HomeMy WebLinkAbout20051602 RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING USE BY SPECIAL
REVIEW PERMIT #494 FOR A PALLET CONSTRUCTION BUSINESS IN THE
A(AGRICULTURAL) ZONE DISTRICT - NANCY KALLSEN AND MICHAEL SAGEL
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, on June 15, 2005, a Show Cause Hearing was conducted to consider
revocation of Use by Special Review Permit #494 for a Pallet Construction Business in the
A (Agricultural) Zone District, issued to Warren and Gearlene Capehart on June 2, 1982, and
WHEREAS, Nancy Kallsen, 1707 58th Avenue, Greeley, Colorado 80634-2904, and
Michael Sagel, 31499 Weld County Road 53, Greeley, Colorado 80631, are the current owners of
the permitted property being further described as follows:
Part of the SW1/4 NE1/4 of Section 29, Township 6
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing of June 15, 2005, said property owners were not present, nor
represented, and
WHEREAS, at said hearing the Planning staff advised the Board that there is no evidence
of a pallet construction business having been operated at the site for at least three years,therefore,
the permit should be revoked in accordance with Section 23-2-200.E of the Weld County Code,and
WHEREAS,after hearing all testimony presented,the Board deemed it advisable to revoke
Use by Special Review Permit#494 for a Pallet Construction Business in the A(Agricultural)Zone
District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning revocation of Use by Special Review
Permit#494, currently held by Nancy Kallsen and Michael Sagel, be, and hereby is, revoked.
2005-1602
PL0498
r'C' ' IL ,ilf6'L ;Ai N(X-A
SHOW CAUSE HEARING - USR #494 - NANCY KALLSEN AND MICHAEL SAGEL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�- J�� - nZ`/,
t �\ William H. rke, Chair
1 f'' c • yA, Clerk to the Board.4'4.ct,
m)i�!.c�.1 .4 / / M. J. ile, Pro-Tern
`r. w jP i£JA a....r - .4' --mss
• / i �+ A Clerk to the Board
•� I Da ' E. Lon
AP AS U`
Robert D. Masd n
u tt ny N. /
Glenn➢Vead
Date of signature: o - 0-05
2005-1602
PL0498
At'tMEMORANDUM
TO: Board of County Commissioners
COLORADO DATE: May 19, 2005
FROM: Jacqueline Hatch_- \-
SUBJECT: Probable Cause for USR-494
USR-494 was approved by the Board of County Commissioners on June 2, 1982 for a
pallet construction company in the A (Agricultural) Zone District.
The site is located approximately % mile west of County Road 53 and approximately %2
mile south of County Road 66. The legal description is part of the south half of the north
east quarter of Section 29, Township 6 North, Range 64 West of the 6`h P.M., Weld
County, State of Colorado.
USR-494 currently is on two properties Lot A and Lot B of Recorded Exemption 861.
Ms. Nancy Kay Kallsen the property owner of Lot B RE-861 applied for Recorded
Exemption 3931. One of the conditions to be completed prior to recording the Mylar was
for the applicant to submit a letter requesting to vacate USR-494. The Department of
Planning Services obtained that letter dated December 16, 2004. Staff has sent the
attached letters dated January 13, 2005, March 8, 2005, and April 20, 2005 in addition to
calling on December 17, 2004 and December 30, 2004 to Mr. Michael Sagel the
property owner of Lot A requesting that he either amend the USR-494 boundaries to be
on his property alone or to vacate the USR completely since there was no evidence that
the pallet making company was still operating on the site. No response has been
received from Mr. Sagel regarding USR-494.
The Department of Planning Services has determined that the Use by Special review is
not in compliance per Section 23-2-200.E of the Weld County Code.
Section 23-2-200.E states "If the Use by Special Review has not commenced within
three (3) years from the date of approval or is discontinued for a period of three (3)
consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence
the use or revoke the Use by Special Review. If the Use by Special Review is revoked,
it shall be necessary to follow the procedures and requirements of Section 23-2-200 in
order to reestablish any Use by Special Review.
The Department of Planning Services is recommending that a Show Cause Hearing be
set to revoke USR-494.
