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Home My WebLink About890527.tiff RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW NO. 634 , ISSUED TO MORITZ E. AND SHEILA BAESSLER 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 Department of Planning Services has informed the Board that certain Development Standards as approved for Use by Special Review No. 634 may not be in compliance, and WHEREAS , on June 21, 1989, a Probable Cause Hearing was held to consider whether there is sufficient evidence to schedule a Show Cause Hearing to determine whether the owners are in compliance with Development Standards #4 , #8 , and #9 of Use by Special Review No. 634 , issued to Moritz E. and Sheila Baessler, and WHEREAS, the property on which the violations are alleged to be occurring is described as Lot 17 , Sonny View Estates , First Filing, Weld County, Colorado, and WHEREAS, Moritz E. and Sheila Baessler were present at said Probable Cause Hearing, and WHEREAS, the Board, after hearing testimony, finds that there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not Use by Special Review No. 634, issued to Moritz E. and Sheila Baessler, should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review No. 634 , issued to Moritz E. and Sheila Baessler, should be revoked. BE IT FURTHER RESOLVED by the Board that the issues to be considered by the Board at said Show Cause Hearing are as follows: 1 . Whether or not the uses currently being conducted on the site are in violation of Development Standard #4 , which states that the accessory structure shall not be used as a permanent residential dwelling unit. PL 6 4lZ3 _ 890527 Page 2 RE: SET SHOW CAUSE HEARING - USR #634 2 . Whether or not the additional uses of the property are material deviations from the plans , in violation of Development Standard #8 , which states that material deviations shall require the approval of an amendment to the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes are permitted . BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 27 , 1990 , at 10 : 00 a.m. , and the hearing shall be held in the First Floor Nearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld Count erk and Recorder ,' and Clerk to the Board C.W. Kirby" , Ch irman tION- RY:� � � ac ncI ns Pro-Tem 1Deputy Count44.c4c21,11 rk APPROVED S TO FORM: ,ene R. Brantner l � ny ,e �6U C.,12,- George y v /K f County Attorney Gor €i .. 1-4 890527 i PROBABLE CAUSE (VC' 9 0 2,1t DATE: June 21, 1989 CASE NUMBER: ZCH-49 USR/SUP NUMBER: Moritz E. and Shelia Baessler ' PROPERTY -OWNER Moritz E. and Shelia Baessler 3505 Holman Court Greeley, CO 80621 LEGAL DESCRIPTION: Lot 17, Sonny View Estates, First Filing, Weld County, Colorado LOCATION: 3505 Holman Court • It is the _opinion of the Department of Planning Services' staff that the following Standards, as approved for USR-634 are not in compliance: Development Standard #4 states: 4. The accessory structure shall not be used as a permanent residential dwelling unit. The Zoning Ordinance defines temporary as being less than 6 months. The accessory structure has been constructed and is being lived in on a permanent basis. Development Standard #8 states: -8. 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 plan and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. She uses of the property have not been limited to the plan's approval and no amendments to the Special Review permit have been approved. 890527 --. ZCH-49 USR-634 Page 2 Development Standard #9 states: 9. 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 le reason for revocation of the Permit by the Board of County Commissioners. The owners of the _property have not complied with -all approved standards. Standards #4, 8, and -9 are not in compliance. 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 July 19, 1989, to consider revocation of USR-634. 