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Home My WebLink About830716.tiff RESOLUTION RE: DENIAL OF USE BY SPECIAL REVIEW FOR A DOG KENNEL - MABEL SCHAFFER 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 12th day of October, 1983, at the hour of 2 :00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Mabel Schaffer, 7396 Patrick Street, Fort Lupton, Colorado 80621, for a Use by Special Review for a dog kennel on the following described real estate, to-wit: Lot 5, Block 79, Aristocrat Ranchettes Subdivision, Third Filing, 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 re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence pre- sented in this matter, and having been fully informed finds that: I. The applicant has not demonstrated compliance with Section 24. 3.1 et seq. of the Weld County Zoning Ordinance.. Specifically, the applicant has failed to demonstrate the following: A. That . the proposal is compatible with the exist- ing surrounding land uses; B. That the uses which would be permitted will be compatible with future development of the sur- rounding area as permitted by the existing zoning and with the future development as pro- jected by the Comprehensive Plans or Master Plans of affected municipalities; C. That there is adequate provision for the pro- tection of health, safety and welfare of the inhabitants of the neighborhood and the County. II. The applicant is requesting approval of an existing twenty (20) dog, dog kennel operation. on a one (1) acre parcel of land. There are approximately four- teen (14) homes within five-hundred (500) feet of this proposal. In addition, there are approximately sixteen (16) vacant lots eligible for. homes within five-hundred (500) feet of this proposal. Because of the number of homes and lots in close proximity to LHR 2205 Cc 83O716 Cc , 'Lar, (A . PG1190 Page 2 RE: DENY USR - SCHAFFER this proposal, the, Board feel: this proposal is in- compatible with existing and future surrounding land uses. The major issue of incompatibility with this case is the noise from barking dogs within the kennel has the potential: to disturb existing residents and future residents of vacant lots in the neighborhood. III . The Fort-Lupton Planning Commission reviewed this re- quest and decided not to take any action because the applicant was not present and no petition of opposi- tion was -submitted with the application by the sur- rounding property owners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the application for a Use by Special Review for a dog kennel on the hereinabove described parcel of land be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded., adopted by the following vote on the 12th day of October, A.D. , 1983. ,/- BOARD OF COUNTY COMMISSIONERS ATTEST: "nal La2�t/ysteer„ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the/B ar Chuc Carlson,,jj�� air an By: �, � f '/ � - Deputy County Clerk J n T. Martin, Pro-Tem APPROVED AS TO FORM: Gene R. 4:/ rae CouyA torn y Norman Carlson acq line Jc son DAY FILE : October 17 , 1983 • ro HEARING CERTIFICATION DOCKET #83-58 RE: USE BY SPECIAL REVIEW, DOG KENNEL, MABEL SCHAFFER A public hearing was conducted on nrt- ftr 19 , 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chairman John Martin Pro Tern Gene Brantner Commissioner Norman Carlson Commissioner Jacqueline Johnson Commissioner Also present: . Acting Clerk to the pnard, Mary Reiff Assistant County Attorney, Lee Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated September 12, 1983, and duly published September 19, 1983, in the LaSalle Jaar1or, a public hearing was held for the purpose of considering the application for a Use by Special Review, • dog kennel, for Mabel Schaffer. Rod Allison, Lepresenting the Planning Department, infolmed the Board that the applicant was not present, however, several property owners from the neighborhwd were present. Le- Morrison, Assistant County Attorney, read this proposal into the record. Mr. Allison read the unfavorable recommendation of the Planning Commission and commented on a report and letter received from the Colorado Humane Society. Chairman C. Carlson also commented ' on the letter from the Colorado Humane Society and stated that he would like to hear the testimony fran the neighbors present. Gladys Foster presented a letter from a neighbor who was unable to attend the hearing. Mrs. Foster stated that she had not really seen any facilities for a dog kennel on the premiqPc and definitely objected to the barking of the dogs. Mrs. Robert Warren and William Brothe also appeared in opposition to the request. After sane further discussion, Commissioner N. Carlson moved to accept the Planning Commission's