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Home My WebLink About920843.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR THE EXPANSION OF A NONCONFORMING USE (EXCAVATION BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - WILLIAM AND MARY HABERKON 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 2nd day of September, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of William and Mary Haberkon, 3733 Weld County Road 6, Erie, Colorado 80516, for a Site Specific Development Plan and Special Review Permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SE,' Section 22, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, William Haberkon, applicant, was present, 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 reconsidered on and continued to October 7, 1992, at 10:00 a.m. , to allow time for compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, to be reconsidered by the Board on October 7, 1992, at 10:00 a.m. PL0879 920843 - ii 'i -c_c • 19L rtfP HOLD , �-ifl SPECIAL REVIEW PERMIT - HABERKON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of September, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: (J /// WELD COU TY, COLORADO Weld County Clerk to the Board Geo a Kenned , Chairman BY: %� irie / /S Deputy Cler t the Board r� Constance L. Harbert, Pro-Tem APPROVED AS FORM: C. W. Kir y County Attorney Gor W. H. Webster 920843 HEARING CERTIFICATION DOCKET NO. 92-48 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR THE EXPANSION OF A NONCONFORMING USE (EXCAVATION BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - WILLIAM AND MARY HABERKON A public hearing was conducted on September 2, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Bruce Barker Planning Department representative, Brian Grubb The following business was transacted: I hereby certify that pursuant to a notice dated August 17, 1992, and duly published August 20, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of William and Mary Haberkon for a Site Specific Development Plan and Special Review Permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District. Bruce Barker, Assistant County Attorney, made this a matter of record. Brian Grubb, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Mr. Grubb said the Planning Commission resolution does not limit the pieces of equipment allowed to be parked on the south side of the property; there are no provisions for screening on the north side of the property; and the Mountain View Fire Protection District submitted a letter stating no welding, cutting, or spray painting be allowed. Mr. Grubb confirmed for Commissioner Kirby that the north side of the property is the back side. After discussion among the Board and Mr. Grubb, William Haberkon, applicant, stated his shop has doors on the front and the back, with 90% of the equipment being on the jobs. In response to questions of the Board, Mr. Haberkon said the equipment is usually parked in the back and, he has no problem with limiting the parking in the front to three or four vehicles. In reference to the letter from the Fire Protection District, Mr. Grubb explained that if welding is to take place in the building, it would change the fire code, and sprinklers would probably need to be installed. Commissioner Harbert asked Mr. Haberkon if he ever welds or spray paints in the shop. Mr. Haberkon said that is the whole reason the shop is there. The Board concurred that Mr. Haberkon would need to comply with the fire code. Commissioner Harbert explained to Mr. Haberkon that the Board has to comply with the State Fire Code. Mr. Haberkon said his insurance company has inspected and insured the property. He said since he was established before the fire code, he is legal. After discussion concerning the expansion, Mr. Grubb explained that building permits were pulled in 1985 to expand the shop, and this application is to correct a violation that has been in existence for approximately two and one-half years. The violation existed because the uses allowed by the building permits were not consistent with what is going on in the buildings now. It was to be a private use and not a business. In response to a question from Commissioner Kirby, Mr. Grubb said the permit could be approved with a development standard requiring compliance with the Mountain View Fire Protection District and the Weld County Building Code. Commissioner Lacy questioned whether it would be better to approve with a development standard or to continue the matter to work with the Fire Protection District. Mr. Barker said work needs to continue with the Fire Protection District. He said, if the matter is 920843 �( C 7 cc. .44) 1T3uti.,o ,_6 iV.3P RE: HEARING CERTIFICATION - HABERKON PAGE 2 continued, to ask for information on certain issues and use that information to reconsider the matter. However, the matter could be approved with the suggested development standard, which would make the applicant comply with all rules and regulations set forth in the fire code. Commissioner Webster moved to approve the request of William and Mary Haberkon for a Site Specific Development Plan and Special Review Permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District subject to compliance with the fire code of the area. Commissioner Kirby seconded the motion. Chairman Kennedy said he would