. The following items from the Board's Resolution 2004-1653 on July 7, 2004, have not been addressed, or could not be identified in the file processed by Sheri Lockman (no longer working with our Department): ✓ o The applicant shall submit written evidence form the Weld County Department of Building Inspection indicating that the existing metal shed meets all their requirements or that the appropriate building permits have been submitted for the proposed change in use. (Item 2.C) o The applicant shall attempt to address the requirements (concerns)of the City of Greeley, as stated in the referral response dated May 3, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Item 2.D) o The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements (access drive, parking areas, plant materials, fencing, screening, etcetera)and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Item 2.F) o In addition, the plat shall be modified to address the following: o The fence line at the northeast corner of the property shall be shown as discussed and Y identified by type (i.e., height, split-rail, etc.). o All buildings shall be dimensioned. p o The term "ROW reservation"shall be replaced with "future ROW." 9 o The plat shall indicate the drainage area as specified in the documents submitted through North Star Design, Inc. (including the approved outlets, swale along the south property line, etc.) Please note that this will necessitate the relocation of the trash enclosure shown on the draft plan. (Item E.1) o Parking spaces shall be shown as 19' in length with curb stops provided. Parking screening shall be shown. (Item E.2) }� o The Landscape/Screening plan shall be added. (Item G.2) Please note also any reminders or corrections provided by the Department of Public Works. Thank you for addressing these outstanding conditions of the Board of County Commissioner's approval. If there are any questions, please do not hesitate to contact me. Sincerely, Brad Mueller Weld County Planning Services Attachment: Public Work memo dated 10/24/06 2 Weld County Pa:: ::Plamoo,, Department Cr?1FLF'Y OFFICE rt7itsit: MEMORANDUM RECEVED TO: Brad Mueller, Planning Services DATE: 10/24/2006 COFROM: Donald Carroll, Engineering Administrator i'"- � SUBJECT: USR-1473, Glen Droegemueller/Tom Keberlein COLORADO Planning Services is requesting verification of the fencing relocation and the storm water drainage associated with the site. On October 24, 2006, I visited the site to verify these two items. The three-row fence has not been relocated as per the drawing provided to us as of August 30, 2006. Northstar is the engineer that provided the storm water drainage plans and calculations. Utilizing the drawing submitted, the retention pond, storm water culvert, open swale ditch, and the installation of hay bails for erosion and silt control have not been installed per the drainage and erosion control plan. Both these items should be shown on the final plat drawing and identified. If there are additional items associated with finalizing the USR, Weld County Public Works would support you in having the applicant post collateral to finalize these items. pc: USR-1473 M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1473-C.DOC ` Meld County Planning Department GREELEY OFFICE t(1:41 MEMORANDUM `EP 08 , 1006 ► rie RECEIVED TO: Brad Mueller, Planning Services DATE: August 31, 2006 ' FROM: Donald Carroll, Engineering Administrator SUBJECT: USR-1473, Keberlein COLORADO The applicant is proposing to relocate the three-rail fence at the intersection of WCR 54 and 27.5 (Two Rivers Parkway). In evaluating the sight distance, utilizing the AASHTO (green book for highway and street design), I have included two exhibits, the original plot plan, the aerial identifying the sight distance triangle and how it effects the intersection and structures. By relocating the fence out of the existing site triangle, this should help that intersection. As the applicant is aware that future right-of-way for full build out reflects 140 feet in both directions at this intersection. The applicant has reserved 70 feet in both directions for build out. When the widening occurs at the intersection, the sight distance triangle will need to be reevaluated as a part of the improvements. I am agreeable to relocating the fence as a temporary solution to the existing sight distance at the intersection as an improvement. pc: USR-1473 M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR473-B.DOC SIGHT DISTANCE AT INTERSECTIONS O• -- 730 C a v J O _ 0 U N + : w, O C - L U U w _ t O N CO I'M cn cil cn re) o c C Ny 'r` cu Ocn O] .- co c000 r`1 — N 'a o �, C a� co �n cn �t croNNN c E °J E u -- — o a' ` y f— I a) E cp a m a I z• uJ E L ° a In r a, 7, W Z ° U a Lc M C t y 0 C O ° O o > >- ° o E U 0 F W ® j Z o _ i _ I- O 0_ O o U1 O - O N Q C3 a ° > >. o c O - I � 0 s = l.J I EL °'— ° L) m C Z O `- O J O Z o -om0a> � _ Z c7 CD a+ � .n -o U U1 U a E o -n0° U u- 0_ a = O = O ~ m a) r = = N n a) E - -o cc W —a. ai H - .) a) I—w Z O ^ W E 'S °' y °' 2 U •o n • f/ Q'gconn �n croroN ;J ° a) - c a) N u N _i E a ' v o 0_ O - - � 0 n oO 3 O 2 _ � a -a - _r — ° U U a+ a>_ a a_ 1 `� �71 c ° _ o D . C U L CURB L o - _ ) I _ m U-o� E < < - o D e- I I • O NOTE: L.O.S. MUST BE WITHIN R.O.W. 1 SIdHT DISTANCE DEVELOPED FROM AASHTO "GREEN BOOK" •1 ♦ 31..: Jv ' - ) ,'. "Lr • .: w ad.::,,....