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RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 8, 2004
TAPE #2004-50
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, November 8, 2004, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem - EXCUSED
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra S. Miller
Controller, Barbara Eurich
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of November 3, 2004, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barbara Eurich, Controller, presented the following warrants for approval by the Board:
All Funds $1,070,518.13
Commissioner Geile moved to approve the warrants as presented by Ms. Eurich. Commissioner Long
seconded the motion, which carried unanimously.
2004-3229
BC0016
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NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 15 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - ELDON AND SHERYL HOUSER: Don
Carroll, Department of Public Works,identified the location of the property and stated all adjacent property
owners were contacted. Commissioner Vaad moved to approve said agreement. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 13 BETWEEN WCR 54 AND STATE HIGHWAY 34:
Frank Hempen, Jr., Director, Department of Public Works, stated said road will be closed from
November 15, 2004 to March 5, 2005 to install a 12-inch water line. He explained Little Thompson Water
District will contact all affected property owners by letter. Responding to Commissioner Vaad, Mr. Hempen
stated property owners will have access to their properties. Commissioner Geile moved to approve said
closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RESOLUTION RE: INCREASE CHANGE FUND IN SOUTHWEST WELD COUNTY
SERVICES COMPLEX,ASSESSOR'S OFFICE: Barbara Eurich, Controller, stated the Southwest Weld
County Assessor's Office needs to increase its change fund. Responding to Commissioner Geile, Ms.
Eurich stated the fund limitation is being increased from $50 to $300. Commissioner Vaad moved to
approve said resolution. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER MOBILE HOME PERMIT,ZPMH#2413-DAVID AND CAROL HYETT: Bruce Barker,County
Attorney,asked that the record show the applicants, David and Carol Hyett,agreed to have the matter heard
before four Commissioners. Jacqueline Hatch, Department of Planning Services,identified the location of
the property. She read the applicants'doctor recommendations into the record,stating the applicants have
requested a mobile home to be used as a Temporary Accessory due to a Medical Hardship. Ms. Hatch
explained the applicants are in violation of Section 23-4-180 of the Weld County Code. Responding to
Commissioner Vaad, Ms. Hatch clarified the history and uses of the three mobile homes on the property.
Carol Hyett,property owner,stated she and her husband operate a horse business and, because of various
medical conditions,they need additional space for their son,who will be living on the property to help with
the business. Dave Hyett, property owner, explained that he and his son have separate supplemental
employment; however,the horse business is their main source of income. Responding to Commissioner
Geile, Mr. Hyettstated there are two septic systems and water taps. Responding to Commissioner Vaad,
Mr. Hyett stated axles are still in place on the mobile homes so they could be moved at any time.
Responding to Commissioner Long, Mr. Hyettstated he plans to combine two trailers into one,which can
be painted or sided so that they look uniform. Commissioner Geile reminded the Hyetts that permits issued
due to a medical hardship, are temporary and need to be reviewed annually. Mr. Hyett addressed the"For
Sale"trailer that is located on the property,stating it would be to costly to set the trailer and,therefore,they
are attempting to sell it and combine the other two trailers into one. Responding to Commissioner Vaad,
Mr. Hyett stated he would guarantee the"For Sale"mobile home would be removed from the property within
thirty days. Responding to Commissioner Vaad, Mr. Barker stated the condition for granting the approval
would be Condition#13 and would include wording requiring the"For Sale" trailer be removed from the
property within thirty days of the date of the Resolution. Mr. and Mrs. Hyett agreed to the Conditions of
Approval. There was no public testimony. Commissioner Vaad moved to approve said Mobile Home Permit
ZPHM #2413 with Conditions of Approval as amended. Seconded by Commissioner Geile, the motion
carried unanimously.
Minutes, November 8, 2004 2004-3229
Page 2 BC0016
CONSIDER MOBILE HOME PERMIT,ZPMH#2415-PEGGY MARTIN: Ms. Hatch identified the location
of the property. She explained that a mobile home located on said property was being used as a residence.
She stated the mobile home is currently permitted as an accessory structure for storage; however,due to
current Weld County regulations,the mobile home cannot be permitted for this use again. Ms.Hatch stated
the applicant is in violation of Section 23-4-180 of the Weld County Code. Peggy Martin, property owner,
stated that due to a special circumstance, she started utilizing the mobile home as a residence for an
acquaintance. Responding to Commissioner Vaad, Ms. Martin stated a domestic well provides water to
both her residence and the mobile home, and one septic system is being utilized by both. Responding to
Commissioner Geile, Ms. Martin stated she was not charging rent to the occupant of the mobile home. Ms.
Hatch summarized the Conditions of Approval to Ms. Martin, stating that, if the circumstances change with
regard to the mobile home being utilized as a residence, the unit will have to be removed. There was no
public testimony. Commissioner Vaad moved to approve said Mobile Home Permit, ZPHM #2415 with
Conditions of Approval. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RENEWAL OF MOBILE HOME PERMIT, ZPMH#1197- HERBERT WAGNER: Ms. Hatch
identified the location of the property. She explained ZPMH #1197 was approved in 1986 for a second
mobile home, as a Temporary Accessory to the Farm. Ms. Hatch stated the two mobile homes are
currently unoccupied, and the Department of Planning Services is requesting justification for the second
mobile home per Section 23-4-170.A.2 of the Weld County Code. Ms. Hatch reviewed the conditions for
granting Mobile Home Permits and the two options available to Mr. Wagner to come into compliance.
Herbert Wagner, property owner, explained the circumstances behind the two mobile homes and stated
he has attempted to comply with all the requirements; however,the cost and demands are too extensive.
He further explained it would be difficult to move the one mobile home, since the axles are buried and he
is planning to use one of the mobile homes as a residence for a relative. Responding to Commissioner
Geile, Mr. Barker stated there is not a specific permit for mobile homes converting to shops; however,the
County does have a permit for the temporary storage of a mobile home. Wendi Inloes, Department of
Planning Services,stated Mr.Wagner can apply for the temporary storage permit for the one mobile home;
however, he cannot use it for storage. Commissioner Vaad stated a solution would be to apply for a Non-
Conforming Use for the mobile home placed on the property prior to 1972 and give Mr.Wagner six months
to decide what he will do with the second mobile home. There was no public testimony. Commissioner
Vaad moved to approve the renewal of Mobile Home Permit,ZPMH#1197,with Conditions of Approval to
include a modification of Condition #6 to include language to be provided by Mr. Barker regarding the
violation. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AMENDED RESUBDIVISION,AMRS#612, FOR LOT LINE ADJUSTMENT-DONALD AND
JOANN BROWN: Sheri Lockman, Department of Planning Services,identified the location of the property.
Ms. Lockman reviewed the circumstances of the amendment. She explained the applicant wants to sell
said property and wants all outstanding issues resolved before the final sale. There was no public
testimony. Commissioner Long moved to approve said amended resubdivision. Seconded by
Commissioner Geile, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Minutes, November 8, 2004 2004-3229
Page 3 BC0016
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
(41,I,
Ell, W D(�COUNTY, COOLLORADO
Gam ( Di' Robert D. Masden, Chair
��v erlu'�o the Board
EXCUSED
p William H. rke, Pro-Tem
BY: 4n/s,,,iti /
Deputy Clerk to the Board — /�,
M. J eile
E
Davi . Long
Glenn Vaad
Minutes, November 8, 2004 2004-3229
Page 4 BC0016
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