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HomeMy WebLinkAbout20040176.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Loyd & Sheila Schlichenmayer Case Number USR 1450 Submitted or Prepared Prior to At Hearing Hearing —4 _. .-Plan 2 Staff Comments X Department of Planning Services field check form X Planning Commissioner Folsom field check form Letter(s)to Applicant X Electronic Mailings regarding application X Photograph of sign posting &Affidavit of Sign Posting X Legal Notifications X 3 Application X Maps X 4 Referral List X Referrals without comment X Town of Erie, referral received October 16,2003 X Referrals with comments • 5 Weld County Code Compliance, referral received October 13, X 2003 6 Weld County Department of Public Health and Environment, X referral received October 14, 2003 7 Mountain View Fire Protection District, referral received October X 16, 2003 8 State of Colorado, Office of the State Engineer, referral received X October 24, 2003 9 Weld County Department of Public Works, referral received X November 5, 2003 10 St. Vrain School District, referral received November 7, 2003 X 11 Weld County Department of Building Inspection, referral X received September 15, 2003 12 Affidavit Sign Posting (Iii u,�d.— t°„n»� 13 Photographs of Interior of Pole Barn converted to Residence provided X by Fred Otis, Otis, Coen &Stewart, attorneys and applicant's representative-Packet 1 2004-0176 14 Photographs of Interior of Pole Barn converted to Residence provided X by Fred Otis,Otis,Coan &Stewart,attorneys and applicant's representative-Packet 2 15 16 I hereby certify that the 14 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Kim Ogle + Manager .r. /‘& 1,t WIiDc LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1450 Hearing Date: December 16, 2003 Applicant: Loyd and Sheila Schlichenmayer Address: do Fred L. Otis, Otis, Coan & Stewart 1812 56'"Avenue, Greeley, CO 80634 Request: A Site Specific Development Plan and a Special Review Permit for a single family dwelling unit(other than those permitted under Section 23-3-20.A)in the A(Agricultural)Zone District. Legal: Lot B of RE-761; part of the SW4 of Section 6, TIN, 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. Size of Parcel: 3 +/-acres Parcel Number: 1467 06 300004 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 10-13-2003 • Weld County Department of Public Health and Environment, referral received 10-14-2003 • Mountain View Fire Protection District, referral received 10-16-2003 • Town of Erie, referral received 10-16-2003 • State of Colorado, Division of Water Resources, referral received 10-29-2003 • Weld County Department of Public Works, referral received 11-5-2003 • School District RE-1J, referral received 11-7-2003 • Weld County Department of Building Inspection, referral received 11-19-2003 The Department of Planning Services' staff did not receive a response from the following agencies: • Weld County Sheriffs Office • Boulder Soil Conservation District • Boulder County • Town of Frederick Pagelof9 11 EXHIBIT SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Kim Ogle Case Number: USR-1450 Hearing Date: December 16, 2003 Applicant: Loyd and Sheila Schlichenmayer Address: c/o Fred L. Otis, Otis, Coan & Stewart 1812 56'h Avenue, Greeley, CO 80634 Request: A Site Specific Development Plan and a Special Review Permit for a single family dwelling unit(other than those permitted under Section 23-3-20.A)in the A(Agricultural)Zone District. Legal: 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. Size of Parcel: 3 +/-acres Parcel Number: 1467 06 300004 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60.A.1. (A.Goal 1)Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture. The proposal does not effect the productivity of the site. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Chapter 23, Article III, Division 1, Sections 23-3-20.A and 23-3-40. L of the Weld County Code provide for a Single Family Dwelling Unit, other than those permitted under Chapter 23, Article III, Division 1, Section 23-3-20.A, in the A (Agricultural) Zone District, subject to a Use by Special Review Permit. There is currently one single family residence located on the property, situs address 5090 CR 1, Erie. There is a current combined Building and Zoning Violation(VI-0300134)on the property that was initiated as a result of the conversion and utilization of a barn/garage as a dwelling unit .-. without the necessary building and zoning permits. Page 2 of 9 C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are predominantly rural residential developments, recorded exemption lots and agricultural lands with residences. Boulder County open space is immediately to the west. Conditions of Approval and Development Standards are proposed to ensure that the applicant's proposed use will remain compatible with the existing surrounding land uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.The site is within a three mile radius to the Towns of Erie and Frederick. The Town of Erie stated that the request does not comply with their comprehensive plan. The land use designation for this parcel is 1 dwelling unit per each five acres.The property is not influenced by either an Intergovernmental Agreement or an Urban Growth Boundary. The Town of Frederick did not respond to the referral. E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The site is located within the 100-year floodplain as delineated on the FIRM Community Panel Map 080266 0960 D dated September 28, 1992. The applicant will be required to amend the existing Flood Hazard Development Permit(FHDP-361)to bring the property and the new use into compliance with the Federal Emergency Management Agency (FEMA) requirements. The Department of Building Inspection is requiring an amended Flood Hazard Development Permit be submitted for the conversion of this building to a dwelling. 