890527 SUBSTANTIAL IMPROVEMENT: Any repair, reconstruc- tion, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure tither (a) before the improvement is started or (b) if the crructurs has been damaged, and is being restored, before the damage _occurred . For the -purposes of this definition SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does sot, however, include either: any project for improvement of a STRUCTURE to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a STRUCTURE listed an the National iltgister of historic Places or a State Inventory of Historic Places. SUBSTATION: Any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity which has an incoming or outgoing sower line which is more than 69 KV. T. TANK BATTERY: Onx or more storage tanks which receisf and store oil or gas directly from and as it is produces' ±y a well. TEMPORARY: -Less than six (6) months. THEATER: A BUILDING or STRUCTURE designed for USES such as the enactment of live performances and/or the showing of -motion pictures. THEATER, (RIVE IN: An area and associated STRUCTURES used far the showing of motion -pictures outdoors. THRESHOLD: That imaginary line on the RUNWAY perpendicular to the RUNWAY centerline which marks the useful limit _of the RUNWAY. The threshold of all RUNWAYS is the -physical end of that particular RUNWAY with the exception being -Runway 17 which has its threshold 1,050 feet west of the physical end. U. UNDERLYING ZONING DISTRICT: The zone districts designated on the Official Zoning Map, Weld Lounty, Colorado. These zone districts regulate the hei-ght and bulk of buildings and the use of land in the unincorporated areas of Weld County, Colorado. USE: Any purpose Tar which a STRUCTURE or a tract of land may be designed, arranged, intended, malntained, or occupied; also any activity, occupation, business or 10-22 88052s INSPECTION REPORT NAPE: Moritz E. and Shelia Baessler LEGAL DESCRIPTION OF PROPERTY: Lot 17, Sonnyvi.ew Estates, First Filing, Weld County, Colorado DATE: June 13 CASE NUMBER: ZCH-49 The property was inspected to determine the uses of its structures. The large structure, intended to be used as the _principal dwelling, was inspected first. The outside of the structure appears to be finished. The interior is framed, with some plumbing and wiring installed. Framing is still visible on the floors, ceilings, and walls. This structure is not ready to -be occupied. The accessory structure was inspected next. The east portion is being used to store antique autos, a motor boat, and other miscellaneous items. The west portion is being used am a dwelling. Keith A. chuett Current _Planner 890527 DEPART iv, AT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET pk(1:1: 4111Plit6 GREELEY,COLURADO$0631 c- COLORADO April 14, 1-989 Moritz E. and Shelia Baessler 3505 Holman Court Greeley, CO 80631 Subject: 2CH-49 Dear Mr. and Mrs. Baas-slat: Development Standards placed on your property at the time USR-634 was approved by the Board of County Commissioners are not in compliance. Development Standards #4, 8, and 9 appear to be in violation. The Use by Special Review area must be hrought 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 therm is sufficient probable cause to - warrant -further action, a Shaw 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 ar write. Sincerely, )(faded Current Planner KAS:dn enclosures J7/ 7,5787 88905271 WELD I f P.',!SPECTION DEr-AHiMEN i R GREELEY COLOR4DO.80631 PER. d 1c18 'R• PARCEL NUMI E - 6 Vpa , .LEP HON E3564000:EX.R.• 125- nL' � �i ! �.:; -` \ • �2 yz TELEPHONE NO. 4d '.r I itLtI ' � , L_ . :i.ER .IO .7. . F. . I11 .L I._'"I i`1 ,_:ir., r a5 Tll ,AVE,-. I.;,,,a',v. . . G 1.1 r I E Y 1 C_.O - 1 r . ',.,;. n' . . .. ';'` <...-. . \ ,•'1100 riC'i(l'r L !:i`il I-1... -S._ _ .S'1:....1 F'I..(.1,1D Ii',G ( 1.1i\.!I l:; ff'!(:T 0 Ir.!. - t.I E.c.iT iNG CONTRAIL OR - 1i_L.' N . . • _ . -.-H.. °. . U. jS!' 1 .V.1 r I= , !_: l- -\-I \^, ; . .... ..___.. LICENSE NO. ' ELECTRICAL CONTRACTOR El: I!I_o,.. ELECT ._ ADDRESS OR DIRECTION TO JOB SITE 1 '1 4I' I r i-il 'u i, ,I I E'Y I!T' ON Ia04.CMI 11 - €:OIII - I. ' L ` \ . . t =. — 'S n ; \`I.-\Yv..1`, C SUBDIVISION LOT LOCK L'E TRACT -ZONIN CT - I::. S,' .1. 1 i`; '' `V I I I • I I „ I I' .L I 't 1 - + . �1 --3� _ :.,) %, LEGAL DESCRIPTION -_ (�'"• 1 ZONING \\S-, APPROVAL NCE FROM LOT LINES N` • P. 5 ( ) `I .C. E ? .W l -- (' (� \`DISTA 1 , FS REQUIRED SETBACKS IJ N �J �..,J '}j1 !F ) I� ) l3� W C-7. \��i _ �DA 0 ?.c\ TYPE OF IMPROVEMENT IHE I LL_ Iill, CII .IItsL PROPOSED USE—RESIDENTIAL . .. OWNERSHIP -- .., ',.. . �.. , . .w.�• . ..:._..-__ -... ... . - .. .T\! 1i'1_ -.