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HomeMy WebLinkAbout20041202.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING REQUEST TO WITHDRAW ZONING PERMIT FOR A MOBILE HOME, ZPMH #2385 - DANIEL OCHSNER 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 of Weld County,Colorado,on the 10th day of November, 2003, considered the request of Daniel Ochsner, 18905 Weld County Road 394, LaSalle, Colorado 80645, for a mobile home to be used as a principal dwelling, and WHEREAS, said mobile home is to be occupied in an A (Agricultural) Zone District on a parcel of land being more particularly described as follows: Lot B of Recorded Exemption#1335;being part of the SE1/4 of Section 30, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS,at said hearing before the Board on the 10th day of November,2003,and at the request of the applicant, the Board deemed it advisable to continue said matter to November 24, 2003; at said hearing on November 24, 2003,with only three Commissioners present, and at the request of the applicant, this matter was again continued to January 12, 2004; at said hearing on January 12,2004,the Board,having heard all of the testimony of those present,again continued this matter to July 12,2004,at 9:00 a.m.,to allow the applicant time to apply for an amendment to Use by Special Review Permit#878,since the outcome of such matter may affect this application, and WHEREAS,at the request of Jacqueline Johnson,attorneyforthe applicant,by Resolution on April 12,2004,the Board deemed it advisable to reschedule this matter to April 21,2004,at 9:00 a.m., and WHEREAS, at said meeting on April 21, 2004, Jacqueline Johnson, attorney for the applicant, requested withdrawal of this application. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the request to withdraw Zoning Permit fora Mobile Home,ZPMH#2385 for Daniel Ochsner be, and hereby is, approved. �� 2004-1202 1 .�//� A0,0% 4 PL1467 cc :A, RE: WITHDRAW ZPMH #2385 - DANIEL OCHSNER PAGE 2 The above and foregoing Resolution was,on motion dulymade and seconded,adopted by the following vote on the 21st day of April, A.D., 2004. BOARD OF COUNTY COMMISSIONERS ItrUNTY,WO--- COLORADO ATTEST: &110, ��' E �� Robert D. Masden, Chair Weld County Clerk to the �•aIBM CalP • '����` � illiam H. e, Pro-Tem BY: J/' Deputy Clerk to the Bo. + !��m l / - A•c:/ NI M. eile A if D AS 5. j g E- L/ E-4 David . Long y Attorne �� GI nn 1aadS Date of signature: ¶1) 2004-1202 PL1467 iatt MOBILE HOME ZONING PERMIT ADMINISTRATIVE REVIEW COLORADO PLANNER: S Lockman HEARING DATE: November 10, 2003 CASE NUMBER: ZPMH-2385 APPLICANT: Daniel Lee Ochsner ADDRESS: 18905 CR 394, LaSalle, CO 80645 REQUEST: This is a request for a Mobile Home to be used as a Principal Dwelling LEGAL DESCRIPTION: Lot B RE-1335; being part SE4 Section 30, T5N, R65W of the 6TH P.M., Weld County, Colorado PARCEL NUMBER: 0961 30-400014 PARCEL SIZE: 8 +/- acres ZONE DISTRICT: A(Agricultural) WATER SOURCE: Well SEWER SOURCE: Septic system The Department of Planning Services' staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 23-4-200 of the Weld County Code, as follows: A) Section 23-4-200.A.4—The general health, safety and welfare of the inhabitants of the area and the County. The mobile home is located within the Floodway District. Section 23-5-250 of the Weld County Code states as follows: The FW (Floodway) District is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. No devlopment shall occur in the Floodway District with the exception of floodproofed agricultural exempt buildings. 2003-3238 Should the Board of County Commissioners approve ZPMH 2385, the Department of Planning Services recommends the following conditions: 1. The applicant shall submit an application to amend the lot line to include the mobile home with adequate offsets. 2. The applicant shall complete Recorded Exemption 3502. 3. Derelict manufactured (mobile) home: a manufactured (mobile) home that is partially or totally damaged by fire, earthquake, wind, or other natural causes, or is in a state of general dilapidation, deterioration, or decay resulting from improper lack of maintenance, vandalism, or infestation with vermin or rodents. Any such derelict manufactured (mobile) home shall be returned to and maintained in the condition as originally established on site and as inspected by the Weld County Building Inspection Department, or it shall be removed from the site. 4. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 5. Any future structures or uses on site must obtain the appropriate zoning and building permits. 