HomeMy WebLinkAbout20043463.tiff RESOLUTION
183
RE: ACTION OF BOARD CONCERNING MOBILE HOME PERMIT,ZPMH#2424-TIM AND
ELAINE WINICK
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 of Weld County, Colorado,on the 13th day
of December, 2004, considered the request of Tim and Elaine Winick, 25575 Weld County Road
89, Orchard, Colorado 80649, for a mobile home to be used as a Temporary Accessory to the
Farm, and
WHEREAS, said mobile home is to be occupied in an A (Agricultural) Zone District on a
parcel of land being more particularly described as follows:
S1/2 NE1/4 of Section 29,Township 5 North, Range
61 West of the 6th P.M., Weld County, Colorado
WHEREAS,the Board of County Commissioners, having heard all of the testimony, finds
that said request should be denied for the following reasons:
1. The property is 80 acres in size. Although the applicant states that some farm use
occurs on the property, there is no evidence to support the proposition that the
property will be used for an effective and/or economic farm operation which
necessitates location of a mobile home thereon to be occupied by a person or
persons who are principally employed at or principally engaged in the operation of
the use of the property. Thus,the applicant has failed to demonstrate that the mobile
home is necessary for the effective and economic operation of the use and/or
protection of the economic use.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the request of Tim and Elaine Winick for permission to place a mobile home
to be used as a Temporary Accessory to the Farm on the above described parcel of land, which
was found to be in compliance with Chapter23,Article IV, Division 3,of the Weld County Code, be,
and hereby is, denied.
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IIII IIII
02:08
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk C:Recorder
2004-3463
P2- �` PL1467
eo . P2- , i/T �G -OS
ZPMH #2424 - TIM AND ELAINE WINICK
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
4 n*11^ir.44; g vote on the 13th day of December, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
1861 (' n //�� / �, LD COUNTY, COLORADO
tazemu" . -l /�(///�/G" ( V�\�
T
�' '` Robert D. Masden, Chair
ib 4 ,ys• Clerk to the Board
?/4/
, William H. J e, Pro-Tern
BY: ��2,�/-
eputy Clerk to the Board ✓�r�/
M. eile
AP O D AS TkY • t2�
David E. Long
ty Attorney
Gle n Vaad
Date of signature: 412_,Lie
1 11111 1111 1111 1111 III 11111 /III
3260183 02/10/2005 02:08P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2004-3463
PL1467
MOBILE HOME ZONING PERMIT
lliDc. ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Wendi Inloes HEARING DATE: December 13, 2004
CASE NUMBER: ZPMH-2424
APPLICANT: Tim and Elaine Winick
ADDRESS: 25575 CR 89, Orchard, CO 80649
REQUEST: This is a request for a Mobile Home to be used as a Temporary Accessory to the Farm.
LEGAL DESCRIPTION: S2 NE4 of Section 29, T5N, R61W of the 6th P.M., Weld County, Colorado
PARCEL NUMBER: 0969 29 10014
PARCEL SIZE: 80 Acres +/- ZONE DISTRICT: A(Agricultural)
WATER SOURCE: Individual well #227566 SEWER SOURCE: Septic system
The Department of Planning Services' staff has reviewed this request and recommends that this
request be denied for the following reasons:
1. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-4-170 of the Weld County Code, as follows:
a. The mobile home will be occupied by persons principally employed at or principally engaged
in the operation of the use where the mobile home is located. Accessory farm use of the
mobile home shall be established and revalidated on an annual basis as follows: Evidence
shall be submitted by the applicant or property owner by the first of each year for review and
acceptance by the Department of Planning Services verifying that the mobile home occupant
is principally employed at or engaged in the farming operation on the subject property. The
evidence shall consist of tax records, employment agreements or other documentation as
determined suitable by the department of planning services. Failure to submit the required
documentation may result in cessation of the allowance of the mobile home for temporary
accessory farm use.
The applicant has indicated that the occupant of the mobile home would work on a part time
basis building fences, providing security, and mowing of weeds.
b. The mobile home is necessary for the effective and economic operation of the use and/or
protection of the agricultural use.
The site is currently dryland pasture,and listed as"Other"per the 1979 USDA prime farmlands
way of Weld County. The question as to whether or not a parcel of this size can house two
dwelling structures is not under consideration. There are other options the applicant may seek
to obtain this objective.
a cog -3116-3
Should the Board of County Commissioners approved this request,the Department of Planning Services'staff
recommends the following conditions be attached:
1. The applicant shall apply for a building permit for the mobile home prior to locating the mobile home
on the property.
