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
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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
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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
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