-IjILI,H ..... l VALUE $ FEE $ _ ` . - \-SFEE _.$ 1;'loHt ALII2:: . N 14'..,. r' .V t�.. ,-S4'.',1-;\.i �\f• :, tji)0 .__ T3. 00 MOBILE HOME ,00 ,\'I ELECTRICAL JOB H!q- li ) ' PLAN CHECK 50:.00 '-A,•�' 1 `2 1t �„� J CONSTRUCTION METER zo .°1,J . OTHER ,_ .0_0 J _ � 1 . PERMANENT METER .00 \1 { . .,RECEIPT NO.• -11C{4)Je _ ... :19 /t3./V.4 " TOTAL._. • • :"i Z-^'T.®6 ye_., :.. M.•\DESCRIPTION OF PROPOSED USE : 1 ' `II r .. : > I 5. IAR A G E 1 0(^X40=40110 t •t1 0X41) I 6,00l .5.1Q (:'1 I r -. W ! IER i,; _ n."!i. -. _:)r!L PIITII r7.LP07.2.ALP W?;L.L S , 1,1-Tl. . [i-' `''l)ixi':J EI;4.T ; •.' i \ \ , J 1111 l _. .,f. �—t).,t,a? F Ip.1F i .;L_I:T ' LIi1f�1. f l . 7 �,I f..;r 1,=;. ( blal _fiti T.Al.. 1 LTS gln 4tc� glop`,,ry l-c_'a_? �ec b 41" � 5-7d '/ `, l/ ' ' / .. Nod- I-o be t(S� at Pe/MANB'w id we 11. Ns jar ret,de ce: CA QI , k 144-44/ 04 .1 Dolt,/i�s sett- deE'we'PRINCIPAL CONSTRUCTION4 /n/-o /e / PRINCIPAL HEATING FUEL TYPE OF SEWAGE DISPOSAL SEPTIC PERMIT TYPE OF WATER SUPPLY „. WELL PERMIT TYPE PERK TEST DONE NUMBER TYPE NAME NUMBER y 'SR; — ‘c.tic ::I ;. I'. }IMF( FOUNDATION - .. NUMBER OF STORIES BUILDING HEIGHT RESIDENTIAL USE ONLY PLOT PLAN ON FILE ' "' BLUE PRINT ON FILE NUMBER OF BEDROOMS Q. NUMBER OF BATHROOMS ACCESS ACRES 890527 FULL 3/4 1/2 ,• t.1 1 I NG HAVE READ THE NOTICE ON THE REVERSE SIDE SIGNATURE OF APPLICANT APPLICATION DATE BEFORE MAKING THIS APPLICATION. _ r •- *ill,f�.aPt- APPROVED BY APPROVAL DATE -. ,v I (LI-2S/e q [;!;;;„X• i2eeurueA u[G1.1.. .. .___ oYim x✓ .sf..... ... ........ _._...._.. v . ,. 1 .fi gg " Tell DEED, Yds tide Sth:l •eFef July W100�'{f[AIIF x ' t., '44 1 ( L 74,beheeme F'g mI JERRE WHITE 111® IIgtA J. WHITS • . ' *S Dolmmeoloep F« I ;� y l: F i a ; 1— dw • o rbef ' Weld . .. ate of cm... Av 8a +S 19I� ,, x '. ..a s" „.1 Ltilaa.da,dwfiat part,and to— (2, ,"}r 'V, 1.4„ .O MORITZ E. BAESSLER AND SHEILA M. BAESSLER • 1,1 c6e, s S ni ) e % )' .a '44 .va dW Oeiabef Weld Tx..' WITNENINTH,that rid leg ad l-QMrdgdthe rW parts , 'r pert d the!AN pare re W In asaeidsratlme d the o ef w + '}� - N OTHER GOOD AND VALUABLE CONSIDERATIONS AND TEN C T ! 'DOLLAR& ,0 f irw' ' 7 < c to the geld pet ies d the first pet la had per by the said parrs d the send barn tbe main whole Y 0 r' _ $ :, sax s `' . 0 herb?rand and Warws oenfl, �a the rid rid w err..,th w b tang presents de o �� ', t '4i Methdtheemdpees,rW 6tlnW Wgas Lrrewr,set 0 ;#). `Mingle ear bet b:let tearer,all the following dashed bt or peed el lad,dray,brit dad .� ,� a . County d Weld and Stale ef Coloreds,es wan: ' r tt + 4. to (� C �ti. air Lot Seventeen (17), SONNY VIEW ESTATES SUBDIVISION FIRST FILING, a N *S.'r+si w. d } ,,. � subdivision being a part of the S 1/2 of the SW 1/4 of Section 24 and J r` b ,, 2 part of the E 1/2 of the SE 1/4 of Section 23, all in Township 6 North, e� ` 4y :1 of Range 66 West of the 6th P.M., Weld County, Colorado. met A li Qb ye de -I- 19 Protective Covenants recorded July 25, 1972 in Book 672, Reception No. 1, � . 1594261. i r'4l w '. TOGETHER with all ad Sagan the bwedkoaat and yxappeeraneea reread MMasleg, or b anywise C 1 F eyrbiInp the merits. and re. ..L ,remdnder sad raardse,tray,err and pear thereof:w all the }4i, y.P 7 seer. lint USo, bdet, dais sad dyad whenever of the meld part les if the firm Part,either in in or r'N" Fe a"F ran ef.In ad to the above bargained.gay,with IM beredirrrr and Ns • &1 TORSI?!AND TO HOLD the add praises above bergatad end deerAd,with the appurtenener,nab the said E9 l - Partin ef the reed part,their ben ad rdgoo forever.And the said part ies of the first '">. '.pee to them ( ^#., ad yes ,their din,newt.,w adsdobramr do errant gran bargain w agree te w with the said parties d the red yarn their ban and send that at the tee of the_—aliag w delivery of nee pre- Titi`; Ys,, on are well read of the prandial abase soave d, rat good. no perteet, ahedar and Indefeasible '. El.; ease ef InhrlMsy he law.In fit simple,and be ye god right.full power ad lawful eatherity to den bar- ". q'� Pie,sell end ern the ear in meaner W tors atone eld,and that the see an free and clear hem all former .y W ouster garb,bargain,edr,Bens,knee,aeesoear and eamenbnner of whatever kind or satin der. , except the 1974 general taxes due and payable in 1975, which have been adjusted ll* " and which parties of the second part agree to pay and all subsequent years, furth subject to restrictions, reservations and easements of record, if any,including.. ad the above bargained premier In the •.J. diet w reeds pond=of the said parties of the rear pert,their every pare r peas ' i-� t .. heir W aWps,against d and lawfully elefmrg or b eldm the whole or any part thereof, IA- the said parties of the Ant pert shall and will WARRANT AND FOREVER DEPEND. "to i'yti"*":.