HomeMy WebLinkAbout20022218.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST RUSSELL MORGAN FOR VIOLATION OF THE WELD
COUNTY CODE
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, Russell Morgan, VI #0000314, is allegedly in violation of the Weld County
Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 13th day of August, 2002, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Russell Morgan, property owner, was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until October 13, 2002, to allow adequate time for the property owner
to submit a Recorded Exemption application to the Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0000314 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Russell Morgan to remedy the violation of the Weld
County Code, and any other persons occupying the properties, any persons claiming an
interest in the properties, and any persons acting in active concert with the identified parties,
with an instruction for delay of action upon such referral until October 13, 2002, to allow
adequate time for the property owner to submit a Recorded Exemption application to the
Department of Planning Services staff.
2002-2218
iii Uivc'� PL0824
VIOLATIONS - VI #0000314 - RUSSELL MORGAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLO DO
ATTEST: )
nsawq
Glenn Vaad, Chair
Weld County Clerk to t • '0 iv
EXCUSED DATE OF SIGNING (AYE)
% David E. Lo , Pro-Tern
BY: 7%�
Deputy Clerk to the Bo�'.�`J V 22
M. J. Geile
D TO . M:
William H. Jerke
oLnty Att e EXCUSED
Robert D. Masden
Date of signature: .0'48
2002-2218
PL0824
1
DATE: August 7, 2002
VIOLATION NUMBER: VI-0000314
NAME: Mr. Russell Morgan
SITUS ADDRESS: 0502 E Hy 60 and 0522 E Hy 60
MAILING ADDRESS: 1864 Silverleaf Drive, Loveland, CO 80538
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Lot A of RE-750 also known as part of the W2NW4 of Section
6, T4N, R68W, of the 6th P.M. , Weld County, Colorado
TOTAL ACREAGE: 4 .44 Acres
CASE SUMMARY
October 11, 2000 Initial complaint received.
October 25, 2000 Initial inspection completed.
October 25, 2000 Five day compliance encouragement letter issued.
February 7, 2002 Property inspected. Property still in violation.
April 18, 2002 Violation letter issued.
June 10, 2002 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
Currently, there is a violation of Chapter 23, Article II (2) , Division 4, of
Section 23-2-200 .E and Chapter 23, Article III (3) , Division 1 of Sections
23-3-20, 23-3-20 .A, 23-3-30, 23-3-30 .F and 23-3-40 of the Weld County Code. To
bring the property into compliance the property owner shall reduce dwelling units
to 1 (one) per legal lot, complete and submit a recorded exemption or apply for
a Use by Special Review for multiple dwelling units.
The Department of Planning also recommends that the County Attorney authorize
legal action against any other persons occupying the properties, any persons
claiming an interest in the properties, and any persons acting in active concert
with the identified parties.
2002-2218
FAX TRANSMISSION kk
WELD COUNTY PLANNING OFFICES
WEBSITE: WWW.CO.WELD.CO.US JJ`
ld C4)1
E-MAIL:BSALZMAN@CO.WELD.CO.US (G�o
1 555 NORTH I 7TH AVENUE 'CT
GREELEY, CO 80631
(970)353-6100 ErT. 3540
Fax: (970)304-6498
To: Mr. Russ Morgan Date: August 5, 2002
Fax#: 970-669-9099 Pages: 1, including this cover sheet.
From: Bethany Salzman, Zoning Compliance
Subject: VI-0000314
COMMENTS:
Please be advised that I tried to contact you 3 times after we spoke and could never get through.
I spoke to the health department and they said that since you indicated that the septic tanks had a
date of 1999, you would probably just need to get permits for them. If you have questions, please
call (970)304-6415, Ext. 2210 and speak with Steve Wiatrowski (he's with the Health
Department, Septic Inspector). Either first thing in the morning or late afternoon is probably the
best time to reach him (7:30 - 9:00 or 3:00 - 4:30). Let me know if I can assist you in anything
else. Thanks
Bethany Salzman
Zoning Compliance Officer
INTERMILL LAND SURVEYING, INC.
