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Home My WebLink About20040182.tiff s ' DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 C. 5 N. 17TH AVENUE GREELEY5COLORADO 8 631 COLORADO October 9, 2003 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1450 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, December 16, 2003, at 1:30 p.m.,at the Southwest Weld County Complex,4209 CR 24'/],Longmont,Colorado concerning the request of: NAME: Loyd & Sheila Schlichenmayer FOR: Site Specific Development Plan and Use by Special Review for a single family dwelling unit (other than those permitted under Section 23-3-20.A) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot B of RE-761; part of the SW4 of Section 6,Ti N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: 9/10 mile south of State Hwy 52; east of and adjacent to CR 1. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Kim Ogle, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. r 2004-0182 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER USR-1450 SURFACE ESTATE AND LAND OWNERS ALVAREZ WESTLAND ACQUISITION GROUP LLC 5142 BUFFALO ROAD CIO ROBERT BULTHAUP ERIE CO 80516 6297 S POTOMAC WAY CENTENNIAL CO 80111 BALDWIN 5050 CR 1 ERIE CO 80516 BILLINGS 2246 RIVERSIDE DRIVE LYONS CO 80540 CARMICHAEL 5052 CR 1 ERIE CO 80516 CERTIFICATE OF MAILING CONILOGUE 5080 CR 1 I hereby certify that I have placed a true and ERIE CO 80516 correct copy of the surrounding property owners and owners and lessees of minerals in accordance DAVIS with the notification requirements of Weld County 5152 BUFFALO ROAD in Case Number USR-1450 in the United States ERIE CO 80516 Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 9t day of DURAN October, 2003. 5113 BUFFALO ROAD ERIE CO 80516 HAYEN 5222 BR Print �,�, , M 5222 BROME CT r/u wt�C3 ERIE CO 80516 Donita M y KOSOROK 5163 BUFFALO ROAD ERIE CO 80516 MANLEY 5184 BUFFALO ROAD ERIE CO 80516 MULLINS 5212 BUFFALO ROAD ERIE CO 80516 PATTERSON 5312 BROME COURT ERIE CO 80516 SAMEK 5213 BUFFALO ROAD ERIE CO 80516 AFFIDAVIT OF 1NTERESTE'^`.AND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 146706300004 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. h - 'e. Signature q'— S- 03 Date Property Owners Within 500 ft. of Parcel# 146706300004 NAME MAILING ADDRESS PARCEL IDENTIFICATION 5142 BUFFALO ROAD ALVAREZ MIGUEL O &DELMA LIZ 146706305001 ERIE,CO 80516 5050 WELD CO RD 1 BALDWIN JOEL & ALICE JEAN 146706300010 ERIE,CO 80516 2246 RIVERSIDE DR BILLINGS MARY ALICE(2/3 INT) & 146707000031 LYONS,CO 80540 5052 COUNTY RD 1 CARMICHAEL JOHN & 146706300009 ERIE,CO 80516 5080 WELD CO RD 1 CONILOGUE CHARLES 146706300005 ERIE,CO 80516 5152 BUFFALO RD DAVIS ALBERT S JR& DIANA S 146706305002 ERIE,CO 80516 5113 BUFFALO RD DURAN ANDREW CLAUDIO 146706303005 ERIE,CO 80516 5222 BROME CT HAYDEN DAVID L 146706305004 ERIE,CO 80516 5163 BUFFALO RD AFFIDAVIT OF INTERESTr.AND OWNERS ^ Page 2 of 2 KOSOROK KATHLEEN D 146706303006 ERIE,CO 80516 5184 BUFFALO RD MANLEY GARY A& SUE A 146706305003 ERIE,CO 80516 5212 BUFFALO RD MULLINS JOSEPH I 146706305005 ERIE,CO 80516 5312 BROME COURT PATTERSON STEPHEN B 146706300011 ERIE,CO 80516 5213 BUFFALO RD SAMEK BUNEETA ANN 146706303007 ERIE,CO 80516 C/O ROBERT WESTLAND ACQUISITION GROUP BULTHAUP 146706300007 LLC 6297 S POTOMAC WAY CENTENNIAL,CO 80111 Jan .20. 2004 8 : 10AM West Greeley Law Center No•5138 P . 2 OCS OTIIS, CORN& STEWART, LLC a . ■ Attorneys And Counselors At Law Pred L.Otis ilstirilenkazin January 19,2004 Weld County Commissioners PO Box 758 Greeley,CO 80632 Ms.Monica Daniels Mika Director Weld County Department of Planning Services 1555 North 17'Avenue Greeley, CO 80631 RE: USR Application 1450,Loyd & Sheila Schiichenmayer Lot B of RE 761; part of SW4 Section 6,Township 1 North,Range 68 West of the 6'h P.M.,Weld County,Colorado Dear Commissioners and Director Mika: Please consider this letter a request pursuant to Section 23-2-260A of the Weld County Zoning Code for a determination by the Director of Planning Services or the Board of