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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 Ir t I } ,1f Ili r' / t _._ / I i / I j 1_ I' ! / . . 1., I I I I I 5 1 \, ft * ' 12 i r - USR-494 ss Pallet construction company . ` I m I ; l ` �i ' i I I 1 l � I 1 66 USR-494 Lot A RE-861 Sagel YI Lot B RE-861 53 Kallsen 64 1 I' ) sl lv 91 Al 1 . a it 1„ ° a is sWy J Ls ., _4r'Kos l.I llG 4" I _. .. PUOPORlE000if 'f' a ea USR-494 Purl of!lie SWl4 of Pie NEN, of Seclm 29, Townolup 6 North, Range 64 Wesl of IM1e 616 PM Weld Cmmly, Colorodo QT.). V 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 Hello