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Home My WebLink About820041.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A DOG KENNEL - EDWARD AND BEVERLY HINDMAN 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 held a public hearing on the 28th day of July, 1982, at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Edward and Beverly Hindman, 7357 Maple Street, Longmont, Colorado 80501, for a Use by Special Review for a dog kennel, on the following described real estate, to-wit: Tract 18, SWa, Section 8 , T2N, R67W of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24. 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. The submitted materials are incompliance with application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 .2 of the Weld County Zoning Ordinance as follows : a) The proposal is consistent with the Comprehensive Plan policies which promotes agribusiness uses; b) The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with agricultural activities in the area or the County; c) The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with the projected develop- ment in the future (future uses will be of an agri- cultural nature, and the intended proposal will not have significant traffic or noise impacts, nor will it require significant improvements which might create incompatibility) ; 820041 l-tf </(03_ ptoaH1 Page 2 RE: USR - EDWARD AND BEVERLY HINDMAN d) No overlay Districts affect the site; e) Use by Special Review Operations and Design Standards . provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners that the application for a Use by Special Review for a dog kennel on the hereinabove described tract of land be, and hereby is, granted subject to the following conditions: 1. The attached Standards of Use by Special Review be adopted. 2. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any build- ing permits being issued on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of July, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Jin T. Martin, Chairman EXCUSED Chuck Carlson, Pro-Tem Norman Carlson EXCUSED W. Kirby `� ATTEST: /I e),Aiiii44and yr,s7-,,,,,,,dt e K. Steinmark Weld County Clerk and Recorder and Clerk to the Board \By: ja-v. — _/ 12 ' FY 'L7eputy County Clerk APPROVED,,,S 3O FORM: County Attorney DATE PRESENTED: August 4, 1982 A public hearing was conducted on July 28 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, JEANNETTE SEARS ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, ROD ALLISON The following business was transacted: I hereby certify that pursuant to a notice dated June 23, 1982, duly published July 8, 1982 in the LaSalle Leader a public hearing was held on the request of Edward and Beverly Hindman for a Use by Special Review for a dog kennel. Mr. and Mrs. Hindman were present and made their presentation. The Planning Commission recommended that said request be granted with conditions and standards. Mr. Hindman stated that there is an existing dog kennel across the street. He added that he has two female bitches and has no plan to enlarge his stock. His plan is to breed the two bitches and raise the puppies until they leave for training for the track. This operation should not create any additional traffic and he has already installed a 5X6 foot high chain link fence. Mrs. Hindman ran a tape recording of adjacent neighbors who were all in support of this request. Several neighbors were present and all supported said request. After discussion, Commissioner C. Carlson made a motion to approve the request, the conditions and the standards. Commissioner Kirby seconded the motion and it carried unanimously. Commissioner Kirby commended the citizens that were present to testify regarding this request. • .��1 IRRM eZ C AN � A...c„ BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD /BY: Ci -� ^ z y (S Deputy Count err DOCI T 82-37 TAPE 82-51 LHR 463 Affidavit of Publication STATE OF COLORADO ss. County of Weld, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) (wtwR9fsSS that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper bearing date C•u!Rr emir lefflin c oumv,. Zs lit swif A en ySy Thirtieth MNry T444stery{h� the use Sy s'MciN Rwiiw ewi!ww�k eN•ea day of Ju n a A.D. 19 82 • I$ K wctd KNOWN ins m.h.r, and the last publication thereof; in the issue of said `Siw cwNrryb by yvi wow, "rneq CaigmiWa, MOP e• newspaper bearing date the Enid M"frilleY Of It?