- IN WITNESS WHEREOF the meld pot lee of the have here me set theirhead s w rd" v. seal the day ad year first Jove written. L 1`15 , Ebed.Eseld W Derveed la the Prsena d I. / _— $ It' ERRE WHITE «L) PI 4 4rNb�}1t./iCN_...._._.._._�__(serl) + IRMA J. wEITE a err' ✓✓✓____.._._ ___._. ....____(SEAL) ?. ,* ;y STATE OF COLORADO, . M.Ipais*ef Weld �a H .. ! 111111 ,} r �+ IP v ••••.••• bttt�rrt wan anowleded before re this Sth der ef July ill IS7* �_ Ri 4HITE AND IRMA J. WHITE r } g f 9vr it ,le .WIIna d aid other' •',t " ''la'. ti r t4•.y Qssion expiros Da:, 14, 1914. �, �7Q — r";i ' ' ,5h ^ l7 , 3 (.1.a � 890527 �' wa pal.wa�asrr ssan—se salmi•--� --prmers u..stereos sear ewe e....n aa..s. —au April 26, 1989 Dear Keith, It was nice meeting you. You asked me to send a letter explaining our situation. The reason we are not yet moved into the main house, is we were involved in a car accident in which the complications from my injuries nearly resulted in my Meath. Because of my being incapacitated we were unable to _complete our home. However, -because Ted had the craftsmen end design work complete he was able to continue on the exterior. Because of my injuries I was unable to complete the necessary tasks as an Interior Designer for the interior. Beings our home is a reproduction of a French Mason' of centuries ago, a great deal of time must be taken to do historical research, designing and plain old hoofing it to find craftsmen and artisans who are capable of doing the quality of work needed. Needless to say it is taking longer than most homes! Examples of some interior details. Medalions, imported marble, green onex, stress chandeliers imported from Austria. Handmade leaded and beveled glasswork. Hand masted domes and fret work, cornice boards, crown molding, plimph blocks, pateras, will be made to our specifications. Also a number of castings will be guilted in 24 caret gold. Lincresta imported from Belgium, rugs that again will be hand made to my own designs and colors imported from China (estimated to take 10 to 11 months to make) , this going into the parlor. Ted is designing the knives for the woodwork that goes to a quarter million dollar milling machine. These are exclusively ours. The flooring in the keeping room will come oTf the roofs of homes in the New England States, minimum 100 years nld. The kitchen cupboards will be made from watauled walnut with copper insets which will be hand tin punched with the names, birth and Meath dates, country and province of Ted and my ancestors. 1 now have my side researched back to 1702, Germany and Ireland, Teds 1796 from France and Holland. The marble for the powder room is from Italy which has been completely mined out (there is no more) . As an example of the time it takes: The widows iaalk, _corbels, dentils, vergeboards, finials on the exterior took Ted over 1 1 /2 years to design, craft, paint and install. This does not include the time it took to research these historical architectural details or to find the craftsmen to make these items. It took Ted and I five years oT planning our home and platting it on the acrage down to the most 890527 < C minute detail before we began Construction, -also owning -the acrage 12 years before we began construction. Our home is a life long dream of which we ace very proud! I guess all we can do is assure you that mow that I've nearly recovered fzom my injuries we are diligently going forward with the xompletion of Jour home. We had absolutely no intentions of staying where _we are for this length of time nor do we want to be living in a small are as we are now. We are very anxious to get moved. Please feel fsee to call if you have any -questions. Yours truly, /4 890527 CS � DEPA& ENT OF PLANNING SERVICES itt-HPHONE(303)356-4000 