HomeMy WebLinkAbout830174.tiff RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR EXPANSION OF A NON-
CONFORMING USE (FARM MACHINERY AND AUTO REPAIR SHOP) -
DANIEL L. AND DEBRA K. BAKER
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 , the Board of County Commissioners held a public
hearing on the 10th day of August, 1983 , at the hour of 2 : 00
o 'clock p.m. in the Chambers of the Board for the purpose of
hearing the application of Daniel L. and Debra K. Baker, 16090
Colorado State Highway 256 , La Salle, Colorado 80645 , for a Use
by Special Review for expansion of a non-conforming use (farm
machinery and auto repair shop) on the following described real
estate, to-wit:
Part of the NW4, Section 23 , Township 4 North,
Range 66 West of the 6th P.M. , Weld County,
Colorado
WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the re-
quest of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented
in this matter, and having been fully informed, finds that:
1. The submitted materials are in compliance with applica-
tion requirements of Section 24 . 7 of the Weld County
Zoning Ordinance.
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24 . 4 . 2 of the Weld County Zoning Ordinance as follows:
a) The proposal is consistent with the Comprehensive
Plan policies because the expansion of the farm
machinery and auto repair shop does not infringe
on continued agricultural use in the vicinity or
County. The proposal does not appear to have any
adverse impacts on the agricultural interests of the
County or the environment.
b) No overlay districts affect the subject site.
c) The Town of Gilcrest has recommended approval.
830174
Page 2
RE: USR - BAKER
d) It is the opinion of the Board of County Commissioners
that the attached Operation Standards will minimize
impacts on surrounding uses and the area to the great-
est extent possible and provide adequate protection
of the health, safety and welfare of the inhabitants
of the area and the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the application for an
expansion of a non-conforming use (farm machinery and auto repair
shop) on the hereinabove described parcel of land, be, and hereby
is, granted subject to the following conditions:
1 . The attached Standards for use by Special Review be
adopted.
2 . The plat for the use permit be placed of record by the
Department of Planning Services staff prior to any build-
ing permits being issued on the site.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 10th day of
August, A.D. , 1983.
'-jy� /� BOARD OF COUNTY COMMISSIONERS
ATTEST: flaw- ( s'w..1Q,v iwn/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,t
and Clerk to the Board Chuck Carlson, Chairman
By �g tY r�-�it_d� i'T. ,
beputy
Count erk �n T. Mar in, Pro-Tem
APPROVED AS TO FORM: EXCUSED
2 ,"7" Gene R. Brantner
///, --7110-t-wr•ot— at-asot--
'' County Attorney Norman Carlson
EXCUSED
Jacqueline Johnson
DAY FILE: August 15 , 1983
OPERATION STANDARDS
USR-565:83:28
DANIEL L. AND DEBRA K. BAKER
1. The expansion of the nonconforming use on the said described parcel
of land shall be a thirty (30) foot by fifty (50) foot pole shed as
described in the submitted application materials.
2. The expansion shall comply with Section 24.5 et seq. (Design Standards
for Use by Special Review) of the Weld County Zoning Ordinance.
3. The expansion shall comply with Section 24.6 et seq. (Operation
Standards for Uses by Special Review) of the Weld County Zoning
Ordinance.
4. The Use by Special Review Permit shall be limited to the plans
shown hereon and governed by the Operation Standards stated above
and all applicable Weld County Regulations. Any material devia-
tions from the plans and/or Operation Standards, as shown or stated
above, shall require the approval of an amendment of the Use by
Special Review Permit by the Weld County Planning Commission and
the Board of County Commissioners before such changes from the
plans and/or Operation Standards shall be permitted. Any other
changes from the plans and/or Operation Standards shall be filed in
the office of the Department of Planning Servcies.
5. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Operation
Standards. Noncompliance with any of the above stated Operation
Standards may be reason for revocation of the Use by Special Review
Permit by the Board of County Commissioners.
