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Home My WebLink About830530.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR DOG KENNEL IN THE "A" (AGRICULTURE ZONE DISTRICT) - RICHARD AND DEBORAH ZUBKO 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 11th day of May, 1983, continued until the 18th day of May, 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 Richard and Deborah Zubko, 9452 Sierra Vista Road, Longmont, Colorado 80501, for a Use by Special Review for a Dog Kennel in the "A" (Agriculture Zone District) , on the following described real estate, to wit: Lot 5, Block 4, Casa Grande Estates, 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 Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with the 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 in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not encourage urban use to expand in a rural area; b. The proposal is consistent with the intent of the Agricultural Zone District; and is provided for as a Use by Special Review; c. The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as the projected development in the future. The future uses will U LHR 2170 „ PAGE 2 , USR, RICHARD AND DEBORAH ZUBKO be of rural residential and an agricultural nature. The intended proposal will not have significant traffic or noise impacts; d . No Overlay Districts affect the site; e . Use by Special Review Operations and Design Stand- ards 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 in the "A" (Agriculture Zone District) on the here- inabove described parcel of land be, and hereby is, granted sub- ject to the following conditions: 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of May, A.D. , 1983 . n BOARD OF COUNTY COMMISSIONERS ATTEST: Q.v - a '4 WELD COUNTY, COLORADO U Weld County Clerk and Recorder EXCUSED and Clerk to the Board. Chuck Carlson, Chairman ) � < � BY: k �A u- , fit Deputy County Clerk J T. Martin, Pro-Tem APPROVED AS TO FORM: it, xi Gene R. Bran ner O(4/fent-- C ))6" ,vt--__ efg-044t---- County Attorney Norman Carlson Ja que ' ne Jo ns.n DAY FILE: MAY 23, 1983 RICHARD AND DEBORAH ZUBKO USR-549:83:12 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 ten (10) dogs. 2. The dog breeding facility and kennel shall comply with all applic- able Weld County Health Department and Colorado State Health Depart- ment regulations. 3. A six (6) foot wooden privacy fence shall be constructed surround- ing the kennel in order to screen the kennel from the adjoining lots. 4. Design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance shall be complied with . 5. Operations Standards for Uses by Special Review, Section 24.6 et seq. of the Weld County Zoning Ordinance shall he complied with. 6. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applic- able 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. 7. 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. 8. All but one (1) of the dogs on the property over eight (8) months old shall be debarked. 9. The Use by Special Review Permit shall not be transferrable to any successors and interests to the described property shall expire automatically upon conveyance or lease of the property or contracting with others for operation of the facility. GO:rg HEARING CERTIFICATION DOCKhW 48 RE: USE BY SPECIAL REVIEW, DOG KENNEL IN A-AGRICULTURAL ZONE DISTRICT, RICHARD AND DEBORAH ZUBKO A public hearing was conducted on May 11 , 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chairman, Excused John Martin Pro Tern Gene Brantner Commissioner Norman Carlson Commissioner Jacqueline Johnson Commissioner Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated April 25, 1983, duly published on April 28, 1983, in the La Salle Leader, a public hearing was conducted for the purpose of considering a Use by Special Review for a dog kennel in an A-Agricultural Zone District for Richard and Deborah Zubko. Lee D. Morrison, Assistant County Attorney, read the application into the record. Rod Allison, representing the Planning Department, read the recommendation of the Weld County Planning Commis- sion into the record. Mr. Morrison stated it should be made clear that the motion which was made was for passage with the conditions as stated, that motion did fail, so the recommendation is against approval. He said the Board could consider the conditions suggested by the Planning Commission, but the official recommendation is for denial. Wayne Kaufman, attorney representing the Zubkos, gave a brief presentation on behalf of the Zubkos. He commented on the dogs which are presently on a one acre of land owned by the applicants. He said all but one dog have been de-barked and are kept inside of a six-foot privacy fence which is in the process of being completed. He said the dogs are a hobby dog, strictly for the purpose of show. Mr. Kaufman presented pictures of dogs and fence to the Board. Mr. Morrison asked if pictures are available for the record. Mrs. Zubko said identical copies would be made for the record. Mr. Kaufman commented on the concerns about setting a precedent and about property values going down. He said that they are not requesting that the permit be given to the land, so if the Zubkos would leave the area, this property would no longer have the permit and they have no intention of expanding. Commissioner Brantner asked if protective covenants have anything to do with this hearing. Mr. Morrison said it has very little to do with it, the decision depends on impact on surrounding area. Mr. Kaufman presented more pictures to the Board and also letters from neighbors. Commissioner Johnson asked if it would be permissible to expand. Mr. Allison said 10 dogs on the property is the limit. Mr. Morrison said it could be in excess of 10 dogs if they are under 6 months, but then they must get rid of them. Kathleen Cowan, a neighbor, said she is concerned about setting a precedent, the houses are too close together. She said she has heard that others are already considering starting a kennel in the neighborhood. Jerry Murks came forward and said he is totally against this proposal and stated his reasons. William Cappelleti said he considers the neighborhood residential even though it is zoned Agricultural. He also is opposed. Leonard Lashaway said he is totally opposed to this pro- posal because of the noise and the property values. Keith Light is opposed because of