vote against the motion, because there are other items on the table that have not been discussed. Commissioner Harbert said she would rather vote for a continuance. On roll call vote, the motion failed with Commissioners Lacy, Harbert, and Kennedy voting nay. Chairman Kennedy suggested discussing the fencing. There was no public testimony offered concerning this matter. Commissioner Harbert moved to reconsider and continue said matter to October 7, 1992, at 10:00 a.m. to allow time to comply with the fire code, fencing, and vehicle requirements. The motion was seconded by Commissioner Lacy, and it carried four to one, with Commissioner Webster voting nay. Mr. Barker said the grandfathering issue should also be looked into, and there was further discussion. This Certification was approved on the 9th day of September, 1992. APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO Weld County Clerk to e Board n �d By: Uwe r Ken dy, Chairman Deputy Clerk to the Boa /9 4277.1 �r Constance L. Harbert, Pro-Tem TAPE 1192-26 -- C. W. Kirb DOCKET #92-48 Gord c PL0879 W. H. Webs er 920843 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 Site Specific Development Plan and Special Review Permit 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 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. DOCKET NO: 92-48 APPLICANT William and Mary Haberkon 3733 Weld County Road 6 Erie, Colorado 80516 DATE: September 2, 1992 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SE's of Section 22, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 6 and approximately } mile west of Interstate 25 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: August 17, 1992 PUBLISHED: August 20, 1992, in the Windsor Beacon 920974 ls'u LD CCU;, i Y nc mon G` ' - AFFIDAVIT OF PUBLICATION Pastas M sky a rdThe Streat0efaeiaad 1?"" CE? -2 Alt 7s-atiTE OF COLORADO the Weld Otttraly Dag ss Cameo.•Put*B saa the Carbon evriei,or Damp CLERK COUNTY OF WELD of the Board of County DemoomI Dom k ps Lem r n n r r1 Commissioner.of Weld stmt,Thad rely. I Q {1-i_ v. ., .a. County, Colorado,Weld Qotomm Y, KEITH HANSEN, of said County of Weld, being duly County Content Ci1gK• sworn,say that I am publisher of 616 100 Bbst Flint Rock WCKETND:SM Oreefsy,Colorado,al the Sa epolfoi AApsiition APPLICIWT.: .. and WINDSOR BEACON say nnmer Yanaaft May nsa wW Plan and°WWI Coolly S, Erle, Pormh are requested to Colorado60616 a weekly newspaper having a general circulation in said g ad Nam beast onE: ,moo County and State, published in the town of WINDSOR, BpaaP,MB BINUMlrappLtem«a6 in said County and State; and that the notice, of which TpE:10K0 am awned perry duke the the annexed is a true copy, has been published in said meta of•co a^to t.° REQUEST:ANN Sputa weekly for successive weeks, that the notice to make a record of theman __successive a addalon to Special Development Pont for was published in the regular and entire issue of every the taped rooad which MA the expatNldm a a number of the paper during the period and time of kep be t during the hewing. the Clerk to the Board's par inuse the publication, and in the newspaper proper and not in a Office shall be advised In A(AgaaraelJ7oraeDhtrkt supplement, and that the first publication of said notice writing of such action at la flu days Pas to tie LEGAL DESCRIPTION: was in said paper bearing the date of the Moong. The Bost of Pat of the SE NI alien e ngaging a cowl reporter 22, Townahl, I North, Q shall b borne by the Raven mate the 66a 1,Oday of . 4 1t(. t4_51- , A.D., 19f y and mAIII CCPUtY. P.M., Weld County, the last publication bearing the date of the BE IT ALSO KNOWN that Cade the text and maps so LOCATION:fah of and day of , A.D., 19_ and • called W M ONO Cary aepaerat to Wald County PliargoNrarelamay Radtald 4.:.y1 that the said WINDSOR BEACON has been published be malmml ata dad rlewra ammo as continuously and uninterruptedly for the period of 5 the perk te the Soard,a BOARD OF: COUNTY consecutive weeks,in said County and State,prior to the CCMMNSICNERS.WELD date of first publication of said notice, and the same is a OOt11RY,C LONt100 newspaper within the meaning of an Act to regulate BY:DONALD a WARDEN, printing of legal notices and . .vertisements, approved WELD COUNTY CLERK TO May 18, 1931 and all prior .• : so ar = in force. THE BOARD BY:Miry K.la Depmy Canto Beard Ifs Published In a Window • •'SHER _. Beacon a Arat Si, lap. Subscribed .nd sworn to before me this 3/ day of ati tsce ` 19n97 . k0.11037- ervu?\oc✓ • NOTARY PUBLIC My commission expires 9—/c7 -�>S • • • • 92 0974 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-48, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 17th day of August, 1992. Deputy Cleri2 to the Board GEORGE AND BETTY BAIN 3754 WELD COUNTY ROAD 6 ERIE, CO 80516 ROLAND AND RUTH ANN FAHRENBRUCH 3654 WELD COUNTY ROAD 6 ERIE, CO 80516 JOHN STIPANOVICH 1767 I-25 FRONTAGE ROAD ERIE, CO 80516 MARY BAKER 3423 WELD COUNTY ROAD 6 ERIE, CO 80516 GEORGE VOGL 9729 WELD COUNTY ROAD 24 FORT LUPTON, CO 80621 RICHARD AND SHERRILL FEASTER 21 BROOKSIDE DRIVE LITTLETON, CO 80121 ROBERT AND KAREN LOVEWELL 3693 WELD COUNTY ROAD 6 ERIE, CO 80516 MARVIN SNYDER 3843 WELD COUNTY ROAD 6 ERIE, CO 80516 DALE L. TINKLE 3883 WELD COUNTY ROAD 6 ERIE, CO 80516 WILLIAM AND MARY HABERKON 3733 WELD COUNTY ROAD 6 ERIE, CO 80516 920974 Hello