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HomeMy WebLinkAbout20013526.tiff George J. Nichols III, P.C. Attorney 6t Counselor at Law 4465 Kipling Street Wheat Ridge, CO 80033 Telephone: (303) 425-4446 Facsimile: (303) 421-4309 October 30, 2001 Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Attn: Lauren Light Re: USR-1310, Mobile Home Employee Housing Dear Ms . Light: Confirming our conversation regarding our requested use of the two "park model" trailers as employee housing with respect to the above-cited USR-1310, we respectfully request reconsideration of the planning staff' s decision as outlined in your October 19, 2001 correspondence. I have received and reviewed your October 19, 2001 letter, as well as Section 23-1-90 of the Weld County Code, which you also provided. In reviewing the definition of a mobile home, "a transportable structure which exceeds 8' in width, or 32' in length, is built on a chassis and as designed, connected to the required utilities, to be used as a year round dwelling unit with or without a permanent foundation". I believe that the two park model mobile homes, which are 12' wide with tilt-outs, which are depicted in Exhibits 1 and 2 attached hereto, and are 35' and 36' in length, clearly comply with the definition of a mobile home. Each of these units, while it can be transported, does not have the capacity to store water or store gray water from sewage on board. In other words, you could not take either one of these trailers on a camping trip and have available to you water, sewage or propane. They have no capacity to be free standing and used as you would a travel trailer on a camping trip where you avityiZG(iYGG2,CL4t t4 i yarow/D /2 /e775; Lauren Light October 30, 2001 Page 2 would take them to a dump station on your way home . These units are "park model" homes. I would direct your attention to your definition under Section 23-1-90 of manufactured homes, which makes a distinction "this term also includes park trailers, travel trailers and other similar vehicles placed on the site for greater than 180 consecutive days". While I am aware that that definition on your page provided is not applicable to a mobile home, clearly there is a distinction between a park trailer and a travel trailer. The applicant, Reva Barrett, and her partner, Raymond Gibler of All State Fire Protection, Inc. , purchased these two park model mobile home units specifically to be used as employee housing at the facility. The first unit, which is a 1997 Impala park mobile home, 8' x 35' , with 4' tilt-outs, was purchased on June 2, 2000 at a cost of $13, 000 . The color copy photograph of this unit is attached as Exhibit 1 . The second unit was purchased in December of 2000 at a cost of $12, 500, is a 1981 Lancaster park model mobile home unit, 8' x 36' , with 4' tilt-outs, and depicted on Exhibit 2 attached hereto. You will also find attached a copy of the October 17, 2001 letter of TL Industries, Inc. of Elkhart, Indiana, manufacturer of the 1997 Impala park model mobile home unit . This letter specifically designates that these are "park model" units, designed to be kept in a park and not to be used for travel . These units have no water holding tanks, nor any gray water tanks . The applicant intends to have these models permanently set at the location, skirted and permanent porches attached. My initial involvement in the process of USR-1310 was by contact from Ms . Bethany Salzman, the zoning compliance officer, Weld County Planning Office, in October of 2000 . Ms. Salzman, in her position as zoning compliance officer, had requested removal of certain travel trailers from the premises, which were being used by employees . These consisted of fifth wheel trailers and pick- Lauren Light October 30, 2001 Page 3 ups with campers . The applicant agreed and removed these units from the premises . The applicant never agreed, nor intended to agree, that the two park model home units would in any way fit the exclusion of the use of travel trailers as employee housing. The applicant purchased the two park model units specifically for use as employee housing. It is applicant' s position that these units are smaller, therefore, less visible, and are more attractive than using used mobile homes, which are, in effect, twice the size of these mobile home units and, therefore, obviously more visible and more obtrusive to the neighborhood. The applicant would request that the staff reconsider its' decision that these two park model units do not meet the definition of mobile homes . The applicant plans to permanently affix them to the property by anchoring, skirting, and placing porches on each unit. It is applicant' s request that staff allow these specific units to be used for employee housing at this equine facility. These units only have one bedroom and are, therefore, going to house less employees than the larger multiple bedroom mobile homes . Upon your receipt and review hereof, if you desire any further information or documentation in support of this request, please feel free to contact me at your earliest convenience. Please advise as to reconsideration of this matter so I will know how the applicant will