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Home My WebLink About860886.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN ACCESSORY BUILDING LARGER THAN 1 ,500 SQUARE FEET IN A PLATTED SUBDIVISION AND A HOME BUSINESS (TOOL AND DIE SHOP) - S & M MANUFACTURING, INC. (H.W. AND DONNA M. MUELLER) 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 10th day of September, 1986 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of S & M Manufacturing, Inc. (H.W. and Donna M. Mueller) , 3348 Weld County Road 4 , Erie , Colorado 80516 , for a Use by Special Review for an accessory building larger than 1 ,500 square feet in a platted subdivision and a home business (tool and die shop) on the following described real estate , to-wit: Lot 2 , Block 2 , Ranch Eggs Subdivision , 2nd filing , located in the NW' , Section 34 , Township 1 North , Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed , finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4. 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. 860886 Page 2 RE: USR - S & M MANUFACTURING, INC. b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed used does not interfere with agricultural activities in the area or the County, and as a ZJse by Special Review the activity can take place in the district. c. 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 building larger than 1 ,500 square feet in a platted subdivision and a home business (tool and die shop) on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Within seven days of final approval by the Board of County Commissioners , the applicant/operator shall obtain all required building and electrical permits for the Use by Special Review site. 4. Within fifteen days of final approval by the Board of County Commissioners , the applicant/operator shall obtain a Certificate of Occupancy for the accessory building. 860886 Page 2 RE: USR - S & M MANUFACTURING, INC. The above and Foregoing Resolution was, on motion duly made and seconded, adopted by -the following vote on the 10th day of September, A.D. , 1986 . ;F upntni BOARD OF COUNTY COMMISSIONERS ATTEST: , y�, WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the $ d J:cqu:; ' n son hairman 1 / o Lack, ' � Tem D putt' County rk i APPROVED AS TO FORM: - . Bra t er /7<<� : C.W. . irby y County Attorney i% .1i12/ 1l1/ Frank Yam uchx 86088€ DEVELOPMENT STANDARDS S & M Manufacturing, Incorporated (H.W. and Donna M. Mueller) USR-749: 8{: 33 1 . The -Use by Special -Review -permit is for an accessory building larger than 1 ,500 square feet in a platted subdivision , and a home business (tool and die shop) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . The Use by Special Review activity (tool and die shop) shall be conducted exclusively within the accessory building. _Outside storage of items associated with the Use by Special -Review activity shall not be allowed. 3 . The Use by Special Review permit shall not be transferrable to -any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 4 . All constructi-on done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5 . The property owner or operator shall be responsible for complying with the -Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 6. The -property owner or operator shall be responsible for complying with the Operation St-andards of Section 24 . 6 of the Weld County Zoning Ordinance. 7 . Personnel from the Weld County -Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried cut on the property comply with the Development Standards stated herein and all applicable Weld County -Regulations . 86088- Page 2 DEVELOPMENT STANDARDS - S & M MANUFACTURING, INC. 8 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards ars permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. 860886 HEARING CERTIFICATION DOCKET NO. 86-57 RE: USE BY SPECIAL REVIEW FOR AN ACCESSORY BUILDING LARGER THAN 1,500 SQUARE FEET IN A PLATTED SUBDIVISION AND A HOME BUSINESS (TOOL AND DIE SHOP) - S & M MANUFACTURING, INC. (H.W. AND DONNA M. MUELLER) A public hearing was conducted on September 10, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated August 27, 1986, and duly published August 28, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of S & M Manufacturing, Inc. for a Use by Special Review for an accessory building larger than 1 ,500 square feet in a platted subdivision and a home business (tool and die shop) . Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. She said thi-s application is subject to four Conditions and nine Development Standards. H.W. Mueller, one of the applicants, came forward to answer questions of the Board. Those coming forward to speak favorably of this application were: Adolf Furrer; -Rob Fortner; Bill Christian; Maria Meng; Gene Woznick; and Frank Curtis. Commissioner Lacy moved to -approve the Use by Special Review for an accessory building larger than 1,500 square feet in a platted subdivision and a home business, subject to the recommended Conditions and Development Standards. Seconded by Commissioner Yamaguchi, the motion carried unanimously. This Certification was approved on the 15th day of September, 1986. APPROVED: !f �� ` BOARD OF COUNTY COMMISSIONERS ATTEST: 12rm.�ti WELD COUNTY, COLORADO Weld County Cler-k and Recorder and Clerk to the Boar J.cque e J . .airman v / • eputy County Cler G. :_ 's'V ac, ro✓m ene R. irantner X/ ,( C.W. Y it Frank Yamaguch TAPE #86-66 DOCKET #86-57 PL0075 J / t ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : SEPTEMBER 10, 1986 DOCKET # 86-55 USR-LIVESTOCK CONFINEMENT OPERATION - GEORGE & ORVILLE GOODELL DOCKET # 86-57 USR-ACCESSORY BUILDING & HOME BUSINESS - S&M MANUFACTURING (MUELLER) DOCKET # PLEASE write or print legibly your name , address and the DOC 7 (as Listed above) or the applicants name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING e Pew A LL ER ' ,C -W/c>0; 1 IteAcS dr& av /4) 4' 2 , 0zlb'Lc/c, /9771 fray 12.5 t) $ite 6 C" ai. 6_41 Ode II U1 1 )2/bevy r' , Gr e/lck )1 /0, C. fh :74, le ('// J-� {G( )11— ti NOT I C E 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 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 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. 86-57 S & M Manufacturing, Inc. (H.W. and Donna M. Mueller) 3348 Weld County Road 4 Erie, Colorado 80516 DATE: September 10, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Accessory building larger than 1 ,500 square feet in a platted subdivision and a home business (tool and die shop) LEGAL DESCRIPTION: Lot 2, Block 2, Ranch Eggs Subdivision, 2nd filing, located in the NWT of Section 34, Township 1 North, Range 68 West of the 6th P.M. , 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: August 27, 1986 PUBLISHED: August 28, 1986, in the Johnstown Breeze _ f ix :77- '7 kx'y it u NOTICE ' Pursuant to the zoning laws of the State of Colorado and the AFFIDAVIT OF PUBLICATION unM Jnnl a�ulAr ng the ppilM ommisslon of eld County, Colorado, Weld-County THE JOHNSTOWN BREEZE Centennial Center, St 1Oth ---Street - First Floor, eley, STATE OF COLORADO 1 0 rondo, at the time led I SS All persons in any nner interested in the Use by Special COUNTY OF WELD 1 Revew are requested Kr attend and may be heard I, Clyde Briggs, do solemnly swear that I snout me applicant Or any inbound am publisher of The Johnstown Breeze; died party dent. the that the same is a weekly newspaper presence of a court repel* to printed, in whole or in part, and published make a record of Mb Cee In addition to thpad in the County of Weld, State of Colorado, kb the heann will be tept o and has a general circulation therein; that Board's Office can be oonacted said newspaper has been published fora bat of court reporters in the area. ff a court retorter is continuously and uninterruptedly in said obtained,the eadvis the Speed's County of Weld for a period of more than of Office such action at leeas�bays fifty-twofifty-two consecutive weeks prior to the prior to the hearing.The`tiaet of 1sdagins a court reporter shall first publication of the annexed legal notice be borne by the requesting,party. or advertisement; that said newspaper has BE IT ALSO KNOWN that the been admitted to the United States mails as Weldand mope so certified OPI the second-class matter under the provisions of Weld County Planning Qom t e- p Won may be eeaminedla the the Act of March 3, 1879, or any office of the Clerk to the board of ---seenty—Conaisalonere4pcbt ed amendments thereof, and that said in the Weld Coonty Cbberinlal newspaper is a weekly newspaper duly-+.ramerv-vw 4WItt-•Street,-.Third Floor, Greeley, Colorado. qualified for publishing legal notices and .