2. Prior to the occupancy of the mobile home,the mobile home shall be connected to an approved septic
system and a legal water supply.
3. The mobile home shall not be occupied until such time that the applicant has complied with Conditions
1 and 2 stated above.
4. The mobile home will be occupied by persons principally employed at or principally engaged in the
operation of the use where the mobile home is located. Accessory farm use of the mobile home shall
be established and revalidated on an annual basis as follows: evidence shall be submitted by the
applicant or property owner by the first of each year for review and acceptance by the Department of
Planning Services verifying that the mobile home occupant is principally employed at or engaged in the
farming operation on the subject property. The evidence shall consist of tax records, employment
agreements or other documentation as determined suitable by the Department of Planning Services.
Failure to submit the required documentation may result in cessation of the allowance of the mobile
home for temporary accessory farm use.
5. The mobile home will not be used as an income source by the applicant for rental to persons who are
not principally employed upon the lot. Failure to comply will result in revocation to the permit.
6. The applicant shall submit a statement of an exit plan acknowledging that the temporary permit shall
cease to exist at any such time as the mobile home is used for other than the permitted use. Such
statement shall include detailed plan for removal of the mobile home upon expiration of the permit, or
at such time the permit is not renewed by either the Department of Planning or Board of County
Commissioners, the applicant will have 30 days to put the exit plan into place.
7. The applicant shall submit documentation to the Department of Planning Services by December 1st
of each year describing the status of the accessory farm unit. This permit is temporary and shall
terminate once the use ceases to exist, at which time the applicant shall have thirty (30) days to
remove the mobile home from the property.
8. All temporary permits for mobile homes shall not be transferable by the applicant and/or owner to any
successor; the zoning permit shall terminate automatically upon conveyance or lease of the property.
The mobile home shall be removed from the property, or a new zoning permit shall be applied for and
approved.
9. The recreation vehicles located on the property shall not be used for any overnight housing,and shall
have current license plates on them.
10. All vehicles located on the property must be operational with current license plates, or be screened
from all adjacent properties and public rights of way, or be removed from the property. All other items
considered to be part of a noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights-of-way.
11. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future right-of-way line.
* No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I,
M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius
of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot
radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of
the Section 23-6-10 of the Weld County Code.
12. Any future structures or uses on site must obtain the appropriate zoning and building permits.
13. The Weld County Department of Public Health and Environment has a septic permit on file for this
property(SP-0000607). Any additional hydraulic load to this system will require an I.S.D.S. Evaluation
prior to the issuance of the required septic permit. In the event the system is found to be inadequate,
the system must be brought into compliance with current I.S.D.S. regulations
14. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)
15. Weld County Road 89 is designated on the Weld County Road Classification Plan as a local gravel
road, which requires a 60 foot right-of-way at full build out. There is presently 60 feet of right-of-way.
This road are maintained by Weld County.
16. The applicant shall utilize the existing residential access to this parcel.
17. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Section 15-1-10 of the Weld County Code.
18. The applicant shall maintain compliance with Section 23-4-170 of the Weld County Code at all times.
Kit a
DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
I FAX (970)304-6498
WI C WEBSITE: www.co.weld.co.us
O 918 STREET
GREELEY, COLORADO 80631
COLORADO
November 12, 2004
Tim and Elaine Winick
25575 CR 89
Orchard, CO 80649
RE: ZPMH-2424
Dear Applicants:
The Department of Planning Staff met on November 12,2004, to discuss your request for the temporary use
of a mobile home for an accessory to the farm. Based on the criteria as set forth in Section 23-4-170 of the
Weld County Code,staff is denying the request,as there is not enough justification for a second home to be
placed on the parcel at this time. Should you choose to appeal this decision, you do have the option to go
before the Board of County Commissioners,who will have the final decision regarding the request. Please
notify me within 14 days of receipt of this letter at the above address or telephone number if you wish to
proceed with a hearing.
Another option is that you may be eligible to apply for a recorded exemption,which could enable the mobile
home to be placed on a separate parcel as a principle dwelling. Please contact our office for more
information regarding a recorded exemption and as to whether you would be eligible for this land use process.
Should you have any further question, please contact me at the above address or telephone number.
