HomeMy WebLinkAbout891577.tiff OFFICE OF COUNTY ATTORNEY
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PHONE(303)366-4000 EXT 4391
* .,, P O BOX 1948
GREELEY,COLORADO 80632
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COLORADO
December 21, 1989
Ray Roth
7591 Brian Avenue
Windsor, CO 80550
RE: Buckeye Trapshooting Range
Dear Mr. Roth:
This letter is in response to questions you have raised regarding
the Buckeye Trapshooting Range on Weld Ccunty Road 74 as well as
other issues you have raised regarding construction within the
Roth Subdivision. Please feel free to contact me if this letter
does not answer the questions you have raised in this regard.
The Buckeye Trapshooting Range was approved by Weld County as a
Special Use Permit, with eleven Development Standards, on June 27,
1979 . The Development Standards were intended tc mitigate
negative impacts generated by the proposed use and the permit
holder is required to demonstrate conformance with the Development
Standards during the operation of the permit. Non-compliance with
the approved Development Standards could be reason for revocation
of the Special Use Permit if the Board of County Commissioners
determines , in a public hearing where the permit holder and
members of the public are allowed to testify, that the Development
Standards have not been met. The Special Use Permit also requires
compliance with any supplementary regulations which might apply
under the Zoning Ordinance or , as it existed in 1979 , the Zoning
Resolution. The Planning Department and the Weld County Health
Department will again investigate the property to determine if the
shooting range is operating in compliance with the approved
Special Use Permit and the Zoning Ordinance , and appropriate
action will be taken to bring the property in compliance if any
violations are discovered.
The current Zoning Ordinance and the Zoning Resolution which
existed in 1979 contain a similar language relative to a time
limit for shooting ranges . The language now contained at Section
45 . 3 . 1 provides "A Special Review Permit to operate an outdoor
shooting range may be issued for a period of up to five years . "
This section authorizes the Board of County Commissioners to
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Ray Roth
Page 2
December 21 , 1989
choose to place a condition on any approval of a permit for a
shooting range to require a new application every five years to
continue to exist. The language does not require that the
shooting range be limited and that the time of the approval in
1979 of the Buckeye Range, no such condition was imposed on the
facility. The Special Use Permit file , in fact, contains several
letters of support from surrounding property owners for the
creation of the facility, including some properties within Roth
Subdivision. Apparently, there WdS not evidence before the Board
of County Commissioners at the time the permit was issued which
would indicate the need to impose a five-year limit on the
shooting range based, in part, upon the support of the surrounding
property owners.
The "Park" area in Roth Subdivision was dedicated to the use of
the public during the subdivision process. Two public hearings
were held, after notice to the residents , in 1981 to determine if
the property should be returned to Alex Roth, Jr. , the developer,
for further development. The Planning Commission recommended , and
the Board of County Commissioners decided , that the property was
intended as a park, that it should remain public, and that it
should remain in a natural state until a homeowners association
took control of the property. This decision was based , in part,
on a number of residents indicating their preference that the
property remain in its natural state. Mr. Roth was the only
person testifying in favor of the County disposing of the
property. More recently, the County reviewed the drainage
question and determined that attempting to channel water away from
the property would place an unnatural burden on downstream owners .
The area constitutes a natural wetland and water has historically
collected on the property.
You have also questioned the "giant warehouse" which is located
in the Roth Subdivision and which was issued a building permit on
March 29 , 1979 . Regulations currently in place would require the
40 ' x 60 ' building to receive a Use by Special Review, but in
1979 , there was no such requirement that an accessory use obtain a
permit in order to be located within the Subdivision. The
building did receive a variance of five feet from the setback on
the west property line on April 10 , 1980 , from the Weld County
Board of Adjustment . It is not the practice of Weld County to
enforce or administer private subdivision covenants and in an
enforcement action based on the covenants should have been taken
within a year of the construction cr the building by the residents
of the subdivision or any other entitled to enforce pursuant to
the covenants such as the developer or homeowners association.
Because the building was built in compliance with Weld County
regulations at the time and an appropriate variance obtained,
there is no current 7iolation which could be pursued. However, if
there are other violations of the Weld County Zoning Ordinance
which you believe are occurring in Ruth Subdivision, I would
Aay Roth
Page 3
December 21 , 1989
encourage you to contact the Planning Department and make your
concerns known.
Thank you for your attention to this matter.
Yours truly,
Se O1-24""fri--
' ee D. Morrison
Assistant County Attorney
LDM: sa
xc: ,Board of County Commissioners
Chuck Cunliffe, Planning Department
Drew Scheltinga, Engineering Department
Wes Potter, Health Department
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