The URL can be used to link to this page

Browse Search

Home My WebLink About20040822.tiff DEPARM.ENT OF PLANNING SERVICES 1555 N. Rh Avenue, Greeley, CO 80631 CT- :c Phone (970) 353-6100, Ext. 3540, Fax (970)304-6498 USE BY SPECIAL REVIEW APPLICATION UCJ Application Fee Paid Receipt# Date Recording Fee Paid Receipt# Date Application Reviewed by: TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW Sec 18_, T 6N. R 66W PARCEL NUMBER: 0 8 0 5 1 8 0 Q QQ.L. (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office. Section 18 ,T 6 N, R 66 W-Total Acreage 2.59 Zone District A Overlay Zone n/a Property Address (if available) 12439 Hwy 192 Greeley co 80611 Proposed Use Residential/Business SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT Name: John Karl walkusrh Address: 12439 Hwy 197 City/State/Zip: c api^y CO Home Telephone: 686-7967 Business Telephone n/a 80631 Name: Denise Lenore Walknsch Address: 12439 Hwy 392 City/State/Zip: Greeley, CO 8063Illome Telephone:686-7967 Business Telephone n/a APPLICANT OR AUTHORIZED AGENT (if different than above) Name: Ky1s. ..- i se; 11 ATitl Address: 9209 Desh.ta..P,.rk Si 1.7c City/State/Zip: Windcor, CO &0-550 Home Te!ephone: n/a Business Telephone: (, --68t=—cc,e44— DEPARTMENT OF PLANNING SERVICES USE ONLY Case # Floodplain: O Yes ❑ No Geologic Hazard: ❑ Yes e No I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. Rev: 1-4-01 S' ature: Owner or A zed Agent ors- < <,eseG -- EXHIBIT 5 2004-0822 • USE BY SPECIAL REVIEW QUESTIONNAIRE i" The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not applicable",with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. Repair work on foreign, domestic medium & heavy duty trucks & farm equipment 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22. no agriculture land will2,be of ected, proposed facility benefits surrounding agricultural properties 3. Expe(ain'how ibis proposal is consistent with the intent of the Weld County Code, Chapter 23 and the zone district in which it is located. Proposal is for equipment storage & repair of domestic farm equipment- consistent with Weld County Code #23-4-420 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses, Agriculture, would be able to repair vechicle' s & farm equipment for area residence's 5. Describe, in detail, the following: a. How many people will use this site? 1 b. How many employees are proposed to be employed at this site? 1 c. What are the hours of operation? 8:00am - 5:00pm d. What type and how many structures will be erected (built) on this site? None / Existing structure to be used e. What type and how many animals, if any, will be on this site? 0 f. What kind (type, size, weight) of vehicles will access this site and how often? Same as answer #1, 2,000 - 23,000lb vechicles g. Who will provide fire protection to the site? Windsor/Severance Fire District h. What is the water source on the property? (Both domestic and irrigation). North Weld County Water District What is the sewage disposal system on the property? (Existing and proposed).Septic j. If storage or warehousing is proposed, what type of items will be stored?N/A 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Exsisting Landscape 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Not changing any landscape, reclamation wouldn't be needed 8. Explain how the storm water drainage will be handled on the site. Natural Runoff 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Exsisting Building / N/A 10. Explain where storage and/or stockpile of wastes will occur on this site. Trash container, Scrap iron Trailer, located at the North end of the property 9 FOR COMMERCIAL SITES, PLEASE FILL OUT THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business Name: Walkusch Trucking & Repair Phone: 970-686-7967 Address: 12439 Hwy 392. Greeley, CO 80631 Business Owner: John Walkusch Phone: 970-686-7967 Home Address: 12439 Hwy 392 City: Greeley. CO 80631 List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Gunter Walkusch Father 842 W. 10th Loveland, CO 970-667-0914 Jon Kunz Neighbor 12435 Hwy 392, Greeley, CO 970-686-9068 Norman Emerson Neighbor 13237 WCR 66, Greeley, CO 970-686-1002 Business Hours: 8 to 5 Days: 6 Type of Alarm: None Burglar Holdup Fire Silent Audible Name and address of alarm company: N/A Location of Safe: N/A MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 4 Location(s): All on the South Side of the Building 2 Walk-in doors & 2 Garade doors Is alcohol stored in building? No Location(s): Are drugs stored in building? No Location(s): Are weapons stored in building? No Location(s): The following programs are offered as a public service of the Weld County Sheriff's Office, Please indicate the programs of interest. Physical security check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Telephone Pole South Side of Property or Fletrie Panel inside SE walk in door Gas shutoff: NW outside corner of Building - Propane Tank Friar water shutoff: Meter Pit at driveway entrance off of H y 392 Interior water shutoff: Inside SE Walk-in door 6 AGREEMENT _• This Agreement entered into this,.?