1301 NORTH CLEVELAND AVENUE
LOVELAND, COLORADO 80537
Phone: (970)669-0516/Fax: (970)635-9775
LETTER OF TRANSMITTAL
DATE: August 5, 2002 PROJECT NO.: Russ Morgan
TO: Weld County Zoning
Attn.: Bethany Salzman, Compliance Officer
RE: Russ Morgan property
WE ARE SENDING YOU: (X) Delivery ( )Next Day Mail
( ) Attached ( ) Under Separate Cover
THE FOLLOWING ITEMS:
Quantity Description:
1 Complete packet for Recorded Exemption Submittal
(X)For your use ( ) For approval ( ) Reply requested
(X)For your files ( ) For signature(s) ( )Please return
( ) As requested ( )For review/comment ( ) Other
REMARKS: Dear Bethany;
I have enclosed a copy of the Recorded Exemption packet for Russ Morgan situate in the
Northeast Quarter of Section 6-4-68 (522 and 502 E. Hwy. 60, Loveland, CO.). Russ
wanted me to drop off a copy of the submittal packet for your records and information.
He is working through the Statement of Existing for the septic system and once that has
been completed, we will have a complete packet and can submit to the County Planning
Department for review. Feel free to call me at (970)669-0516 with any questions or
concerns.
Sincerely;
INTERMILL LAND SURVEYING, INC.
Steve Stencel, Project Manager
•
raTt-Lit
IlDDFP/.RTMENT OF PLANNING SERVICES
Code Compliance Division
if II O WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
COLORADO
• 5` N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100
Fax (970) 304-6498
June 10, 2002
Mr. Russell Morgan
1864 Silverleaf Drive
Loveland, CO 80538
Subject: VI-0000314, Lot A of RE-750, also known as part of the W2NW4 of Si :tion 6, T4N, RC: ' of the 6th
P.M., Weld County, Colorado
Dear Mr. Morgan:
The property referenced above remains in violation of the Weld County Code. I h„ clreduled r, meeting with
the Board of County Commissioners on August 13, 2002, at 10:00 a.m., to consiu'_ u ,-irdations occurring on
the property. As we discussed the above mentioned property is in violation of II Ie following Section(s)of the
Weld County Code:
Chapter 23,Article II, Div 4 "Uses by Special Review"
Section 23-2-200.E "If the Use by Special Review has not commenced from the date of.,.p royal o is discontinued
for a period of three(3)consecutive years,it shall be presumed inactive. The County sh:d. nitrate in administrative
hearing to consider whether to grant an extension of time to commence the use or rceol. r e Use I If Special Review.
If the Use by Special Review is revoked, it shall be necessary to follow the pro(edu rte; rid rr quirements of this
Section in order to reestablish any Use by Special Review."
Chapter 23,Article 111, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-20.A "One(1)single-family dwelling unit and auxiliary quarters per lep.0 • t."
Section 23-3-30 "Accessory Uses."
Section23-3-30.F "MOBILE HOME subject to the additional requirements of Article IV, I?. don 3 of this Chapter."
Section 23-3-40 "Uses by special review."
To bring the property into compliance the following option(s) are available:
Our records indicate that the mobile home previously permitted through USR-676 was stricn) -elated to the hog
farm. Since,the hog farm is no longer located on the property,the 2" mobile home shall be r-'thcr r I'moved or
somehow permitted. As we discussed over the telephone,the following options are available ow
1.) Recorded Exemption(RE)application, thus splitting the land into 2(two)separate ITS.
2.) Use by Special Review(USR)application,thus applying for a 2"Principle Dwelliny '-nit on the same
LOT. While you have indicated that you would also withdraw approval for a Hog Opr lion,this would
not be the principle need for a USR permit.
3.) Removal of the 2"(Accessory)Mobile Home,thus again maintaining only 1 (one)Principle Dwelling
Unit.
