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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN
ACCESSORY STRUCTURE LARGER THAN 1,500 SQUARE FEET ON A LOT IN A
SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT - GARY AND DOROTHY
BJORKLUND
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 5th
day of January, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for
the purpose of hearing the application of Gary and Dorothy Bjorklund, 5965 W.
23rd Street, Greeley, Colorado 80634, for a Site Specific Development Plan and
Special Review Permit for an accessory structure larger than 1,500 square feet
on a lot in a subdivision in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot 46, West Ridge, Fourth Filing, Weld
County, Colorado
WHEREAS, Gary Bjorklund, said applicant, was present, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides
standards for review of said Special Review Permit, 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 Comprehensive Plan encourages growth of residential
development to occur within the Urban Growth Boundaries.
Land-use development proposals within an Urban Growth Boundary
shall be encouraged so long as they conform to the desires of
the surrounding municipality as expressed in its Comprehensive
Plan: The City of Greeley considered this request and
recommended conditional approval.
PL0939
940044
PLO 93q
n
SPECIAL REVIEW PERMIT - BJORKLUND
PAGE 2
b. The property under consideration is zoned A (Agricultural) .
The Comprehensive Plan has been developed to support and
preserve the agricultural industry and way of life. The
accessory structure in question is intended to adhere to this
by providing shelter for horses. Accessory structures less
than 1,500 square feet on lots less than ten acres are uses
permitted by right in the A (Agricultural) Zone District. Any
accessory structure that exceeds 1,500 square feet is required
to adhere to the Use by Special Review regulations and
procedures.
c. The accessory structure is compatible with the surrounding
large-lot agricultural subdivision. There are other accessory
structures located in the surrounding large lot subdivision.
These accessory structures are also being used to house
horses.
d. The permitted use will be compatible with future development
of the surrounding area. The property is located in the West
Ridge Subdivision, which is an agricultural subdivision. The
surrounding properties are residential in nature, with the
majority of the surrounding area in large lots.
e. The applicant has demonstrated a diligent effort to conserve
productive agricultural land. The accessory structure will
not change the size of the lot.
f. No overlay districts affect the site.
g. Special Review Permit 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 Site Specific Development Plan and
Special Review Permit for an accessory structure larger than 1,500 square feet
on a lot in a subdivision in the A (Agricultural) Zone District on the
hereinabove described parcel of land be, and hereby is, granted subject to the
following conditions:
1. The attached Development Standards for the Special Review Permit
shall be adopted and placed on the Special Review plat prior to
recording the plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 15 days of approval by the Board
of County Commissioners.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
940044
SPECIAL REVIEW PERMIT - BJOItKLUND
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the followin/g vote on the 5th day of January, A.D. , 1994.
In' II A // I BOARD OF COUNTY COMMISSIONERS
ATTESTAl. `, �, �, ,� y�/ WELD COUNTY COLORADO
��/ftt "`JJJ t/ v u�
Weld County Clerk to the Board I '_
Webster, C airm
,BY:/_/ _ / /,A.,f .;te
Deputy Clerk to Bo rd Dale . Hall, Pm
APPROVED AS TO FORM: et,
E----- Geo ge . Baxter
o ty Attorney Constance L. Harbert
ti Li
arbara J. Kirkme r
940044
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS
GARY AND DOROTHY BJORKLUND
USR #1035
1. The Site Specific Development Plan and Special Review Permit is for an
accessory structure larger than 1,500 square feet on a lot in an
agricultural subdivision in the A (Agricultural) Zone District as
submitted in the application materials on file in the Department of
Planning Services and subject to the Development Standards stated herein.
Uses permitted as uses by right and accessory use are also permitted and
are not considered part of the Special Review Permit.
2. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
3. There shall be no commercial activity, even if it is currently listed as
a use by right, unless the use is agreed to by both the City of Greeley
and the County. Such use may constitute an amendment to the Special
Review Permit.
4. All construction 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 ensure the activities carried out on
the property comply with the Development Standards stated herein and all
applicable Weld County Regulations.
8. The Special Review area shall be limited to the plans shown herein and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development 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 Development 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 Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the Permit
by the Board of County Commissioners.
940044
HEARING CERTIFICATION
DOCKET NO. 94-02
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN
ACCESSORY STRUCTURE LARGER THAN 1,500 SQUARE FEET ON A LOT IN A
SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT - GARY AND DOROTHY
BJORKLUND
A public hearing was conducted on January 5, 1994, at 10:00 A.M. , with the
following present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Daniels-Mika
The following business was transacted:
I hereby certify that pursuant to a notice dated December 15, 1993, and
duly published December 23, 1993, in the Windsor Beacon, a public hearing
was conducted to consider the request of Gary and Dorothy Bjorklund for a
Site Specific Development Plan and Special Review Permit for an accessory
structure larger than 1,500 square feet on a lot in a subdivision in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney,
made this a matter of record. Monica Daniels-Mika, Planning Department
representative, entered the favorable recommendation of the Planning
Commission into the record as written. Gary Bjorklund, applicant, was
present and requested Development Standards #3 and #5 be deleted and
explained his reasons. Ms. Daniels-Mika indicated the Plan is only
applicable to the building and not to the property. She further explained
the City of Greeley, as a referral agency, requested said standards;
however, she believes the City removed the standards at its Planning
Commission meeting. Mr. Morrison explained if the City receives a
referral on a controversial issue, staff refers it to the Planning
Commission. Mr. Bjorklund indicated there was no opposition at the City
Planning Commission's meeting, and he clarified Standard #3 was removed
but #5 was not. Ms. Daniels-Mika reiterated said Standards were added
because a referral agency recommended them; however, the Board can remove
them. She also explained initially there was considerable opposition;
however, after clarification that the building already exists, the request
became more acceptable. Mr. Morrison clarified the Special Review Permit
applies to the entire property. There was further discussion concerning
whether the Conditions and Standards apply to the structure or the entire
parcel. Mr. Bjorklund stated the removal of Standards #3 and #5 would
remove the problem. Mr. Morrison reiterated if Mr. Bjorklund is satisfied
with the removal of Development Standards #3 and #5, that would be an
adequate remedy. Mr. Bjorklund stated he agrees the Permit applies to the
entire property; however, the Development Standards need to be written so
as not to restrict the rights as a property owner. After further
discussion, Mr. Morrison stated the last sentence in Development Standard
#1 permits uses considered as accessory or by right, and the problem could
be resolved by deleting Standards #3 and #5. No public testimony was
offered concerning this matter. Commissioner Hall moved to approve the
request of Gary and Dorothy Bjorklund for a Site Specific Development Plan
and Special Review Permit for an accessory structure larger than 1,500
square feet on a lot in a subdivision in the A (Agricultural) Zone
District, based on the recommendations of the Planning staff and the
Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record and with the deletion of Development
Standards #3 and #5. The motion was seconded by Commissioner Baxter, and
it carried unanimously. Commissioner Kirkmeyer apologized to Mr.
Bjorklund for any inconveniences.
940044
PLcC:i3g
RE: HEARING CERTIFICATION - BJORKLUND
PAGE 2
This Certification was approved on the 10th day of January, 1994.
// APPROVED:
i D
ATTEST: i1i �/7 BOARD OF COUNTY COMMISSIONERS
y,�OY Q iv=,6% Il✓w �'tiv
WELD COUNTY, CpLORADO
Weld County Clerk to the Board `{t ¢ / 4�
By: 47tc."G(947/ _,fly ci-r ' Webster,atercalan
e , Hall, - m
TAPE #94-01
Ge ge Baxter
DOCKET #94-02
Constance L. Harbert
PL0939 /424-44.(u
Barbara J. Kirkmey r U
940044
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF JANUARY 1994:
DOCKET 9 93-90 - COZ WILLIAM AND CHARLES JERKE
DOCKET 9 94-01 - WASTE SERVICES CORP. CLOSURE PLAN (CENTRAL WELD LANDFILL)
DOCKET 0 94-02 - USR GARY AND DOROTHY BJORKLUND
DOCKET 0 94-03 - USR THOMAS AND BEVERLY TROSTEL
PLEASE write or print your name legibly, your address and the DOCKET I! (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
(7QX-X din i rSLI.�.Ci-(�/
17 �c.9 `z�'A .�c�
t 97v e lr rierilq//4 7/( -7l 9 S ca,
Ls aeon__ , 97?) ywcoy, J L.:, l/�
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lA/'c'�' y�7inie
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GPI/)%;"G �.,J �lan J ,9�7().? �, ( / 'f `- '' (.�
t..12-QA--- �,INC 3/ WC-f< -3 y 1,4 s91-Z-Ji I
..era-d ifete /y 73q V4 2.4)( 7z Gre roeO <:,S/
S -�e k,,,-p- ,-fso 01 LA:JLei, Co 7otys—
940044
NOT I C E
The Board of County Commissioners of Weld County, Colorado, on January 5, 1994,
conditionally approved a Site Specific Development Plan and Special Review Permit
for the property and purpose described below. Conditional approval of this plan
creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as
amended, for a period of three years.
APPLICANT: Gary and Dorothy Bjorklund
5965 W. 23rd Street
Greeley, Colorado 80634
LEGAL DESCRIPTION: Lot 46, West Ridge, Fourth Filing, Weld County,
Colorado
TYPE AND INTENSITY
OF APPROVED USE: An accessory structure larger than 1,500 square feet on
a lot in a subdivision in the A (Agricultural) Zone
District
SIZE OF PARCEL: 3.66 acres, more or less
Failure to abide by the terms and conditions of approval will result in a
forfeiture of the vested property right.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
CLERK TO THE BOARD
BY: \S YXif Jt hdd
ie/
Deputy Cl 4h to the Board
PUBLISHED: January 20, 1994, in the Windsor Beacon
940044
AFFIDAVIT OF PUBLICATION
SMIZ
STATE OF COLORADO
The Board of County
Commissioners of Weld `5$
County,Colorado,on COUNTY OF WELD
January -5, 1994„
aendtl.nab approved a I, ROGER A. LIPKER, of said County of Weld, being duly
Site Specific
Development plan and sworn,say that I am publisher of
Special Review Permit
far the property and WINDSOR BEACON
purpose described,
blew. Conditional)
approval of this plan a weekly newspaper having a general circulation in said
wares_ a walled County and State, published in the town of WINDSOR, in
prapsrty right purr said County and State; and that the notice, of which the
CAS.,
And., e8 e n*t' annexed is a true copy, has been published in said weekly
as enema to
apoodornr«yen for / successive weeks, that the notice was
published in the regular and entire issue of every number of
APPLICANT:Gwy end
Sty Bioridund,ME the paper during the period and time of publication, and in
w.aid street WSW. the newspaper proper and not in a supplement, and that
Pawedo 80634 the first publication of said notice was in said paper bearing
LEGAL DESCRIP IOle the 4ate of
Let 48. West Ridge. alb day of r A.D., 19 974 and the
Feurth Filing, Weld last publics bearing the'date of the
_day of A.D., 19 and that
TYPE ANDIMEMEN the said WINDSOR BEACON has been published
CF APPROVED USE:. continuously and uninterruptedly for the period of 5
As accessory strunn consecutive weeks, in said County and State, prior to the
gage
on s then ,a sp •
an
date of first publication of said notice, and the same is a
wabdivision In the A newspaper within the meaning of an Act to regulate printing
lAsacultural) Zane of legal notices and advertisements, approved May 18,
Di akt 1931,and all prior acts so far as in force.
a OF PAREU IS //_
2
more or less l.Ii,
FOP*to SSD by Ow7
N and con�o1 s ef U ISHER
appeal Wig result in a ,`
fillisitur•of dm vend Subscribed and sworn to before me this �7 # day of
Poe"rleht � _ 19
SCSND OF COUNTY o/
ogismissioNEAS. /! 1hPPr9 211{-nyry4
wets COUNTY, NOTARY PUBLIC
COLORADO c� " r�
BY: DONALD D. My commission expires (/a'.Qy 2 r / y9 .
WARDEN,CLERK TO /
TIE BOARD
BY: Shelly K.Killer,
Deputy Clerk to the
Board
PaYleAed- It1:, the
Medaal•Sagisia ea
Say attn.
940044
NOTICE
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: 94-02 APPLICANT
Gary and Dorothy Bjorklund
5965 W. 23rd Street
Greeley, Colorado 80634
DATE: January 5, 1994
TIME: 10:00 a.m.
