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HomeMy WebLinkAbout890968.tiff RESOLUTION RE: APPROVE ACTION OF BOARD CONCERNING PROBABLE CAUSE HEARING - DOUGLAS R. FIECHTNER 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, by Resolution dated October 19, 1988, the Board approved Special Review Permit #853 for Douglas R. Fiechtner, subject to certain Conditions of Approval and Development Standards, and WHEREAS, the Department of Planning Services has informed the Board that Douglas R. Fiechtner is in violation of Development Standard #1 concerning the repair and maintenance of vehicles other than farm equipment; Development Standard #7 concerning the construction and maintenance of the screened storage area; Development Standard #15 concerning the outside storage area; and Condition of Approval #4a concerning the submittal of a screening plan, and has until September 27, 1989 , to come into compliance with said Development Standards and Condition of Approval, and WHEREAS, at the meeting of August 30 , 1989 , the Planning Staff advised the Board that Douglas R. Fiechtner has completed the screening of the outside storage area and has moved all vehicles which are not farm equipment into the screened area, and all farm equipment to be repaired is in the parking area as shown on the approved Special Review Permit plat, and WHEREAS , based upon the information from the Planning Staff, the Board determined that Douglas R. Fiechtner is now in compliance with Development Standards #1, #7 , and #15, as well as Condition of Approval #4a and that a Show Cause Hearing not be scheduled at this time. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing against Douglas R. Fiechtner be, and hereby is, dismissed based upon information from the Planning Staff indicating compliance with Development Standards #1 , #7, and #15, as well as Condition of Approval #4a. 890968 Page 2 RE: PROBABLE CAUSE HEARING - FIECHTNER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of August, A.D. , 1989. �ivi/j yeti BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Bo rd C.W. Kirby, Ch rman EXCU BY Ja line Joh on, Pro-Tem Deputy County Jerk Ar APP OVED AS TO FORM: Gene R. Bra tner ��� ‘_,_ U George Kennedy County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 890968 �V/� P ala PROBABLE CAUSE ftpi ir P DATE: August 30, 1989 CASE NUMBER: ZCH-55 USR/SUP NUMBER: USR-853 OPERATOR PROPERTY OWNER Douglas R. Fiechtner Same 5585 Weld County Road 34 Platteville, CO 80651 LEGAL DESCRIPTION: Part of the SEy of Section 12, T3N, R68W of the 6th P.M. , Weld County. Colorado LOCATION: Approximately 1 mile east of the Town of Mead; north of Weld County Road 34, west of Weld County Road 13. The owner/operator has completed the screening of the outside storage area nn the property and has moved all vehicles which are not farm equipment into the screened area. All farm equipment to be repaired is in the Parking area as shown on the approved USR plat. -Based upon the above information, the Department of Planning Services' staff recommends the Board of County Commissioners close case ZCH-55. 890968 PROBABLE CAUSE WATE: August 30, 1989 CASE NUMBER: ZC1T-55 USR/SUP NUMBER: USR-853 OPERATOR PROPERTY OWNER Douglas R. Riechtner Same 5585 Weld County Road 34 Platteville, CO 80651 LEGAL DESCRIPTION: Part of the SE} of Section 12, T3N, R68W of the 6ch P.M. , Weld County, Colorado LOCATION: Apprcximately 1 mile east of the Town of Mead; north of Weld County Road 34, west of Weld County Road 13. It is the opinion of the Department of 3lanning Services' staff that the following Standards, as approved for USR-853 are not in compliance: Development Standard #1: "The Special Review permit is for an agricultural service establishment (farm equipment repair and maintenance) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. Repair and maintenance of vehicles other than farm equipment is prohibited. Vehicles owned by the applicant may be repaired and maintained by She applicant on the site." Inspection of the site or. July 7, 1989, showed 22 stored derelict vehicles other than farm equipment on the property. Condition of Approval #4a: "Prior to recording, the area used for outside storage shall be screened from adjacent properties and public rights-of-way. A screening plan shall be submitted to and approved