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HomeMy WebLinkAbout860455.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO USE BY SPECIAL REVIEW FOR A DOG :KENNEL - LEWIS WESLEY AND BARBARA J. CORNELL 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 7th day of May, 1986 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of _Lewis Wesley and Barbara J. Cornell, 1149 Weld County Road 33 3/4 , Brighton , Colorado 80601 , to amend a Use by Special Review for a dog kennel on the following described real estate, to-wit: Lot 11 , Block 2 , Jo Ann Subdivision; Part of the SEA, Section 26 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 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 appear to have any adverse impacts on the agricultural interests of the County or the environment. Oo? r, 'itc d7 860455 L � cc . Page 2 RE: AMEND USR - CORNELL 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 subject site is in a platted rural subdivision. The lot is 4. 5 acres in size. In consideration of the large lot size, the small number of dogs (i.e. , 18) , the applicants ' design and proposed operation of the facility, and the Operation Standards prepared by staff, it has been demonstrated that the proposal will be compatible with the existing surrounding rural residential uses as well as with the future development of the area. d. No overlay districts affect the site. e. Use by Special -Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application to amend a Use by Special Review for a dog kennel on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be ad-opted and placed on the Use by Special Review plat prior to recording. 2 . She applicant shall provide evidence that application has been made to the Colorado Division of Water Resources for a second well on said site from a non-tributary water source . _Reclassification of the existing well to domestic and livestock shall be deemed to have satisfied this Condition. 860455 Page 3 RE: AMEND USR - CORNELL The above and foregoing Resolution was, on motion duly made and -seconded, ad-opte-d by the following vote on the 7th day of May, A.D. , 7986 . n BOARD OF COUNTY COMMISSIONERS ATTEST: �l 1Lvi stm do�,_t;„ -WELD COUNTY, COLORADO Weld County Aerk and Recorder _ and Clerk to the ward Ja slued:' . . - -on Chairman 7 BY:, oJrws�i .: : acy Tern D puty County rk APPROVED AS TO FORM: G- e R. :Bra ' ner C >7-c .‘-_C C.W. Kirb ounty Attorney _/1 / Fran amag ha 860455 OPERATION STANDARDS Lewis Wesley and Barbara J. Cornell Amended USR - 596 : 83:59 1 . The permitted use shall be a dog kennel operation for a maximum of eighteen dogs as descri-bed in the application materials on file in the Weld County Department of Planning Services. 2. The Use by Special Review permit shall not be transferable by the applicant and/or owner to any successors; the Use _by Special Review permit shall terminate automatically upon conveyance or lease of the property with others for operation of the facility. 3. All phases of the kennel operation shall comply with all applicable County and State health standards and regulations. Buildings and grounds shall be kept clean, in good repair and free of trash. Animal waste shall be removed daily from the kennel area and stored in an enclosed container. The waste shall to removed on a weekly basis. 4 . All dogs shall be kept inside the kennel buildings from 10 : 00 p.m. until 6: 30 a.m. Dogs may be permitted outside between the hours of 6 : 30 a.m. to 10 : 00 p.m. 5. A six-foot wooden fence shall be constructed to enclose the dog kennel operation. 6 . Evergreen trees shall be planted and maintained at intervals of twenty feet around a six-tenth (6/10) acre section of land which included the Cornell improvements. The trees shall be planted along the south, west and north perimeter of this area as indicated on the Use by Special Review map on file in the _Department -of Planning Services Office. A minimum of forty-eight trees planted two rows deep shall constitute the required planting. 7 . The applicant shall comply with the design standards for the Use by Special Review, Section 24. 5 et seq. , of the Weld County Zoning Ordinance. 8 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 860455 Page 2 OPERATION STANDARDS - CORNELL 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site -at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated herein and all applicable Weld County regulations. 10 . The Use by Special Review area shall be limited to the plans shown herein and governed by the Standards as stated above and all applicable Weld County regulations. Any material deviations from the plane 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. 11 . 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. 860455 HEARING CERTIFICATION DOCKET NO. 86-23 RE: AMEND USE BY SPECIAL REVIEW FOR A DOG KENNEL - LEWIS WESLEY AND BARBARA J. CORNELL A public hearing was conducted on May 7, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated March 26, 1986, and duly published April 10, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Lewis Wesley and Barbara J. Cornell to amend their Use by Special Review for a dog kennel. This matter was made of record by Lee Morrison, Assistant County Attorney. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission, which heard the matter on October 2, 1984, into the record. She said the recommendation contained two Conditions and -eleven Development Standards. She also stated that Condition #2, providing that the applicant make application for a second well on the site, has been satisfied by the reclassification of the existing well to domestic and livestock. Barbara Cornell, one of the applicants, came forward to answer questions of the Board. Ms. de Besche reviewed the changes in the Development Standards between this Amended Use by Special Review and the original Use by Special Review. Three Development Standards have been eliminated in this proposal and discussion centered around these changes. Ms. de Besche also noted that an inspection made today revealed that the trees on the south, required by Development Standard #6, appear to be dead or dying. Commissioner Lacy moved to approve the Amended Use by Special Review requested by Lewis Wesley and Barbara J. Cornell, subject to the Conditions and Development Standards as proposed by the Planning Commission. Commissioner Kirby seconded the motion which carried unanimously. This Certification was -approved on the 12th day of May, 1986. APPROVED: / F.G,J BOARD OF COUNTY, C COMMISSIONERS ATTEST• �1 � Q,�,� WELD COUNTY, COL gADO Weld County Jerk and Recorder and Clerk to the Board J cque 'n Joh s n, Chairman • - D uty County Cler G. �'�' a y, P o- Gene R. rantne TAPE #86-34 C.F. K DOCKET #86-23 t ` PL0035 Frank Yamaguch / //O ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : MAY 7, 1986 DOCKET # 85-65 SHOW CAUSE, SUP #413 - PAUL & PEGGY PAGE DOCKET # 86-14 USR, OIL & GAS FACILITIES IN R-1 ZONE DISTRICT - ELK EXPLORATION, INC. DOCKET # 86-30 TRANSFER CERTIFICATION OF DESIGNATION - WASTE SERVICES, INC. DOCKET #86-23 AMEND USR, DOG KENNEL - LEWIS & BARBARA CORNELL