After a couple of discussions,it is my understanding that your intention is to go with the RE application,which staff
feels would be the best possible solution. For your convenience,I have enclosed a RE application, Please be advised
if the RE application has been completed and submitted prior to August 12, 2002, the Violation Hearing will be
cancelled.For questions, I would suggest that you come to the office and speak to one of our"On-Call Planners"
(Wednesday,7:30 a.m.-4:00 p.m.or Monday or Friday,12:00 p.m.-4:00 p.m.) Additionally,please be advised that
we have opened another location to better serve the public. Our other office is located at 4209 CR 24.5(East of I-25
and North of Highway 119). The Southwest office is open on Tuesdays and Thursdays, 8:00 a.m.-4:00 p.m.. No
appointment is necessary at either location because individuals are seen in the order they sign in. Additionally,to
e time for you and the planner,please bring this letter with you to the office.
vtorgan
Page 2
This meeting will take place in the County Commissioners'Hearing Room, First Floor, Weld County Centennial
Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance
to answer any questions the Board of County Commissioners might have about the violations.
Please also be advised that I will be taking video from the road or adjacent properties the business day before
or as soon as possible to the above mentioned Violation Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that
you were made aware of the nature of the violation including the action necessary to correct the violation, and
that you were given sufficient time to remedy this violation. If you have any questions concerning this matter,
please call me.
Sincerely, U.S. Postal Service
CERTIFIED MAIL RECEIPT
II (Domestic Mail Only: No Insurance Coverage Provided)
rL ry
Bethany Salzma ti
Ln
Zoning Compliance Officer r`
S Postage $
pc: VI-0000314 C
• Department of Planning Services o Certified Fee
Bruce Barker, County Attorney Lit Return Receip Fee Postmark
ru (Endorsement Required) Here
O E�cted Delivery
(Endorsement Required) d.
p Total Postage 8 Fees $
ni
ul Recipient's Name (Please Print Clearly)(To be completed by mailer)
O MR. RUSSELL MORGAN
Street,Apt No.;or PO Box No.
O 1864 SILVERLEAF DRIVE
O City State ZIP f 4
N Lb y AND CO 80538
•S Form 3800,February 2000 See Reverse for Instructions
SENaE•: CaM•LETETHISSECTIeN C•M•LETETHISSECTI•N•N •ELIVE•Y
• Complete items 1,2,and 3.Also complete A. Si. ature
item 4 if Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse X. ilV ,) Addressee
so that we can return the card to you. -
■ B. Received by(Printed Name) C. Date pfl livery
Attach this card to the back of the mailpiece,
or on the front if space permits. �i �---- `I
1. Article Addressed to: D. Is delivery address differentfrom item 1? ❑Yes
If YES,enter delivery address below: O No
MR. RUSSELL MORGAN
1864 SILVERLEAF DRIVE
LOVELAND, CO 80538
3. Service Type
Certified Mail O Express Mail
❑Registered ❑Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) El Yes
2. Article Number
(Transfer fromser4ce label) 7000 0520 0025 0404 7527
PS Form 3811,August 2001 Domestic Return Receipt
102595-0i-M-2503
SERVICE,TEAMWORK INTEGRITY,QUALITY
RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR HOG CONFINEMENT
OPERATION - LARRY ZIMMERMAN
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 3rd day of July, 1985, at the hour of 2:00 p.m. in
the Chambers of the Board for the purpose of hearing the
application of Larry Zimmerman for a Use by Special Review for a
hog confinement operation on the following described real estate,
to-wit:
Part of the NW' NW' NW; NEh, Section 6,
Township 4 North, Range 68 West of the 6th
P.N. , 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 request
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 this
request shall be approved for the following reasons:
1. The submitted materials are in compliance with the
application 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 intent of the
Weld County Comprehensive Plan. The Comprehensive
Plan encourages the development of agribusiness and
agriculturally oriented industry provided these
enterprises to not adversely affect the local
economy or environment.
850794
ptu
Page 2
RE: USR - ZIMMERMAN
b. The proposed use is an agricultural activity and
is, therefore, consistent with the intent of the
agricultural district.
c. The uses permitted will be compatible with the
existing surrounding land uses and with future
development of the surrounding area as permitted by
the Agricultural Zone District.
d. No overlay districts affect the site.
e. Use by Special Review Operation and Design
Standards provide adequate protection of the
health, safety and welfare of the neighborhood and
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application for a
Use by Special Review for a hog confinement operation 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 and placed on the Use by Special Review plat
prior to recording.
