HomeMy WebLinkAbout20061088.tiff LNORTHMOOR ACRES
NORTHMOOR ACRES HOMEOWNERS ASSOCIATION
January 30, 2006
Matthew Morrison
5491 Sage Ct.
Johnstown, CO 80534
Re: Covenant No. 6 of the Northmoor Acres Homeowners Association Covenant(No
commercial enterprise may be conducted)
Dear Mr. Morrison
The Board is aware of your request to Weld County for a zoning exception
regarding your home business. We have evaluated your situation and feel that your
business falls within the guide lines of the attached policy which the Board uses. Please
notify us that you agree. The Board supports your request to the County and if there is
anything we can do to assist please feel free to let us know.
Res - It'.
Jim Russo resident)
Northmoor Acres Homeowners Association
Board of Directors
cc: Bruce Fickel
Northmoor file
EXHIBIT
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F.O. Box 158 Johnstown, CO 80534
2006-1088
I
Page 1 of 1
Matt Morrison
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To: Jim Russo
Subject: RE: Letter and Policy
Jim,
Thanks for all the help.
I concur with the findings of the HOA board.
Again many thanks to yourself and the entire board.
Matt and Kristi Morrison
Morrison Engineering Inc.
Original Message
From: Jim Russo [mailto:JimR@dothill.com]
Sent: Tuesday, January 31, 2006 2:07 PM
To: moreng@att.net
Subject: Letter and Policy
Hi Matt,
Here is the letter and the policy. I hope this works for you. Let me know if there is any think I can
do.
Thanks Jim
EXHIBIT
2/1/2006
MEMORANDUM
TO: Planning Commission
DATE: March 21, 2006
COLORADO FROM: Kim Ogle, Planning Manager
SUBJECT: Matthew& Kristi Morrison
USR-1538
This case was continued from the January 17, 2006 Planning Commission hearing at the request of the
applicant to address the concerns of the Home Owners Association. The issues concerning this case
have resolved per letter from the Northmoor Acres Homeowners Association dated January 30, 2006 and
electronic memorandum of acceptance from Matthew& Kristi Morrison dated January 31, 2006.
The Department of Planning Services requests that case USR-1538 be placed on the Consent Agenda as
all issues appear to be resolved.
Staff is providing a copy of the Minutes of January 17, 2006 for your review prior to action of the Planning
Commission.
3. CASE NUMBER: USR-1538
APPLICANT: Matthew& Kristi Morrison
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Northmoor Acres Subdivision,2nd Filing,Lot 8,Block 4, being
part of the SW4 of Section 24,T4N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit
for a Home Business (Morrison Engineering)in the (A)
Agricultural Zone District.
LOCATION: East of Northmoor Drive on Sage Court, and 300 feet north
of CR 42.
Kim Ogle, Department of Planning Services, said that Matthew& Kristi Morrison have proposed
a Site Specific Development Plan and Special Review Permit for a Home Business and would like
the case to remain on the consent agenda. Mr. Ogle said Bruce Bickel,an attorney representing
Northmoor subdivision also wished to speak.
The Chair asked if any of the Planning Commissioners wished to remove this from the consent
agenda. As no one did,the Chair opened up the public portion of the hearing.
Bruce Bickel, attorney representing Northmoor subdivision, said he knows the county was not
charged with enforcing covenants but the Home Owners Association had some concerns with the
application,specifically item B.,page three regarding evidence of periodic use. He said there was
roughly nineteen hundred fifty(1950)square feet in the residence and a shop containing sixteen
hundred (1600)square feet. This equated to forty two percent which would be business related
and this was not an incidental use of the property. Additionally,the subdivision covenants state
no commercial enterprise shall be conducted from a home and this was clearly a commercial
enterprise. Mr.Bickel said the Home Owners Association Board of Directors would be conducting
their annual meeting in the near future to review this and other home related uses. He suggested
it would be appropriate to process this on two levels, because they would need to get the county
approval first and then face the covenant issue before this would be a legally accepted use for
either of the entities involved. Mr. Bickel suggested this case be delayed until the Home Owners
Association meeting February 25, 2006. Mr. Morrison asked Mr. Bickel if the Home Owners
Association had the power to determine or enforce the use. Mr. Bickel replied that the board of
directors would determine whether or not this would constitute a commercial use even though the
business was to be conducted totally within the residence and had no outside advertising or
outside impacts to the property. The Home Owners Association would not be taking any specific
Morrison USR-1538 Memorandum,page 1
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action but they would address applicants use.
Mike Martin,Vice President of the Home Owners Association,said they would be discussing this
application at the February 25, 2006 meeting and would like it to be removed from the consent
agenda.
Matt Morrison, 5491 Sage Court, Johnstown, CO, owner and operator of Morrison Engineering,
addressed the Planning Commission and said that he had discussed their annual meeting in
February, regarding what kind of businesses would be allowed in the subdivision, with the
president of the Northmoor Home Owners Association and that after that meeting there may not
be an opposing view on his business. Mr. Morrison requested that his case be continued.
Tom Holton moved that case USR-1538 be removed from the consent agenda. Mike Miller
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision.
Michael Miller,yes;Erich Ehrlich,yes;Tom Holton,yes;Bruce Fitzgerald,yes;Paul Branham,yes.
Motion carried unanimously.
The Chair asked Mr. Ogle to determine the next possible hearing date for this case. Mr. Ogle
replied that March 21,2006 in the Southwest Weld County Hearing room would be available.
Mike Miller moved that Case USR-1538 be continued to the March 21, 2006 hearing date. Tom
Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision.
Michael Miller,yes;Erich Ehrlich,yes;Tom Holton,yes;Bruce Fitzgerald,yes;Paul Branham,yes.
Motion carried unanimously.
Morrison USR-1538 Memorandum,page 2
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