Sincerely,
I '
Wendi Inloes
Planning Coordinator
•set4 DEPARTMENT OF PLANNING SERVICES
918 10th Street
Greeley, CO 8354
Phone (970) 353-6100,, E Ext. 3540 Fax (970) 304-6498
ill I
C. •
COLORADO
September 21, 2004
Tim & Elaine Winick
25575 CR 89
Orchard CO 80649
Subject: ZPMH-2424 - S2 NE4 of Section 29, T5N, R61W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your zoning permit for a mobile home application is being processed by our office. If it is determined that the
application meets the approval criteria of Chapter 23,Article IV, Division 3,of the Weld County Code, you will
be notified that the zoning permit is approved. If the staff determines that the application does not meet the
approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a
public hearing. You will be informed of the hearing date at least a week prior to the hearing. The Board of
County Commissioners will then consider your application and make a final decision on the zoning permit for
the mobile home.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
02tOii
Wendi Inloes
Planning Technician II
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS DECEMBER 3, 2004. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN
THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY,THE DEPARTMENT OF
PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE
PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY(ACCESS
DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I,VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR ZPMH-2424, TIM AND ELAINE WINICK IN THE
AGRICULTURAL ZONE DISTRICT.
VONEEN MACKLIN
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD ) n.
The foregoing instrument was subscribed and sworn to me this I da 20 .
WITNESS my hand and official seal.
Notary Public
My Commission Expires: /LI " 1a 7)/-
FIELD CHECK inspection date: 12/03/04
CASE NUMBER: ZPMH-2424
APPLICANT: TIM AND ELAINE WINICK
LEGAL DESCRIPTION: S2NE4 of Section 29, T5N, R61W of the 6th P.M., Weld
County, Colorado
LOCATION: West of and adj. to CR 89; south of CR 52
Zonina Land Use
N A (Agricultural) N Dryland/Residence
S A (Agricultural) S Dryland
E A (Agricultural) E Dryland
W A (Agricultural) W Dryland
COMMENTS:
Mobile Home on site, 2 RV campers, large shop, misc. debris. No animals were visible
upon site inspection.
V1
ac L
Voneen Macklin, Planning Tech
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, 915 10th Street, First Floor, Greeley, Colorado, 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) 356-4000, 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.
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.
DATE: December 13, 2004
TIME: 9:00 a.m.
APPLICANT:
Tim and Elaine Winick
25575 Weld County Road 89
Orchard, Colorado 80649
REQUEST: Zoning Permit for a Mobile Home, ZPMH #2424, for a Mobile Home to be used as a
Temporary Accessory to the Farm
LEGAL DESCRIPTION: S1/2 NE1/4 of Section 29, Township 5 North, Range 61 West of the 6th
P.M., Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 2, 2004
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the
following property owners.
DATED this 3rd day of December, 2004.
TIM AND ELAINE WINICK
25575 WELD COUNTY ROAD 89
ORCHARD CO 80649
DAVID BALE
25717 WELD COUNTY ROAD 89
ORCHARD CO 80649
JAMES AND MELODY BURKE
29 WEST 140 BATAVIA ROAD
WARRENVILLE IL 60555
STATE OF COLORADO
1313 SHERMAN STREET #620
DENVER CO 80203
KAYING LEE
14230 NORTH WATKINS MILE ROAD
BRIGHTON CO 80603
di � e m4,.
Deputy Clerk to the Board
ZONING PERMIT MOBILE HOME (ZPMH) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: ,943Li
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number n9 4 I _ 2_ 9 - 1 _ G O _ O lc?
(12 digit number-found on Tax I.D.. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description S II.a Jv , Section 2 , Township S North, Range '' / West
Subdivision , Lot , Block
Acres
FEE OWNER(S) OF THE PROPERTY:
Name: I inn d- \CV\ Y\ r �Vj 11 C k
Work Phone# Home Phone#1.703 7c 95-90 Email Address C(a;ne.u)inick@ i{e.co.cts
Address: 2 CC-745 LJ C(` 87
City/State/Zip Code O r e VVC'.rd C o Foca 4(9
TYPE OF APPLICATION - Check one (1)
❑ Temporary Use During Construction of a Residence (6 months) renewable up to 18 months
O Temporary Storage (6 months) renewable by the Board of County Commissioners
Accessory to the Farm
O Accessory Use in the C (Commercial) or I (Industrial) zone district (for first mobile home)
❑ More than one MH as Accessory to Farm
❑ MH used as Accessory Use as an Office in the A (Agricultural) zone district.