••:•.-••:), :::,..--• ,i : ,4:-s• calf i- W .. `fn's '1 ` T �`r" #�E �: sg sx �Y i ' x i= 1 1. 1- al �o ' ` n• • S 5 fit 7. J ^ .+v F • �' ,••.R i• m ..X.1 • j ty a « X 11 • • •.:•• ,, )- 1 «a .,b A ',. ,� as ..4 c 4/ '' x "s.A' y 4 . I' s,`. r . srJ ey-•� �. - a .l:..,..;,.:•-•.....r...... g1 L r r� 's< f "+` + ' "` '; " b. ice .ty.�2y-. �• :•" - xt >:_ a '_;. �h _ , . tit � , a oir t ` 1. • gr.,,: ♦ a ♦ :/""."•:4•{4. , , 1 r•41 ♦� a • ! ss • r .. 1 9, mt '.y .nYu R' ₹ ;44,....,..,...t44- y€� a , '�R4� •• r•r. 1 FS,A •t • `C` !>�. K � A}'4j,• YJV%•Wr '• ` r,#c, {\ .%, ,.sl ..., Ali, � ~ ! I til 1 .1l*If L1 9YNi, s •�, J .' ,1 . li w .• .. :;. :;₹. x S D..,• .. �'•^?nal•� � t � �s'�a x� 5,1 >3 i :. oaaw A, �:: � � Y t.. ti ..�y.,,....„[,�R)S#rS � >� ....nf : .«x,�z.�' x"'ax^�-,,x cmn>t .°"""+.c+ot�.•. w a :Y?YA`e&ek�ss�F: I • a "8 3 .. �m'x'^'xiE33"�riMd v`by�,xAA"„u+em£r„ :„[•a.•.•-.rg r�k 5x8 :: fE 8 ; -;En::::•R R ..r.:#y.[.. Y r ':a 1i 1� •?.1 IR M :♦ .. ... .. i • 1 R Q • b:,.:• !F---- .• iiir. s. ,s _ . s.. . . . . . ...... .. .. ... ..,. . ... .__ ____ . _ ....,,....,........,..,..;....„...!.....:,.....„...,......:::...,.:..;::::::: ::„.;...:::......,:.,..:: ...„:,..„.,....:..;,:::,..,‘„..:i.9._ __. „..c.x. .;„..........:::....,.....:::.......:::...Q..s..„....:.....:: : ..... 1 rr6T -• ... - : .. .. .... . . ... • • L ✓ , .. _ n i T ....: [x 5 F x KKK _ .. ., 'v.: l ...."IrE••••••:": a • I • • .. L• r. r� .. r E -.4.,...i.: .::.: Sd 83..8 a t ,<7 r= ..r:',:•9- Page 1 of 1 Brad Mueller From: Donald Carroll Sent: Monday, August 28, 2006 11:22 AM To: Brad Mueller Subject: RE: Keberlein fence Update ! This weekend there was a semi-tractor trailer, and a 5th wheel camp trailer for sale, by the corner on the property. From: Brad Mueller Sent: Monday, August 28, 2006 11:12 AM To: Donald Carroll Subject: Keberlein fence I've just rec'd a revised plan showing a relocated fence that may (or may not)work for our purposes. What's the best way to get it to you? Our inter-office mail will go out at 1:30— I'll send then if I don't hear from you. 08/22/2006 ` Weld County Planning GLEN DROEGEMUELLER Department e^LLLLI urf'icE Attorney at Law JUL 2 8 2006 RECEIVEDglen@glendroeoemueller.com July 27, 2006 Brad Mueller Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: USR-1473 Tom Keberlein Dear Mr. Mueller: It is my understanding you have taken over as the planner responsible for USR-1473. I have represented Mr. Keberlein from the outset of application and he indicated to me concerns have been expressed regarding the location of the fence on the north and east boundaries of the property. Mr. Keberlein also indicated you had a conversation with Public Works who had indicated they believe the fence should be removed. I have met Mr. Keberlein at the property and we believe the fence should remain in its in present location. As you are aware, there was a requirement the north access to the Keberlein property from WCR 271/2 be closed as a part of the approval of the use by special review. The fence accomplishes this objective. In addition, the fence prevents anyone from utilizing a portion of the Keberlein property to pull off of WCR 54 while headed in an easterly direction and utilize the Keberlein property to turn around and then reenter onto WCR 54 in a westerly direction. On prior occasions both Mr. Keberlein and I observed individual drivers make this decision which to us represented a greater traffic hazard than the location of the fence. Both Mr. Keberlein and I believe the location of an existing frame garage which is the furthest building to the east creates a site line problem for traffic headed in a northerly direction on WCR 27 '/2. As drivers approach the intersection, they must pull beyond the site line of the building in order to see on coming traffic from the west. It is the building not the fence line which causes drivers in a northerly direction to complain. You may not be aware of this issue, but the Commissioners initially were inclined to discuss a compromise with Mr. Keberlein which would allow the removal of the garage to have occurred. Ultimately, the Commissioners decided the cost of demolition of the garage would be prohibitive and decided not to compensate Mr. Keberlein for the garage or its removal. I would appreciate you contacting Public Works and discussing the issues raised in this letter with Mr. Carroll. Our belief is to accomplish the closure of the northern access requires a fence. Any other material which would be put in place to close the access such as a berm would create an even greater traffic hazard. We also believe the present location of the fence discourages