PLEASE write or print legibly your - name, address and the DOC (as ted above) or the applicants name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING Tk z- 5 /rc✓Rc I z✓r "'At WAFT thre yv �2ed5 r2 3 O / 7 ry 3. ititotts 33L-I1 2 ..e ,L USR - ©i? -s Summary of the Weld County Planning Commission Meeting October 2, 1984 Page 4 CASE NUMBER: Amended USR-596:83:59 APPLICANT: Lewis W. and Barbara J. Cornell REQUEST: A Use by Special Review Permit for a Dog Kennel LEGAL DESCRIPTION: Lot 11, Block 2, JoAnn Subdivision; part of the SE%, Section 26, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile northwest of Lochbuie; north of Weld County Road 4 and west of Road 33-3/4 APPEARANCE: _ --arc Cornell, srooert: an �o^'__caa, _t . amendment co their original permit. Ihe use allowed under - irs pernic�__ strictly a hobby and not a commercial venture. Rod Allison explained the background of this case. There are some standards which were approved by the Board of County Commissi-oners that were complied with and some that were not. Therefore, she is required to come before the Planning Commission and the Board of County Commissioners again to request that the standards be approved in accordance with what was done. Tape 175 - Side 2 The Chairman asked Rod Allison to read the Operation Standards, as outlined by the Department of Planning Services staff, into the record. The Chairman asked Mrs. Cornell if she had any problems with the operation standards as outlined by the staff. She reported she had no problems with anything stated. Rod Allison explained the difference between the former operation standards and the new proposed operation standards. MOTION: Doug Graff moved Case Number Amended USR-596:83:59 from Lewis W. and Barbara J. Cornell for a Use by Special Review Permit for a Dog Kennel be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations of the Department of Planning Services staff and the testimony of the applicant. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. Bruce Barker reported this application is for an amendment to the original Use by Special Review Permit. If the request were denied the original permit would become invalid and the use would revert back to the original uses allowed by right in the agricultural zone district. • Summary of the Weld County Planning Commission Meeting October 2, 1984 Page 5 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - yes; Stephen Hamilton yes ; Paulette Weaver - Yes, because she does not see major noncompliance, but she does have trouble with dog kennels in residential areas. Doug Graff - yes; Lydia Dunbar - yes; Louis Rademacher - yes; Sharon Linhart No, because (1) the Lochbuie Planning Board has reviewed the application and recommended denial or rejection. They seen to be trying to make some improvements in this area, and the Planning Commission should try to honor their wishes; and (2) because she does not feel the applicant has demon- strated a concern and interest in complying with operation st-andards which were setup to protect the health, safety, and welfare of the neighborhood. Bob Ehrlich - yes. Motion carried with seven voting for the motion and one voting against the motion. ADDITIONAL BUSINESS: The Chairman appointed an ad hoc committee composed of Doug Graff, Sharon Linhart, and Jack Holman to work with the Department of Planning Services staff to study the Comprehensive Plan and make recommended changes back to the Planning Commission. The chairman of _this committee is to be appointed by the members of the committee. The meeting was adjourned at 2:50 p.m. Respectfully submitted, a Ota.tia, ca\ceA Bobbie Good Secretary rjg/ • • CF(3,._Itw CJ1 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE -BOARD OF COUNTY COMMISSIONERS Moved by Doug -Graff that the following resolution be introduced for 'passage by th-e Weld County Planning Commission. Be it Resolvelpb)' 4iQd County Planning Commission that the application for: CASE NUMBER: Amended USR-596:83:39 MAR 21 1936 NAME: Lewis Wesley and Barbara J. Cornell f`?DQ ADDRESS: 1149 Road 33 3/4, Brighton, CO 80601 aFIEELay, rag. REQUEST: Amend Use by Special Review Permit for a 5og Kennel - LEGAL _DESCRIPTION: tot 11, Black 2, Jo Ann Subdivision; Tart of the SEA, Section 26, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 -mile northwest of Lochbuie; north of Weld County Road 4. be recommended favorably to the -Board of County Commissioners for the following reasons: THE WELD COUNTY -PLANNING COMMISSION -RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3. 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 -appear to have any adverse impacts on the agricultural interests of the County or the environment; - The -Proposal is consistent with the intent of the Agricultural Zone _District and is provided for as a Use by Special Review; - The -subject site is in a platted rural subdivision. The lot is 4.5 acres in size. In consideration of the large lot size, the small number of dogs (i.e. , 18) , the applicants' design and proposed operation of the facility, and the operation standards prepared by staff, it has been demonstrated that the proposal will be compatible with the 'existing surrounding rural residential uses as well as with the future development of the area; - No overlay districts affect the site; and n • T;^ r- xnin,r Amended USR-596:83:59 Lewis Wesley and Barbara J. Cornell Amend Use by Special Review Permit fore Bog Kennel Lot 11, Block 2, Jo Ann Subdivision; Part of the -SE1/4, Section 26, T1N, R66W of the 6th P.M. , Weld County, Colorado October 2, 1984 Page 2 - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and Lounty. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by _Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. Prior -to scheduling Amended USR-596:83:59 before the Board of County Commissioners, the applicant shall provi-de evidence that application has been made to the Colorado Division of Water Resources for a second well on said site from a non-tributary water source. Motion seconded by: Lydia Dunbar Vote: For Passage Against Passage Jack Holman Sharon Linhart Stephen Hamilton Paulette Weaver Doug Graff Lydia Dunbar Louis Rademacher Bob Ehrlich The Chairman Beclared 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 October 2, 1984 and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 3rd day of October, 1984. Secretary \ {!l OPERATION STANDARDS Cornell Dog Kennel Amended U.S.R. — 596:83:59 1. The permitted use shall be a dog kennel operation for a maximum of eighteen (18) dogs as described in the application materials on file in the Weld County Department of Planning Services. 2. The Use by Special Review Permit shall not be transferable by the applicant and/or owner to any successors; the Use by Special Review Permit shall terminate automatically upon conveyance or lease of the property with others for operation of the facility. 3. All phases of the kennel operation shall comply with all applicable County and State health standards and regulations. Buildings and grounds shall be kept clean, in good repair and free of trash. Animal waste shall be removed daily from the kennel area and stored in an enclosed container. The waste shall be removed on a weekly basis. 