,;1005- /602-
VACATION OF USE BY SPECIAL REVIEW #494
December 16, 2004
I am writing this document to Vacate USR#494 which was granted to a Pallet
Construction Company.
Use by Special Review#494 is hereby vacated because it is not being used for the
purpose that was indicated when originally requested.
Nancy Ka lsen (O )
DEPARTMENT OF PLANNING SERVICES
a Planning Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631631 ID
jhatch@co.weld.co.us
WPHONE: (970) 353-6100, Ext. 3540
� FAX: (970) 304-6498
C� SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
April 20, 2005
Michael Sagel
31499 County Road 53
Greeley, CO 80631
Subject: USR-494
Dear: Mr. Sagel
Notice is hereby given that on Monday, May 23, 2005, at 9:00 a.m., or as soon thereafter as
the agenda of the Board of County Commissioners permits, the Board of County
Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section
23-2-270 of the Weld County Code. This meeting will take place in the Commissioner's Hearing
Room, Weld County Centennial Center, 915 10`" Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number USR-494 for compliance with
the Conditions of Approval as approved by the Board of County Commissioners on June 2,
1982 to determine if probable cause exists to hold a hearing on revocation of USR-494. A
signed copy of the Board of County Commissioners Resolution is attached.
Representatives of this office have identified that you are not in compliance per Section 23-2-
200.E of the Weld County Code.
Section 23-2-200.E states "If the Use by Special Review has not commenced within three (3)
years from the date of approval or is discontinued for a period of three (3) consecutive years, it
shall be presumed inactive. The County shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special
Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures
and requirements of Section 23-2-200 in order to reestablish any Use by Special Review.
If it is determined at the public hearing that there is probable cause that you have not utilized
USR-494 for the three consecutive years, the Board of County Commissioners will schedule a
Show Cause public hearing to consider revocation of the Special Review permit.
If you have any questions regarding this matter, please contact me at the above number.
Respectfully,
Jacqueline Hatch, Planner
C�M'LETETHISSECT/•N C.M•LETETHISSECTI•N •N•ELIVE•Y
• Complete items 1,2, and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X ❑Agent
• Print your name and address on the reverse /�,_ // - 1 O Addressee
so that we can return the card to you. B. Rec='ved b.(P'nte. a - D to of Delivery
• Attach this card to the back of the mailpiece, /, �T t• _ai R
or on the front if space permits. a. �.
D. Is delivery address diffe-nt from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: O No
MICHAEL SAGEL
31499 COUNTY ROAD 53
GREELEY CO 80631
3. Service Type
ONCertfied Mail O Express Mail
❑ Registered ❑ Retum Receipt for Merchandise
❑ Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7003 1010 0002 8989 3829 4c1
(Transfer from service label) r
PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540
DEPARTMENT OF PLANNING SERVICES
Planning Division
NORTH OFFICE 1.1 918 10TH Street
GREELEY, CO 80631
jhatch@co.weld.co.us
' PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
C SOUTHWEST OFFICE
4209 8 504
COLORADO
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
March 8, 2005
Michael Sagel
31499 County Road 53
Greeley, CO 80631
Dear Mr. Sagel:
This letter is regarding your property located in part of the south half of the north east of Section
29, T6N, R64W of the 6th P.M., Weld County, Colorado. Parcel number 0801 29 000049.
The Department of Planning Services has processed a Recorded Exemption on the adjoining
property and has requested that the applicant vacate Use by Special Review USR-494 for a
pallet construction company originally approved on June 2, 1982 by the Board of County
Commissioners since the use is not being conducted on the property.
It was noted that your property is also included in the Use by Special Review area. The
Department of Planning Services request that you submit in writing to our office a request to
either vacate the Use by Special Review (there is no cost associated with this) or a request to
amend the original Use by Special Review (there may be a cost associated with this request
depending on what you would be proposing). I have enclosed a form for you to indicate your
wishes and sign along with an envelope for you to mail the form back to us.