6. The applicant shall maintain compliance with Section 23-4-200 of the Weld County Code at all times. DEPARTMENT OF PLANNING SERVICES ierit 4 1555 N. 17th AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: stockman @co.weld.co.us VliD PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO October 9, 2003 Daniel Lee Ochsner 18905 CR 394 LaSalle, CO 80645 Subject: Zoning Permit for a Mobile Home (ZPMH-2385) Legal Description: Lot B RE-1335; being part of the SE4 Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Ochsner: This letter is to inform you that the above referenced Zoning Permit has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 23-4-200 of the Weld County Code. This application is scheduled before the Board of County Commissioners on November 10, 2003 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. I have included a copy of the staff recommendation. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Sheri Lockman Planner II 6 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greele O1� 0, Ext. 80631 Phone (970) 353-6100, Ext.. 3540 Fax(970) 304-6498 ik COLORADO September 25, 2003 Daniel Oschner 18905 CR 394 LaSalle CO 80645 Subject: ZPMH-2385- Lot B of RE-1335; being part of the SE4 Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your zoning permit for a mobile home application is being processed by our office. If it is determined that the application meets the approval criteria of Chapter 23,Article IV,Division 3, of the Weld County Code,you will be notified that the zoning permit is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date at least a week prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the zoning permit for the mobile home. If you have any questions concerning this matter, please feel free to call me. Respectfully, � dG Sheri Lockman Planning Technician II NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, 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, First Floor, Greeley, Colorado,at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 356-4000, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners,Weld County Centennial Center,915 10th Street,Third Floor,Greeley,Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. DATE: November 10, 2003 TIME: 9:00 a.m. APPLICANT: Daniel Ochsner 18905 Weld County Road 394 LaSalle, Colorado 80645 REQUEST: Zoning Permit for a Mobile Home, ZPMH #2385, for a Mobile Home to be used as a Principal Dwelling LEGAL DESCRIPTION: Lot B of Recorded Exemption #1335; being part of the SE1/4 of Section 30, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 30, 2003 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 30th day of October, 2003. DANIEL OCHSNER 18905 WELD COUNTY ROAD 394 LASALLE CO 80645 JOHN BETZ 1840 WEST 49TH STREET #B EVANS CO 80620 BURTIS AND LOUIS BRANTNER 1320 BRANTNER ROAD EVANS CO 80620 CITY OF EVANS 3700 GOLDEN STREET EVANS CO 80620 CHESTER HAYS AND COMPANY 1126 COUNTRY ACRES DRIVE JOHNSTOWN CO 80634 THURMAN HAYS AND COMPANY C/O RONOLDA NEILSON 3950 12TH STREET #13 GREELEY CO 80634 DALE SEAL 25035 HIGHWAY 85 EVANS CO 80620 Deputy Clerk to the Board ZONING PERMIT MOBILE HOME (ZPMH) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: •) 3 cS APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number ^ ^ ^ n P ; ^ ^ ^ ^ (12 digit num er-I.♦—ouJn�,o—nl ax D.in orm laTio'In,oblt'a'in"Iable TE�ie�Deld Coun y ssessuors Office,or www.co.weld.co.us). Legal Description4/j /6E-3S0z (/� Section 30, Township ,3' North, Range 6--rWest Subdivision , Lot - , Block Acres S' Yfrz.;l6-s FEE OWNER(S) OF THE PROPERTY: Name: 4 r, &/ LGG os GI1 e-/ Work Phone# Home Phone# Email Address Address: /1-90r/ i r / 077 City/State/Zip Code 47 y�p GO $'06 r — TYPE OF APPLICATION - Check one (1) o Temporary Use During Construction of a Residence (6 months) renewable up to 18 months ❑ Temporary Storage (6 months) renewable by the Board of County Commissioners o Accessory to the Farm o Accessory Use in the C (Commercial) or I (Industrial)zone district (for first mobile home) o More than one MH as Accessory to Farm o MH used as Accessory Use as an Office in the A(Agricultural)zone district. o More than one MH as Accessory Use in C (Commercial) or I (Industrial) zone district o Temporary Use during a Medical Hardship Principle Dwelling TYPE OF SEWAGE DISPOSAL WATER SUPPLY o Public or private company ❑ Public or private company fi Septic Tank- ISDS Permit#G-7C7/'CY r(( Individual (well, cistern) Permit# 3 936 7-- ,c-44 Copy of permit attached: Yes o No ❑ Copy of permit attached: Yes/ No ❑ ACCESS: Existing -Address Sir/ !4/6,( 39'7' o Proposed-Access off of What housing is available on the property and what is its present use? G /et/1/./f/ jvG,g/ GS /l How many mobile homes are on the property at the present time? / (// «"v /167r]C nGjn71j ;0 I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signats7 has to legal authority to for the corporation. 