the dogs barking and he feels that having 10 dogs means a business and not. a hobby. Kathy Lashaway voiced opposition because she fears that a precedent wil.L be set and others may apply for a dog kennel permit. Linda Marks stated that she too is opposed. Steve Hanson stated that he is in favor of granting this permit. He said the Zubkos have been there approximately 5 years and he doesn't see what the problem is now. Robert Hicks, real estate agent, said property values will not drop. He also is in favor of granting this permit. Deborah Zubko said that they probably do more for fly control than most people. She explained why the dogs are not kept in an enclosure. She said that they have their house listed for sale because if the Board denies their request, they will move. Commissioner Johnson asked if the dogs have been on this property for the past 5 years. Mrs. Zubko answered in the affirmative. Richard Zubko said they had never applied for a permit before because no one had ever complained before this. Commissioner Martin asked if any of the / f , Page 2 RE: Hearing Certification - USR, Zubko Standards bothered the applicants. They said no. Commissioner Brantner asked if the Health Department had been contacted. Mrs. Zubko said that requirements are waived for show dogs. Commissioner Johnson asked Mr. Morrison if granting this permit would make it easier to grant another in the future. Mr. Morrison said that this Board is not bound as a Court of Law might be to rule the same under similar facts. He said the granting of this permit would not mean that anyone else who applies, ftom that area, would be granted a permit. However, what actually is on the ground in the area, does enter into any future decisions. The existence of a kennel determines the nature of the neighborhood if someone else applies for another kennel. It does have some impact on future deliberations. Mr. Cappelleti came forward and identified where neighbors are located on map in relation to applicants. Mr. Allison addressed the Board and said that there is criteria established in the Zoning Ordinance to help guide the Commissioners in their decision. He said that the part pertaining to this application is whether or not the applicants have demonstrated that their use, if permitted, would be compatible with the existing surrounding land uses and whether it would be compatible with the future uses and also that there is adequate provision for protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. Commissioner Brantner read addresses of adjacent neighbors into the record. After further comments, Commissioner Johnson moved to continue this matter until May 18th to allow her time to visit area involved. This motion died for lack of a second. Commissioner N. Carlson moved to grant this application with conditions. This motion died for lack of a second. Commissioner Brantner moved to deny application. This motion also died for lack of a second. Commissioner Johnson again moved to continue this hearing to May 18, 1983. Commissioner Brantner seconded the motion. Commissioner N. Carlson said he had problems with the fact that this kennel had been there for 4%5 years with no complaints. The motion carried unanimously. Commis- sioner Martin said that no additional testimony would be accepted unless it was something new. Mr. Morrison said that this should be part of the Board's action if this is so desired. Commissioner Johnson then moved that TAPE no additional testimony be accepted, except for new evidence. The motion CHANGE was seconded by Commissioner Brantner and it carried unanimously. #83-45 APPROVED: it ,,.fe+�wle�..� BOARD OF COUNTY COMMISSIONERS Al'IEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Chuck Carlson Deputy County Clerk Jo . Martin, Pro-Tem e R. Brantner et Norman Carlson Ja.. ell e Jo so TAPE #83-43; #83-44 and #83-45 DOCKET #83-26 LHR 2170 DAY FILE: May 18, 1983 HEARING CERTIFICATION DOCKET #83-26 RE: USR, DOG KENNEL IN THE "A" (AGRICULTURAL ZONE DISTRICT) , RICHARD & DEBORAH ZUBKO (Before this Hearing began the Chairman Pro-Tem explained that because only 4 Commissioners are present the applicant may request a continuance.) A public hearing was conducted on May 18 , 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chairman, Excused John Martin Pro Tem Gene Brantnrr Counissioner Norman Carlson Commissioner Jacqueline Johnson Commissioner Also present: . Acting Clerk to the Board, Tommie Antuna 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 April 25, 1983, and duly published April 28, 1983 in the La Salle Leader, a public hearing was held on the 11th day of May, 1983, and continued to the 18th day of Hay, 1983. This Hearing was continued in order that the Commissioners might physically TAPE inspect the premises. This Hearing is for a Use by Special Review, dog kennel CHANGE in the "A" - Agricultural Zone District, Richard & Deborah Zubko. Wayne #83-52 Kaufman, attorney representing the applicants, was present. The Zubkos were also present. The Chairman Pro-Tem asked if there was any new evidence to be presented at this Hearing. Jerry Murks came forward and presented a letter • and pictures to the Board. He said the letter was concerning an incident which had occurred since the last hearing. Mr. Kaufman voiced an objection to the letter being submitted. Mr. Anson, Assistant County Attorney, asked why the pictures had not been presented at the last Hearing. Mr. Murks said that they had not been developed in time. Mr. Anson said that the letter was actually . a Sheriff's report and he wasn't sure of its relevance. Commissioner Johnson said she and Commissioner Brantner had toured the property in question. She said she questioned the fact that the Zubkos have had these dogs for a number of years and yet no complaint had been made earlier. Commissioner Johnson moved to approve the Use by Special Review with the Standards as recommended. Commissioner N. Carlson seconded the motion. After further discussion, the motion was approved by the following vote: Commissioners Martin, Johnson and N. Carlson voted yea. Commissioner Brantner voted nay. APPROVED: 'I'? BOARD OF COUNTY COMMISSIONERS A t.ST �11' : /7 WELD COUNTY, COLORADO a.. F; Weld County Clerk and Recorder EXCUSED and Clerk to the Board Chuck Carlson, Chairman By: 4 -�-` `� �!`- �U % �OS �i Deputy County Clerk J T. Martin, Pro-Tem 24ka rt Ggiti44.1. 