rebamm:vdation to deny the Use by Special Review for a dog kennel. Commissioner Brantner seconded the motion. Catmissiones Johnson stated that she felt. the letter from the Humane Society was sufficient evidence to deny this request, and she felt that further action should be taken on the situation existing. Mr. Morrison informed the Board that if this request is denied, then Mrs. Sthal5fe-would be in violation of the Zoning Ordinance. The motion to deny the request carried unanimously. Commissioner N. Carlson further moved that this matter be placed on the agenda for next Monday for further action. Commissioner Johnson seconded the motion which carried unanimously. APPROVED: /�Jf BOARD OF COUNTY COMMISSIONERS ATTEST: `� Ui+tivu4bAn ..../j..o.., , COLORADO Weld County C k and Recorder and Clerk to the uck Carlson, Chairman � - Deputy County Hl�rr� i. iii . .__.. - c J T. //MMartin�, Pro-Tam 12'J GMT-YG4'.t�.�^�•� Gene R. Brantner TAPE #83-109 Norman Carlson DOCKET #83-58 J 1 J LHR 2205 DAY FILE: October 17, 1983 ATTENDANCE RECORD 10-12-83 TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # 83-58„ USR-Dog Kennel, Mabel Schaffer DOCKET # 83-63, USR-Dairy Operation, Gerrit & Henrietta Hoogland DOCKET # PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRE S HEARING ATTENDING M 1 /� ,y� !f r i // ,& iti f fekeYIi... /$'l3 L9� �sy/�r / F3-S'X� eraz A 71 a ek-S .Ad M. �G/ /aC- L..0 oar �iC-41 /a 3.sF,C'.%4 ite �1n BEFORE THE WELD COUNTY, COLORADO PLANNING C MMI' Tttd 1 / � 91983 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY C0SSt6NH 0 11 GREELEY. COLO. Date August 16, 1983 Case No. USR # USR-566:81:29 APPLICATION OF Mab 1 ADDRESS 7396 Patrick Street Moved by Bill McMurray 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 a dog kennel located on the following described property in Weld County, Colorado, to-wit: Lot 5, Block 79, Aristocrat Ranchettes Subdivision, Third Filing be recommended (g i Q (unfavorably) to the Board of County Commissioners for the following reasons: I. The applicant has not demonstrated compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance. Specifically, the applicant has failed to demonstrate the following: A. That the proposal is compatible with the existing surrounding land uses; B. That the USES which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the COMPREHENSIVE PLANS or MASTER PLANS of affected munici- palities; Motion seconded by Paulette Weaver Vote: For Passage Doug Graff Against Passage Paulette Weaver Sharon Linhart Bill McMurray Jack 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 August J6. 1983 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 17 day of August , 19gj.. Qol,a.-.}. geaa Secretary USA-566:83:29 Mabel and Marlene Schaffer A Use by Special Review Permit for a Dog Kennel Lot 5, Block 79, Aristocrat Ranchettes Subdivision, Third Filing August 16, 1983 Page 2 C. That there is adequate provision for the protection of health, safety and welfare of the inhabitants of the neighborhood and the County. II. The applicant is requesting approval of an existing twenty (20) dog, dog kennel operation on a one (1) acre parcel of land. There are approximately foruteen (14) homes within five-hundred (500) feet of this proposal. In addition, there are approximately sixteen (16) vacant lots eligible for homes within five-hundred (500) feet of this proposal' Because of the number of homes and lots in close proximity to/this proposal, the Planning staff feels this proposal is incompatible with existing and future surrounding land uses. The major issue of incompatibility with this case is the noise from barking dogs within the kennel has the potential to disturb existing residents and future residents of vacant lots in the neighborhood. To date, the Planning staff has received only one (1) phone call substantiating this concern. III. The Fort Lupton Planning Commission reviewed this request and decided not to take any action because the applicant was not present and no petition of opposition was submitted with the application by the surrounding property owners. RA:rg N OTICE 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. 83-58 APPLICANT Mabel Schaffer 7396 Patrick Street Fort Lupton, Colorado 80621 DATE: October 12 , 1983 TIME: 2 : 00 P .M. REQUEST: Use By Special Review - Dog kennel LEGAL DESCRIPTION Lot 5, Block 79 , Aristocrat Ranchettes Subdivision, Third Filing, Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER ` AND CLERK TO THE BOARD BY : Mary Reiff, Deputy DATED: September 12, 1983 PUBLISHED: September 29 , 1983 in the LaSalle Leader Affidavit of Publication STATE CF CCLCAACC. 