*y. tear. of GWMM: Cr w•el•e Ae N4N1 �•ey„y, Thirtieth s i oM Sir' frF Oats T au;YarRcfaARr day of June A.D. 1982 ' N that said The Greeley Daily Tribune and The Greeley oAraa ' a;vi�' - Republican, has been published continuously and � �,etsic ,at vte�,“,. uninterruptedly during the period of at least six W .4 2CRtRir months next prior to the first issue thereof contained *R�ip$N t.el R� said notice or advertisement above referred to; that said w A' newspaper has been admitted to the United States B~MARYANNREIM STEIN'. mails as second-class matter under the provisions of the WELD. O1`F * Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 30, 1982 Total charge: $11.89 Advertising Clerk Subscribed and sworn to before me this 30th day of June A.D. 19 82 My ommissni expires Gf-/ZiC. 9- V/ Notary Public NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, 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, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 82-37 APPLICANT Edward and Beverly Hindman 7357 Maple Street Longmont, CO 80501 DATE: July 28 , 1982 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - Dog Kennel LEGAL DESCRIPTION Tract 18 , SW4, Section 8 , T2N, R67W of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose DATED : June 23 , 1982 PUBLISHED: July 8 , 1982 in the LaSalle Leader BEFORE THE WELD COUNTY, COLORADO PLANNING C0MMISSOJ RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date June 15, 1982 Case No. USR # USR-509:82:24 APPLICATION OF Edward and Beverly Hindman ADDRESS 7357 Maple Street, Longmont, Colorado 80501 Moved by Bob Ehrlich that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the,,_ application for site approval of a dog kennel cov MOT the following described property in Weld County, Colorado, ` ' � � + JUN22 1982 C favorabl aREELEg COL" recommended ( y) (�i8�%X�) to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3.1.1. et. seq. of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Comprehensive Plan policies which promotes agribusiness uses. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with agricultural activities in the area or the County; Motion seconded by Bette Kountz Vote: For Passage Jerry Kiefer Against Passage Bill Diehl Bette Kountz Fred Otis Bob Halleran Ed Reichert Bob Fhrlich .lack Holman The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on June 15, 1982, and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 16th day of June , 19 82. Ca 01,. �v_ c poc, Secretary USR-509:82:24 Edward and Beverly Hindman A Use by Special Review Permit for a dog kennel Tract 18, Enchanted Hills Subdivision - SW1, Section 8, T2N, R67W of the 6th P.M. , Weld County, Colorado 1.5 miles northwest of the town of Firestone June 15, 1982 Page 2 - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with the projected development in the future (future uses will be of an agricultural nature, and the intended proposal will not have significant traffic or noise impacts, nor will it require significant improvements which might create incompatibility) ; - No Overaly Districts affect the site; - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The following conditions are recommended for the proposal: 1. The attached Standards for Use by Special Review be adopted; 2. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any building permits being issued on the site. RA:rg Edward and Beverly Hindman USR-509:82:24 STANDARDS FOR USE BY SPECIAL REVIEW 1. The use permitted on this site shall be a dog kennel operation as described in the application materials on file in the Weld County Department of Planning Services. The kennel operation shall not exceed twenty (20) dogs. 2. Design standards for Uses by Special Review, Section 24.5 et. seq. of the Weld County Zoning Ordinance shall be complied with. 3. Operations Standards for Uses by Special Review, Section 24.6 et. seq. of the Weld County Zoning Ordinance shall be complied with. 4. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards, as shown or stated above, shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 5. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated standards may be reason for revocation of the Permit by the Board of County Commissioners. RA:rg USR-509:82:24 Edward and Beverly Hindman A Use by Special Review Permit for a Dog Kennel Tract 18, Enchanted Hills Subdivision June 15, 1982 MEMBERS REASONS FOR VOTING FOR OR AGAINST THIS APPLICATION JERRY KIEFER Yes - Usually he has a problem with kennels because he knows what a nuisance they can be. However, in this case, there is definitely split testimony and he feels the distance from the various homes would seem to warrant this would not be the nuisance he had originally feared. He is especially bothered by the word nuisance in the Covenants, which he feels is not clear. The only way it could probably be tested would be in court. With the existence of the other kennel in the neighborhood, he realizes the neighborhood may not desire kennes be proliferated, but the presence of that kennel is apparently not a problem. Some of the people who are opposing this kennel are not bothered by the larger kennel. If forty-five dogs are able to be kept quiet, and if the Hindmans are at fault, he felt they must take care of any noise that does exist and they need to keep careful on this point. The standards do state; however, that the noise level be kept down. BETTE KOUNTZ Yes - Because the dogs are raised there for fifteen or sixteen months then they are shipped out and never come back. She realizes they will raise more, but she does not see how this is not compatible with the surrounding area. There is distance between homes. The fellow to the east has no complaints and his bedroom is pretty close. Therefore, she cannot see how this can be a nuisance. BOB HALLERAN Yes - For most of the reasons stated by Jerry Kiefer