any driver headed in an easterly direction from pulling onto the Keberlein property to turn around 1035 37th Avenue Court, Greeley, Colorado 80634 Telephone: (970) 304-0362 Fax: (970) 353-4040 Page 2 July 27, 2006 and head west. In our view this is a greater hazard than the present location of the fence. On behalf of Mr. Keberlein, I am asking Weld County to accept the fence in its present location, notify Mr. Keberlein in writing of the decision so he can deliver the mylar to Weld County for recording and conclude the USR-1473. Please notify me at your earliest convenience whether the fence can remain as built. Sincerelyurs, ALy Glen Droegemue r GD/alr Cc: Tom Keberlein 1035 37th Avenue Court, Greeley, Colorado 80634 Telephone: (970) 304-0362 Fax: (970) 353-4040 Page 1 of 1 Sheri Lockman From: Pam Smith Sent: Wednesday, April 27, 2005 11:06 AM To: Sheri Lockman Subject: Tom Keberlein's septic permit was approved by Board of Health yesterday...he's headed your way this week for permits. rld/1 7I')MS Page 1 of 1 Sheri Lockman From: Pam Smith Sent: Thursday, March 31, 2005 9:18 AM To: Sheri Lockman Subject: Tom Keberlein update Tom applied for a septic permit this morning and I'm going to do an inspection this afternoon of the property. The permit(SP-0500106) and variance to the well setback has to be approved by Board of Health April 26th and he will probably wait until that approval is granted to install the system. I'll keep you informed of the progress. Pam nvi i')nnc Page 1 of 1 Sheri Lockman From: Pam Smith Sent: Tuesday, March 22, 2005 4:49 PM To: Sheri Lockman; tke2@msn.com; Charlotte Davis Subject: Keberlein/USR-1473 Sheri, An update -Tom was supposed to apply for a septic permit by the end of last week (March 18, 2005). I just checked Permits Plus and he hasn't done that yet. I also haven't heard from him, so don't know what's going on. If I hear anything I'll let you know. Pam n'1 Inn/r1/1AC Page 1 of 1 Sheri Lockman From: Pam Smith Sent: Tuesday, March 15, 2005 3:09 PM To: Sheri Lockman Cc: Charlotte Davis; tke2@msn.com Subject: Tom Keberlein USR-1473 Sheri, Just wanted to let you know that Tom came in today with his perc test and engineer design and we discussed options for placement of his system. He said he'd be back by the end of the week to apply for the permit. Pam !VI H C Vl/Vlt 0 CS OTIS, COAN & STEWART, LLC Attorneys And Counselors At Law Glen Droegemueller gdroegemueller@ocslaw.com VIA EMAIL: slockman(atco.weld.co.us March 9, 2005 Sheri Lockman ISDS Program Coordinator Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: USR 1473, Tom Keberlein Dear Sheri: The purpose of this letter is to update you on actions being taken by Mr. Keberlein in response to your letter of February 9, 2005. Mr. Keberlein has met with Pam Smith, ISDS Program Coordinator regarding the location of the existing septic tank and leech field. Subsequent to that conversation, Mr. Keberlein retained Tom Cope to design a septic tank system and leech field which would serve both the house and the office within the storage facility and meet the criteria established by Pam Smith during her meeting with Mr. Keberlein. The design has not been completed by Mr. Cope but should be completed by the first of next week. Mr. Keberlein will then submit that plan to Pam Smith for review and approval. With respect to the building permit issues, it is Mr. Keberlein's understanding that building inspectors will not review his property until the septic tank and leech field issue have been resolved. As a result, he has not made contact with the building department, but will do so once the septic plan is approved. It is his belief that both the septic and building inspection issues can be resolved within the next 45 days. As events occur, I will update you by subsequent emails. Thank you for your continued cooperation in this matter. Sincerely yours, Glen Droegemueller GD:kw cc: Tom Keberlein (Via Fax) 0 DEPARTMENT OF PLANNING SERVICES 918 10`h STREET GREELEY, COLORADO 80631 WI ' C WEBSITE: www.co.weld.co.us E-MAIL: slockman@co.weld.co.us 0 O PHONE (970) 353-6100, EXT. FAX (970) 304-6498 COLORADO February 16, 2005 Mr. Glen Droegemueller Otis, Coan and Stewart, LLC 1812 56th Avenue Greeley, CO 80634 RE: Septic System Issues for USR-1473, Tom Keberlein Dear Mr. Droegemueller: On December 9, 2004 I inspected the septic system for the above property and found discrepancies between the septic permit for the property (G19760013) and what was observed on the site. They are listed below: 1. The septic permit (G19760013) information states that the septic tank lies directly west of the house, with the absorption field lying in a southwesterly direction 2. During the site inspection December 9, 2004 I found a well house in the approximate known location of the septic tank. No mention of this well was found on the septic permit or in the USR application. There is a concern that the well/septic system setbacks do not meet code. 3. Additionally, from inspection observations (cleanouts at the new building and the house) it appears that both the new building with office and the existing house are connected to the existing septic system. Also, from these observations, it appears the tank is located south or southwest of the house. Based on known information, this would place the location of the absorption field in or partially in the cornfield to the south. This cornfield is not part of this property, meaning it appears the septic system is not located on the property. 