2. The prescribed Use by Special Review activity shall not
occur nor shall any additional building or electrical
permits be issued on the subject property until the Use
by Special Review plat has been delivered to the
Department of Planning Services Office and the plat has
been recorded in the office of the Weld County Clerk and
Recorder.
3. In the event the applicant chooses to utilize the
commercial wells on the property as a water source, the
applicant shall submit an augmentation plan acceptable
to the Division of Water Resources. The plan shall be
implemented prior to use of these wells in the proposed
operation. A copy of the augmentation plan shall be
submitted to the Department of Planning Services and
included as a part of the Use by Special Review
application.
1
Page 3
RE: USR - ZIMMERMAN
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 3rd day of
July, A.D. , 1985.
nn -J- BOARD OF COUNTY COMMISSIONERS
ATTEST: C2w� WELD COUNTY, COLORADO
Weld County lerk and Recorder
and Clerk to the Board J-cgu-line J son, Chairman
EXCUSED
: Gene R. Brantner, Pro-Tem
D puty County rc 49,/,7/4-9/
APPROVED AS TO FORM: C.W. ≥irbyi
7J 70r:ZOO
County Attorey
Fr nk Yam chi
OPERATION STANDARDS
Larry Zimmerman
USR-676:85:19
1. The uses permitted shall be a hog confinement .operation as
described in the application materials on file with the
Department of Planning Services and subject to the Operation
Standards listed herein.
2. The proposed mobile home shall be limited to use in
conjunction with the hog confinement operation.
3. The applicant shall comply with the design standards for the
Use by Special Review, Section 24.5 et seq. , of the Weld
County Zoning Ordinance.
4. The applicant shall comply with the Operation Standards for
Uses by Special Review, Section 24.6 et seq. , of the Weld
County Zoning Ordinance.
5. Representatives or members of the Weld County Health
Department and Weld County Department of Planning Services
shall be granted access onto the site at any reasonable time
in order to insure the operations carried out on the site
comply with the Operation Standards stated herein and all
applicable Weld County Regulations.
6. The Use by Special Review area shall be limited to the plans
shown herein and governed by the Standards as stated above
and all applicable Weld County Regulations. Any material
deviations from the plans and/or Standards as shown or stated
above shall require the approval of an amendment of the
Permit by the Weld County Planning Commission and the Board
of County Commissioners before such changes from the plans
and/or Standards are permitted. Any,other changes shall be
filed in the office of the Department of Planning Services.
7. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated
Standards. Noncompliance with any of the above stated
Standards may be reason for revocation of the Permit by the
Board of County. Commissioners.
Summary of the Weld County Planning Commission Meeting
June 4, 1985
Page 3
The Chairman called for discussion from the members of the Planning
Commission.
The Chairman asked the Planning Commission for their decision. Motion
carried unanimously.
MOTION:
Sharon Linhart moved Case Number Amended USR-542:85:16 for Associated
Natural Gas, Inc., to amend a Use by Special Review permit for the expansion
of a natural gas processing plant be forwarded to the Board of County
Commissioners with the Planning Commission's recommendation for approval
based upon the recommendations and conditions, as outlined by the Department
of Planning Services staff and the Operation Standards as outlined by the
Department of Planning Services staff and amended by the Planning
Commission. Motion seconded by Jack Holman.
The Chairman called for discussion from the members of the Planning
_. Commission. Discussion followed.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Sharon - yes; because she does understand
the concerns of the citizens and she is certainly sympathetic to them. But
this actually opens up a window of opportunity for us to require Associated
Natural Gas to install noise abatement that we didn't have before. It is
hoped that what we are doing will allow the company to offer an opportunity
for economic expansion as well as benefit the citizens who live in the area.
Jack Holman - yes; Louis Rademacher - No, because until they get this plant
quieted down they should not enlarge their operation. Paulette Weaver - No,
because as proposed she does not feel this is in the best interests of the
health, safety, and welfare of the residents of the County. Bob
Ehrlich - No. Motion is denied with two voting for the motion and three
voting against the motion.
CASE NUMBER: USR-676:85:19
APPLICANT: Larry Zimmerman
by REQUEST: UseReview Q Special permit for a hog confinement operation
LEGAL DESCRIPTION: Pt. NW' NW$ NWT NEk of Section 6, TAN, R68W of the
6th P.M., Weld County, Colorado.