14A-- Gene R. Brantner TAPE #83-51 & #83-52 Norman Carlson DOCKET #83-26 \ ` LHR 2170 J. • e e Jo o DAY FILE: May 25, 1983 A T T E N D A N C E RECORD TODAY' S HEARINGS ARE AS FOLLOWS : DOCKET # ir5 - i •- --A- -cL �r. ; f,Th 4. -T`'`-''--4a_ - CL P DOCKET # b l• -'4 1- - ,eAz-,_- - -1-' — ., . Cr - DOCKET # $3 -:'7 - -,(-u.,,,_ L s/2. s+ ga -a6.-u_g2 ..PLEASE write or print legibly your • name, address and the DOC # (as =.i_��:ci above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING !_ _ 1.\c-r.•(-•'. \ . .C- i ._ , I c,_.- ,_ '-.-,`fit_ (1":. % .In I-NN �. i-j f/ i �?�c- -1 -7 f%/j%ri-c :_ Jam. fC t ,.7-� ./` ►� � -• i�l.f �>f (tom' f 1• 7f_ j' /A. J. '!./ ?l:. • ,� / f ` . . - • /, J �'i .'�3'� f r .ti 'I .."'j ( ) t).' ",E' .- f�6i I'I= ,-.(:(1. 5.-.'- -.f / ,./.;%. . . • :t.,--... . );_.../•:�. !'.1(..;::!--7-ii/.-.44(2 �,•,•'a �l !• y / /,''�X4.'17�v.i,.'i 7/Li A: ` � . .- al p 1 I , 1. •— — ) J ' - '"' ‘%;r— ,�!'C•i,_,✓ \ `.c ~c—'*5—* -' . ..t, 6. /7 /. . . f ) ATTENDANCE RECORD TODAY ' S HEARINGS ARE ASFOLLOWS : Lint. 11 DOCKET # Ju , DOCKET # / 0 Ly ' ,* DOCKET # p4 s - a t,-,, 4.--y H7 3n— j b� iL e 4 , J,"L4 ii.. ,G t. 0 } - 5 Sl£m_ lie-----,-'�- P-^1 '> _Z-:.ti.v.-1.-w—, cif 4,--,,-,12-1 C.0 y 5tkP `!. 4 `/. ..).-/.44 �tn--,-ri, ULc_a-, o-:2-e_E ,, . xc . PLEASE write or print legibly your name, address and the LOC ,'. (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ?/�- (e : �lf/7/rill a C CC G S �� hie 5/ a.5 err ✓(0 49r eVe i A - 2 \ _ 14,t g5q .,k chi ex (.41 CL CAA RA � .7 / '3, SkLiC 1611 v c;.5ur4e { I \! j ..,?(,O aoc 4 ow4 sH mk.),a y 9(001 S;Ea�2y 15nr iii. f ,-.---0 4"7 Kc,i.v c I_ d kw L>.sfY U o 9/Do! 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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. 83-26 APPLICANT Richard & Deborah Zubko 9452 Sierra Vista Road Longmont, CO 80501 DATE: May 11, 1983 TIME: 2:00 P.M. REQUEST: Use By Special Review - Dog Kennel in the "A" (Agriculture Zone District) LEGAL DESCRIPTION Lot 5, Block 4, Casa Grande Estates, 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, Deputy DATED: April 25, 1983 PUBLISHED: April 28, 1983 in the La Salle Leader A n._n A VI T OF PUBLICA noisy. FARMER AND MINER County of Weld ) State of Colorado ) ss L Roger L . Morris do solemnly swear that THE FARMER AND MINER is a weekly - - • NOTICE newspaper which ispublished in the County of Weld, State of .PurwmtbMa loads Ssof the State m Celonao 0wandAhe Weed Coeds Zoning Colorado, and which has eneral circulation therein; that saMPM 0 headed WE be Mild id In g Ordinance,the enbereoi he Board al(build has beenpublished continuously and uniterruptedly in do,Weld cCommissioners Preens l CentWed- newspaperr.Ms p Y co,mid MidC Center.Ms said County of Weld for a period of more than fifty-two consecutive N • at n ,Mg1Q,, d ,;; the Manner weeks next prior to the first publication of the annexed legal notice IntimatedIn 1N.SUmdy Eger Review are requested to Mena and any be or advertisement; that said newspaper has been admitted to the BE BE IT ALSO KNOWN mat the tent end United Sates mails as second-class matter under the provisions Plan- ninge the of the Act of March 3, 1879, or any amendments thereto, and that office of the CNdte the load at Souls CommMMoners. boated In the WW1 said newspaper is a weekly newspaper duly qualified for pub- count/ Dentennw Dent«, 115 UM Ti IKC P3R.OriMny.Cobrrb.. lishing legal notices and advertisements within the meaning of D0ifiH° - APPLICANT the laws of the State.of Colorado. Waanw 6 Deborah Zubko • Old e Maismont Vista , That the annexed legal notice or advertisement was published DATBrwy N.t6Ae ONE:P:0C P.M. REQUEST:Use Sy BWoW Nile*-Dog in the regular and entire editions of saidxrkiMnewspaper once each Keene, 00 l��""'� Auau^te!net». 1 adeo. iwajos, week on the same day of each week for the period oflidos 0fccAmacoed MNTY, W consecutive insertions; and that the first publication of said notice ELDDDD WbC�K TNEOpiw EY:ISM.Paow.C dy,- DATED:AarIl25,IW0 was in the issue of said newspaper dated May 12 Published In the Farmer and Minas May 1E,1MD 19..,B.3., and that the last publication of said notice was in the issue of said newspaper datedj 12 1983 A i S t a n t Business Manager Subscribed and sworn to before me this 1 2 t h day of May 19 .33 My Commission Expires . ' Public FEE FEE $ 10 . 11 Ak ryP My COMMISSION EXPIRES �� Y \1,-. n!CEM6fN 26. 1985 I 7 17 - 1:h AVENUE n1 I t GNOMON T • COLORADO 80504 3-1300-02 Affidavit of Publication STATE OF COLORACO. ss. County of Weld. 3 if. .K—_Y-2n-st0,._ .r Ti , _q.y t a; of said County of Weld tnna duly-sworn. lay that. - I am publisher of that the same is a weekly newspaper of gene al .� > 411 ct.:ulatton 1pnntedn and published in the town of + .G.- 4 - in said county and sic sta a that the notice cr adver tisement. of which the annexed is a true :opy. ilLS WK Noe NN test has been published in sac weekly newspaper ipso RM ty NU WMA MMIpAtM A '7 lll late �eleen sael y for / .__caner:nve se OW* « Comte weeks: that the notice was puciished in the Iel aHleII N/M f1slA regular and enure issue al every number of said Caster,elf IMb newspaper during the period and ume of publ:- ' Third ice.er T'Cale—cation of said nonce cnd in the newspaper proper and not in a supplement thereat: ghat the *COUT MO.ease first publication of said nice wns contained in APPLICANT the issue of sa;ygewspaper beam= date. the Rnan'b&Osieeap DANAQ' )) 14ft1w'R VNN1bN sue+. dog of • L,o Jl. 1 AC,. Lr.,_j GM1u1M sew th t.CO w and :he last pubitrauen rrer:ol. e,issue at ors}.May 11,1147 saidtywapepe: beanrq data the 1a day ct war*P.M [ itch-. 11 19 1.3 "hat the seta y 7eew 4/)ilile Nirlail- 'A"(Review has been published continuously and unmterrlpt" UMW MA1S,* edly during the period at at least 4ftyawe cot." secuttve weeks nett prior to the first issue thereof Oaude cantalninq said notice or cave a cement ahoy referred for and that said newspaper was at the V tine of each of the publications at said notice duly qualified for that purpose with:n the mean ing of an ant, entitled. "An Act Concerning Lege: tV 1U *sTttN Notices, Advertisements cnd Pualia.ancns. and CLINIC AND the Fees at Printers end Publishers thereof. and p. to Repeal all Acts and Parts of Acts in Conflict IITi�sss�{ss with the Provisions of this Act" approved April 7 -'"t?""" i' M 1921, and all cmendnenta thereof, and panty- 04101.10.0191 lip. lady as trended by an act approved. March 30. Palm led Re NN Le YIN Larder 1923, and3yaa approved M/.