4. A condition of USR-1473 was that the house would be converted to office space only. Since that time, the office space has been placed in the new building, and the house is under lease until October 2005 (Mr. Keberlein's statement during a site visit January 11, 2005). The septic system now serves multiple buildings. The system must be evaluated by a registered professional engineer for these uses. The engineer evaluation must show calculations for the home and the office (including all employees and visitors)that may arrive at the site. This evaluation must be signed and stamped by the engineer. Based on the visual discrepancies with the septic system, the Department questions whether the permitted system (G19760013) is for this property or if the system has been altered since originally installed. It is the applicant's responsibility to provide this office with documentation on the location of the septic system components, the size of said components, and a site map of septic system location in relation to the well, the house and the new building. The engineer evaluation as described above must also be submitted. Unfortunately, due to the discrepancies concerning the location of the system, our Department cannot proceed with the approval of the system without this information. If you have any questions, please feel free to call me at (970) 304-6415, extension 2211. Sincerely, Pam Smith ISDS Program Coordinator O:\PAM\Planning\USR\USR-1473 Pcause letter-septic problems.doc rs t‘t\i DEPARTMENT OF PLANNING SERVICES 918 10'" STREET GREELEY, COLORADO 80631 Wlip WEBSITE: www.co.weld.co.us E-MAIL: slockman@co.weld.co.us C. PHONE (970)30, EXT. 3540 FAX 070) 304-6498 COLORADO February 9, 2005 Mr. Glen Droegemueller Otis, Coan and Stewart, LLC 1812 55th Avenue Greeley, CO 80634 RE: USR-1473, Tom Keberlein Dear Mr. Droegemueller: The Department of Planning Services has reviewed your letter dated December 30, 2004. Planning Staff agrees that the changes made are not substantial and should not cause an amendment to the USR. Our concerns lie in the fact that the changes were made without notice to the appropriate departments and the required building and septic permits were not obtained. Development Standard #32 reads: The 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. Planning Staff is asking that the appropriate building and septic permits be submitted to Weld County. A letter stating that the building or septic permit was not required may also be obtained from the Department of Public Health and Environment or Building Inspection and forwarded to the Department of Planning Services. Please contact Pam Smith with the Weld County Department of Public Health and Environment to determine what, if any, septic permits will be required. Planning Staff will not record the plat for USR-1473 until permits, if required, are finaled by the Departments of Building Inspection and Public Health and Environment. If the appropriate permit applications are not received within 30 days of this letter and diligently pursued, Planning Staff will schedule a probable cause hearing. If it is determined at the hearing that there is probable cause that you are not in compliance with USR 1473, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. Please contact me at the above phone number or address if you have any questions or concerns. Sincerely, AIL oika Sheri Lockman Page 1 of 1 Sheri Lockman From: Charlotte Davis Sent: Wednesday, February 09, 2005 12:09 PM To: Sheri Lockman Subject: RE: USR-1473 Sheri, The letter looks great keep me posted. Char From: Sheri Lockman Sent: Wednesday, February 09, 2005 7:32 AM To: Charlotte Davis Subject: RE: USR-1473 That would help. Sorry From: Charlotte Davis Sent: Tuesday, February 08, 2005 5:17 PM To: Sheri Lockman Subject: RE: USR-1473 Sheri, You forgot to attach the letter -} Char From: Sheri Lockman Sent: Tuesday, February 08, 2005 3:21 PM To: Charlotte Davis; Pam Smith Subject: USR-1473 Let me know if this letter is ok with you. I will mail in in the morning if I don't hear from you. Thanks nninonnnc OCSOTIS, COAN & STEWART, LLC Attorneys And Counselors At Law Glen Droegemueller gdroegemueller@ocslaw.com January 14, 2005 Via E-mail: kogle(2ico.weld.co.us Mr. Kim Ogle Department of Planning Services Weld County, Colorado 918 10`h Street Greeley, CO 80631 RE: USR-1473 Applicant Tom Keberlein Dear Kim: The purpose of this letter is to follow up our conversation on the morning of January 11, 2005, regarding changes made by Mr. Keberlein to