7:2-c..? ignature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -6- 0(ON T r. it { s n \ 'II.'. .ea. • I *� ,. 1 .; . . ,.\ , Q� _c . . a U .. 1 r ant . rr 'Y ee .4_j • ' \. , ++S y y` a4 • fide. « '..y dtj' St .3 \Y ' ! }': S r C' ! u%t• +! 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Jam :i s ,0(0 � • 8 H 1---„, o _ :a_v�ogaI o11!I!iiiillfl =nace cOc- _`o oLL? o Pccier vc'rno 5- mwo c >- dWCLZ o < v h �� fJ O ' o r m o _aw<JOz z V ,. Ea(� ' a, F I �-� o EE N _aii Hoc E. o D UJ C G - E y, CO • NW I _ vi. �,,.;. .IIIIIII_. Winn IIIIMINII . • ■mu ,•1. L1 je'cc nil=moi•s4 ' • lc --I I is) II 1 — i is � ■ WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File #: Date: 9�?"C'3 RE# : ?— Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name IQ/P- / /�GU e S/?dV Phone 77e'3'.�0- ?r3 7 Address /79C7 li✓G/� 37/ City 4t% State C.:%1 Zip '6/ 2. Address or Location of Access /r?j� ,..--a/ v f yy/. gr ®y 6/G, 77 V Section -3 b Township riy Range 4-f i1' Subdivision -- Block— Lot ---- Weld County Road#: 3 7 Side of Road Myth/ Distance from nearest intersection 3/4, 3. Is there an existing access(es)to the property? Yes ,K No #of Accesses f 4. Proposed Use: .V Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil &Gas D.R. = Ditch Road 0 = House = Shed NI A<O$ -1 OFFICE USE ONLY: Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- NAME MAILING ADDRESS PARCEL IDENTIFICATION #for SPO BETZ JOHN HARRY 1840 W 49 ST #B EVANS, CO 80620 096130400003 BRANTNER LOUIS J & BURTIS 1320 BRANTER RD EVANS, CO 80620 096130400005 EVANS CITY OF 3700 GOLDEN ST EVANS, CO 80620 096130406005 HAYS CHESTER T & CO 1126 COUNTRY ACRES DR JOHNSTOWN, CO 80534 096131100001 HAYS THURMAN & CO C/O RONOLDA V NEILSON 3950 12 ST#13 GREELEY, CO 80634 096131100020 HAYS THURMAN & CO 3950 W 12 ST #13 GREELEY, CO 80634 096132000078 OCHSNER DANIEL LEE 18905 COUNTY ROAD 394 LASALLE, CO 80645 096131100014 OCHSNER DANIEL LEE 18905 WELD CO RD 394 LA SALLE, CO 80645 096129300005 SEAL DALE 25035 HWY 85 EVANS, CO 80620 096130400015 Form No. OFFICE OF THE Sl^E ENGINEER -. GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 21 WELL PERMIT NUMBER 39 301 - E__.-R APPLICANT DIV. 1 CNTY. 62 WD 2 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION WELD COUNTY SE 1/4 SE 1/4 Section 30 DANIEL OCHSNER RECEIVED 18905 WCR 394 Twp 5 N RANGE 65 W 6th P.M. LASALLE CO 80645- Oct 1 4 1997 DISTANCES FROM SECTION LINES sOURati (970)330-3839 wA a cotonao 185 Ft. from South Section Line cows'. 237 Ft. from East Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDONS OF APPROVAL 1) This well shall be used in fisqh a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)for the replacement of an existing well, permit no.39369-F (decreed by the Division 1 Water Court as Moody well no. 1, case no.W-4513). The old well must be plugged according to the Water Well Construction Rules. A Well Abandonment Report must be submitted within sixty (60) days after construction of the new well, affirming that the old well was plugged. 4) The use of ground water from this well is limited to domestic, commercial, livestock watering and the irrigation of 1 acre of lawn and garden. 5) The maximum pumping rate shall not exceed 117 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 30 acre-feet, as requested. 7) Production is limited to the unconfined aquifer. The depth of this well shall not exceed 50 feet or the top of the confining clay series,whichever comes first 8) A tofaliiimg flow meter must be installed on the well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner(recorded at least monthly) and submitted to the Division Engineer upon request 9) The owner shall mark the well in a conspicuous place with well permit number(s),name of the aquifer,and court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be constructed at least 600 feet from any existing well completed in the same aquifer that is not owned by the applicant 11) This well shall be constructed not more than 200 feet from the location decreed for Moody well no. 1 In case no.W-4513. 12) This well shall not be pumped unless included in a court approved plan for augmentation or a substitute supply plan approved by the State Engineer. 13) This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations. 14) The change in use is a change in water right. This well shall be junior to all vested water rights until such time as the change has been approved by the Division Water Court and the well then must be operated in accordance with the terms and conditions of that decree/ 7;1$-77 • APPROVED /Ln Z , L.` RANState B f•/e y(21 ,�//l' Receipt No. 0418033 Engineer DATE ISSUED O C 1 1 0 1997 EXPIRATION DATE 0 C r ' 0 1998 Hello