4. All dogs shall be kept inside the kennel buildings from 10:00 p.m. until 6:30 a.m. Dogs may be permitted outside between the hours of 6:30 a.m. to 10:00 p.m. 5. A six (6) foot wooden fence shall be constructed to enclose the dog kennel operation. 6. Evergreen trees shall be planted and maintained at intervals of twenty (20) feet around a six-tenth (6/10) acre section of land which includes the Cornell improvements. The trees shall be planted along the south, west and north perimeter of this area as indicated on the Use by Special Review map on file in the Department of Planning Services office. A minimum of forty-eight (48) trees planted two (2) rows deep shall constitute the required planting. 7. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 8. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 10. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an ( ( amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11. The property owner and/or operator of this operation shall he 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. y'r-r ADDITIONAL COMMENTS Lewis Wesley and Barbara J. Cornell Amended USR-596:83:59 1. The Department of Planning Services has not received any objection to this application. 2. The Lochbuie Planning Board has recommended denial of this application because of the potential for future housing in that area. 3. Puppies up to the age of six (6) months are not counted as household pets. After six (6) months of age puppies will be counted as household pets. The applicants are aware that if this application is approved they must not exceed a maximum of eighteen (18) dogs on the site. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number 4272.1 97,(1 Submitted or Prepared Prior to Hearing At Hearing 1. Application -5 Pages 2. /() Application plat(s) / page(s) ✓ 3. DPS Referral Summary Sheet 4. PPS Recommendation ✓ 5. DPS Surrounding Propery Owner Mailing List ✓ 6. DPS Mineral Owners Mailing List 7. ✓, DPS Maps Prepared by Planning Technician 1//(/ 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. t yyj oC) ,rarity % keiette9/ 4.1 ,27/9e727/ 12. ,/ / 1 ///eta' A , dakof ✓ 13. /aon d ie; A� a�, / t', ✓ 14.„(ct�� c�21„:2: ' 6 /9 �� d` ' cL J /7/gfy 1✓ 15./UriI cU' L/ 16. 17. 18. 19. 20. I hereby certify that the /5 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on 0 192-62 . Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 21) — DAY OF ry.t.,,_eh 19% SEPL CS,NOTARY PUBLIC` �eNcA c. i I; :r ,Lxgis/7 • My Commission Expires Feb. 13, 1989 MY COMMISSION EXPIRES EXHIBIT INVENTORY CONTROL SHEET Case N .)Z - Exhibit Submitted By Exhibit Description // r4' (�d// 7 B. 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WRJ.5-Rev. 76 COLORADO DIVISION OF WATER RESOURCES RECEIVED 818 Centennial Bldg.,1313 Sherman St.,Denver,Colora�grSp2Bal1 ED URI 7(CI�C V GIJ ty0V28 1984 ///1�� PERMIT APPLICATION FORM DEC 20 1984 jAtER r(ESo0RCL5 of q W on1� - r'rmr-...,_ E ENGINEER -, 111l yyyyyyc�T^°—y,,T_y e e (7) A PERMIT TO USE GROUND WATER that IwaQI or IX) A PERMIT TO CONSTRUCT A WELL WATER RESOURCeS = �'l`pLO. e--- ,--- (X,ff in BLACK FOR: (x) A PERMIT TO INSTALL A PUMP STATE•ENGINEER INK.No overstrikes COLL or erasures unless - ( 1 REPLACEMENT FOR NO. _ initialed. r bUOTHER Cat(n)C•-a- OF USA 0/12 ?�k• `•3�fq n4- -'_ .,— WATER COURT CASE NO, (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME--11� , e Receipt No. 1 J� / STREET 3 Basin Dist. • CITY 0 a o� CONDITIONS OF APPROVAL ( tate) (Zip) TELEPHONE NO. X5-9—x'66 ° This well shall be used in such a way as to cause nn matprial injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water Alin // p right or preclude another owner of a vested'water County G�2. / 0 Alin SLc 4 j.,01-1 3/dch2) right from seeking relief in a civil court action. 5E sot the SP:. Y.,Section -2a 1)APPROVED FOR A CHANGE IN USE OF AN EXISTING AA // / WELL CONSTRUCTED UNDER PERMIT NO. 89834. THE Twp.�_ IV, Rng. !o 6 W �1- P.M. ISSUANCE OF THIS PERMIT HEREBY CANCELS PERMIT " s (E.WI NO. 89834. • (3) WATER USE AND WELL DATA 2)APPROVED PURSUANT TO CRS 37-92-602(3)(b)(I) UNDER THE FOLLOWING CONDITIONS . Proposed maximum pumping rate (gpm) IS-CE.SS-3)PRODUCTION FROM THIS WELL IS RESTRICTED TO THE UPPER ARAPAHOE AQUIFER WHICH CORRESPONDS Average annual amount of ground water _ 'TO THE INTERVAL BETWEEN 60 FEET AND 240 FEET to be appropriated (acre-feet): BELOW GROUND SURFACE. PLAIN (NONPERFUFATED) • 1 CASING SHALL BE INSTALLED AND SEALED TO PREVENT Number of acres to be irrigated: C PRODUCTION FROM OTHER ZONES . Proposed total depth (feet): 7 F 4)THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE Aquifer ground water islto be obtained from: 12' 8 .67 ONE SINGLE FAMILY DWELLING, THE WATERING OF f KATrt 40c (gy p C T OMESTIC-ANIMALS, AND THE IRRIGATION OF NOT MORE THAN I1_247.5c> SQUARE FEET OF HOME GARDENS Owner's well designation AND LAWNS. GROUND WATER TO BE USED FOR: 5)-THE ANNUAL AMOUNT OF GROUNDWATER TO BE AP- PROPRIATED BY.THIS WELL SHALL NOT EXCEED ( ) HOUSEHOLD USE ONLY -no irrigation (0) •4-G ACRE-FEET. OO DOMESTIC (1) ( ) INDUSTRIAL (5) (X) LIVESTOCK (2) ( ) IRRIGATION 18) -CONTINUED ON THE ATTACHED SHEET- ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) 1 1 OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) 142725 PERMIT NUMBER (4) DRILLER FEB 0 41986 \( aDATE ISSUED Name //Ileh5ZO -- --- EXPIRATION DATE FEB 0 4 1988 n! r.J 8rzis�C,1[\ijf L P/ ' /' / p Street / li rye .i• d .i;n4(µ..,L+r++� - ,, (�p� (S ATE E EER) City I State) -. 1;f'(�'PI - -1 ':<'.n L= --� — BY `YN =31V4 Telephone No. Lic.No. Weld Co. Plannnl[ emminISsinb I.D. /- 0 2_- COUNTY 1. Date: October 2, 1984 CASE NUMBER: Amended USR-596:83:59 NAME: Lewis Wesley and Barbara J. Cornell ADDRESS: 1149 Road 33 3/4, Brighton, CO 80601 REQUEST: A Use by Special Review Permit for a Dog Kennel LEGAL DESCRIPTION: Lot 11, Block 2, Jo Ann Subdivision; Part of the SEA, Section 26, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile northwest of Lochbuie; north of Weld County Road 4. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 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 appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The subject site is in a platted rural subdivision. The lot is 4.5 acres in size. In consideration of the large lot size, the small number of dogs (i.e. , 18) , the applicants' design and proposed operation of the facility, and the operation standards prepared by staff, it has been demonstrated that the proposal will be compatible with the existing surrounding rural residential uses as well as with the future development of the area; - No overlay districts affect the site; and - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. Prior to scheduling Amended USR-596:83:59 before the Board of County Commissioners, the applicant shall provide Evidence that application has been made to the Colorado Division of Water Resources for a second well on said site from a non-tributary water source. OPERATION STANDARDS Cornell Dog Kennel Amended U.S.R. - 596:83:59 1. The permitted use shall be a dog kennel operation for a maximum of eighteen (18) dogs as described in the application materials on file in the Weld County Department of Planning Services. 