the property which was the subject of USR-1473. Subsequent to approval by the Board of County Commissioners of the application and during the course of the completion of the storage facility which had been approved, Mr. Keberlein moved the location of his office from the residential structure located on the east side of the property to the storage structure which was being constructed. Mr. Keberlein's rationale for the change was that the right-of-way for Weld County Road 271/2, when expanded, will require that the residential home be abandoned. Although the time of expansion of Weld County Road 271/2 cannot be determined, Mr. Keberlein decided it would be more cost effective to move the office now rather than in the future. As a part of that move, Mr. Keberlein made a second connection to an existing septic tank which now serves the residence house and the office component of the storage structure. After our joint conversation with Mr. Keberlein on January 11, 2005, he understands that his actions raised the possibility he made a substantial change to the USR and he is willing to mitigate those changes so the USR will comply with the intent of the original approval. Mr. Keberlein is willing to remove plumbing fixtures from the existing residence and essentially abandon any use of that residence beginning on May 1, 2005. The property is leased until April 30, 2005, by one tenant who is Andrew A. Richard. The terms of the lease agreement prohibit Mr. Richard from allowing any other person to occupy the premises without Mr. Keberlein's permission. The lease does not allow Mr. Keberlein to terminate the tenancy prematurely. The Doyle Building, 1812 56th Avenue,Greeley, Colorado 80634 Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 E-Mail: gdroegemueller@ocslaw.com Ms. Kim Ogle January 14, 2005 Page 2 However, Mr. Keberlein will assure the County that no additional leasing of the residence will occur subsequent to April 30, 2005. In addition, should Mr. Richard vacate the property prior to that date, Mr. Keberlein will have the plumbing fixtures removed within 10 days of Mr. Richards' vacation of the premises. Another issue which needs to be addressed in the mitigation is the location of the leech field for the existing septic tank. In conversation with representatives of the Department of Public Health and Environment, there is a concern regarding the location of the leech field for the existing septic tank. Mr. Keberlein is willing to work with representatives of the Department of Public Health and Environment to modify the location of the leech field if it is deemed necessary. It is our understanding the septic tank issue will not be addressed until the Department of Planning Services determines whether any additional hearings before the Planning Commission or Board of County Commissioners are necessary. Once that decision has been made, additional discussions and a resolution of the septic tank issue can occur with the Department of Public Health and Environment. In retrospect, Mr. Keberlein understands he should have contacted the Department of Planning Services prior to relocating his office to the storage building. However, his willingness to mitigate that decision by agreeing not to lease the existing house to any additional tenant beyond Mr. Richards as well as willingness to remove the plumbing fixtures eliminates the potential increased use of the property. With the actions proposed by Mr. Keberlein, the intent of the original application and the use approved by both the Planning Commission and Board of County Commissioners remains the same. What will have changed is the location of the office on the property, but not the use of the property as a storage facility. Mr. Keberlein was clear in his application there was going to be an office component that would be used by him on a limited basis by a bookkeeper on a limited basis. Those facts have not changed. It is our belief that no additional action before the Board of County Commissioners or Planning Commission is necessary. Mr. Keberlein is willing to bring the property in compliance with the initial use which was approved and regrets that he did not contact the Department of Planning Services at an earlier date. Sincerely yours, Glen Droegemueller GD:kw cc: Tom Keberlein Glen Droegemueller gdroegemuellerQocslaw.com December 30, 2004 Mr. Kim Ogle Via E-mail: kogle@co.weld.co.us Department of Planning Services Weld County, Colorado 918 10th Street Greeley, CO 80631 RE: USR-1473 Applicant Tom Keberlein Dear Kim: Sheri Lockman asked that I correspond with you in her absence regarding this USR Application. Mr. Keberlein initiated changes in the storage component of the USR after the Commissioners' hearing at which approval was granted. Mr. Keberlein believed the changes to be minor and did not contact Weld County. On December 10, 2004, Pam Davis inspected the property and identified concerns to both Charlotte Davis and Sheri Lockman regarding the septic tank system for the Keberlein