1, sa. County of Weld. LEGAL NOTICE (. . ✓/'q��4,/ MD71C! /�A� �� o! PyilenRt%IKi ZEEIli/ said County er Weld metric duty-sworn. say tha:.- et,Celiensi led Bit I am pu6luher/E IMMO OrWiinN.MS � k 7 -��ii/r/O®i ben 0will 1$ yit l E n WBNiNNiPiri M that the name is a •+rosily newspaper of genera.' GSeriSir WW,OlbU ctr-ulancn sere\ pnyd cn published in the 'Cotter, WS SN / d wends,N dam* towncEd t✓A1�A-ipersonisilly Wane in said count meuse BT.sots' y and stare: that ea nettce <r edvenspa M Min tisement et wfncn the erresea u a true apps. ti• has been puhhahed m acrd weekly newspaper ea it fra KNOWN si itimq for 2.11 wept se OWEISSIO*WI red Lit_:the weekar that the notice was pualiahed m the BS?'IN1Rhet in in MINI Ow regular and entire issue cf every nurher of said OVA M Iii BIiy/ M , Inewspaper dunng the pored cna Ire e'. punt: COMOSSSBeerlw/bSbl WS ORBS q INIIMMSNEw. NM ration cf card notice cnd in the newspaper SWUM Wit PING ON. CNA prayer and not in a Supple:none thereof: drat the r list puhttcanen et scud notice was ermined in DOCKET NO.041the �issue et said newspaper heart= date, the APPLICANT 7GL day of t5 , A.21 :c X MabeIalMler and the that pubi:aa.en ere-..t. in the issue ei 77NPMrientreS Pen Lidless Ca .gflBitI said sewapc;er hr.::.-.q dare. the�g day cf DATE: OMMer It,MD _AU. that the said TIME; t:N P.M. t IG _ Viet ,- REpIRST: Use bay Special Rw r7Y� .11��[/ view-Dig Komi has been nuhnshed r_rtinuausly and urin:errupn LEEAL DESCRIPTION edfy during the penes" et at :scat fifty-two con. Let S.Elm*-7y p_-S -Ranch- secwwe weeks next prior re the first issue thereat Mles SNSItrldins Third PIW't can:citmg sata mere or acven:sement clove Mid godly,Wends referred lo: and that said newspaper was a: the SWARD OF COUNTY time of each at the pubiL--_fans of said notice. COMMISSIONERS WELD COU4T`,;COLORADO dust' Q'udif.'ed fur that purase with= the mean Ma at an cc:, entnled. An Ac Carcern•tr a Oral BY:MARY ANN PEUERSTEIN :knots. Adveruser_er.:s and Fublicanatn. and COUNTY omit AND RECORDERANEKERK • the Fees of ?mars and %_bithers thereat. and TO THE OOARD to Repeal all Acts _d Par: at Acts in Conflict BY: Miry SWIM Deputy with the P_vtsrens of (ha Act" approved April 7. 1?2I. aid cal cmend.—.enta thereat. and park; DATED: September 12. MD leery as =ended by an.act approved. March 22. PUBLISHEDIe The LaSalle Leader Thursday, approved .`.tar I 193'.. Thursday. September 22,1583 Pubs, et Suzscnhed 9d sworn :a Seth:* this .._L..._. day cE .__..L./IGZ.________.. .......113...tS ±:y c---llatert exr::ea _ //-/ _i . Nc;are ?abbe 22019 W,C.Ku. 54 GREELEY, Ct3 80631 On1 ' 1' a • Colorado 1 Humane Society Department of Planning Services 915 10th Street Greeley, Colorado Attention: Rod Allison Dear Sirs, Enclosed is a report regarding properties at 7396 Patrick Street, Fort Lupton, occupied by a Mabel Schaeffer. The findings of Colorado Humane Society are recorded in said report. Also included is a written statement from Carol Schat, Director of Colorado Humane Society who witness said properties and the animals involved. Based on our findings it is the opinion of this Society that in the best interest of the animals living at Ms. Schaeffers' home that a license be denied and enforcement of regulations regarding the amount of dogs per property be strictly enforced. The animals residing at 7396 Patrick Street are living in filthy conditions, they are matted and dirty and they are very overcrowded. Th food they eat is inadaquate to meet thier nutritional needs. The animals are handled in an improper manner as witnessed by her kicking her small dogs and picking them up by their front legs to carry them. It is our belief she improperly registers her pups with AFC and misrepresents heredity and age of the animals involved. Considering all the facts and conditions found we strongly urge a denial of any kennel license issued to Mabel Schaeffer. Sincerely, Nina Dunn Colorado Humane Society Investigations 5901 fast 8911, Avenue Henderson. Colorndu 806111 303289-'891 COLORADO HUMANE SOCIETY 1. Inital Offense 2. Case Report Number Classification � ^` STATE OF COLORADO 0)' NSE REPORT K (V e T`- P I . 3 i c 72 -- • 4. Offense Reported 5. Juvenile 3. Connectin^ Case Report Numbers ` ( Ons Viech `C )) Citizen ( ) Yes NrNo ( On View ( ) Supervisor ( ) Unknown 6. Disposition No Chance, Remains 7. CCIC Entry Number ( ) Changed to ( ) ( ) Open ( ) unfounded ( ) Cleared by Arrest ( ) Exceptionally Cleared 8. Exeptional Clearance Cate ory: ( ) Victim Failure to Prosecute, ( ) Prosecute for Lesser Charge ( ) Juvenile ( ) Other Jurisdiction p ( ) Duplicate Chances ( ) Suspect Incarcerated ( ) Suspect Death ( ) Declined by D. A. V 9. Reason Declined by D. A. 10. NCIC Entry Number 11. Gee-Code ( ) Insufficient Evidence ( ) Other ( ) Uncooperative Witness 12. Location of Occurrence (City) (County) V N 739 ' ALQIf / S r -Cwt I yPmN l/JF1_40 13. Date - Month Day Year Time 14. Time-Date Month Day Year Time Time On Or Reported ry /�/�Occurred Between �. 