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Home My WebLink About851205.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN ACCESSORY STRUCTURE OVER 1 ,500 SQUARE FEET IN A PLATTED SUBDIVISION - CARL AND LaVONNE GIRARDIN 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 23rd day of October, 1985 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Carl and LaVonne Girardin, 2871 Tate Avenue, Fort Lupton, Colorado 80621 , for a Use by Special Review for an accessory structure over 1 ,500 square feet in a platted subdivision on the following described real estate, to-wit: Lot 2 , Block 3 , Country Estates, Third Filing, Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the 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 accessory building in the A (Agricultural) Zone District is consistent with the Weld County Comprehensive Plan. The structure will be constructed, operated, and maintained in accordance with the requirements and procedures as set forth in Section 24 , Use by Special Review, listed in the Weld County Zoning Ordinance. 851205 Page 2 RE: USR, GIRARDIN b. The accessory structure will be compatible with existing and future residential uses in the neighborhood. The size of the structure and its distance from surrounding property lines minimizes visual impacts to the surrounding neighborhood. c. No overlay districts affect the site. d. Use by Special Review Development Standards will 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 for a Use by Special Review for an accessory structure over 1 ,500 square feet in a platted subdivision on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Development Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . The applicant shall pay the additional building permit fee for the difference in the size of the structure erected on the property and the size indicated on the issued building permit. Building Permit #23974 was issued on May 18 , 1984 , for a 26 ' x 36 ' (1 ,296 square feet) building. The applicant then erected a 36 ' x 60 ' (2 ,160 square feet) building on the property. Page 3 RE: USR, GIRARDIN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of October, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: a r�, ) T , A, WELD COUNTY, COLORADO f UZ �, f.{ Weld County Clerk and Recorder ��crA ., e and Clerk to the Board ( J� 4` ine Jo son, Chairman BY: as/ egne R. ran ner, Pro-Tem Deputy C.6u'nty EXCUSED APPROVED AS TO FORM: C.W. Kirby Gor County Attorney �t2_ Frank Yama chi DEVELOPMENT STANDARDS Carl and LaVonne Girardin USR-697 :85 :41 1 . The permitted use will be a 36 ' x 60 ' (2 ,160 square feet) accessory structure as described in the submitted materials on file with the Department of Planning Services and subject to the Standards hereon. 2 . The applicant shall comply with the design standards for Use by Special Review, Section 24 .5 of the Weld County Zoning Ordinance. 3 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 .6 of the Weld County Zoning Ordinance. 4 . Representatives or members of the 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 herein and all applicable Weld County Regulations. 5 . 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 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. 6 . 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. HEARING CERTIFICATION DOCKET NO. 85-75 RE: USE BY SPECIAL REVIEW FOR AN ACCESSORY STRUCTURE OVER 1,500 SQUARE FEET IN A PLATTED SUBDIVISION - CARL AND LaVONNE GIRARDIN A public hearing was conducted on October 23, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro—Tem Commissioner C.W. Kirby — Excused Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Director of Planning Services, Chuck Cunliffe Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated October 9, 1985, and duly published October 10, 1985, in the Johnstown Breeze, a public hearing was conducted to consider a Use by Special Review for an accessory structure over 1,500 square feet in a platted subdivision for Carl and LaVonne Girardin. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, representing the Planning Department, read the favorable recommendation of the Planning Commission into the record. Ms. Dunn said there are two conditions and six Development Standards associated with this request. LaVonne Girardin came forward to answer questions of the Board. There were no comments offered from the audience regarding this matter. Commissioner Lacy moved to approve the Use by Special Review for an accessory structure over 1,500 square feet in a platted subdivision for Carl and LaVonne Girardin subject to the recommended conditions and Development Standards. The motion was seconded by Commissioner Brantner and carried unanimously. This Certification was approved on the 28th day of October, 1985. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: �p�, WELD COUNTY, COLORADO Weld County Clerk and Recorder `� wkL— and Clerk to the Boar l Jacque e Joh n, Chairman BY: 5,?&2G4(/� /�fl EXCUSED Deputy Cgtinty 1� Gene R. Brantner, Pro-Tem EXCUSED DATE OF HEARING C.W. Kii.. . Lac • rank Yamaguch' TAPE #85-91 DOCKET #85-75 LHR 2285 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # DOCKET # DOCKET # PLEASE write or print legibly your name, address and the DOC # (as li t d above) or the applicants name of the hearing you are attending. 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NAME ADDRESS HEARING ATTENDING / /1/ fF':2J ecc �Jc, /717/ l'�C/�/O � a( LG> c. /Zcr7( [24C� n tos l 6 i. . . d 4.-e �LL'✓� gip. v ri 5�E 7S �/, 7�.�i�� z CZi Fr/ / er'.