property. The changes made by Mr. Keberlein include moving the office component of the USR from an existing frame house on the eastern part of his property to the storage building and including two bathrooms and attaching those bathrooms to an existing septic tank system. Mr. Keberlein's rationale for those changes was as the right-of-way for Weld County Road 271/2 is expanded in the future, the frame house will have to be moved because it is within the right-of-way. Rather than have to reestablish his office in the future, Mr. Keberlein thought it would be appropriate to establish a portion of the storage building as his office now. Having moved the office, Mr. Keberlein also felt that it was necessary to include two bathrooms in the new building. One bathroom would be utilized by anyone who was in the storage area and the second would be utilized by clients of Mr. Keberlein with whom he meets at his office. The consequence of moving the office to the storage was that the existing septic tank and leech field would require a second hook-up in order for the bathrooms to be functional. What has changed is the location of the use on the property but not the use of the property itself. In his initial application, Mr. Keberlein indicated there would be no permanent employees located on the property. That statement is still accurate. Mr. Keberlein comes to the building to Ms. Kim Ogle December 29, 2004 Page 2 complete office work daily but that office work does not take more than an hour and a half to two hours. At that point he is the only person on the property. Mr. Keberlein also has a bookkeeper who works on the property no more than 24 hours a month and those hours are based upon an as needed determination between Mr. Keberlein and the staff person. Other employees who will be on the site will be employees of Mr. Kebelein's business who are there to unload materials or load materials into the storage building. The intensity of the use of the septic tank system has not been increased by virtue of the actions taken by Mr. Keberlein. While there is a second connection to the septic tank, the number of people permanently on site has not changed. This is not a manufacturing facility rather it is a storage facility. The public is not going to use the facility on a regular basis for any type of retail location. There will be times when Mr. Keberlein meets with prospective clients at the site to discuss construction of residences or commercial structures which is what Mr. Keberlein's business consists of. Again, the intensity of the use on the septic tank is not increased by those meetings. With respect to inspections, Mr. Keberlein informs me that the foundation inspection occurred during the process of construction, a framing inspection occurred during the process of construction, and an electrical inspection incurred during the process of construction. If additional inspections are deemed necessary by Weld County regarding the completed structure, Mr. Keberlein will cooperate with those inspections. In December, Sheri Lockman informed me that the only three conditions which had not been met prior to the recording of the Use By Special Review Plat included the completion of an all- weather surface in the parking and driving areas which has now been completed, the fencing of the northern portion of the property so that the primary access would be from the south which has now been completed and the installation of landscaping in accordance with the landscaping plan which has not been completed. Mr. Keberlein will complete the landscaping prior to June 1, 2005, but does not want to start the landscaping in the winter months because it is not favorable for the survival of the landscape materials to be planted. After you have completed your review of this letter, please contact me so that we can arrange for a site visit if necessary at which you could be present as well as members of the Weld County Department of Environmental Health so any concerns regarding the septic tank could be addressed and resolved. Mr. Keberlein's intent was not to violate the conditions of the Use By Special Review approved by Weld County but rather to be proactive regarding the loss of the use of the frame house on the eastern end of the property. Both Mr. Keberlein and I are anxious to address the concerns of Weld County and resolve those concerns in the immediate future. Sincerely yours, Glen Droegemueller GD:kw cc: Tom Keberlein Page 1 of 1 Sheri Lockman From: Pam Smith Sent: Tuesday, December 21, 2004 10:01 AM To: Sheri Lockman; Charlotte Davis Subject: Septic system inspection for USR-1473 Sheri and Char, This is a follow up to the email I sent December 10, 2004 regarding the septic system inspection for U:SR-1473. I have not heard from either the applicant or his representative me regarding the issues I raised during the inspection. Until further information is received I cannot approved the septic system It appears that the use of the new building is in violation