-66b'gr.No.-a8-87 advertisements within the meaning of the APPLICANT laws of the State of Colorado. S & M Manufacturing, Inc _Lti. W. and Donna M. Mueuert _ That the annexed legal notice or advertise- 33e8 Weld county Road a ment was published in the regular and Erie, Colorado 80818 entire issue of every number of said weekly DATE: September 14 1988 newspaper for the period of f... consecu- TIME: 2:00 P.M. tive insertions; and that the first REQUEST: Use by Special publication of said notice wirs.jl1the issue (G Review - Accessory building said newspaper dated $ A.D. ib.C., platted bdivison and feet home and that the last publication of said notice business (tool and die shop) was in the issue of said newspaper dated LEGAL DESCRIPTION: Lot 2, A.D. 19 Block 2, Ranch Eggs Subdivision, In witness whereof I have liereudp o set 2nd filing located in the NW of Section 3g., Township 1 N'pprth, my han this 2P-{ day ol'Ct«, Range 68 West of the fah.PM,weld A.D. 19.County, Colorado-,r BOARD OF COUNTY COMMISSIONERS �// WELD•COUNTY, / COLORADO • C/ :(21-5 Publisher BY: MARW ANN FEUEMCOUNTY CLERg TAENID RECORDER AND CLERK TO THE BOARD Subscribed and sworn to before me, a BY: Mary-Reiff, DePuty Notary Public in and for the County of DATED: August 27, 1988 Weld, State of Colorado,this ....:-`2.7.. day of PUBLISHED:August 28, 1988,in , ,,Way .:QJ!.—... A.D. 19c��.fe.. the Johnstown Breeze 6 Notary Public. My commission expires ilirtailnPil;s7 �xpres")une.94z.l+r67Avenue• • Rp` a AFFIDAVIT OF PUBLICATION 43, State of Colorado County of Boulder Brad E . Zimmerman ,do NOTICE Pursuant to the zoning laws of the State of Colo- solemnly swear that the LONGMONT DAILY TIMES CALL is a redo and the Weld County Zoning-Ordinance, a daily newspaper public hearing will be held in the Chambers of the Yprinted, in whole or in part, and published in Board of County Commissioners of Weld County, 'Colorado, Weld County Centennial Center, 915 the City of Longmont, County of Boulder, State of Colorado, and 10th Street,First Floor,Greeley,Colorado,at the time specified.All persons in any manner inter- which has general circulation therein and in parts of Boulder and ested In the Use by Special Review are requested to attend and may be heard. Weld Counties; that said newspaper has been Continuously and Should the applicant or any interested party de- sire the presence of a court reporter to make a uninterruptedly published for a period of more than six months record of the proceedings,in addition to the taped record which will be kept during the hearing,the next prior to the first publication of the annexed legal notice of Clerk to the Board's Office can be contacted for a list of court reporters in thearea. If-a court re- advertisement, that said newspaper has been admitted to the porter is obtained,the Clerk to the Board's Office shall be advised in writing of such action at least United States mails as second-class matter under the provisions five days prior to the hearing.The cost of engag- ing a court reporter shall be borne by the request- of the Act of March 3, 1879, or any amendments thereof, and that ing party.rt reporter shall be borne by the is a doll news a er BE IT ALSO KNOWN that the text and maps so said newspaper y p p duly qualified for certified by the Weld County Planning Commis- sion may be examined in the office of the Clerk to publishing legal notices and advertisements within the meaning the Board of County Commissioners, located in thof the laws of the State of Colorado; that a copy Street, Weld County Floor, l Centennial ord, 915 10th of each-number of DOCKET Third 5,Greeley,Colorado. said newspaper, in which said notice of advertisement was APPLICANT ULM published, was transmitted by mail or carrier to each of the (H.W.and DonnManufacturing,M. lleri 3340 Weld County Road 4 subscribers of said newspaper, according to the accustomed Erie,tolorado 80516 MATE: September 10,1986 mode of_business in this office. TIME: 2:00 P.M. REQUEST: Use by Special Review—Accesso- ry building larger than 1,500 square feet in a That the annexed legal notice or advertisement was published platted subdivision and a home business(tool and die shop) 1EGAL DESCRIPTION: Lot 2,Block 2,Ranch in the regular and entire edition of said-daily newspaper-once; -Eggs Subdivision,2nd filing,located in the N W Va of Section 34,Township 1 North,Range 68 West of the 6th P.M.,Weld County,Colorado and that one publication of said notice was in the issue of said BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO BY: MARY ANN FEUERSTEIN newspaper-dated September 4 , 19 86, COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff,Deputy Published in the Daily Times Call, Longmont, Colo.Sept.4,1986. Business Manager Subscribed and sworn to before me this 4 t h day of September ,19 86 L �'f otary Public to7AgY 9 My Commission Expires October 6, 1989 FEE$ z 5 , s o 717 - 4th Avenue %euc Longmont Colorado 80501 DATE: August 27, 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 10th day of September, 1986 , at 2: 00 P.M. Docket No. 86-57 - USR, Accessory building larger than 1 ,500 square feet in a platted subdivision and a home business (tool and die shop) - S & M Manufacturing, Inc. (H.W. and Donna M. Mueller) OFFICE OF THE CLLEE TO THE BOARD BY: 0;e2giy7, / ) p Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (111,' „ -- X///R,T D Summary of the Weld County Planning Commission Meeting August 19, 1986 Page 5 The Chairman asked the Secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - Yes; Dcug Graff - No, because he has seen, over the past year or two, some fairly difficult situations that have come to use from this particular subdivision. As he reviewed the standards, by the letter of the law, maybe this application does not fit each and every category, but certainly there -are a lot of them that it does fit. It can be and has been compatible with the existing and surrounding things that are going on out there. There have been provisions for the health, safety, and welfare of the inhabitants and the neighborhood. There are a number of these items that it does fit into, and there are some that it does not. Based on what he feels to be happening in this area, he has to vote no. Louis Rademacher - No, he agrees with Doug Graff. Also, he did an' on-site inspection on this request. There are many vacant chicken houses sitting in the subdivision. If they can't make a living raising chickens, maybe they can put the buildings to another use. It may be that the zoning will have to be changed. Jack Holman - Yes, because of the fact that it is still zoned agricultural we really can't allow industrial or commercial uses in the subdivision. These should be somewhere other than in an agriculturally zoned subdivision. He does agree that the area is going to have to change, but we are going to have to leave it up to the people in the area to request a change of zone to accommodate these type of business before we should allow industrial operations in there. He agrees with Lynn Brown, that once we allow -commercial/industrial types of uses in the subdivision there would be no end to how many other places would request these types of businesses. Motion carried saith three voting for the motion and two voting against the motion. CASE NUMBER: USR-749:86:33 APPLICANT: S & M Manufacturing, Inc. , (H.W. and Donna M. Mueller) REQUEST: Use by Special Review permit for an accessory building larger than 1,500 square feet in a platted subdivision and a home business LEGAL DESCRIPTION: Lot 2, Block 2, Ranch Eggs Subdivision, Second filing: NW} of Section 34, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles east of Erie; west of I-25 and north of Weld County Road 2 APPEARANCE: H. W. Mueller, property owner and applicant, reported he has a tool and die shop which has been in production for about three years. His daughter is his only employee other than himself. .> E.