2. The Use by Special Review Permit shall not be transferable by the applicant and/or owner to any successors; the Use by Special Review Permit shall terminate automatically upon conveyance or lease of the property with others for operation of the facility. 3. All phases of the kennel operation shall comply with all applicable County and State health standards and regulations. Buildings and grounds shall be kept clean, in good repair and free of trash. Animal waste shall be removed daily from the kennel area and stored in an enclosed container. The waste shall be removed on a weekly basis. 4. All dogs shall be kept inside the kennel buildings from 10:00 p.m. until 6:30 a.m. Dogs may be permitted outside between the hours of 6:30 a.m. to 10:00 p.m. 5. A six (6) foot wooden fence shall be constructed to enclose the dog kennel operation. 6. Evergreen trees shall be planted and maintained at intervals of twenty (20) feet around a six-tenth (6/10) acre section of land which includes the Cornell improvements. The trees shall be planted along the south, west and north perimeter of this area as indicated on the Use by Special Review map on file in the Department of Planning Services office. A minimum of forty-eight (48) trees planted two (2) rows deep shall constitute the required planting. 7. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 8. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 10. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an PC:,-c.)-S57; ., _.; 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. 11. 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. ADDITIONAL COMMENTS Lewis Wesley and Barbara J. Cornell Amended USR-596:83:59 1. The Department of Planning Services -has not received any objection to this application. 2. The Lochbuie Planning Board has recommended denial of this application because of the potential for future housing in that area. 3. Puppies up to the age of six (6) months are not counted as household pets. After six (6) months of age puppies will be counted as household pets. The applicants are aware that if this application is approved they must not exceed a maximum of eighteen (18) dogs on the site. LAND USE APPLICATION SUMMARY SHEET Date: October 2, 1984 CASE NUMBER: Amended USR 596:83:59 NAME: Lewis W. and Barbara J. Cornell ADDRESS: 1149 Road 33 3/4, Brighton, CO 80601 REQUEST: A Use by Special Review Permit for a Dog Kennel LEGAL DESCRIPTION: Lot 11, Block 2, JoAnn Subdivision; Part of the SEA, Section 26, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .75 mile northwest of Lochbuie; North of Weld County Road 4. SIZE OF PARCEL: 4.52 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of a Use by Special Review Permit are listed under Section 24. 3 of the Weld County Zoning Ordinance. In a Show Cause Hearing conducted by the Board of County Commissioners on July 18, 1984, the Board passed a resolution advising the Cornell's to resubmit an application to amend USR-596:83:59. The Lochbuie Planning Board has reviewed this application and has recommended a rejection of this proposal (see enclosed referral) . The Colorado Division of Water Resources has informed the Department of Planning Services that the Cornell well (amended May 1977) is not of a sufficient depth to serve animals or to irrigate their yard (see enclosed letter) . The Cornell's have been informed of this situation. FIELD CHECK FILING NUMBER: Amended USR 596:83:59 DATE OF INSPECTION: September 21, 1984 NAME: Lewis Wesley and Barbara J. Cornell REQUEST: Use by Special Review Permit for a dog kennel LEGAL DESCRIPTION: Lot 11, Block 2, Jo Ann Subdivision; Pt. SE4, Section 26, TIN, R66W LOCATION: Approximately .75 mile northwest of Lochbuie; north of Weld County Road 4 LAND USE: N 2 vacant lots, 6 residences, 1 mobile home E mobile home, horse barns & corrals, pasture S vacant lot, 1 residence, WCR 4, cropland, high power transmission line W 6 residences ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Subject site is located in the Jo Ann Subdivision, a large lot rural subdivision consisting of 26 lots with 15 residences and 2 mobile homes. Each lot ranges in size from 4 to 5 acres. The subdivision has an easterly slope. Access to the Cornell property is off of Weld County Road 4 (a gravel road) by way of a dirt trail. The unimproved "road" is a dedicated right-of-way, but a maintenance agreement has not been secured with the County. Improvements on the Cornell property include a mobile home, an unfinished outbuilding, storage shed, steel shed, an old trailer house which serves as a dog house, pup pens, dog food shed, kennel buildings, dog runs, cedar fencing, abandoned trucks and stored equipment. Forty—eight (48) evergreen trees are planted to the north, west and south of the improvements. The Cornell mobile home is only one of two mobile homes in the Jo Ann Subdivision. 19(9 By:,,,,Jz+-to eft. Jones R. Mayerl, rrent Planner Y I.' it 1 ' I. -, /It(j.: ., °I• • • ) --•:,1 :1? ll r '1 • •• like 1 • ..1 . ..... • if , .. " .:, . , . -, . _ ,,, • :. • . ..- ir,"'•"` 1 • .. __,, ,__ _,,,,,a__. • e /22.2.•221.4,/ g, I. 1.-- it G '.�.' �� 4 o I F t. 1=1 H la i I - _ • • fl . ••• i '• • , " ? I •.F—_'i • so • • „.. r %, 4? ,,, - 1,• ,,‘!\? i 1 . i .. 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'"'4''.*/ - - sr'.,°"y,.,. .-s -r 1 " ,� ry �m . rq�¢ ::! 4 y ' .....:..y.v. , Y n ' Hy�A ya 14% ctr"."..`."' ar^CY�UNT-_Y ,, 2,c7J NO.� r`; . c:.';'> APPLICATION USE BY SPECIAL REVIEW 0 '5 V E Department of Planning Services, 915 Tenth Street, Creeley, Colorado 8063 p U G 15 1984 [i e� �q Phone --356-4000 - Ext. 4400 Case Number A/%emeIIl4t.C (..S (s'7 Date Received Well Co. Planning Commission Application Checed by Myles plat submitted t)ZS Application Feet 17S.-sia Receipt Number 136%Z Recording Fee -r10.00 Receipt Number S-SS 7 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 proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: tnl LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: l ST' y Bection a2 6 T / N, R 66 W LEGAL LEGALsedESCRIPTION/ of contiguous", property /r'op Go T tp,owned /N edd 2uu onW which ,� Special Review Permmi�t/ is Property Address (if available) o+`k//y 9 l ld 1 l3 Y/ Bk fQ 4 01i ( V �J o'crc PRESENT ONE /4 OVERLAY ZONES /V N TOTAL-ACREAGE_ f / PROPOSED LAND USE P 5/ e/4C e C'. n t''/m EXISTING LAND USE P Si 'P h C I.- y- ,eti me / • SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL-REVIEW: Name: 1° w ' r e Address: 2 City Q r 0 Zip Home Telephone 4k Busin Telephone 6 5.O hi P.— Name: Address: City Zip Home Telephone 4 Business Telephone it Name: Address: City Zip Home Telephone 4k Business Telephone 4k APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Address: City Zip Home Telephone 4k Business Telephone 4k List the / It owner(s) and/or lessees of mineral rights on or under the subject properties of-record. (.C Name: r fed Sid /{ S (c cct/) Zip Address: City �'��� ��o � // /-_ I Name:___S / hr blew r C//!