REQUEST: A Site Specific Development Plan and Special Review Permit for an
accessory structure larger than 1,500 square feet on a lot in a
subdivision in the A (Agricultural) Zone District
LEGAL DESCRIPTION: Lot 46, West Ridge, Fourth Filing, Weld County, Colorado
LOCATION: 5965 W. 23rd Street, Greeley, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Linda M. Dodge
Deputy Clerk to the Board
DATED: December 15, 1993
PUBLISHED: December 23, 1993, in the Windsor Beacon
940044
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
Thld Flew,Greeley, ss
Ca OsWads. COUNTY OF WELD
Purulent to We=WO DOCKET NO:es-ot I, KITH HANSEN, of said County of Weld, being duly
tows d Me-State of
Calagdsand the Wad APPLICANT;Gay and sworn, say that I am publisher of
County Zontns Owaety.Blordiad,We
ONhtance, a PAW W.XIS Street Greeley, WINDSOR BEACON
Morino will be held in cast, 80604
the Chambers of the -
lead of County DATE:January 5,1904 a weekly newspaper having a general circulation in said
Consiesloners of Wild - County and State, published in the town of WINDSOR,
cats
Co Col Cad a� TIME:tO:ooawn. in said County and State; and that the notice, of which.
Ceewr,lat510th Sara, SST: A Siu the annexed is a true copy, has been published in said
Flat floor, Greeley. SpW1k Development weekly for_Z__ successive weeks, that the notice
Colorado,at the time Pen and Special was published in the regular and entire issue of every
se_ SaL At persons in ftsdew Permit for an
erg tanner Interested asesasory structure number of the paper during the period and time of
in lie Site Spetifl: Msr than I,WO aware publication, and in the newspaper proper and not in a
OIMON9nent`Pea'>rd Net en a jot la a supplement, and that the first publication of said notice
`t—RAevew PION subdivision In the A was in said paper bearing
aw nNwuted m Wind (IkrrNWturey Zone P P the date of the
and maybe heard. WWI a7
Maul M aapileare a MIL OESORIPTION: 2day of y�S LN.1444-41.4. , A D., 19 and
any interested party Let M.Wei Sedge, the last publication bearing the date of the
donne to presence al• Faints fa{y, Weld
cowl reporter to males MOW.CIS any of , A.D., 19 and
record of 'the on that the said WECDSOR BEACON has been published
peaesangs,in edamLOCATICIt W.
w We taped read a3d In ee..�, , continuously and uninterruptedly for the period of 5
somas**Win Ceti. *„ R consecutive weeks,in said County and State, prior to the
s SUnto.the Clerk te y.- date of first publication of said notice, and the same is a
Oa Said'°OSIa shoe lOANO ptspYlyTV newspaper within.the meaning of an Act to regulate
Mt cello n wdeltte yrELD liYNERS, printing of legal notices an advertisements, approved
sot ee6n at tenet Ssa WELD tiialINTV. P g g
days prior to the COLOfMO* _ May 18, 1931,and all prior cts ar as in force.
horns. The cost of
eosins a court rt Budd B.Wed.% p
A,f
. rue shell be.bone Weld Oeunty Clerk to /( p
W ile nenesting WSW ZU„(
BE tT ALSO KNOWN IV: Linda U. Done, ,P LISHER
WO OW ext and me i Deputy Clerk to this 7-1 174
es Wad by der WW sac Subscribed and sworn to before me this w / day
-14
Pistols. of XLQ-P. n.t 19 ?3
melon may be DATED:December t6,
n the oNoeaf its
M ID the Board of Q�i1.12� /,t /N-Q
Oewey Oaoaaselaws, cad- In the NOTARY PUBLIC
Naa l n the WeS f]wWeat en
County Ceei*Pet. My commission expires 9e41.7
2 / I' 9'4,
Oarar,n9 fstr row.
940044
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #94-02, was placed in the United States mail, postage
prepaid, addressed to the following property' owners.
_
�
DATED this � /46 day of C -t) , 1993.
Deputy
to the
Board
John T. and Nancy M. Meredith Paul and Denis M. Retzlaff
5949 23rd St. 2245 59th Ave.Ct.
Greeley, CO 80634 Greeley, CO 80634
Richard C. and Carole A. Cutshall Ed Orr
5948 23rd St.Ct. 801 8th St. #230
Greeley, CO 80634 Greeley, CO 80631
Claudia K. and Clark L. Fields Highland Hills Freewill Baptish
5924 23rd St. Church
Greeley, CO 80634 4808 W. 6th St.
Greeley, CO 80634
Daniel M. and Jo D. Fowler
and Leslie Lynn Logue Faye L. Lundvall
6215 24th St. 2201 95th Ave.
Greeley, CO 80634 Greeley, CO 80634
Danny G. and Jody A.Goodwine Richard J. and Judy L. Condreay
6088 23rd St.Ct. 2115 Fairway Lane
Greeley, CO 80634 Greeley, CO 80634
Dennis G. and Judi D. Devore Benito Joseph Montoya, Jr.
2310 59th Ave.Ct. and Lucy Jasso Montoya
Greeley, CO 80634 2119 Fairway Lane
Greeley, CO 80634
Kelvin K. and Holly A. Knaub
2314 59th Ave.Ct. Steven M. and Penny F. Dressor
Greeley, CO 80634 2205 Fairway Lane
Greeley, CO 80634
Keith W. Bishop and Barbara A. Hall
5975 23rd St. David M. and Jean S. Daviet
Greeley, CO 80634 2209 Fairway Lane
Greeley, CO 80634
Jane M. and Gary C. Thelen-Wade
2248 59th Ave.Ct. John B. and Kristin R. Ebens
Greeley, CO 80634 2219 Fairway Lane
Greeley, CO 80634
940044
USR #1035 - BJORKLUND
CERTIFICATE OF MAILING
PAGE 2
John R. and Susan L. Townsend Ben L. Slater and Pamela L. Ingmire
2303 Fairway Lane 2110 Fairway Lane
Greeley, CO 80634 Greeley, CO 80634
Thomas A. Atkins Walter Bergendahl
2305 Fairway Lane 1315 14th Ave.
Greeley, CO 80634 Greeley, CO 80631
Marlene K. Monson Jerry A. and Rita B. Kiefer
and Daniel A. Lambrecht 2120 Fairway Lane
2307 Fairway Lane Greeley, CO 80634
Greeley, CO 80634
Charlotte B. Williamson
Leland K. and Catherine J. Johnson 2206 Fairway Lane
2311 Fairway Lane Greeley, CO 80634
Greeley, CO 80634
Timothy D. Cavanagh
Walter R. and Lynn K. Kendall and Gloria M. Cavanagh
2315 Fairway Lane 2210 Fairway Lane
Greeley, CO 80634 Greeley, CO 80634
George G. and Hazel D. Stephens Charles S. and Karen R. Unfug
2317 Fairway Lane 2214 Fairway Lane
Greeley, CO 80634 Greeley, CO 80634
John C. and Carol A. Bartlett Scott D. and Linda M. Fish
2321 Fairway Lane 2280 Fairway Lane
Greeley, CO 80634 Greeley, CO 80634
Jerry R. and Barbara G. May Joseph J. and Barbara L. Slobojan
2335 Fairway Lane 2304 Fairway Lane
Greeley, CO 80634 Greeley, CO 80634
Randall Lee and Christie Sue Albert Rudolf G. Danford
2341 Fairway Lane 2308 Fairway Lane
Greeley, CO 80634 Greeley, co 80634
Carter A. and Connie J. Brooks Dale F. and Ophelia R. Greer
5806 W. 24th St. 2312 Fairway Lane
Greeley, CO 80634 Greeley, CO 80634
George R. and Barbara A. Conger Helen E. King
5800 W. 24th St. 2316 Fairway Lane
Greeley, CO 80634 Greeley, CO 80634
Priscilla Johnson Daniel J. and Shelley L. Hatch
2106 Fairway Lane 2320 Fairway Lane
Greeley, CO 80634 Greeley, CO 80634
940044
USR #1035 - BJORKLUND
CERTIFICATE OF MAILING
PAGE 3
Dixie W. Steen
5801 W. 24th St.
Greeley, CO 80634
Mary Frances Morton
5719 W. 24th St.
Greeley, CO 80634
City of Greeley
Highland Hills Golf Course
City Hall
1000 10th St.
Greeley, CO 80631
Gary E. and Dorothy A. Bjorklund
5965 W. 23rd St.
Greeley, CO 80634
940044
5800 W. 24th Street
Greeley, Colorado 80634
Wednesday, November 10, 1993
Mrs. Constance L. Harbert
County Commissioner
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631
Dear C arbert:
A neighbor of mine, Gary Bjorklund, built a very attractive barn on his
property and is now having the situation reviewed by your planning people. His
Case Number is: USR-1035.
I have no idea of what went wrong with Mr. Bjorklund's project that he
could have controlled, or what might have been missed in the Planning Services'
Department, but I hope that Mr. Bjorklund won't be harmed by some technicality.
He built an aesthetically attractive structure and, as a neighbor, I have absolutely
no problem with it.
Thank you for your attention to this matter.
Yours uly,
George R. Co er
cc: Gary Bjorklund
5965 W. 23rd Street
f x l) /b/t e'c'.' /-2C: NZ; /iccC 940044
SUMMA= OF THE WELD 'COUNTY ?:_.A.NNING COMMISSIo:: MEETING
Ce,e.-ber i , '_993
gage 6
another tower of same height. There will be no interruption or visual
obstruction to surrce:nding property owners and no aircraft safety issues. He
will continue to utilize this equipment for emergency aid throughout weld County,
if necessary.
The Chairperson asked if there was anyone in the audience who wished to speak for
or against this application. No one wished to speak.
Tom Rulon moved to forward Case Number USR-1034, Steven M. London, to the Board
of County Commissioners with the Planning Commission' s recommendation for
approval. Shirley Camenisch seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Ron Sommer - yes ; Tom Rulon - yes; Juliette
Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi -
yes. Motion carried unanimously.
CASE NUMBER: USR-1035
APPLICANT: Gary and Dorothy Bjorklund
REQUEST: A Site Specific Development Plan and a Special Review permit for an
accessory structure larger than 1500 square feet on a lot in an
Agricultural Subdivision.
LEGAL DESCRIPTION: Lot 46, Westridge, 4th Filing, Weld County, Colorado.
LOCATION: 5965 W. 23rd Street, Greeley, Colorado.
Gary Bjorklund, applicant, explained his property is zoned Agricultural and his
uses (horses, hay and trailer storage, and woodworking) are consistent with this
zoning. He said he was told by the Department of Planning Services a permit was
not required for a barn. He constructed the barn and when he submitted a
building permit application to install electrical, he was told the barn was too
large for the subdivision his property was located in.
The Chairperson asked if there was anyone in the audience who wished to speak for
or against this application.
Walter Bergan, surrounding property owner, was concerned with the height of the
building obstructing views.
Charles Unfug, surrounding property owner, said this is a very attractive barn
and there is no negative impact on the surrounding area.
Leland Johnson, surrounding property owner, compared the barn with semi-trailers
parking. He said the structure is too large for the area and not an attractive
addition to the subdivision.
Xh/ 7 G 940944
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
December 7, 1993
Page 7
Monica Daniels-Mika discussed the letter received from the City of Greeley
Planning Department and informed the Planning Commission members that the Greeley
Planning Commission would not meet to hear this referral until December 14, 1993.
Ron Sommer asked Lee Morrison if a decision to approve this application would be
setting a precedence in the area. Lee Morrison explained this is not a court of
law, but there is a definite change in the neighborhood, and as a point of
evidence there has been a definite impact.
Tom Rulon moved Case Number USR-1035, Gary and Dorothy Bjorklund, be forwarded
to the Board of County Commissioner' s with the Planning Commission' s
recommendation for approval. Shirley Camenisch seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Ron Sommer - yes; Tom Rulon - yes; Juliette
Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi -
yes. Motion carried unanimously.
CASE NUMBER: USR-1036
APPLICANT: Thomas G. and Beverly R. Trostel
REQUEST: A Site Specific Development Plan and a Special Review permit for a
single family dwelling on a lot less than the minimum lot size in
the A (Agricultural) zone district.
LEGAL DESCRIPTION: Part of the E2 NW4 and a portion of the NE4 of Section
9, T6N, R66W of the 6th P.M. , Weld County, Colorado.
LOCATION: Approximately 1/4 mile east of Weld County Road 29 and south of Weld
County Road 72.