RA:rg
HEARING CERTIFICATION DOCKET #83-47
RE: APPLICANT: DANIEL L. AND DEBRA K. BAKER
RE: USE BY SPECIAL REVIEW - EXPANSION OF A NONCONFORMING USE
(FARM MACHINERY AND AUTO REPAIR SHOP)
A public hearing was conducted on August 10 , 1983 at 2:00 P. M. , with
the following present:
Chuck Carlson Chairman
John Martin Pro Ten
Gene Brantner Commissioner, Excused
Norman Carlson Commissioner
Jacqueline Johnson Commissioner , Excused
Also present:
Acting Clerk to the )1-ard, Jeannette Sears
Assistant County Attorney, R. Russell Anson
Planning Department Representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated July 25, 1983, and duly
published on July 28, 1983 in the LaSalle Leader, a public hearing was held
for the purpose of considering the request of Daniel L. and Debra K. Baker •
for a Use by Special Review for an expansion of a nonconforming use (farm
machinery and auto repair shop) . Mr. Anson read this request into the
record. Rod Allison read the favorable recommendation, with conditions,
fran the Planning Commission into the record. Mr. Baker was present. Mr.
Baker gave a short presentation on what he plans to do if this request is
granted. After further discussion, Commissioner Martin moved to approve
• this Use by Special Review for an expansion of a nonconforming use (farm
machinery and auto repair shop) . Commissioner N. Carlson seconded the moLion
and it carried unanimously.
(;, r•. : 'r:.: '(" +3 wTZ vta-sk APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD , COLO
C C 1 n, airman
TAPE #83-83 Martin, Pro-Tem
DOCKET #83-47 EXCUSED
LHR2194 e Brantner
Norman Carlson
EXCUSED
Jacquline Johnson
-DO La: ro-`)w,i' 15, 3
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld
County Zoning Ordinance, 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
Use By Special Review are requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the Weld
County Planning Commission may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado.
DOCKET NO. 83-47 APPLICANT
Daniel L. and Debra K. Baker
16090 Colorado State Highway 256
LaSalle, Colorado 80645
DATE: August 10, 1983
TIME: 2 : 00 P .M.
REQUEST: Use By Special Review - Expansion of a nonconforming use
(Farm machinery and auto repair shop)
LEGAL DESCRIPTION
Part of the NW4, Section 23 , Township 4 North, Range 66 West
of the 6th P .M. , Weld County, Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: July 25 , 1983
PUBLISHED: July 28 , 1983 in the LaSalle Leader
LHR 2194
DATE : July 5 , 1983
1O: The Board of County Commissioners
Weld County, Colorado
ROM: Clerk to the Board Office
Commissioners:
If you have no objections, we have tentatively set the
Following hearings for the 10th day of August, 1983 at 2 : 00 P.M.
Docket No. 83-44 - Carroll V. SoRelle, USR-Two lots, each with a
single family dwelling unit per lot other than
those permitted under Section 31. 2 . 1 of the •
Zoning Ordinance
Docket No. 83-46 - Pantera Energy Corporation, USR-Gas processing
-plant
Docket No. 83-47 - Daniel L. and Debra K. Baker, USR-Expansion of
a nonconforming use
OFFICE OF THE CI,iERK TO THE BOARD
BY: SC( 7) , Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
fl
7nD ��TY l ,
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/
///c 1)/F'/
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSIC• � ,...
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI TONERS >' ,,,- )/!
Date July 19. 1983 Case No. USR # „'
APPLICATION OF Daniel L. and Debra K. Baker
ADDRESS 16090 Colorado State Highway 26-6, La Salle, Colorado 80645
Moved by Bob Ehrlich 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 application for
Expansion of a nonconforming Use located on the following described
property in Weld County, Colorado, to-wit:
Part of the NWk, Section 23, T4N, R66W of the 6th P.M. , Weld County,
Colorado
be recommended (favorably) ( ICKFAXX`7() to the Board of County
Commissioners for the following reasons:
1. The submitted materials are in compliance with application require-
ments of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Weld County Planning Commission that the
applicant has shown compliance with Section 24.3.1 et seq. of the
Weld County Zoning Ordinance as follows:
- The proposal is consistent with the Comprehensive Plan policies
because the expansion of the Farm Machinery and Auto Repair
Shop does not infringe on continued agricultural use in the
vicinity or County. The proposal does not appear to have any
adverse impacts on the agricultural interests of the County or
the environment.
•
Motion seconded by Wilbur Wafel
Vote: Abstain
For Passage Wilbur Wafel Impviceoutimutstc Fred Otis
Doug Graff
Paulette Weaver
Ed Reichert
Bob Ehrlich
Jack Holman
Jerry Kiefer
The Chairman declared the Resolution passed and ordered that a certified copy be
forwarded with the file of this case to the Board of County Commissioners for
further proceedings.