EXT.4400 315 10th STREET GREELEY,COLORADO 80631 COLORADO April 25, 1989 Mrs. Morita E. Baessler 3505 Holman Court Greeley, CO 80631 Subject: ZCH-49 - Development Standards approved for USA-634 are not in compliance on a parcel of land described as Lot 17, Sonny View Estates Subdivision, First Filing, Weld County, Colorado. Dear Mrs. Baessler: The purpose of this letter is to summarize the different points which were discussed during our conversation on April 20, 1989. The action which needs to be taken to bring the approved Special Review permit into compliance is: 1 . The accessory structure over 1,500 square feet is not to be used on any basis as a dwelling or as overnight or temporary housing for any person. All items appurtenant to such use are to be removed from the structure or dismantled. No extension of time can be granted by the Department of Planning Services' staff; however, a letter could be entered into the record, tc explain the circumstances behind the present uses of the property. If this office can be of any assistance in clarifying or answering further questions concerning this matter, please telephone or write. Respectfully, tee e Keit A. Sc uett Current Planner KAS:rjg 890527 SUMMARY Dr -THE WELD COUNTY PLANNING COMMISSION MEETING June 1-9, 1984 A regular meeting of the Weld County -Planning Commission was held on June 19, 1984, at 1:30 p.m. in the County -Commissioners' Hearing Room, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Bob Ehrlich. Tape 165 — Side 2 ROLL DALL Lydia Dunbar Present Doug Graff Present Paulette Weaver Present Sharon Linhart Absent Bill McMurray Present Louis Rademacher Present Jack Holman Absent - Called in Bob Ehrlich Present Also present: Rod Allison, Current Planner II, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. CASE NUMBER: I7SR-634:84:29 APPLICANT: Ted and Sheila Baessler REQUIST: A Use by Special Review Permit for an Accessory -Building greater than 1,500 square feet in the Residential-One "R-1" Zone District LEGAL DESCRIPTION: Lot 17, Sonny View Estates, first Filing LOCATION: Sonny View Estates; north and adjacent to Holman Court, west of 35th Avenue _APPEARANCE. Ted and Sheila Baessler, property owners and applicants, -explained this request is -fora garage for their private use to work on and to restore antique autos. -They currently have fifteen antique autos which would be stored here. - - - Lee Morrison explained, to the applicants, any physical evidence given to the Planning -Commission, i.e. , blueprints, pictures, etc. , must be kept with the file as evidence. However, a set of blueprints of the garage is on file with the Building Inspection Division which are identical to the ones shown, with the exception of the Architectual Committees' signatures. NOTICE: 1:40 p.m. , Sharon Linhart is now present Tape 166 - Side 1 ₹80527 Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 2 Mrs. Baessler told the Planning Commission they plan to live in a portion of this garage temporarily until their house is built. Rod Allison explained the Zoning Ordinance states an accessory building cannot be lived in. Also, recreational vechil-es used as living quarters need a Zoning Permit for a Mobile Home, and this is not allowed in Residential one Zoning. The only recourse, as far as the Zoning Ordinance is r:oncerned, is that the house be built first and they can live in the basement temporarily, or the wording of the Zoning Ordinance needs to be changed, which is a time consuming project. Lee Morrison -explained there was a leeal matter which should be explained to t ne Planning Commission. -He would _in-no way influence the Planning Commission members in making a decision for or against this request. Ali explanations would be on a strict attorney-client relationship. The Chairman asked the members of the Planning Commission if they would like to go into Executive Session. The Planning Commission members agreed unanimously. The Chairman called an Executive Session at 2:10 p.m. The Chairman reconvened the meeting -at 2:15 _p.m. The Chairman asked -Rod Allison to read the recommendations of the Depart- ment of Planning Services staff and the Operation Standards, as outlined by the staff into the record. The Chairman called for