County Commissioners that an affidavit of mineral owners is unnecessary for a decision on the referenced application. Last week,I received a call from Kim Ogle,Weld County Planning Department, asking for an affidavit of mineral owners pursuant to Section 23-2-260(10). After receiving the call from Mr. Ogle, and at his request, I telephoned Assistant Weld County Attorney Lee Morrison and reminded him that my September 9, 2003, transmittal letter with the referenced USE.Application requested a waiver of the affidavit and certified list of mineral owners. While I understand neither the Director of Planning Services nor the Commissioners have made a determination this requirement is unnecessary for a decision on the USE.application,I have not received any notice from anyone after my September 9,2003, letter,until last week, that a mineral notification would be required or that my request was denied. The Doyle Building, 1812 56'h Avenue,Greeley,Colorado 80634 Telephone:970-330-6700 Fax:970-330-2969 Metro:303-659-7576 E-Mail:OCSLawgtocslaw.00m Jan •20 . 2004 8: 11AM West Greeley Law Center No•5138 P• 3 January 19, 2004 Page 2 of 2 Simply put,the filed USE.Application is to change the use of an existing building, and, therefore,there are no new uses of the surface beyond the customary setbacks from the building that would cause a mineral owner/lessee to loose its right of development. The state statute (C.R.S. 24-65.5-101 et seq.)clearly creates an exception where there is no new surface development. Accordingly,the Schlichenmayers are requesting the Director of Planning Services and/or the County Commissioners waive the County requirement(Section 23-2- 260(10)). After speaking with Lee Morrison on January 15,2004, I called and left a message for Bill Crews at Crews&Zeren(Crews and Zeren being the only credible local source of mineral research). Mr. Crews has yet to return my telephone call. Shiela Schlienmayer called Cindy Zeren today and was told it would take at least two weeks to start a mineral search. As an alternative, in an effort to obtain some information on the development of minerals in the area, I researched the Colorado Oil&Gas Conservation Commission website and determined there is an operating well in this quarter section known as "1 Bearden", Well No. 05-123-09764 which is operated, according to the county assessor's records,by EnCana Oil &Gas(USA)Inc., do Logan and Famine,Inc., 333 West Hampden Avenue, Suite 740,Englewood, Colorado, 80110 and 950 17th Street, Suite 2600,Denver, Colorado, 80202-2828. My research indicated EnCana may also have addresses at: EnCana Energy Resources, Inc., 95017th Street, Suite 2600,Denver, Colorado, 80202-2828, and EnCana Energy Resources, Inc., 1313 Denver Avenue,Fort Lupton, Colorado, 80621. Mr. and Mrs. Schlichenmayer respectfully request that either notice be given to EnCana at the above addresses in satisfaction of Section 23-2-260(10), or the requirement be entirely waived. In the event you agree that notice to the above addresses is satisfactory,I would appreciate the Clerk sending the notices as soon as possible so the hearings will not have to be delayed or rescheduled. 71y, /{J`^' - Fred L. Otis FLO:mas xc Mr. and Mrs.Loyd Schliche m►ayer Mr. Kim Ogle Weld County Planning Department Mr.Lee Morrison Assistant Weld County Attorney ESTHER Gesick - add to schlicenmeyer sp mailing Page 1 From: LEE Morrison To: ESTHER Gesick Date: 1/19/04 3:01 PM Subject: add to schlicenmeyer sp mailing EnCana Oil & Gas (USA) Inc., c/o Logan and Firmine, Inc., 333 West Hampden Avenue, Suite 740, Englewood, Colorado, 80110. My research indicated EnCana may also have addresses at: EnCana Energy Resources, Inc., 950 17th Street, Suite 2600, Denver, Colorado, 80202-2828, and EnCana Energy Resources, Inc., 1313 Denver Avenue, Fort Lupton, Colorado, 80621. Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80632 (970)356-4000 x 4395 FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient, please reply and delete your copy of this message." Hello