/ day of March, 1994 by and between John Orth and Marilyn J. Orth (Orths) and Lawrence Hertzke and Rick Hertzke (Hertzke); WHEREAS, Orths are the owners of property described ast Lot B of Amended Recorded Exemption No. 0805-18-3-RE 825, recorded November 29, 1990 in Book 1283 under Reception No. 2234328, Weld County Records, and located in the Southwest Quarter (SA) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., County of Weld, State of Colorado. ;, WHEREAS, Hertzkes have reserved a 20 foot access easement across a parcel of land described as: Lot A of 2nd Amended Recorded Exemption No, 0805,18-3-RE 825, recorded March 3, 1994 in Book 1429 under Reception No. 2376415, Weld County Records, and located in the Southwest Quarter (SW1) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of the 6th P,M„ County of Weld, State of Colorado. AND WHEREAS, the parties hereto desire to provide for joint use and maintenance of a 20 foot access easement located between the above described properties. Said easement as shown on the recorded plats of the properties, NOW THEREFORE, both parties hereby agree that said access easement shall be used and maintained on an equal basis, with all the costs of maintenance to be shared equally between said parties, and all future owners of the above described lands. It is hereby agreed that this agreement shall be a covenant running with sia lands, and that this agreement shall be binding upon all parties hereto, the r heirs, successors and/or assigns. JOHN 'H / v WRENCE HERTZK MLte�-C--fLjll . • (Ahn ? MARILYNI J. qgtH RICK HERTZK STATE OF COLORADO ) 61117 d `a`�.'*L�'G ) ss SeoK COUNTY OF WELD ) `"uAd� L The fodr egging instrument was acknowledged before me this /1 day of L . , 19 441by /)/cL7.f(Ji�ti. - My Commission Expires: ✓.�itt/ ', /'t iv �Gcctc 77.790/' 6 N tary gftblic STATE OF COLORADO ) ) ss 1 COUNTY OF WELD ) °�'�• t ._, The foregoing instrument was acknowledged before the this 3/.3 `day of OO ��RfG� 19 yy by /0/v! JIM, /Cjr rrile. /A/ct:l'/c.c' t c✓ ✓YL1-c✓iii/1O> /7114 /ce My Commission Expires: ,L2///42h2 / > 7'iJ¢o/ Notary Public It is hereby agreed tho., this agreement shall be a cove.`at running with said lands, and that this agreement shall be binding upon all parties hereto, their heirs, successors and/or assigns. y� i� �C L_jar/41?4I JO RTH MARILYN J. TH 217. n >}i` ED L. MYERS L$0 A MYERS , kid W -4-:-:- P\ CIA LE E. FINNEGA VALERIE K. FINNEGAN J N KAR WALKUSCH y ISE L NORE WALK SCH STATE OF COLORADO ) j74.(f.. q `,I:4 t..z� )COUNTY OF WELD ) ss C.t'u.917q- ey .s0e Cr '/ • The foregoing instrument was acknowledged before me this �"'1 day of C-21-L' 199'/ by /llatt.lyn t On)-L y My Commission Expires: _ t:-c/ 6'1996' � �.6-1c�,- &a 4, �'/70 741 T16tary Y lie at�`w""' m2 Ate.. CO I 2 • ...I/es,T STATE OF :Id Ella c% ) i/ OT v An (( COUNTY OF Idaed t -" J ) r �. to >,, ...0•-• The foregoing iris trument//yy�tas acknowledged before me this 1 Ci TOC .) /1l an GI- 19 9 V by lo z,0 9 7-/ "r?Vaumm!e e. My Commission Expires: /a a 9 7 Notary Public CO V STATE OF (lo/odaao! ) t4�PP•'......'F9S. 1 ) ss /1''- T%BT.":?Y '. COUNTY OF ti-Lapc/ ) //� ?,,t Z: The foregoing instrument was acknowledged before me this t. ilp adq of 44,,a.kcL 19 5)(1by 1-5,-/ L . /1/fit-¢,w (V7c/ a- on et t 7 e zz) .. i`/ My Commission Expires: /J/I'/// c - / c , ////� 4 Notary Public �� ( 1 Q4'Co I �.F9�; STATE OF (3.1/0/(6.4 o ) ) ss c: ttg7ARY -. 2 / q. k COUNTY OF 611 ic! ) 4 7 The nforegoing instrument was acknowledged before mp this AC:. �7C -dray ok'✓.-/al t. 19 `7'/by ('Aa-cLc E. /CVittya/ (l'd 14 -Cef to 1)1 '.$1 ht�'etk _.. vatmuu.,wu` My Commission Expires: /2//JAY e Notary Pu L. C voCCG ttt--- 1 STATE OF (6d /o.4a do ) ) ss . COUNTY OF ' (.Q/CI ) .l l F f .` /11anv� The forego7 instrument w s acknowledged be ore me thit�� 1 ` ay of 19 yY by bt Kali /�a-PA Lk,el a-9d c W I 'mwtfl .,�s�Gia..Le udCC- at My Commission Expires: /2//x/97 `� LLi� v - -C`lit 2 Notary Public AGREEMENT This agreement entered into this ,?7 _ day of March, 1994, between John Orth and Marilyn J. Orth (Orths), T Egli_ L. Myers and Leona Myers (Myers), Charles E. Finnegan and Valerie K. Finnegan (Finnegans) and John Karl Walkusch and Denise Lenore Walkusch (Walkusch); WHEREAS, Orths are the owners of property described as: Lot B of Amended Recorded Exemption No. 0805-18-3-RE 825, recorded November 29, 1990 in Book 1283 under Reception No. 2234328, Weld County Records, and located in the Southwest Quarter (SW1 ) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., County of Weld, State of Colorado. WHEREAS, Myers are the owners of property described as: A tract of land located in the Southwest Quarter (SW1) of Section Eighteen (18), Township Six (6) North, Range Sixtywsix (66) West of the 6th P.M., . County of