❑ More than one MH as Accessory Use in C (Commercial) or I (Industrial) zone district
❑ Temporary Use during a Medical Hardship
❑ Principle Dwelling
TYPE OF SEWAGE DISPOSAL WATER SUPPLY
❑ Public or private company ❑ Public or private company
Septic Tank - ISDS Permit# SQ N 0 (c ) '<Individual (well, cistern) Permit#
Copy of permit attached: Yes a No 0 Copy of permit attached: Yes No ❑
ACCESS:
Existing -Address 2'75—'76 ( RA-- ' ) 0 Proposed -Access off of
What housing is available on the property and what is its present use? mOJ Annu - S;tLArt �V
How many mobile homes are on the.property at the present time? nz-
I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from II fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must b cluded showin the
signatory has to legal authority to sign for the corporation.
</L lAtk s�"44)--e-tL ra‘/,/y‘/,/ySignature: Owner or Authorized Agent Date Signature: Owner Au orized Agent Date
-6-
ACCESSORY TO THE FARM CERTIFICATION
I (We)hereby certify, under penalty of perjury and after carefully reading the entire contents of this document,that the
below stated information is true and correct to the best of my knowledge.
1. Describe below in detail,or attach a letter describing the farming operation and the role/duties of the occupant
of the mobile home in that operation. Attach tax records, employment agreements or any other documents
to provide evidence that the occupant is principally employed at or principally engaged in the farming
operation.
ROL-/V2 kowkd Core far ant is Ottil (d -ices1 erey%�'e
5ecuril yYtOl,v are-ids it9sks > (-e?0 (re/.
2. How many hours per week/month will the occupant be working at the farming operation?
(2S his per ( A )Cei
3. Will the occupant of the mobile home be employed elsewhere? How many hours per week or month?
tN..) Ur
4. The parcel, where the mobile home will be located is on 8-0 acres.
5. How many acres are productive farm ground 75 I
6. Please list crops associated with the parcel: \T-• 1.51--- (aMa'
7. How many farm animals are on site: 1 --L pi 95 Please list the type of animals to be cared
for: y t ( j CUW , CAl ((0c-�'r-
8. What type of water sources are available for your operation? W
9. Is there any other information you would like to provide to be included in consideration of this application?
e- doAk eve 0-1ky flaACl/k e-1/1/le(byPe.\ lore, yef u:e core_
�lann`tag QL-eQJ c ca.AcIA -exror45 an
I have read and understand Section 23-4-170 of the Weld County Code regarding accessory to the farm use. I also
understand that this is a temporary us and that I must revalidate the use on an annual basis that the occupant of the
mobile home is principally employe t or principally engaged in the farming operation. I affirm and acknowledge that
the above statements are ue correct.
ign e Signature
Subscribed and sworn to before me this i7 day of 5erale,fiat , 20 O 9 .
My commission expires lv,/Z7/07 C7P4-2t 7�.J ,
Notary Public
-9-
REFERRAL LIST
NAME:Tim& Elaine Winick CASE NUMBER:ZPMH-2424
REFERRALS SENT: September 21, 2004 REFERRALS TO BE RECEIVED BY: October 19, 2004
COUNTY TOWNS and CITIES
_Attorney Ault
_X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
Sheriffs Office Eaton
_X Public Works Erie
Housing Authority Evans
Airport Authority Firestone
Building Inspection Fort Lupton
Code Enforcement Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
West of I-25 (Loveland) Lochbuie
East of 1-25 (Greeley) Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
_X Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X School District-50J Greeley
Ditch Company Longmont
West Adams
COMMISSION/BOARD MEMBER
•
(ieitt‘e-No,
Weld County Referral
September 21 , 2004
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Tim & Elaine Winick Case Number ZPMH-2424
Please Reply By October 19, 2004 Planner Wendi Inloes
Project Zoning Permit for a Mobile Home used as a Temporary Accessory to the Farm
Legal S2 NE4 of Section 29, T5N, R61W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to CR 89; south of CR 52
Parcel Number 0969 29 100014
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
51 We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Date y_,� 9 - .: 9
f_ snx
Agency li 1� e dcri2_ f'
+Weld County Planning Dept. +918 10'h Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 4(970)304-6498 fax
KitMemorandum
TO: W.C.11 I Il Plannin , Wendi Inloes
g
C DATE: October 11, 2004
fay
COLORADO FROM: , EH Services,-Deborah Blandin
CASE: ZPMH- 2424
APPLICANT: Tim & Elaine Winick
Environmental Health Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. The Weld County Department of Public Health and Environment has a septic
permit on file for this property (SP-0000607). Any additional hydraulic load to this
system will require an I.S.D.S. Evaluation prior to the issuance of the required
septic permit(s). In the event the system(s) is found to be inadequate, the
system(s) must be brought into compliance with current I.S.D.S. regulations.