CERTIFICATION OF COPY
I, Bobbie Good , 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 July 19, 1983 and recorded in Book No. VIII of the
proceedings of the said Planning Commission.
Dated the 20th day of July , 1983 .
(a a. . r:7i\o cA.
Secretary
USR-565:83:28
Daniel L. and Debra K. Baker
A Use by Special Review Permit for expansion of a nonconforming use
Part of the NW1 , Section 23, T4N, R66W of the 6th P.M. , Weld County, Colorado
July 19, 1983
Page 2
- No overlay districts affect the subject site;
- The town of Gilcrest has recommended approval;
- It is the opinion of the Department of Planning Services staff
that the attached Operation Standards will minimize impacts on
surrounding uses and the area to the greatest extent possible
and provide adequate protection of the health, safety, and
welfare of the inhabitants of the area and the County.
These determinations are based, in part, upon a review of the information
submitted by the applicant, other relevant information regarding the
request, and the responses of the referral entities which have reviewed
this request.
The Planning Commission recommendation is conditional and based upon the
following:
1. The attached Standards for Use by Special Review be adopted;
2. The plat for the use permit be placed of record by the Depart-
ment of Planning Services staff prior to any building permits
being issued on the site.
RA:rg
Date: Ju_, 19, 1983
CASE NUMBER: 565:83:28
NAME: Daniel L. and Debra K. Baker
REQUEST: A Use by Special Review Permit for expansion of a nonconforming use
-LEGAL DESCRIPTION: Part of the NW4, Section 23, T4N, R66W of the 6th P.M.
LOCATION: Community of Peckham; west of Highway 85 and south of Highway 256
THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with application require-
ments of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services staff that
the applicant has shown compliance with Section 24.3.1 et seq. of
the Weld County Zoning Ordinance as follows:
The proposal is consistent with the Comprehensive Plan policies
because the expansion of the Farm Machinery and Auto Repair
Shop does not infringe on continued agricultural use in the
vicinity or County. The proposal does not appear to have any
adverse impacts on the agricultural interests of the County or
the environment.
- The proposal is consistent with the intent of the Agricultural
Zone District and provided for as a Use by Special Review;
- No overlay districts affect the subject site;
- The town of Gilcrest has recommended approval;
- It is the opinion of the Department of Planning Services staff
that the attached Operation Standards will minimize impacts on
surrounding uses and the area to the greatest extent possible
and provide adequate protection of the health, safety, and
welfare of the inhabitants of the area and the County.
These determinations are based, in part, upon a review of the information
submitted by the applicant, other relevant information regarding the
request, and the responses of the referral entities which have reviewed
this request.
-The Department of Planning Services staff recommendation is conditional
and based upon the following:
1. The attached Standards for Use by Special Review be adopted;
2. The plat for the use permit be placed of record by the Depart-
ment of Planning Services staff prior to any building permits
being issued on the site. -
P.A:rg
OPERATION STANDARDS
USR-565:83:28
DANIEL L. AND DEBRA K. BAKER
1. The expansion of the nonconforming use on the said described parcel
of land shall be a thirty (30) foot by fifty (50) foot pole shed as
described in the submitted application materials.
2. The expansion shall comply with Section 24.5 et seq. (Design Standards
for Use by Special Review) of the Weld County Zoning Ordinance.
3. The expansion shall comply with Section 24.6 et seq. (Operation
Standards for Uses by Special Review) of the Weld County Zoning
Ordinance.
4. The Use by Special Review Permit shall be limited to the plans
shown hereon and governed by the Operation Standards stated above
and all applicable Weld County Regulations. Any material devia-
tions from the plans and/or Operation Standards, as shown or stated
above, shall require the approval of an amendment of the Use by
Special Review Permit by the Weld County Planning Commission and
the Board of County Commissioners before such changes from the
plans and/or Operation Standards shall be permitted. Any other
changes from the plans and/or Operation Standards shall be filed in
the office of the Department of Planning Servcies.
5. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Operation
Standards. Noncompliance with any of the above stated Operation
Standards may be reason for revocation of the Use by Special Review
Permit by the Board of County Commissioners.