and Bette Kountz. But if there is a kennel with forty-five doges in the neighborhood and they don't seem to be a problem he does not think that fifteen or twenty dogs for a little over a period of a year would constitute that much of a problem as they are not going to be there all the time. ED REICHERT Yes - He sees no problem with it. BOB EHRLICH Yes - No further comments. JACK HOLMAN Yes - Because this request is in the "A" zoned area on five and ten acre lots. Since this is a rural atmosphere he cannot see where there could be that great a problem with the kennel. If it had any other zoning, other than agriculture, he would probably vote no. USR-509:82:24 Edward and Beverly Hindman A Use by Special Review Permit for a Dog Kennel Tract 18, Enchanted Hills Subdivision June 15, 1982 Page 2 BILL DIEHL No - Because it appears to him to be a residential area and he can't feature having a dog kennel that close to the neighbors. FRED OTIS No - He is disturbed to see the division of the community in this area. He is sorry to see this and he is sure they are too. He hopes that someway they can mend their fences. He doesn't know how they are going to do this as some of them have become intrenched. He hoped that someway they can start discussions between themselves because it appears there are a lot of nice people out in that community that should be getting along better than they are. He is sorry they have become intrenched on this area we are involved in. He feels, as Bill Diehl has indicated, that this is a residential area and it was designed for people and not animals. People should take a higher priority than animals or dogs or whatever animals may be brought into this community. If they are bothering, and apparently they are bothering some of the people, the dogs have to take second seat to the people that are there and who object to them. There has been conflicting testimony as to whether or not the dogs are barking. The burden of proof is on the applicant to show that there is not a problem and therefore, he is voting no, but the recommendation of the Planning Commission is in favor of this application. I i i i I • `I''I''"'' 1:.1 �.• o Lti 1 j j may, r; . Veld Co. tan CsInroiss;oo i )1 ....\ .::.f.:_c_ �. •s'! _" ,4 , ek.: y'k✓9—a,.$,.$ 1:"..o., `p.iet, ,i () et CA,.., . i<2.1.44-,..A.i° 14•!;e1... CA•••• chr /6„,„....,z...z. t/t) .2,!‘ik..t., .L0.0,0' Vt. ..ii,4 -,,..i.c.... t1/4.0444-ate . io .4E3.,‹_i c,-- , 7-A(L'L 24,-,2"„,,,....„..., az-,-_,Q cuLe. 1 Lov.Le, oLst 71240 k ,9,,,,..L.„ „tx,, ..7...4.....„ .,-_,(Z...r. ---P-ie,t,{ ..,ka.,-v,k,.. )10.., -V-e.. CaN--6-1-Q th) &I, I `..lf..Fn 17,4„,,,r ,,,kx,.,x,, jjizif1.4t,&,Q /-1 f Wit_ ..�.p., i......„ rz.i. a.1 13I°14 ,..ig ozeif,„ _)j,),,,z,_/-t.. 72 f f uui V9eld Co. Plannirmissioa Ste.-cam/- � ,'i—�,�✓//`—cj aA v �i ValiZe j Vii/-ZE`_> '' 'r 67Q "x-^1 71-- • • 4.2 %�. te e not/ /2-<1,9"., ?c ram III!!! t ✓ " 3 `f� June 13, 1982 Weld County Planning Commission Greeley, Colorado Dear Sirs; We are aware of Ed and Beverly Hindman' s efforts to raise Greyhound dogs. We live across the street from the Hindman' s and do not find the dogs to be either a sanitation or noise problem to us or the community. We have observed that the dogs are confined and cared for properly and we offer no objections to their decision to keep dogs on their property. Sincerely, fix wt 2 "", 5--- Gabriel and Sylvia Argilla Paul and Helen Horne 7436 Maple Street Longmont, Co. 80501 rsici"� dJ��1.! N Ii JUN 15 1SCZ I Weld Co. Planning Commission /212, ''/7 ./LP/C)- C.'�41(7:j/ ��s'i��/Z/ ��1� it ��di.'"iC!✓ .</d ,,, ≤ o.- fCC%.J ._CZ. :('C Tx 6t e.._ /_) `cO„,z,riT/_::L -{.-, rv\. — k:: Prii-LE-211:;i4:11; V/ 7 n itl JUN 15 t�&Z i Yield Co. Planning Commission • MARK EDGAR & ASSOCIATES REAL ESTATE APPRAISALS 2323 NORTH WEBER TELEPHONE 635-6941 COLORADO SPRINGS, COLORADO 80907 June 1, 1982 TO WHOM IT MAY CONCERN: Pursuant to the request of Edward Hindman, I have inspected his property at 7357 Maple, Longmont, Colorado, primarily for the purpose of inspecting the dog kennels and determining their affect on market value of the surrounding properties . The improvements are located on a five acre tract, isolated from street view. The kennels are constructed in such a manner as to insure complete confinement of the dogs to that particular area. Considering the size of the subject property site and the adjoining similar tracts , the terrain, rural characteristics , etc. , it is my opinion that the kennels now located on the subject pro- perty, have not, and will not have any adverse affecton property values in the area Respectfully,submitted, Wally Edgy' WE/slc n;, nu.re is r7 _• art:.ot hengel. My Husband. is Alvin 7. .'engel. We are strongly opposed to any further dog kennel operations in the Enchanted Hills Sut_:_ivision or ' in the near neighborhood. We purchased Lot 25 in Enchantec. Hills, of 2-2 acres, in 1970. We started building our home in September of 1970. _ Complete .