Weld County Referral
WCIEOVE --.
September 21 , 2004
SEP 2 3 2001
COLORADO
WELD COUNTY PUBLIC WORKS DEPT
The Weld County Department of Planning Services has received the following item for review:
Applicant Tim & Elaine Winick Case Number ZPMH-2424
Please Reply By October 19, 2004 Planner Wendi Inloes
Project Zoning Permit for a Mobile Home used as a Temporary Accessory to the Farm
Legal S2 NE4 of Section 29, T5N, R61 W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to CR 89; south of CR 52
Parcel Number 0969 29 100014
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
ai See attached letter.
Comments:
Signature /AS e*eitiO Date c - ?O -0
Agency Pu,(a.CA c., t2',-.142-al
+Weld County Planning Dept. +918 10"'Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax
ract,,, ‘"
MEMORANDUM
WII TO: Wendi Inloes, Planning Tech II DATE: 10/1/2004
C FROM: Donald Carroll, Engineering Administrator igg
COLORADO SUBJECT: ZPMH-2424, Tim & Elaine Winick
The Weld County Public Works Department has reviewed this proposal. Our comments and
requirements are as follows:
COMMENTS:
WCR 89 is designated on the Weld County Road Classification Plan (FHU) as a local gravel
road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-
way. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the
Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured
from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
The applicant shall utilize the existing residential access to this parcel.
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
pc: ZMPH-2424 M:\PLANNING-DEVELOPMENT REVIEW\ZMPH\ZPMH-2424.DOC
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497
Road File#: 31 Date: '3 c, -0 7
RE# : Other Case#: a pM _ ay2,cef
1. Applicant Name —T r M.- -,, Pat, C e I'l t(- Phone 9 70— ZiD 9 S tO
II Address R �7 75 w C.P 0 q City 0 c-c__kG ra State CO Zip 0 u�a
2. Address or Location of Access v2 55- 75 Lu C 0 �7
Section L Township 5/1/ Range f(I.) Subdivision Block Lot
/
1
Weld County Road#: [�9 Side of Road \1 11 Distance from nearest intersection . 25-/14( ii"S
3. Is there an existing access(es) to the property? Yes X No #of Accesses
4. Proposed Use:
Permanent Residential/Agricultural U Industrial
❑ Temporary LI Subdivision U Commercial U Other
4,4,4,4,,,,,.,
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential
O&G = Oil &Gas
D.R. = Ditch Road
0 = House
O = Shed
L1 = Proposed Access
• = Existing Access
NT
4,4,,4,4,..
OFFICE USE ONLY:
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized O Information Insufficient
Reviewed By: Title:
-7-
co
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Subject Property for ZPMH-2424
Tim and Elaine Winick
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WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497
Road File#: Date:
RE# : Other Case#:
1. Applicant Name 7' m „d' kAtl Vl 1 U Phone 97o-st[e - 9 S-9p
Address -c s-7S w Ce— c�q City Q nc tna rd State Co Zip at Co(n
2. Address or Location of Access 62 S S 4 J 75 ( C R
Section ( Township S1n U Range (1/ (k) Subdivision Block Lot
Weld County Road #: R9 Side of Road Vi Distance from nearest intersection I, 41 I2"s
3. Is there an existing access(es)to the property? Yes X No #of Accesses
4. Proposed Use:
❑ Permanent Residential/Agricultural ❑ Industrial
❑ Temporary U Subdivision U Commercial ❑ Other
5. Site Sketch
Legend for Access Description:
AG
= Agricultural
RES = Residential
O&G = Oil&Gas
D.R. = Ditch Road „
= House
= Shed
A = Proposed Access
• = Existing Access
Ni
Wit` 5-
OFFICE USE ONLY:
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
-7-
3 3 03:45P
111111111111111111111 M 1111111111111111 I I 11111111111111
1 of 1 R 5.00 0 2.20 Weld County CO
WARRANTY DEED
THIS DEED, Made this 31st day of July, 2000 between
Loraine C. Fels a/k/a Loraine M. Fels, Barton L. Fels and Louis L. Fels,
of the County of Sonoma and
State of California, grantor, and
Tim Winick and Elaine Rivas
whose legal address is 1938 28th Avenue, Greeley, Colorado 80634
of the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of TWENTY TWO THOUSAND
AND 00/100, ($22,000.00) Dollars, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns
forever, not in tenancy in common but in JOINT TENANCY, all real property, together
with improvements, if any, situate, lying and being in the County of Weld and State
of Colorado, described as follows:
The S1/2 of the NE1/4 of Section 29, Township 5 North, Range 61 West of the 6th P.M. ,
County of Weld, State of Colorado.
