HomeMy WebLinkAbout860553.tiff RESOLUTION
RE: APPROVE REQUEST FOR VARIANCE CONCERNING SEPTIC SYSTEM - PAUL
HNIZDIL
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, on May 27 , 1986 , the Board of Health denied a
request from Paul Hnizdil for a variance allowing him to tie a
three bedroom mobile home into the existing septic system which is
currently servicing a two bedroom home , and
WHEREAS, the property on which said septic system is located
is described as the Northeast corner of the Southeast Quarter of
Section 32 , Township 8 North, Range 59 West of the 6th P.M. , Weld
County, Colorado, and
WHEREAS, Paul Hnizdil appealed said decision to the Board of
County Commissioners , said appeal being heard by the Board on June
9 , 1986 , and
WHEREAS, at said hearing, after reviewing the testimony and
evidence , the Board determined that strict enforcement of the
septic regulations would cause undue hardship to the applicant ,
and that a variance would not be injurious to public health .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that Paul Hnizdil be, and
hereby is , granted a variance to utilize the existing septic
system on his property for both dwellings.
BE IT FURTHER RESOLVED by the Board that if the existing
system proves to be inadequate a new system will be installed by
Mr. Hnizdil.
860553
Page 2
RE: APPROVE VARIANCE - HNIZDIL
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 9th day of
June, A.D. , 1986 . �� BOARD OF COUNTY COMMISSIONERS
ATTEST: 6114; 6"- "' " '"`
(/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder .,,.� .. • _� �.. ...
and Clerk to the Board Ja que J` s.n Chairman
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BY: _- E, l At A—,4_02 Go . Lacy, P em
Diputy County erk
APPROVED AS TO FORM: ,eTe R. Bran ner
(( EXCUSED
C >CZELL. 7--7 C.W,. 15.c by
County Attorn y �%/-t�Gfia fe � 7'�/✓%
Frank Yamagu9kfi
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WELD COUNTY BOARD OF HEALTH
May 27, 1986
Paul Hnizdel Buckingham Ranch Variance Request
Mr. Paul Hnizdel owns a piece of property of approximately 3,800 acres in the
northeast corner of the southeast quarter of Section 32, Township 8, Range
59 W. He is asking for a variance request to allow him to tie a three bedroom
mobile home into the existing septic system that is currently servicing a two
bedroom home located on this property.
Wes Potter, Director of Health Protection Services, explained that the
regulations specify that any time an application comes through indicating that
an existing system is going to be altered to change the flow to that system,
an Individual Septic Disposal System (I.S.D.S.) evaluation is required. The
reason for this is to assure compliance with state and Weld County regulations
and to evaluate the existing system to make sure it is able to handle the
current load and also the increased load that will be applied to that system.
In the situation where there is a system that was installed prior to the 1966
regulation requiring permitting of systems, each system is evaluated and
issued what is called a nine thousand series number to authorize the existence
of that system.
Wes Potter called the Board's attention to sections of the General Sanitation
requirements:
3. 1 The owner of any structure where people live, work, or congregate
shall ensure that the structure contains an adequate, convenient
sanitary toilet and sewage disposal system in good working order.
3. 1 A All sewage disposal systems which are designed to utilize a
subsurface absorption system shall require a permit from this
department.
3.3.4 Any addition to a structure which will or is likely to result in
increased sewage flow to an existing system shall require approval
by the department and may require expansion of the individual system
or parts thereof.
3. 17E No more than one dwelling, commercial business, institution, or
industrial unit shall be connected to the same individual sewage
disposal system unless such multiple connection was specified in the
application submitted and in the permit issued for this system.
Mr. Hnizdel came to the Health Protection office approximately a month ago to
get a permit to put an additional mobile home on his ranch to facilitate more
help, and he wanted to hook the mobile home to the existing septic system
which he believed to have been installed approximately 30 years ago. At that
time Wes Potter explained that an I.S.D.S. evaluation would have to be made
which would involve exposing the top of the tank and cornering the field.
Weld County Board Of Health
Hnizdel Variance Request
May 27, 1986
Page 2
Mr. Hnizdel explained to the Weld County Board of Health that the nearest
neighbor is located three quarters of a mile from him, and there are no water
wells within this distance other than the one in his (Mr. Hnizdel's) yard.