-1c,ns for our residence , including setbac. s from property lines , were submitted to leld County Planning Commission as required by Weld County -.ules, PRIOR to any building or excavation, and required fees were paid for building percn.it. We moved into our house August 1, 1771, and could only do so after County approval. Our reasons for deciding to live in Enchanted Hills Subdivision were, and still are, the following: The Subdivision was planned primarily, as Residential rather than a Business area. The covenants that accompanied each parcel are intenced to control the kind of area it is to live. in. Type of outbuildings, number and kinds of animals, limit the Agricultural use to such things as----Family pets, a milk cow, chickens, 4—H animal projects for the young people or riding horses for residents pleasure. A rural setting for PEOPLES enjoyment. P≥'operty values are enhanced by proper adherance to these covenants. The noise and disturbance from this kennel enterprise is detrimental to our enjoyment of our property. We feel that it will also bring down property values in the Subdivision. We ask that the variance and permits be denied. d.,,,,,,t„,6-„ T S'2 c , 6C CJ� 1 / �' ;u� 15 \S ,1 7 O r4 mafee..', L vz tha 6,0,(4 . Co. i. X000 o�tYn��iyn o z�j� . yo 5-O/ �Icld F� lw- r - gam3 - 367y su.A.,....._...._. 1, , .., 8.2. U) .c ....tL" ,nrL&L 4-rna, civ... t -1,1 L rif 'ft t j ► _ ..) Ce-u owaa n.un.._ ,n ,d,`E,-445.ULe.+Q, . r 0/64 , a 778-0 Sodnia I. al, o1 7/fl 7Z 0h -4.41, -€ /,. k /4.trn'n. I 'n7154 /0rd £rC it ,4 t/ae.,.,z-�-�.� ��,.- y,s kerb Zv c, ,2 Ita/C in, . - erifratri 7a 3."6 7-7772)2a/-070-yr;t05tchnent\ 21 7,1)94 74 SG _ Y: -9 73 SS e/.,, it: in d i 0 ._ c q�0C-4-t4, ! 3 f3- ti,„ St. G chi a n/eel vileAt -- W 73 S'5 ,..A a 46 a i a 71/57 E/.n. Sf. F..142,41/ /-7//s PW/57.1-7 ,i..4,"ii-E:, At----).---__f_77.-77wil 7 JUt'/ 15 198, IY;/d Ca plannrn J Planning Ccialfutae -sz C Q � IM, I98a 111 ) ,aan�c a i oa tM w. . A l�1 JJ w. -E LA-r-6-2-a-(0 tD .RAAAAL.L. or '135 a)�ua�i� � -W. - .M1�— CA,XuutAt-_ 03-(, n U Uf GOO 1;76 7 3 o / teem4.D- C ciatZe4 q A.fT, 7.z so sV 2A Ate'c iYY�wua W A- 7300 &Pixu tuatax, to °-7�' 7300 in) rETAni-Wi] !fir- „: , JU;1 15 19 ? ;p c, kid Co. Flanniag Cantnizsi;n SANDY RIDGE ifr ; ,. QUARTERHORSES ' tO tt <t ,km George A. and Doris L.'Lamb f)4.: '1 7476 Maple / Longmont, CO 80501 , {`` 1 303-833-3462 I4 n r,. 14 it / `f ( 9fl- y • a , p as i�f tCovz_o wee _-is Ain- -1/Le-9,4_ aA 17-71 rc---3Friqqqlfil I y 15 ,I -- 11 1'1 ) 05 �s:..� 1YMd 0, Mlann C;M�"sia5; "n ID - Route 24 `t Camino 12 2.. Maple 3 miles East of Del Camino 1-25 NI' e z on Route 24, turn South on Route 15, I mile to Maple. .., i..3/9i inkane Real Estate 2nd a Oak, Box 187 Frederick, Colorado 80530 Phone 33-833-333 Metro 623-5900 g //Jam' %}y-� - - ' ' �� " ` ! . 1 74 AiWeinakace--SLd--, 1,, ... A;}—e---) des Gem at a4' $' 24---e' 4 731 pfiat irj FTIC--7 __ -c-_,, ,rivi _, , 1t..1 of I 0 'lib SELMA MARTIN �5 tom ,/ ��--- ,`�, �� Sales Associate op 3..�3 ofr �Wy CO. 8331-Mr Home 1l�i('L • itanc;r1 i•: i441i211n i Greeley, Colorado `-cm the Office of ' HE BOARD OF COUNTY COMMISSIONERS June 23 , 1982 -ELD COUNTY, COLORADO tblisher: Please insert the enclosed notice in your Yszcx, x>tA cxavadxxxafc text issue one time only. After publication, please send us your statement for same along with affidavit of publication and we will remit accordingly. Thank you for your cooperation. Sincerely, THE BOARD OF COUNTY COMMISSIONERS rocket No. 82-37 WELD COUNTY, COLORADO BY: Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board 9 BY+'- 4 2 i Deputy County Clerk CASE SUMMARY SHEET Case Number : USR-509:82:24 P. C. Hearing Date : June 15, 1982 Applicant : Edward and Beverly Hindman Property Owner : Same Size of Parcel: Staff Member to Contact : 5 acres, more or less Rod Allison Legal Description: Tract 18, 5W'4, Section 8, T2N, R67W of the 6th P.M. , Weld County, Colorado Location: 1.5 miles northwest of the town of. Firestone; Enchanted Hills Subdivision Existing Zoning: Agriculture Request : A Use by Special Review Permit for a dog kennel • Possible Issues Summarized from Application Mater'ials:- - Enchanted Hills is a residential subdivision in an Agricultural Zone District. Residents in Enchanted Hills own several kinds-of farm animals and livestock. The size and type of operation does not appear to create any compatibility issues with surrounding property owners. The Department of Planning Services staff has not received any objections to this proposal. • • RA:rg pis ( .!. APPLICATIONt,:.,,,. USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number (4,5k—,507: i Z • Date Received 61 i' 83 Application Checked by nL�� -7 Application Fee /`j'j,�� A r Receipt Number Recording Fee /Q•00 Receipt Number 41 / TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Tract 18 SW erection 8 T 2 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Tract 18 SW1 Section 8 T 2 N, R 67 w Property Address (if available) 7357 Maple St . Longmont , CO . 80501 PRESENT ZONE A-1 OVERLAY ZONES TOTAL ACREAGE 4 . 