also known by street and number as TBD Weld County Road 89, Weld County, Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, 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 grantees, their heirs and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing 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 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
general taxes for 2000 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
RESERVING HOWEVER, unto grantor, all oil, gas and other minerals presently owned by
said grantor, if any, in, on, under, upon and that may be produced from said premises,
TOGETHER WITH the rights of ingress and egress necessary to explore for, mine and
remove such oil, gas and other minerals.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantees, their heirs and assigns,
against all and every person or persons lawfully claiming the whole or any part
thereof.
The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
\L -a,(IA C%Qa , Qn s Na. T��, f, , �° Tk �1�. r
Louis L. Fels, by �oraine M. Fels, CLJ CtXt Loraine C. Fels a 'k�/a Loraine M. Fels
as attorney in fact .(N.. eQ�',�' 00
Barton L. Fels, b�e M. Fels,
as attorney in fact 24 c_ fJ` c
STATE OF CALIFORNIA } � `�
} ss. The foregoing instrument was acknowledged before
County of Sonoma } me this 2000
• u'at 8/
by Loraine C. Fels a/k/a Loraine M. Fels and Barton L. Fels, by Loraine M. Fels, as
attorney in fact and Louis L. Fels, by Loraine M. F , as attorney in fact
Witness my hand and official seal .
MARY P. SINK
,741004V Commission#1266762 _ 9 ,_My commission expires �p /
Notary Public-Califonla
i Son :County_
M,Comm.r cpires Jung 404
NO Y BLIC
No. 921A. Rev. 3-85
r n
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNER
ZPMH-2424
BALE
25717 CR 89
ORCHARD CO 80649
BURKE
29 W 140 BATAVIA RD
WARRENVILLE IL 60555
STATE OF COLORADO
1313 SHERMAN STREET#620
DENVER CO 80203
LEE
14230 N WATKINS MILE RD
BRIGHTON CO 80603
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and
lessees of minerals in accordance with the notification requirements of Weld County in Case Number ZPMH-
2424 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list
this 21st day of September, 2004. E
Donita May
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE f c�Property Legal Description: SO-- O? N� I O-c :Set UYI ��] I T aLC)'Lstur
t or-W1 POv\5z Cpl (Ax-34- a� —"L. Q / C�c.t.rc 4 L�)e(d
SA-G roc C cThcqccAolo
Parcel Number 0 9 C0l - 02 9 - ( _ Q D _ i9
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office, or www.co.weld.co.us).
(Include all lots being included in the application area, If additional space is required,attach an additional sheet)
THE UNDERSIGNED, being first duly sworn, 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 property(the surface estate)within five hundred(500)feet of the property
being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do
the task, and shall be current as of a date no more than thirty(30) days prior to the date the application is submitted
to the Department of Planning Services.
Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of
authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized
evidence must be included indicating the signatory has the legal authority to sign for the corporation.