1 This �1'11lJ H 09 28 83 /,� /a 09 : 83 CODE' n e R.e,-iste ed Owner RP- Recortin, Part. LIST FIRM NAME AND CORPORATE NAME, IF DIFFERENT V. Code 'F, Name er�(Last Fi Middle) 18. Sex 119. Race 20. Ace 121. Date of Birth 22. Occupation 'in-1 7 Or 1 _ni (',P Qticl 23 Address — — — — — — — — — Tip cede — —Phone z-nay— (—) Res. Bus. /1/0O SHF.em/a,v cr. DE UF� „ R 16.- Code 17. Name (Last, First, Middle) 118. Sex 19. Race 20. Are 21. Date of Birth 22. Occupation F. o DV/VA /V/N!2 OOP/,ti SI //�� 23. Address zip code Phone x- dt (� E/ Res— _ —_ _ _ .- -_ _ _ —_ _ _ —_ — _ — __ _ — _ — D's' 59n/ F : 89r// ROE, HFN/JF,Ps071/ 80640 289-2Q9J ) '24 Type 23. Breed 26. Sex 27. Color Canine ( ) Equine ( ) Other t?e,f hale ( ) Neutered Feline ( ) Bovine Q � *Female ( ) Spayed 2r10 JS ` g28. Condition I 29. Identificaton ( ) Very Good ( ) Fair ( ) Emaciated ( ) Dead ( ) Good '4 Poor ( ) Injured ( ) Other - 30. Type l 31. Violation(s) • ( FederofFialing( ) State ( ) Municipal W . CRS is -9- 767 eEP.vpi.rz TO - nN/mRGs- NEGL.seT OF AN//7'i/gz_ pr-FF.v16Fs 0A/ ng29Ffl , r .QPPPOK. /7.'on TN/s n,ci=/O.EP ,PFSfl1A/OC4 '7t\ /=7_ r1"/77Pen77vr /RU /_C^(,/5 &PAO . /r77.e. ( -F Da //llrelPmf/) t nt tPRff /-/il/7 .9A/P SOC/Fr(/ ThAT NF /.'/91) 021t-'cA/ v Pi,T) /-O(>P/^ 3IQ 7T' 77VF' Frier / t iPJTW ,1QFy9 T« P . J4YP&/6'cF A PCOJ%F AUPie c/-'/-v QA 5 tYri/c'RM7Pn By TNc r . r'n/kW[Tir3A/< /9.t!/) ;inn Pr n < ,ip 7O eel v rwf Po!-? RF51os EP1? r'//Ei4ia- a 7//"/ m rc T, H ,t//£ aAm/9/5 o;&Q F by Poe/P . ....., W!)EebJ • r.F_&A/Q..112 _—W ?wig_-€.ti/ ?w/ pFricF,P PE c4-'Arnrn, 4 / A/)(/ i„ /:/n s/-//n NF /.3R s /Y196s'L sf ' wrrFP n,&Lc( )F24/, 77/F nl2Cl�'. TNF S/»FLL ['0/n//U6 32. Reportin- Party Sirn .re: I affirm tnis iu:ormat ion Is 33. Copies Sent to: true and correct. �� !/nQ„ IlLln/Y7 a3'. ft,e SLmatu.tre re Number nd Unit) 35. Supervisor Initials and Date 36. Assivned to WaveL w ��/�T�y, of V A:rt ,/ . 2. Case Report Number COLORADO HUMANE SOCIETY - STATE OF COLORADO SUPPLEMENTAL SI ea/Q 72 38. Date Oririnal Report 15. Date Iris Report 17. Victim Name Ord,inal Report O.92883 o9a883 s-r/gre of 011)[..n Rigor) CODE: W - Witness LP - Last Person in Possesion TN - Title Holder D - Discovered Crime P - Person Secarim Premise PA- Person Aeceptin✓ Document 39. Code 4-. Name (last. 'irst, middle) 41. 0,0.0. 42. Address [� [['' nn zip 43. Phone X-Day Res. q90/E•L /'s_ Qom£•— — — _ (rEDo, I-0�/s /z2s62 -itt zn . 40M/DE ea Res. `739/v_PQr:22/ercc_T•_ — — Li.... w SGI/9Ffr' /TiABEL Boa. Peer e uPraN. CD Res..— Nis. ( ) Res __— _ _ _ — _ ( ) Bus. 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DON rT HAUF 7t) u flee P 4 /Valor /77 U na&r3 FFIT S H/Un ICri//£ 'gym iQE /2D /G-/us icn7 /)nC Poop To For t3nsc D1aA/ 'r e ixF Doc P-mD. For / P2&rOPE / ,°nr JT _i>11 Foe. J77/AIPS€21LS /MAO sTLr/=F. / 9UP/oc/ - SNF /fl/- • 34. Officer SL.natire, N. ber and Unit 35•Supervisor Initials and Date d"Page Of COLORADO HUMANE SOCIETY 2. Case Report Number ' STATE OF COLORADO CONTINUATION/ 8 3/0 / 2 FOLLOW UP SHEET 1. Initial Offense Classification 17. Victim 15. Date this Report NEG - STArE of e s .r •• 091, ?NP /JQr)P re3R.t E(0AIDS / Cl85F.2UFL) OA/F TAO AA, . Ql,4PK 177ATTFD lJ )t4- (3NF Reknit/ /9AD cc' N/rE ,DOG /YIATTFl� f�� i/ 7't1lA/ n( ,9PPF79.QF-D '77•) AFAgagteravy recur sr-roc/P/94 Dcki-s iA .cii:7 • /TIS =So,w9e "FF.P RPP%AEEO fl>- /JOO& G ,rw A BeR V Arrnn!P_o-/r B7 n ie Cc! COATED RR04_JAJ ,& PUP/°c/. "SEE, /_YYW'r AAdf Tn &)OP t! ARO or /r/t! .l()&5• " / alb. TRRrFee) e/EG!./AIerr DK-AEU. t ' O/J. NC1' TN£ 7 1/AJrr /72AAJ 001;15 Heie£ . 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Colorado tad Humane Society Department of Planning Services 915 10th Street Greeley, Colorado Dear Sirs, On October 7th, 1983 I, Carol Green Schat, Director of Colorado Humane Society, visited the hone of Mabel Schaeffer in search of a puppy to purchase. I found: filthy conditions in the house and yard filthy dogs unsocialized dogs improper feeding habits age discrepencies on AKC papers misrepresentation In short, I found the conditions existing at 7396 Patrick Street, Fort Lupton to be inhumane and unsanitary for both canines and people. I strongly urge a firm denial of the application for a kennel license and the immediate closure of this facility. Sincerely I/In /' Carol Green Schat Director of Colorado Humane Society 5901 East X9th Avenue Henderson.Colorado%0630 303.2X9-2X91 COLORADO HUMANE SOCIETY e 2. Case Report Number STATE OF COLORADO