{9. 1931. .mRwes,,Sera la, 1147. ( 1 /�- y) . .L t!L‘E , ?u-mho Subscribeaylnd sworn to before me this ._.1 day t 1:112 _.mil-63.1.,4.4-,_:Zile, jI4,._.� My car--issian J expires —..1�_.6:. / GG Notary Public . l GkL:E—E'Y, CC) 81)631 AFFIDAVIT OF PUBLICATION L.ONGMONT DAILY TIMES-CALL State of Colorado County of Boulder ) ss I Roger L. Morris do solemnly swear that the LONGMONT DAILY TIMES-CALL is a a daily newspaper printed, in whole or in part, and published in the City of Longmont, Cou:aty of Boulder, State of Colorado, nraodiet+s�"ax»pats ttiorte and which has general circulation therein and in parts of Boulder and Weld Counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months • next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to theme y , s United States mails as second-class matter under the provisions w'°" "°' of the 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 ' Apses . �Ouow4.!.ntaaw' of the State of Colorado; that copies of each number of said r eci newspaper, in which said notice or advertisement was published, DATIL Marl. wenn_,. were transmitted by mail or carrier to each of the subscribers heron wR,v.1WNwr«'taE Ifmmlin a.•' ,� Law Olr of said newspaper, according to the accustomed mode of business eu Atrineuviott. in this office. IlN° °"'("a Ente. OEowy ca�nw vcow ry That the annexed legal notice or advertisement was published = `" Ma=wEasaeun r """4+�ue nw P�Df in the regular and entire editions of said daily newspaper �AP4lex0 *MCL TO !WO tY;ENUM Fow,.p»aq M411'111(0,wt 0kVNIX*0(=IX X[X%))260,430-K"Mk for the period of 1 Pub tent �' consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated ...hlay....7.., 19 83 and that the last publication of said notice was in the issue of said newspaper dated MY 7 ' 19 83 sststant Business Manager II Subscribed and sworn to before me this 7th day of Max 19...8,3 My Commission Expires �Nptar Y rc FEE 8 10. 11 1-1300-02 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date April 19._ 1983 Case No. USR # 549.83.12 APPLICATION OF Richard and Deborah Zubko ADDRESS 9452 Sierra Vista Road, Longmont, Colorado 80501 Moved by Fred Otis 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 Dog Kennel in the "A" (Agriculture Zone Dist. located on the following described property in Weld County, Colorado, to-wit: Lot 5, Block 4, Casa Grande Estates, Weld County, Colorado be recommended (favorably) (xEcmpsD,5124) to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application require- ments 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 in that the use does not infringe on continued agricultural use in :he vicinity or County. The proposal does not encour- age urban use to expand in a rural area; - The proposal is consistent with the intent of the Agricultural Zone District; and is provided for as a Use by Special Review; Motion seconded by Ed Reichert Vote: For Passage Ed Reichert Against Passage Fred Otis Bob Ehrlich Jack Holman Wilbur Wafel Bill Diehl Jerry Kiefer The Chairman declared the Resolution 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 April 19. 1983 and recorded in Book No. VIII _ of the proceedings of the said Planning Commission. Dated the 21 day of April , 19 83. Qe n . Secretary USR-549:83:12 Richard and Deborah Zubko A Dog Breeding Facility and Kennel Lot 5, Block 4, Casa Grande Estates Approximately one (1) mile northeast of Firestone April 19, 1983 Page 2 - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as the projected development in the future. The future uses will be of rural residential and an agricultural nature. The intended proposal will not have significant traffic or noise impacts; - No Overlay 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 Planning Commission recommendation is conditional and based upon the following: 1. The attached Standards for Use by Special Review be adopted. 2. The plat for the use permit be placed of record by the Depart- ment of Planning Services staff prior to any building permits being issued on the site. GO:rg ADDITIONAL COMMENTS USR-549:83::L2 Richard and Deborah Zubko 1. The Tri-Area Planning Commission found that this request does not comply with their Comprehensive Plan. 2. One property owner within 500 feet of the proposed site has submitted a letter of objection to this request. GO:rg COMMENTS: Fred Otis wished to comment that even though he made the motion he does not intend to vote for the motion. The only reason he desired to make the motion was because if it should happen to pass he wanted the additional items covered that he amended into the Development Standards. It is obvious to him that these applicants are fervent in their desire to have this approved and he is very sympathetic with that. They have demonstrated that they have "put their money where their mouth is" in terms of showing the Planning Commission that they are interested in making their neighbors happy and getting along with their neighbors by putting up a thousand dollar fence over the week-end, but he personally would not want to live across the street from ten dogs, even if they have been debarked. It is his feeling it affects the integrity of a residential neighborhood. These are the reasons he intends to vote against approval of this case. Date: Ap 19, 1983 CASE NUMBER: USR-549:83:12 NAME: Richard and Deborah Zubko REQUEST: A Dog Breeding Facility and Kennel LEGAL DESCRIPTION:-Lot 5, Block 4, Casa Grande Estates LOCATION: Approximately one (1) mile northeast of Firestone THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application require- ments of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff 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 in that the use does not infringe on continued agricultural use in the vicinity. or County. The proposal does not encour- age urban use to expand in a rural area; - The proposal is consistent with the intent of the Agricultural Zone District; and is provided for as a Use by Special Review; - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as the projected development in the future. The future uses will be of rural residential and an agricultural nature. The intended proposal will not have significant traffic or noise impacts; - No Overlay 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 Department of Planning Services staff recommendation is conditional and based upon the following: 1. The attached Standards for Use by Special Review be adopted. 