Mr. Hnizdel showed the board a plot plan of his property, and explained where
he believed the leach field to be. He also showed the location of many trees
and of cattle corrals on this property. The description of the soil from the
soil map is listed as a four inch thick surface layer of grayish-brown loam,
with a sub soil of clay, clay loam, and 20 inches of silty clay . The
permeability of this soil is slow.
Mr. Hnizdel read a letter from Michael Holt, President of Eagle Engineering,
which stated that it is Eagle Engineering's opinion that the trailer should be
tied into the existing system, and the tank should be pumped with the
understanding that if the system should become overloaded the tank will be
pumped, the trailer removed from the system, and a new system will be
installed. Mr. Hnizdel also read a letter from A-1 Drain and Septic Company,
Ft. Morgan, Colorado, stating that they pumped this septic tank on May 9,
1986, and that it was their opinion that this system could handle another home
on it providing there is proper maintenance to the system.
Wes Potter explained that if the Health Protection Division issues a permit
for this system, they are certifying that it is in fact sized to handle the
load. Health Protection staff does not have the legal authority to issue this
permit. He also explained that if the Weld County Board of Health approves
the variance request, then they assume the responsibility for issuing the
permit. If the Board of Health denies this request, it can be appealed to the
Weld County Board of Commissioners, and they can make a decision.
George Vargulich reported that this system is in violation of a number of
regulations. The main violations are:
1. The trenches are 10 to 12 feet deep when regulations require that
they be no more than three feet deep.
2. Trees with water seeking roots are prohibited from being planted in
the area of the septic system, and many trees are planted in this
area.
Dale Benson moved that the Board of Health deny Mr. Hnizdel's variance request
to tie the mobile home into the already existing septic system. Dale Peters
seconded the motion. MOTION CARRIED.
DEPARTMENT CF HEALTH
p.;"'S H (3G31 3.5.1;1 AU
,`O1PIR 1516 HOSPITAL�'InAJ
GREELEY, COLOR/CO 8062;
COLORADO
May 14, 1986
Paul & Shirley Hnizdil
Buckingham Ranch
New Raymer, CO 80742
Dear Sir:
This department is trying to provide assistance to you in your application for
an additional mobile home on the Buckingham Ranch.
Since the Weld County Septic Regulations requirements are beyond the scope of
what you consider reasonable, you are encouraged to present the matter to the
Advisory Board •of Health to request a variance of the regulations requirement.
The next Board of Health Meeting is May 27, 1986 at 9:00 A.M. in Room 205 of
the Weld County Health Department, 1516 Hospital Road, Greeley, Colorado.
Should the Advisory Board of Health deny your request, I urge you to appeal
the decision to the Weld County Board of Commissioners. This Board is the
Executive Board of Health in Weld County and the ultimate authority in the
matters regarding the Weld County Individual Sewage Disposal System
Regulations.
Any information that you can provide to help the Board will be appreciated and
you are requested to present your case as completely as possible. You may be
represented by technical staff and legal counsel if you so desire. The
following items would be helpful:
1. Legal description of the site.
2. Geology of the site.
3. Soil conditions at the site. '
4. Depth to water table and depth of potable water wells at the site.
5. A plot plan of the site.
6. Any information about the existing septic system such as:
a. Size of tank and field
b. Approximate date of installation.
c. Number of bedrooms in the existing home and the proposed
additional mobile home.
Page 2
Paul & Shirley Hnizdil
May 14, 1986
We want to help as much as possible in facilitating your presentation to the
Board and will answer any questions and help in any way we can if you contact
this office at 353-0635.
Sincereli , _—
ki AA)
Wes Potter, Director
Health Protection Services
By Direction of Ralph R. Wooley, M.D. , Director
WP/bks
cc: Weld County Board of Commissioners
Weld County Planning and Zoning
File
IThe Fn
GUIDELINES ON
_ INDIVIDUAL SEWAGE DISPOSAL SYSTEMS
� J J
r . REVISED 1984
� i) COLORADO STATE BOARD OF HEALTH
CHAPTER 25, ARTICLE 10 C. R. S. 1973
(Effective 1 /1/85)
THESE GUIDELINES ARE APPROPRIATE
FOR BIODEGRADABLE WASTES ONLY
COLORADO DEPARTMENT OF HEALTH
WATER QUALITY CONTROL DIVISION
4210 E. 11th Ave.
DENVER, CO 80220
or upon the surface of the ground or into state waters unless
the sewage system and effluent meets the minimum requirements
of applicable rules and regulations.