CONTINUATION/ �2% a FOLLOW UP SHEET �1. Initial Offense Classification 17. Victim 15. Date this Report it/�r�r��r STATE Or Cca D.QNDO 092903 ON 092953 Ar ¢:3C) / spn/rF aim/ '- - /Cwiis rfte0o, hF 7n/!) TH/S' ()F"F/r'£0 TivAr 4'F Ian we I cc i/=c,. TM?7- Air) CSAJ 5 hill /9 /<SF/J Thin° Does L/if£ T7YA✓. G&nn Co/UT/A/DPI) B4 -rrwit,//&r rrns atenc. .P T,*IOr G,HfAi i-i "i/Q .92i2/OFD fTT SCHAf/=FFAS iCES/.OFA/r. p ,g/_'Am7 P<YtSirienic# /LL FiQOm Thep S/nfizc) 7HF.PF_ (iJA5 /iPiA/F AAJD FF'CFS ALL O✓si TM. C/OOie_e1i-nzziIviss �r /=L/F< f/f'R4/ cfT/gfRr/C' failib iJsr (t)nutOit) 'r /7 ou / f . /OA51We.IF .t3FFO.PE H£ 77D/J0/£0 k+'/5 PI j i Al /1(16- /=D& E nige. CF 7.eAnJSIn/i7/NG A /-Tense &EDO C./9/AO ,sOmg nr= THE Deles•s / rnvcFn fl,D Rur nrHE. S tDaer- veev 7./9/44 /WO aRrwf)2r/e , tic F'Mn(n 294 6/ Q/NCi "/ lilac Nn.PP/F/ , /ih7 Spe.P4 i 1iJr'ii !� min/P-� .1QNDcni ,r [7 CFr7NFm_ c1/JT Or THfPF. / l)/DNT STA4 tat/6- / T RFA/.t4' mADr /?7F S/!t K .%r»ir OP THE !)Oh-s / .D/.O,l•r SI E, � 34. Officer Signature, Number and Unit. 35. Supervisor Initials and Date 37. PaFe "1 Of C`ai . Colorado i • Humane Society At 1:00 p.m. on Friday, October 7th, 1983, I made telephone contact with one Mable Schaeffer in refernce to her ad in the paper advertising the sale of poodle puppies. She stated that she had three remaining puppies, two black poodle puppies, one male and one female (both with papers) and one white mix (poodle/ chihuahua mix puppy) . She advised me at that tine that the cost for each of the puppies was $75.00 whether they had papers or not. I asked if I could ewe to look at the puppies for sale on that sane afternoon. She agreed and proceeded to give me instructions on how to get to her place. I arrived at 7396 Patrick Street, Fort Lupton at 1:45 p.m. on the same day. I knocked on the door several times but received no response from inside the trailer. I then proceeded around to the back of the trailer, the first dogs I saw were three poodle dogs running in and out of the house through a "doggie-door" ( a hole in the aluminium trailer wall) These poodles were black, white, and apricot. They all appeared to be of average weight, short coat, and visably dirty. I would age them as "very mature. " Continuing around the north side of the trailer, I discovered two dogs running loose. One was a shepherd/collie mix type dog, the other an afghan/salukie type hound dog puppy. I would estimate thier ages between 5 and 8 months. When I reached the back side of the trailer, I discovered several wooden additions attached to the back of the trailer. Comparable to a semi-organized pile of discarded lumber. When I called out, "Is any- one here," the response was spontaneos harking and growling. I saw no less than fifteen dogs, a variety of sizes, shapes, and breeds. Ranging from the toy poodle breeds to large mixed breed dogs. The chorus of barking brought some yelling to, "Shut up" from inside the house so I returned to the front of the trailer and knocked one more time. Mabel did verbally acknowledge my presence. I waited on the front porch for a period exceeding two full minutes. I could hear Mable calling dogs, moving what seemed to be heavy furniture and opening or closing several doors. She then opened the door and let me inside. This was my first mistake, I went in. Mabel and I were standing in a room approx. 8' by 8' . The conditions were filthy and rank of strong oder. Flies were prevalent in mass quantities. I introduced myself and asked to see the puppies. She opened the door to the backyard, (allowing me to see a literal herd of poodle type dogs, more than ten in number) and disappeared for a period exceeding five minutes. 5901 East 89th Avenue Henderson.Colorado 80610 303.289-2891 While Mabel was gone I looked around the room I was in. The doggie door I had previously seen had been closed. She had shoved a small appliance in front of the opening to keep the three poodles I had seen outdoors. They were scratching and whining to get inside. Two containers of food were sitting on a small table in the room. The food consisted of soaked breadstuff (resembling white bread soaked in water) with some unidentifiable table scraps laying on the top. One plastic bag reading Enriched Buns, eight buns, contained the same water soaked bread. It weighed about seven to eight pounds. During Mabels absence in the back yard two more poodle type dogs cane in from her living quarters. They growled and cowered whenever I spoke to them. I could hear Mabel returning. She spuke sharply to same dogs, quickly opened the door and closed it behind her. She was carrying two dogs. One bitch, black poodle type dog (she was carrying it by it's front legs, and the