2. The plat for the use permit be placed of record by the Depart- ment of Planning Services staff prior to any building permits being issued on the site. GO:rg RICHARD AND DEBORAH ZUBKO USR-549:83:12 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 fifteen (:L5) dogs. 2. The dog breeding facility and kennel shall comply with all applic- able Weld County Health Department and Colorado State Health Depart- ment regulations. 3. A six (6) foot wooden privacy fence shall be constructed surround- ing the kennel in order to screen the kennel from the adjoining lots. 4. Design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance shall be complied with. 5. Operations Standards for Uses by Special Review, Section 2L.6 et seq. of the Weld County Zoning Ordinance shall be complied with. 6. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applic- able 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. 7. 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. GO:rg ADDITIONAL COMMENTS USR-549:83:12 Richard and Deborah Zubko 1. The Tri-Area Planning Commission found that this request does not comply with their Comprehensive Plan. 2. One property owner within 500 feet of the proposed site has submitted a letter of objection to this request. GO:rg FIELD CHECK FILING NUMBER: USR-549:83:12 DATE OF INSPECTION: April 13, 1983 NAME: Richard and Deborah Zubko REQUEST: Dog Kennel LEGAL DESCRIPTION: Part of the Wz NE4, Section 17, T2N, R67W of the 6th P.M. LAND USE: N Street and residence E Lot and residence S Pasture and residence W Residence ZONING: N Agriculture LOCATION: 9452 Sierra Vista Road E Agriculture Weld County Roads 15 and 22 S Agriculture W Agriculture COMMENTS: Access to the property is from Sierra Vista Road, a gravel road. There is a home located on the lot. The dog kennel area is located toward the back of the home on the southeast side of the lot. The kennel area is fenced. The floor is covered with a gravel base. There is no landscaping between the kennel and the home to the east. The applicants are in the process of putting up a privacy fence. BY: d Allison, Current Planner II RA:rg APPLICATION , USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number use-5-99;33: /l Date Received 2 '-23- 2'3 Application Checked by Application Fee 1 /5-5-, 00 Receipt Number 127 /7 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: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Section T N, R W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: &U1/t AUal%y Section /-7 T a N, R 67 w Casa 6/o-aG2- Property Address ( ' f available) 9' i. Sic,e/2,� 44; s67;9_ , G,✓icirle e,-7 PRESENT ZONE_ / OVERLAY ZONES A . TOTAL ACREAGE_ . — am PROPOSED LAND USE l / c_.;11/ J.y / A L. / /<1-A/A/ F L, EXISTING LAND USE ( S c/G> ,c /7J 7-//9-2- SURFACE!(FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: R; krrrj � 1l k I ikl 7.a 1i)C 0 Address: 9494I5rra V;04. e,a City 4chG mnnr1 c.k Zip £G' cc,/ Home Telephone # / s q-6 ) S Stsiness Telephone # y y-gp;3 Name: Dehrrnh. Ann ,2i.th/<o Address: R'f o .5 crrc. v'isfa ,cEcl City .LOn4 den"it Ce% Zip ye 5-o/ Home Telephone # [• TY�/ 3/ S usinesd Telephone # 07 q-/7J y 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: Name: Address: • City Zip 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 {J C STATE OFCOLORADO /r-c.{4 �fi " Sigt/TJ/at\ure: Owner r Autho ed Agent Subscrthed and sworn to before me this z3 day of 3*1.].a".y.,A 19 % SEAL C.V.a.".lo. ©p0� N ARY PUBLIC\ My commission expires Il ( / •C 0 19,E row) _ r -<, ---- . .4 O-art- - rA.p. .47vtZ--ttAfr 41 iii'LA 47 ArCAJI CL)-¢- -44.7-tread ..t- ,tee- -A-r /a der a cj.e-tt o' - -,•-eP . _ (4JU L ato ad ✓tgae ia wZecP..Q.h,.p.� 0.,_ J c-e÷ J 7 io2 ' ..e is avit//.��7 Ova._ _ YQa- etc, 0.11- /�' ./�cc� .vy. at -e-auccie_ � =A . p tc ,)izcr a A "., ./e'-d 0I A-wr% . It to-o-- 3 .2rivrtlo eS..- ✓S�.,G".* II � Uq Gam!" (;iF2i��eixt,r. - . / L zee ,an,r vvza-i, CASE SUMMARY SHEET Case Number: USR-549:83:12 Size of Parcel: One acre, more or less Request : A Use by Special Review Permit in the "A" (Agricultural) Zone District for a dog kennel Staff Member to Contact: Rod Allison or Greg Oxenfeld Possible Issues Summarized from Application Materials: 1. The Tri-Area Planning Commission has recommended that this proposal be denied. 2. The Department of Planning Services staff has received letters and phone calls objecting to this proposal. 3. Presently there are no dog kennels with a Use by Special Review permit in Casa Grande Estates. RA:CO:rg 4O . ...- . nre ; [ i r—ii-C t _ ,._. 2-t -" : .J . .. - . \ . 3r. 7 u ,. i .•F. r• ,✓ . �• - .• f- .: k� tl��zr� a . ..• � E _• 'D..• ,. . ..its_ 4',6, ' � • ---ii •,\� Lpt._.°• • O 4- �• p' J6 . •e.,,-- -"e-1.--�..Q=.¢`.. +.. . . • )i� ': a 07 F ' rl \. ¢I. 34 I�I �/ .•q•9 .c.o ••.1j a. . ;•' _ ,4`' Jf 1. .q ^4:i '•,, a• 32 —it -� ••I Na: �� w �� L 3N. • I\ . Qj ` 1 • •/.t I I: • .. �O. �,. : �' 1 I ic _` ❑ ill..' •II 1 Ir • •o ' • "ti GFp.1e� I�� 1 I MMMM •�7.1 y • .°rr:a?0 " , 'o• • i wi:.w • • en,▪ .t. • , 28 R4L: ap :ttd �/il •c• • ,!_ • RAF — - �� Y °0. 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I „, �t._�,( ' ` W^ Xy y I� d.y� q./... :, .. 0. tw (, Y iii. i k r .,ii •^t ; 1SeS . 1 S�i .1•di. •ate _ �1 J �4 :d .. .: LK V L�� t », a' • „• "� rIliJ -`ar.t.rr.�—' r n 4• y . 1 51k ort - O1: .,,4r__.,,—..J"" v "g �}. �{. �l'i. . Y *`,MFyT,,_ *� y sue. lwY y „ ,,{y�1'',�' }V 411rn'��" t '. y "e ,� / .M. .- t 1 at••q.. �, S. q .Y S! - "t 'i. - • t y . .r y t L J � Y PM 1 . u. �•:t000 1 �f,_� mEmORAnDUm WilkT Greg Oxenfeld, Current Planner Date April 11, 1983 COLORADO F,.om Ronald K. Stow, Environmental Health Services r), / 4rl' Zubko/USR-549:83:11 Subject: Our comments are as follows: 1. Must obtain a kennel permit from the Colorado Department of Health. Epidemiology and Zoonoses Division, 4210 E. 11th Avenue, Denver, Colo. 2. Our Department will then be required to make periodic inspections per the kennel regulations. RKS/gm \. C,„,,,,„woo,aio,„,,,,„woo,t •field Co. MOM C O-4.t/E. o X&r�/r,I2/� C�c. i4„ ( i Lltrc' a ` _. tAssaal Atrill-lzeriajtchria-4 l vii r�YL2 Cis - )A-R �Jt 4 d"zL ..2.-„,„:„.