Larry Intermill, representative, Thomas and Beverly Trostel, explained there was
a recorded exemption approved in 1987, on this property. This property consists
of two legal lots and they are requesting a boundary line adjustment to change
the existing lots (4 acres and 150 acres) to lots consisting of 70 acres and 80
acres. He explained there is a house on one property and the other property is
a legal lot.
The Chairperson asked if the applicant agreed with staff's recommendation. Larry
Intermill said yes.
Ron Sommer moved Case Number USR-1036, Thomas and Beverly Trostel, be forwarded
to the Board of County Commissioners with the Planning Commission' s
recommendation for approval. Marie Koolstra seconded the motion.
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONER',', : "7
Moved by Tom Rulon that the following resolution be introduced for paTsfigK by the
Weld County Planning Commission. Be it resolved by the Weld Cytunty Planning
Commission that the application for:
CASE NUMBER: USR-1035
NAME: Gary and Dorothy Bjorklund
ADDRESS: 5965 W. 23rd Street, Greeley, CO 80634
REQUEST: A Site Specific Development Plan and a Special Review permit for an
accessory structure larger than 1,500 square feet on a lot in a
subdivision in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Lot 46, West Ridge, Fourth Filing, Weld County,
Colorado.
LOCATION: 5965 W. 23rd Street, Greeley, CO 80634
be recommended favorably to the Board of County Commissioners 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 Department of Planning Services' staff that the
applicant has shown compliance with Section 24.3 of the Weld County Zoning
Ordinance as follows:
The Comprehensive Plan encourages growth of residential development
to occur within the Urban Growth Boundaries. Land-use development
proposals within an Urban Growth Boundary shall be encouraged so
long as they conform to the desires of the surrounding municipality
as expressed in its Comprehensive Plan: The City of Greeley
considered this request and recommended conditional approval.
This property under consideration is zoned A (Agricultural) . The
Comprehensive Plan has been developed to support and preserve the
agricultural industry and way of life. The accessory structure in
question is intended to adhere to this by providing shelter for
horses. Accessory structures less than 1,500 square feet on lots
less than ten acres are uses permitted by right in the A
(Agricultural) zone district. Any accessory structure that exceeds
1,500 square feet is required to adhere to the Use by Special Review
regulations and procedures.
The accessory structure is compatible with the surrounding large-lot
agricultural subdivision. There are other accessory structures
located in the surrounding large lot subdivision. These accessory
structures are also being used to house horses.
rxh/A,cA
de—h 940044
RESOLUTION, USR-1035
Gary and Dorothy Bjorklund
Page 2
The permitted use will be compatible with future development of the
surrounding area. The property is located in the West Ridge
Subdivision, which is an Agricultural subdivision. The surrounding
properties are residential in nature, with the majority of the
surrounding area in large lots.
The applicant has demonstrated a diligent effort to conserve
productive agricultural land. The accessory structure will not
change the size of the lot.
No overlay districts affect the site.
Special Review Permit 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 of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review permit shall be
adopted and placed on the Special Review plat prior to recording the plat.
The plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's office within
15 days of approval by the Board of County Commissioners.
2. The Special Review activity shall not occur nor shall any building or
electrical permits be issued on the property until the Special Review plat
is ready to be recorded in the office of the Weld County Clerk and
Recorder.
Motion seconded by Shirley Camenisch.
VOTE:
For Passage Against Passage
Ron Sommer
Tom Rulon
Juliette Kroekel
Marie Koolstra
Shirley Camenisch
Judy Yamaguchi
The Chairperson 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.
940044
RESOLUTION, USR-1035
Gary and Dorothy Bjorklund
Page 3
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do
hereby certify that the above and foregoing resolution, is a true copy of the
resolution of the Planning Commission of Weld County, Colorado, adopted on
December 7, 1993.
D ted the 7th f Decemb 1993
Sharyn F. ff
Secretary
940044
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS
Gary and Dorothy Bjorklund
USR-1035
1. The Site Specific Development Plan and Special Review permit is for a Site
Specific Development Permit and a Special Review permit for an accessory
structure larger than 1,500 square feet on a lot in an agricultural
subdivision in the A (Agricultural) zone district as submitted in the
application materials on file in the Department of Planning Services and
subject to the Development Standards stated hereon. Uses permitted as
uses by right and accessory use are also permitted and are not considered
part of the Special Review permit.
2. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
3. The building shall be used for the scope and intensity as requested
(personal horse barn, storage and woodshop) . No additional uses shall be
permitted.
4. There shall be no commercial activity, even if it is currently listed as
a use by right, unless the use is agreed to by both the City of Greeley
and the County. Such use may constitute an amendment to the Use by
Special Review permit.
5. No additional out-buildings will be allowed on the property unless agreed
to by both the City of Greeley and Weld County.
6. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
7. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
8. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
9. 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 ensure the activities carried out on
the property comply with the Development Standards stated hereon and all
applicable Weld County Regulations.
10. The Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development 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 Development Standards
are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
940044
DEVELOPMENT STANDARDS, USR-1O35
Gary and Dorothy Bjorklund
Page 2
11. The property owner or operator shall be responsible for complying with all
of the foregoing Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the Permit
by the Board of County Commissioners.
940044
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Gary and Dorothy Bjorklund Case Number: USR-1035
Submitted or Prepared
Prior
to Hearing At Hearing
1. Application 12 pages X
2. 1 Application plat 1 page X
3. DPS referral summary sheet and letter X
4. DPS letter to applicant X
5. DPS Recommendation X
6. DPS Surrounding Property Owner/Mineral Owner
Mailing list, letter and certificate. X
7. 3 DPS Maps Prepared by Planning Technician X
8. DPS Notice of Hearing X
9. DPS Case File Summary Sheet X
10. DPS Field Check X
11. Draft Greeley Planning Commission by Greg Fleebe X
12. Fax by Greg Fleebe, City of Greeley X
13. Referral response from Don Carroll Weld County
Engineering X
14. Referral response from Jeff Stoll, Weld County
Health Department X
15. Planning Commission sign posting certificate X
16. Letter from Paul Retzlaff, PhD.
17. Letter from George R. Conger to William Webster X
18. Letter from George R. Conger to Connie Harbert X
19. Letter from Mr. and Mrs. Gary Wade X
20. Letter from Keith and Barb Bishop X
21. Letter from Dr. Walter and Lynn Kendall X
22. Letter from George and Hazel Stephens X
23. Letter from Leland K. and Catherine Johnson X
I hereby certify that the 23 items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning
Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office on December 10, 1993.
'')/-\ 17
gAA.LC CL. , i u R P \ .o,,
Mo ic Daniels-Mika, Current Plannler
STATE OF COLORADO )
)
COUNTY OF WELD )
SUBSCRIBED'AND S{WOR1C T00-BEFORE ME THIS day of J —_ 19_v.
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SEAL a r •; O :t,
4 m 4
5Z„ �`' OTARY"PUBLI C
My Commission EXpr �es Dj&ft. t,a 1 I tc 940044
ffx/7/19/ A A
EXHIBIT INVENTORY CONTROL SHEET
Case G(SC-4935 4ir/ d` 631,9 etAy
Exhibit Submitted By Exhibit Description
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940044
USE BY SPECIAL REVIEW APPLICATION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone - 353-3845 - Ext. 3540
Case Number Date Received
Application Checked By Mylar Plat Submitted
Application Fee Receipt Number
Recording Fee Receipt Number
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)
I (we) , the undersigned, hereby request a hearing before the Weld County Planning
Commission and Weld County Board of County Commissioners concerning the proposed Use
by Special Review Permit on the following described unincorporated area of Weld
County, Colorado:
i
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: N•F 4 Section a.
T S^ N, R 66 W
LEGAL DESCRIPTION of contiguous property owned which Special Review Permit is
proposed: A/IF %/ Section /4v T $ N, R (pb W
Property Address (if available) 4-94s- k.) 23'4 ST 6eeELE, Co 8aG3R/
PRESENT ZONE R-I aNJ Aq OVERLAY ZONES Akyvf
TOTAL ACREAGE Z. G G PROPOSED LAND USE ?- 1 4„J A, d`/a1 L/ 46re- 4.,c.
EXISTING LAND USE PcsiJc.._]'7.6/ Ac/'G4j a
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED/� FOR THE USE BY SPECIAL REVIEW PERMIT:
Name: &ARV .�.` a.�J Do.PQ7 V v /9• A To,eleL K N O
Address: S9 4S— ( 4 23"d ST City: G,PFEhf+s Zip: 904 34
Home Telephone: ;3.0f)- 24071 Business Telephone:
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 record.
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 ) 24-7 4)
tli
Si nature: 0 er or Authorized t
Subscribed and sworn to before me this -egs day of
T° t�.n,
NOTARY PUBLIC a Jil Ls
My commission expires .• , '
94. G44
USE BY SPECIAL REVIEW PERMIT APPLICATION
5965 WEST 23 STREET GREELEY,CO.
LOT 46 WEST RIDGE FOURTH FILING
DESCRIPTION OF THE PROPOSED OPERATION
The proposed building is a family recreational facility--barn. The barn will be used to support family
activities.Horses,hay,various personal trailers and vehicles,and a wood shop will be contained in the
building.
The previous shelters for the horses and hay were temporary in nature and unsightly in appearance. There
was no shelter for the trailers or two vehicles and they sat out.
Many of the surrounding properties have horses or are equipped to handle them.
The barn is in the approximate center of my 3.66 acres. The barn is approximately 76 feet from my house
to the South, 162 feet from the prpoerty line to the East and 188 feet from the property across 59th Avenue
to the West.
The number of users,patrons,members,and buyers is not applicable.(Family use)
The number of employees,number of shifts,and hours of operation is not applicable. (No employees)
The type of water source,will be City of Greeley water.
The access will be through a private drive off West 23 Street. There is a Utility Company access through the
pasture off 59 Avenue.
The type,size,weight and frequency of vehicular traffic are not applicable. (Normal family use)
The type of sewage facilities is not applicable. The property is currently on a septic system.
Fire protection measures are not applicable. (F-11 Milliken fire district)
There are stalls for three horses. I have three children.
The type and size of waste,stockpile or storage facilities are not applicable.
The type of storm water retention facilities is not applicable.
The time schedule and method of removal and disposal of debris,junk and other wastes are not applicable.
Landscaping plans and erosion control measures are not applicable.
Reclamation procedures to be employed upon cessation of the Use by Special Review activity are not
applicable.
Time table showing the periods of time required for construction and start-up is not applicable.
940044
USE BY SPECIAL REVIEW PERMIT APPLICATION
5965 WEST 23 STREET GREELEY,CO.
LOT 46 WEST RIDGE FOURTH FILING
SUPPORTING DOCUMENTATION
The area is zoned for residential and agricultural. The proposed use is consistent with an agriculture zoned
district. An agricultural zoned district allows for residential zoned uses. The intent of the design was to
have a barn that did not look like a metal shed and be large enough to keep a horse trailer,camper trailer and
a car inside and thus clean up the appearance of the property. When complete this property will present a
quality residence for horse lovers.
This proposal is consistent with the West Ridge subdivision plan for quality acreage.
This property was a weed patch when we purchased it. We are developing a quality pasture for horse use.
The health,safety,and welfare of the inhabitants of the neighborhood will not be compromised by the size
of this building. The use is the same as the surrounding properties.
Four of the eight West Ridge properties immediately surrounding subject property maintain horses.
There are no known plans to change the zoning from residential and agricultural.
The subject property is not in a flood plain,not in a geologic hazard area,and not in the Weld County
Airport overlay district.
Subject property is presently using City of Greeley water.
The Warranty Deed is attached.
A noise report is not applicable.
A soil report is not applicable.
The Certified list of the names,addresses and parcel identification numbers of the surface property owners
is attached.
Patent Reservation recorded July 23, 1917,in Book 417 at page 553 and September 10, 1920,in book 511 at
page 456 as follows: "Reserving,however,to the State of Colorado all rights to any and all minerals,ores
and other metals of every kind and character and all coal,asphaltum,oil and other like substances in or
under said land...." Copy of"Policy of Title Insurance" Schedule B number 9 is attached.
940044
Recorded at o'clock _ M, on Book — _ Page
Reception No. Recorder
c -`Wet rj,fr'Deed X
THIS DEED is a conveyance of the real property described below, Including any improvements and other appurtenances (the
"property")from the individual(s),corporation(s),partnership(s),or other entity(ias)named below as GRANTOR to the individuals)
or entlty(ies)named below as GRANTEE.