If no response is received the Department of Planning Services will be setting up USR-494 for a
probable cause hearing before the Board of County Commissioners to review compliance with
the permit. All conditions of the original permit must be in compliance by March 18, 2005 or a
Probable Cause public hearing, pursuant Chapter 23, Article II (2), Division 4, Section 23-2-270
of the Weld County Code, will be scheduled.
If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review
case number USR-494, for compliance with the Development Standards and Conditions of
Approval, as approved by the Board of County Commissioners on June 2, 1982, to determine if
probable cause exists to hold a hearing on revocation of the permits.
The Department of Planning Services has determined that per section 23-2-200 of the Weld
County Code the Use by Special Review (USR-494) for a pallet construction company is not
being conducted on site.
If you have further question, please contact me at the above e-mail, address or call (970) 353-
6100 ext. 3540.
Sincerely,
Jacqueline Hatch, Planner II
I, Michael Segal wish to vacate USR-494 for a pallet construction company since the use
is not being conducted on my property.
I, Michael Segal wish to amend USR-494 for a pallet construction company since I am
currently utilizing the USR-494 permit for the construction of pallets.
Print— Michael Segal Date
Signature — Michael Segal Date
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
915 10`h Street, Greeley, CO 80631
WEBSITE: www.co.weld.co.us
Wi E-MAIL:jhatch@co.weld.co.us
Ex
. 3540
C Phone (970) tch@353-6100, eld. o.us
40
Fax (970) 304-6498
COLORADO
January 13, 2005
Michael Sagel
31499 County Road 53
Greeley, CO 80631
Dear Mr. Sagel:
This letter is regarding your property located in part of the south half of the north east of Section
29, T6N, R64W of the 6th P.M., Weld County, Colorado. Parcel number 0801 29 000049.
The Department of Planning Services has processed a Recorded Exemption on the adjoining
property and has requested that the applicant vacate Use by Special Review USR-494 for a
pallet construction company originally approved on June 2, 1982 since the use is not being
conducted on the property.
It was noted that your property is also included in the Use by Special Review area. The
Department of Planning Services request that you submit in writing to our office a request to
either vacate the Use by Special Review (there is no cost associated with this) or a request to
amend the original Use by Special Review (there may be a cost associated with this request
depending on what you would be proposing).
If you have further question, please contact me at the above e-mail, address or call (970) 353-
6100 ext. 3540.
Sincerely,
1
Jacqueline Hatch, Planner I
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Townolup 6 North, Range 64 Wesl of IM1e 616
PM Weld Cmmly, Colorodo
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado,Weld County Centennial Center,91510th Street, First Floor,Greeley,Colorado 80631,
at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing,please contact the Clerk to the Board's Office
at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners,Weld County Centennial Center,915 10th Street,Third Floor, Greeley,Colorado
80631. E-Mail messages sent to an individual Commissioner may not be included in the case file.
To ensure inclusion of your E-Mail correspondence into the case file, please send a copy
to charding@co.weld.co.us.
DOCKET #: 2005-44
DATE: June 15, 2005
TIME: 10:00 a.m.
APPLICANTS:
Nancy Kallsen Michael Sagel
1707 58th Avenue 31499 Weld County Road 53
Greeley, Colorado 80634-2904 Greeley, Colorado 80631
REQUEST: Hearing to show whether good cause exists for revocation of Site Specific
Development Plan and Use by Special Review Permit#494 for a Pallet Construction Business in
the A (Agricultural) Zone District
LEGAL DESCRIPTION: Part of the SW1/4 NE1/4 of Section 29, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
ISSUE: Whether or not the Permit holder is in compliance with the following:
1. Section 23-2-200.E states,"If the Use by Special Review has not commenced within three
(3)years from the date of approval,or is discontinued for a period of three(3)consecutive
years, it shall be presumed inactive. The County shall initiate an administrative hearing to
consider whether to grant an extension of time to commence the use or revoke the Use by
Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of Section 23-2-200 in order to reestablish any Use by Special
Review."
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 27, 2005
PUBLISHED: June 1, 2005, in the Fort Lupton Press
EX1HBIT
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing, Docket#2005-44,was placed in the United States mail,first class mail, postage prepaid,
addressed to the following property owners.