LOCATION: Approximately seven miles west of Johnstown, west of Weld
County Road 3 and south of Colorado Highway 60.
•
2-47i/8/7 e
Summary of the Weld County Planning Commission Meeting
June 4, 1985
Page 4
APPEARANCE:
Bill Warnock represented the applicant. This hog confinement operation has
been in existence since about 1900. A recorded exemption has recently taken
place on this property which now necessitates the applicant to apply for a
Use by Special Review permit for the hog confinement operation on this five
acres even though the number of animals will be reduced from two thousand to
one thousand six hundred.
The Chairman asked the applicant if they had read the recommendations,
conditions, and operation standards as outlined by the Department of
Planning Services staff. He stated they had and have no problem with
anything as outlined.
The Chairman called for discussion from the audience.
Ray Deschant, surrounding property owner, reported the property at the
present time does not have any hogs on it, so it is not a continuous
operation. He also has objections to_the possible odors that could arise
from a hog confinement operation.
Floyd Hale, previous property owner, explained his hog operation and the
setup of the operation which has always taken place on this five acres even
though it was part of the total farm.
The Chairman asked Gloria Dunn to read the recommendation, conditions, and
operation standards as outlined by the Department of Planning Services into
the record.
MOTION:
Jack Holman moved Case Number USR-676:85:19 for Larry Zimmerman for a Use by
Special Review permit for a hog confinement operation be forwarded to the
Board of County Commissioners with the Planning Commission's recommendation
for approval based upon the recommendation, conditions, and operation
standards as outlined by the Department of Planning Services staff and the
testimony heard by the Planning Commission. Motion seconded by Louis
Rademacher.
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Sharon Linhart - yes; Jack Holman - yes;
Louis Rademacher yes; Paulette Weaver - yes; Bob Ehrlich - yes. Motion
carried unanimously.
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Holman 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: WIl0 COUNTY CO::IUSSIQNfpf
CASE NUMBER: USR-676:85:19 ° ' '1-115".'
?S`7
j, L, ,7
NAME: Larry Zimmerman JUN 'j 1985
ADDRESS: 9191 Nelson Road, Longmont. CO 80501 "Zit
' �
GREEttr. COLA,
REQUEST: A Use by Special Review Permit for a-..hog confinement operation
LEGAL DESCRIPTION: Part of the NWIt NWI NW% NEIL, Section 6, T4N, R68W of the
6th P.M., Weld County, Colorado
LOCATION: Approximately 7 miles west of Johnstown, west of Weld County
Road 3 and south of Colorado Highway 60.
be recommended favorably to the Board of County Commissioners for the
following reasons:
1. The submitted materials are in compliance with application
requirements 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 intent of the Weld
County Comprehensive Plan. The Comprehensive Plan
encourages the development of agribusiness and
agriculturally oriented industry provided these
enterprises do not adversely affect the local economy or
environment;
- The proposed use is an agricultural activity and is
therefore consistent with the intent of the agricultural
district;
- The uses permitted will be compatible with the existing
surrounding land uses and with future development of the
surrounding area as permitted by the agricultural zone
district;
ExniBi7 B.
USR-676:85:19
Larry Zimmerman
June 4, 1985
Page 2
- No overlay districts affect the site;
- Use by Special Review Operations and Design Standards
provide adequate protection of the health, safety and
welfare of the neighborhood and County.
The Planning Commission's recommendation for approval is conditional upon
the following:
I. The attached Standards for Use by Special Review be adopted and
placed on the Use by Special Review plat prior to recording.
2. The prescribed Use by Special Review activity shall not occur nor
shall any additional building or electrical permits be issued on
the subject property until the Use by Special Review plat has been
delivered to the Department of Planning Services office and the
plat has been recorded in the office of the Weld County Clerk and
Recorder.
3. In the event the applicant chooses to utilize the commercial wells
on the property as a water source, the applicant shall submit an
augmentation plan acceptable to the Division of Water Resources.