of the approved USR. It also appears that the existing septic system has been connected to the new building as well as the existing house, and that there is some question whether the septic system is fully contained on the property. At this time the septic system for USR-1473 is not approved. If you have any questions, please call me. Pam Pam Smith ISDS Program Coordinator Weld County Health Department ph 970-304-6415 x2211 fax 970-304-6411 to 4\1 MlVlA Page 1 of 1 Sheri Lockman To: gdroegemueller@ocslaw.com Subject: FW: USR-1473 septic system Good afternoon Mr. Droegemueller. I just received the attached e-mail from Pam Smith with the Weld County Department of Public Health and Environment. It appears that their are some inconsistencies with on site condition and what Mr. Keberlein stated in his USR application. The application stated the office would be in the home on site and that no employees would be based on site. Further, it does not appear that a building permit was issued for the offices within the building. Can you please discuss these issues with Mr. Keberlein. These issues will need to be resolved prior to recording the plat for USR-1473. From: Pam Smith Sent: Friday, December 10, 2004 4:30 PM To: Sheri Lockman; Charlotte Davis Cc: Trevor Jiricek Subject: USR-1473 septic system Sheri and Char, I made an inspection of the property to observe the septic system on 12/9/04. The USR application states that the existing house will be used as an office and the system which currently serves the house will serve the office after the conversion. During my inspection I found two cleanouts, one near the propane tank near the house, and one on the southeast corner of the new shop. As I was having trouble approximating the septic tank/leachfield location I went into the shop and talked to Amber, the receptionist 2-3 days per month. She informed me I needed to talk to Tom and I left my card. Besides the reception area I observed an office and conference/breakroom on the east end of the new building. From observations, it appears both the new building with office and the existing house are connected to the existing septic system. From the septic permit (G19760013)final diagram, the tank is directly west of the house with the absorption field lying in a southwesterly direction (dimensions: 78 feet long x 12 feet wide). Based on this information, visual observations, the location of the cleanouts and the drive patterns on the property, it appears the tank is possibly southwest of the house and the field is located in or partially in the cornfield to the south. The second possibility is that the absorption field is in the driveway and is being driven over. The Department would caution the property owner that driving over the septic system could cause the accelerated deterioration of the 28 year-old absorption field. A septic system off property is a whole other issue. I'd be happy to assist with recommendations, should that be the case. If you have any questions, let me know. Pam x2211 17/1'2/7nnn 1 North Star ask see design, inc. November 16, 2004 Tom Keberlein Keberlein Construction 2990 29th Avenue Greeley, CO 80638 Mr. Keberlein: This letter is in response to your request to evaluate an existing septic system at the southwest corner of Weld County Road 54 and Weld County Road 27.5 (7710 West 37`h Street). The septic system is currently serving a residential structure that will be converted to office use. This evaluation is based on the assumption that the septic system is adequate for the current residential use. The load on the septic system for the residential use was calculated assuming standard residential including a bathroom, kitchen sink, dishwasher and washing machine. The load for the future office use was then calculated using standard office including a bathroom and a bar sink. It was found that the load on the septic system will be substantially reduced by converting the existing residence to an office and that the existing septic system will be adequate for the office use. The physical condition of the existing septic tank and leach field were evaluated by Weld County on September 16, 2003 and the results are attached. The tank was last pumped on June 6, 2003. The physical condition of the existing system was not evaluated by North Star Design, Inc. If you have questions,please call. Sincerely (17 Patri a Kroet h, .E. 7OO Automation Drive, Unit I Windsor, Colorado 8O55O 97O- 686 - 6939 Phone . 97O - 686 - 1 1 88 Fax Zi'5-o( _ . . u,11i•htS , _.. ._.. root eiiei ` . DSPARTMEr( !P T • 1C SIAM RN if a tallill .• . ISSSN. 