The GRANTOR hereby sells and conveys the properly to the GRANTEE and the GRANTOR warrants the title to the properly,
except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and
rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)
any protective covenants and restrictions shown of record,and(a)any additional matters shown below under"Additional Warranty
Exceptions".
The Specific Terms of This Deed Are:
Grantor: (Give name(s)and placate)of residence;II the spouse of the owner-grantor is joining in this Deed to release homestead rights.Identity
grantors as husband and wife.)
LARRY C. McVEY and MARSHA McVEY
4700 Prospect Drive
Littleton, Colorado 80123
Grantee: (Give name(s)and addreastes);statement of address,Including available road or street number,is required)
GARY E. BJORKLUND and DOROTHY A. BJORKLUND
5965 23rd Street •
Greeley, Colorado 80634
Form of Co-Ownership: (Inhere are two or more grantees named,they will be considered to lakes tenants in common unless the worth in
joint tenancy"or words of the same meaning are added In the space below)
Joint Tenants
Property Description: (Include county and stale.)
Lot 46,
WEST RIDGE FOURTH FILING,
A Subdivision of Weld County, Colorado.
Property Address: 5965 23rd Street,; Greeley, Colorado 80634
Consideration: (The statement of adollar amount is optional:adequate consideration for this deed will be presumed unless this conveyance Is
identified as a gilt;in any casehhis conveyance is absolute.final and unconditional.)
One Hundred Eighty Thousand Dollars and No/100ths. ($180,000.00)
R lions Restrictions: Ill the GRANTOR Intends o Interest in the property or to convey less than he owns,or it the GRANTOR
is restricting the GRANTEE'S right In the property,make appropriate indication)
W
Additional Warranty Exceptions: (Include duds of trust being assumed and other matters not covered above.)
to
3
0
Executed by the Grantor on November 14 . 19
89
Signature Clause for Corporation,Partnership or Association: Signature Clause for Indlvtdual(s);
Name of Grantor: Corporation,Partnership or Association Larry C. McVey` Grantor
Gy
Marsha McVey r"..)\—PYGrantor
Ely
Attest: Grantor
STATE OF COLORADO
COUNTY OF Weld •) 63. ,
The foregoing Instrument was acknowledged before me this 14th day of November 19 89
By. Larry C. McVey' and Marsha McVey
•
WITNESS my hand and official seal.
My commission expkea: May 20, 1991
Notary Public
STATE OF
COUNTY OF ) 63.
The foregoing instrument was acknowledged before me this day Cl , 19
By•
(•name individual Grantor(s)or if Grantor IsCorporatlon,Partnership or Association,then identify signers as president or vice president and secretary or
assistant secretary of corporation;or as parings)of partnership;or as authorized members)of association.)
WITNESS my hand and official seal.
My commission expires: Notary Public
c teas UPDATE LEGAL FORMS NO.201
P.O.Box 1815•Greeley.Colorado 80632 �� ��\ OAO0 f -
(363)Jae-6380 OYV a}a}
09
195119
TICOR TITLE
INSURANCE Policy of Title Insurance
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY (a Stock
Company); a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against
loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title;
This policy shall not be valid or binding until countersigned below by a validating signatory of the Company.
TICOR TITLE INSURANCE COMPANY
By President
+/-4
Attest Secretary
Count r gne :
Validating Signet.ry
940044
TO ICAO 5165)1 A'rvrrlcn n tar,,)T Ne Assotiannn Owner A Pokey Fern,8-1970(Amended 10-IJ-70) CAT NO No01150
OWNER POLICY NO. 09195119
SCHEDULE B
This policy does not insure against loss or damage by reason of the following
exceptions:
1. Rights or claims of parties in possession not shown by the public records .
2 . Easements , or claims of easements, not shown by the public records .
3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments , and any
facts which a correct survey and inspection of the premises would disclose and which
are not shown by the public records.
4 . Any lien, or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records .
5. Taxes or special assessments which are not shown as existing liens by the public
records.
6 . Taxes for the year 1989, a lien, but not yet due or payable.
7 . Easement for the installation and maintenance of utility and drainage facilities as
contained in the restrictions, said easement being over the REAR AND SIDE 10 feet of
subject property.
8. Easement for utility and drainage purposes as shown on the plat of subdivision, said
easement being over the EASTERLY 10 FEET AND THE SOUTHEASTERLY 10 feet of subject
property.
9. Patent Reservation recorded July 23, 1917 in Book 417 at Page 553 and September 10,
1920 in Book 511 at Page 456 as follows : "Reserving, however, to the State of
Colorado all rights to any and all minerals , ores and other metals of every kind and
character and all coal, asphaltum, oil and other like substances in or under said
land and the right of ingress and egress for the purpose of mining, together with
enough of the surface of same as may be necessary for the proper and convenient
working of such minerals and substances . "
10. The effect of Right of Way Contract to the Colorado-Wyoming Gas Company, recorded
June 25, 1947 in Book 1206 at Page 410, Weld County Records.
11. The effect of a Right of Way Contract to the Colorado-Wyoming Gas Company, recorded
June 25, 1947 in Book 1206 at Page 411, Weld County Records .
12. A Greeley Loveland Shareholder's Domestic Water Agreement between Roy T. Briggs ,
Arthur V. Briggs, Lila Briggs and The Greeley and Loveland Irrigation Company and
the City of Greeley recorded under Reception Nos. 1416744, 1414745 and 1422242 ,
agreeing on water usages and authorizes annexation to the City of Greeley at such
time as the City Council may desire such action.
13. Agreement as contained in instrument recorded August 26, 1970 in Book 632 as
Reception No. 1553639 between Rocky Mountain Enterprises, Inc. and Tom Vessels
subject to all terms and conditions contained therein.
CONTINUED NEXT PAGE
- 2 -
940044
USE BY SPECIAL REVIEW PERMIT APPLICATION
5965 WEST 23 STREET GREELEY,CO.
LOT 46 WEST RIDGE FOURTH FILING
SECTION 24.6 -- OPERATION STANDARDS FOR USES BY SPECIAL REVIEW
Noise standards do not apply as they will be typical family activities.
Air quality regulations do not apply.
Water quality regulations do not apply.
Lighting will not cause a nuisance or interfere with adjacent properties,or cause a traffic hazard.
The heat generated will not raise the air temperature at the lot line.
The property will be properly maintained with regard to weeds and grasses.
940044
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GARY E. BJORKLUND and DOROTHY A. ARHUMAND _
5965 23rd Street 2.
Creeley. Colorado 80634
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(as evaNa
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE ESTATE
Application No. Ad
n_
Subject Property .$•f 4.5 W ,22. 3 ST 4enary do
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 accurate list of the names
and addresses of all mineral owners and lessees of mineral owners on or under
the parcel of land under 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 or an attorney.
The foregoing instrument was subscribed and sworn to before me this
ea/day of [Per , 19 f WITNESS my hand and official
seal.
My Commission Expires: ,jLG etQ
Notary Public 67
j/' 9 . �j
e'.ifs .
940044
NAMES OF ADJACENT "OPERTY OWNERS:
Gary E. & Dorothy A. Bjori. .d 095916401003
5965 23rd Street
Greeley, Colorado 80634
John T. & Nancy M. Meredith 095916401002
5949 23rd Street
Greeley, Colorado 80634
Richard C. & Carole A. Cutshall 095916409005
5948 23rd Street Court
Greeley, Colorado 80634
Claudia K. & Clark L. Fields 095916409006
5924 23rd Street
Greeley, Colorado 80634
Daniel M. & Jo D. Fowler 095916409007
& Leslie Lynn Logue
6215 24th Street
Greeley, Colorado 80634
Danny G. & Jody A. Goodwine 095916101001
6088 23rd Street Court
Greeley, Colorado 80634
Dennis G. & Judi D. Devore 095916103006
2310 59th Avenue Court
Greeley, Colorado 80634
Kelvin K. & Holly A. Knaub 095916103005
2314 59th Avenue Court
Greeley, Colorado 80634
Keith W. Bishop & Barbara A. Hall 095916103007
5975 23rd Street
Greeley, Colorado 80634
Jane M. & Gary C. Thelen-Wade 095916103008
2248 59th Avenue Court
Greeley, Colorado 80634
Paul & Denise M. Retzlaff 095916103009
2245 59th Avenue Court
Greeley, Colorado 80634
Ed Orr 095916104008
801 8th Street #230
Greeley, Colorado 80631
Ed Orr 095916104007
801 8th Street #230
Greeley, Colorado 80631
Ed Orr 095916104006
801 8th Street #230
Greeley, Colorado 80631
Highland Hills Freewill Baptist Church 095915210005
4808 W. 6th Street
Greeley, Colorado 80634
940044
Faye L. Lundvall 095915210006
2201 95th Avenue
Greeley, Colorado 80634
Richard J. & Judy L. Condreay 095915210007
2115 Fairway Lane
Greeley, Colorado 80634
Benito Jospeh Montoya Jr. 095915210008
& Lucy Jasso Montoya
2119 Fairway Lane
Greeley, Colorado 80634
Steven M. & Penny F. Dressor 095915210009
2205 Fairway Lane
Greeley, Colorado 80634
David M. Daviet 095915210010
2209 Fairway Lane
Greeley,Colorado 80634
David M. & Jean S. Daviet 095915110011
2209 Fairway Lane
Greeley, Colorado 80634
John B. & Kristin R. Ebens 095915210012
2219 Fairway Lane
Greeley, Colorado 80634
John R. & Susan L. Townsend 095915210013
2303 Fairway Lane
Greeley, Colorado 80634
Thomas A. Atkins 095915210014
2305 Fairway Lane
Greeley, Colorado 80634
Marlene K. Monson 095915210015
& Daniel A. Lambrecht
2307 Fairway Lane
Greeley, Colorado 80634
Leland K. & Catherine J. Johnson 095915210016
2311 Fairway Lane
Greeley, Colorado 80634
Walter R. & Lynn K. Kendall 095915210017
2315 Fairway Lane
Greeley, Colorado 80634
George G. & Hazel D. Stephens 095915210018
2317 Fairway Lane
Greeley, Colorado 80634
John C. & Carol A. Bartlett 095915207023
2321 Fairway Lane
Greeley, Colorado 80634
Jerry R. & Barbara G. May 095915207024
2335 Fairway Lane
Greeley, Colorado 80634
940044
Randall lee & Christie Sue ""iert 095915207025
2341 Fairway Lane
Greeley, Colorado 80634
Carter A. & Connie J. Brooks 095915207026
5806 W. 24th Street
Greeley, Colorado 80634
George R. & Barbara A. Conger 095915207027
5800 W. 24th Street
Greeley, Colorado 80634
Priscilla Johnson 095915209007
2106 Fairway Lane
Greeley, Colorado 80634
Ben L. Slater & Pamela L. Ingmire 095915209008
2110 Fairway Lane
Greeley, Colorado 80634
Walter Bergendahl 095915209009
1315 14th Avenue
Greeley, Colorado 80631
Jerry A. & Rita B. Kiefer 095915209010
2120 Fairway Lane
Greeley, Colorado 80634
Charlotte B. Williamson 095915209011
2206 Fairway Lane
Greeley, Colorado 80634
Timothy D. Cavanagh 095915209012
& Gloria M. Cavanagh
2210 Fairway Lane
Greeley, Colorado 80634
Charles S. & Karen R. Unfug 095915209013
2214 Fairway Lane
Greeley, Colorado 80634
Scott D. & Linda M. Fish 095915209045
2280 Fairway Lane
Greeley, Colorado 80634
Joseph J. & Barbara L. Slobojan 095915209016
2304 Fairway Lane
Greeley, Colorado 80634
Rudolf G. Danford(AKA George Rudolf) 095915206016
2308 Fairway Lane
Greeley, Colorado 80634
Dale F. & Ophelia R. Greer 095915206017
2312 Fairway Lane
Greeley, Colorado 80634
Helen E. King 095915206018
2316 Fairway Lane
Greeley, Colorado 80634
940044
Daniel J. & Shelley L. HatcF 095915206019
2320 Fairway Lane
Greeley, Colorado 80634
Dixie W. Steen 095915206020
5801 W. 24th Street
Greeley, Colorado 80634
Mary Frances Morton 095915206021
5719 W. 24th Street
Greeley, Colorado 80634
City of Greeley 095915200002
Highland Hills Golf Course
City Hall
901 7th Street
Greeley, Colorado 80631
310044
if n em®RAnDuriI
wine Monica Mika-Daniels
Date November 30, 1993
To
¢^ " ' t1 ee D. Morrison, Assistant County Attorney
COLORADO From
Gary Bjorkland, USR # 1035
Subject:
It is my understanding that you noticed the hearing before the
Planning Commission on this property based on a quarter section of
land rather than a lot and block description. However, the notices
also include a street address for an existing residence and the
general legal description as to the location. It is my opinion, in
this instance, that the lack of a lot and block description would
not be fatal to the notice provided on this property and would not
require republication or remailing. However, steps should be taken
to ensure that when this matter reaches the Board of County
Commissioners more precise notice is used.