other a black, male, poodle puppy she was holding upside down.) She placed them both on the floor. The "supposed mother dog" cowered and ran to the corner and hid, sat there a moment and then ran to another corner and hid, this behavior continued during my entire stay which lasted twenty- three minutes. I noticed the "mother dog" was noticably large in the abdomen with erect nipples. I attempted to pick up the dog to confirm that she was pregnant, but I could not get close to her. I believe she was certainly pregnant. Thereby the dog could in no way have been the mother of the puppy. The puppy remained in the sane place on the floor. Marl advised me that, "this is the healthiest one." Mabel also showed me the registration papers on the poodle puppy. The date of birth of the litter was noted as June 19, 1983. The bitch on the registration papers was shown as being Sarah Chateau Lorraine (the sane black bitch she had brought into the room) . The puppy Mabel had brought into the room was not four months old as noted on the AKC papers. My examination of the • puppy, checking the baby teeth not yet grown in and the blue film on the eyes of the puppy would age that specific puppy at less than five weeks old. Mabel told me the puppy was seven weeks old. During the next few minutes, I played with the puppy, encouragaging it to walk (as it would not move) and to try to become friends with the nether dog, Sarah. I failed on both counts. I departed making reference to requiring an okay from other family members to purchase a puppy for $75.00, and also sharing my concern with Mabel that the puppy would not or could not walk. yet hp„ ft ‘' 1.11 OFFICE OF WELD COUNTY CLERK AND RECORDER DEPARTMENT OF CLERK TO BOARD PHONE (303) 356-4000 EXT. 223 WilD P.O. BOX 459 O GREELEY, COLORADO 80631 Nw. COLORADO - .. ,,...7- , . ;,-.� ,�� , ;t; August 22 , 1983 r SEP S 19$3 )! s'RttLEY, Mabel Schaffer Cola 7396 Patrick Street . , Fort Lupton, CO 80621 Dear Mrs. Schaffer: Your application for a Use by Special Review for a dog kennel has been recommended unfavorably to the Board of County Com- missioners by the Planning Commission. The legal description of the property involved is described as Lot 5, Block 79 , Aristocrat Ranchettes Subdivision, Weld County, Colorado. If you wish to be heard by the Board of County Commissioners , it will be necessary for you to indicate your request by sign- ing the bottom of this letter and returning it to this office . Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by September 6 , 1983. If we are not in receipt of your —�J request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WE COUNTY, CO ORADO attso , irman I wish to have . a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expense. D -1 CC/mr 1 � MAILING LIST MABEL SCHAFFER MARLENE SCHAFFER USR-566:83:29 Fort Lupton State Bank Matilda M. Woodall P.O. Box 209 15890 Casler Avenue Ft. Lupton, CO 80621 Ft. Lupton, CO 80621 Olive M. McConahay Larry and Irene Pevler 9500 W. 26th Avenue P.O. Box 38 Lakewood, CO 80215 Ft. Lupton, CO 80621 N.J. McConahay Michael and Donna Bostwick 9500 W. 26th Avenue 15852 Higgins Avenue Lakewood, CO 80215 Ft. Lupton, CO 80621 Jimmie and Helen Reeves Kathleen Clancy 7306 Patrick Theresa Beatty Ft. Lupton, CO 80621 7344 Woodruff Ft. Lupton, CO 80621 Earl and Zella Whitt 16023 Higgins Ft. Lupton, CO 80621 William A. Brothe 16136 County Road #18 Ft. Lupton, CO 80621 Robert and Bernadine Warren 15943 Higgins Ft. Lupton, CO 806214 Gladys V. Foster 7434 Woodruff Ft. Lupton, CO 80621 Frank and Alta Merritt 995 S. Eaton Street Lakewood, CO 80226 Henry and Judith Clay 7394 Woodruff Street Ft. Lupton, CO 80621 H.W. Siddle 7345 Patrick Street Ft. Lupton, CO 80621 Christy R. Wagner 14730 North Colorado Boulevard Brighton, CO 80601 „ ; DEPARTMENT OF PLANNING SERVICES bj �J PHONE(303)3564000EXT.400 (r'çii ;� I GREELEY,COLORADO 80631 •,j August 5, 1983 F S 'J � ; COLORADO Mrs. Mabel Schaffer. 7396 Patrick Street Fort Lupton, Colorado 80621 Dear Mrs. Schaffer: A new Planning Commission hearing date has been set to consider the Minature Poodle Dog Kennel operation. The new hearing date is AUGUST 16, 1983, at 1:30 p.m. It is necessary that you or a representative be present to discuss and answer questions about the kennel operation. Please call me at 356-4000 - Extension 4400 if you have any questions. Sincerely, f / ei Rod Allison Current Planner II RA:rg / . i12i' ✓Ltael.c:1 G1i'•G�la�t--� ��o `- cc9x .iJ ce-.J .knee eff deer yeti w dt BaG� • lig' S207 t -- - � tf- as --- 67 I -42-t17 /-SF5'3- ft `� WELD COUNTY HEALTH DEPARTMENT t mEmORAnDUm CTO ROD ALLISON, PLANNING DATE June 29, 1983 • FROM RON STOW, ENVIRONMENTAL HEALTH COLORADO SUBJECT USR-566:83:29/SCHAFFER DOG KE L Our Comments are as follows: 1. Application must be made to the Colorado Department of Health, Zoonoses Division, 4210 E. 11 Avenue, Denver, CO 80220, for a breeding kennel license. 