{Hi8/T Summary of the Weld County Planning Commission Meeting August 19, 1986 Page 6 • Debbie deBesche explained that there is a definite difference between this case the previous case because this case does fall into the Weld County Zoning Ordinance definition of a home business and as a use by special review can take place in the agricultural zone district. Lee Morrison stated a home business is a business conducted by the residents of the home. If there were two outside employees this would be in the same category as the furniture business. The Chairman called for discussion from the members of the audience. Billy Christian, surrounding property owner, is in favor of this request. Chuck Portz, surrounding property owner, spoke in favor of this request. Richard Sheetz, surrounding property owner, stated the Mueller's and their business are a real asset to the neighborhood and the area. Adolph Furrer, surrounding property owner, is in favor of this request. There is no noise, no smell, and no traffic with this business. Small business, such as this, are the backbone of this country. Also, businesses such as this do not depreciate property values and small businesses are badly needed in this area. Maria Meng, 'surrounding property owner, The Mueller's property is one of the most attractive residences in the area. There is no odor, noise, or traffic. Tape 248 - Side 2 Frank Curtis, surrounding property owner, has to agree this is a good clean business, and many people in the area have backyard business. Debbie deBesche reported she had received a letter from the Lauer's, surrounding property owners, and they object to any change of zone without the people in the area knowing about it, but they do not object to this Use by Special Review permit being granted. The Chairman asked the applicant if he had reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. He stated he has and has no objections to anything outlined. The Chairman asked Debbie deBesche to read the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff into the record. Summary of the Weld County Planning Commission Meeting August 19, 1986 Page 7 Doug Graff moved USR-749:86:33 for S and M Manufacturing, Inc. , (H.W. and Donna M. Mueller) for a Use by Special Review permit for an accessory building larger than 1,500 square feet in a platted subdivision and a home business 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 -heard by the members of the Planning Commission. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed regarding the differences between the two cases heard today in the Ranch Eggs Subdivision. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - Yes; Doug Graff - Yes; Lynn Brown - No, because she has concerns that we are splitting hairs here, and the underlying issue 'of utilization of this area really has not been addressed. Therefore, she must vote no for the same reasons she voted no on the Christian request. Louis Rademacher - Yes; Jack Holman - yes. Motion carried with four voting for the motion and one voting against the motion. The Chairman declared a break at 3:10 p.m. He announced that upon reconvening the meeting the last item on the agenda, USR-750:96:30 for Tom M. Sugihara would be heard next because of the number of people in the audience who are waiting for this case to be heard. The Chairman called to meeting to order again at 3:17 p.m. CASE NUMBER: USR-750:86:30 APPLICANT: Tom M. Sugihara REQUEST: Use by Special Review permit for a single family residence and a greyhound kennel LEGAL DESCRIPTION: Part of the NW} of Section 14, T2N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles northwest of Fort Lupton; south of Weld County Road 22 and west of Weld County Road 23 APPEARANCE: Tom Sugihara, applicant, stated this is a fifty acre parcel of land which is in the center of the section. He has taken an option on this land for a greyhound kennel, primarily because of its isolation factor and because there are no residences on three side of the property. He plans to raise greyhounds on this site and pass them on to be trained. He will then lease them to someone who will race them. His plans are to build a twenty by one 1 P + ,,.,..,, „ry.z.iiyq,J.:-?"''''" BEFORE THE WELD COUNTY, COLORADO PLANNING COMMIS 1 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY ‘QMMISSION 1 cpl0 Moved by Doug Graff 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: CASE NUMBER: USR-749:86:33 NAME: S & M Manufacturing, Incorporated, (H.W. and Donna M. Mueller) ADDRESS: 3348 Weld County Road 4, Erie, Colorado 80516 REQUEST: Use by Special Review permit for an accessory building larger than 1,500 square feet in a platted subdivision and a home business (tool and die shop) . LEGAL DESCRIPTION: Lot 2, Block 2, Ranch Eggs Subdivision, 2nd filing, located in the NW} of Section 34, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles east of Erie, west of 1-25, and north of Weld County Road 2. 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 chat the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on the continued agricultural use in the vicinity or County. .The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with agricultural activities in the area or the County, and as a Use by Special Review the activity can take place in the district. - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 4,,t,B,7 73 S & M Manufacturing, Incorporated USR-749:86:33 Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be aaopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within seven (7) days of final approval by the Board of County Commissioners, the applicant/operator shall obtain all required building and electrical permits for the Use by Special Review site. 4. Within fifteen (15) days of final approval by the Board of County Commissioners, the applicant/operator shall obtain a Certificate of Occupancy for the accessory building. Motion seconded by Louis Rademacher. VOTE: For Passage Against Passage Lydia Dunbar Lynn Brown Doug Graff Louis Rademacher 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. S & M Manufacturing, Incorporated USR-749:86:33 Page 3 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution ib a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on August 19, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 20th day of August, 1986. C \e o� Bobbie Good 1 Secretary DEVELOPMENT STANDARDS S & M Manufacturing, Incorporated (H.W. and Donna M. Mueller) USR-749:86:33 1. The Use by Special Review permit is for an accessory building larger than 1,500 square feet in a platted subdivision, and a home business (tool and die shop) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated -hereon. 2. The Use by Special Review activity (tool and die shop) shall be conducted exclusively within the accessory building. Outside storage of items associated with the Use by Special Review activity shall not be allowed. 3. The Use by Special Review permit shall not be transferrable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the proprty to others for operation of the facility. 4. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5. The property owner or operator shall be responsible for complying witn the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with ail of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. ADDITIONAL COMMENTS S fi M Manufacturing, Incorporated (HW and Donna M. Mueller) USR-749:86:33 In a letter dated July 24, 1986, Henry M. Epstein, Director of Community Development, from the Town of Erie recommended denial of this request. The Department of Planning Services Staff feels that this proposal does fall under the Weld County Zoning Ordinance definition of Home Business and as a Use by special Review can take place in the Agricultural Zone district. I have attached a copy of the home business definition tor you. The property is located in the geological hazard area, however, it is not in a subsidence hazard area. f INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION • Case Number (. 4) 7491X,..1-O Submitted or Prepared Prior to Hearing ri At Hearing 1. Application 72 Pages 2. C, Application plat(s) / page(s) v it: 3. DPS Referral .Summary Sheet v 4. PPS Recommendation v • 5. DPS Surrounding Propery Owner Mailing List >/ 6. DPS Mineral Owners Mailing List I/ 7. 3 DPS Maps Prepared by Planning Technician /j./ 8. DPS Notice of Rearing / vvv 9. DPS Case Summary Sheet / 10. DPS Field Check ✓ 11. E/Os 9+79172✓ 12. oY.u.. . /" wc. ce ,c9 X72/ � 13. 11/27�c� we/je> , i `� �cLaznc4so '� 14. /1-6:%jen. v Yr l /Y1.cc 1 .44.-, i �laid A . ! C C f S;c; / �. 15.;4 ��v, 14t� k1 /7;1.? 777-A1_ 7 {ti/_ev gird (27i � 15. 17. 18. 4 19. 20. I hereby certify that the /,rj items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further cert y that) ese items wet forwarded to the Clerk to the Board's office on /-?-- /�? 19� . t KOLLYActi ,c,) 127444Thed ( Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) H4 SUBSCRIBED AND SWORN TO BEFORE ME THIS 7Z.