„ C _- ( _ --- ,--( L L L { L r � -TH_ CENTRAL WELD COUNTY WATER DISTRICT 2235 2nd. Avenue DALE D. OLHAUSEN PHONE 13O3) 352-1284 GREELEY. COLORADO 8O631 )�( MANA6 EFi January 18, 1983 Mr. & Mrs. Ricjard Zubko 9452 Sierra Vista Road Longmont, Colorado 80501 RE: Water Service Dear Mr. & Mrs. Zubko, This letter is in response to your request for the availability of additional water service for the following described propert: Lot 3, Block 4, Casa Grande Estates located in Section 17, Township 2 North, Range 67 West of the 6th P.M, Weld County, Colorado. Water service is presently available to the above described property by tap number 1100 . Additional water service can__ be made available to this property provided all requirements of the District are satisfied. Central held County Water District requires that contracts be con- sumated within one year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT Dale D. Olhausen Manager DDO/sb D_ :oh 28tt. , 1983 Mr. Commissioner: I would like to object to Richard and Deborah Zubho for having a dog kennel so close to my home. In the summer, the flys are really bad and the smell is really intolerable. For one reason they can- not wash their so called kennels because they are outside with gravel on the ground instead of concrete floors which can be washed, so the dog droppings stay in the gravel creating a health hazard for the neighborhood. The dogs bark at night and when you have several they make quite a bit of noise when people are trying to sleep. Their kennels have a tarp top with gravel on the floor and not at all sanit=ary. I don' t think they should be allowed to have a dog kennel in a residential neighborhood. Any help would be most appreciative by me and my neighbors for having the smell, noise, flys and ect. cleaned up in this section of Casa Grande Estates. I would also like to object to Mr. Mrs. Hicks for having a dog kennel. I don' t want this same problem closer to our home than it already is. Thank You ascii/1, 1)C O51- 2 1 ;:li il—c)i �1 \ \1A1123 1983 ��, e�, .�lam B/m. . Weld Co. Planning Commission • r MAILING LIST USR 549:83:11 Marcia and Terry Lierman Darrell and Donna Uhrig 9422 Sierra Vista Road 9385 Weld County Road 15 Longmont, CO 80501 Longmont, CO 80501 Robert and Karen Hicks S.A. and Glenda Slatkin 9482 Sierra Vista Road 9385 Weld County Road 15 Longmont, CO 80501 Longmont, CO 80501 • Donald and Cindy Lewis Germain Investment Company 9421 Sierra Vista Road 910 15th Street Longmont, CO 80501 Denver, CO 80202 Michael and Carol Slusher 9522 Sierra Vista Road Longmont, CO 80501 John and Karen Mauck 9340 Weld County Road 26 Ft. Lupton, CO 80621 William and Linda Cappalletti 9461 Sierra Vista Road Longmont, CO 80501 Jerry and Linda Marks 9501 Sierra Vista Road Longmont, CO 80501 James and Beverly Colman 7033 Sioux Ct. Longmont, CO 80501 Mansel and Lyla Spencer 7103 Sioux Ct. Longmont, CO 80501 Gordon and Patricia Brigham 9361 Apache Road Longmont, CO 80501 Cole and Mildred Kugel 420 Longview Ct. Longmont, CO 805C1 _ IIMAL HOSPITAL 1250 N. MAIN STREET LONGMONT, COLORADO 80501 PHONE 776-3454 DONALD P.DREVER,D.V.M. LYNN D. FERGUSON,D.V.M. RONALD B.MANNIS,D.V.M. ALICE MCFARLAND,O.V.M. December 30, 1982 :._- ' ra i rs..z,+a' ue c rpYu•�. : v x To Whom It May Concern: We have been doing the medical work on Debbie Zubko's dogs for quite sometime now. She seems to take good care of her dogs as they all appear in good health, have good hair coats and maintain the proper weight. She has also had them all debarked to control noise pollution in the area where she lives. I believe that if granted a kennel license it would be a well-run kennel. Sincer •ely, /9 Si Ronald B. Mannis, D,V,M, .{ bdr • .�+ ryyy..+*:c+y•�'i�}+£YT�k's"t "t -W�.t3'�,l' � '+Y �aS,!*A"X�' ANIMAL HOSPITAL 1250 N.MAIN STREET LONGMONT, COLORADO 80501 PHONE 776-3454 DONALD P.DREYER,D.V.M. LYNN D.FERGUSON,D.V.M. RONALD B.MANNIS,D.V.M. ALICE McFARLAND,D.V.M. April 19, 19E3 To Whom It May Concern: This is to certify that we have debarked two '(almutes by the nones of Str'.ner and rainbow, belonging to Debbie Zubko, 9452 Sierra Vista ^d. , Longmont, Colorado. 41/23,14A /11/97 F.orald B. >?annis, . DV,' , bdr • 6g`.' "L f' * ' 'Y, A`X4F,dgi.k,+k».:044!i? 9592 Sierra Vista Rd . Longmont , Colo 80501 April 19, 1983 County Planning Commission Weld County Greeley, Colorado Gentlemen: This letter is written to express my opposition of allowing Richard and Debra Zubko to set up a dog kennel on their property. My objections are listed below: 1. They are already in violation of the existing code which allows only four dogs. 2 . The kennels they now have are not kept up. 3. Although it has been stressed that the dogs cannot bark because of cut vocal cords , they can still whine and make noises that have kept the neighbors up some nights. ;. The property is not kept up as it is , and the addition of extra kennels would bring down the property values of the neighboring properties. 5 . The houses in this acreage are in close proximity to each other unlike other acreage areas where a kennel may be feasible , 6. The area is already inundated with loose dogs that are allowed to run at will; we don' t need more dogs in this area . I am unable to attend the hearing in person. I hope this letter will be sufficient . Thank you for your time and attention to this matter. Sincerely, efo app#‘73/31-93)--v--- A Kathleen A Cowan 9592 Sierra Vista Rd . Longmont , Colo 80501 PTARMIGAN kennels alaskan malamutes 44 3088 w. valley park larkspur,co 80118 (303) 681.2251 bob klnnon chuck mcwllllams (303) 778-7566 `�� //. /fez aCp // aheitz7 - fcz < r`�o24E-G.. �C�iGLNo r� Je- ti /tar, ti t / Y 7Z, i %Q.Eg_zt unt-ty d--Omr2-u ad2o,z a_iz,a_,J x'-62-62-V--- ^ 'r` t --tt' ,)4,01,1_)) 4 AA �o yrot� � '� 4- _t <_ t/u)o rvrzell DO r r.Q d Ca-0-6C tW 2J < ` PLC X2/L CC/YZ.G� GU�lc�Q i ± C_• C zte 9.11_11P ay-y_ ma_./ l,ro irc _ , . c 92A;) ,mom Pd a do c76 So/ . L. C Recorded ..etober 6, 1972 in Book G77 under reception Nu. 1599110 PROTECTIVE COVENANTS On the following described properly situated in the County of Weld and State of Colorado, to ait. That part of Section 17, Township 2 North, Range 67 West of the 6th P.M., known as Casagrande Estates Sub- division. KNOW ALL MEN BY THESE PRESENTS, THAT THE MILLER "640," A LIMITED PARTNERSHIP, legal owner of Lots 5, G. 7, Block IL; Lots 3, 4, 5, 6, 7, 5, 9, 10, 11. 12, 13, 14, 15, ]pi, 17, 18, 19, 20, 21, 22, 23, 24, Cluck 2: Lots 1. 2 Block 3: Lots 1, 2, 3. 