DATED this 27th day of May, 2005.
NANCY KALLSEN SARAH MOORE
1707 58TH AVENUE 1848 14TH AVENUE
GREELEY CO 80634-2904 GREELEY CO 80631
MICHAEL SAGEL RICHARD RIFFE
31499 WELD COUNTY ROAD 53 1409 44TH AVENUE COURT
GREELEY CO 80631 GREELEY CO 80634
DENNIS CHRISTIANSON
801 NORTH MAIN STREET
YUMA CO 80759
MICHAEL AND NANCY HANSBERGER C <cA,
25556 WELD COUNTY ROAD 66 Deputy Clerk to the Board
GREELEY CO 80631
RHINIE AND ALICE MILLER
31225 WELD COUNTY ROAD 53
GREELEY CO 80631
PANENERGY FIELD SERVICES INC
C/O PANHANDLE EASTERN
CORPORATION
PO BOX 1642
HOUSTON TX 77251-1642
HAROLD UHRICH
31386 WELD COUNTY ROAD 51
GREELEY CO 80631
ERIC YANCEY
PO BOX 1895
GREELEY CO 80632
NOTICE PROOF OF PUBLICATION
Pursuant to the zoning laws of the
State of Colorado and the Weld
w ll FORT LUPTON
County inCode,a wing the
Be held in the t Chambersof thof e STATE OF COLORADO
WeldBoard of County,
County Commissionersor , Wld
Weld County, Colorado, Weld
County Centennial Center, 915 COUNTY OF WELD SS.
10th Street, First Floor, Greeley,
Colorado 80631, at the time
specified. If a court reporter is
desired,please advise the Clerk to
the Board, in writing, at least five
days prior of the hearing.The cost I, Karen Lambert, do solemnly swear that I
of engaging a court reporter shall
be borne by the requesting party. am the Publisher of the Fort Lupton-Press;
In accordance with the Americans
with Disabilities Act, if special that the same is a weekly newspaper printed
accommodations are required in
order for you to participate in this and published in the County of Weld, State
hto theBoard'slease contact
ORce the X970) of Colorado, and has a general circulation
336-7215,Extension 4226,prior to
the day of the hearing. The therein; that said newspaper has been
complete case file may be
cexaminedomplete in the office of the Clerk published continuously and uninterruptedly
to the Board of County
Commissioners, Weld County in said county of Adams for a period of more
Centennial Center, 915 10th
Street, Third Floor, Greeley, than fifty-two consecutive weeks prior to the
Colorado 80631.E-Mail messages first publication of the annexed legal-notice
sent to an individual Commissioner
may not be included in the case
file. To ensure inclusion of your or advertisement; that said newspaper has
E-Mail correspondence into the
case file, please send a copy to been admitted to the United States mails as
chardingDOCKE@co.weldco.us. 2005-44 second-class matter under the provisions of
DATE: June ,5, 2005
the act of March 3, 1879, or any
TIME: 10:00 a.m.
APPLICANTS : Nancy Kallsen
1707 58th Avenue Greeley, amendments thereof, and that said
Colorado 80634-2904 Michael
Sagel 31499 Weld County Road newspaper is a weekly newspaper duly
53 Greeley, Colorado 80631
REQUEST: Hearing to show qualified for publishing legal notices and
whether good cause exists for
revocation of Site Specificadvertisements within the meaning of the
Development Plan and Use by laws of the State of Colorado. That the
Special Review Permit for a
Pallet Construction Business in the
A(Agricultural)Zone District annexed legal notice or advertisement was
LEtheGSW1/AL /44ENE11//4 ofOSecton 29,f published in the regular and entire issue of
Township 6 North,Range 64 West
of the 6th P.M.,Weld County, every number of said weekly newspaper for
Colorado
ISSUE:Whether or not the Permit the period of 1 consecutive insertion(s); and
holder is in compliance with the
following: that the first publication of said notice was in
1. Section 23-2-200.E states, "If
the Use by Special Review has not the issue of newspaper, dated 1st day of
commenced within three(3)years
from the date of approval, or is June, 2005, and the last on the 1st day of
discontinued for a period of three
(3) consecutive years, it shall be June 2005.
presumed inactive. The County
shall initiate an administrative
hearing to consider whether to
grant an extension of time to
commence the use or revoke the
Use by Special Review.If the Use
by Special Review is revoked, it
shall be necessary to follow the
procedures and requirements of
Section 23-2-200 in order to
reestablish any Use by Special
Review."