by the Department of Planning Services' staff." Development Standard #7: "The -screened storage area on the site shall be maintained according to the approved screening plan." 890968 Probable Cause USR-853 Page 2 A screening plan was approved by the Department cf Planning Services' staff on January 27, 1989. The screening plan included a six-foot cedar fence, located north of the shop. Completion date approved was May 15, 1.989, weather permitting. Inspection of the property on August 14 showed the _fence was partially constructed and some of the vehicles had been placed in the enclosure. There were still approximately 10 derelict vehicles stored on the property and not placed inside the screening fence. Development Standard #15: "The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may he reason for revocation of the Permit by the Board of County Commissioners." The outside storage area as shown on the USR plat has not been adequately screened. • Other areas on the site are being used for outside storage. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on September 27, 1989, to consider revocation of USR-853. t 890968 Case Summary ZCH-55 Douglas R. Fietctener 10/19/$8 - USR-853 -approved by Board of County Commissioners. 1/18/89 - Screening plan submitted to Department of Planning Services' staff. 1/27/89 - Staff approved screening plan with completion date of May 15. 2/6/89 - USR plat recorded. 7/7/89 - Staff inspected in response to a. complaint received by the Commissioners' office. 7/13/89 - letter mailed to Mr. -Fiechtner stating the property must be brought into compliance within 30 days. 8/7/89 - Received phone call from Mr. Tiechtner agreeing to finish fence and screen vehicles. 8/14/89 - Property inspected. Property still not In compliance. 8/18/89 - Probable cause notice cf hearing mailed to Mr. Fiechtner snd surrounding property owners. I 890968 DEPA-RTN , t' OFIPLANNING SERVICES ,.G &V. PHONE(303)356-a000DXT.aa00 rte" 915 10th ST-BEET _REELEY, COLORADO 80631 ®LoRADO January ?7, 1989 Mr. Douglas R. Piechtner 5585 Weld County load 34 Platteville, Colorado 80651 Re: USR-853 Dear Doug: The Department of _Planning Services' staff has considered your proposed screening plan, as submitted to us on January 18, 1989, and has determined that the proposed fence will adequately screen your outside storage area used for derelict vehicles. _Please amend your mylar plat and submit it with the $10.00 recording Tee to me as soon -as possible. If you have any questions, please call me. Sincerely yours, Lanell J. Curry Current Planner LJC:rjg g t 8911968 • 7,lit- 7769 • 1s -Thr Me- Pin ioe SCr? � 1n /O/cz/n s62LtLs a. s/X PcF:t _ cece, r- Yi td. air cvx ZACTI 6_5' Pat . _71'e-r 1�_ 4 oak!' `c ! o4 11-11-it l_eitiC .__5fru eibN. NS 1'stS T,1 Fpc5i5' in 4-0 hied Ceynktirtc: _At Ifit /3" -12 pro') 12 . /gze. 890969 s9soss 0-4 T11 : ? y s 57 K • (CV - - v 0. -D INSPECTION REPORT NAME: Douglas R. Fiechtner LEGAL DESCRIPTION OF PROPERTY: Part of the SEi of Section 12, T3N, R68W of the 6th P.M. , Weld County, Colorado DATE: July 7, 1989 CASE NUMBER: ZCH 55 Responding to a complaint received by the County Commissioners' o₹fi-ce, 1 inspected the property on July 7. Twenty-two derelict vehicles were stored outside and were visible from adjacent properties and rights-o₹-way. Mr. Fiechtner is only -allowed to store _cars that are owned by -him. Evidence should be provided that he holds title to all vehicles on the property. The fence on the _property was supposed tole finished by May 15. L bell J. C r Current Plan er f 830968 << DEPARTr NT OF PLANNING SERVICES PHONE(303)356-4000 EXT. 4400 rO & X15 70th STREET GREELEY, COLORADO 80631 COLORADO July 13, 1989 Mr. Douglas R. Fiechtner 5585 Weld County Road 34 Platteville, CO 80651 Subject: ZCR-55 Dear Mr. Fiechtner: An on—site inspection of your property was conducted on July 7, 1989, to determine if the Conditions of Approval and the Development Standards placed on your property at the tine USR-853 was approved by the Board of County Commissioners are in compliance . The inspection revealed violations of Development Standards #1, 7, and 15 . A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance with the Conditions of Approval and the Development Standards within 30 days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please