2. Applicant must follow Colorado Department of Health's regu- lations regarding breeding kennels. 3. Noise standards as delineated in 25-12-101 et. seq. , C.R.S. as amended,:must be maintained. 4.FOEi Op gyp[ r j7rrt O_r 4 %- r-,- It Vw=, {, COUNTY OF WELD f� 1p as 130 S McKIN LEY AVENUE FORT L.UPTON (303; 857 6667 06 � j P O. BOX 158 DENVER METRO (303) 893-5»04 ,� _J FT LUPTON.CO 80621 GREELEY METRO (303)355-9225 COLORAO° June 29 , 1983 �(��', ' ?ti —• ,, 2.j;L�nlo,3,\, az 1ll�i� JUL 11983 Rod Allison :L` „-J Department of Planning Services 915 10 Street Yield Co. Planning Commission Greeley, CO 80621 The following are the actions of the Fort Lupton Planning Commission meeting of June 28 , 1983 . ( Case No . USR-666 : 83 : 29 Use by Special Review Permit for I a Dog Kennel for Mabel and Marlene Schaffer . The Fort Lupton Planning Commission decided not to take any action on this applicant since no one was present to re- present the owners and no petition was submitted with the ap- plication by the surrounding property owners . Case No . USR- 559 Use by Special Review Permit for a Dog Kennel for Michael J . Stepnaick. The Fort Lupton Planning Commission is opposed to the proposed Dog Kennel in view of the letters and complaints for- warded to the Planning Commission from Weld County by the sur- s rounding neighbors . The Planning Commission also felt that this particular applicant should be further investigated as to the type of operation that he has proposed . Case No . BOA- 845 : 83 : S Height Varience of 15 ' for Mt . Calvary Lutheran Church. The Fort Lupton Planning Commission voted to approve the height varience for the proposed Cross Tower for the Chruch. Case No . RE-623 Recorded expemtion for Alfred S . Gurule and Robert Sommer The Fort Lupton Planning Commission voted to approve the re- quest for the recorded expemtion for a, single family home . 'L5it., .. 7 Rsc_- �a . & awe , iAt‘ 7,4 c, ":„ "4;4 a. 44.„ a'e/ a V rint dt _ CeoaAi Q?. a( 84L9 7,)'s (0o) G , Sit pt,4, c'0 a pne - lvr�-e Ant-(1 ) Ael let it, 04,p a cy,t_ crukik:441- , if . �y a� wjel A "'W O Lfinci ///1,,la,�GG4�. 2 t "' (1 -- - - etellest dieted, >-.. AL a ^ t,,reT -per- ,/�' e v k - frer"GUw C' �� U 7 Pt9-?+=. ( S /` ( APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Ext.Street, Greeley, Colorado Phone 356-4000 0 Case Number o SSA C/2( •,s 37� 2 Date Received ) Application ecked by c a s Receipt Number i a re 7 1 Application Fee - /5 Recording Fee Receipt Number 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: )-of S DI 71 /X'r`D r//,N5 LEGAL DESCRIPTION OF SPECIA REVIE�W�/�,EE�R�yM�IrT AREA: � AI Section T N, R W far,ffetre' wol / LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W q � Property Address/� (if available) r 3 (l ��$-rsr K. r PRESENT ZONE A lr, c t, I Lt� OVERLAY ZONES VA-S.„--- TOTAL ACREAGE t cie,u.- ['� �� .� �� PROPOSED LAND USE Pr_Vt tI r� EXISTING LAND USE { rec,r 4 w('•IP h"" • SURFACE FEE (PROPERT Y OWNERS) OF AREA/PRROPPOOSED FOR REZONING:Name: y.3 t �G f;(t m� zip '6 2- 1 Home '/`� Busines Telephone #�-- Hose Telephone #tS 7-2 4' %.-- Name: Zip Address: City Home Telephone # Business Telephone # Name Zip Address: City Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Zip Address: City 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: Name: Isle\coa Yoko Ire Cc'Joky City �aKP�aeet� Cry Zip g'01..15Address: 9 cc \4, 1(0 ave I Name: City Zip Address: Name: City Zip Address: I hereby depose and state under the penalities of perjury that all lstatestatements, proposals, and/or plans submitted with or contained within this app e true and correct to the best of my knowledge. • ) \ COUNTY OF WELD ) STATE, OF-r LORADO ) L Y / off � • Signatur Owner or ut ized Agent da of •M 19 8'S Subscribed and sworn to before me this viY — (ce1:.�+.3..�-o- QV,C.1.. 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[II/ _ ? t9 I r I.N ai [ F .L•• c r o z. �° �. v :/ :' - ..i I I ,. G �o r • \ C o 1 '�yy rQ d.�..e_n_R }A tl A t . E:.—.._a L I ,� __ 4s . -,g�.:.� r. e L �' •� . • IF. as r r c . c t^ 1 —':•11:::.I s FIELD CHECK FILING NUMBER: USR-566:83:29 DATE OF INSPECTION: July 22, 1983 _ NAME: Mabel and Marlene Schaffer _ REQUEST: A Use by Special Review Permit for a Dog Kennel LEGAL DESCRIPTION: Lot 5, Block 79, Aristocrat Subdivision, Third Filing LAND USE: N One double wide trailer E Vacant lots platted for residences _ S One mobile home W One mobile home and vacant lots platted for residence /ONING: N Agriculture LOCATION: Aristocrat Ranchettes Subdivision E Agriculture 7396 Patrick Street S Agriculture W Agriculture COMMENTS: Access to the property is from Patrick Street, a gravel road. The subject lot contains the following improvements; double wide mobile home and outbuildings. The property is fenced. BY: diItclL9--Cin Michael S. Mullen, Current Planner MSM:rjg v r--,I c lam" l 1 II . 