`-- DAY OF a.t.aszvaitA 19 V,a SEAL LWa.TQ_. r Ob • NO RY PUBLIC • ,ExNBir Ai MY COMMISSION EYpLBpS My Commission Expires Feb. 13, 1989 . . /? /� EXHIBIT INVENTORY CONTROL SHEET Case (1St/ 2 J /'P� -aJ,�G<J'/.eG. - Exhibit Submitted By O ' Exhibit Description tZ A. W/e2,12,--12� ' G2y °C 1'�� ie//Z,(.rf2(O, .a�.s% � � Y 0?02 B. WA-Li-7_4;v (-49-X17 -077✓ � o� / oryy�rraiv�.�tor C. � ir�loo urns �6� ✓0?%a//9�j7.2n.2>c °V E. L - �i7'u(/-(/J?+ F. G. H. I. J. K. L. M. N. 0. 0 fn s A Cckm A.. Giwc..\ 6 A d caue.t... w ij 5 pi-uLeJ R stns--ctAi C, ,m ,tx,Y,,� „_ ; u 5 R - r1 y q :9 6: 3.3 o n, .1k vu )-6s) , aA a4/4/(O) gaaPyl Yl- t2 jazcfC (vA4a / August 18, 1986 To Weld County Planning Commission and County Commissioners: We, the undersigned, oppose any change in zoning o£ the subdivision known as Ranch Egg Subdivision and the surrounding area. 6'9G., o2 72 /7S 1 1fJUC ikr Co -gas/6 / ' 4 // CCU / Z j `- C {rj C;�/ - ///!Cie'/-" t �C-c�1e , (fLr C- / /:/ 6.I -I ' l-alk-IML7/ Clitt( 17 Rj4,:lit- - �. ::-H/l. F4C ' r • c :# Az) ry P t--- J,7// ` J Y Vie' t i (7(%.: 'S// zy yl CCiAvvt„q lel-i-a-t--7\ 3126/ 4/2,N SD/�" /60,41 et•/ P CO/ a z tioa',___ 3 a6 i -.•eh0,66km Afi// -E , Fos-A) _ft -cc..„ �-0� JF cos'i,G sze _, 7_,.;36L)tei, n‘/96,, ,,,,,,,, , c_ , C.„4.-z, , ee , ,12 .6"-/C-, 9Rv jv e 7 � -s-i L / 1/72/11-4-7. 7 �� °o j./:/5 S/ . l' 2 K� nLt{ n tL CPC /t // // --t // C-k �ti'� ��_ticLu �. l(, e) .. _)I Li_ L ( '7,� l (- (. f it' ..,` \_, L. ' 1 'L L. . • C.�' i ' , . I(. Date: August 19, 1986 CASE NUMBER: USR-743:86:33 NAME: S & M Manufacturing, Incorporated, (H.W. and Donna M. Mueller) ADDRESS: 3348 Weld County Road 4, Erie, Colorado 80516 REQUEST: Use by Special Review permit for an accessory building larger than 1,500 square feet in a platted subdivision and a home business (tool and die shop) . LEGAL DESCRIPTION: Lot 2, Block 2, -Ranch Eggs Subdivision, 2nd filing: NW} of Section 34, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles east of Erie, west of I-25, and north of Weld County Road 2. 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 proposal is consistent with the Comprehensive Plan policies in that the use -does not infringe on the continued agricultural use in the vicinity or County. The _proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. - The proposal is consistent with the intent of the Agri-cultural Zone District in thatLthe proposed use -does not interfere with -agricultural activities in the area or the County, and as a Use by Special Review the activity can take place in the district. - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review -0f the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation for approval is conditional upon the following: i.l: 1 S & M Manufacturing, Incorporated USR-749:86:33 Page 2 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to she Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within seven (7) days of final approval by the Board of County Commissioners, she applicant/operator shall obtain all required building and electrical permits for the Use by Special Review site. 4. Within 15 days of final approval by the Board of County Commissioners, the applicant/operator shall -obtain a Certificate of Occupancy for the accessory building. a 9� � DEVELOPMENT STANDARDS S & M Manufacturing, Incorporated (H.W. and Donna M. Mueller) USR-749:86:33 1. The Use by Special Review permit is for an accessory building larger than 1,500 square feet in a platted subdivision, and a home business (tool and die shop) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The Use by Special Review activity (tool and die shop) shall be conducted exclusively within the accessory building. Outside storage of items associated with the Use by Special Review activity shall not be allowed. 3. The Use by Special Review permit shall not be transferrable to any successors in interest to the describes property and shall terminate automatically upon conveyance or lease of the proprty to others for operation of the facility. 4. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. Additional Comments S & M Manufacturing, Incorporated (HW and Donna M. Mueller) USR-749:86:33 In a letter dated July 24, 1986, Henry M. Epstein, Director of Community Development, from the Town of Erie recommended denial of this request. The Department of Planning Services Staff feels that this proposal does fall under the Weld County Zoning Ordinance definition of Home Business and as a Use by special Review can take place in the Agricultural Zone district. I have attached a copy of the home business definition for you. The property is located in the geological hazard area, however, it is not in a subsidence hazard area. I this C. GEOLOGIC HAZARD: Mears a geologic phenomenon is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes, but is not limited to: unstable or potentially unstable slopes, seismic effects, radio activity, and ground subsidence. r " GEOLOGIC HAZARD AREA: Means an area which contains or is directly affected by a GEOLOGIC HAZARD. GROSS FLOOR AREA: Means the sum total of the floor area of each horizontal level of a BUILDING, 4 t'including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics. GROUND SUBSIDENCE: Means a process characterized by the downward displacement of surface material caused by phenomena such as removal of underground fluids, natural consolidation, dissolution of underground minerals, or underground mining. H. HAZARD AREA: Means any area governed by the Geologic Hazard Overlay District regulations where a natural or man—made condition presents a potentially significant harm to public health, §' safety, welfare, or property. HEIGHT (This definition applies only when used in the A—P (Airport) Overlay District.): For the purpose of determining the height limits in all surfaces set forth in this Section and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: 1. Such USE is conducted primarily DWELLING UNIT or ACCESSORY STRUCTUREinand principally carried on by the FAMILY resident therein; 2. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily a HOME BUSINESS shall not be interpreted to include the following: clinic, hospital, nursing home, animal hospital, HOTEL/MOTEL, restaurant, mortuary, and organized classes where 1 0-8 -1 F more than - six (6) persons meet together for instruction on a regular ihasis. (Does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION: An incidental USE of a DWELLING UNIT for gainful -employment of the resident therein, where: • 1. Such USE is conducted entirely within a DWELLING UNIT and carried on by the residents thereof and no -others. 2. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. :;. 3. The total area used for such purposes does tot exceed three hundred square feet. 4. There is no advertising or other indication of , the HOME OCCUPATION on the LOT or any STRUCTURE or vehicle located on or adjacent to the LOT with the exception that one nameplate shall be allowed - which may display the name of the occupant and/or the name of the HOME ..r , OCCUPATION where such nameplate -does not exceed 1 square _foot in area, shall be nonilluminated and attached flat to the main STRUCTURE or visible through a window. 5. There is no exterior storage, display or sales of materials, goods, supplies or equipment ! related to the operation of such HOME OCCUPATION nor of any highly explosive or combustible materials. 