�I caret I r lQlit/ 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 WORD ) STATE OF COLORADO ) , 7 ! ' i Signature: Owne Authorized Agent , Subscribed arki sworn to before me this 1- day of (tij , crii-\ 19 %4 . SEAL-.' r',.' A c e A NO*ARY PUBLIC M Csmmission expires Feb. 13, 1985 n.,fr^ 7 ;-•,p.. My commission expires Y `� ' -` "�.2L,..J Ii To _ a Weld County Department of Pia:: ,ng Services We -are applying for an amendment of a special -44.4taEgTrait, We have a hobby kennel of Golden Retrievers and Smooth Fox Terriers. I have been breedi-ng and showing Golden Retrievers since 1967 and Sm. Fox Terriers since 1971. I am a member of Mile-Hi Golden Retriever Club, The Golden Retriever Club of America,Greeley Kennel Club and Colorado Dog Fanciers. As a member of dolorad-o Dog Fanciers I am allowed -only three litters or 20 puppies per year. I am -not allowed to buy for resale. The area -we are in is zoned agricultural. There is a horse boading stable behind us on lot 2. Their house is over 350' from our structures. Lot 3 is empty. Lot 4. raises pigs and stmetimes sheep and goats. Their house is over 500' from our structures. Lot 12 is empty. _Lot 1 has a house an the front part of the lot well 500' from our structures,. We have our own well with adequate water for the use. This is a family run keno. Access to the property is by county road 33 3/4 There is only passenger -oar traffic to the kennel. We Have a small kennel buil-ding for the }'ox Terriers that is heated. At the request for the Planning Dept are have a new building for-the Golden. It is colored metal -filly instl-ated with -a concrete floor.. All dogs are kept inside between 1400 p.m until _6:30 A six foot ceder fence is around the kehnel buildings. AnimalYis removed from the dog Ill B runs�a' tyis removed from-the property as often as necessary_in waste? bags, 0.f t Q loctitot / b c/o; S In +he htnne I sn,T,. 818 Ccn tenni. '.:. .dg., 1313 Sherma. ., Denver, Colorado 80203 G CA 1- �� ` PERMIT APPLICATION FORrk ', GRECE\`4Etl; Application must be complete where 1 XI A PERMIT TO USE GROUND WATER • • applicable. Type or ( ) A PERMIT TO CONSTRUCT A WELL ) ,l • ; L' print in BLACK FOR: ( X) A PERMIT TO INSTALL A PUMP INK.No overstrikes B' ,u t or erasures unless ( I REPLACEMENT FOR NO. naginitialed. ( ) OTHER � 3. [!%tN WATER COURT CASE NO. (1) APPLICANT • mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN/ NAME •_Wesley Cornell I Receipt No. 0 ,a 1 / 531 E. 99th Place STREET Basin Dist. CITY Thnrntnn Cnln 80229 (State) (Zip) CONDITIONS OF APPROVAL TELEPHONE NO. 451 -8108 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL - . .. issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County deld (JoAnn Sub Lot II, Block 2 right from seeking relief in a civil court artinn . SE 'h of the SD G, Section 26 Twp. 1 N . Rng. 66 W 6th P.M. IN.si iE.VIM Install plain (non-perforated) casings from irga (3) WATER USE AND WELL DATA surface down to a minimum depth of3Od bed and properly sealed to prevent the pumping Gf Proposed maximum purpping rate (gam) 1 5G 1)1, appropriation of tributary-waters, eh, Average annual amount of ground water 2 to be appropriated (acre-feet): Number of acres to he irrigated: 2 acre Proposed total depth (feet): 400 ft, Aquifer ground water is to be obtained from: Owners well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ( b DOMESTIC 111 ( ) INDUSTRIAL 151 ( 3d LIVESTOCK (2) ( I IRRIGATION (61 ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) 1 1 OTHER 191 APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) • O98 PERMIT NUMBER O .W•`L` (4) DRILLER DATE ISSUED Name 'Jest ern 7,1n11 nri 11 i n(;, Inc. EXPIRATI234c.e_t ATE APR 23 ' 79 Street 11299 Brighton load City Henderson. CO Lorado 80640 D (STATE ENGI ER) (Stale) (Zio) 288-2247 9O2 BY Telephone No. Lic. No. ).D. COUNTY (sin - —r- �/ (5) THE LOCATION OF -THE PROPOSED WE. ad the area on (6) TfiE WELL MUST BE LOCATED BELOW which the water will be used n be indicated on tll diagram below. li dances from section lines. Use the CENTER SECTION (1( In, 640 acres) for the well location. ft. from Sc1)1(-h sEc. line -_ fneen or sown) I I-4-- 1 I 870 _ft. from Last sec. line II1-- 1 MILE,52804 EET T (east or west) + T + t _ - + t LOT 1 1 BLOCK 2 FILING a 01505 I I I I SUBDIVISION r1-nf,nn 1 — i - NORTH SECTION LINE • _ + _ 1 '1 • I (7) TRACT ON WHICH WELL WILL BE I LOCATED Owner. 6Jesley Cornell _NORTHi_ z -� + No. of acres ' 52 Will this be ? N J ti I ( o I l •o m the only well on this tract? yes o 1_ _ -1— w o (8) PROPOSED CASING PROGRAM I I I 0 I Plain Casing w 2 { 3 • — — — 0 ± t 6 5/8 in. from +2 ft. to 300 ft, I I x I in. from ft. to ft. — + i I _ A_ - L Perforated casing SOUTH SECTIONIINE I 1 I 6 5/3 in. from 300 ft. to -400 ft. I + -1- I + t 4 -1-- A- in. from ft. to I I I I I (9) FOR REPLACEMENT WELLS givedistance • and direction from old well and plans for plugging t - _ T _I_ 1 ' '— TI — + — + __ + — 4— — it: ( The)scale of the diagram is 2 inches = 1 mile N/A ' Each small square represents 40 acres. a WATER EOUIVAL₹NTS TABLE (Rounded Figures) An acre-loot covers 1 acre of land 1 loot deco I cubic foot per second (cfs) . .449 gallons per minute lgpm) A family of 5 will require aunmximately 1 acre•loot of water per year. 1 acre-fool . 43.560 cubic feet . . . 325,900 gallons. 1,000 gpm pumped continuously for one day proqu,es 4.42 acre-feet. (10) LAND ON WHICH -GROUND WATER WILL BE USED: Owner(s): Lewis ''Nesley and _Barbara J. Cornell No. of acres: 4. 52 Lot 11 Block 2 Joiinn Subdivision 3R4 of -the Sri of Legal description: _T— ,1, t • (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of isposal system to be used. Household use, lawn, garden and livestock. Septic. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used id/A N/A — (13) THE APPLICANT(S) ST-ATE(S) -THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BESTCN7EDGE. SIGNATURE OF APPLIC IS) 11•n nrlrlirinn it sh nnR nf nmr. if mnno n,tri i- imnidnvl (!7"./("r. \ / ti :k.rsc \Is _� THE UNITED STATES OF AMERICA. it 11. //1�� �. �� ��To all to Whom these Presents shall come, GREETING: i f-t /WHERK -A4 a't+3 /J/ r� I -A C talc of the Perri' titer of the Land Office at /- -�-'-��`.!.�� Colorado.has Frc.o deposited in the-General Land Office,-whereby it appears that,pursuant to the Act of Congress of May 20,1862, "To Secure}(ogle.&to `, ! , • ' Act Settlers on the-Public Domain,"and the arts supplemental thereto,the claim of -- -- g ,t /5) 7'7'7) / t •' �_ /._[A' Asa r...;-..ate(. �'.e!.z-tit 1.-C '1. forte.lL.. .- ... ._ .. ..`./.. .._ .. ... _ I y established and duly consummated,in conformity to law,for the L a' t!74--.e.GY( ct{-p-,.:,, t< 2.A 1' a �l1 i-- r >-z� • `� -9,..)...+- de". �.:./ >p it Ti. ->�C/7n) ; c, i 9 s7 Nt<7, e r�s' •y �< �j ct t !/f #7 —i ' se -ea ( :.. , r p 41/./c-5..,.../e.. ..,, */ Y; if i� /Cit , {ST r r7at-c e-ey' CZ'C72..�v • 0-�ia'!s_.cci�-+^-Le--.2 a C// � ( / r` q I �y according to the Official-Plat of the Survey of the said land.