The plan shall be implemented prior to use of these wells in the
proposed operation. A copy of the augmentation plan shall be
submitted to the Department of Planning Services and included as a
part of the Use by Special Review application.
Motion seconded by Louis Rademacher.
Vote:
For Passage Against Passage
Sharon Linhart
Louis Rademacher
Jack Holman
Paulette Weaver
Bob Ehrlich
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.
APPLICATION
USE. BY SPECIAL REVIEW
Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 '
Phone - 356-4000 - Ext. 4400
Case Number Date Received
Application Checked by Myles plat submitted
Application Fee _- Receipt Number
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 proposed Special Review Permit of
the following described unincorporated area of Weld County Colorado:
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NE q Section 6
I 4 N, R 68 W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is
proposed: Lot A Section 6 T 4 N, R 68 w
Property Address (if available) 0522 East State Highway 6O, Loveland, CO 80537
PRESENT ZONE FA{farming l OVERLAY ZONES
TOTAL ACREAGE 4.61 acres
PROPOSED LAND USE continuinz use of pork producing.unit '
EXISTING LAND USE presently used as pork producing unit
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW:
Name: Floyd and Mildred Hale
Address: 2103 E. County Rd. 14 City Loveland, CO zip 80537
Home Telephone 0 667-5921 Business Telephone 0 same
Name:
Address: City Zip
Home Telephone 0 Business Telephone 0
Name:
Address: City Zlp
Home Telephone 0 Business Telephone 0
APPLICANT OR AUTHORIZED AGENT (if different then above):
Name: Larry Zimmerman
Address: 9191 Nelson Rd. City Longmont, Colo. Zip 80501
Home Telephone o 776-8664 Business Telephone 0 same
•
List the owners) and/or lessees of mineral rights on or under the subject properties of record.
Name: Floyd and Mildred Hale
Address: 2103 E. County Rd. 14 city Loveland, CO Zip 80537
Name: Lessee: Skaer Enterprises, Inc. Phone: 669-6351
Address: 2707 S. County Rd. 11 City Loveland, CO zip 8053/
Name:
Address: _- City Zip
•I hereby depose and state under the penalitles of perjury that all statements, proposals and/or
plans submitted with or contained within this application are true and correct to the beat of my
knowledge.
COUNTY OF WELD _)
STATE of COLORADO ) /
Signetu neli of Authorized Agent
d �
Subscribed and sworn to before me this,,day of 19 c9..5~
SEAL ere2ezti ' J!'9�r✓,....-.r.J
NOTARY PUBLIC tYgj (2O p�7
My commission expires ,
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
915 Tenth Street, GREELEY, COLORADO 80631
RE: USE BY SPECIAL REVIEW IN THE NE}, SECTION 6, TOWNSHIP 4, RANGE 68
To whom it may concern:
Tract A together with the improvements thereon has historically been used and it
will continue to be used as a pork producing unit, The surrounding property is an agri-
cultural use. The only residential structure within 500 feet of this property lies directly
west and belongs to Joe Johnston. The pork producing unit will be owned and operated by
Mr. and Mrs. Larry Zimmerman and they plan to operate the unit themselves. Water will
be supplied from the Little Thompson Water District and by established wells. Additional
water taps are available if needed from the Little Thompson Water District. Colorado State
Highway 60 borders the property on the north, Vehicular traffic will consist almost entirely
of pickups and medium sized farm trucks, Liquid sewage will continue to be contained in
existing lagoons which have performed very satisfactorily for over 20 years and provision
is made in the easement for periodic cleaning of the lagoons if that should become necessary.
Solid materials will be stockpiled for future use on the adjoining agricultural land , We have
an agreement with the adjoining farmer, Vern Johnson, to stockpile on his land. A copy of
that agreement is enclosed. He is very agreeable so he can have the fertilizer for his
agricultural fields. The pork producing unit has historically been used for up to 200 sows
and a total of 2200 head. The new usage would be for a maximum of 160 sows, a reduction
of 40 sows, and a maximum of 1600 head, a reduction of 400 head.
