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HomeMy WebLinkAbout820566.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A POLE BARN GREATER THAN 1, 000 SQUARE FEET - JOHNNY L. MILLER 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 held a public hearing on the 28th day of July, 1982, at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Johnny L. Miller, 3159 Colorado Highway #52, Erie, Colorado 80516, for a Use by Special Review for a pole barn greater than 1, 000 square feet, on the following described real estate, to-wit: Part of the SW4, Section 34 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with the appli- cation requirements of Section 24 . 7 of the Weld County Zoning Ordinance; 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4. 2 of the Weld County Zoning Ordinance as follows : a) The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agri- cultural Zone District in that the use does not con- stitute an interference with agricultural activities . The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. 3. No overlay districts affect the site. Operation and design standards provided adequate protection of the health, safety and welfare of the neighborhood and the County. 320so , l_I� l� - / I Page 2 RE: USR - JOHNNY L. MILLER 4. The proposed expansion will not utilize any land which is presently used for agricultural purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review for a pole barn greater than 1, 000 square feet on the hereinabove described tract of land be, and hereby is, granted subject to the following conditions : 1. The attached standards for use by special review be adopted. 2. The plat for the use by special review permit be placed on record by the Department of Planning Services staff prior to any building permits being issued on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of July, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO qpin T. Martin, Chairman EXCUSED Chuck Carlson, Pro-Tem Norman Carlson EXCUSED . W. Kirby y � z/V o,1ir7` a4/ ATTEST: "` C " ' ' ne K. Steinmark Weld County Clerk and Recorder cand Clerk' to the Board.'.) f Deputy County CI rk APPROVED AS TO' FORM: County Attorney DATE PRESENTED: August 4, 1982 i t a, i ili. .i{ !i _1li I !vi?Shi•t !ill9'aill Y ] I • F? e 9= .I! !il 13915 Ihpd IS�,, d. Y'3iitf3 ! id Hiii4 {;aj7� ii i! cil j5 i 3Ii!i'.f' ''51 a j i !f : ;, i6 If-FE if .I! Yi II 3r!ii Fil. ! lye. I i!e 1 5i s ez :! e?. baz :?a : 177! 5 S.M. 3 I ]l it ig 41.11i;s l-!i S [� ie. i IS i 'i 5, 11;81qg14! It III l i g. E ,il C !I y 23 A: it ?i's1:9lc lest yl; 'p9 5 3!. 'q8 in ii, . e:: . =Y IY al s I .. i N_ ,f t s • ,p]:,t e 3 7 r1 "r i. 2t Y i t- Nt c. et ! In vi : y '—""^ > S I .• - • IV es I sN=r- :, - L ail A..13,3 Id - 4) 00 a. USR-512:82: 27 Johnny & Joyce Miller STANDARDS FOR USE BY SPECIAL REVIEW 1. The type of use shall be a storage building for farm machinery and miscellaneous agricultural products. 2. Design standards for Uses by Special Review, Section 24.5 et. seq. of the Weld County Zoning Ordinance shall be complied with. 3. Operations Standards for Uses by Special Review, Section 24. 6 et. seq. of the Weld County Zoning Ordinance shall be complied with. 4. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services , 5. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. GO:bn A public hearing was conducted on July 28 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Jeannette Sears ASSISTANT COUNTY ATTORNEY, R. Russell Anson PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated July 12, 1982, duly published July 15, 1982 in the LaSalle Leader, a public hearing was held on the request of Johnny L. Miller for a Use by Special Review for a pole barn greater than 1,000 sq. feet. The Planning Commission recommended that this request be approved with conditions and standards. Mr. Johnny Miller was present and commented on his plans. No one was present in opposition to this request. Commissioner N. Carlson made a motion to approve this request, the conditions, and standards as recommended by the Planning Commission. Commissioner Kirby seconded the motion and it carried unanimously. • ./ L-1 )11/«a ..; CA I RMAN '.,M °`'f � .