LDM/gb:monica
D
DEO G 4 1993
'9/nld P�9lrnt./Planning
940044
REFERRAL LIST
NAME: Gary and Dorothy Bjorklund CASE NUMBER: USR-1035
REFERRALS SENT: November 5, 1994 REFERRALS TO BE RECEIVED BY: November 19, 1993
COUNTY TOWNS and CITIES
Attorney _Ault
X Health Department Brighton
Extension Service _Broomfield
_Emergency Management Office _Dacono
_Sheriff's Office Eaton
X Engineering _Erie
_Housing Authority _Evans
Airport Authority _Firestone
_Building Inspection _Fort Lupton
_Frederick
STATE _Garden City
_Division of Water Resources _Gilcrest
_Geological Survey X Greeley
_Department of Health _Grover
_Department of Transportation Hudson
_Historical Society _Johnstown
_Water Conservation Board Keenesburg
Oil and Gas Conservation Commission _Kersey
La Salle
FIRE DISTRICTS _Lochbuie
_Ault F-1 _Longmont
_Berthoud F-2 _Mead
Briggsdale F-24 Milliken
_Brighton F-3 New Raymer
_Eaton F-4 Northglenn
_Fort Lupton F-5 _Nunn
Galeton F-6 Pierce
_Hudson F-7 _Platteville
Johnstown F-8 _Severance
La Salle F-9 _Thornton
Mountain View F-10 _Windsor
X Milliken F-11
_Nunn F-12 COUNTIES
_Pawnee F-22 _Adams
Platteville F-13 Boulder
_Platte Valley F-14 _Larimer
Poudre Valley F-15
Raymer F-2 FEDERAL GOVERNMENT AGENCIES
_Southeast Weld F-16 _US Army Corps of Engineers
_Windsor/Severance F-17 _USDA-APHIS Veterinary Service
Wiggins F-18 _Federal Aviation Administration
Western Hills F-20 Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
_Central Colo. Water Conservancy Dist. _Brighton
_Panhandle Eastern Pipe Line Co. _Fort Collins
Tri-Area Planning Commission Greeley
_Longmont
West Adams
COMMISSION/BOARD MEMBER
X Tom Rulon
310044
�. DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
WI ID WELD COUNTY ADMINISTRATIVE OFFICES
140C. EY, N. ORA AVENUE
GREELEY, COLORADO80631
COLORADO
November 5, 1993 CASE NUMBER: USR-1O35
TO WHOM IT MAY CONCERN:
Enclosed is an application from Gary and Dorothy Bjorklund for a Site Specific
Development Plan and a Special Review permit for an accessory structure larger
than 1,500 square feet on a lot in a Subdivision in the A (Agricultural) zone
district. The parcel of land is described as the NE4 of Section 16, T5N, R66W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is 5965 West 23rd Street, Greeley.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
November 19, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: Agency:
Date:
340044
LAND-USE APPLICATION
SUMMARY SHEET
Date: December 7, 1993
CASE NUMBER: USR-1035
NAME: Gary and Dorothy Bjorklund
ADDRESS: 5965 W. 23rd Street, Greeley, Colorado 80631
REQUEST: A Site Specific Development Plan and a Special Review permit for an
accessory structure larger than 1500 square feet in the A
(Agricultural) zone district.
LEGAL DESCRIPTION: Lot 6 of West Ridge, Fourth Filing, Weld County, Colorado,
LOCATION: Approximately 1/2 mile north of U.S. Highway 34 at the intersection of
23rd Street and 59th Avenue.
SIZE OF PARCEL: ..(;Ps acres, more or less.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this Special Review permit is listed in Section 24.3
of the Weld County Zoning Ordinance.
The Department of Planning Services' staff has received responses from the
following agencies:
1. Weld County Department of Engineering
2. City of Greeley
The Department of Planning Services' staff has not received referral responses
from:
1. Milliken Fire Protection District - F-11
2. Weld County Health Department
The Department of Planning Services has received verbal comments concerning this
request from surrounding property owners.
Letters have been received from Dr. Paul Retzlaff and Walter and Lynn Kendall by
the Department of Planning Services.
940044
DEPARTMENT OF PLANNING SERVICES
' PHONE (303) 353-3345, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140GREELEY, ON ORAAVENUEO631
COLORADO 80631
COLORADO
November 5, 1993
Gary and Dorothy Bjorklund
5965 W. 23rd Street
Greeley, CO 80634
Subject: USR-1035 - Request for a Site Specific Development Plan and a
Special Review permit on a parcel of land described as the NE4 of
Section 16, T5N, R66W of the 6th P.M. , Weld County, Colorado.
Dear Mr. and Mrs. Bjorklund:
Your application and related materials for the request described above are
complete and in order at the present time. I have scheduled a meeting with
the Weld County Planning Commission for December 7, 1993, at 1:30 p.m.
This meeting will take place in the County Commissioners' Hearing Room,
first floor, Weld County Centennial Center, 915 10th Street, Greeley,
Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members might
have with respect to your application.
It is the policy of Weld County to refer an application of this nature to
any town or municipality lying within three miles of the property in
question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our
office has forwarded a copy of the submitted materials to the Greeley
Planning Commission for its review and comments. Please call the City of
Greeley at 350-9780 for further details regarding the date, time, and place
of this meeting. It is recommended that you and/or a representative be in
attendance at the Greeley Planning Commission Meeting to answer any
questions the Commission members may have with respect to your application.
It is the responsibility of an applicant to see that a sign is posted on
the property under consideration at least 10 days preceding the hearing
date. Sometime prior to November 22, 1993, you or a representative should
call me to obtain a sign to be posted on the site no later than November
25, 1993. The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way,
the applicant shall post one sign in the most prominent place on the
property and post a second sign at the point at which the driveway (access
drive) intersects a publicly maintained road right-of-way. Your sign
posting certificate must be returned to the Department of Planning
Services' office on or before the date of the hearing.
940044
Gary and Dorothy Bj clund
USR-1035
Page 2
The Department of Planning Services' staff will make a recommendation
concerning this application to the Weld County Planning Commission. This
recommendation will be available twenty-four (24) hours before the
scheduled hearing. It is the responsibility of the applicant to call the
Department of Planning Services' office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
r
Mica Daniels-Mika
Current Planner
940044
DATE: December 1, 1993
CASE NUMBER: USR-1035
NAME: Gary and Dorothy Bjorklund
ADDRESS: 5965 W. 23rd Street, Greeley, CO 80634
REQUEST: A Site Specific Development Plan and a Special Review permit for an
accessory structure larger than 1,500 square feet on a lot in a
subdivision in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Lot 46, West Ridge, Fourth Filing, Weld County, Colorado.
LOCATION: 5965 W. 23rd Street, Greeley, CO 80634
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the
applicant has shown compliance with Section 24. 3 of the Weld County Zoning
Ordinance as follows:
The Comprehensive Plan encourages growth of residential development to
occur within the Urban Growth Boundaries. Land-use development
proposals within an Urban Growth Boundary shall be encouraged so long
as they conform to the desires of the surrounding municipality as
expressed in its Comprehensive Plan: The City of Greeley considered
this request and recommended conditional approval.
This property under consideration is zoned A (Agricultural) . The
Comprehensive Plan has been developed to support and preserve the
agricultural industry and way of life. The accessory structure in
question is intended to adhere to this by providing shelter for
horses. Accessory structures less than 1,500 square feet on lots less
than ten acres are uses permitted by right in the A (Agricultural)
zone district. Any accessory structure that exceeds 1,500 square feet
is required to adhere to the Use by Special Review regulations and
procedures.
- The accessory structure is compatible with the surrounding large-lot
agricultural subdivision. There are other accessory structures
located in the surrounding large lot subdivision. These accessory
structures are also being used to house horses.
The permitted use will be compatible with future development of the
surrounding area. The property is located in the West Ridge
Subdivision, which is an Agricultural subdivision. The surrounding
properties are residential in nature, with the majority of the
surrounding area in large lots.
940044
RECOMMENDATION, USR-1035
Gary and Dorothy Bjorklund
Page 2
The applicant has demonstrated a diligent effort to conserve
productive agricultural land. The accessory structure will not change
the size of the lot.
No overlay districts affect the site.
Special Review Permit 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 of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
The Department of Planning Services' staff recommendation for approval is
conditional upon the following:
1. The attached Development Standards for the Special Review permit shall be
adopted and placed on the Special Review plat prior to recording the plat.
The plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's office within
15 days of approval by the Board of County Commissioners.
2. The Special Review activity shall not occur nor shall any building or
electrical permits be issued on the property until the Special Review plat
is ready to be recorded in the office of the Weld County Clerk and
Recorder.
940044
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS
Gary and Dorothy Bjorklund
USR-1035
1. The Site Specific Development Plan and Special Review permit is for a Site
Specific Development Permit and a Special Review permit for an accessory
structure larger than 1,500 square feet on a lot in an agricultural subdivision
in the A (Agricultural) zone district as submitted in the application materials
on file in the Department of Planning Services and subject to the Development
Standards stated hereon. Uses permitted as uses by right and accessory use are
also permitted and are not considered part of the Special Review permit.
2. Approval of this plan may create a vested property right pursuant to Section 90
of the Weld County Zoning Ordinance.
3. The building shall be used for the scope and intensity as requested (personal
horse barn, storage and woodshop) . No additional uses shall be permitted.
4. There shall be no commercial activity, even if it is currently listed as a use
by right, unless the use is agreed to by both the City of Greeley and the
County. Such use may constitute an amendment to the Use by Special Review
permit.
5. No additional out-buildings will be allowed on the property unless agreed to by
both the City of Greeley and Weld County.
6. All construction on the property shall be in accordance with the requirements
of the Weld County Building Code Ordinance.
7. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
8. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
9. 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 ensure the activities carried out on the property comply with
the Development Standards stated hereon and all applicable Weld County
Regulations.
10. The Special Review area shall be limited to the plans shown hereon and governed
by the foregoing Standards and all applicable Weld County Regulations. Major
changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed
in the office of the Department of Planning Services.
11. The property owner or operator shall be responsible for complying with all of
the foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners.
910044
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No. q�!
Subject Property .3-9 S" w. 23�d Sr at EEL El r do
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 accurate list of the names,
addresses, and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners' of property (the surface estate) within
five hundred feet of the property under consideration This list was compiled
from the records of the Weld County Assessor, or an ownership update from a
title or abstract company or attorney, derived from such records, or from the
records of the Weld County Clerk and Recorder. The list compiled from the
records of the Weld County Assessor shall have been assembled within thirty
days of the application' s submission date.
a_ tart/
The foregoing instrument was subscribed and sworn to before me this
1, day 62 , 199'3 by CS�?/W ' "-+i /QI-d.e„vQ
•
WITNESS my hand and official seal. / 130 POs
MY Commission expires: (_- �� � �,C.vi •••••..„41/,,s
Notary Public JUNk,3 r
ant
A.u
My Commission Expires: As,A0 d,„Z /M's '� ?•
ri .,::° - ` 940044
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the
surrounding property owners and owners and lessees of minerals in
accordance with the notification requirements of Weld County in Case Number
USR-1035 for Gary and Dorothy Bjorklund in the United States Mail, postage
prepaid First Class Mail by letter as addressed on the attached list.
this 8 day of November, 1993.
C/
940044
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353.3645, EXT.3540
WI I D WELD COUNTY ADMINISTRATIVE OFFICES
1400 GREELEY, N. ORA O8NUE
COLORADO 80631
COLORADO
DATE: November 5, 1993
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: USR-1035
There will be a Public Hearing before the Weld County Planning Commission
on Tuesday, December 7, 1993, at 1:30 p.m. , in the County Commissioners'
Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado concerning the request of:
NAME: Gary and Dorothy Bjorklund
FOR: A Site Specific Development Plan and a Special Review permit for an
accessory structure larger than 1,500 square feet on a lot in a
Subdivision in the A (Agricultural) zone district.