�l<c E. �✓-lC `� r'��L.- .5l �i�,7 �C. �. r-s-srSC-t<'C /`lt. . ✓..rsr �-.., ','.---•. / 3 7 y y�n�. u' Y c 7, .1/�,•n s Y:.. /c� Cam'—`---� v`.�_�,..- j�� b 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, First Floor, 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. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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. APPLICANT DOCKET NO. 85-75 Carl and LaVonne Girardin 2871 Tate Avenue Fort Lupton, Colorado 80621 DATE: October 23, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Accessory stucture over 1,500 square feet in a platted subdivision LEGAL DESCRIPTION: Lot 2, Block 3, Country Estates, Third Filing, Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: October 9, 1985 PUBLISHED: October 10, 1985, in the Johnstown Breeze Exit/O/7" NOTICE AFFIDAVIT OF PUBLICATION Pursuant to the zoning laws of the State of Colorado and the weld County Zoning Ordinance, THE JOHNSTOWN BREEZE a Public bearing wit be held in theChambers or fine Board of STATE OF COLOHAt) 1 County Corn m,ssioners of Weld 1 bb County, Colorado. 'Weld County Centennial Center, 915 10th COUNTY OF WICI.D I street, First Floor. Greeley, I, Clyde Briggs, do solemnly swear that I Colorado, ah the time specified. All persons in any manner interested in the use by am publisher of The Johnstown 13rceru: Review are requested oa[endl that the same is a weekly ne�espapcl' and may he heard. printed, in whole or in part, and published Should the applicant or any in the County of Weld, State of Colorado, interested party desire the presence of a certified court and has a general circulation therein, that reporter to make a record of the said newspaper has been published apede record l whichtlwionbe�kep( continuously and uninterruptedly m said durinproceg the hearing, the Clerk to County of Weld for a period of inore than rethe Board's Office can be con- tacted for a list or certified coup fitly-two consecutive weeks prior to Hie t least five obaeined, thef Clerk tp first publication of the annexed legal notice the Board's Office shall be or advertisement; that said newspaper has advised in writing of such action at least days prior to the been admitted to the united States mails s hearing. The cost Of engaging a second-class matter under the provisions lit court reporter shall be borne the reguesting party by the Act of March 1, Ia7U, ur wn BE IT ALSO KNOWN that the amendments thereof, and Thal saidid text and maps so certified by the newspaper is a weekly newspaper duly Weld tie Planning Com- offssion may le examined in the qualified for publishing legal notices and office of the Clerk to the Board of advertisements within the meaning of tile County Commissioners located in the Weld County Centennial laws of the State of Colorado. Center, 915 10th Street Third Floor, Greeley, Colorado.' That the annexed legal notice or advertise- DOCKET NO. 8575 ment was published in the regular and entire issue of every number of said weekly Carl a APPLICANT nd LaVonne Girardin newspaper for the period of + consecu- 2871 Tate Avenue Live insertions; and that the first Fort Lupton, Colorado 80621 publication of said notice was in the usul• nt DATE: October 23, 1985 said newspaper dated :A.I). Il::_., TIME: 2:00 P.M. and that the last publication of said notice REQUEST: Use by special was in the issue of said newspaper dated Review - Accesso A.D. 19 over 1,500 s uareryfestructura sfonet In witness whereof I have hereunto set my hand pis /7 day of Orr LEGAL try PION: Lot 2 Filin , 9�Flock 3, CounCountry Estates, Third A.D. 1 .! g. Weld County, Colorado BO CO ISSIF O ERS /`/ COMMISSIONERS `'-^/yCd WELD COUNTY, ��//// / Publisher BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK Subscribed and sworn to betor,a Illy, a TO THE BOARD Notary Public in and for the Countti' of BY: Mary Rein, Deputy Weld, State of Colorado, this day of DATED: October 9, 1985 / - A.D. 19 r - PUBLISHED:^ October to, 1985, the Johnstown Breeze - e • , Notary Public My commission expires Summary of the Weld County Planting Commission Meeting September 17, 1985 Page 4 Tape 219 — Side 1 The Chairman asked Gloria Dunn to read the recommendation of the Department of Planning Services staff into the record before hearing any testimony. The recommendation is for denial of this request. APPEARANCE: Craig Althen, property owner and applicant, stated this request is for a resubdivision. He has received some of the materials needed by the Department of Planning Services staff as late as this morning and has not had a chance to present all evidence asked for by the staff. Fe asked for an extension of this request. MOTION: Lydia Dunbar moved Case Number S-248:85: 5 for Craig Althen, et al. , for a resubdivision be continued until the next regularly scheduled meeting of the Planning Commission to be held on October 5, 1985, at 1 :30 p.m. , and since this will be the third continuance that no further postponements will be granted. A decision will be made at this time, either for or against the request. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - yes; Doug Graff - yes; Paulette Weaver - yes; Don Johnson - yes; Ann Garrison - yes; Lynn Brown - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-697:85:41 APPLICANT: Carl and LaVonne Girardin REQUEST: Use By Special Review permit for an accessory building over 1,500 square feet in a platted subdivision. LEGAL DESCRIPTION: Lot 2, Block 3, Country Estates, 3rd Filing. LOCATION: Approximately 2 miles northwest of Lachbuie. APPEARANCE: LaVonne Girardir, property owner and applicant, reported they have built a barn on their property which was too large to he allowed in a platted subdivision without a Use by Special Review permit. They were told when they bought the property that agricultural buildings on ten acres or more were exempt from building permits. Summary of the Weld County Planning Commission Meeting September 17, 1985 Page 5 The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mrs. Girardin if she had reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. She stated she had and has no objections to anything outlined. The Chairman asked that reading of the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record cf these proceedings. MOTION: Ann Garrison moved Case Number USR-697:85:41 for Carl and LaVonne Girardin for a Use by Special Review permit for an accessory building over 1 ,500 square feet in a platted subdivision be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff and the testimony of the applicant. Motion seconded by Don Johnson. The Chairman called for discussion from the members of the Planning Commission. Discussion ensued regarding the size of the building erected and the size of the building applied for on the building permit. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - yes; Doug Graff - yes; Paulette Weaver - Yes, but it is very unfortunate that people try to bypass the building permit system and in this case an attempt to circumvent it as well, especially on something that probably would not have been a problem. Don Johnson - yes; Ann Garrison - yes; Lynn Brown - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: L'SR-698:85:42 APPLICANT: Richard M. Swinney REQUEST: Use by Special Review permit for a dry, open-cut sand and gravel operation. LEGAL DESCRIPTION: S k NW' of Section 15, T4N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2-3/4 miles southeast of La Salle, north of Weld County Road 44 and east of Weld County Road 43. BEFORE TPE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison 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: 4C'.,9 pr,..'n .., s CASE NUMBER: USR-697:85:41 r i n NAME: Carl and LaVonne Girardin SEP 1 91985 ADDRESS: 2871 Tate Avenue, Fort Lupton, Colorado 180621 67, /-41-1301„4:". REQUEST: A Use by Special Review permit for au accessory structure over 1 ,500 square feet in a platted subdivision LEGAL DESCRIPTION: Lot 2, Block 3, Country Estates, Third Filing LOCATION: Approximately 2 miles northwest of Lochbuie be recommended favorably' to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The accessory building in the A (Agricultural) Zone district is consistent with the Weld County Comprehensive Plan. The structure will be constructed, operated, and maintained in accordance with the requirements and procedures as set forth in Section 24, Use by Special Review listed in the Weld County Zoning Ordinance; - The accessory structure will be compatible with existing and future residential uses in the neighborhood. The size of the structure and its distance from surrounding property lines minimizes visual impacts to the surrounding neighborhood; - No overlay districts affect the site; - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. r � xhi/F3/7 �. USR-697:85:41 Carl and 1.aVonne Girardin September 17, 1985 Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for Use by Special Feview be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. Prior to September 27, 1985, the applicant shall pay the additional building permit fee for the difference in the size of the structure erected on the property and the size indicated cn the issued building permit. Building Permit 1/23974 was issued on May 18, 1986, for a 26' x 36' (1,296 Square Feet) building. The applicant then erected a 36' x 60' (2,160 square feet) building on the property. Motion seconded by Don Johnson. Vote: For Passage Against Passage Lydia Dunbar Doug Graff Paulette Weaver Don Johnson Pnn Garrison Lynn Garrison Lynn Brown Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CF.RTIFICATION 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 September 17, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated� the 18th day of September, 1985. t Bobbie Good Secretary DEVELOPMENT STANDARDS Carl and LaVonne Cirardin USR-697:85:41 1. The permitted use will he a 36' x 60' (2,160 square feet) accessory structure as described in the submitted application materials on file with the Department of Planning Services and subject to the standards hereon. 2. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 of the Weld County Zoning Ordinance. 3. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 of the Weld County Zoning Ordinance. 4. Representatives or members of the keld 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. 5. The Use by Special Eeview 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. 6. 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 Carl & LaVerre Cirardin USR-697:85:41 1. The Division of Water Resources will not comment on the application until additional information is submitted regarding the water supply. Fowever, the building is not served by the existing well located on the property. 2. The Hudson Fire Protection District did not submit any comments or recommendations regarding this request. 