call or write. Sincerely, /7 (-� ^A Lanell J. Curry ' , Current Planner LJC:dn enclosures 890968 - 1 - -"ts" INSPECTION REPORT NAME: Douglas R. Fietchner -LEGAL DESCRIPTION OF PROPERTY: Part cf the SEv of Section 12, T3N, R68W of the 6th P.M. , Weld County, Colorado _DATE: August 14, 1989 CASE NUMBER: ZCH-55 _Inspection showed the fence has been partially constructed. There were still 10 derelict vehicles stored on the property and not screened. Two _photographs were taken. (' ,, /e, -//.C, r_ r_r 7 '_Lanell J. C4rrq Current Planner I 890968 INSPECTION REPORT NAME: Douglas R. Iiechtner LEGAL DESCRIPTION OF PROPERTY: Part of the SE} of Section 12, T3N, R68W of the 6th P.M. , Weld -County, Colorado DATE: August 23, 1989 CASE NUMBER: ZCH-55 Inspection showed 7 derelict vehicles which are not farm equipment stored outside of the screened area. The screened area has not been completed. Five farm trucks were on the property to be repaired. nell Curry Current Plann f 890968 DEPART? TNT.OF PLANNING SERVICES x PHONE(303)356-4000 EXT. 4400 915 10th STREET ,) GREELEY, COLORADO 80631 • COLORADO August 17, 1989 Douglas R. Fiechtner 5585 Weld County Road 34 Platteville, CO -80651 Subject: ZCE-55 Dear Mr. Fiechtner: Notice is hereby given that on Wednesday, August 30, 1989, at 9:00 a.m. , or as soon thereafter as th-e agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause -public hearing pursuant to Section 81 of the Weld County Zoning Ordinence. This meeting will take place in the _Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public tearing will be to review case number USR-853 for compliance with the Development Standards and Conditions of Approval -as approved by the Board of County Commissioners on October 19, 1988, to determine if probable cause -exists to hold a Leering on revocation of USR-853. Inspection by representatives of this office have identified that you art not in compliance with Development _Standards and Conditions of Approval of USR-853 . If it is detegminea at the _public hearing that there is probable cause that you are not in compliance 1.ith USR-853 the Board of County Commissioners will schedule a -Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this -matter, please telephone. Respectfully, Yel-v‘tt( Lanell J. Curry Current Planner 89096E LJC:dn DEPAR- NT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 y O ORAD :80 31 r GREELEY, COLOR/00340631 RAU0�0637 COLORADO August 17, 1989 TC: SURROUNDING PROPERTY OWNERS Subject: ZC-1-1 — 55 NAME: Douglas R. Fietchner FOR: A Farm Equipment Repair AMC' Maintenance Facility LEGAL DESCRIPTION: Part of the SE2 of Section 13, T3N, R68W -of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile east of the Town of Mead; north of geld County -Road 34, -west of Weld County -Road 13. A Probable Cause Bublic Hearing is scheduled before the Weld County Board of County Commissioners on Wednesday, August 30, 1989, at 9:00 a.m. in the County Commissioners' Hearing Room, First floor, Weld County Centennial Center, 915, 10th £treet, Greeley, Colorado. The purpose of this public hearing will be to review case -number USR-853 for compliance with the -Development _Standards arni Conditions of Approval as approved by the Board of County Commissioner-s on October 19, 12388, to determine if probable cause exists to hold -a hearing -on revocation of USR-853. You are -receiving this notification because your property is within five-hundred (500) feet of the property being, reviewed. All persons in any menner interested are requested to attend and may give testimony pertaining to ZCH-55 and the uses occurring on the approves site. _For additional information sprite or telephone, Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING -SERVICE-S 915 10th Street - Room 342 Greeley, Colorado 50631 890968 Phone: 356-4000 - Extansion 4400 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case #ZCH-55 for Douglas R. Fietchner ir_ the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 17 day of August, 1989. t 890968 SURROUNDING PROPERTY OWNERS ZCH-55 DOUGLAS R. FIETCHNER Donna and Warren Burner 5615 Weld County Road 34 Platteville, CO 80651 Ralph Riggs 5665 Weld County Road 34 Platteville, CO 80651 Mark J. Paulson 16249 Weld County Road 13 Platteville, CO 80651 Donald L. Reffel 5501 Weld County Road 34 Platteville, CO 80651 Owen Farms 4506 Weld County Road 36 Platteville, CO 80651 Robert S. Skowron 5660 Weld County Road 34 Platteville, CO 80651 Norman A. Boll 1148 Summer Street Longmont, CO 80501 Administrator of Veterans Affairs P.O. Box 25126 Denver, CO 80225 Paul and Vicki Temple 5492 Weld County Road 34 Platteville, CO 80651 f John J. Cassidy P.O. Box 295 Divide, CO 80814 890968 • AYr-+y;m *� T" lb+tys`•r210'11.