LEGAL DESCRIPTION: The NE4 of Section 16, T5N, R66W of the 6th P.M. , Weld
County, Colorado.
LOCATION: 5965 West 23rd Street, Greeley.
Your property is within five-hundred (500) feet of the property on which
this request has been made or you may have an interest in the minerals
located under the property under consideration. For additional information
write or telephone Monica Daniels-Mika, Current Planner.
Comments or objections related to the above request should be submitted in
writing to the Weld County Department of Planning Services, 1400 N. 17th
Avenue, Greeley, Colorado 80631, on or before the date of public hearing.
940044
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE/MINERAL OWNERS
Gary and Dorothy Bjorklund
USR-1035
John T. and Nancy M. Meredith
5949 23rd Street
Greeley, CO 80634
Richard C. and Carole A. Cutshall
5948 23rd Street Court
Greeley, CO 80634
Claudia K. and Clark L. Fields
5924 23rd Street
Greeley, CO 80634
Daniel M. and Jo D. Fowler
and Leslie Lynn Logue
6215 24th Street
Greeley, CO 80634
Danny G. and Jody A. Goodwine
6088 23rd Street Court
Greeley, CO 80634
Dennis G. and Judi D. Devore
2310 59th Avenue Court
Greeley, CO 80634
Kelvin K. and Holly A. Knaub
2314 59th Avenue Court
Greeley, CO 80634
Keith W. Bishop and Barbara A. Hall
5975 23rd Street
Greeley, CO 80634
Jane M. and Gary C. Thelen-Wade
2248 59th Avenue Court
Greeley, CO 80634
Paul and Denis M. Retzlaff
2245 59th Avenue Court
Greeley, CO 80634
Ed Orr
801 8th Street #230
Greeley, CO 80631
940044
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE/MINERAL OWNERS
Gary and Dorothy Bjorklund
USR-1035
Page 2
Highland Hills Freewill Baptist Church
4808 W. 6th Street
Greeley, CO 80634
Faye L. Lundvall
2201 95the Avenue
Greeley, CO 80634
Richard J. and Judy L. Condreay
2115 Fairway Lane
Greeley, CO 80634
Benito Joseph Montoya Jr.
and Lucy Sasso Montoya
2119 Fairway Lane
Greeley, CO 80634
Steven M. and Penny F. Dressor
2205 Fairway Lane
Greeley, CO 80634
David M. and Jean S. Daviet
2209 Fairway Lane
Greeley, CO 80634
John B. and Kristin R. Ebens
2219 Fairway Lane
Greeley, CO 80634
John R. and Susan L. Townsend
2303 Fairway Lane
Greeley, Co 80634
Thomas A. Atkins
2305 Fairway Lane
Greeley, CO 80634
Marlene K. Monson
and Daniel A. Lambrecht
2307 Fairway Lane
Greeley, CO 80634
940044
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE/MINERAL OWNERS
Gary and Dorothy Bjorklund
USR-1035
Page 3
Leland K. and Catherine J. Johnson
2311 Fairway Lane
Greeley, CO 80634
Walter R. and Lynn K. Kendall
2315 Fairway Lane
Greeley, CO 80634
George G. and Hazel D. Stephens
2317 Fairway Lane
Greeley, CO 80631
John C. and Carol A. Bartlett
2321 Fairway Lane
Greeley, CO 80634
Jerry R. and Barbara G. May
2335 Fairway Lane
Greeley, CO 80634
Randall Lee and Christie Sue Albert
2341 Fairway Lane
Greeley, CO 80634
Carter A. and Connie J. Brooks
5806 W. 24th Street
Greeley, CO 80634
George R. and Barbara A. Conger
5800 W. 24th Street
Greeley, CO 80631
Priscilla Johnson
2106 Fairway Lane
Greeley, CO 80634
Ben L. Slater and Pamela L. Ingmire
2110 Fairway Lane
Greeley, CO 80634
Walter Bergendahl
1315 14th Avenue
Greeley, CO 80631
940044
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE/MINERAL OWNERS
Gary and Dorothy Bjorklund
USR-1035
Page 4
Jerry A. and Rita B. Kiefer
2120 Fairway Lane
Greeley, CO 80634
Charlotte B. Williamson
2206 Fairway Lane
Greeley, CO 80634
Timothy D. Cavanagh
and Gloria M. Cavanagh
2210 Fairway Lane
Greeley, CO 80634
Charles S. and Karen R. Unfug
2214 Fairway Lane
Greeley, CO 80634
Scott D. and Linda M. Fish
2280 Fairway Lane
Greeley, CO 80634
Joseph J. and Barbara L. Slobojan
2304 Fairway Lane
Greeley, CO 80634
Rudolf G. Danford
2308 Fairway Lane
Greeley, CO 80634
Dale F. and Ophelia R. Greer
2312 Fairway Lane
Greeley, CO 80634
Helen E. King
2316 Fairway Lane
Greeley, CO 80634
Daniel J. and Shelley L. Hatch
2320 Fairway Lane
Greeley, CO 80634
940044
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE/MINERAL OWNERS
Gary and Dorothy Bjorklund
USR-1035
Page 4
Dixie W. Steen
5801 W. 24th Street
Greeley, CO 80634
Mary Frances Morton
5719 W. 24th Street
Greeley, CO 80634
City of Greeley
Highland Hills Golf Course
City Hall
901 7th Street
Greeley, CO 80631
940044
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(THClise,
DEPARTMENT OF PLANNING SERVICES
liD
PHONE(303)353.3345, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
0 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday,
December 7, 1993, at 1:30 p.m. for the purpose of considering a Site
Specific Development Plan and a Special Review permit for the property
described below. Approval of the request may create a vested property
right pursuant to Colorado Law.
APPLICANT: Gary and Dorothy Bjorklund
LEGAL DESCRIPTION: The NE4 of Section 16, T5N, R66W of the 6th P.M. , Weld
County, Colorado.
TYPE AND INTENSITY OF PROPOSED USE: An accessory structure larger than
1,500 square feet on a lot in a
Subdivision in the A (Agricultural)
zone district.
LOCATION: 5965 West 23rd Avenue, Greeley.
SIZE: 3.66 acres, more or less
The public hearing will be held 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, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above
date or presented at the public hearing on December 7, 1993.
Copies of the application are available for public inspection in the
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado
80631 - Phone - 353-3845, Extension 3540.
Judy Yamaguchi, Chairperson
Weld County Planning Commission
To be published in the Windsor Beacon
E:EEEEd . dl) NoEEer
ubl one ti 11, 1993
d
944}0,14
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss
COUNTY OF WELD
An aeaNuy structure
Eton t.MOsquare I, KEITH HANSEN, of said County of Weld, being duly
NOTICE OF PUIIJC feet an a lot in •
IIEABI__ SuWiyhwr In the A sworn,say that I am publisher of
(AErictiba) 20.41
The Weld County district WINDSOR BEACON
Planning Commission LOCATION: 5965 WPM
will hold a public lathy
on Tuesday,December OMAvenue,Greeley. a weekly newspaper having a general circulation in said
7,1993,at 1:30 am.kr IN
iii:3.08 ease,man County and State, published in the town of WDSOR,
the purpose of in said County and State; and that the notice, of which
considering a Site ethos
Specific Develop-ant the annexed is a true copy, has been published in said
The public hearing will
Plan and a Special for_j____ successive weeks, that the notice
Review permit for Me be held in the Weld
was published in the regular and entire issue of every
property deathbed Commissiorten'
Nwlna. Room, First number of the paper during the period and time of
below. Approval of the
equest may crew a Floor, Weld County publication, and in the newspaper proper and not in a
rvested property Sat peal Center,StS supplement, and that the first publication of said notice
pursuant to Colorado Yen*street,Greeley, was in said paper bearing the date of the
Law. Olinda Comments a P P
a *Mons related m the �7-,
APPLICANT:Gary and ago request should / day of // 6 .(2 , A.D., 19 V and
Dorothy Bjorldund MgMMmitted in"Ai the last publication bearing the date of the
. la Oa Weld County
LEGAL DESCRIPTION elPalaald of Pine.
The NE4 of Seaton l0. Sonless, 1400 N. t76 day of A.D., 19 and
T5N, R69W of the SR Ahead,,. Gaoieey. that the said WINDSOR BEACON has been published
Colorado.
Weld County, 010Milhe stove dais et continuously and uninterruptedly for the period of 5
Cobrado. palled at the pat consecutive weeks, in said County and State, prior to the
TYPE AND INTENSITY hparflan Deambert date of first publication of said notice, and the same is a
OF PROPOSEOUSE: illa newspaper within the meaning of an Act to regulate
% s of die printing of legal notices an advertisements, approved
tlm are avela l May 18, 1931,and all prior is ar as in force.
let rbec Inspection In
Pe Iertmem ��
gtelMrpng Services,1400
N. 17th Avenue,
aaaasy, Calera r, P LISHER
Madan ='Phone-Ms-
3sK,Extension 9N0.
Subscri d and sworn to before me this /5 day
aft Yamaguchi. of 6.,rtnn- .fir 19!
Chahperson, Plaid
County Planning
CommN}Iorl 1+x44 6, CA 4-,,,AN.o
FuldlaNd In Ma NOTARY PUBLIC
Windsor BM." en
me wyr 11,lads. My commission expires 9-.67 2, /99 �i .
- 010)—°15-?tW.-.‘L7--
•
i NOV 3 0 1993
Weld County Planning
rSeg ert4 V 1 940044
FIELD CHECK
FILING NUMBER: USR-1035 DATE OF INSPECTION: November 12, 1993
APPLICANT' S NAME: Gary and Dorothy Bjorklund
REQUEST: A Site Specific Development Plan and a Special Review permit for an
accessory structure larger than 1,500 square feet in the A
(Agricultural) zone district.
LEGAL DESCRIPTION: The NE4 of Section 16, T5N, R66W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 1/2 mile south of the intersection of W. 20th Street and
59th Avenue.
LAND USE: N Residential
E Large lot, residential
S Large lot, residential
W Large lot, residential
ZONING: N R-1 (Low Density Residential) and A (Agricultural)
E A (Agricultural)
S A (Agricultural) and R-1 (Low Density Residential)
W A (Agricultural) and R-1 (Low Density Residential)
COMMENTS:
The barn is situated in the back of the lot. Though the barn exceeds the minimum
size it does not appear to be contrary to the character of the neighborhood. In
addition to the barn there are two outbuildings on this site. The surrounding
properties are residential acreages. The property backs up to the City of
Greeley limits. The Planning Commission sign is posted. Access is off of West
23rd Street. No topography problems are presented.
Monii cl B'ante�s-Mi a, Current Planner
940044
11-24-1993 09:56AM FROM TO 63510978 P.01
• - //l OYlr 64.
weld co. PI •'�
Draft
From: Gee Pi 44e Gads/ c.c.-1y
PLANNING COMMISSION SUMMARY
ammw
ITEM: Weld County Referral
PROJECT: Use by Special Review for an Accessory Structure ;
Larger than 1, 500 Square Feet in an Agricultural Zone
District
APPLICANT: Gary and Dorothy Bjorklund
LOCATION: 5965 West 23rd Street
EXISTING COUNTY ZONE: A (Agricultural)
PLANNING' COMMISSION REARING DATE: December 14, 1993
PLANNINGi COMMISSION FUNCTION:
To make a recommendation to the Weld County Planning Commission
on development conformance with the City of Greeley's
Comprehensive Plan.
SITE DATA:
Total Acreage 3 6
Principle Use One residential structure
Principle Structure Size . . . 2,111 sq. ft. (main floor)
4,505 sq. ft. (total)
' j Accessory Structure A 3+ stall horse barn
Accessory Structure Size . . . 40' x 72 ' = 2, 880 sq. ft .
Other Accessory Structures. . . , 2
Number of Current Horses . . . • 3
Number of Horses Allowed . . . 14
I '
Accessory Structure Use Horse barn, storage, wood shop
Subdivision West Ridge 4th Filing
City of Greeley
Sewer
Water Supplier Septic
(see also Attachment A and B)
NOV 24 '93 09:58 PRGE.001
940044
11-24-1993 09:57RM FROM TO 63510978 P.02
Draft
LAND USES OF ADJOINING PROPERTIES:
North - Vacant/Residential
South - Residential
East - Residential
West - Residential/Vacant
ZONING CLASSIFICATION OF ADJOINING PROPERTIES;
See Attachment A.