3. The Department cf Planning Services has received one letter in favor of this request from a neighbor. "NVFNTCRY OF ITEMS SUBMITTED FOR CO:SIDFPA_TION 7 �q Case Number U S JC (21 7 , ks-, ,c8 Submitted or Prepared Prior //�� to Hearing At Hearing 1. Application la Pages C/ 2. I Application plat(s) / page(s) ✓� 3. DPS Referral Summary Sheet o 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 7. DPS Maps Prepared by Planning Technician 8. DPS Notice of Fearing ✓ 9. DPS Case Summary Sheet 10. DPS Field Check 11. derTTh.* 4 ,231'174./ v 12. ' ( 13. C,^.2— le-t - Yrn d/1' z..- r74'-C� t win �)L�I1 v y y �/ / T 7 / � 14. l- �G (tat,._ 7%'z'>ti E�J/✓ C;�i.r.�e ,_�r�c o `.- 15. 16. 17. 18. 19. Cl. I hereby certify that the 14 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certi`f,y, that 1�' these items were forwarded to the Clerk to the Board's office on -C;�i�Y1�1�� 1 t� i 19 e5 . Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS lel DAY OF__________ �� 19V5 , SEAL ` `(�NrARY �4 floA NO ARY PUBLIC Y/d/ ,7A MY COMMISSION EXPIRES - DGIIBIT INNVEN'IURY CONTROL SHEFa Case (i5, /4 Exhibit Submitted By Exhibit Description A. azwe r /ty <Act 'l 'y B. T�GCL7Z?Zl'J7 eL`73Z9IZCQ-ztrx, _./ ..O4-1L--)z. -4,7itGd r- C. X--;767-2-92/// errin� rizzad ct? D. C A�- .ek/- (/C1 E. L.l j / ' S' �„ , n ti C,v , p.. . ec-nt Cat F. 1 ! ti . � ee/ 7/77 G. J✓. '7/P0( / /1'"net. i2d... Co , H. I. J. K. L. M. N. 0. Date: September 17. 1985 CASE NUMBER: USR-697:85:41 NAME: Carl and LaVonne Girardin ADDRESS: 2871 Tate Avenue, Fort Lupton, Colorado 80621 REQUEST: A Use by Special Review permit for an accessory structure over 1,500 square feet in a platted subdivision LEGAL DESCRIPTION: Lot 2, Block 3, Country Estates, Third Filing LOCATION: Approximately 2 miles northwest of Lochbuie 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 of the Weld County Zoning Ordinance as follows: The accessory building in the A (Agricultural) Zone district is consistent with the Weld County Comprehensive Plan. The structure will be constructed, operated, and maintained in accordance with the requirements and procedures as set forth in Section 24, Use by Special Review listed in the Weld County Zoning Ordinance; - The accessory structure will be compatible with existing and future residential uses in the neighborhood. The size of the structure and its distance from surrounding prcperty lines minimizes visual impacts to the surrounding neighborhood; - No overlay districts affect the site; - Use by Special Review Development Standards will 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 Development Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording the plat. USR-697:85:41 Carl and LaVonne Girardin Page 2 2. Prior to September 27, 1985, the applicant shall pay the additional building permit fee for the difference in the size of the structure erected on the property and the size indicated on the issued building permit. Building Permit #23974 was issued on May 18, 1984, for a 26' x 36' (1,296 Square Feet) building. The applicant then erected a 36' x 60' (2, 160 square feet) building on the property. DEVELOPMENT STANDARDS Carl and LaVonne Girardin USR-697:85:41 1. The permitted use will he a 36' x 60' (2,160 square feet) accessory structure as described in the submitted application materials on file with the Department of Planning Services and subject to the standards hereon. 2. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 of the Weld County Zoning Ordinance. 3. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 of the Weld County Zoning Ordinance. 4. Representatives or members of the Weld County Department of Planning Services shall he 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. 5. 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. 6. 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. ADDITIONAL COMMENTS Carl & LaVonne Girardin HSR-697:85:41 1.. The Division of Water Resources will not comment on the application until additional information is submitted regarding the water supply. However, the building is not served by the existing well located on the property. 2. The Hudson Fire Protection District did not submit any comments or recommendations regarding this request. 3. The Department of Planning Services has received one letter in favor of this request from a neighbor. .YVt__ ..;..,...\ T NiS _ ,. \ j="?AiTVEV PARCEL NUMBER IEELEY, COLORADO 80631 PERMIT NUMBER 62147123102002 000 .:LEPH0NE 356-4000 EXT.425 BP 23974-84-0908 TELEPHONE NO. PROPERTY TY OWNER GI:RitRDIN CCARt... W z< LA V(:3rNNE: A ;30:3 654-198, MA.i:I...ING ADDR 2871 -rATE_ AVE FT L..1 PTCON CO 80621 CONTRACTOR ACTOR .... r.;ENE:RAI... SELF 303 --. PLUMBING CONTRACTOR HEATING CONTRACTOR NONE NONE LICENSE NO. ELECTRICAL CONTRACTOR NONE: ADDRESS OR DIRECTION TO JOB SITE 2871 TATE T E AVE. FORT I._U P T 01.E, CO SUBDIVISION LOT BLOCK CENSUS TRACT ZONING DISTRICT COUNTRY ESTATES 3RD FILING 02 03 19.0 '. AGRI LEGAL DESCRIPTION ZONING APPROVAL SECTION 23 T 01 N R 66W DATE 05/1 B/84 BY HM(; DISTANCE FROM LOT LINES N 00249s 00066 E 00083 w 01168 REQUIREOSETBACKS N 005 s 005 E 050 w 040 TYPE OF IMPROVEMENT NEW-BUILDING HORSE SHELTER ___.----•-------.. .._....._..._.............. OWNERSHIP I"Fi.1.�lflTl:. (.TWLJ.E:1'"t PROPOSED USE-RESIDENTIAL VALUE $ FEE $ FEE $ HORSE SHELTER 6, 485 6').50 MOBILE HOME .00 ELECTRICAL JOB .00 PLAN CHECK .00 CONSTRUCTION METER .00 OTHER 31 .25 PERMANENT METER .00 INVESTIGATION RECEIPT NO. 1 C?}?,c.i1) 05/ I E3!(34 TOTAL 93.. 5 DESCRIPTION OF PROPOSED USE FARM STRUCTURE. NEW HORSE SHELTER, POLE BUILDING 36X36:::•1296 S('? FT SINGLE STORY, CONCRETE STIP DOWN CENTER ISLE, 31 .25 PAID 5-18-84 FT LUPTON RECEIPT 16677 PRINCIPAL CONSTRUCTION PRINCIPAL HEATING FUEL WOODSTRUC: POST FRAMES ._.............--___...__.._. _..."