G. Termination of Use of System:
The contents of a septic tank, vault, or seepage pit, the use
of which has been terminated, shall be properly disposed of
whereupon the emptied tank, vault, or pit shall be filled with
soil or rock.
XV. Findings on Appeal
Upon review from denial by the local board of health as provided by
Section 25-10-106 (1)(f) C.R.S. 1973, that an applicant for an
individual sewage disposal system has demonstrated that said system
will be constructed and used in such a manner as to comply with the
declaration and intent of these guidelines and all applicable state
and local rules and regulations and required terms and conditions
in any permit issued pursuant thereto, a permit may be issued
therefor.
NOTE: For purposes of administration and enforcement of the
"Individual Sewage Disposal Systems Act" (Article 10 of
Title 25, C.R.S. 1973), the following provisions of
said Act specifying general prohibitions and penalties
are set forth for ease of reference but not as
guidelines herein:
Section (1) No city, county, or city and county shall issue to
25-10-111, any person a permit to construct or remodel a building
C.R.S. 1973 or structure which is not serviced by a sewage
General treatment works, until a permit for an individual
Prohibitions sewage disposal system has been issued by the local
health department.
(2) No city, county, or city and county occupancy permit
shall be issued to. any person for the use of a building
which is not serviced by a sewage treatment works until
a final inspection of the individual sewage disposal
system has been issued by the local health department,
as provided for in Section 25-10-106 (1)(h) C.R.S. 1973
and the installation has received the approval of the
local health department.
-48-
(3) No individual sewage disposal system presently in use
which does not comply with the provisions of Section
25-10-105 (1)(e) regarding minimum separation between
the maximum seasonal level of the groundwater table and
the bottom of an absorption system shall be permitted
to remain in use without compliance with this article
and the rules and regulations adopted under this
article, later than October 1, 1975.
(4) Construction of cesspools defined as covered
underground receptacles which receive untreated sewage
from a building and permit the untreated sewage to seep
into surrounding soil are prohibited.
(5) Not more than one dwelling, commercial, business,
institutional or industrial unit shall be connected to
the same individual sewage disposal system unless such
multiple connection was specified in the application
submitted and in the permit issued for the system.
(6) No person shall construct or maintain any dwelling or
other occupied structure which is not equipped with
adequate facilities for the sanitary disposal of sewage
without endangering the public health.
Section (1) Any person who commits any of the following acts or
25-10-112, violates any of the provisions of this article commits
C.R.S. 1973 a Class 1 petty offense as defined in Section 18-1-107 ,
Penalties C. R. S. 1973:
(a) Constructs, alters, installs, or permits the use
of any individual sewage disposal system without
first having applied for and received a permit as
provided for in Section 25-10-105 (1)(f) or
Section 25-10-106, C.R.S. 1973;
(b) Constructs, alters, or installs an individual
sewage disposal system in a manner which involves
a knowing and material variation from the terms
or specifications contained in the application or
permit;
(c) Violates the terms of a cease and desist order
which has become final under the terms of Section
25-10-106 (1) (k) , C.R.S. 1973;
-49-
MEMORAMUM
Board June 4, 1986
To - �..—— — — — — mate —_- ---- —
Clerk to the Board' s OfficE
COLORADO From __ ____—__
Set Hearing Date Re: Appeal of Paul Hnizdil
Subject: .--._-.�_--
A letter of appeal was received on May 30 , 1986 , from Paul Hnizdil
concerning a decision by the Board of Health on May 27 , 1986 .
Pursuant to State statute , a hearing date must be scheduled and
this appeal must be heard within fifteen days of the receipt of
said appeal.
We suggest that the Board schedule this hearing for June 9 , 1986 ,
at 10: 00 a.m.
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A-1 Drain And Septic Co.
15603 Hwy 144
Ft. Morgan, C o. 80701
(303-867-6107)
To Whom It ii ay Concern:
On May 9,1986 I pumped Paul Hnizdil's septic tank in i'Tew llaymer. His
tank held app. 1500 gals. and seemed to be in good working order. The
water level was at the height it is suppose to be. It didn't appear that
the water level had ever been higher than the proper level, so the leach
field has been working sufficently. It is in my opinion that, this system
could handle another home on it, provided it has proper maintance to the
system.
Sincerely,
A-1 Drain & Septic Co.
91/
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EXHIBIT
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