-retunn+l to the lleneral Land Office by the Surveyor-General: l Now Know Ye,That tbereds,therefore,granted by the United States unto the said claimant the tract of Land above ,.4j., 1 -described: To Hare and to Hold the said tract of Land,with the appurtenances thereof, unto the said-claimant and to the 1" •:N'r�f s mein and assigns of the said claimant forever; subject to any vestal and scored-rater-rights for mining,agricultural,mano- ��'t;' I facturing,or other purposes,and-rights to ditches and ren'noirs used iu connection with such water rights,as may be-recognised I and acknowledged by the local customs,laws,and decisions of Courts; and there is-reserved from the lands hereby granted, a : right of way thereon for ditches or canals constructed by the authority(y of the United Steamy 6 } p c1y , a--4--41 4 , l/xu44/0 4, tir.�CLLe�.Pn.:-. .�.c-..�,ee 3 ;t.e •.- e r •,``ti_._:X i s • o f Jo .a er-f1.- t f'1 �'-X. �i6e l p��I<r £ ti p n.._ -r .,(rn n/�fi,. //11`-f .�'� a ea...,/,��y r 4( .J-cxrr- 7'g -=C u O,,, ♦ •, -,,y4.--,/,/, .-Le,y.Ip /� ,u_.�...- ...--_, - �I I` _ 7.-_,C r �)< -.t �2, ///C /36 Se's)/ 3332 � i J '%y In Testimony Whereof, I. of el . c.-c4 t i1 ` le —4-0--z!i__! President of the United States of America,have caused these fetters to be made Patent,and the Seal of the Generatland O to be hereunto affixed. e et, /7. c v Given Under my hand,-at the City of Washington,r�the.8.4- 1--fir t< fay of. .6-6--t--r- -,in the year of our Lord one thousand nine hundred and a GCt'-r z. and of the Independ cc of the United the one hundred i4-`¢D ari BY THE Paxatnaxr: ✓ _- �f 'A`• //��" �s ' r v:P }ir//.�_l<.- '�-L-.�Lc .SECRETARY. } ;j SEAL { i[ et C-3 '7" '/ �- •._mac. '1. � st yap kewrdn f the GenaalL.aat Olks. ./°' -� Iteeorded: -Patent No��IO_V 7 i ti is ..;',I 7,�.2y , No..�. -:Lrooa.rwro"n..wso t r;u� a' I:; 3 w STATE OF (YILORADO,ll 7 `J' / r / Corny oriia . fss' Fled for RecorddatIDO _o'clock�M 7!6. -tiT _. ._19.11. p i ,Xt ; }�'{ a 6' 9 2..IL-- -_..RF.cnanrt ,ale+, , r +x'�rt"- • -- - (By 7 Detect. Xk' ,3'y . r, 4. - ��w. wp.. 1 .. 171 tr'''4 °'£" ' 'i keb awnaeme we.-errs r.a ono rrau.a..uwser w fir` e.?i'l.i. 1f,' -4 ff ',jp ' eF.: a- " s '-Na llId1n Eble tetb. Mode this_ lath nay of la :ril,4.7"/,Kry WARRANTY DEED de W t ?,ti Wad aLad ea tomindrw lma,d ad twisty sera Mwa 11:Z`tr FROM ... .. Clyde I. SaaklqVil.gl - Clydm L. laetlq _.. . . .._ - .. ._ Cabe t. u a � .._ +-... County d lose. W etas d Cando,d tle i•he }� ¢d! t TO .. .. Yes part,sad__ A. J. elaocae.M.._.._.. _ _._. .__. . a,{ 1t.- ;:. •r _ A J. Ithaca _:olio y t7-7......-42,:a''' � Y. �{ s ..... . _. ... CS1F•. .....YL----el Saar ad Stated Cando,d W_ad at: wf^ R h ''. WITNILMEl8.TLt lirid-ps&,mod tat Mt WS Ica sad imdits alto sod +�� v•;•e£: e STATE OF�aXIWeamr =� .Ter delLra al ether walla]. Oomidaratlee .._ sef' ,141 f., p� Ti Wantotl-D.ed no ehei tee mad to tM aid alO_.. at 1M fat pail L lod paid by tM said party al Wa tea pot,the • let1..4,....•e44%, s F4, y d 11$Wo'ssekAM.. 1014 ,in' nap'Mond$Year arched sod Wao.Ydyt.W_ genial,MtPised,molded rralal, "t`"'1.7.1,4:; ¢'fi.t S. C. Celle sod hr*ow Pasta"ea flak MWna,sal,awes sad airs rote a rid WIZ - d rim, F ."tai e e Ity_._.-C E 3uotloetaa n`�- the ramd part.__it" ___ldn and tam law,al the lav a anted Lit et prat *.+*;{3' d Lid.lam butad boas a a_ _...._._.. _....__. _Corti d Wald '" g ' ,to. Fla:Y..7S _. ter np.tl ad Sts d Cando.to-wit: � .; 'x M A; - -Via southeast quarter Itarl of eeetlm tpsty-sl. telL Taal D ono 111 '* J -Korth,awe misty-sir (SO Vest of the nth 1. 1. Se 14 County, Cols. H� _ A� ; re 7wetea harm all coil and natal rights in the within des tribal Lad. w`"'.' p.t6' ek fug ." eat , :. Y.0 toti ,. TOGV1111$with al ad era feaar the osadisas mad aigrlaws Una Wan or is era appelar,ad the n.._ af Y x s sod atom tasdr sad tsalads%net*Pas ad ieds Used:sad at the ealas,sips.tide.ietaM.a and dad wanner d , g'}..a'. JM aid e.rtR_d M.Vet pa,attr s kw r opuity,d,s and to W shwa hormonal pram with iM k..dranrs ad masaa ? -C`t` '. r f�. TO RAVE AND TO HOLD the Veil_pane show McPsd and dmelad.with a algrtaneb va4 _._. ._._ z �r 1:ii f4l+xtAM r.d pit;... d W wad pet -hi. Las ad ea r faar Ad W rid.- --..+ 1�yierty +W eni Aso .fr hi.self hit ._it,sots cod t 5t1W%deaa_rerast.grab Laps ad.Or to ad wM W aid r-j_ `a d tM rf,¢ dead Wt— 3L.. _._kssrd rat that sttM taaedtM arts rddi.rldlhs Peas_L is .. _.._sewn dead da�1FP. �. . � the■mss are mamma r d ar4�Pad,aoNne rd'-' • t•. stale d isleeita.m.s law.is fr�pY,ud h�ad ri� e+ ' Ml Power ad}awful swiMsy s not heniq�DM convey the der s dean ad fa Omaid.ad that the der a fs and it ha al o t tl$g oar.:? fader and other Oa s.bar's*rib fa a noon and flans d an bad_ Or. ... .._sae leaf: w '" f _ __._ . ___resent.the. ut T kaly of tl�.l*A pesr•LLrsa -_. .1 .�_ -- ..__ _ ._._ .... _ tkial3=; '1L. a ,IK . tied W obese Swims'psis,s W quint and isslLepsar d tM Mid party- d IM dead part,._hit _ode ad ,. 3 oi sOisal Vaal any Posnerrr L.fdbriassrsalsbe lM eMrsW pen Wed.Wrd party.__...dIM Mt Pet all aad del �'. ,--.`,,- 7ARRAAT AND FOREVER DEFEND. ' I Di Inman WM:REM,Ito rid pa___of the alert part ham__Seas a_his__Moda ad snit the day-sad ratan °Y ti { FY.. .M...,,ua 4311414 f,its the N ' f::::' i5 e.d,Mind ud Dad hyPtaa d O3yN L M"'`Talc �►1J f'-- MEW d xyy-._ '--' _.__ . raEAg �I. __ t�Y;.i rSTATE O►C waADO, _._I ~-'a y .a a-.,><-a.:Cesar es_JOid_ I, .___.Ltzilhn.- a Mary A6M L a low _.�...s _ odd ae.�. ___Day,L the Sts aleeshd,go:hereby setiy that rib .�:.. . ____?..171•_-_.___....._ .lyls_Jr.ILalSmF-._ -__ -- -.-_,�+-Y Faosaat/tao.t Lf s r M Is tar PrazwMr ram ._It r _asMebad s eM_._.__Yarlalig_ -Deed.anted kiss r this dal is P404"4 x aY �' aehao.Ldrd dot >y_aped,ma ad awed a Bald Lresrl d.lithe r_. .Jain__fn.W away tlsad,JY►_. f,:. ..•:el Ini Il{r, kr On one ad papa tate Yfirth_ '_'��_.___._ _.__._ ._ _ _ _._. __ __ __ - �'�� ,` • isgFLl..— ____.________ Oi.rrigbedrd_ as1,thla— lit>•__—d.lal_._— y2ne_...1ANS.i• y. ,1 M My assddm despair_.$6_34�1a.P�US1a —_ -- ,t Z*b 'ilApz. <. p t "s cs "CJ L7.�5 Accorded at ^)c-C, o'clock: A M., AUG 81977 tv �b I.55 ���,s Reception No .> :�•' f MARY.ANN FE - i 'N -.._....Recorder, ��3 C IL ' TINS DEED OF TRUST, blade this 20th day of April 1977 , between ! Lewis W. Cornell and Barbara J . Cornell • the grantor herein whose address is 531 E . 99th Place , Thornton , CO . G� • County of Adams and State of Colorado,and `D the PUBLIC TRUSTEE of the t-n County of Weld ,in the State of Colorado, ti R'ITNESSETH: The Grantor to secure his promissory note bearing even date herewith, for the principal sum of Four Thousand and Five Hundred and no/100 Dollars, payable to the order of Calvin A. Cook and Barbara J . Cook ti the beneficiary herein whose address is 1142 Bailey Drive Brighton, CO C 60 -months ,after the date thereof, ,p with interest thereon from the date thereof at the rate of 10 percent per annum, principal and interest payable In in monthly installments of approximately $95 . 62 commencing on o May 20 , 1977 and each and every month thereafter until o paid in full . There shall be no prepayment penalty on this amount . CD does hereby grant and convey unto said Public Trustee tfollowing described-property, situate in the i County of Weld , State of Colorado, b6it aBlock 2 , w ..... - Lot 11 , Jo Ann Sui ivision n (f' County of Weld - -�J �_1!