BOARD OF COUNTY
COMMISSIONERS WELD
COUNTY, COLORADO
DATED: May 27, 2005
PUBLISHED:June 1,2005,in the
Fort Lupton Press
.... x:2„7.,,,Th e........1or. ___ J
Publisher, Subscribe sworn before me, this the
27th day of May, 2005-
•
fli&"
- k6fary Public.
ik-_-_;?"--i-oct,,,
CASE NO.370207 key 12041
AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 080129000049
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the
property being considered. This list was compiled utilizing the records of the Weld County Assessor
available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been
modified from the original. The list compiled from the records of the Weld County Assessor was
assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel# 080129000049
NAME MAILING ADDRESS PARCEL
IDENTIFICATION#
801 N MAIN ST
CHRISTIANSON DENNIS L & 080129000045
YUMA,CO 80759
HANSBERGER MICHAEL M & 25556 WELD CO RD 66
NANCY L 080129100057
GREELEY,CO 80631
31225 COUNTY RD 53
MILLER RHINIE A & ALICE A 080129000033
GREELEY,CO 80631
C/O PANHANDLE EASTERN
PANENERGY FIELD SERVICES CORP 080129000034
INC P O BOX 1642
HOUSTON,TX 77251-1642
C/O PANHANDLE EASTERN
PANENERGY FIELD SERVICES CORP 080129000031
INC P O BOX 1642
HOUSTON,TX 77251-1642
C/O PANHANDLE EASTERN
PANENERGY FIELD SERVICES CORP 080129000032
INC P O BOX 1642
HOUSTON,TX 77251-1642
31386 COUNTY RD 51
UHRICH HAROLD R& 080129000046
GREELEY,CO 80631
P 0 BOX 1895
http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080129000049&Par l... 5/26/2005
AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 oft
YANCEY ERIC B & GREELEY,CO 80632 080129100062
r
http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080129000049&Par I... 5/26/2005
AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 080129100062
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the
property being considered. This list was compiled utilizing the records of the Weld County Assessor
available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been
modified from the original. The list compiled from the records of the Weld County Assessor was
assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel# 080129100062
NAME MAILING ADDRESS PARCEL
IDENTIFICATION #
801 N MAIN ST
CHRISTIANSON DENNIS L & 080129000045
YUMA,CO 80759
HANSBERGER MICHAEL M & 25556 WELD CO RD 66
NANCY L 080129100057
GREELEY,CO 80631
31225 COUNTY RD 53
MILLER RHINIE A& ALICE A 080129000033
GREELEY,CO 80631
1848 14TH AVE
MOORE SARAH P & 080129000026
GREELEY,CO 80631
C/O PANHANDLE EASTERN
PANENERGY FIELD SERVICES CORP 080129000031
INC P O BOX 1642
HOUSTON,TX 77251-1642
C/O PANHANDLE EASTERN
PANENERGY FIELD SERVICES CORP 080129000032
INC P O BOX 1642
HOUSTON,TX 77251-1642
C/O PANHANDLE EASTERN
PANENERGY FIELD SERVICES CORP 080129000034
^ INC P O BOX 1642
HOUSTON,TX 77251-1642
1409 44 AVE CT
http://maps.men•ick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080129100062&Par l... 5/26/2005
AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2
RIFFE RICHARD G& 080129100061
GREELEY,CO 80634
31499 WELD CO RD 53
SAGEL MICHAEL A 080129000049
GREELEY,CO 80631
31386 COUNTY RD 51
UHRICH HAROLD R& 080129000046
GREELEY,CO 80631
http://maps.merrick.com/website/weld/setSq 1.asp?cmd=buffer&PIN=080129100062&Par 1... 5/26/2005
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