HomeMy WebLinkAbout20040308.tiff MEMORANDUM
TO: Weld County Board of County Commissioners
COLORADO DATE: April 16, 2004
FROM: Sheri Lockman, Planner II
SUBJECT: Show Cause for AMUSR-685
The Weld County Planning Department is requesting that the Show Cause for AMUSR-685 be closed. The
current property owner, Ms. Becky Fosher has completed all outstanding building and zoning permits and
has made all required changes to ensure the site is within compliance with the existing Use by Special
Review permit.
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.W4-0302
a MEMORANDUM
WIiBcTO: Board of County Commissioners
COLORADO DATE: December 5, 2003
FROM: Sheri Lockman, Planner II
SUBJECT: Show Cause for AMUSR-685
AMUSR-685 was approved on May 20, 1992 for a Boarding Kennel currently known as Double J
Pet Ranch. The Board of County Commissioners considered this case on November 10, 2003
and decided that probable cause exists to hold a Show Cause hearing for the revocation of
AMUSR-685.
The current property owner is Becky Fosher. The site originally had two residences. The original
USR, approved in August of 1985 stated that one of the existing homes would be used as the
office. In 1992 the amended USR still indicated that this structure was the office. At some point
after 1992 the office was converted back to a residential structure.
Section 23-7-50.C. 2 of the Weld County Code states "Whenever a nonconforming use is
replaced by a permitted use, the nonconforming use may not be reestablished. The permitted
use shall thereafter conform to the provisions of this chapter."
The property owner has also moved a modular office onto the site without the appropriate
building or zoning permits.
The Use by Special review is not in compliance with the following Development standard and
Section of the Weld County Code:
Development Standard #15
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 to the Permit by the Weld County Planning Commission and the 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.
Section 23-3-20. A of the Weld County Code
Uses allowed by Right. One single family dwelling unit and auxiliary quarters per legal lot.
Section 23-3-30.F, Accessory Uses in the Agricultural Zone District.
Mobile Home subject to the additional requirements of Article IV, Division 3 of Chapter 23
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2004-0308
MEMORANDUM
WC TO: Board of County Commissioners
COLORADO DATE: November 4, 2003
FROM: Sheri Lockman, Planner II
SUBJECT: Probable Cause for AMUSR-685
AMUSR-685 was approved on May 20, 1992 for a Boarding Kennel currently known as Double J Pet
Ranch. The current property owner, Becky Fosher, has requested that the Board of County
Commissioners consider the current use of a structure as a residence.
The site originally had two residences. The original USR, approved in August of 1985 stated that one of
the existing homes would be used as the office. In 1992 the amended USR still indicated that this
structure was the office. At some point after 1992 the office has been converted back to a residential
structure.
Section 23-7-50"C. 2 of the Weld County Code states"Whenever a nonconforming use is replaced by a
permitted use, the nonconforming use may not be reestablished. The permitted use shall thereafter
conform to the provisions of this chapter."
The Department of Planning Services has determined that the Use by Special review is not in compliance
with the following Development standard and Section of the Weld County Code:
Development Standard#15
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 to the
Permit by the Weld County Planning Commission and the 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.
Section 23-3-20. A of the Weld County Code
Uses allowed by Right. One single family dwelling unit and auxiliary quarters per legal lot.
DEPARTMENT OF PLANNING SERVICES
WWW.CO.WELD.CO.US
I
E-mail Address: stockman@co.weld.co.us
C. 1555 N. 17th Avenue, Greeley, 80631
Phone (970)353-6100
Fax (970) 304-6498
COLORADO
September 10, 2003
Matt and Becky Fosher
32801 CR 27
Greeley, CO 80631
Subject: AMUSR-685, SW4 of Section 16„ T6N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Fosher:
The Department of Planning Services has reviewed your request to install the temporary office trailer that has
been moved onto your property. Through this review our office has discovered that the building that was
originally designated as an office is being used as a residence. In the application materials for AMUSR-685
it was stated that " A second building exists on the property, which was originally a residence and was
converted to an office building and will continue to be an office for the kennel facility."Per Section 23-3-20.A
of the Weld County Code, only one single family dwelling unit is allowed per legal lot. This building does not
qualify as a residence in that the residential use has been abandoned and may not be reestablished without
obtaining a Use by Special Review Permit for a second residence.
You are eligible to apply for a Zoning Permit for a Mobile Home for a temporary accessory use as an office.
However,the Department of Planning Services will not support this request.Your request would be forwarded
to the Board of County Commissioners for a final determination. The office trailer may also be permitted
through the Use by Special Review process should you choose to permit the second residence.
Notice is hereby given that the property listed above,is not in compliance with AMUSR-685(Amended Special
Use Permit). All conditions of the original permit must be in compliance or the required permits must be
submitted to bring the site into compliance by October 31,2003 or a Probable Cause public hearing,pursuant
Chapter 23, Article 11(2), Division 4, Section 23-2-270 of the Weld County Code,will be scheduled.
If the Probable Cause Hearing is scheduled,the purpose of this public hearing will be to review case number
AMUSR-685, for compliance with the Development Standards, as approved by the Board of County
Commissioners on May 20, 1992,to determine if probable cause exists to hold a hearing on revocation of the
permits.
Inspection by representatives of this office have determined that you are not in compliance with the following
Development Standard and Section of the Weld County Code:
Development Standard# 15:
• 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 to the Permit
by the Weld County Planning Commission and the 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.
Section 23-3-20.A of the Weld County Code:
Uses allowed by right. One single family dwelling unit and auxiliary quarters per legal lot.
The Special Use Permit shall be limited to the plans shown hereon and governed by the Development
Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans
and/or Development Standards as shown or stated above shall require the approval of an amendment to the
Special Use Permit by the Planning Commission and the Board of County Commissioners before such
changes from the plans and/or Development Standards shall be permitted. - }
Any other changes from the plans and/or Development Standards shall be filed in the office of the Department
of Planning Services.
If it is determined at the public hearing that there is probable cause that you are not in compliance with
AMUSR-685, the Board of County Comm/ssioners will schedule a Show Cause public hearing to consider
revocation of the Use by Special Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above
address, telephone number or e-mail address. If you wish ito see me personally, please call to schedule an
appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
1
Sheri Lockman
Planner II
pc: PAMUSR-685
Kim Ogle, Lead Planner
Trevor Jiricek, Director, Public Health and Environment
Board of County Commissioners
Bruce Barker, County Attorney
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