_-l`� ``1\ State of Cohrado e-%‘ 31r , \ , t • 3U� , 1982 E. P NE D NYE WELD Go C Iri COLVtifw TO HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, that in case of default in the payment of said note or any part thereof or interest thereon, or in the performance of any covenants hereinafter set forth, then upon the beneficiary (note holder) filing notice of election and demand for sale,said Public Trustee,after advertising notice of said sale weekly, for not less_than four weeks, in - some-newspaper of general circulation in said county, shall sell said property in the manner provided by law in effect at the time of filing said notice and demand,at public auction for cash,at the front door of the Court House in said County wherein said property is situate. Out of She proceeds of said sale said Trustee shall retain or pay first all fees, charges and costs and all money advanced for taxes. insurance and assessments, or on any prior encumbrance, with interest thereon, and pay the principal and interest due on said note, rendering the overplus (if any) unto the grantor; and after the expiration of the time of redemption, said Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale. The grantor convenants that at the time of delivery of these presents, he is seized of said property in fee simple, and that said property Is free of encumbrances, except existing deed of trust and that he will keep all buildings insured for fire and extended coverage in amount equal to the unpaid balance of said note with loss payable to the beneficiary, and will pay all taxes and assessments against said property and amounts due on prior encumbrances, and if he shall fail to pay insurance premiums, taxes or amounts due on prior encumbrance, the beneficiary may pay the same and all moo so paid shall become additional indebtedness due hereunder; and in case of foreclosure,he will pay an attorney's fee of aa reason a o.a e sum. Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property, the grantor agrees that all court rests and-a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder;and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exemption-now or hereafter provided by law. It is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants herein,then said principal sum hereby secured and interest thereon may at the option of the beneficiary become due and payable at once, anything in said note to the contrary notwithstanding and-possession of said property will thereupon be delivered to the beneficiary, and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property, who may be appointed_by any court of competent jurisdiction. Whenever used herein the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to ill genders. All of the covenants herein shall be binding upon the respective heirs, personal representatives, successors and assigns of the parties hereto. Executed the day and year first above taov'e written. G 63 BARBARA J. OORNELL LEWIS W. CORNELL I./ STATE OF COLORADO, County of Jefferson L. The foregoing instrument was acknowledged before me this 2 0 t hdsy of April- -' .ig,77 ,by. Barbara J . Cornell and Lewis W. Cornell a�Y J ! �''rMarch 21 ,1g 81 My Commission expires -57 Witness my hand and official seal. :4,1 NpTAIY �.i % • Notary Public. No.928-B'Rev_t,DE'co OF TRUST TO PUBLIC TRUSTEE.—Short Form.- -Bradford Publishing Co.,1824-16 Stout Street,Denver,Colorado-2-78 elf by natural person or persons here insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, then insert name of personas executor, attorney-in-fact or other capacity or description; if by officer of corporation, then insert name of such r a or officers, as the pidunt or other officers of such corporation. naming it.--Statutory Acknowledgment. Sec. 11F-G-1, Colorado Revised ',jaunt REFERRAL LIST APPLICANT: Lewis W. and Barbara J. Cornell CASE NUMBER: Amend USR-596:83:59 SENT REFERRALS OUT: August 21, 1984 REFERRALS TO BE RECEIVED BY September 18, 1984 m p z m o Z H Z H OH C cn off H 1x4 W0 O Z V 02 O a1 H z 0 GGI..�3 '' W cn O O O W O O O a W O W U z to x z z " a z County Attorney (plat only) Town of Lochbuie _ Planning Commission Weld County Health Department Route 4 Box 99 XX Brighton, Colorado 80601 Engineering Department 659-1395 / XX V County Extension Agent ✓/ Bill McMurray . Planning Commission Member Box 161 Office of Emergency Management Brighton, Colorado 80601 659-1141 Brighton Soil Conservation V Humane Society of Weld County iii XXService 23700 State Highway 263 60 South 27th Avenue Greeley, Colorado 80631 Brighton, Colorado 80601 659-7004 Ken Mesch, Zoonoses Specialist / Colorado Department of Health �/ 4210 East 11th Avenue State Engineer Denver, Colorado 80220 ✓ XX Division of Water Resources 1313 Sherman St. , Room 818 Colorado Humane Society Denver, Colorado 80203 ATTN: Nina Dunn 5901 East 89th Avenue State Highway Department Henderson, Colorado 80640 1420 2nd Street 289-2891 Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Hudson Fire Protection District c/o Judith McGill P.O. Box 7 Hudson, Colorado 80642 CP,U/' r �% OPO RICHARD D. LAMM �9 Governor Ica o, JERIS A. DANIELSON r �o * State Engineer *1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 September 17, 1984 Mr. Michael S. Mullen Weld County Planning Department 915 10th Street Greeley, OD 80631 Re: Cornell Special Review Section 26, T1N, R66W Dear Mr. Mullen: We have reviewed the above referenced application for a dog kennel. The source of water for the kennel operation is a well, no. 89834. This permit was amended by request of the applicant on May 6, 1977 from 400 feet to 150 feet and from domestic to household use only. Since the existing well is permitted for household use only purposes, we do not recommend approval. Sincerely, Richard L. Stenzel, P.E. Chief, Water Management Branch For: Hal D. Simpson, P.E. Assistant State Engineer HDS/JRH:ma/3430 cc: Jim Clark, Div. Eng. Steve Lautenschlager sip 1 9 1984 Meld Co. Planning Cnmmission Case NurnberAmend USR-596:83: s a_ RTMENT OF PLANNING SERVICES may/• +��t-�p��q� PHONE 13031356-0000 Ext-4400 91510TH STREET GREELEY,COLORADO 80631 -August 21, 1984 4 w c r:. I ih _ COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Lewis W. and Barbara Cornell for an amended Use by Special Review Parmir fnr a nng unynal The parcel of land is described as Lot 11 . -11nrk 7 T„nnn Gubdivicion: part of the SEu, Section 26, T1N, R66W of the 6th P.M. , Weld County, Color-ado The location of the parcel of land for which this application has been submitted is approximately .75 mile northwest of Lochbuie; north of Weld County Road 4 and west of Road 33-3/4 This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would h-e -ap- prsciated. Your prompt reply will help to facilitate the processing of the pro- posal and will ensure prompt consideration of your recommendations. If a response from your office is not received within 14 days of mailing from our office, it may be interpreted to -mean approval by your office. If you -are unable to respond within 21 days (but wish to do so at a later date) please noti-fy our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by gaprvmhar 1R 1qR' so that we may give full consideration to your recommendation. J 1. We have reviewed this request and find that the request , �-te-/ (doss/ does not) comply with our Comprehensive(/ Plan for the foll ,owing reasons : r <:r. 7:.. A24 7.4 - Z .. -GJ i+-t . :,'.c.;c. 4-: �`.