7 PROPOSED LAND USE Use by Special Review Kennel Permit EXISTING LAND USE Residence SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Edward A. & Beverly Hindman Address: 7357 Maple St . City Longmont CO . Zip80501 Home Telephone # 833-3066 Business Telephone # 628-8407 Name: Address: City Zip Home Telephone # Business Telephone # Name Address: City _Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone # Business Telephone # Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Edward A. & Beverly A. Hindman Name: Address: 7357 Maple St . City Longmont CO . Zip 80501 Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ,STATE OF COLORADO �• Signature• er or Authorized Agent Ok(1*cribea and sworn to before me this//#:1a day of Lyw 19 12 p;: ,"1‘ Ct.r ge n / .anon ' SEAL NOT Y PUBLIC My commission expires Q/.� 3/S' 4 USE BY SPECIAL REVIEW APPLICATION Submitted by : Edward A. Hindman Beverly A. Hindman TRACT 18 , ENCHANTED HILLS , A SUBDIVISION OF THE SW 1 /4 , SEC 8 , TEN R67W, 6th RM, WELD COUNTY , COLORADO. X, C USE BY SPECIAL REVIEW APPLICATION Edward A. Hindman Beverly A. Hindman 1) A. The land currently is not in agricultural production, however , the area is zoned A-1 . There are existing kennels on Lot 29 , and one mile to the west on Road 13 . The area is primarily an agricultural area with an emphasis on livestock and poultry production. Turkey farms are located one mile north and one and a half miles to the east along with several cattle pastures surrounding the subdivision. The raising of 20 dogs is a use similar to cattle , sheep or goat production . B . The area is zoned A-1 which allows for kennels when a use by special review is granted . Many of our neighbors within the subdivision raise goats , cows , horses and swine . C . See above . D. The general area is not going to be urbanized . A fully developed character of rural farming and livestock production surrounding this small subdivision is already established. E . There are no overlay districts . F. The land was removed from production when the land was subdivided into rural residences of 5 and 10 acre plots . G . See attached letter . 5) Items A - 0, see attached letter . Ir C Use by Special Review My wife and I have lived in the Enchanted Hill subdivision (lot 18) located in Weld County for over ten years . This area of Southwest Weld County is a mixture of farms , feed lots , turkey farms , dairies and oil & gas wells . In part- icular the land is zoned A-1 and located nearby there is a turkey farm to the north , two kennels , one within the sub- division on lot 29 and one located one mile to the West on Road 13. There are several large fenced acreages containing cattle and horses surrounding the subdivision. The area is basically involved in farming with several oil and gas wells within one mile of the property . There are two subdivisions , Enchanted Hills and Casa Grande located in the area . Enchanted Hills is a 33 lot subdivision consisting of 22 five acre plots, 3 ten acre plots and 8 two and one-half acre plots . Most res- idents living within the subdivision own a variety of livestock consisting of horses , cows , goats , sheep , pigs , and dogs . We have the following animals on our five acre lot : 3 Horses 2 Sheep 14 Greyhound dogs consisting of : a. 3 six month pups b . 9 eleven month pups c . 2 Brood Bitches 1 house dog 20 Total animals We own two Greyhound bitches as mentioned above that are bred each year to produce Greyhounds which will be leased at 12 to 14 months of age and go to the tracks located throughout the country . The only permanent canine residents are the two brood bitches , and one house dog . My wife and I see this business as a means of supplementing our incomes in these inflationary times without having to put our 4 and 6 year old sons in day care centers and having my wife go back to work which she did ' for 7 of the 13 years we have been married . We own all of the dogs that reside on our property and in fact all but the two bitches were born on our acreage. Because there was a kennel permit granted across the street , one within the subdivision and another one 1 mile to the East (outside the subdivision) , this proposal is definitely consistent with the use of the district . The area is A-1 and no matter where we move within (2) Weld County a Use by Special Review would be necessary in order to have more than 4 dogs . All but one lot in the sub- division has been built on and the lots are not divisible therefore , there should be no further development . We have less total animals than several of our neighbors and even Weld County regulations allow for up to 190 goats or 95 swine on acreages the size of mine within the subdivision . Obviously , we have only 20 animals on our land , however , 14 of these animals are dogs . As you can see from the en- closed pictures , these dogs are kept behind 5 foot chain link panels which keep all dogs within their pens . We do not allow any of these Greyhounds to run loose nor have they ever done so in the 16 months since we purchased our first brood bitch . These dogs are gentle and are attended to when I am present by my four and six year old boys who enter the pens to drop the feed pans . In no way are they a threat to the neighborhood residents as the dogs are handled on a daily basis by all members of my family . As you can see by the pictures all facilities