4, 5, 6, Block 4 and Tracts A. 11, C, and I), Casagrande Estates Suhd ivisiu n: Cou r t squ care investment Co., a Colorado corporation, owner of Lots 1, 2, :1, Block 1 and Lots 1 and 2. Block 2, Casagrande Estates Subdivision; aunt Garold D. Kinzie and Vicki I. Kinzie, owners of Lot. 5, Block I, Casagrande Estates hereby declare, represent, agree, restrict and lovenaet that the n'.e, enjoyment and ownership of the above-described real property shall be and is hereby restricted, limited, conditioned and protected by tie imposition of the following restrictions and limitations, to-wit: 1. LAND USE: No part of the above described real property shall he occupied or used by any owner thereof for any use other than residential purposes. 2. BUILDING TYPE: Ni, building shall he erected, altered, placed or permitted to remain on any lot other than one single family dwelling not to exceed Iwo (2) stories in height and a private garage for not more than three (3) cars. The dwell- ing) must be completed within one (1) year of commencement of construction. 3. THE MINIMUM AREA OF DWELLINGS SHALL BE AS FOLLOWS: No one-story ("ranch-style") house shall he erected on any part of the above-described property unless the ground floor area thereof shall he a minimum of 912 square feet. In the ease of a structure of hi-level or two-story contraction, the ground level of said structure must have a minimum area of 964 square feet. In the caso of a streetnr.- or "split-level." "multi-level," or "tri-level" construction, the ground level (main level) and the upper level (or level immediately above the ground level in the case of a multi-level house) must have a total minimum area of ,912 square feet. Garages, basements, crawl spaces, an unenclosed or screened spaces such as porches, breeze- ways, or carports are excluded from the computation of such area. 4. BUILDING LOCATION: No dwelling structure shall be located on any site nearer than fifty j50) feet to the front site line. No dwelling structure shall be constructed on any site without the specific approval of the architectural control committee. 5. ARCHITECTURAL CONTROL COMMITTEE: No building shall be erected, placed. or altered on any site until the construction plans and specifications and a plan showing the location of the structure have been approved in writing by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing struc- tures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or al- tered on any site unless similarly approved. The Architectural Control Committee shall he composed of Janes H. Tull, Arthur E. Spence, and John W. Butcher, all of 1301 Spruce Street. Boulder, Colorado. A majority of the Committee may designate a representative to act for it. Is the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representatives shall he entitled to any compensation for services performed pursuant to this covenant. At any time after two years from the date of the recording of these covenants by the Weld County Clerk and Recorder, the then record owners of a majority of the lots shall have the power, through a duly recorded written instrument, to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers and duties. In the event the Committee or its representative fails to act in regard to plans and specifications submitted to it within 30 days after plans and specifications have been sub- mitted to it, or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof, ap- proval will not be required and the related covenants shall be deemed to have been fully complied with. 6. DWELLING MATERIALS: No residence shall be built of any kind of material that Is commonly known as "boxed" or "sheet metal" construction unless the same shall be covered over upon the outside walls with weatherboard, siding, brick, stone, or other equivalent veneer material. Any building placed, erected, or maintained upon any lot in the tract shall be entirely constructed thereon, and the same shall not, nor shall any part thereof, be moved or placed thereon from elsewhere: - If outbuildings are constructed, they will be constructed of a similar design and quality so as to be in conformity with the principal dwelling units located on the property. 7. TEMPORARY STRUCTURES: No structure of a temporary character such as a mobile home, trailer, shack. barn, or outbuilding shall be used as a permanent residence, except that a mobile home may be occupied on a temporary basis for a period not to exceed six months while a permanent dwelling is under construction and only if the builder occupies the mobile home while the permanent dwelling is under construction and provided that the occupant of the mobile home has obtained , a building permit from Weld County and has otherwise complied with Weld County rules, regulations and procedures re- garding occupancy of mobile homes for the purpose of building a permanent dwelling. 8. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything he done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9. SANITARY FACILITIES: Sanitary facilities shall he approved by local health authorities, and he within the dwelling except for outflow lines and leaching fields. Privies, outhouses, Chemical toilets, etc., are expressly prohibited. 10. AGRICULTURAL AND LIVESTOCK ACTIVITIES: Nurseries, greenhouses, and the grazing of livestock shall be per- mitted Novicki] offensive odors and dust are continua to the premises. The architectural control committee shall have the authority to recommend the installation of such procedures and equipment as may be necessary to fulfill the intentions of these covenants regarding odors and dust. All agricultural activities and any raising of livestock must lie incidental to, and a part of, the normal residential land use of the property and not be commercial in nature; sale of agricultural products and livestock shall be reslr'clei to incidental purposes. Commercial feed lots or yards are hereby expressly prohibited. Animal pens, stalls, cages. and enclosures shall he maintained on a regular basis to assure a neat and orderly appearance and a clean and health atmosphere. Animal enclosures shall be subject to the terms and conditions of paragraph G (Dwelling Materials) as herein provided. 11. NO TRAILERS, FARM MACHINERY OR MOTOR VEHICLES of any kind, including cars, trucks, tractors, motor- cycles, or the like, may be stored, junked or otherwise maintained in an idle or unworkable condition. Only those vehicles and machines of good running condtion which are currently licensed and registered are permitted. 