I (We) hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted
with or contained within the application are true and correct to the best of my(our) knowledge.
e;:„..4,7
244
Signature Date ignature Date Signature Date
-8-
AFFIDAVIT OF INTERESTW LAND OWNERS Page 1 of 1
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 096929100014
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
9/AVYV
Date
Property Owners Within 500 ft. of Parcel* 096929100014
NAME I MAILING ADDRESS )PARCEL IDENTIFICATION#
25717 COUNTY RD 89
ALE DAVID E 096929000015
ORCHARD,CO 80649
25717 COUNTY RD 89
/ BALE DAVID E 096929000016
ORCHARD,CO 80649
29 W 140 BATAVIA RD
BURKE JAMES E& MELODY R 096928000002
WARRENVILLE,IL 60555
COLORADO STATE OF 096929000010
EXEMPT,
1313 SHERMAN ST#620
COLORADO STATE OF 096929000012
DENVER,CO 80203
14230 N WATKINS MILE RD
/ LEE KAYING T& 096928000001
BRIGHTON,CO 80603
http://maps.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN-O96929100014&Par l... 9/15/2004
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 NORTH 17TH AVENUE
GREELEY, COLORADO 80631
PHONE(970) 304-6415 FAX (970) 304-6411
Permit #: SP-0000607 Sec/Twn/Rng: 29 05 61 PERMIT
Owner: WINICK TIM & ELAINE Applied: 10/16/2000
Applicant: WINICK ELAINE Expires: 10/11/2001
Permit Type: RNEW C-Commercial.R=Rtsidrntial r NEW.REPair,VauLT
Parcel #: 0969-29-1-00-014
Location: HWY 34 & WCR 87
Legal Dese:
Description: HOUSE, MBL HOME, SHOP
Commercial: N Residential:Y Acres: 80
# of Persons: 6 Basement Plumbing: Y
#of Bedrooms: 6 Bathrooms - Full: 3 3/4: 0 1/2: 1
Water Public: N Water Source:
Water Private: Y Cistern: N Well: Y Well Permit Number: 227566
Percolation Rate tNt5 Limiting Zone�` ft _in Description
% Ground Slope — Direction ''— Soil Suitable (YIN) y
Engineer Design Required (Y/N)_ t__ In 100 Year Flood Plain (YIN)
From the application information supplied and the on-site soil percolation data the following minimum installation specifications are
required:
Chambers
Septic Tank l?SO gallons, Absorption Trench /a7& square feet
or
Absorption Bed 15440O square feet So
In addition, this permit is subject to the following additional terms and conditions:
5 ,!t`a:=:7 as I YAw a-n otia at.-- LA ` ..ot j ,r t]=
NOTICE
This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County
Department of Public Health and Environment for reasons set forth in the Weld County Individual Sewage Disposal System
Regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this
permit does not constitute assumption by the department or its employees of liability for the failure or inadequacy of the sewage
disposal system.
This permit is not transferable. Before issuing final approval of this permit the Weld County Department of Public Health and
Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final
permit approval is contingent upon the final inspection of the completed system by the Weld County Department of Public Health and
Environment. Thls permit esnires one year from the aonlintlon date.
Fong:s PERMT ironm Health Specialist Date
is No. OFFICE OF THE STA E ENGINEER
8-25 COLOORADO3DWIISI13 yON OF W�ATaE�R RESOURCES
203
(30 Centennial 3)866.3581 A/ C-
WELL PERMIT NUMBER 227566
MErktitr DIV. 1 WD 1 DES. BASIN MD
•
APPROVED WELL LOCATION
WELD COUNTY
TIM WINICK SE 1/4 NE 1/4 Section 29
1938 28TH AVE Township 5 N Range 61 W Sixth P.M.
GREELEY,CO 80634- DISTANCES FROM SECTION LINES
1980 Ft.from North Section Line
(970)392-9620 660 Ft.from East Section Line
RMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
r This well shall be used In such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2.unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors M accordance with Rule 18.
Approved pursuant to CRS 37.92-602(3XbXlIXA)as the only well on a tract of land of 80.00 acres described as the S 1/2,
NE 1/4,Sec.29,Twp.S N,Ping.81 W,Sixth P.M.,Weld County.
The use of ground water from this well is limited to fire protection,ordinary household purposes Inside not more than
three(3)single family dwellings,the watering of poultry,domestic and livestock on a farm or ranch and the
irrigation of not more than one(1)ace of home gardens and lawns.
4 The maximum pumping rate of this well shall not exceed 15 GPM.i) The return flow from the use of this well must be through an individual waste water disposal system of the I
non-evaporative type where the water is returned to the same stream system in which the well Is located.
') This well shall be constructed not more than 200 feet from the location specified on this permit.
‘€}4 1-2.1i CD APPROVED ,1 240. g===st9'r---
EEM Sets� DATE'ISSUED J U L 31 2000 BEXP ON DATE)U L 3 1 2009
feceioto.0463680
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