involved with the kennel are first class . A cedar stockade fence erected in 1982 surrounds the turn out pens , the dogs are locked up in crates at night in a kennel located within the barn (see attached photos) . The chain link panels are clean , maintenance free and certainly do not discredit the neigh- borhood . I am applying for a 20 dog kennel as this number represents the maximum number of dogs I should ever have . The oldest 9 dogs (a litter of 5/81) will be going to the race track in 2 to 3 months with the other litter of 3 following in 5 months . Currently there are no other puppies on the way , although the bitches have been bred (without taking) . The dog population could be 3 in 6 months . However , if one of the bitches becomes in whelp the population may return to the 4-12 range. The figure of 20 is definitely the highest it could ever be with two brood bitches and that is all the bitches we ever want to have as this represents a considerable amount of time in feeding, turnouts , grooming and waste pick- up . Our business and all dogs on the acreage are owned and maintained by me and my family . The kennel area involves some 1 1/2 acres of the acre property . This includes 1/2 of a 24 X 28 barn the remaining portion being 2 horse stalls , an 8 X 10 whelping house , and 3 chain link pens which are 40 X 60, 14 X 40, and 14 X 136 respectively. There are no outside persons either employed or connected with the business . Therefore , there is no add- itional traffic except for the trash truck to pick up the (3) dumpster into which the manure is placed and the once weekly delivery of meat from the Monfort Plant by Mr . Ray Wurm . (UsfigF�fQr) As previously mentioned 20 dogs is the maximum figure , however , Greyhound bitches average 5 or so pups therefore , 10 to 14 dogs is a more realistic average dog population on the land . My home has a septic system, however, the dog manure is placed in a dumpster for weekly removal . The operation has existed since December 1980 when we purchased our first bitch . A total over $12 , 000 . 00 has been invested for facilities , fences , brood stock, feed , and veterinary care. The dogs are inoculated and checked regularly by our veterinarian Dr . Melissa Culver whose statement as to the dogs condition and medical care I have attached . I do plan to place wind break shrubs around the chain link fences when they become available from CSU Extension Service later this year . The area is serviced by the Frederick Volunteer Fire Department however , the fences are chain link and the barn is metal covered and therefore , is relatively fire resistant . The dogs have been on the property since before the August 1981 enactment of the animal unit regulations . I did not check thor- oughly into the new ordinance believing only that 19 animal units were allowed . I did not realize that dogs were excluded from the definition of the word animal . However , there are 12 neighbors located within the 500 foot contact area and 11 of them have signed the petiton supporting my application for a kennel permit . All of the 11 are my immediate neighbors or in other words the persons closest to the existing operation and they have had no complaints concerning this operation since it began in 1980 ! I believe these facts support my contention that this family owned and run kennel is harmonious to the subdivision , its populace , and surrounding area. In addition we are willing to make any necessary changes the Commission or Board requires in order to have this permit granted. Thank you . `Ed�war� d��A. H 'ndmtnan GGL9aAsQ,k- BeH?0411indman 931-0017, C COD # (044 (154s") l,.)ell PQxm►f 4#- 54694 • JE1r± . i. 9e S . .?. IV) °I . n �1 1 I11,IF1 1iJ )YTh4 ;Li •.,a // I . :x _' Iktr: .a2 H' . :1` .tr''. •• �. °x ll•l �•• .- - z • • ` » • Ily'll EF6•ter I / , uo•-API 5' s }. » x\ . zf 1: I Fter n . � va !J as- • nPk\ !• xv- z „n - f �` 1 f• _ _ - --``'• . A. 1 .1 Q 1 � _0 .! .a 1'_ • 1.1 _ _1\\ke• ii. •52 33 } ` V r u ;'`{ n fie se A ONOS° — Si -f� -.M` a' f, -__ STATE NEC / . . 1 ° 1 ••Z ' r • P I (- .I • T . •LL• y ..f ar? �Y© .• • ar 1 I ' �l". 1 vrr., Ire ••,o ••,3, r' \�. �• If . I!c�ICNtlrre S ro.°n° "(Ls.: I _ y I . re / • r x ?..� "Nlui a (I : . . 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E ._ 0 '') CNA lu Li NK(at) 1 O N_ METAL CE-04/f' BARN V LCE PrIO r tlNNtL Uriury - HOUSE - Yo,2! _ } 63.8 Chu - ♦ OA e 5reey - • /1Q 1CK-r-FR?AMC - W ITA CA C DEN ADDRESS or. 7'57144PLE _ N I•-•• N M 4 Ot i 7 y } Ar I 330 At 8'/° .3y' ni MAPLE" S7'tE E-r- ( I0' R-D-w) i - PROPERTY OWNERS MAILING LIST Edward & Beverly Hindman USR-509:82:24 Edward & Beverly Hindman Lloyd & Margaret Williamson 7357 Maple Street c/o Jefferson County Bank Longmont, Colorado 80501 4590 West Colfax Lakewood, CO 80215 Raymond & Sharon Leckbee 7407 Maple Street Longmont, CO 80501 Mark & Juanita Vanliere 250 Buchanan Firestone, CO 80520 Martin & Mary Low Walsh 7350 Elm Street Longmont, CO 80501 Roger & Mary Olsen 7250 Elm Street Longmont, CO 80501 Robert & Nancy Swope 7307 Maple Street Longmont, CO 80501 Robert & Shirley Schovan 7257 Maple Street Longmont, CO 80501 Hubert