6. There is no offensive noise, vibration, smoke, z. dust, odors, heat, glare or electrical i x, interference or other hazard or nuisance ="a; noticeable off the SAT if the occupation is conducted in a SINGLE L outside the DWELLING UNIT if conducted in other than -a SINGLE FAMILY attached dwelling. Ordinarily a HOME OCCUPATION shall not be interpreted to include the following: clinic, hospital, nursing home, animal hospital, tit HOTELS/MOTELS, restaurant, mortuary, vehicle or boat repair `' P (including "�' painting) , and organized classes where more than six persons -meet together for instruction on -a regular s ; basis. (Does not include classes sponsored by 4„3 a PUBLIC SCHOOL.) rya" t, =m 10-9 � v LAND-USE APPLICATION SUMMARY SHEET Date: August 12, 1986 CASE NUMBER: USR-749:86:33 NAME: S & M Manufacturing, Inc. , (H. W. and Donna M. Mueller) ADDRESS: 3348 Weld County :toad 4, Erie, Colorado 80516 REQUEST: Use -by Special Review permit for an accessory building larger than 1,300 square feet in a platted subdivision and a home business LEGAL DESCRIPTION: Lot 2, Block 2, Ranch Eggs Subdivision, Second Filing: NWj of Section 34, 'T1N, R68W of the 6th Y.M. , Weld County, Colorado LOCATION: Approximately 2.3 miles east of Erie, west of I-25 and north of Weld County Road 2 SIZE OF PARCEL: 4.667 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The mriteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The 3)epartment -of Planning Services has received specific recommendations from the following: - Town of Erie - Weld County Building Inspection Department Copies of these letters are included in this land-use summary. The Department of Planning Services has not -received referral responses from: - Adams County Planning Department - Dacono Fire District FIELD CHECK FILING NUMBER: USR-749:86:33 DATE OF INSPECTION: August 8, 1986 NAME: S & M Manufacturing, Incorporated, (H.W. and Donna M. Mueller) REQUEST: Use by Special Review for accessory building larger than 1,500 square feet in a platted subdivision and a home business. LEGAL DESCRIPTION: Part of the NW} of Section 34, T1N, R68W of the 6th P.M. , Weld County, Colorado or Lot 2, Block 2, Ranch Egg Subdivision, 2nd filing, Weld County, Colorado. LOCATION: Approximately 2} miles east of Erie, west of I-25, and north of Weld County Road 2. LAND USE: N Weld County Road 4, grassland and cropland E Residence S Grassland and residence W Residence ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: There is one access to the property from Weld County Road 4, which is a gravel surfaced road. The 40 x 40 accessory building -is existing on the property along with a single family residence. On the west property boundary there is a 6' chain link fence. By: 41-416 *111 �� Debbie L. deb Current Planner x u xT Z' r xa 4 '5". 42,241/ n S n I y •, fx t9 b' r i q ® L / 4 i J" �� 9tl :p�� •.d 4_ ip • y r 4r3223 34 C\ 1y • 1]q • v v pMp n a j/ ] n x ' xa v ae. :; . z ; p 22(.2 : _ 4 ,• -� • • 3 •,c e • n x a 40 •�._\ \ ▪ •y Gk.' FAT x ..61 'i' • S a . •1 RI I • •r ,••�• ' 1. J /•� • ®•• x __ •r •• is r. • T�.i L 1 s ( •f.. lr MEAD• H day I T 3N. F , d -\ c0'— ', -; 5 a =.�- - - - N ' i H-i ' � I� '•I ant • 14 aTTE�.LE WL e 4. s 1.4.. 4 _ .liras F... - a 2 C t' .. a i : • l4 f'P Y .ar: •F• 4Q •4•-r• F r i y `o o .o. • / I t \ I- ._t_ ,st -430 g • ▪F Sd orn 6 axo ' 4 ze •070222 xa app at x g ,4 z • t S .ii c R'soc • �� a° A F '4s • F.VVVVVV. FdARPOUR• NOS E Si Vm Y• 1�� .ry � /� .,� JI . > Ii o•�?-��s �! �' F. Tare• �REG • F 4 "' :71-•. ' s • •1, •5 .a _ ___ JJJJ S REF. _ . , ▪ rt�5i J.m >c-- �. :----•t I s `i • .1 . ; S c F • 2 s Z ••4 : • F . ? 41 . .• F n — . J 1 / ( F r '4 •s IS' . 4a •. _ •. • / --•-• . ' ,c,„,„°„„, I a . ©• [MCNAIR[ _ E1F h 4 a 4 ,BILLY 1 17f/ 0 4 11 -•-'r-L i J �• Y....x. o. 1 •I . O •ran c,lr ____ ._._ p •i �� L—' • l_' Qp_72 i el f 1 h ▪ .• �• F•. .o ' I � d _ 1 .I"•gt c F t.1":". a I• F• 4� '. F • / • O n•s f F • •z P• //: yF > Y /rp�e�Ea tY, 4 '� S -! F 0.1;2-'7\ ( '� (� _ /� a ' c 1 4 _ -- ....--a,2--, pi.33 .[r 6,s In �T _..•. -; LL ,, 1 , -FI252' ,C79,;----- 0• •+. - x laR� 0 F• ••1—' 3' • ,a• 34 L• a : @ • LONE, Y • 4'/J :�'— •._ / Y s M ' \ { OFT LUPTON • 4a --...Cr.-7,...,t • S . 41 5 r2"4,4lw-24. . •4 •F• ] •• G Y Sj• r r <<• 4.„ .zr s. - __- _. / F° ial7. • q f • ( It. 4 dr w I %F -x. pp yM _P1 F ,272:—/ 7'• • • h 3 p : , i..4 4J l F TIN. F v /'i'i `el`vy. . G /I cS la,.•T* U • �� ♦ xo .. x .ki •U. F F . • / / . • .•1.7-_�• w• NBE . -- , "irony 3.:::,e17°<.„__V" " hil 'ill,:,'L-2-24=3 • o. i.1 u t ;jilt il'IF C 4 F F--.: • '' J1 '3▪ 1• .1 II tLl ',i' sx Iv • �y,✓^ v p s. d 'B 4 s \t y 33 FS e4 1� 13 F r ill f g .22 � / C •C: k .. } .n yF' .0 ASE •". . 4 . ..'4 F . .u. .y.. l. / 7!'4�ro ". . .r F 59 R66'31 ��/-�- F ; 6 u --- a 1,47.1 .8 R.66Y, J id C 17V- I 16 16 _ 15 �i, �� \ . National ��. 1 1/i - (— {ice Q I V �� j .� �C .- — ct C, -:\t, \ V . A if '- t ..gle MTh ew H. / \I: IV �lZe � . a, C _: 4:--— / I ,, r>„,/ / ).-- C` . C { CC C •iumpne Mine — \ / / don —.__ . _ • 1 • W tipnri.g 28 �n �28' _ 27 4 — _ .dpi__ 5 CO _ ' J .-. f f-� C 14 :-r / C _ C 32 rr A / �:,, I � ,. ,y \ 34 �� W 3 i U C---, a C5 / 5291 I 1, < �O LY tiF1.1 j' �� \__/ �/ �� ) ‘ /... 24 ',, , �AUSR 580 {-/ 41 Illi V1 SUCH' , / .4°2 "re: y Q 54 (� ��✓ •. • V / 3 ~ 7 / SUP-10` .lbr�4i A frf a .bgs INC. - 110 /___ / s # 2 3 O CNN. / Q _ 5 8 ;p 4 '/i 03 RANCH E • GS INC 4 / .., , _\,_,,Th QO 7: C\ ,,, 9 \ ---\\ P ( , ee / '4a Y fin — .T 1 \ \ I fi BM _2 . 7 - W LD 0 K K. REFERRAL LIST APPLICANT: S & M Manufacturing, Inc. (HW & Donna Mueller) CASE NUMBER: USR-749:86:33 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: August 6, 1986 NO SR N . NO SR NR - X Weld County Health Dept. X Engineering Department 1///1/7— X Town of Erie Henry M. Epstein P.O. Box 100 Erie, CO 80516 X Weld County Building Department V IV- X Left Hand Water Supply Company c/o James M. Dickey P.O. Box 210 Niwot, CO 80544-0210 X Adams County Planning Department 4955 East 74th Avenue Commerce City, CO 80022 X Dacono Fire Districts Chief J. W. Fuss P.O. Box 40 100 Forest Street Dacono, CO 80514 eider X Lo„g mirF Soil Conservation District 9595 Nelson Road Box D Longmont, CO 80501 X Louis Rademacher 13184 Weld County Road 13 Longmont, CO 80501 NO=No Objection SR=Specific Recommendations NR=No Response t' a. of ?t �� T ., t� TOWN OF ERIE s 845 HOLBROOK P.O.BOX 100 ?!4"\ iy ERIE,COLORADO 80516 tl 1 828-3843 �� , 449-3085 \y.. 4, • 1874 July 24 , 1986 Ms. Debbie deBesche, Current Planner Weld County Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 SUBJECT: Uses by Special Review; USR 748: 86: 32-USR 749: 36 : 33 Dear Debbie : • I am glad I made the time to call you about the referenced requests . The background was helpful in understanding the proposals in an agriculturally zoned area. In my review of the requests, I came away with the feeling that a misuse of the present zoning is being suggested by the applicants . • On one level, which is a County concern at this time, air- craft shops, machine shops, auto and truck repair uses, fence companies, tool and die shops and furniture manufacturing are not agricultural or agriculturally related uses particularly when they are the principal use on the site. Our A-Agricul- tural zone district does not allow such uses. They are not uses by special review particularly when' the operation goes from an individual or family activity to one with outside employees and has no relationship to agriculture. The Town of Erie is looking towards growth to I-25 over the next several decades. What occurs in the Ranch Egg Subdi- vision is a concern when and if we officially exert more influence in that area. In my opinion, the activities suggested by both the Christians and Muellers would be best situated in a Heavy Commerical or Light Industrial zone district. They are not and would not be considered for Uses by Right or Special Review in an Agricultural zone if located within the Town of Erie . We therefore recommend DENIAL of both requests . We would suggest the applicants be directed by Weld County to apply for rezoning their ground to an appropriate use category. rn•at-, POLICE DEPT. METRO 449-3156 LOCAL 828.3200 P.O.BOX 510 FIRE DEPT. 828.3152 c ! ' I. C Ms. Debbie deBesche July 24 , 1986 Page 2 The whole premise of zoning is to seek compatibility of land uses and separation of those uses not normally placed together. What has been occurring at the Ranch Egg Subdivi- sion should not be increased. If necessary , the County should change the entire area' s classification to a mixed use planned development, large lot residential area to further restrict applications for industrial uses in an agricultural zone, or alter the allowed uses in an agricultural zone. Thank you for allowing us to comment. Sincerely, • Henry M. Epstein, Director Communtiy Development jh cc: Jeanne Marks , Chairman Erie Planning Commission JUL 291986 Weld Co. Menial Commission vJoL,.. e, \ "L '` e \u t o y r�{ t' DEPAR1 iNT OF PLANNING SERVICES ±i ii _ 1 PHONE(303)356-4000 EXT. 4400 + ,4 915 10th STREET •&,9 �e'� 1 -Wu, GREELEY, COLORADO 80631 W l ` i•. I 4 • COLORADO CASE NUMBER USR-749:86:33 July 18, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from S & M Manufacturing Incorporated (H W and Donna M. Mueller) for a Use by Special Review permit for an accessory building over 1,500 square feet in a platted subdivision and a home business. The parcel of land is described as Lot 2, Block 2, Ranch Eggs Subdivision 2nd Filing: NW} of Section 34, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2} miles east of Erie, west of I-25, and north of Weld County Road 2. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 6, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. }Z-- Please refer to the enclosed letter. n Signed:0414- 97...04„._ Agency: j11t44 Date: 7-a/-?‘ in ,,,_aztict ,v, cv,4 J -, It 1' s , .,v .:g" Debbie deBesche July 21, 1986 l' 1 '-100� a -- em Robert Huffman Horst W. and Donna M. Mueller We have a building code violation on this building for an occupancy violation because of a change of use. He needs to take out a new inspection permit for reinspection of the building. This is for the purpose of making sure the building meets the code for the new use. A new Certificate of Occupancy needs to be issued for this change of use. RH:dy o C clXV7 r _ n • 1083 Weld Co. Planning Commission — DEPARTN IT OF PLANNING SERVICES "l PHONE(303)356-4000 EXT. 4400 915 10th STREET R~ 1 GREELEY, COLORADO 80631 4: (.P b F Ps. St;y5. > $ t u ®. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on August 19, 1986, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for an accessory building over 1,500 square feet in a platted subdivision and a home business from S & M Manufacturing, Incorporated (H W and Donna M. Mueller) on a parcel of land described as Lot 2, Block 2 Ranch Eggs Subdivision 2nd Filing: or part of the NW} of Section 34, TIN, R68W of the 6th P.M. , Weld County, Colorado, containing 4.667 acres, more or less. The property is located approximately 2} miles east of Erie, west of I-25, and north of Weld County Road 2. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 19, 1986. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission - To be published in the Johnstown Breeze To be published one (1) time by July 24, 1986 Received by: c Date: p Mailing List USR-749:86:33 5 & M Manufacturing, Inc. , (H. W. and Donna M. Mueller) Frank and Emma Hepp 1084 Weld County Road 7 Erie, Colorado 80516 Kenneth D. Rohner 3398 Weld County Road 4 Erie, Colorado 80516 Robert and Roselyn Fortner 3298 Weld County Road 4 Erie, Colorado 80516 George A. Stuble 319$ Weld County Road 4 Erie, Colorado 80516 John L. and Rosemarie Zahn 3211 Johnson Lane Erie, Colorado 80516 Johannes and Dorothy Ann Lauer 3216 Johnson Lane Erie, Colorado 80516 Charles E. and Carol E. Portz 3311 Johnson Lane Erie, Colorado 80516 Timothy J. and Arlene F. Rockwell 3361 Johnson Lane Erie, Colorado 80516 Donald L. and Eileen A. Perschbacher 3411 Johnson Lane Erie, Colorado 80516 Manfred and Angelika Hennig 11705 Keough Drive Northglenn, Colorado 80233 Horst W. and Donna M. Mueller 3348 Weld County Road 4 Erie, Colorado 80516 _., 3 in V Mineral Owners USR-749:86:33 S & M MaNUFACTURING, Inc. , (H.W. and Donna M. Mueller) Vessels Oil and Gas Company 600 South Cherry Street Suite 1220 Denver, Colorado 80222 Th-31, U_S R -1 4`bt $to l � AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Lot 2, Block 2, Ranch Eggs Subdivision Filing #2, Located in NW a Section, 34 Township 1 North Range 68 West 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 accur- ate 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 sub- ject 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 of an attorney. H ST W. MU LER The foregoing instrument was subscribed and sworn to before me this / 7 day of �GZ/-2 .4% , 19 WITNESS my hand and official seal . My Commission expires: 4/—/9-5-T7 Notary Public' 7/ 7/ C75 . i-64=45linJtp:17/ev C70,. c ci- is per^ , USE BY SPECIAL -REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 355-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording -Fee Receipt Number TO BE UOMPLETED BY APPLICANT: (please print or type, except far necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld _County Planning Commissionand Weld County Board of -County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area 9f -Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NW 4 Section 34 T 1 N, R 68 W LEGAL DESCRIPTION of contiguous property owned upon _which Special Review Permit is proposed: NW 4 Section 34 T 1 N, R 68 W LOT 2, BLOCK 2 RANCH EGG SUBDIVISION • Property Address (if available) 33118 WELD CTY. RD. #4, ERIE 2nd FILING PRESENT ZONE AGRICULTURE OVERLAY ZONES NONE TOTAL ACREAGE 4 . 667 PROPOSED LAND USE CONTINUANCE OF -FAMILY OWNED 'POOL, DIE, & INSSR. SHOP EXISTING LAND USE RESIDENCE & TOOL, DIE, & INSTRUMENT SHOP SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — — — Name: S & M MFG. , INC. (h/. G✓, Al_a(FE j 224,vi4 /}7, RGEJL9' QAJ,{/ c) Address: 3348 WELD CTY. RD. -#4 City ERIE , CO Zip 8D516 Home T-lephone If 665-5135 Business "Telephone # 665-5735 Name: Address: City Zip Home Telephone # -Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home -Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of s-cord. Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF -WELD ) STATE OF COLORADO ) ignature: Owner Authorized Agent Subscribed and sworn to before me this /1;7 day of , /0 /9 e 1Ska =/ 7Xga NOTARY EUBLIC t 7/7/ GllG�v .�PC commission expires �'/9 �7 Ly65r�un5�er/Co•Scaa ,r WE THE UNDERSIGNED HAVE DISCUSSED THE APPLICATION FOR USE BY SPECIAL REVIEW AND HAVE NO OBJECTION TO THE PROPOSED USF FOR A TOOL & DIE & PRECISION MACHINE SHOP AT THE -H.W. MUELLER' S RESIDENCE LOT 2, BLOCK 2 . NAME: .... /,,,‘,../,..-(2170. /' LOT 3 BLOCK 2 DATE L -72 -V `G / f /- NAME: LOT / BLOCK //-/ DATE 6-/.L "$6" • NA. ' / LOT �7p BLOCK .5 DATE (2-7 I I:4 NAME: 4, LOT / BLOCK G DATE b -/o2-86 NAME: ^ C t___ LOT / BLOCK t DATE 6 - i a- '2 6 NAME: 6:t7/4 - nc.c4c>%a.--• LOT G BLOCK / DATE 6//Z/e-6/ NAM iek4 LOT P BLOCK / DATE 47/2 NAME: �z_- c)$;,L .4.,,,Z�v LOT 7 BLOCK / DATE 17/a�/�6 NAME: ,,i-e' �` LOT _ 2 BLOCK 7 DATE V/?/6 NAME: /274/ 2.ti12errJ 4 ) LOT 27 P OCK DATE lo%/ '/ % NAME: 2,,,11) fil elet" LOT 31-I- OCK _ DATE / '� NAME: // f�,lif� L� LOT 2 BLOCK /l"`/ DATE 4'23/7 //NAP1E: „��y�;`'��f_'-_ _ r� LOT C. BLOCK I�y1I DATE �� j NAME: 'J",J/� , "4/ /19, c4.-2 LOT C BLOCK 2 DATE 6/71/X26 NAME:/ 7 /1Cl✓.e///I/G/' /�✓oA7//l/i LOT J BLOCK /. DATE 71/ 7 NAME: 1 . ;--4,,T,.,w-' (3 t pp LOT `7 BLOCK / A DATE 477c-7/PC2 NAME: Al 4. 1,161 ', 1 o tip 1 Kdt LOT 27- BLOCK/-6,5 DATE te/i11/V e - NAME: ,_ ,7 PLOT I BLOCK 2 DATE //////,c-26 2 L / // 4� r NAME: / f ti )' �?n i`" l,-�.e�� 40� _i% BLOCK C,�' II/ DATE 4//2,V p ciiNAME: ^ Q; L//Ari�l1 �� 71�",pLS BLOCK DATE (J//�CJ/a d� NAME: / _ -- �'7OT // BLOCK L{1 DATE p - ICJ -d 6 NAME: LOTcY� f - OCK DATE ` 'p DC NAME: 4 / , / - LOT g BLOCK A DATE >/ ,S'` �� - ��1 n NAME: , L/A'Ar C• P��A' 7l-{L) LOT G BLOCK # DATE 6 -/E5-7/:, NAME: _ N. LOT 07 BLOCK 3 DATE r " -/�-_;J�9(/.7 NAME: r / ,�/I%71v� LOT / BLOCK 3 DATE c 22 (922 in/Ft/AP-•6 NAME: �A 1. - a l�`/1 LOT it BLOCK DATE !cam JO ' NAME: LOT BLOCK DATE NAME: LOT BLOCK DATE USE BY SPECIAL REVIEW FOR H. W. & DONNA MUELLER 2 . Explain the proposed use. The existing facility is being used as a Tool & Die & Instrument shop. The property was purchased in 1967 with the intent to produce eggs in a much larger building. Do to the circumstances at the time and re-evaluation of my neighbors operations my wife and I decided not to persue the unstable egg business . We also considered not to compete in that fragile market and add to the manure and fly problem in the surrounding area. Since we owned S & M Mfg. , Inc. and operated it in the city of Westminster and as business declined we moved the operation into our pole barn. The operation is small , quiet, and clean, with minimal traffic and totally compatable with the neighborhood. Explain the need for use . This business is my livelyhood. Explain the types of existing uses on surrounding properties. The existing uses on surrounding properties are egg production, egg processing, feed mills, manure composting, a fence company, and a furniture company. The distance of the proposed use to residential structures in each direction. The distance to the north of building is 80 feet to my own house, to the east of building is 292 feet to Kenneth Hohner' s house, to the west is 320 feet to Bob Fortner' s house, to the south it is over 800 feet to Tim Rockwell ' s, Chuck Portz ' s, Johannes Lauer' s, and Don Perschbacher' s houses . The maximum number of users, patrons, members, and buyers . 