RA:rg
CASE SUMMARY SHEET
Case Number: USR 565:83:28
Size of Parcel: 1.2, more or less
Request : A Use by Special Review Permit to expand a non-conforming use
(farm and automobile repair shop)
Staff Member to Contact: Rod Allison
Possible Issues Summarized from Application Materials:
None; the Town of Gilcrest recommended approval of this request. The State
Highway Department has no objections. The Department of Planning Services
Staff has not received any objections to this proposal.
FIELD CHECK
FILING NUMBER: USR-565:83:28 DATE OF INSPECTION: July 11, 1983
NAME: Daniel Baker
REQUEST: A request for a Use by Special Review Permit to expand a nonconforming use
(Farm and Auto Repair Shop)
LEGAL DESCRIPTION: Part of the NWT, Section 23, T4N, R66W of 6th P.M.
LAND USE: N Highway 256; two residences and corn crops
E Highway 85; grain elevator and corn crops
S Weeds, Weld County Road 33 and corn crops
W Six residences, Hewes and Cook Ditch; Weld County Road 33, Corn Crops
ZONING: N Agriculture
LOCATION: Community of Peckham; west of Highway E Agriculture
85 and south of Highway 256 S Agriculture
W Agriculture
COMMENTS:
The new structure has been built onto the south end of Dan's Garage. The new
addition is no closer to Highway 85 than the existing structure. Access to the
property is from Highway 256. The new addition does not appear to affect the
historical drainage on the property.
BY: 4\7434\74\743-,Rod Allison, Current Planner II
RA:rg
APPLICATION
USE BY SPECIAL REVIEW
Department of Planning Services, 915 Tenth Street, Greeley, Colorado
Phone - 356-4000 - Ext. 400
Case Number US2: 56543.28 Date Received e.. .1 3 (5-7
Application Checked by KA
Application Fee ‘5:3`1- Receipt Number Izg 44
Recording Fee Receipt Number
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary
signature)
I (we) , the undersigned, hereby request hearings before the Weld County Planning
Commission and the Weld County Board of County Commissioners concerning the pro-
posed Special Review Permit of the following described unincorporated area of
Weld County Colorado:
nc S - -1% - Z-
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: '.- ') 1. Section L 3
R t k, W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit
is proposed: n.,:; VA Section Z3 T N, //R bb W
Property Address (if available) I(p()i j i F(tetl air CLC)G 0(.0 t ('0
PRESENT ZONE kI(.{I''1 l A4 0 , OVERLAY✓✓ZONES rot,
TOTAL ACREAGE ..JJJ I, Q a iv-
PROPOSEDp
LAND USE C16 r11 t .
EXISTING LAND USE
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name: , I4YI;Q � ) � C 1 P A'-
Address: -` City E [ �l,(�L_Zip yi(xo
Home Telephone # Business Telephone it )2((J'0
Name:
Address: City Zip
Home Telephone # Business Telephone #
Name
Address: City Zip
Home Telephone # Business Telephone #
APPLICANT OR AUTHORIZED AGENT (if different than above) :
Name: ,'^''y`;) n iP9. kk
Address: Ifc( 1C - t okttil ,`��Gity ei ' t Qc CAD ZiP S10Q'yr
Telephone #
Business _f Home Telephone # ��--�
Owners) and/or lessees of mineral rights on or under the subject properties
of record in the ►Weld County Assessor's Office:
Name: AI )i 11 1 n4 1 •1
Address: City I CY.19 rn, o ( Zip
Name:
Address: City Zip
Name:
Address: City Zip
I hereby depose and state under the penalities 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.
COUNTY OF WELD
STATE OF COLORADO )
4 1c J9 Ado
Signature: Owner or Authorized Agent
2
Subscribed aril.. sworn to before me this 2,2 day of c d 19 , 1.
SEAL `leraa� Coon,
N ARY PUBLI
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Case Number USR-565:83:28
k . A
y„_ K ' L--"}:;'�1��.T.r-:y :� DEPARTMENT OF PL4N'yI'JC SER ,CE_
0 z,;lrI`r�:. vi 21.
i�/ PHONE 130313564000 EXT.404
915 10TH STREET
I •J'�! 1199
fg GREELEY,COLORADO 80631
fWeld Co. Planning Commission June 21, 1983
COLORADO •
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Daniel L. and Debra K. Baker
for a Use by Special Review Permit for expansion of a Nonconforming Use
The parcel of land is described as part of the NWT, Section 23, T4N, R66W of the
6th P.M. , Weld County, Colorado
The location of the parcel of land for which this application has been submitted
is the community of Peckham; west of Highway 85 and south of Colorado State
Highway 256
This application is submitted to your office for review and recommendations. Any
comments or recommendations you consider relevant to this request would be ap-
preciated. Your prompt reply will help to facilitate the processing of the pro-
posal and will ensure prompt consideration of your recommendations. If a response
from your office is not received within 21 days of mailing from cur office, it
may be interpreted to mean approval by your office. If you are unable to respond
within 21 days (but wish to do so at a later date) please notify our office to
that effect.