This proposal is in compliance with the Weld County Comprehensive Plan since it is
maintaining existing rural and agricultural uses in an area designated for such uses by the
plan. This proposal is consistent with the intent of the agricultural zoning district since
the agricultural use will remain. Since no uses will change on this property the existing
agricultural and residential uses will remain compatible with the surrounding farms. The
operation which is not being expanded has not created a problem in health safety of the
inhabitants of the neighborhood and the county. All permitted uses will stay the same as
before this exemption. Thus, the properties will remain consistent with all applicable land
use plans and policies. Because no changes in use are proposed there will be no impacts
of efficient and orderly development and the Little Thompson Water District will continue
to service the subject properties as before. On site septic systems are existing. This
said exemption property mdcreenet-t.wtian is not affected by a flood plain, geologic
hazards and/or Weld County Airport overlay district.
� l n//jl'7-:-C-cr-- -�7Xrz Pr Zt..-c?' C2-C'.C�s,..-m,z.c-c.(:ar.
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
Will l 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
•
COLORADO
WELD COUNTY -
ZONING VIOLATION NOTICE
April 18, 2002
Mr. Russell Morgan
1864 Silverleaf Drive
Loveland, CO 80538 _-
Subject: VI-0000314, Lot A of RE-750, Part of the W2NW4 of Section 6,T4N, R68W of the 6th P.M.,Weld
County, Colorado
Dear Mr. Morgan:
The uses on the above described property are being considered as a zoning code violation of Sections of the
Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code:
Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-20.A "One(1)single-family dwelling unit and auxiliary quarters per legal lot."
Section 23-3-30 "Accessory Uses."
Section 23-3-40 "Uses by special review."
Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District,provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review permit process to develop."
To bring your property into compliance with the Weld County Code:
Our records indicate that the mobile home previously permitted through USR-676 was strictly related to the hog farm.
Since,the hog farm is no longer located on the property,the 2"'mobile home shall be removed. Additionally,there is an
apparent business located on the property. A commercial operation would require additional permits.For information on
what type of permit would be required, I would suggest that you come to the office and speak to one of our"On-Call
Planners"(Wednesday,7:30 a.m.-4:00 p.m.or Monday or Friday,12:00 p.m.-4:00 p.m.) Additionally,please be advised
that we have opened another location to better serve the public. Our other office is located at 4209 WCR 24.5 (East of
I-25 and North of Highway 119). The Southwest office is open on Tuesdays and Thursdays, 8:00 a.m.-4:00 p.m.. No
appointment is necessary at either location because individuals are seen in the order they sign in. Additionally,to save
time for you and the planner,please bring this letter with you to the office.
It is the intention of this office to assist and cooperate with you without imposing undue hardships;however, we
have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from , April 18,
2002, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office
for legal action.
Mr. Morgan
Page 2
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment
so that I may reserve a sufficient amount of time with you.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000314
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
FIELD CHECK inspectio gate: h/0
CASE NUMBER: V1- OOOOSI1-1
APPLICANT: 12Q59-- `1 Morgan
LEGA.J., DESCRIPTION: Leo A - x-150 ; �Z 004 (.O �`�y-
LOCATION:of and adjacent to i9 t 31q vvkl 5 o (AK-K-3
Zoni
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\A/ A(Agricultural) 'N
COMMENTS:
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Chris Gat6man, Current Planner
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
' E-mail Address: bsalzman@co.weld.co.us
C 1555 N.O 17th Avenue, 0, CO 80631 Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
October 25, 2000
Mr. Russell Morgan
1864 Silverleaf Drive
Loveland, CO 80538
Subject: VI-0000314, Lot A of RE-750, Part of the W2NW4 of Section 6, T4N, R68W of the 6th P.M.,Weld
County, Colorado --
Dear Mr. Morgan:
It has come to the attention of the Department of Planning Services'staff that the uses on your property may not
be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zoning
Ordinance is a commercial excavation business without a "Use by Special Review" Permit. We also have
concerns with mobile homes currently located on the property.
Please contact me within five working days of the date of this letter to review these concerns with me or a thirty-
day violation notice will be issued. Feel free to contact me at the above address, telephone number or e-mail
address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a
sufficient amount of time with you.