need to proceed. Very t ly yours, ge J. is s I GJN: sla Enclosures 10/19/01 11:22 FAX 970 304 .8 WELD PLANNING fU002/002 • (Valescit DEPARTMENT OF PLANNING SERVICES IPHONE (970)353-6100,EXT.3540 O FAX(970)304-6498 E-mail address: llight@CO.We1d.CO.US • WEBSITE: www.co.weld.co.us COLORADO WELD COUNTY ADMD1ISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY,COLORADO 80631 October 19, 2001 George Nichols III 4465 Kipling Street Wheat Ridge, CO 80033 Dear Mr. Nichols: Planning Staff has reviewed the letter you sent September 20, 2001 regarding the use of "park homes" for employee housing in regards to USR-1310. As you know one of the Development Standards for USR-1310 states "The site shall be limited to 4 mobile homes to be used as accessory dwelling units for employees of the facility. Travel trailers shall not be utilized for dwelling units". Planning Staff has determined that the"park homes" do not meet the definition of mobile home as defined in Section 23-1-90 of the Weld County Code. If you wish to appeal this decision please respond within thirty days of receipt of this letter. Should you have any questions please contact me at the above number. Sincerely, la4-(AcAn Lauren Light Planner cc: USR-1310 10/22/01 13:38 FAX 970 304 I8 WELD PLANNING • WI]002 Zonrug—General Provisions See 23-1-90 MANUFACTURED HOME (This definition provisions of the defnidon of MANUFAC- applies only to MANUFACTURED HOMES TUBED HOME is considered to be a MOBILE when used In the administration of a Flood Harr HOME. A MOBILE HOME shall not be allowed ard Overlay District Development Permit or the to deteriorate to the condition of a DERELICT Flood Hazard Overlay District): A STRUCTURE MOBILE HOME. A MOBILE HOME shall not transportable in one(1)or more sections,which is be used as an AGRICULTURALLY EXEMPT built on a permanent chassis and is designed for BUILDING or as a TEMPORARY STRUC- USE with or without a permanent foundation TUBE for storage. when connected to the required utilities. This term also includes park trailers,travel trailers and MOBILE HOME(This definition applies only other similar vehicles placed on a site for greater to MOBILE HOMES when used In the than one hundred eighty(180)consecutive days. administration of a Flood Hazard Overlay District A MANUFACTURED (MOBILE) HOME shall Development Permit or the Flood Hazard Overlay not be allowed to deteriorate to the condition of a District): A MOBILE HOME shall be required DERELICT MANUFACTURED (MOBILE) to have a permanent engineered foundation and HOME. be used as an Accessory to the Farm. The elevation of any interior grade of a crawl space or MASTER PLAN: A document or series of the top of the Boo In any basement, wa@but, documents prepared and adopted according to etc..must be one(1)foot above the Base Flood state law which secs forth policies for the future Elevation. of a municipality. MOBILE HOME PAD: The concrete base, MEAN SEA LEVEL: For purposes of the footing or blacking which is set on or in level soil National Flood Insurance Program, the National to provide support for the placement of a Geodetic Vertical Datum (NOVD) of 1929 or MOBILE HOME. This base footing or blocking other datum, to which BASE FLOOD elevations may consist of separate concrete blocks or a sin- shown on a community's FLOOD INSURANCE gle concrete slab as described in Sections 29-2- RATE MAP are referenced. 100 A through E of this Code. MINING: The act of recovering mineral sand, MOBILE HOME PAD(Ibis definition applies • gravel,quarry,coal or other resources from the only to MOBILE HOME PADS when used is the ground. MINING shall include recovery of the administration of a Flood Hazard Overlay District resources by processing on site,open pit excava- Development Permit or the Flood Hazard Overlay lion, wet or dry pit excavation or subterranean District.): A MOBILE PAD is not allowed. excavation. MOBILE HOME PARK: An area under single MOBILE HOME: A transportable STRUC- ownership or control designed primarily for the 'LURE which exceeds either eight (8) feet in rental of portions of the area as spaces for occu- width or thirty-two(32)feet in length.is built on pied MOBILE HOMES. a chassis and Is designed,when connected to the required utilities, to be used as a year-round MOBILE HOME SUBDIVISION; An area DWELLING UNIT with or without a permanent platted into LOTS according to adopted foundation. A SINGLE-FAMILY DWELLING COUNTY standards and procedures and designed which is certified pursuant to the "National primarily for the sale of such LOTS to individuals Manufactured Housing Construction and Safety as permanent sites for MOBILE HOMES. Standards Act of 1974,"42 U.S.C. 5401 et seq., as amended, but does not meet all of the other 23-17 aupp.l v`)—p `•• ULU 1J]LO CAA JUJ LOO 1DJV 111/Ot,OLG y�U, • OCT.17.c001 2:29PM eT BUY TRAILER SLS • HO.265 P.22 TL INDUSTRIES, INC 25876 MINER ROAD ELKHART,INDIANA 46514 219-264-3127 FAX 219-2&W131 October 17,2001 RE: 1997 IMPALA PARK MODEL TRAILER SERIAL#110BAO2R7VA040056 To Whom It May Concern: The above mentioned trailer,manufactured by this company,is a Park Model unit, which was designed to be kept in a park,not to be used for travel. T -/--(-7•11x2 _ • • Hello