-4�•k8` t-• at ?et.:',F. •` t ••••• �r L C—__ _ 1 ._ . tl r, d 1 axe,"i e t . .H. < -aver, Tr4.s i. tuuaaia I� C 61913872 01/10/83 11:35 _:. Tb F-0474 f1ARY ANN FEUERSTEIH CLERK & WELDRECORDER• �6CO _I 1."aa COC , CO •'- ; FILING RTA MP / �l�TF • q Mil DEED, Y.d•{hle 7th I ) ti; /0//-5 say of January Ip 8.3Al...a HITCgLL JOH➢ GUTIERREZ " , A h' .rtha Gunty of Weld State Doaar ontory Foe and State of Date jfl I So Cabrade,arthe Ore{part.and DOUGLAS B. PIE . 1 n �:.•_ $ ahav bpladdrr..1. 6299 Weld II ei. Co. Rd. 32 • Loogaeat, CO 80501 t L••a.,.i at he Cass '+F IM IT\CHACTN.Thatt e.a a of 8 Or.t p. and State of Colorado...I' wend II party of the Orel - prtb IIf. 77. -FIVE part,for In State of ConoftM.earn-/ slat"..). THOUSAND ADD ➢0/100- _ _ _ _ II [u the u10 Derr of 1M Ont part In hand paid by the uid very of the second - - _ _ - - - DOLLARS, i anfo.ed and acknoaled[ed.ha. and pea,the receipt .. .ell,ro n•nted.b party air he geld and conveyed,and by these Ir hereby vet. .L¢nbrd lot and corers m,ureic the maid of w A.vme scow ream.L.r[nn, r; l,A-; 11and pert.Ai.M... and a } p• Yegdp•ren of land.aioate,l ' a(Sr..'.,.all the loll.. tri rountyM 1 lying being in the "[ • •I and Stale of Colorado, m r_ II (cc plate legal description attached) `~'' yJI S :-E..w I alw kwanunrertand au other ➢/A II TOGETHER whit an end singular the It I I binlnLWlM reversion Wreversion. tamenta and appurtenances lMnb Mienaina,or ina ,f eelnin.tda d thke e rs remainder and remainder.,rent.,issues and e :and peen .41 . em.daim WdeonLMt.a.vr•f{M said profits thereof: all tM II e -2�i in and te the al•.e bareaia apreml.e with the heredltament andappurtenant.. party not wrt.d{Mrin lava TO HAVE AND TO HOLD the aaad premiee.above bar PW rbe. ola a, ; Iparty a Our amend earl,Ab heirs and• And t and seven Led,.with tM aepur4norc<..sate the yaws I ,j.,-.‘12,3 II •ar<utan.and idledearl, da rvvnangnant.bares.And the acid party of the/int a•.:'S. h!:. parr.for Almself.hi.Mm, .�•"jyY Mein ae4asa1 _tla'att vim.elthernae.an and with the said revery all h.wand `• .•le..ee neyed•ueI [and delivery of thew pant i, \� [•ed.rere,peelect.•beelute•nd indefoei bie mate of inhentanrre,lIn latent fes well eee�mple.and heel ".91--er geed right.full peon and lawful F Y r — nod riW,and that the earn,are free and {e grant bvnin,sell and canny the u n an ar ont wwments and•neumhearmee of wh•ieveaL Ind r nature all wetenet, eer.; except ether general taxes•for end form its '• .;"rt-P.xX manta,b•rearne, mike. Ilene•lvrr, it _which grantee assts.._by reason of ad,Iuatment; except Term., conditions and 3 r•'T"Y± obligati--, of Agreement recorded Dec. 15, 1976 in Book 84, and rerecorded Jan. 12, 1977 "'k'r 7F !a Book 787 T Reception ➢o. 170591tl •':K:n£ gas lease recorded July6, Reception Rec ptiNo. 1708671; except oil and r' 1982 in Rook 271 at rvatio s of r cord: any easements, restrictions, covenants and-reservations 1896609;=except �� Si-S Soas of record; II '-? and the shored bargained . pnmraea in suktW II 'r -- belnandW Tacr.bbyclwanm./tel..Whe whale the several par part.hi. ,.. salvo*rasa all late person ar persona lawfully nalmin[arD claim the whale n.ant part thane!. the__le party of the f�pal shall and a{ll WARRANT AND FOREVER DEFEND.Ma Ynaulae.umber eMn • -.-1,.. • laelu4 the plural•the plural the sternly.sal the wo Many render shall be epWkabie le all graders. IN WITNESS WHEREOF. he aald parry at the firm •M..:.µ4m. pert ha.Mrrumo set hkMndacrd seal the day first _ r _ a t .. /� � • 1... .. err,. ISLA LI " 9.A LI x.43JTATE OF COLORADO LL 'YY'' . I [SEAL' n• Cain, der Jli .. m•aa.nwkn•atrdeel Mfere me thla Tth /pdf1T�{e >• .. ... d.ix January j77' I 'IfJ`",`6r el John Gutierrez II 1,frf�`pytfiylV^9wiFir.. Sept. 21, 1985 1' o Fs- '1xr� 4..1.0': .Witeev ay hand and elhial wJ. 21-i n'r , ley eau Ire.NL.a. a..aapT e • i•4a••W..MU.waZt+am�l m gem_ ... 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