Weld, State of Colorado, being more particularly described as follows: Commencing at the South Quarter Corner (S% Cor) of said Section 18 and considering the East Line of said Southwest Quarter (SW1) to bear North 02° 48' 32" East with all other bearings contained herein being relative thereto; thence North 02° 48' 32" East, 34.01 feet to a point on the North Line of Colorado State Highway 392; thence South 89° 57' 30" West, 271.66 feet along said North Line; thence North 02° 48' 32" East, 490.27 feet; thence North 08° 56' 14" West, 179.90 feet; thence North 86° 52' 52" East, 309.61 feet to a point on the East Line of said Southwest Quarter (SW%); thence South 02° 48' 32" West, 684.87 feet to the True Point of Beginning, WHEREAS, Finnegans are the owners of property described as: Lot A of 2nd Amended Recorded Exemption No. 0805.18-3-RE 825, recorded March 3, 1994 in Book 1429 under Reception No. 2376415, Weld County Records, and located in the Southwest Quarter (SW%) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., County of Weld, State of Colorado. WHEREAS, Walkuschs are the purchasers of property described as: A tract o f land being a part of Lot A of Amended Recorded Exemption No. 0805-18-3-RE 825, recorded November 29, 1990 in Book 1283 under Reception No. 2234328, Weld County Records, and located in the Southwest Quarter (SW1) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of the 6th Pill., County of Weld, State of Colorado, and being more particularly describedjas follows: Commencing at the South Quarter Corner (S1 Cor) of said Section 18 and considering the East Line of said Section 18 to bear North 02° 48' 32" East, with all other bearings contained herein relative thereto; thence North 02° 48' 32" East, 718.88 feet along the East Line to the True Point of Beginning; thence South 86° 52' 52" West, 347.84 feet; thence North 02° 19' 32" East, 334.73 feet; thence North 88° 58' 52" East, 343.73 feet to the East Line of the Southwest Quarter (SW1 ) of said Section 18; thence South 03° 48' 32" West, 321.74 feet along said East Line to the True Point of Beginning. Being described as Subdivision Exemption No, 485 as per the plat recorded March 3, 1994 in Book 1429 under Reception No. 2376416, Weld County Records. WHEREAS, on the plats recorded March 3, 1994 in Book 1429 under Reception Nos. 2376415 and 2376416, there is shown a 30 foot access easement extending from Colorado State Highway 392 first in a Northerly direction, then in an Easterly direction. AND WHEREAS, the Parties hereto desire to provide for joint use and maintenance of said access- easement; NOW THEREFORE, all Parties hereby agree that said access easement shall be used and maintained on an equal basis, with all the costs of maintenance to be shared equally between said parties, and all future owners of the above described lands. 1 Weld County Planning Department GREELEY OFFICE FEB 1 1 2003 ° RECEIVED / TO: Chris Gathman, Weld County Department (ft of Planning Services WII FROM: Lee D. Morrison, Assistant Weld County Attorney De. DATE: February 10, 2003 COLORADO SUBJECT: John and Denise Walkusch- VI-0100240 I have reviewed the attached materials from Mr. Walkusch regarding the non-exclusive access easement he relies upon to access the property. I had previously suggested that more information was needed because of a concern on my part that the use contemplated in the USR application might be claimed to be an expansion of the existing easement. My concerns have been ameliorated by the information Mr. Walkusch has provided me. That does not necessarily mean that the access is physically adequate, nor does it mean that other parties might not still challenge the use of the easement but it does mean that, in my opinion, there is not a substantial increase in the burden on the easement such that it would prevent the business as proposed from using the easement. He has indicated that two of the three parties sharing the easement with him have no objection and that the third party (Orth) no longer uses the easement. The easement is partially on Orth's property, but is separated the remaining property by a ditch lateral. It was previously used by Orth to access a portion of his property to the East of Walkusch, but that access has been fenced off by Orth and is unused (See photos 3 and 4 ). Mr. Orth has declined to contribute to maintenance of the easement and has a separate access to his property. Mr. Walkusch observed the traffic usage for his property as 14 round trips per day and the other two properties combined, generating 13 round trips per day. He indicates that the structures on his property could and previously did accommodate agricultural implements and the number of trips per day would be equivalent for a use by right for agricultural purposes. Lee D. Morrison, Assistant Weld County Attorney Attachments: Original photos and Walkusch Notes M:\WPFILES\DIANE\PLANNING\WALKUSCMMEMO.WPD Hello