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J -- n 111 J „ JI is ` C-IO8VH N r - I CI—I -I' - - m i - m a 0 I - m _ m I N m - QI v r N , I ., r —�� I, I N F N-I" M t P i NO J N n r N ;N I 41;' „r T I O L—M �� - -b --714O - ri n :C I I m m , I m I M 1 f I t ro m Al S a l m MI in P —_ Q)—Il73-IJNMQUE_ Ia c m P l v al III IIP mgr) _ _ l -II : 01 -__•----•----•----•----•- - ----• ------•---ti CASE SUMMARY SHEET Case Number: USR-566:83:29 Size of Parcel: 1 acre, more or less Request : A Use by Special Review Permit for a Dog Kennel Facility Staff Member to Contact: Rod Allison Possible Issues Summarized from Application Materials: The Fort Lupton Planning Commission decided not to review this proposal because the applicant did not appear at the hearing. The Planning staff has received one phone call from a surrounding property owner who objected to the dog kennel because of noise. The person who called in objecting, indicated they represented a group of surrounding residents. This case was continued from the August 2, 1983 meeting. At that meeting testimony was accepted from people in the audience. The testimony included two letters of objection. The letters of objection are included in this packet. RA:rg Date: At ;t 2, 1983 CASE NUMBER: USR-566:83:29 NAME: Mabel and Marlene Schaffer REQUEST: A Use by Special Review Permit for a Minature Poodle Dog Kennel LEGAL DESCRIPTION: Lot 5. Block 79, Aristocrat Ranchette Subdivision LOCATION: Approximately one (1) mile north of Fort Lupton THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE Denied FOR THE FOLLOWING REASONS: I. The applicant has not demonstrated compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance. Specifically, the applicant has failed to demonstrate the following: A. That the proposal is compatible with the existing surrounding land uses; B. That the USES which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the COMPREHENSIVE PLAND or MASTER PLANS of affected munici- palities; C. That there is adequate provision for the protection of health, safety and welfare of the inhabitants of the neighborhood and the County. II. The applicant is requesting approval of an existing twenty (20) dog, dog kennel operation on a one (1) acre parcel of land. There are approximately foruteen (14) homes within five-hundred (500) feet of this proposal. In addition, there are approximately sixteen (16) vacant lots eligible for homes within five-hundred (500) feet of this proposal. Because of the number of homes and lots in close proximity to this proposal, the Planning staff feels this proposal is incompatible with existing and future surrounding land uses. The major issue of incompatibility with this case is the noise from barking dogs within the kennel has the potential, to disturb existing residents and future residents of vacant lots in the neighborhood. To date, the Planning staff has received only one (1) phone call substantiating this concern. III. The Fort Lupton Planning Commission reviewed this request and decided not to take any action because the applicant was not present and no petition of opposition was submitted with the application by the surrounding property owners. RA:rg 804-81-915 �t F4 `4 OFFICE OF WELD COUNTY CLERK AND RECORDEI (-'y DEPARTMENT OF CLERK TO BOARI il '� PHONE 13031356-4000 EXT. 2'e OP,O. BOX 4E r-1 D GREELEY, COLORADO 8063 • COLORADO August 22 , 1983 Mabel Schaffer 7396 Patrick Street Fort Lupton, CO 80621 Dear Mrs . Schaffer: • Your application for a Use by Special Review for a dog kennel has been recommenced unfavorably to the Board of County Com- missioners by the Planning Commission. The legal description of the property involved is described as Lot 5 , Block 79 , Aristocrat Ranchettes Subdivision, Weld County, Colorado. If you wish to be heard by the Board of County Commissioners , it will be necessary for you to indicate your request by sign- ing the bottom of this letter and returning it to this office . Regular hearing procedures will then be followed . This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by September 6 , 1983. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS SrLirrnan COUNTY, COADO I wish to have a hearing on this matter brought before the Board of County Commissioners . I agree to pay for the legal advertising expense. CC/mr Hello