6-10 a week maximum. The number of employees, number of shifts, and hours of operation. There are only 2 employees, consisting of myself and my daughter. On rare occasions we have 1-2 part time employees on quick turn around jobs . The number of shifts is only one. And our hours of operation are 7 : 00 A.M. to 6 : 00 P.M. The type of water source for the proposed use. The water usage in the shop is only 20 gallons a month, bathroom facilities are in my residence 80 ' away. Explain the access route (s) to be utilized for the proposed use. Page 2 The existing driveway with access from Weld County Road #4. Explain type, size, weight and frequency of vehicular traffic associated with the proposed use. Semi trucks delivering materials (2 times a week, size of truck cab plus 27 ' trailer, weight up to 70, 000 pounds) . UPS truck (maximum 1 time daily, 20 feet long, weight up to 20 , 000 pounds) . Employees cars and company truck (maximum 6 times daily) . The types of sewage facilities for the proposed use. The shop does not require any sewage facilities, bathroom facilities are in my residence . A description of the proposed fire protection measures associated with the proposed use. The shop has the same fire protection as my residence that is on the same property. (Dacona Fire Department) The types and maximum number of animals to be concentrated on the Use by Special Review area at any one time. This is not applicable. The type and size of any waste, stockpile or storage areas associated with the proposed use. No waste is stored outside, materials stored inside of building. Type of storm water retention facilities associated with the proposed use. This is not applicable. The time schedule and method of removal and disposal of debris, junk and other wastes associated with the proposed use . The trash is _being removed (1) time weekly by Tri Area Rubbish and Trucking. Explain proposed landscaping plans and erosion control measures associated with the proposed use. Since the facility is part of our residence we will match our overall landscaping scheme. Reclamation procedures to be employed upon cessation of the Use by Special Review activity. The building can be used for other purposes . Page 3 A time table showing the periods of time required for construction and start-up of the proposed use. The building is already inexistance there is no start-up time. 3 . A statement explaining how the proposal is consistent with the Weld County Comprehensive Plan. There is no forseen conflict with Weld County' s Comprehensive plan. A statement explaining how the proposal is consistent with the intent of the district in which the use is located. The area is zoned agricultural , the actual use is more commercial , egg producing facilities, egg candling & packaging by machinery. Our little shop does on occasion build & rebuild or repair machine parts for our neighbors . We believe we are compatible with our neighbors . If applicable, a statement explaining what efforts have been made, in the location dicision for the proposed use, to conserve productive agricultural land in the agricultural zone district. a 1600 square foot building on a 5 acre parcel of land in a subdivision does not have an effect on agricultural production. A statement explaining there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. By nature of this business (precision machining, instruments and tool engineering) all operations are inside, virtually no noise, nor harmful odors, nothing to disturb the neighbors or our own residence. The existing land uses are: Bob Fortner- residence, Ken Hohner-egg production and residence, Tim Rockwell- egg production, trucking and residence, Chuck Portz-residence and weed cutting, Johannes Lauer-residence and non operating egg production, John Zahn-egg production and processing and residence, and Don Perschbacher-horse boarding and residence. A statement explaining the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the county or the adopted master plans of affected municipalities . The activity should not affect the future development of this area. It was intended to enhace the neighborhood by its clean operation. Page 4 A statement explaining the use by special review area is not located in a flood plain, geologic hazard and Weld County Airport overlay district area; or that the application complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance. This is not applicable. Proof that a water supply will be available which is adequate in terms of quantity, quality, and dependability (a well permit or letter from a water district) . The existing residences water tap is being used since the employees are the resident' s as well . A noise report is not applicable. A soil report is attached. „ u [j {), CONSULTING ENGIN[:ERS & GGOLOGIST'; SOIL, FOUNDATION & GEOLOGICAL INVESTIGATIONS s 5595 CARR STREET S ARVADA, COLORADO 80002 C TELEPHONE 424-pa---3 12O -S/2l Mr. Herbert Reble October 25, 19;7 9015 Grandview Street Arvada, Colorado 80002 Subject: Excavation Inspection and Foundation PCcrmmen('ation:,, Residence at Lot 2 , i3ioc',•. 2, Ranch Eggs Suhd. #2, Weld County, Colo. 1 . Date of Inspection: Oct. 24, 1967. 2 . Soils Exposed in Excavations: WEATHERED CLAYSTONE BEDROCK and very stiff CLAY WE::THERE : SANDSTONE BEDROCK (CH-SP) . - • Water soluble sulphates noted in soils. • 3. Foundation Recommendations: The residence should be supported on grade beams and straight shaft piers (caissons) drilled a minimum of 4 feet into firm clay-tone and sandstone bedrock and at least 10 feet deep. Piers should be de- signed for a maximum end bearing pressure of 15, 000 psf, side shear. of 1, 500 psf, and a minimum dead-load pressure of 15, 000 psf,- based r, '' on pier end area. Piers should be reinforced with a minimum of two #5 dowels for their full depth. A 3 inch void space should he pro- vided under the grade beams, between the piers. The void space should be sealed prior to backfilling. Refer to foundation design no. 1874, by this office for details of the foundation. Fairly high concentrations of water soluble sulphates were noted in the soils. It is advisable to use Type II ;ement in foundation walls and pier concrete, and also, in the basement floor slab, if available. Slabs should be placed directly on the undisturbed soils or well compacted fill - do not place a gravel layer beneath slabs. Slabs should be separated from all bearing members and utility lines. 7: minimum 2 inch void space should be provided above, or below, parti- tions on the basement slabs. Joints should be scored in the slab ;It maximum 200 square foot areas. Backfill around the residence should be moistened and well compacted and the final grade should have a good slope away from the foundation on all sides. Downspouts and sill cocks should discharge into splash blocks. F. M„FOX &"56,0.CcATE( Job No. 1874 By •Frederick M. c � Jr. ,rte •:~ Copies: 3 /,22 /4-'4)A an'* /. ,cJ7cZ IF AZ-v1/424--c2 fsi.ti,'%' ' " 5e9.-i¢ 7A/a\ icia. oz/ /ry_ A . ' +�► .4Ge c for gt ' ?ap , so, on s-yrat-- - .9tenhce ' tfmHt\ N‘ 4-Pae> `I. PA,1- .429v/--- FL* , 14Q7-4Bioa-1 lDT/ &Dle2 /DT3 ,. &O 2 Zk 2.4,4c.) 2Mva" 427Z T. .POI.ek/ a-eV L0T,$' d—,2 LDi B 2 L.tT 7 e1pee2 /DTI 2p,C 2 LOTS C . O 0 D �p o C Ci "Atta7�m x yD l ' B r V B�� ' % _ X 49,1k.• 4 L ] 4.9.0 TO SiSze/J ,�D,e//)//t'y s--,?Ja Wef94t as7Z 'C .4LF /ii Ap i 6/r/: ,s;/cf, a AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Lot 2, Block 2, Ranch Eggs Subdivision Filing #2, Located in NW o Section, 34 Township 1 North Range 68 West 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 accur- ate 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 sub- ject 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 of an attorney. H STl,W./7U$7,LER The foregoing instrument was subscribed and sworn to before me this /7 day of , 19 . WITNESS my hand and official seal . My Commission expires: I ss Notary Pub ic 1 7/ 7/ Ce - Ldeg,1ii-?