Eugene Jr. & Joyce Gurley 7256 Maple Street Longmont, CO 80501 Michel & Suzanne Etieme 7356 Maple Longmont, CO 80501 Gabriel & Sylvia Argilla 7436 Maple Street Longmont, CO 80501 Henry & Helen Horne 7436 Maple Street Longmont, CO 80501 George & Doris Lamb 7476 Maple Street, Longmont, CO 80501 Donald & Selma Martin P.O. Box 506 Frederick, CO 80530 i C PETITION SUPPORTING SPECIAL USE PERMIT Board of County Commissioners of Weld County, Colorado Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Dear Commissioners: We, the undersigned owners of property located within 500 feet of the property described in the application submitted by Ed & Bev Hindman herby petition you to grant this request for Use by Special Review Signature Mailing Address Description of Property bikg t,�om - 7LS6 Mr6 OIL ji r,, i.A.A., u 7yc '7 Alit ', a a 519 a' 4tJ, 6,6 73 J) Zan, A o / c -- ii.eg_` 7 7( a_ 00-7 ( J'�u-vi.v — 7'-36 4 de f 2 C` r . 701 n 1^,t-r cu . 4 7 1 Cc-‘1-14- ...-_ 7P S7 114„fete- 17 Cr 1 .... g4:,.. 7..iss We-P ,z Go 8, • n O r C L /� 73s, W r P 2 ?, c9,g • o0 7 /v c,a7l% ,r ,, /60104 7 3 s -0 Mme. p/ Q- S-#0 7M01-e2 Z ,ice/efaet2 J 7y36-, /%in_,o - C''O7 .l A�.5_2- la�^ J. a . 3/ 7i-.&(., MA,'C 00 ? L 37 i�,,o �� 73/ (0 /7g/s O 13 )<#' PETITION SUPPORTING SPECIAL USE PERMIT Board of County Commissioners of Weld County, Colorado Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Dear Commissioners: We, the undersigned owners of property located within 500 feet of the property described in the application submitted by Ed & Bev Hindman herby petition you to grant this request for Use by Special Review Signature Mailing Address Description of Property %7c 2 Y74 iii:. 2-0-0 I 0 tioJ. ./' sacs ft't' /7/ 4 I:� I . 1 I 9 X PET "ON SUPPORTING SPECIAL USE PERM" Board of County Commissioners of Weld County, Colorado Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Dear Commissioners: We, the undersigned owners of property located within Enchanted Hills Area property described in the application submitted by Ed & Bev Hindman herby petition you to grant this request for Use jy Special Review Signature Mailing Address Description of Property il yoc.on_att.ot- �4.-0 7,-0 6 `r7 wyea-6. • b. itsAt: ,-,«,. 71C7 'a /) fr 4,--Zo,6d 2)'.//J (9 <91 71 o 2 fit_ _ L nyLa% ., 715 a C� " ., kd a, .. 9_4/ AlzL_.3 %T> 7S≥' !1>tt.a 17 L uGrv7nN o lZGJ.i' i'e"—T dal 706-0 4 07,7,9 LiA/aiil G c ,c2,270/1/T I I i ! X 'h 1 f r... ,a t t f 9 atSss YV,t Av.st^-`�a-Yt. ^'�.e . .f.. .^r _ , : :-,'.�s �' �-Y w.!; C. 5;.+.+ i' e .�.v ! w PETITION SUPPORTING SPECIAL USE PERMIT Board of County Commissioners of Weld County, Colorado Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Dear Commissioners: T C1�a�*(y� }}ILLS We, the undersigned owners of property located within aeai— i property described in the application submitted by Ed 4- C3c v 4 i tionnpn3 herby petition you to grant this request for iCcNNCL Pvey.1r (USE 6Y SP&ce c PEUrf< Signature Mailing Address Description of Property 13 • /o/&3- WELD CoVrvt -12v49 */.5 • • I _T - CULVER, D.V.M. VERNON L. CU , MILLISSA J. CULVER, D.V.M. 14534 N.107th St. Longmont,Colo.80501 Telephone:772-3688 IJ; 7— "net/ C O,/ C / V& r� /JLf G� fJ �L' iJ / G eG' ( G/ rf- h'r rya .41O 4:4/,‘,-)...C hen/o/m a. P 7-a r, taCy, /9eY /, Hr' j.7 "PS G'- /ere //P,/ t rare /7/5 C/O ' Py ! rr G✓ �' // �r'e 4..v/ po O . '7 CC /JPGA /P, •/e SCC% s v c s e 4r /of/ aeV or /rile 797 /no i' 4///3a-en /S • J /n CPy P /y Of. /r/ i/;ss � ,�� 1 May 6 , 1982 Re: Kennel Permit To Whom It May Concern: The undersigned being distributors of Monfort meat , dog meal and other supplies to the Racing Greyhound Kennels throughout Colorado and many Greyhound farm kennels between Loveland , Greeley and Denver recommend your serious consideration to granting a kennel permit to Mr. and Mrs. Edward A. Hindman at 7357 Maple Street, Longmont, Colorado . We have occasion to deliver supplies on a weekly basis and note that their animals are well provided for and well cared for at all times. We know of no detrimental effects to any animals or the neighborhood , especially since animals of all types are allowed and there are other kennels in the immediate vicinity. Respectfully yours , 7 �i 777,2' Sy`i t S & C Dog Food & Supplies Ray and Mary Wurm ( Owners) 2409 Fairplay Drive Loveland, Colo . 80537 • ei . . a?vp ..M il HILLS N J' .72ST3.ICTI6,J, LmIT A"1GuS \ ` l j chi l';•, P202ECTIVE ccvZ A aTs tiff " Finch \, KNOW ALL MEW BY THESE t:�.J.,. TS, THAT I. C. AZICGJ D noels, HWOCJ, hereby declare, represent, agree, limits and covenant that the use, onjo;fnent and ownership of the following described real property situate in tha County of Weld, State; of Colorado: The Southwest 1/4 of Section 8, Township 2 North, :Lanza. 67 West of the 6th P.N?. shall be and the same is hereby restricted, limited, conditioned and protected by the imposition of the hereinafter described covenants, restrictions, limitat- ions and conditions, to-wit: 1. The above described real property shall be occupied and used ! primarily for residential purposes, except that general agriculture and livestock raising may be carried on in a. limited manner so long as said activit- ies are not carried on as cor.ercial enterprises and that said activities do not become neighborhood nuisances as described hereinafter in paragraph No. 5. l�/ Livestock area shall be kept in a clean and sanitary condition. 