Sincerely,
C4
Bethany Salzman (� ` k
. ,V\L
Zoning Compliance Office -Ay 1� \J\ C `
(
/�\Th(( ���/�
pc: VI-0000314
`
Julie Chester, Lead Planner I•
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Bruce Barker, County Attorney (� I f \ \� a
SERVICE,TEAMWORK INTEGRITY,QUALITY
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C T 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
COLORADO• Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
XZONING CODE COMPLAINT 0 Staff/Name: K Citizen, ❑ Other:
o HEALTH DEPARTMENT
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL
❑ BUILDING CODE COMPLAINT
o PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: `lam! \I DID
Pending Case#(i.e. USR,RE, SE,ect...):
�y t:14
h Le R
Legal Description: t Li OTl Parcel#: Cx3,-O-00-Dr-0,?)
0a 6 t- 4 L0O
Violation Address: vid ^ E r'tyn coo
Property Owners Name: Jt CY LSSt i i Phone:
Property Owners Address:
Tenant's Name: Phone: ��
Tenant's Address: t)(C-aeC\.c
NATURE OF COMPLAINT:- CM Vin �tf ((Yl hl if-i r Qti•) f iond tXk Zi rn c k n-n n L)
�1 eaMt% 81t-m-Krt. bLiitt
a \-a 4-kcixAcn1pan; oGEac t+y Co{ c3e-
-%pxtjrncyk.,,
Zoning Complaint Referred To: Date:
Building Code Complaint Referred To: Date:
Additional Notes:
111111111111111111 111 NMI M lit Oil Illi
2771682 06/31/2000 0328P JA Sold Tiulmmolo
1 0l 1 R L0U 0 27.50 Weld County CO
WA rtgAIT
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b{/� THIS DEED, Made this 25th day of , ..May 2000,
a O between Larry J. Zimmerman and Caroline M. Zimmerman
of the County of Weld aadStateof Colorado
`// grantor,and Russell H. Morgan
r
,// whose legal address is 1864 silver lea f Drive, Loveland, Co 8O538
'�1t-C(d of the County of Weld and State of Colorado ,grantee:
r WITNESSETH,That the grantor,for and in consist-ration of the sum of TWO HUNDRED SEVENTY FIVE
THOUSAND AND NO/100 .- .__ ___..
-DOLLARS,($275, 000.00 ),
the receipt and sufficiency of which is hereby acknowledged,bas granted,bargained,sold and conveyed, and by these presents
does grant,bargain,sell,convey and confirm, unto the grantee,his heirs and assigns forever,all the real property together with
improvements,if any,aitnate,lying and being in the County of Weld , and State of Colorado,
described as follows:
Lot A of Recorded Exemption No. 1061-6-1-RE 750 recorded May 1, 1985 in Book
1067 at Reception No. 2007998, being a part of the Northeast 1/4 of Section 6,
Township 4 North, Range 68 West of the 6th P.M.,
County of Weld, State of Colorado
also known by street and number es 522 - 502 Highway 60, Loveland, Colorado 80537
TOGETHER with all and singular the hereditament'and appurtenances thereunto belonging,or in anywise appertaining,and
the reversion and reversions,remainder and remainders,rants,issues and profits thereof,and all the estate,right,title,interest,
claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the grantee,his
heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and
agree to and with the gtante.,his heirs and assigns,that at the time of the ensealins and delivery of these presents,he is well
seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains,sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a llen but not yet due or
payable,easements,restrictions,reservations,covenants and rights-of-way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable posses-
sion of the grantee,his hairs sod assigns,against ail and every person or persons lawfully claiming the whole or any pert thereof.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.
v�IINN WITNESS WHEREOF,the grantor has executed this deed on the
(dda�teesset forth o above.,, ^�}y�w
Larrlt osem-- --- " "�sv "1 Caroline M ZinanernVt ........4.40,_____
(/ KATHY SULLIVAN aa.v
STATE OF COLORADO ) NOTARY PUBLIC
)se. STATE OF COLORADO
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 25th day of May , 2000 by
Larry J. Zimmerman and Caroline M. Zimmerman
My Commission expires: September 18, 2002 Winos m an officials .
Public
Kathy Sulliva
WARRANTY D[®(far ROatgYc lewd)f saanaal Elea LR23/MB0a
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