+ p;tpa,., BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD 2\ I t BY• A .C1--y� L� / -j,. D puty County Cler DOCJ&T# 82-44 TAPE# 82-51 LHR 2131 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, 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, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 82-44 APPLICANT Johnny L. Miller 3159 Colorado Highway #52 Erie, Colorado 80516 DATE: July 28 , 1982 TIME: 2 : 00 P. M. REQUEST: Use By Special Review - Pole barn greater than 1,000sq. ft. LEGAL DESCRIPTION Pt. of the SW 1/4 , Section 34 , Township 2 North, Range 68 West of the 6th P. M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: JEANNETTE SEARS, DEPUTY DATED: JULY 12 , 1982 PUBLISHED: July 15 , 1982 in the La Salle Leader LHR2131 Affidavit of Publication STATE OF COLORADO. 1 as. County t of Weld, 1 /nt/'./ < ✓. oto /ld u .t r. of said Clounty of Weld being duly sworn soy tt'.at I an, 9ub.isher of that the same is a weekly newspaper of genera. NOTICE circulation and prscted end pub'lisbea in the ' / '< , ) ,Parsya't to loll minty laws of the town of -Pic'--- .11 -< ,� — - State o 'Catered. and Me Weld in said county and state; that the notice cr adver County Zphily Ordinance,a public hearing win be held in MeCham- nsemem, of which the annexed is a true copy. bers of.: the Beard of County has been publshed i^ sari weekly newspaper CommitOilers of Weld,County, Colorad,Weld County Centennial for -. consecutive Center,',33 ieth Street,-Greeley, Colorado,pt the time spepited,All veers ma .herace was published in the petionithetny Mennen Interested in re u.or and enure Issue of every number of said the Use,�yyy Special Review are rebuestp$.'f0 attend and may be newspaper coring :he period and time ct patio heard. ' anon of said r.o:ire and in the newspaper BE IT A910'KNOWN that the text proper and wt in o supplement thereat'. .list the -and maps'so certified by Ma Weld first publication of said no:re was contained :r. County Manning Commission Co mNa n may ef.the '.`e .ssue ci said newspaper tecr ^ date th= be. .isms lel' u ins doar0 of County r /' " tommisellf elk lomtled mMYWeId �day of .S' ' .- r 19 I.," Will ¢eHa[,913 IeM and ;he last pubs ation dte:est in issue tic MiteL third flit or Ofebiey, Cole. sci3 gewspaper bearing date, the ,'Vii day of ' ac< L : 19.rid; that the sac DOCKET N6.site APPLICANT r: Johnny L.MRler' 3759 Ca1SfEo.$sh`NaYpe:S]. lrlf,Cdllleado fq5/{ nxG. ��"fit L>_. ." <�c DATE:Ain:41 I/'}__ flit t0Y l `` Mtarte i. been pubheh pe period ly and umworrup: jr�. e i!v during the pence ci at least pity-twat con -Pali borng 1'000 sat secutive weeks nex: prior to the first issue thereat( LEGAL DESCRIPTION containing said notice cr advertisement above Pt a/Mt!West plain In.Drain ship I North,tenon N West of the referred to y and that said newspaper was at the 0 P.M* �I time of each of the publications of said notice. Vl�i tFNTY duly qualified for that purpose within the mean- '''''Y SSIONDll t WELD COUNTY,COLORADO mg of an act. entitled. 'An Act Concerning Legal Iv:MARY MM IDGUEMfTEIN Notices, Advertisements and Publications, and ¢OUNdvr C.�pc Amp :•1eECOR'DEIf AN D'CLEIIII(� the Fees of Printers and Publishers thereof. and dy.J..AWRACfYt to Repeal all Acts and Parts of Acts in Conflict jAlf5 with the Provisions of this Act,"' approved April 7, WetANY t2,t%Id,. 1921, and all amendments thereof, and porticu- Published ilaRp'La.5ldR iwpder Thursday, July IS,WM., Early as amended by an act approved, March 30. -- ' 1923, and an act approved May la 1931. P Sher Subscribed and sworn to before me this -...al p< . day of z11-n l� cte 1,-2:—c.,,,_ A.D., -l9: _ ^C ( _-..�1-.-2-c_q-LLIC' -<: ..._.' _-__Lc ._ My commission expires —.1—-_._.l.. Notary Public Affidavit of Publication STATE OF COLORADO ss. County of Weld, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state: that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) *mks); that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a `' supplement thereof; that the first publication of said I °1 :7, ,, notice was contained in the issue of said newspaper •���^ bearing date Svvantaenth } day of July A.D. 19. 