2. The ground floor area of a one story single family dwelling shall not be less than 900 square feet, exclusive of attached garage and porches. The ground floor area of a split level dwelling shall be considered the ground floor level and the upper level area combined. 3. All buildings on the above described real estate shall be constructed r of approved masonrymasonryOr materials,wwooden except that necessary out buildings for livestock or storage may be factory fabricated metal buildings; however, metal buildings shall be painted in such a manner as- to overcome the reflective qualities of unpainted metal buildings. All necessary outbuildings to house livestock, machinery or vehicles must be located at least 100 feet from the residence, except in the case of a detached garage to house not more than two cars. Said garage, if detached, may be located closer to the residence providing it is • constructed of the same material as the principal residence and is of like archit- ecture. 4. No structure of a temporary character, house trailer, basement, shack or outbuilding shall be used as a residence, except a house trailer may be used-as a residence for a period of not to exceed 12 months, provided the owner has made application for a building permit for a home. All building shall conform to minimum set backs as platted. a 5. No noxious or offensive acti ity shall be carried on upon any o_f the above described land, nor shall anything cc done thereon which may oeco::a an annoyance or nuisance to the neighborhood. Specifically, but not by ;,:ay of _ liritation, no owner of any property subject to the provisions of these cove- • that❑ants shall permit wends to grow and remain uncut so the same appear unsightly • / to there _ :f:ebricks the sUrrCU❑ding area tYOr shall be ^ attOd the storage of r, or other building materiel for a. period of time longer than reasonably required for the completion of a residential structure thereon. t _ 6. No sign of any kind shall be displayed to the public view on any part of the above described property, except one professional sign per structure of not more than One. Square foot, one sign of not more than five square feet advertising a structure for sale or rent and signs used by a builder to advertise structures or a structure during the construction and sales period. 7. Sanitary facilities shall be approved by State and County health authorities. No outdoor toilets shall be permitted, except for temporary usage during the initial construction period of a principal dwelling on the above de- scribed land. 8. The above described property shall not be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Trash, geruare, or other waste shall not be kept except in sanitary containers. 2.11 incinerators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition. 9. The restrictions and Mutations heroin set forth are to be con- strued as covenants running Faith the land and shall be binding upon all parries to those covenants for a period of 25 years from date these presents are recorded in the office of the County Cleric and Recorder of Weld County, State of Colorado, after which time they shall be automatically extended for successive periods of 10 years unless an -instrument signed by the then owners of a majority of the real property hereinabove described has been recorded in the office of said County Clerk and Recorder, agreeing to change said covenants in whole or in part. 10. The owner or owners of any of the above described real property nay enforce the restrictions and limitations herein set forth by proceedings at law or in equity against any person or persons violating or attempting to violate any of the said restrictions and limitations, either to recover damages for such violation or to restrain such violation or attempted violation. • Q<, 1� /Se:, 11. Invalidation of any one of the restrit:' '9n anti li.^.Loei, .s heroin damiloa 1O/ set forth by judgment or court order shall in no xise affect 'acit?rsw thy' other _sicns xhich shall remain in full force and effect. S. TT•*," I I ?^OCD have hereunto set IN ..__!•ii..�S =II-ISP�G'_�� L C. A„dCCD AND PAL'L_1:d�_.—.+ their hands and seals this j day of 1‘,QA.1.--- A.D. 1968. 0 � Cl , 11 ,4 r, r•�. i ` I. C. Arxood Patf!ine/A rxo od S. ACKNC U DG: 'NT STATE Cr CCLORa.DO ) ) SS. :TN= OF ;;CULDERtut- ) The foregoing instrument es ackno::ledged before me this /' ! day of 1 ti�l tf A.D. 1968 by T. C. ArtTrcd and Pauline S. Arwncd () commission expires 'may 7th, 1972 c?itness r',y hand and official seal. k/` CC _ CC'i c f i\?otar1 rublic . P t ! C f l / G nt. •.I...... • CLERK TO THE BOARD CHECKLIST Hearing Title: Received from Planning Department Hearing date - approved Notice typed Notices sent to: Legal advertising Planning Department Health Department Bulletin board Local newspaper Adjacent landowners Packets made Packets to Commissioners Hello