BACKGROUND:
1. The property is located adjacent to the Greeley City limits
inside both the Mid-Range Expected Service Area (MRESA) and
the Long Range Expected Growth Area (LREGA) .
Therefore, by virtue of Section 19-7 of the Charter of the
City of Greeley and the 1987 weld County Comprehensive Plan
Policy of referring land-use proposals for review and comment
• to any jurisdiction within three miles of the proposal, the
proposal is within the purview of the Greeley Comprehensive
Plan.
2. It is the practice of the City of Greeley Planning Commission
to review the Weld County requests principally for
conformance with the City's Comprehensive Plan policies.
Specific design issues are addressed only to the degree
necessary to ensure consistency with the City' s Comprehensive
Plan and the City's Zoning Code.
3 . The applicant is requesting a Special Use Permit from Weld
County so that he may keep a 2,880 sq. ft. horse and storage
barn with a wood shop (see Attachment C for applicant's
narrative) .
The Weld County Zoning allows an accessory structure
(including barns) of up to 1, 500 square feet as an Accessory
Use in a subdivision in an Agricultural zone. An accessory
structure for agricultural use in an agricultural zone does
not normally require a building permit as long as certain
criteria are met. However, accessory structures in excess of
1,500 square feet, in a subdivision or for uses in addition
to agricultural uses (such as a wood shop) require a Special
Review Permit . The current request meets all three
situations which require a Special Review Permit .
Through an apparent misunderstanding between the applicant
and the Weld County Building Department, the applicant built
the existing 2, 880 sq. ft. barn without a Special Review
Planning Comm. Summary 2 WCR-Bjorklund
NOV 24 '93 08:59 PRGE.002
940044
11-24-1993 09:57AM FROM TO 63510978 P.03
D raft
Permit. A hold has been placed on the electrical permit; all
work on the barn has stopped and the applicant is now
requesting a Special Review Permit.
4 . If the existing barn does not receive a Special Review
Permit, or have some agreement with Weld County, the barn
will; be considered illegal and must either be removed or
reduced to no more than 1,500 square feet. Weld County would
not consider the barn as a non-conforming structure since it
was built subsequent to the adoption of the current code- A
nonconforming structure designation means that if the
structure were destroyed to 50% or more of its replacement
value by fire or some other calamity, or if its use were'
discontinued for more than one year it could not be rebuilt .
If the barn receives a Special Review Permit it would be
considered a conforming structure and could be rebuilt if it
were destroyed in a calamity. The barn could then be used
for all of the uses by right that go with the Agricultural
zone district such as animal boarding.
5 . Weld County Planning has received approximately fifteen
complaint calls from Greeley citizens regarding the barn.
The complaints have basically two concerns: 1) the barn is
too big for area and obstructs views, and; 2) because the
barn is so big it could support many more horses or other
animals than the neighbors would care to live next to. One
letter has been written in support of the barn.
Although the size of the barn seems to have sparked the
original concern by neighbors, most of those complaining do
not necessarily want to make the applicant take the barn
down. The neighbors want assurances that the site will not
be overrun with animals and that they will not be bothered by
other obnoxious uses operating out of the barn. The
neighbors are concerned that if the barn were built without a
permit, and it is imposing, that future of the barn may be
equally imposing.
Although the applicant only has three horses, he or a
subsequent owner could own or board up to eleven additional
horses as a Use by Right as long as the boarding activity
generated less than 60 vehicular trips per day. The
neighbors feel that 14 is to many horses on the site,
particularly during the summer, and that up to 60 vehicular
trips per day is potentially too much traffic.
KEY ISSUES;
Does the request comply with the Greeley Comprehensive Plan?
Planning Comm. Summary 3 WCR-Bjorklund
I'.
NOV 24 '93 0959 PAGE.0 ^0n4A
11-24-1993 09:58RM FROM TO 63510978 P.05
Draft
ANALYSIS
The Greeley Comprehensive Plan Policies do not refer to Weld
County Referrals or accessory structures such as barns. There
are however guidelines for all development. Therefore the
applicable policy is presented below:
Comprehensive Plan Policy 4 .3
All development is encouraged to be designed to promote
compatibility among neighboring land uses of differing intensity
and character. These efforts, where practical and appropriate,
should include complementary landscaping, building massing,
material selection, and site design.
Staff Comment: As previously indicated the neighbors have
primarily two compatibility concerns which are:
1) the intensity of use it promotes, and; 2) the
size of the barn itself.
The Greeley neighbors are concerned the barn as
built promotes an intensity of use that is not
compatible with the neighboring land uses
because it encourages the existing or future
owner to have more farm animals than are
reasonable on the site. The Weld County Zoning
Code allows up to 14 horses on the site, the
barn could accommodate that many horses.
A somewhat similar situation occasionally occurs
in the Alles Acres subdivision in Greeley.
Alles Acres is a large lot subdivision that was
developed in the county and has traditionally
had farm animals on it . Almost ever year
someone in Alles Acres decides to have more
animals on their property than they or previous
owners have traditionally had on the site. As a
result, complaints about odor and other nuisance
are filed with the City.
The second issue of compatibility is that as an
accessory use the barn generally does not
promote compatibility because of its large mass.
The primary concern of neighbors, both inside
and outside the city, is the size of the
structure. With an approximately 3, 000 sq. ft.
foot print and at least two stories tall the
barn is clearly larger than most; residences,
even in the West Ridge area. The barn is about
double the maximum size allowed for an accessory
use in an A zone in the County. Since the barn
Planning Comm. Summary 4 WCR-Bjorklund
N0V 24 '93 10:00 PRGE.005
940044
11-24-1993 09:59AM FROM TO 63510978 P.06
Draft
is larger in foot print and volume than the
applicants' house, the barn becomes the dominate
visual structure on the site and thus appears to
be the primary structure. For a few of the
property owners in Highland Hills Subdivision
the barn blocks some of their view of the
mountains to the west.
There have been no comments regarding the
landscaping or material selection. The Greeley
residents would probably prefer that the barn
not be screened from view by landscaping since
all view of the mountains would also probably be
obstructed.
PLANNING' STAPP RECOMMENDATION:
Staff does not recommend approval of the Special Review Permit
since it would legitimize and make permanent whatever mistakes
that have been made. More importantly the impact of the mistake
could potentially be transferred from the applicant to the
surrounding neighbors and Greeley property owners.
Staff therefore recommends that an agreement be made between: the
applicant and the county that mitigate the concerns of neighbors
to the greatest degree reasonably possible. The agreement should
run with the land so that it binds not only the applicant but
also subsequent purchasers. Staff recommend that the agreement
allow the applicant to:
1. Complete the building (e.g. electrical and plumbing for a
wash room) .
2. Use the building for the scope and intensity as requested,
but no more. Any additional use or increase in intensity,
even if it is listed as a use by right must receive some type
of review and approval . There may be some automatic
escalator clauses such as a horse or equivalent animal unit
for each resident of the house. However any additional
animal units would require agreement by both the County and
the City.
3 . There will be no commercial activity, even if it is currently
listed as a use by right, unless the use is agreed to by' both
the City and the County.
4. That no more out-buildings be allowed unless agreed to by
both the City and the county.
4 . That if the barn is reduced to 1,500 square feet that it may
be utilized as any other accessory building in a subdivision
in an A zone in the County.
Planning Comm. Summary 5 WCR-Hjorklund
NOU 24 '93 10:01 PAOE.006
940044
11-24-1993 09:59AM FROM. TO 63510978 P.07
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TOTAL P.07
NOV 24 '93 1001 PAGE.007
940044
12-06-1993 12:13PM FROM TO 63510978 P.01
CITY OF GREELEY
FAX TRANSMITTAL
(303) 350-9736
TO: d
COMPANY: 0 ,An G, . ?
FAX PHONE: 2$/ - 9 9 V
SENT FROM: GA eiLt
NUMBER OF PAGES (including cover sheet): 3
if you do not receive all pages call: (303) 350-
COMMENTS OR INSTRUCTIONS: A y
ana
. I3 elim-4/ ii . a at t4 ,
LNw.7r! t A Ali, ki.rr . day "A. lent la-a„ AL lass, 80.E
Ara+ I. k .Gne d%.• At. a 4. d.;l i t, as 4.4,
to :,t J 14. Kati • � t Mt.'#, cafe
DEC 6 '93 12:15 PRGE.001
940044
12-06-1993 12:13PM FROM TO 63510978 P.02
The primary concern of neighbors, both inside
and outside the city, is the size of the
structure. With an approximately 3, 000 sq. ft.
foot print and at least two stories tall the
barn is clearly larger than most residences;,
even in the West Ridge area. The barn is about
double the maximum size allowed for an accessory
use in an A zone in the County. Since the barn
is larger in foot print and volume than the
applicants' house, the barn becomes the dominate
visual structure on the site and thus appears to
be the primary structure. For a few of the
property owners in Highland Hills Subdivision
the barn blocks some of their view of the
mountains to the west. The applic could
however have legally built two ba 5 f 1, 590
square feet which would have appro m ately the
going
impact as the existing barn, without g g
through any review process.
There have been no comments regarding the
landscaping or material selection. The Greeley
residents would probably prefer that the barn
not be screened from view by landscaping since
all view of the mountains would also probably be
obstructed.
PLANNING STAFF RECOMMENDATION:
Staff recommends approval of the Special Review Permit
conditional upon the applicant and the county reaching an
agreement that would mitigate
the
elconcerns
aof neineignt hbors
to should 'the
he
greatest degree reasonably possible.
with the land
1 binds
rec mmends the following:but also
subseqquent purchasers. Staff
1. That the applicant be allowed to complete the building (e.g.
electrical and plumbing for a wash room) .
2 . That the applicant be allowed to use the building for the
scope and intensity as requested, but no more . Any
additional use or increase in intensity, must return for
approval.
3 . There will be no commercial or additional personal or ted structureaunlessvthe use oisa agreed tt h the the barn
by both theCityand
the County.
Planning Comm. Summary
5 WCR-BjoFklund
DEC 6 '93 12:15 PFlGE.002
940044
12-06-1993 12:14PM FROM TO 63510978 P.03
i
4 . That no additional out-buildings be allowed unless agreed to
by both the City and the County.
5 . That if the barn is damaged by fire, explosion, flood orto
other calamity to the extent that the
ecost
ostd fire ry estoring
gnitof
its former conditions would equ or
the cost of replacing the entire structure, the structure may
be restored or rebuilt only if it complies will all aspects
of the code existing at the time of the replacement.
6 . That if any of the approved uses of the barn are discontinued
for a continuous period of twelvethemonths
code at the time that
use
may onlyhbe
reestablished in conformity with
reestablishment of the use. If all approved uses
n the
barn
cease h nr a cthereafternuous period
befreestablished months,
in conformity
tbarn t may
with the code at the time of the reestablishment of the use .
7. That if the barn is reduced to 1, 500 square feet that it may
be utilized as any other accessory building in a subdivision
in an A zone in the County.
i
I
I
I
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I
I
i
I
I
I
l
I
I .
Planning Comm. Summary
6 WCR-Sjdrklund
TOTAL P.03
DEC 6 '93 12:16 PAGE.003
940044
DEPARTMENT OF PLANNING SERVICES
Iipe.