82 and the last publication thereof; in the issue of said newspaper bearing date the Seventeenth �` r � '�'t t�f• - day of July D. 19 82 " that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and uninterruptedly during the period of at least six ` months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 17, 1982 Total charge: $12.47 l ir. , L \ \ Advertising Clerk Subscribed and sworn to before me this 17th f July A.D. 19 82 y My co miss expires ._—.—._ Notary Public WWI COMFY cwwssIAus ) BEFORE THE WELD COUNTY, COLORADO PLANNING COPMdI V JUL 8 1982 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY CO GREELEY. COLO. Date July 6, 1982 Case No. USR # 512:82:27 APPLICATION OF Johnny L. Miller ADDRESS 3159 Colorado Highway 52, Erie, Colorado 80516 Moved by Wilbur Wafel that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for site approval ofpnla h rn greatar 1,pn9 covering the following described property in Weld County, Colorado, to-wit: Pt. of the SW1, Section 34, T2N, R68W of the 6th P.M. , Weld County, Colorado be recommended (favorably) (1,104900E626m) to the Board of County Commissioners for the following reasons: The Weld County Planning Commission recommends that this request be approved for the following reasons: - The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance; - It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 1. 1 of the Weld County Zoning Ordinance as follows : The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agricultural Zone District in that the use does not constitute an interference with agricultural activities. The use is both compatible Motion seconded by Bill Diehl Vote: For Passage tarry Kiefer Against Passage Wilbur Wafel Ratty Krvmt7 FA Rai Chart Bill -Diehl rued.Bti^ The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Barbara Nelenn , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on T„ly h, 19R2 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 7th day of 2 'ly(3.74q2(4-4(2--en-1 Secretary- For Bobbie Good( Recor ing Secretary USR-512:82:27 Johnny L. Miller Pt. of the SW14, Section 34, T2N, R68W July 6, 1982 Page 2 with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. - No overlay districts affect the site. Operation and design standards provided adequate protection of the health, safety and welfare of the neighborhood and the County. - The proposed expansion will not utilize any land which is presently used for agricultural purposes. The following conditions are felt necessary for approval of the proposal: - The attached standards for use by special review be adopted; - The plat for the use by special review permit be placed on record by the Department of Planning Services staff prior to any building permits being issued on the site. GO:bn USR-512:82:27 Johnny & Joyce Miller STANDARDS FOR USE BY SPECIAL REVIEW 1. The type of use shall be a storage building for farm machinery and miscellaneous agricultural products. 2. Design standards for Uses by Special Review, Section 24.5 et. seq. of the Weld County Zoning Ordinance shall be complied with. 3. Operations Standards for Uses by Special Review, Section 24.6 et. seq. of the Weld County Zoning Ordinance shall be complied with. 4. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services , 5. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. GO:bn MAILING LIST USR-512:82:27 Johnny L. Miller Richard & Clara Crouse 2199 Colorado Highway 52 Erie, CO 80156 Elsie Isett 3267 County Highway 52 Erie, CO 80516 Norman Lee Hinrichs 3177 Colorady Highway 52 Erie, CO 80516 Leroy & Mary Lane Lontine 3279 CO. Highway 52 Erie, CO 80516 Terry Martinez 423 Ash Street Dacono, CO 80514 Thomas Wooley & Mary Billings P.O. Box 237 Allenspark, CO 80510 Cinque Land Co. & Fred Spallone Ins. Highway 287 & Midway Blvd. Broomfield, CO 80020 Billy Villa 3129 Highway 52 Erie, Colorado 80516 Hello