1 A f3RBELHY COLORAD0104U We nn: '.des V119 0)3044410 PU9GICHBAL7H EDUCATION ANlJR5 (9TION 7 e . FAX(970)304-6410 riNVIRONMENTAI.HEALTH SERVICES 070)3044413 COLORADO SSPTIC LOAN APPROVAL ' PAx(970)3016t11 CLOSING DATA: 10.17-03 ANODES? NO., 03-039 • • R*R- DATA ABCNIVED: 9-12-03 - flu loo.e4ss TO Colt flies CONCsRNe Review and inspection report regarding water and the sewage disposal listen for an existing dwelling, Nail To, s . Owner No. : (g) Owner No. : , (W) • wax To: Realtor No.. 970-519.5046 Pick DD, John Donley Pax No. , • INPORNASION, Address, 7710 West 37° Street, Gresl ' Legal: PT: PT, „' Age of Septic: 1I i f Subdivisions �� 9XC: J! T1�1 5 N RNGs 66 N '. = Property Owner, The agitate of Charles Yeia Original Owner: Remersell, Larry Tank Pumped on: 6.6-03 By: Sac N Dp - Licensed:Tee XX No PLRYIr ON RSCORD: Napes rannersell, Larry Permit No.: 015760013 O. Bathrooms: 1 bedrooms 3 Total Acres: 1.51 Date of Pinar ep ee Liont10, 1a 11-76 • Water Supply: C t real Tank y: Well Permit No. , N A".. " gallons Leachfield Sixes I . ....:.1 Square Petit INSP2CTIoN P21mlNgs, Date of 'Inspettion, September 16, 2003 SOIL CONDITIONS: Dry XX Saturated . XXSIDaNCs, Occupied XX Snow-covered SSNAO* DISPOSAL 3ISTs , Vacant BACTERIOLOGICAL actory 7tX Other - MATER ?SST: Acceptable XX Othes , DATE: C?. (%•cr3) �� } e" iInvi ` mss a1 Stealth Specialist Neither the County of Weld, nor say of its agents or employees undertake or amounts any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property in connection with either its examination of the property or in the report. • , This inspection was conducted solely for the purpose of detecting health hamards • observable at the time of inspection, and does not constitute a warranty that the systa is without flaw or that it will continue to function in the future. Inspections requeited during periods of snow cover end high soil saturation nay be of questionable value to • bacteriological duo to adverse eeaditiona. Meter ample reports reflect the based iological qualit y f the water supply at the tine the sample was Wten. •*valuations provides,. under oath, indisti q (S.O.i.) relies on infoaueion the property owner of his/her knowledge the ng currant status of the syst�pand erl representing to the best system is not failing to�aCticy y, Hay . 3 . 2004 11 : 44AM West ,-eelev Law Center tlo , 3893 D . 2/ OCSOTIS, COAN& STEWART, LLC Attorneys And Counselors At Law Glen Droegemuellar gdroege7nueller®ocslaw.com VIA FACSIMILE ONLY 304-6498 November 3, 2004 Sheri Lockman Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: USR 1473 Dear Sheri: The purpose of this letter is twofold. The first issue which needs to be addressed is storage of materials in a metal building on the northern boundary of the property. That building is over thirty years old and the cost to bring it into compliance with current building codes is prohibitive. Mr. Kebrelein has authorized me to notify Weld County that he is not going to utilize the building for any storage purpose in the immediate future. Should Mr. Keberlein want to utilize the building for storage in the future, he will contact the building department and update the condition of the building to comply with the building code then in effect. The second issue that needs to be addressed in this letter is a response to a letter dated May 3, 2004 from the Office of Community Development of the City of Greeley. In response to Kay Eyl's comments, please be advised of the following: 1. In accord with her request, the City of Evans was given the opportunity to review the application. 2. The building does have architectural features which help break up the expanse of walls. There is a combination of metal and stucco on the exterior of the building which breaks up the mass into smaller elements with those material changes. 3. The building will be screened on all sides to limit the view of the building from the public right of way. Ncv 2 2004 1 '11 :44AM West eelev Law Center No . 3893 D 3/3 Sheri Lockman November 3, 2004 . Page 2 4. The request regarding the planting of dogwoods and a grouping of evergreen trees 6' tall on the southeast/east edge of the property has not been incorporated into the landscaping plan submitted to Weld County. It is our belief that the southeast/east edge of the property should not have the trees suggested by the City of Greeley because of the site line problems of that intersection. The landscaping plan submitted to Weld County does provide for shrubs of lower height while at the same time preserving site lines to the intersection. 5. The comments regarding site access have been addressed by Weld County and the northern access on the eastern edge of the property will be closed and fenced off. The service or loading areas will be screened from view. All weather gravel surfaces will be installed where vehicles will drive and no outdoor storage will occur on site. Finally, appropriate setbacks are being maintained with the exception of the nonconforming use of the garage structures located on the north side of the property. Project review comments from Stephanie Lynch have not been addressed since those issues have been resolved with the Weld County Department of Engineering and the drainage report and the drainage design submitted by Mr. Keberline's engineer. If further questions remain, please feel free to contact me. Sincerely, ce �I.LQq Glen Droegemuel{ex� /gh Hello