12. NO LOT SHALL BE USED OR MAINTAINED AS A DUMPING GROUND for rubbish, trash, garbage, or any other form of solid. semi-solid, or liquid waste. Waste shall not be kept except in sanitary containers. All facilities for the storage or disposal of waste materials shall be kept in a clean and sanitary condition. 13. WHERE LIVESTOCK IS KEPT, animals and corrals must be sprayed to control insects. (Over) It EACH LOT MUST BE KEr'T IN NEAT APPEARANCE: Weeds must be kept cut on all grounds including grounds not used for lawns or gardens. 15. EASEMENTS RESERVED: Easements for installation and maintenance of utilities and drainage facilities are re- served as shown on the recorded plat. • 16. SIGNS: No sign of any kind shall be displayed to the public view on any part of the above-described property ex- cept one professional sign per dwelling of not more than 10 square feet in area, one sign of not more than 5 square feet adver- tising a dwelling for sale or rent, and signs used by a builder to advertise dwellings or a dwelling-during the construction and sales period. • 17. OIL AND MINING' ACTIVITIES: No oil drilling, oil development operations, oil refining, quarrying or mining opera- tions of any kind shall be permitted upon or in any lot. nor shall oil wells, tanks, tunnels, mineral excavations or shafts he permitted upon, in or under any lot No derrick or other structure designated for use in boring for oil or natural gas shall he erected, maintained, or permitted upon any lot. 18. TERM: The restrictions and limitations herein set forth are to constructed as covenants running with the land and shall be binding upon all parties and all persons claiming any part of the above described real property under said parties to these covenants for a period of twenty-five (25) years from date these presents are recorded in the Office of the County Clerk and Recorder of Weld County, Colorado. after which time they shall automatically be extended for successive periods of ten (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 the said County Clerk and Recorder agreeing to change said covenants in whole or In part. O19. ENFORCEMENT: The owner of owners of any of the above-described real property may enforce the restrictions and limitations herein set forth by proceeding at law or 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 at- 'tempted violation. 20. SEVERABILITY: Invalidation or modification of any one of these restrictions and limitations herein set forth by judgment, Court Order, State or County planning authority, or the like, shall in no way affect any of' the other provisions . which shall remain In full force and effect. 21. APPLICABILITY: Each paragraph of the restrictions and limitations as set forth herein shall apply to all lots or portions of lots contained within the exterior boundaries of Casagrande Estates. • 22. APPEARANCE OF LOTS: Each lot at all times shall he kept in a clean, sightly, and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber, or other building materials shall be permitted to remain exposed upon any lot so they are visible from any neighboring lot or streets except as necessary during the period of construction. In the event any structure is destroyed, either wholly or partially by fire or any other casualty, said structure shall be promptly rebuilt or '.remodeled to conform with these covenants; or if the structure is not to be rebuilt, all remaining portions of the structure, including the foundations and all debris, shall be promptly removed from the property. No elevated tanks of any kind shall be erected, placed, or permitted upon any part of said property. Any tanks used In connection with any residence constructed on said property, including tanks for storage of gas or oil, must be below ground. All types of refrigerating, cooling, or heating apparatus must be concealed. No garbage or trash cans or receptacles shall be maintained, in an exposed or unsightly manner. • • .• • • • 1 a/i 1 Jg3 i1 f,16_ . ion 1.,v-± it, tit41 .-IL4JMO e ..tide'— . J171 I a Ivi-Ck t0-tlt. , . -t. 4.d- - di 3 n1.,17,1 '1. W ,--1, vMt l,trt.C it 1 i� 2ilL ILC kt4 —. (,cJ � . L,. . t „ . j._ t1 c ,., -,,,,t, bt)kCu.n. .-,nA. i t,r,,,(,a.ic wzzA_i �-t4aL , L;,. st k' Inc j),,,,,t, . .., ,,,_,,s „..ko.,,,,L, ,,-A , v Thn n„..,,: il,,, ., ( ( l,4'l.l� .. hss-4 ,_,, ,.1. e, 0101-0n, fite,rrifrn, 44-1: u [Ann -o-n - (L 1 4 �z 10,,✓2 UI'u.{ ft,A � �t raj t LAA. D'i, ,1, i.l!1 O. 1 rl [,,n Clc'24 i/ n May 10, 1983 To Whom It May Concern: It has been brought to my attention that a resident of Casa Grande has applied for a Zoning Variation to install a Dog Kennel on his land. I also have noticed that the home and land is For Sale. It would appear to me that the zoning variation is solely commercial , sought only to enhance the salability and profit obtainable on the property, and I cannot understand how this person would have any concern or considera- tion for any inconveniences to the neighboring residents of Casa Grande by this actior , when they plan to sell and move. I therefore cannot believe their sincerity in stating any preventative measure to preclude this zoning variance from becoming a community liability and public nuisance. For these reasons I am opposed to the Board of County Commissioners granting this zoning variance request. SincerelyA /l< 7/17114 t 77.4' Richard B. Smith, Jr. Jean D. Smith 9892 Sierra Vista Rd. Casa Grande Beverly & Rick Skinner 9552 Sierra Vista Rd . Longmont , Co . 80501 May 5 , 1983 To Whom it May Concern : This letter is in regards to Mr . & Mrs . Zebcos ' having a kennel license . We would like you to know that we have no objections to them having the license as they take very good care of their animals and as of this date we (or anyone else in the neighborhood) have had absolutely no disturbances or trouble with their animals . Very truly yours , ar Beverly & Rick Skinner ep cle.0 c 64, U zits ° U YLti; 7636 Let° �� ) "S- 1\- (de flow cov 01- RC 1 o Zu skto - Saa.L \ W_ y- Prte-ono J `� v-A 5 1 CAW 't 1 ck& P we Pnrz S-c-bSk c..& ?i P l iv ►J Ott a.iC> G . C tH�lc_ I -S A CJ2 +� ✓ N 1�=� reQ C erva A..,& S kkou t& BC_ LO OS tcxe.`t & . A�r p c.�2 taa Q_ -1`^-1130 G UC St7o&7 S -1. 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