„c� �gl� � crcrr&o NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # 1084 WELD CTY. RD. 7 FRANK & EMMA HEPP ERIE, CO 80516 #62146727000030 3398 WELD CTY. RD. 4 KENNETH D. HOHNER ERIE, CO 80516 #62146734202011 ROBERT & ROSELYN 3298 WELD CTY. RD. 4 FORTNER ERIE, CO 80516 #62146734201001 3198 WELD CTY. RD. 4 I4 ilJgJg}i GEORGE A. STUBLE ERIE, CO 80516 tj S+ JOHN L. & ROSEMARIE 3211 JOHNSON LANE #62146734202011 ZAHN ERIE, CO 80516 #62146734202012 JOHANNES & 3261 JOHNSON LANE #62146734201002 DOROTHY ANN LAUER ERIE, CO 80516 #62146734201003 CHARLES E. & 3311 JOHNSON LANE #62146718216006 CAROL E. PORTZ ERIE, CO 80516 #62146734201014 TIMOTHY J. & 3361 JOHNSON LANE #62146734201009 ARLENE F. ROCKWELL ERIE, CO 80516 #62146734201006 DONALD L. & EILEEN 3411 JOHNSON LANE #62146734201008 A. PERSCHBACHER ERIE, CO 80516 #62146734201009 MANFRED & ANGELIKA 11705 KEOUGH DRIVE HENNIG NORTHGLENN, CO 80233 #62146734201010 HORST W. & 3348 WELD CTY. RD. 4 #62146734201012 DONNA M. MUELLER ERIE, CO 80516 #62146734201013 VESSELS OIL & GAS CO 600 SOUTH CHERRY ST. ,SUITE 1220 DENVER, CO 80222 NOT ISSUED F' "d' ,. j,f i—'--' 1942-A c. JEFFERSON SAVINGS AND LOAN ASSOCIATION i Arvada, Colorado 80002 DEED OF TRUST NOTE Arvada,Colorado February 13 , 19 69 For value received, the undersigned promise to pay to the order of JEFFERSON SAVINGS and LOAN ASSOCIATION at Arvada, Colorado, Colorado, or at such other place as the holder may desig- nate, the principal sum of THREE THOUSAND FIVE HUNDRED AND NO/100 Dollars ($ 3,500.00 ), and such additional sums as may be advanced by the holder hereof to the maker or his successor in title, together with interest on the unpaid principal balance thereof at the rate of 81 per cent per annum. Said principal and interest shall be payable in consecutive monthly installments of $ 71.81 , commencing March 1, 19 69 ,until this note is fully paid, except that the final payment, if not sooner paid,shall be due and payable February 1, 1974 . Payments when made shall be applied first to the payment of the interest and the balance credited to the reduction of principal. The maker reserves the privilege to make additional payments, which shall be applied only in pay- ment of the last succeeding payments due on this note, on account of principal; provided, however, that if such additional payment made on principal exceeds one-fifth of the original amount of said note in any 12 month period, said additional payment may be made only by paying, as consideration therefor, the maximum prepayment penalty, as now or hereafter provided by law, but not less than three months interest on said additional amount of principal paid. I, or we, further agree to pay concurrently with the above required monthly payments, 34th of the sum of the annual taxes assessed on the real estate described in the deed of trust set forth below, or as estimated by holder from time to time, and if the said payments creating a reserve fund are not sufficient to pay such taxes, agree to increase such monthly payments and to pay any defi- ciency or deficiencies upon demand. The undersigned agree that if any of said installments is not paid when due, the undersigned will pay to the holder, at its option, an additional charge of 1/10 of 1% of the unpaid principal bal- ance per month on each of such delinquent monthly installments; notwithstanding this provision, the undersigned further agree that at any time upon default in the payment of any installment of either principal or interest or any portion thereof, or in case of the breach of any of the covenants or agreements stipulated in the Deed of Trust securing this note to be performed by the undersigned the principal sum above described, or any balance that may be due thereon,including any additional sums advanced by the holder, which advances shall not exceed the amount of the original indebted- ness, together with all interest thereon as aforesaid,at the option of the holder, it successors or assigns, shall become immediately due and payable, without notice, and all of said principal, interest and addi- tional sums, together with interest thereon thereafter at the rate of ten percent per annum, shall be collectible immediately, or at any time after such default, anything hereinabove contained to the contrary notwithstanding. This note is to be construed according to the laws of Colorado, and in the event it becomes necessary, or advisable, to place this note in the hands of an attorney for collection, or to fore- close the deed of trust securing this note by proceeding in Court or by the Public Trustee, the maker or makers hereof agree to pay as attorney's fees in connection therewith the amount or amounts set forth for attorney's fees in said deed of trust. If any installment on this note or interest thereon is not paid when due, the undersigned agree to pay all reasonable costs of collection, in- cluding a reasonable attorney's fee, and hereby waive presentation for payment, demand, notice of non-payment, protest and notice of protest, and further waive to the holder of this note any right or claim to exemptions under the laws of the undersigned's residence, and of Colorado. Time is of the essence hereof. In this note and the instrument securing it, the singular shall include the plural and the masculine shall include the feminine and the neuter. This note shall be the joint and several obli- gation of all makers, sureties, guarantors and endorsers, and shall be binding upon them, their heirs, personal representatives, successors, and assigns. This note is secured by a reserve account and escrow funds, if any, assignment of rents and a deed of trust of even date herewith, upon the following cribed real property, situate in the County of WELD , nd State of Colorado, to-wit: Lot 2, Block 2, RANCH EGGS, INC. , SUBD VISION, FIL G . TWO, all in the County of Weld, State of bra , ace dip o e recorded plat thereof - ' Q/ \‘,l! H �W I I)168 t.16 Yv 'I DOIVHA�,M. MUELLER r 1; \1�\ hr On"' rr.lr pPf, r, n PAID m FULL, EMPIRE SAVINGS, BUILDING AND LOAN ASSOCIATION, FORMERLY, Jefferson-Savings and Loan Association ByC. Richard Panesi, Assistant Vice President J "1 ` ))qq / i MAR -61975 y c,�aJ Recorded at... / o'clock 1f., Reception No 16554'72 s LEE SHEHEE, 1R. Recorder. I KNOW ALL MEN BY THESE PRESENTS, That, Whereas, HORST W. MUELLER and DONNA M. MUELLER of the County of WELD , in the Stre of Colorado, by el .7 DEED OF TRUST dated the 13th day of Felli�itary A. D. 19 69 , L^ to and duly recorded in the office of the County Cleric and Recorder of the so / "iI County of WELD , in the State of Colorado, on the le,i 26th da • of w i 3 February A. D. 19 69 ,in book 6o6 at page��- 1\ r of the records, in said office, conveyed to the in tst Public Trustee in said .-i County of WELD 0 7-1certain real estate in said Deed of Trust described, in trust to secure the payment of the indebtedness mentioned therein. tr.. 10 AND, WHEREAS, Said indebtedness has been paid and the I purposes of said trust have been fully satisfied; rilif- CA. lfFgi,F IC)7 F1t'fl►ftlTEp NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed of Trust, and in consideration of the premises, and in further consideration of the sum of Three Dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of WELD , do hereby remise, release and quit-claim unto the present owner or owners of said real estate and unto the heirs, sui'ecssors and assigns of said owner or owners forever, all the right, title and interest which I have under and by virtue of said Deed of Trust in and to the said real estate ih said Deed of Trust particularly described, reference to which is hereby made for greater certainty. TO HAVE AND TO HOLD THE SAME, Together with all and singular the privileges and appur- tenances thereunto belonging forever. AND FURTHER, that the said Trust Deed is, by these presents, to be considered as fully and absolutely released, cancelled and forever discharged. WITNESS my hand and seal this 4th day of March 7 , A.D. 1975 . /-2lcjyt (2 a '..it ( c ., L, Wayne Wells (SEAL) th e.Public [ st e .said Count'.of e By The Public Trustee in said County of Weld , Colorado: Please execute this release, the indebtedness secured by the above mentioned Deed of Trust having been fully paid. lLEIP, EMPSRF..SAV.III^ahS.,...HUILD IC MD LOAN ASSOCIATION 0The legalolder of the in btedgeea secured b-a d Deed o of-Trust. �9 �•..•••.,..:•(-„, Formerly, fers on,,Pa p sand 'Loan Associati n t t ''a i5 - Gene V. Watson, Vice President STATE Y, E § :. 1 s. 12 • Countyof Weld 1 . e_ • .► N •. ‘'y1. - The foregoing instrument was acknowledged before me this 4th day of March , A. D. 19 75 , by L. Wayne Wells as the Public Trustee in said County of , WE1d , Colorado. ...o .,. �Q.` . hd:',.• Witness my hand and Official Seal • 60TAfty t. My commission ea ires, Feb. 2,Q, 1978 A t,,6a. • tft • Notary Public. , h. 1/f4:of flvt , No. $ 904, Release of Deed of Trust by the Public Trustee. I2224/10/ ®6/6 1u1uw #yy II Iit 1 . ruLn •macIHagaLfr s c poo cil G! i kJ m W zoo co 'E! CC IIrD Zca el rn 01 1 01 x a4 * 4,1( .4 _.a I PS Fdf a.kjliSISMASS _i I r a 8 . I t w .� • wJ o w >z x z ,� L0 ww a ] � `li r` x z 1-1 O o a o co O 00 W pp L.L. ¢ov '1'4,f1 z' U C7 I ro . y a w wz o ,5 W U 6 w A OO is JiJH1: el 1 4 n 119 0 ,n x Mat 0 PS Formal letitt 180114.7145 . raiment secter Q 69 w g ru u Q _ ce 1111111 Et Le `^ W w a ! 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