...__._...__..._...---------.__..._.___.._.__..._..__...-----_._---._.__------__._...----....._..._...__..._.. TYPE OF SEWAGE DISPOSAL SEPTIC PERMIT TYPE OF WATER SUPPLY WELL PERMIT TYPE PERK TEST DONE NUMBER TYPE NAME NUMBER �IO FO t34 N { CENTER E_R I L __________ NUMBER OF STORIES 001 BUILDING HEIGHT 0001 2 RESIDENTIAL USE ONLY PLOT PLAN ON FILE YESBLUE PRINT ON FILE NO NUMBER OF BEDROOMS NUMBER OF BATHROOMS ACCESS ACRES FULL 314 1/2 EXISTING x).60 I HAVE READ THE NOTICE ON THE REVERSE SIDE SIGMAME.°W1/41Tylit.YetihDID! APPLICATION DATE BEFORE MAKING THIS APPLICATION. Signature on File 05/18/04 04 APPROVED BY ROBERT HUF F•MAN APPROVAL DATE DF'239'74 D (Y Signature on Fire 0.>: 113/84 • OC cd4t\ Y,F RICHARD D. LAMM he � O 1 JERIS A. DANIELSON Governor OI State Engineer /876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 September 6, 1985 Mr. Chuck Cunliffe Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Girardon Accessory Use Der Mr. Cunliffe: We have received the above referenced special use application for an accessory building of 1500 square feet. No information regarding the proposed water supply was submitted which we need before we can comment. Sincerely, LA . L Hal D. Simpson, P.E. Deputy State Engineer HDS/JRH:ma/5523H o 161 1 (� i985 Weld Co. Planning Commission LAND-USE APPLICATION SUMMARY SHEET Date: September 10, 1985 CASE NUMBER: USR-697:85:91 NAME: Carl and LaVonne Girardin ADDRESS 2871 Tate Avenue, Ft. Lupton, CO 80621 REQUEST: Use by Special Review permit for an accessory building over 1,500 square feet in a platted subdivision. LEGAL DESCRIPTION: Lot 2, Block 3, Country Estates, 3rd Filing. LOCATION: Approximately 2 miles northwest of Lochbuie. SIZE OF PARCEL: 10 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: This is a result of zoning violation case VI-694:85: 141. The criteria for Planning Commission review are listed in Section 24.3 of the Weld County Zoning Ordinance. Our office has not received any objections from surrounding property owners concerning this request. One letter of support has been received from a neighbor. n N • � < 02')/!):1473 • r 222 �• 23 x 24,tl 7r I ,Y • :I . E/S0,25, o • tl� t x• I I 50 re _ I �r • G ,L .7 7 M r �I\ : • •� �. • ,� �• ••x. v $4 1 ax • n • o'er L ._s^ ^_._.F• I 1: a1 • •L 7 61 • i• r w / • • .o L n.. aucx LL± • LLJ n41r A� .� —_�— �� r i1 all.121222N n "..• xk h 20 a 52 'r / � !� � C I zsx• z• 1 a �zs 30 l�)z. _. 27 j1 39 3 C nI is 30 \ •. k• I � ' I_ —. . - J� • . yG • • • v r 33 ,. • `—fist a, _ { a. 3 �x >a > m at 33 .L Li�� A• &i.). 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Th\liblatS.W.1". \aka WSWW 1 'XIM.,.. Ita 11 II AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 SS NOTICE OF PUBLIC HEARING line Weld County Planning COUNTY OF WELD 1 Commission win Conduct a public 1, Clyde Briggs, do solemnly swear that nearing on September v. 1985 am publisher of The Johnstown I3reeze uildin ro ai of a use py sa ce that the same is a weekly newspapc Review permit for an accessory printed, in whole or in part, and publishe building larger than 1.500 square 1 feet in a platted subdivision from in the County of Weld, State of Coloradi Carl and LaVonne (�irardin on a parcel o land described as Lot z, and has a general circulation therein; the Block 3. Country Estates, Third said newspaper has been publishe Filing containing e.g acres, more it or less. continuously and uninterruptedly in sal The public hearing to be held by County of Weld for a period of more lha the Weld County Planning Corny- fifty-two consecutive weeks prior to U. theabove bn f rreferenced me st of first publication of the annexed legal note the request will be conducted in the Weld Count Commissioners' Hearing Roomy or advertisement; that said newspaper ha First Floor, Weld County Cen-, been admitted to the United States mails a tennia Color, o, enth Street, second-class matter under the provisions ( Greeley, Colorado, Comments or objections related to the above the Act of March 3, 1879, or all request should be submitted in amendments thereof, and that sal writing to the Weld Services vu newspaper is a weekly newspaper dul 9158 Tenth ht ofPlanm 342.. I Gre Street 1. 3oe I qualified for publishing legal notices an t Greeley,aboveC date 8 before the date or presented at advertisements within the meaning of tl. foe public 9 hearing on September laws of the State of Colorado. Copies of the application are That the annexed legal notice or adverh9 available for public inspection in ment was published in the regular an the Department of PlanningServices entire issue of every number of said weekl County Centeno Centennial Center.Weld Room newspaper for the period of ..j... consect Tenth St- 3t.Greeley.-400Colorado, live insertions; and that the fir, Phone - 356-4000. Extension '�. 4400. publication of said notice was in the issue ( Sharon Linhart. Chairman said newspaper dated ../,15, Al).. 15..`'r. C Weld County Planning and that the last publication of said rustic Commission To be published in the was in the issue of said newspaper date Johnstown Breeze A.D. 19 To be published one It) time by - In witness whereof I have her'unto sr August 22.1985.my hand this C1 clay of 13 ,.. A.D. 19.`jy) Yuhlishc Subscribed and sworn to before me, Notary Public in and for th,g County l Weld, State of Coloradoythi, tvm< day i y A.D. St lea.