Check the appropriate boxes below and return to our address listed above. Please
reply by July 7, 1983 so that we may give full consideration
to your recommendation.
1. We have reviewed this request and find that the request (does
does not) comply with our Comprehensive Plan for the following reasons: —
2. We do not have a Comprehensive Plan but we feel this request (is/
is not) compatible with the interests of our town for the following reasons :
3. A formal recommendation is under consideration and will be submitted to you
prior to
4. Please refer to the enclosed letter.
Sig / ,.. -7.,/ -9gency ate
Thank you very much for your help and co-operation in this matter.
Rod Allison, Current Planner II
RA:rg
(
STATE OF COLORADO
DIVISION OF HIGHWAYS ,e`
�pso of N i
P.O. Box 850 '2°
Greeley, Colorado 80632-0850 as
(303) 353-1232 l r P o��
July 6, 1983 `_`2�
Weld County
4---,,- SH 256
7/'i1 Baker Special
..,;/1,-J.:-.
^ " !.1/71-3, Review
��' V�L C^ � SW of Int. of
�`1„�3 )� SH 256 & SH 85
Weill et Planning---l DOH FILE 45100
mmission
Mr. Rod Allison
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Allison:
We have reviewed the Baker application for a Use by Special Review
Permit and have no comments.
Thank you for the opportunity to review this matter.
Very truly yours, •
ALBERT CHOTVACS
ACTING DISTRICT ENGINEER
/
. ug as Rames
District P econstruction Engineer
DDR:da
cc: A. Chotvacs
File: Crier-Jacobson
w/encl .
int
I
CNa: i-c3J.::
June 30, 1983 `( CL< ,
Mr. Rod Allison He s `•. '- -�
Department of Planning Services 4 \ 5 \</".-.Y\
915 10th Street 4 \ -z ? \e"v1/4;')
: 1:
Coorado 80631Mr. Allison,
� ��/i '�/%
fro
After reviewing the proposal, for expansion of a Non-
conforming use, by Daniel and Debra Baker the La Salle
Fire Protection District Board has no objections but
we would ask for the following. We would ask that the
paint booth meet the requirements of all County Codes
and Volume 3 Chapter 33 1977 Edition of the National
Fire Codes, Standard for Spray Application Using Flam-
mable and Combustible Materials. We would also ask to
be informed of compliance with these codes or we would
like to accompany the County Inspector on his final
inspection prior to the issuance of a Certificate of
Occupancy.
Thank-you for the opportunity to comment on this Pro-
posal.
Si c rely /,
G nu au, Fire Marshal
La Salle Fire Protection District
•
118 MAIN STREET P.O. BOX .41-'- i._A SALLE, COLORADO 80645
MAILING LIST
DANIEL L. BAKER
USR 565:83:28
Kevin Schmidt
Darwin Schmidt
Roy Schmidt
9256 Weld County Road 37
La Salle, CO 80645
Weld Grain Co.
c/o M.R. Stewert
18537 Weld County Road 46
La Salle, CO 80645
U.P. Stockyards
Greeley, CO 80631
Frank and Bonnie Eckhardt
21454 Weld County Road 33
La Salle, CO 80645
Mark Stewart
P.O. Box 278
La Salle, CO 80645
Melvin Dinner
1814 14th Avenue
Greeley, Colorado 80631
Alvin and Margaret Roth
Route 2, Box 236
La Salle, CO 80645
Arturo and Cipriana Ibarra
Box 493
La Salle, CO 80645
Francis Holmes
19461 Weld County Road 50-1/2
La Salle, CO 80645
Patresio and Renita Hernandez
20952 Weld County Road 33
La Salle, CO 80645
E.J. Fritzler & Co.
20730 Weld County Road 31
La Salle, CO 80645
Lloyd and Donna Ewing
15611 Highway 256
La Salle, CO 80645
Hello