_D C PHONE (303)353-3845, EXT. 3540
1./ WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH NOV 1993 GREELEY, COLORADO 80631
COLORADO Weld County Planning
November 5, 1993 CASE NUMBER: USR-1035
TO WHOM IT MAY CONCERN:
Enclosed is an application from Gary and Dorothy Bjorklund for a Site Specific
Development Plan and a Special Review permit for an accessory structure larger
than 1,500 square feet on a lot in a Subdivision in the A (Agricultural) zone
district. The parcel of land is described as the NE4 of Section 16 , T5N, R66W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is 5965 West 23rd Street, Greeley.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
November 19, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
L
Signed: eciil�%�f Agency: £,/l�Z7 t%d
Date: /9-/I- 93
59 Ai/1120 [J sr, — SA WA! -
940044
rcit ,,,,...,..\\:,
,/ ,,
r - r- er r-,r" ,' dEPARTMENT OF PLANNING SERVICES
(.1 y 'w, Fla/ 1 PHONE (303)353-3945, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
�U N0V �� -1 I 1400 N.1TTH AVENUE
IDc GREELEY, COLORADO 80631
COLORADO VvtL_✓ w n,_A,L , , , - ,
November 5, 1993 CASE NUMBER: USR-1O35
TO WHOM IT MAY CONCERN:
Enclosed is an application from Gary and Dorothy Bjorklund for a Site Specific
Development Plan and a Special Review permit for an accessory structure larger
than 1,500 square feet on a lot in a Subdivision in the A (Agricultural) zone
district. The parcel of land is described as the NE4 of Section 16, T5N, R66W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is 5965 West 23rd Street, Greeley.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
November 19, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. ✓ We have reviewed the request and find no conflicts with
our/+ 7
interests.. /q4, 44 flG"r�tzu.L`T`i A c� 64k1 -4,4t#4&" ( G -//05-7)
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signe �. / Ga �;- /n � Agency: L)/i� i'/ I
Date: i I r� ti n3
940044
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY
MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT
PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS
DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
PLANNING COMMISSION SIGN POSTING CERTIFICATE
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY
THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS
BEFORE THE PLANNING COMMISSION,, // HEARING/ FOR CASE # C4 R - /C3S THE
SIGN WAS POSTED BY: /u- /YGt'ei" Ae • /2 ,13
G. TO�/CLu�JQ
NAME OF PERSON POSTING SIGN
71
5, ,�a�
SI TU .E OF APPLI ANT
STATE OF COLORADO )
ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS 15th.DAY OF November , 19 93
SEAL
<-11./.../(-1
T ^'Y PUBLIC
MY COMMISSION EXPIRES 9/3 96 •
LAST DAY TO POST SIGN IS: II ;'('"15 , 19
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE
DATE OF THE HEARING.
9410044
College of Arts and Scie.
, Department of Psychology
itUniversity of
Northern Colorado
Greeley,Colorado 80639
(303) 351-2957
12Nov93
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
re : Case Number: USR-1035 (Bjorklund)
Planning Commission-
I live across the street from the Bjorklunds at 2245 59th Ave
Court . My house faces south and my primary view is the backyard
of the Bjorklunds . I am aware of their new barn, watched it
being built, and look at it everytime I look out my windows .
I have no problem with the structure and no objection to its'
construction. Its appearance is consistent with the "horse and
estate" orientation of our subdivision. It is also the best
built and most attractive barn in the entire subdivision.
Please contact me if I can be of further help.
Paul etzlaf , PhD
pEC ?..l
way 1 6 1993 1 I
mho county Planning
1
The University of Northern Colorado is fully committed to Affirmative Action and Equal Opportunity 940044
5800 W. 24th Street
Greeley, Colorado 80634
Wednesday, November 10, 1993
Mrs. Constance L. Harbert
County Commissioner
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631
Dear Commissioner Harbert:
A neighbor of mine. Gary Bjorklund, built a very attractive barn on his
property and is now having the situation reviewed by your planning people. His
Case Number is: USR-1035.
I have no idea of what went wrong with Mr. Bjorklund's project that he
could have controlled, or what might have been missed in the Planning Services'
Department, but I hope that Mr. Bjorklund won't be harmed by some technicality.
He built an aesthetically attractive structure and, as a neighbor, I have absolutely
no problem with it.
Thank you for your attention to this matter.
Yours Very Truly,
George R. Conger
cc: Gary Bjorklund
5965 W. 23rd Street
340044
5800 W. 24th Street
Greeley, Colorado 80634
Wednesday, November 10, 1993
Mr. William Webster
County Commissioner
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631
Dear Commissioner Webster:
A neighbor of mine, Gary Bjorklund, built a very attractive barn on his
property and is now having the situation reviewed by your planning people. His
Case Number is: USR-1035.
I have no idea of what went wrong with Mr. Bjorklund's project that he
could have controlled, or what might have been missed in the Planning Services'
Department, but I hope that Mr. Bjorklund won't be harmed by some technicality.
He built an aesthetically attractive structure and, as a neighbor, I have absolutely
no problem with it.
Thank you for your attention to this matter.
Yours Very Truly,
George R. Conger
cc: Gary Bjorklund
5965 W. 23rd Street
940044
Mr. and Mrs. Gary Wade
2246 59th Ave Ct_
Greeley, Co_, 60634
303-330-6640
12-5-93
To Whom It May Concern:
We are of the opinion that the barn which was built by Mr. and Mrs. Gary 6jorkland
should be allowed to stand.
It is our understanding that the structure was built with the best of intention and
the rules governing its construction were followed.
We are located across 59th Ave. to the north-west of the structure.
Sincerely,
�i
�`• g/11 L Ii e !�'f _�(P ()1('
Mr. and Mrs. Gary Wade
9400,14
December 4, 1993
Weld County
Department of Planning Services
1400 N. 17th Avenue
Greeley, Co. 80631
Case Number: USR-1035
To Whom It May Concern:
Regarding the above referenced case of Gary and Dorothy Bjorklund, we wish to inform
you that we have no objections to the structure located on their property. We live directly
across the street from the Bjorklund's property and the structure they have built looks
attractive and does not present any problems for any members of our family.
Sincerely,
"" �/ t.s 71
Keith and Barb Bishop
5975 W. 23rd. St.
Greeley, Co. 80634
(303) 330-5844
940044
22 November 1993
Walter and Lynn Kendall C O Py
2315 Fairway Lane
Greeley, Colorado 80634 Case # USR-1035
Dear Members of the Planning Commission:
We are writing in response to the request for a Site Specific Development Plan and a
Special Review Permit for an accessory structure larger than 1,500 square feet located on property
at 5965 West 23rd Street, Greeley, and owned by Gary and Dorothy Bjorklund. The propose of
this letter is to register our objections to the issuance of a Special Review Permit and to ask for
certain restrictions and additions regarding the Site Specific Development Plan.
We are basing our objection on several factors. First, the structure in question is larger
than many of the houses in our neighborhood. We do not feel that such a structure is at all
appropriate in a rather well developed residential neighborhood.
Second, the location of the structure has caused us to lose a part of the use and enjoyment
of our property; primarily because it now blocks what used to be a beautiful view of the
mountains. We used to enjoy sitting on our deck and watching the sun set over the mountains,
spending a considerable amount of our time outdoors. Since the construction of the barn we have
lost a considerable part of the use and enjoyment of our property. We have thus lost significant
transfer development rights.
Third, we feel that the value of our property has been diminished by the construction of
the barn. The barn is easily large enough to support the full herd of 12 horses which could
"legally" be maintained on the property in question. It would be obvious to any potential
purchaser of our property that the possibility of 12 horses, or perhaps even a commercial stable,
right outside their back door might create insect and sanitary problems.
Therefore, we ask that the Weld County Planning Commission consider taking action on
the following points as a part of our objection. We do not feel that any of these points are
mutually exclusive, and hope that the hoard will incorporate all of them into their final decision.
1. Require that the structure in question be brought into compliance by whatever means
necessary. It is our understanding that the maximum allowable structure size is 1,500
square feet. The present structure exceeds this maximum by about 1,380 square feet.
This is not a minor deviation.
2. Require that the owners of the property compensate us for our loss of transfer development
rights. This could include, but is not limited to, our loss of use and enjoyment of our
property due to the loss of our mountain view.
940044
3. Require that the owners of the property compensate us for the effect that construction of
the barn has on our property value. A large agricultural structure in a well developed
residential neighborhood, along with the large number of animals which can be housed
there, will diminish the value of our property to any future purchaser.
4. Require that the application for a Site Specific Development Plan and Special Review
Permit apply to the whole of the owner's property, not just to the structure in question.
The reason that the application should be amended to include the whole property is to
preclude several problems which might occur in the future; either with the present or
future owners of the property.
When the whole property is included, we would ask that the following restrictions be made
a part of the Commission's final ruling:
A. That the number of horses to be kept on said property not exceed four.
B. That no further out-buildings be allowed on the property. (Even when the present
structure is brought into compliance.)
C. That there be reasonable restriction of other types of animals, and their numbers,
which can be kept on the property.
D. That there be a restriction on the property so that it can be used only for non-
commercial agricultural uses. This would preclude the running of a boarding stable
or other such operation on the site.
E. Ask that any future owner of the property be subject to the same restrictions. We
feel that it is important that these restrictions he attached to the property, not just
the present owners.
Thank you for consideration of our objections and requests. We believe that you will
agree that such objections and requests are entirely reasonable given the location of said property
in a well developed residential neighborhood, even though the property is currently in Weld
County and is in the A zone district.
Clearly, this is a case where an anomaly exists due to the proximity of a well established
residential neighborhood. This anomaly must be remedied and the present and future surrounding
property owners must be made whole.
Sincerely, O P U
Dr. Walter R. Kendall Lynn K. Kendall
940044
o C
11 DEC OT
1993
Weld"'aunty Planning
November 30. 1993
Weld County Dept. of Planning
1400 N. 17th Ave.
Greeley , CO 80631
RE; Case Number USR-1035
Gary and Dorothy Bjorklund
Dear Planning Commission Members:
This letter is written in response to a request by Gary and
Dorothy Biorklund at 5965 W. 23rd St. ; Greeley , CD, for a Use by
Special Review for an oversized horse stable.
We are the property owners directly behind (East) of the
Bjorklund property and object to the largeness of the horse barn .
We were not happy when it was constructed and blocked our view
considerably to the west.
I believe the Biorklunds now only have 2 horses but i understand
that this new barn is capable of housing at least 12 in the
suture. We do not want a commercial stable of this magnitude
just out our back door '
Therefore, we ask that the Weld County Planning Commission
consider the following factors in making a final decision:
1 . Require that the structure be brought into compliance ( 1500
square feet or less) .
2. Require the owners to compensate us for our loss of transfer
development rights. This could include, but is not limited
to, our loss of use and enjoyment of our property due to loss
of mountain view to west.
3. Require that the owners compensate us for the effect that
construction of the barn has on our property value. A large
agricultural structure in a residential neighborhood, along
with the number of animals which could be maintained there,
will diminish the value of our property to any future buyer.
940044
4. Require that the application: for a Site Specific Development
Plan and Special Review Permit apply to the whole of the
owner' s property , not just to the structure in question. The
reason that the application should be amended to include the
whole property is to preclude several problems which might
occur in the future, either with the present or future owners
of the property.
When the whole property is included, we would ask that the
following restrictions be made a part of your final ruling:
a. That the number of large animals kept on said property not
exceed 4. A reasonable restriction should be placed also
on other types of animals and their numbers that are kept.
b. That no further out-buildings be allowed on the property .
c. That there be a restriction on the property so that it can
be used only for non-commercial agricultural uses. This
would preclude the running of a boarding stable or other
such operation on the site.
d. Ask that any future owner of the property to subject to
the same restrictions (as an attachment to the property ) .
We believe that the above objections and requests are reasonable
given the fact that the large barn was allowed to be first
constructed without going through the USR process. Your
consideration of our requests is appreciated.
f Sys trc.l y ? r
/ 35E-1- •
Beor e and H zel Stephens
2317 Fairway Lane
Greeley , CO 80o34
940044
° E c I�iVE
Leland K. and Catherine J. Johnson DEC n 3X993
2311 Fairway Lane
Greeley, CO 80634 Weld C County
330-4502 "�'�I
November 30, 1993
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
RE: Case Number USR-1035
Property of Gary & Dorothy Bjorklund
5965 West 23rd. Street
Greeley, CO 80634
Dear Members of the Planning Commission:
We are writing in response to notification of a hearing scheduled
for December 7th at 1:30 p.m. regarding the above mentioned
property. We live directly behind the Bjorklund property and the
barn has been a sore spot since its erection. We have listed our
concerns below:
- The overall size of the barn, particularly the height, as
it blocks our view of the mountains.
- The number of animals that can be housed in a barn of this
size, as well as future use.
- The possibility that this facility may be used to board
other horses, thus being considered a commercial
enterprise.
- The possibility of other out buildings being constructed
and this whole review process being an issue in the future.
We would like to see the barn reconstructed to the allowable size
for this type of a neighborhood, with particular attention to the
height of the building. We would also like this review to include
regulations for this property for future owners.
We are concerned by the Bjorklund' s lack of good judgment in not
researching possible restrictions to the property before erecting
such a building. In our opinion this barn does not enhance the
340044
Page 2
Case Number USR-1035
property and quite frankly, we are seriously concerned about the
value of our property with such an unsightly structure very close
to our back yard. The barn is about all we can see from the west
side of our house.
We plan to attend the hearing and are greatly concerned about the
outcome. We hope the outcome will be positive for all concerned.
Sincerely,
Leland K. ohnson Catherine J. Johnson
pc: Gregg Fleeby
City of Greeley
940044
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