- G- c G/. y � G:�re-z, my/cO::.CI:S.,on Ex pi:ds L-ht t`lt,>11169)1I 5'_�[\�\/`� 2 South Parish Avenue D Ei'�/t_.1L 1..11.. My commission i 'e3tpi �es�14 3 EP 0 ', 1985 1 Weld Co. ?lawn dnmmissiml MAILING LIST TO MINERAL OWNERS Cark and LaVonne Girardin USR-697:85:41 Union Pacific Land Resources Corp. P.O. Box 2500 Broomfield, Colorado 80020 MAILING LIST Carl and LaVonne Girardin USR-697:85:41 Norm and Judy Campbell 2932 Tate Avenue Fort Lupton, Colorado 80621 William and Mary Lou Bunja 2872 Tate Avenue Fort Lupton, Colorado 80621 Gerald and Carmen Lucero 2812 Tate Avenue Fort Lupton, Colorado 80621 Mary Ann Valenzuela 2931 Tate Avenue Fort Lupton, Colorado 80621 Robert and Cherilyn Vaughn 10422 Santa Fe Northglenn, Colorado 80234 r REFERRAL LIST APPLICANT: Carl & LaVonne Girardin NUMBER: USR-697:85:41 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: August 30, 1985 NO SR NR NO SR NR County Attorney X Hudson Fire Protection District X X Weld County Health Dept. c/o Judith McGill P.O. Box 7 X X Engineering Department Hudson, CO 80642 County Extension Agent Office of Emergency Mngmt X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 State Highway Department 1420 2nd Street Greeley, CO 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Bill McMurray Weld County Planning Commission Member P.O. Box 161 Brighton, CO 80601 X X Lochbuie Planning Commission c/o Joyce Aasby Rt. 4, Box 0252 Brighton, CO 80601 P.C. 8-15-85 W 659-1395 NO=No Objection SR=Specific Recommendations NF-No Response gOCITI2 of LOCYLguLE Rt. 4 Box 99 Phony 0152 Poplar 659 l'59, Brighton. CO 80601 August 23, 1985 Chuck Cunliffe, Director Department of Planning Services 915 10th Street Greeley, Co. 80631 RE: USR - 697:85:41 Request for a Use by Special Review on a parcel of land described as Lot 2, Block 3, Country Estates, Third Filing. Dear Mr. Cunliffe; This is to inform you that the property described above is out of the three mile comprehensive planning area of Lochbuie. Sincerly; a 2 � / :,-,„ - Edward Helfenstein Mayor o ,\*7 f,U G 3 01985 Weld Co. Planning Commission SEP 05 1985 . Weld Co. Planning Commission lflk lt/r e L✓� /te< c. ,6• tau `-ie u%c? uretired chit t4z Anttte�c- .�'ic ncn_. . el • co 4 zlu, 4 r,ra-ccs cd cT-2_ .Z11.c-- ✓ 441z o . �w,ti& �Ct a cs- ��n < — �/u_�� ✓ �� ct2 Jlu ' — ' , r-ec--2z = 4/0-2-C11 �`lt L �L A /6"-/- /L4' /YLczL ee t- - ,nc-e—fc(c, 7(-6--n d, ct�<L l de Ea/ ' �Guvicez�n��> v t d tZ <t<L } C/u o • 4z a X72eut 4:0 ` 7t-t./) 71—a.4.' L ,c-ft fzothcru� c , GUz 4 .tst-f..LIc- 4 ,/�''..ei,,Lr f" ,�/u,a, u.0 ✓�L r , FIELD CHECK FILING NUMBER: USR-697:85:41 DATE OF INSPECTION: September 10, 1985 NAME: Carl & LaVonne Girardin REQUEST: Use by Special Review permit for an accessory building over 1,500 square feet in a platted subdivision. LEGAL DESCRIPTION: Lot 2, Block 3, Country Estates, 3rd Filing LOCATION: Approximately 2 miles northwest of Lochbuie. LAND USE: N Residence E Tate Avenue, 2 residences S Pasture, residence W Pasture, residence ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access is to Tate Avenue, a gravel-surfaced road. The structure (pole barn) exists as shown on the plat. One residence, shed and corral areas are also on the site. The west three-quarters of the property is in pastures By: Gloria V Dunn Current lanner July 30, 1985 Weld County Dept. of Planning Services 915 - 10 Street Greeley, Colorado 80631 Dear Sir or Madam, Enclosed is our application for Use by Special Review. Twenty (20) copies are enclosed, as specified, along with other materials required, and checks for $250.00 and $10.00 We are requesting a variance in the size of barn for our property. We raise and show Quarter horses and it is necessary to house show horses in a safe, suitable facility. This use is in keeping with the agricultural zoning of our neighborhood and the agricultural usages Weld County maintains. This barn replaces an existing barn which was built by a previous owner, on the lowest spot on our property, which of course means it fills up with water when it rains, as well as being unsuitable to maintain show horses in. Our area, called Country Estates, is used by the majority of residents as horse property. Our barn is consistant with that use, as well as being an asset to our property and to the neighborhood. We moved here from Jefferson County because it suited our needs to raise and show our Quarter horses. We wanted to live in a county that was agricultural in use and intent. It might be noted that the Weld County Tax Commission wasted no time raising our taxes on improvements for this new barn, by almost twice again what it was for the existing improvements. Please note that the original only of all the forms have been notorized where requested. The notary seal did not show up on my copy machine. Respectfully su mitted ‘- l'iV\ \00A( (!l 1 LaVonne Girardin 2871 Tate Avenue Fort Lupton, Colorado 80621 424 0108 work 654 1984 home APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Creeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number 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 proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:Lot 2, BlocksAotiontsbuntry Estates, Third Filing, T 1 N, R 66 W State of Colorado, County of Weld. LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposedSE a Section 23 T 1 N, R 66 W Property Address (if available) 2871 Tate Avenue PRESENT ZONE Agricultural/Residential OVERLAY ZONES Agricultural TOTAL ACREAGE 9.8 PROPOSED LAM) USE Agricultural EXISTING LAND USE Agricultural/Residential SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Carl & LaVonne Girardin Address: 2821 Tate Avenue City Fort Lupton zip 80621 Home Telephone #.111...5_54 654 1984 Business Telephone # 303 424 0108 Name: _ Address: City Zip Home Telephone # Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above): Name: not applicable Address: City Zip Home Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: See copy of Tital Insurance Policy attached 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 ) STATE OF COLORADO ) Signature: Owner of Authorized Agent S":..5. Subscribed and sworn to before me this, /4day of ��(-�/y- 19 O -�J. SEAL (14—h/4;;;? NO ARY PUBLIC ?l'4;/ dy-z`rio512/2 ��My commission expires ,l �j(l/ Proposed use: Horse Barn Need for use: 'lb replace the existing shelter which is unsafe to house horses in. Types of existing uses on surrounding properties: Horse properties Distance to residential structures: North wall of new barn is 50' from south wall of garage. New barn is 90' from street. There is no dwelling on the South side of the new barn. The residences across Tate Avenue are set back on their properties at least 200' . Number of users: We will be the sole users of this barn. Number of employees: Not applicable Type of water source: Well water Type, size, weight & frequency of traffic: Family vehicles, pick up trucks, very light traffic. Type of sewage facilities: Not applicable Description of proposed fire protection measures: Fire extenguisher in barn and normal fire protection supplied by Fort Lupton. Type & maximum number of animals to be concentrated on the area: This is only an 8 stall barn. In the spring when foals are born there may be more than eight housed in this barn until weaning time. Type, size of any waste, stockpile or storage areas: Not applicable. Manure is spread on pasture. Type of storm water retention facilities: Not applicable Time & method of removal & disposal of debris, junk & other wastes: Trash pick up each Monday morning by Ray & Sons of Brighton, Colorado Proposed landscaping plans & erosion control: Not applicable Time table for construction: Barn is completed on the outside Statement explaining consistency with Weld County Comprehensive Planer Useris agricultural in nature. Statement explaining consistency with intent of the district in which use is located: Area is horse property. Our barn is consistent with that use. Statement explaining efforts made to conserve productive agricultural land in the agricultural zone district: Enlargement of pasture area to graze horses on. Statement explaining adequate provision for protection of health, safety & welfare of inhabitants of the neighborhood: Not applicable (1) Statement explaining uses permitted to be carpatible with existing surrounding land uses. This is an agricultural subdivision of ten-acre parcels, sold as horse pluperties. Our barn is consistent with this use, is an asset to our property and to the area. Statement explaining the proposed used to be conpatihe with future development of surrounding area: There is one parcel on the south of our property that is empty. All other parcels have homes, barns, garages, sheds, etc on them. Our area is about as developed as it will ever be, under current Weld County suhdivision rulings. Statement explaining use by special review area located in flood plain, etc: Not applicable Proof that a water supply will be available: Not applicable A copy of deed identifying the applicants interest in the property under consideration: Copy attached. A certified list of names, adriresses and corresponding parcel identification numbers assigned by Weld County Assessor: Attached A certified list of names & address of mineral owners & lessees on or under the parcel of last being considered: See copy of title policy attached. • (2) AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 2871 Tate A n P Forte rnn i dam, 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, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or' from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. ncs �c�vv► The foregoing instrument was subscribed and sworn to before me this day of and(4/Lid _ 1984 An WITNESS my d official seal. My Commission expires: ;Wit' 4/1 11.4l-7s-�Q�C /Gfla Nota y Public 7,54,,,;y: �� / NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Nnrm & allay Canphell 2937 Tate Avenue D62147123101001 _ Fort Lupton, Colorado 80621 William & Mary Inn_B11ja 2R72 Tate Acwnue 06214712310]002 Fort Lupton, Colorado _Get 2R12 Tate Avernie __. 0671 471 931 01 001 Fort Lupton, Colorado mary Ann Valenzuela 2931?'ate 062147123102001 Fort Lupton, Colorado 80621 Robert & therilyn Vaughn 10422 Santa Fe 062147123102003 Northglenn, Colorado 80234 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 2871 Tate Avenue Fbrt Lupton, Colorado. Lot 'iWo(2) , in block Three(3) , Country Estates Third Filing, a subdivision located in the NE 1/4 and the SE 1/4 of Section 23, Township 1 North, Range 66 West of the 6th P.M. County of Weld, State of Colorado STATE OF COLORADO ) 86. 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. ickOMQ C)-/-\\C\(. \&-AIK.4 The foregoing instrument was subscribed and sworn to before me this ,V day of \ lTj , 19 "5 WITNESS my hand and official seal. My Commission expires:G� Ø'4/fr9f2 v/4-794--/-7, 4 Nory Public-3673/S/�a:>y M1770 ak L!/ 0/Cel Y' ALT..Jwne,'sPoi!,y ! cum H Anionwv-, IC) ,. 