discussion from the audience. Thera was none. MOTION: Sharon Linhart moved Operation Standard number four (#4) be amended to read as follows: "The accessory structure shall tot be used as a Permanent residential dwelling unit." Motion seconded by Paulette Weaver. The Chairman called far iiscussion from the members of the Planning Commis- sion. _Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commis- sion for their decision. Paulette Weaver — yes; Doug Graff - No, because of the way he understands the interpretation of the Zoning Ordinanc-e this would allow the garage to be used as a temporary _dwelling six months this year; six months -next year, and six months for every year -thereaft-er. Lydia Bunbar - yes; Sharon Linhart - yes; Bill McMurray - yes; Louis Rademacher - yes; Bob Ehrlich - yes. Motion carried with six voting for the motion and one voting against the motion. 880527 Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 3 MOTION: Sharon Linhart moved Case Number USR-634:84:29 for Ted -and Sheila -Baessler for a Use by Special Review Permit for an Accessory Building greater than 1,500 square feet in the Residential-One -Zone District be forwarded to the Board of County Commissioners with the Planning Commission's recom- mendation for approval based upon the recommendations of the Department of Planning -Services staff and the Operation Standards, as amended by the Planning Commission. Motion seconded by _Paulette Weaver. 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. Paulette Weaver — yes; Doug Graff - No, for the reasons given on the amendment. Lydia Dunbar - yes; Sharon Linhart - yes; Bill McMurr-ay — yes; Louis Rademacher - yes; Bob Ehrlich yes. Motion carried with six voting for the motion and one voting against the motion. CASE NUMBER: USR-636:84:32 , APPLICANT: Siegrist Construction Company: c/o Keith A. Farrar REQUEST: A Use by Special Review Permit for an Open-Cut Wet-Sand and Gravel Tit LEGAL DESCRIPTION: Part of the NW`4 and SW4 and SE%, Section 2, T2N, R68W of the 6th -P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles northwest of Firestone; north and adjacent to Weld County Road 24 and east of the I-25 Frontage Road. APPEARANCE: LaVerne Nelson, Nelson -Engineers, reported this application has been filed with the Colorado Mined Land -Reclamation Board. This is approxi- mately a 215 -acre site. _Phase One, as designated on the plat, will use Weld County Road 24-1/2 as the haul route. -Phase Two and Three will use Weld County Road 24 as the haul route. Most of the productsfrom this site will be used in Weld County and the Denver area. There will be arockcrushing and asphalt batch plant at this site. They are currently working on a water augmentation plan with District Six Water Users and they do have to comply with the State's recommendations. He also explained their Mans far -reclamation which will be a wildlife preserve and recreation area. The Chairman called for discussion from the audience. Tom Lynch, Division of Wildlife, stated they have no objections to this request. They have reviewed the reclamation plans and would prefer a grade on the reclaimed site of no steeper than 3 to 1. 890527 Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 4 Neil Peters, Attorney, Amoco Production Company, stated they are the leaseholders for the oil rights in this section. They have no objections to the proposal as long as their lease is honored and they would be able to access to their wells at all time. They would ask that any changes be referred to Bill Rae, Amoco Production Company in Denver, and that a two hundred feet area around each well site be left for them to maintain their wells. Kenneth Neff, Panhandle Eastern Pipe Line Company, stated they are currently working with Nelson Engineering and Siegrist Construction Company to move a pipeline they have in the area. They would like to make sure the pipeline is protected in all future operations. Rod Allison explained this area is in the Agricultural Zone District and extraction of oil and gas is a Use by Right in the Agricultural Zone District. Mr. Nelson stated they do not intend to supercede any rights of the oil companies. They intend to work with them and they intend to -provide the lease holders room