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. F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The U.S.D.A. soils maps indicate that the soils on this property are designated "Prime" land. The property under review is 3 acres in size and is not considered to be a viable agricultural property. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. General Comment from the Department of Public Health and Environment: It is obvious from the submitted materials that extenuating circumstance led to the construction and development of the second home on this property. The approval and continued use of the second home does not meet the Department of Public Health and Environment policy in regard to density of septic systems per acreage(current policy recommends a minimum density of one septic system per two and one-half acres). If allowed,the density of septic systems would be one per one and one-half acres. Additionally, the well permit provided in the application materials indicates that the flow of the well serving the second home is 6 gpm. The Department of Public Health and Environment has discussed the well production with Loyd Schlichenmayer, applicant. Mr. Schlichenmayer indicated that they have installed a pressure tank to address the low flow of the well. Pressure tanks are commonly incorporated into water systems to supplement low-flow wells. Page 3 of 9 The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department of Planning Services) If this application is approved and once a plat has been recorded, the violation will be closed; however, if for any reason this application is denied, the violation process will continue. If denied, within 30 days from denial, the residential use and occupancy of the structure under review by this application shall cease immediately. The violation case associated with this property will be presented to the Board of County Commissioners through the Violation Hearing process. (Department of Planning Services) 2. Prior to recording the plat: A. The applicant shall designate envelopes for replacement absorption fields for both residences. The envelopes shall be designated on the plat and language for the preservation and/or protection of the second absorption field envelope shall be noted on the plat. Specifically, the plat shall state that activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.)are expressly prohibited in the designated absorption field site. The applicant shall submit evidence of compliance to the Department of Planning Services. (Department of Public Health and Environment) B. The second residence does not have an approved septic system. A septic systems permit shall be obtained from the Weld County Department of Public Health & Environment. The septic system must comply with all requirements of the Weld County Code. Permitting of the system shall be conducted in accordance with Department policy regarding septic systems installed without an appropriate permit. Further, because the system is located within the flood plain it must comply with the Weld County I.S.D.S. flood plain policy. The applicant shall submit evidence of compliance to the Department of Planning Services. (Department of Public Health and Environment) C. The plat shall be amended to delineate the following: 1) The plat shall be labeled USR-1450 (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) Adherence to Section 23-2-260.D of the Weld County Code which pertains to the Special Review Permit Plan Map. (Department of Planning Services) 4) County Road 1 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a future major arterial road, which requires a 140-foot right-of-way at full build out. This section of road falls under the maintenance of Boulder County. The applicant may reserve and show on the plat drawing the future right-of-way adjacent to County Road 1 designating 70 feet from the section line/center line of County Road 1 to the future right-of-way line. The applicant should be aware that there shall be no permanent structures allowed in this future right-of-way. (Department of Public Works) 5) The limited access to County Road 1 involves sharing an access point for multiple parcels. Utilize the existing access. (Department of Public Works) Page 4 of 9 6) All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. (Department of Public Works) D. The applicant must obtain a building permit for the modified pole barn that has been converted into a duplex. Further the structure shall comply with all installation standards of Chapter 29 of the Weld County Code. (Department of Building Inspection) E. The applicant shall submit written evidence to the Department of Planning Services stating that the duplex has been converted into a single family residence that has one permanent kitchen. The structure will be in compliance with the definition of a single family dwelling as stated in the Weld County Code. (Department of Planning Services) F. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld County Treasurer showing no delinquent taxes exist for the subject parcel. (Department of Planning Services) G. The applicant shall provide written evidence of compliance with all basic life-safety issues as outlined in the referral received October 16, 2003 from the Mountain View Fire Protection District. (Mountain View Fire Protection District, Department of Planning Services) H The applicant shall attempt to comply with the requirements of the Mountain View Fire Protection District as outlined in the referral received October 16, 2003. Written evidence of such shall be submitted to the Department of Planning Services. (Mountain View Fire Protection District, Department of Planning Services) The applicant shall amend the existing Flood Hazard Development Permit, FHDP-361 to bring the property and the new use into compliance with the Federal Emergency Management Agency(FEMA) requirements. (Department of Planning Services) J. The applicant shall provide written evidence of compliance with the State of Colorado, Office of the State Engineer concerning the existing well, permit no. 252966 to the Department of Planning Services. (Office of the State Engineer, Department of Planning Services) K. In a letter dated November 7, 2003, the St Vrain School District states they are opposed to the approval of this application due to the developments impact on already overcrowded school facilities. The District further states that"...should the County approve recommend approval of this development proposal, the School District's cash-in- lieu and/or land dedication requirements would still need to be satisfied. Since this property is not a likely future school site, the cash-in-lieu fee would be assessed per lot within the development. Further, the letter states, The School District's current opposition may be modified should the developer come to an agreement with the School District regarding capacity concerns. School District policy acknowledges two possible ways to accommodate this. This first is for the developer to agree to mitigate the development's potential impact on capacity by agreeing on a voluntary, per unit contribution to the School District, in addition to the cash-in-lieu funds. The second way to resolve capacity concerns would be for the developer to commit to not constructing any residential structures prior to the availability of school capacity. The applicant shall provide written Page 5 of 9 .-� evidence to the Department of Planning Services addressing the concerns of the St. Vrain School District. (St. Vrain Schools) L. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. The applicant indicated that there is a 20-foot access easement by record, Record No. 02034134. This document should be included in the record prior to recording. (Department of Public Works, Department of Planning Services) 3. Prior to obtaining a Certificate of Occupancy A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. Written evidence shall be provided to the Department of Planning Services stating that all conditions associated with the Flood Hazard Development Permit, AmFHDP-361 have been met to the satisfaction of the Departments of Building Inspection, Public Health and Environment and Planning Services. (Department of Planning Services) C. Written evidence shall be provided to the Department of Planning Services stating that all conditions, issues and factors associated with the Department of Building Inspection on- site inspection and plan review have been addressed to their satisfaction. (Departments of Building Inspection, Planning Services) 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 5. The applicant shall submit an digital file of all drawings associated with the Use by Special Review application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder, (Department of Planning Services) Page 6 of 9 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Loyd & Sheila Schlichenmayer USR-1450 1. The Site Specific Development Plan and Special Use Permit is for a Single Family Dwelling Unit, Other than Those Permitted under Chapter 23, Article III, Division 1, Section 23-3-20.A, in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Heath and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.,as amended.(Department of Public Heath and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Heath and Environment) 6. Fugitive dust shall be controlled on this site. (Department of Public Heath and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Heath and Environment) 8. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Heath and Environment) 9. This application is proposing a well(s)as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only,etc.Also,the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Heath and Environment) 10. Further subdivision of this parcel will require the vacation of USR-1450. (Department of Planning Services) 11. The 8000 square foot structure that has been converted to a single family residence with workshop space shall be for family members only. The single family residence shall not be used as a rental for non-family members. (Department of Planning Services) 12. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) Page 7 of 9 13. Building permits shall be obtained for the conversion of the garage/shop into a dwelling. (Department of Building Inspection) 14. A plan review is required. Details shall be submitted to the Building Inspection Department to explain all structural and life safety aspects of this conversion. (Department of Building Inspection) 15. This building shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 1997 Uniform Building Code; 1998 International Mechanical Code;1997 International Plumbing Code;2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 16. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) 17. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 18. 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. (Department of Planning Services) 19. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 20. 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 Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 23. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. r Page 8 of 9 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Page 9 of 9 Kim Ogle-Schlickenmayer Page 1 From: Jeff Reif To: Ogle, Kim Date: 12/1/03 1:40PM Subject: Schlickenmayer Tracy just called. He said all the egress windows have been installed and smoke detectors were added to all necessary locations. He wanted to keep us informed as to their progress. Jeff. r-. Kim Ogle- Schlichenmayer Page 1 From: Jeff Reif To: GREGORY, PEGGY Date: 11/6/03 1:42PM Subject: Schlichenmayer I made a site visit there yesterday. There are two areas where smoke detectors are needed and Stacy said he will install them, but proper detectors are installed in all other required locations. Each bedroom has an opening framed for an egress window, and in the event of an emergency, egress may be accomplished by pushing a piece of styrofoam that currently fills the window opening. The windows have not been received yet, but Stacy said he would install them as soon as they are delivered, hopefully this weekend. I left a message for LuAnn Penfold, Mountain View FPD, and the Schlichenmayer's attorney, Fred Otis, informing them of my site visit. Jeff. CC: Ogle, Kim DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE WUD GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US O PHONE (970) 353-6100, EXT. 3540 FAX(970)304-6498 COLORADO October 19,2003 Fred Otis Otis, Coan &Stewart, LLC The Doyle Building 1812 56th Avenue Greeley, CO 80631 Subject: USR-1450; Referral from Mountain View Fire Protection District Dear Fred: The Department of Planning Services received the Mountain View Fire Protection District referral for the Schlichenmayer application via facsimile on Friday October 17, 2003. The receipt of this facsimile followed a conversation with the Fire Marshal concerning this application. After the initial discussion with the Department of Building Inspection, Planning Services and the Fire District, Staff contacted the County Attorney's office. In consultation with Attorney Barker, it was determined that at a minimum the Schlichenmayer's should apply for and be approved for a building permit to complete the installation of the required residential smoke detectors, the proper egress/rescue windows and the fire separation wall between the garage/shop/storage areas and the living space, at a minimum. Given that this is an issue of basic life safety for the inhabitants, this office will require the above referenced issues to be completed prior to November 1, 2003. An inspection shall be scheduled with the Department of Building Inspection and the Mountain View Fire Protection District on Friday, October 31, 2003 to verify the items have been completed to the satisfaction of each office. Should it be determined that the required improvements as directed by this referral have not been completed by this date, the case will be referred to the Board of County Commissioners for immediate action at the scheduled November 18, 2003 violation hearing under case number VI-0300134. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, K ' Ogle Pla •-r Enclosures:Mountain View Fire Protection District Referral pc: M. Mika, Director J. Reif,Building Official L. Penfold,MVFPD D. Renley,Plans Examiner P.Gregory, Building Compliance File: USR-1450 VI-0300134 d Kik DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 ' WEBSITE:www.co.weld.co.us C. E-mail 9HONE(970) 3 6100, EXT. 3540 FAX (9 O) 304-6498 COLORADO October 9, 2003 Fred Otis Otis, Coan & Stewart, LLC The Doyle Building 1812 56th Avenue Greeley, CO 80631 ,r^ Subject: Schlichenmayer Violation Hearing of October 14, 2003 Dear Fred: The Department of Planning Services and Building Inspection has placed the scheduled hearing for case number VI-0300134 on Administrative hold pending the outcome of the current Use by Special Review application for a single family dwelling unit (other than those permitted under Section 23-3-20.A) in the A (Agricultural) Zone District. Should the conditions of approval not be met by your client, or should the application be denied by the Board of County Commissioners, staff will reschedule your clients, Loyd and Sheila Schlichenmayer, for a building violation hearing before the Board of County Commissioners. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Kim yle Planner III pc: P.Gregory,Building Compliance File: USR- .••-• VI-0300134 6 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE WILD c. GREELEY, COLORADO 80631 COLORADO October 9,2003 Loyd&Sheila Schlichenmayer 5090 CR 1 Erie CO 80516 Subject: USR-1450- Request for a Site Specific Development Plan and Use by Special Review on a parcel of land _ described as Lot B of RE-761; part of the SW4 of Section 6, Ti N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for December 16,2003, at 1:30 p.m. This meeting will take place at the Southwest Weld County Complex, 4209 CR 24 %Y, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Erie and Frederick Planning Commission for their review and comments. Please call Erie at(303)926-2700 and Frederick at(303)833-2388 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Erie and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Res ectfully, r im falanne cP.SNIPPII War- es'Icaats..‘, 1-1 : f 9c NOTICE wti• - A PUBLIC HEARING CONCERNING • -- .,,rgiv .' THIS PROPERTY WILL BE HELD AT: SourwwiS wm. c.cuw Y ccacc ' 4'LOa C► t4.., cose•hs a V 'T' ! r ON pEG I40 . 2001 AT I ' '1°P {‘ it, i / ►rj7 ",S'.`* 1.....4 44,,;i. NAME SCADILI H6NMAY r.+o+-r..++ { REOUEST5u c•+.• *sc g4-1..a. . CASE N0. 4s4=' ----.3 ' ACRES _ . FOR MORE INFORMATION CALL - WELD COUNTY DEPARTMENT OF > ; ,. ; PLANNING SERVICES AT ' (970)353-6100 ext. 3540 r . I `` \ y _ . . ._ P.1 t ■ ■ II ■ ■ I �' ■ ■ ■ i SII ■ ■ L ' . ■ ■ ■ ■ ■ ■ ■ R R R R L R. r ': � t _ - + 0. r 1' r S 7 • reity 'A, &ei4 Ti 1 i S a • C i \ fly \ 2 , . • La;, yk.. Y a • ` y.' ;• y tar .1,-% p t7v • 1 1` 11 t�- ' r '• r��� , 7..`r . • _ . . LCI Y \ - f' c ot, rt.,. h - '_ . r Aft . f arc , Citv ,, -•r S41 : Y.� ,� .♦ '�Se�FVT i V. S1 a %n v_ l a, .yy.....�4 t :—.-.4:,,-(;.L•.-e �� $4c. K. 3rr. XISP y r a . 0/... 474 ' . f , Y 4a, 4 \ 'WA, it alliteir age i .:,:t :.;• I,_ - � . [ '� II il 1 ifI - 1..:: . ` . — . • u - I - • 1,' .. ' , • • rp . 4 E. . . i 40 —.t r . a op - - 'a 1 •, ` 1. ,S. . , � i • Q, - - / • st a 1 4" • �•. te ' • 4 [ :v� 1 l -.` I, • I. i y ^ - .anti • i r - :� }_ ' 7. „ < r • -- r i• - • {r ,-att • r I:�bk' Amt, ` � i �_- • ... s _if♦ rV r .;T � �.r� • , 1 �� jam ' tk s 1l .- r .� ��,Dr 4S�I.�Mj �! evii A� (Ny6y. 1�•. • :fry <1 Tl _ • /` ? • � . I .." iC ' ti i �„ Ire bie,/,iii,i � �A1,,�,, I r *' :\ �� , _ r; ,ate ■■ �g • er / ' ' ,is , ' , �. - .. .. . : ' �k• 'I r.i }�A .• • • 1I , h }• r} ?!r I • j, vamome`ll �,~\ • � \ r i-�,••I' r�� 'kir it yp � 14 - ,e, — , , I r, • .4' d �'; . / , , . ._t.., of •. 1 + !4.1rA4 . ' Tn .,;p• . SSSDDDI t 1` �'� -1 � � r 4C r f' - 9 1 .r • r7 ,k E'is,- _- - 7� r, , `I r c UU ffT , i ,, . i _ __. __ _ �_ A t 1+ 'r` • !"ter .; _-• .. r� r . J 'xl '~ x ':• � • if P• t � , p i. ��0 � ., `,.rat fr., . 1 k 1 C '' _ . V. ts ar : . i _ iu v Y � �f.- �!�• '-t u �-,+M. i :mow r. -.- ,. s► ." :� ;sr.:: �M. __. JIB ' •♦ 1� 1 ►} ��v .• "_�-4� ' -�-'L L M�� YT' r 1.:' . .fir Tr. ��� �.. .e�.rT�^ .., ,;i+�~ �ZJh-7 •. ."ice '� _ � - ttw�, . _ C }} r .) t i _0 . t Wi`It .N �< • sl . , ow . 4r4.:Serf. • , . •. ;••••••41- !pa . . la Y �' 71.'- • +r -.7{-"tea . -- L. • ` • . _ . _ . it " ti J \. � ' 1 s 11111111111111 ' ' - _.50.z.,..... FIELD CHECK inspection date: December 5, 2003 CASE NUMBER: USR-1450 APPLICANT: Loyd and Sheila Schlichenmayer LEGAL DESCRIPTION: Lot B of RE-761; part of the SW4 of Section 6, T1 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. Zonino Land Use N A(Agricultural) N Westview Estates Residential Subdivision E A(Agricultural) E Agricultural/Residential - S A(Agricultural) S Agricultural / Residential -Town of Erie 1/2 Mile South W A(Agricultural) W Agricultural - Boulder County COMMENTS: New Residential Structure is located on site within an 8000 SF building permitted as a pole barn. Windows have been added to the structure within the past three weeks. The building is a metal skinned building with two sliding glass doors that appear to provide access to the structure. The building is located adjacent to the north property line. The permitted single family residence is located south of the second structure. The Schlichenmayer residence is a single story building with a masonry veneer. This structure is in good condition. Access to the property is via a shared access off of County Road 1 and across Lot A of the two lot recorded exemption. The existing access is via a 20 access agreement approved at the time of the RE. Landscaping on site is mature and existing. Access drive is graded. Both structures are on well and septic. Schlichenmayer's primary residence is on a shared well with Lot A. New structure has a permitted well located on the west side of structure. Septic for both structures are located to the east of each building. Each residence has a separate septic system. • A im •• -, Planner Hello