'U POLICY OF TITLE INSURANCE ISSUED BY • I) t.n; [ J ' ' , STEWART TITLE " ," GUARANTY COMPANY :` r., ; a'I ;Y¢^;?? SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND I±� " " THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY y COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in '' 3 Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' ., Y:a fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by I'� ^ ' t:, reason of: l'« p ti , 1, Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; , ^�r2. Any defect in or lien or encumbrance on such title; • :rJ'b 3. Lack of a right of access to and from the land;or 3Ph I 4. Unmarketability of such title pr '` °'r ' IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its ,y t • +i duly authorized officers as of Date of Policy shown in Schedule A. a&' Stewart ✓ilia o/ create, a ( ti z. 916 1014 Street I ,a 1. //�� aa STEWART TITLE J>(•�" 62 pp C orad//o 80631 GUARANTY COMPANY t �O"1'7"a't7 0"*CA E.G `� y• 1'4r" , 4t..........71,‘4�= t. «..' Chairman of the Board a°`ear' •*• President 1h, Countersigned. :3�••1�pePoR4rp•t-c k. ur �i 1906 ?o . ••s A Authorized C tersignature ! {e. , d; EXCLUSIONS FROM COVERAGE t p,$ ) I F The following matters are expressly excluded from the coverage of this policy: W (i ) 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or + `:t l�)) prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or [ 'P a hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect (Y t a`vl of any violation of any such law,ordinance or governmental regulation. 1 ' 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public ° l}, w�a') records at Date of Policy.• 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed or agreed to by the insured claimant, (b) not ) known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date ;R ' ka ./ such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company ., t 1 prior to the date such insured claimant became an insured hereunder; lc) resulting in no loss or damage to the insured claimant; Id) Vii'•• °i iii attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured .j. ' .', I ' claimant had paid value for the estate or interest insured by this policy. B r � \\�. ,. rpI cy+efriai No. O 6 0 3 4 3 0 -.��. � - --o- � s 0018 25M 6-82 ALTA OWNER'S POLICY—i ided 10/17/70 SCHEDULE A Order No.: 32960TM Policy No.: 603430 Date of Policy: June 23, 1983 at 7:45 A.M. Amount of Insurance: $ 125,000.00 1. Name of Insured: CARL W. GIRARDIN AND LA VONNE A. GIRARDIN, AS JOINT TENANTS • 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: THE INSURED 4. The land referred to in this policy is described as follows: Lot Two (2) , in Block Three (3) , COUNTRY ESTATES THIRD FILING, a subdivision located in the NE1/4 and the SE1/4 of Section 23, Township 1 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado.1A thorizeq�Countersignature Paget STF.WAIIT TITLE cnnr ool, OUANANTY COMPANY AL!A UWNLH':n VOL.1L Mutl''wo 1U,/., SCHEDULE B Order No. : 32960TM Policy No.: 603430 This policy does not insure against loss or damage by reason of the following: I. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes for the year 1983 and subsequent years. 6. Reservation as contained in instrument from The Union Pacific Railroad Company to Ann K. Clark, dated May 20, 1899 and recorded May 21 , 1899 in Book 233 at page 200, which is as follows: "EXCEPTING AND RESERVING to said Union Pacific Railroad Company, its successors and assigns: FIRST: All oil , coal and other minerals within or underlying said lands. SECOND: The exclusive right to prospect in and upon said land for oil , coal and other minerals, therein or which may be supposed to be therein, and to mine for and remove from said land all oil , coal and other minerals which may be found thereon by anyone. THIRD: The right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such oil , coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto, or for removal therefrom of oil , coal , mineral , machinery or other materials. FOURTH: The right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said Railroad." 7. Reservation as contained in Deed recorded January 30, 1914 in Book 392 at page 192 from L. S. Clark to A. C. Ustick which is as follows: "Excepting and reserving herefrom all oil , coal and other minerals within or underlying said lands." 8. An easement for utilities, drainage and incidental purposes over the Westerly 40 feet of said land as shown on the map of said subdivision. 9. Covenants, conditions and restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded June 19, 1968 in Book 596 under Reception No. 1517747. 10. The fact that the owners of said Lot 2, appear to be occupying a portion of Lot One (1 ) to the North, up to an existing fence line, as shown on the survey dated June 8, 1983, by Land Surveyors, their File Number 6017-1-846. 11. A Deed of Trust from Carl W. Girardin and La Vonne A. Girardin to the Public Trustee of the County of Weld for the use of Van Schaack & Company, a Colorado Corporation to secure the principal sum of $87,000.00 and any other amounts payable under the terms thereof, dated June 10, 1983 and recorded June 22, 1983 in Book 1000 under Reception No. 1931161, Weld County Records. STEWAIRT TITLE Page3 GUARANTY COMPANY 1613 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE 8 THE SIGN WAS POSTED BY: -- NAME OF PERSON POSTING SIGN \5A\ 4A SIGNATURE OF APPLICANT STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS.9/ DAY OF 1916. SEAL NO ARY PUBLIC �,'� Gl4-z2t 'k, S ero5/ MY COMMISSION EXPIRES LAST DAY TO POST SIGN IS: 19 PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION HEARING FOR CASE THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN • SIGNATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS J/ DAY OF l 19K5. SEAL NOT RY PUBLIC .Jc-lo/tlaJ� mss/ MY COMMISSION EXPIRES 7/r7 LAST LAST DAY TO POST SIGN IS: 7 19 Hello