to service their wells. She oil companies have a prior right and they intend to honor these rights. The Chairman asked the applicant if the recommendations of the Department of Planning Services staff and the Operation Standards had been reviewed and if they had any objections to anything as stated. He stated they had no objections. Rod Allison reported the staff has made two changes to the Operation Standards as follows: 3. "Vehicular traffic shall be limited to two (2) points of ingress and egress. One (1) entrance and haul route shall be Weld County Road 24 west of State Highway 119. The second entrance and haul route shall be Weld County Road 24-1/2 west to Interstate 25 _Frontage Road." 4. The property owner's and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137 prior to extraction of sand and gravel. A copy of the well permit shall be for- warded to the Department of Planning Services." The Chairman asked Mr. Nelson if he objected to these additions. He did not. The Chairman asked that reading of the recommendations of the Department of Planning Services staff he _dispensed with, and that they be -filed with the summary as a permanent record of these proceedings. 890527 Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 5 MOTION: Doug Graff moved Case Number USR-636:84:32 for Siegrist Construction Company for a Use by Special Review Permit for an Open-Cut Wet-Sand and Gravel Pit 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 Operation Standards, as amended by the staff. Motion seconded by Louis Rademacher. 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 Commis- sion for their decision. Paulette Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Sharon Linhart - yes; Bill McMurray - yes; Louis Rademacher Yes; Bob Ehrlich - yes. Motion carried unanimously. CASE NUMBER: USR-635:84:31 APPLICANT: Donald Altergott REQUEST: A Use by Special Review Permit for an Expansion of a Farm Implement Store LEGAL DESCRIPTION: Part of the NEI , Section 10, TIN, R63W of the 6th P.M. , Weld County, Colorado LOCATION: Prospect Valley; south of State Highway 52 and west of Weld County Road 69 APPEARANCE: • Don Altergott, owner and applicant, stated he is the owner of Prospect Implement Sales and Service. They have previously had two buildings. One of these buildings has deteriorated to the point that it should be abandoned. They want to add a fifty by one hundred and ten foot building to the block building and tear down the old wooden building. They would like the frontage to run even from the highway. He has approximately three acres at this site. The Highway Department is asking for a one hundred (100) font reservation for future dedication, but the existing building is fifty-five feet from the center of the road. Lee Morrison explained the difference between reservation and dedicaiton. Tape 167 — Side 1 The Chairman called for discussion from the audience. Larry Hall, Landmark Builders, appeared in support of this request. The Chairman asked Rod Allison to read the recommendations -of the Department of Planning Services staff and the Operation Standards, as outlined by the staff into the record. 890527 Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 6 MOTION: Bill McMurray moved USR-635:84:31 for Donald Altergott for a Use by Special Review Permit for an Expansion of a Farm Implement Store be forwarded to the Board of County Commissioners with the Planning Commission's recommenda- tion for approval based upon the recommendations of the Department of Planning Services staff and the Operation Standards, as outlined by the staff. Motion seconded by Doug Graff. The Chairman called for discussion from the members of the Planning Commission. Alternate ways of being able to comply with the Highway Deps__tent's request and the request of the applicant to have an even store front were discussed. The Planning Commission is simply acting on a request to expand an implement store and can do nothing about setback requirements. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Sharon Linhart - yes; Bill McMurray - yes; Louis Rademacher - yes; Bob Ehrlich - yes. Motion carried unanimously. The meeting was adjourned at 3:20 p.m. Respectfully submitted, Bobbie Good Secretary rjg/ 830527 Hello