✓.t�V'I-Lyna-ix.cc4uo , :t 4xAc ,.vtl✓PS�.G-i/t! 7.�:1tfr. -r-r_% ;'# it - c-,- -7;1'7 �'..i-t w' ! .+/ :/ :zf^3 e .t• 'S A-bi /C� h.!-' ^3 ft erf12:OC-j 0.4if -N/ i 2. We do not have a Comprehensive Plan but we feel this request (is/ is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you prior to 4. Please refer to the enclosed letter. signed ayl �. j14 c .rd': r 'c./ Agency et'S/44', r(L'L.uct,' Y" Date ,*(Lill r !� o Thank you very much for your help and co-operation in this matter. Michael S. Mullen, Current Planner r _ MSM:rjg it 1 -- CEP 131984 Weld Co. Planning Commissim� West Adams Soil Conservation District P.O. Box 296 - Brighton, Colorado 80601 - Phone 659-7004 August 27, 19814 Mr. Michael S. Mullen, Current Planner Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number: Amended USR-596:83: 59 Lewis W. and Barbara J. Cornell Dear Mr. Mullen: The soil for this area is very susceptible to wind erosion when bare of vegetation -or other types of cover. Care should be used to keep any bare areas small . When extensively used, trampling will kill existing vegeta- tion. A wind barrier such as a board fence or windbreak helps protect the soil , for a distance of about ten times their height. We are not sure of their plans for land use. However our main concern is erosion control . Sincerely, (A Oscar Haake, Jr. , President Board of Supervisors o 4 1984 Weld Co. Pianning Commission CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT X O COLORADO DEPARTMENT OF HEALTH Richard D. Lamm 1` '''�+c rur� * Thomas M.Vernon, M.D. Governor I g q 6 Executive Director August 28, 1984 Michael S. Mullen Department of Planning Services D�C2�i Weld County 915 — 10th St. ., rt 11984 Greeley CO 80631 Dear Mr. Mullen, Weld Co. 4lanning Commission This letter is in regard to the plans you submitted to this office for a Special Review Permit for a dog kennel owned by Lewis and Barbara Cornell. Upon conferring with Mrs. Cornell, it was learned they do not breed, raise or sell more than 20 puppies each year. Also, they board no dogs except for their personally-owned animals. Therefore, they would be exempt from Colorado Statutes regarding licensing and inspection of Animal Shelters and Kennels. Since they are exempt from our Regulations, the issuance of the permit would not conflict with the interests of this department. Should you have any further questions or comments regarding this matter, please contact me. Sincerely, John Pape, Environmentalist Zoonoses Control JP:d cc: Weld County Health Dept. Lewis & Barbara Cornell, 1149 Rd 33 3/4, Brighton 80601 a21n FAST 11TH AVENUE DENVER_COLORADO 80220 PHONE (303) 320-8333 DEPARTMENT OF PLANNING SERVICES ( (C' PHONE 130313564000 Ext-4400 915 10TH STREET GREELEY,COLORADO 80631 '* .w, t ' 1 'ti. c u ty P• fi . b' „�• � COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, October 2, 1984, at 1:30 p.m. to review a request for approval of an amended Use by Special Review Permit for a Dog Kennel for Lewis W. and Barbara J. Cornell on a parcel of land described as Lot 11, Block 2, JoAnn Subdivision; part of the SEA, Section 26, TIN, R66W of the 6th P.M. , Weld County, Colorado containing 4.52 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced -request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 2, 1984 Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: La Salle Leader To be published one (1) time by: September 20. 1984 Received by: ofa /// , 4 y!/�/ Date: cP`/ a ii " V C C 4. • aivel DEPARTMENT OF PLANNING SERVICES PHONE (30313564000 Ext-4400 915 10TH STREET GREELEY,COLORADO 80631 • COLORADO) NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, October 2, 1984, at 1:30 p.m. to review a request for approval of an amended Use by Special Review Permit for a Dog Kennel for Lewis W. and Barbara J. Cornell on a parcel of land -described as Lot 11, Block 2, JoAnn Subdivision; part of the SEA, Section 26, T1N, R66W of the 6th P.M. , Weld County, Colorado containing 4.52 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 2, 1984 Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: T,a Salle Leader To be published one (1) time by: September 20. 1984 Received by: Date: rte:fl: — Mailing List Amended USR-596 Lewis Wesley & Barbara J. Cornell Surrounding Property Owners Durwood E. & Helen A. Walker 1322 Bailey Dr. Brighton, CO 80601 Donald J. & Nancey L. Fetters St. Rt 1 Box 193-C Mojave, CA 93501 Robert L. Farrer 1042 Bailey Drive, Brighton, CO 80601 Sheldon & Evelyn Stillman 2090 S. Clinton St. Denver, CO 80231 Charles L. & JoAnn Kinder 771 S. 11th Avenue Brighton, CO 80601 /\ AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No, AnikeNdeS! us2 S9(s. 83: 67 Subject Property Lot if) Bieck ,- 1 AM A.in1 5cs diu,s.c..1• P4.SE`O 2C/ CoCo STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. '() n The foregoing instrument was subscribed and sworn to before me this \S day of ©,.dam\ _ , 19%A . WITNESS my hand and official seal. My Commission expires: My Commission expires Feb. 13, 1985 No ary Public oe i .d/ S a 1 I „ HF el W M g en I 3c it W \ S o on p .7,- IL ■rCO dE1i 1 1NO!# -=� zoobit I.1111. „ xr E lie F W • v j CP3 O I 10 ' If t; xz aaEl o 4.0 a 33H -Au 1111 2 J cn HNc7 z C1 iNi rn cx9I. II, w a t ❑ n 2H pq 1>Z. m k-,' ₹9� ,-a i-1 .tip .- --/ t)q n f 411.—PS Farm 8 July 1988"417.846 //1�� 0@ AFITIC RETURN RECEIPT - ir r4 I Jeffs--3 1 3 I � � , WHo x � D ago ; a � � tea °° „ ' " ill s 4 Q J O Li -,W Z -0 ❑... o f") W, 1. PSForm8911,4.4,19 3 447-846. / 3$LIIILl7'IC' IETSRNI-NECEIPT Iii t.4,3 t i 1 1 4 1 W ii I nI a H .hl w Fl F r n 01 gi if 6 I b w I l r — a o I ra •' � p t 4; U il z a, M I •Ici a 1 W r) o M.� M�3 c^ i i- c..) to I I 6 ] z o a1' I ;T, L.. W Cl 0 a a - ti ^U I r cam hi }gg -1IZ} t] W • .. #3 v: of Li, j' 0 �4 s_ 4X.0: • PS Form 3811, at to -447445 i naMMNC ietliMN CEIPT pi ziEg_ a 8 z se m 2."ii,i . . ea o r 1 i cc z co 7 i c 2 j�pM r W H 2 E y� o W I-I 't•, La U-O c.2 LI$. 1 W U O ❑❑ wn X81 to I-1 41 - e d BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO- �, i° t: P. 0. BOX 758 .. ` '.,» GREELEY, COLORADO 80632 ^" -, a :* r 444 r a . aenz �3'+.,�_, :, P 310 896 784" N W W (�`- "` ' �" L' ,ri-9t. F i �Z Krk APR 1 1 1986 m r' xzorz) J 03 Cr LAIzkJ Co p Gr.et�cr. 771 S. 11TH AVENUE J CHARLES & JOANNE KINI r-la n 0 m .2 ti F U w - RETURty e �tli'�+ BRIGHTON, CO 80601 a :_ = -. oz REQVw0 0 , a U W I.:It43 71 I�:E:"flA�:k 'T•�:I r{ERJic]) Llca'7 1 I ilaiSS i I E .J' ' !lo 'J _ a �, K I a it 1 tij 0— 1143 r I O cb y�}PS W 2 �"~ - W-N=0 !a t i E L •X 4 I g I-I FO)P4 44 p ., L C] re O F� W• S § 0.'i C r-9W a •1- W 7-1 U 8 e 1 • I-1 x Q W . m ,,a 1- z a ;.; a °� x , Q HI N ULLt 14 I. � _Ix abfi/.'OPb5964 'CdJ Sfl" E 11 F' iJJi4i! I .... P&Form9E77,July 19ES+4474345 • A0NE:TI:RETURN RECEIPT . Hello