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Home My WebLink About900148.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN ACCESSORY BUILDING WITH GROSS FLOOR AREA LARGER THAN 1 , 500 SQUARE FEET IN AN APPROVED AND RECORDED SUBDIVISION - LARRY W. SMITH 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 7th day of February, 1990 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Larry W. Smith, 1960 Spruce Drive, Erie, Colorado 80516, for a Site Specific Development Plan and Special Review Permit for an accessory building with gross floor area larger than 1,500 square feet in an approved and recorded subdivision on the following described real estate, to-wit: Lot 1 , Block 6 , Carmacar Ranchettes, Weld County, Colorado WHEREAS, said applicant was represented by R. Russell Anson, Attorney, 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 proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Goals and Policies. A representative of the Town of Erie in a referral response dated July 21 , 1989, ��// indicated no objections to this proposal. The P,4o4i 900148 Page 2 RE: USR - LARRY W. SMITH chairman of the Tri-Area Planning Commission, in a verbal response on August 9 , stated the Commission had no objections as long as no commercial activity is associated with the building or lot. b. The proposed use is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposed use is compatible with the existing surrounding land uses which include other residences , accessory buildings , and agricultural land. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. Special Review Permit Development Standards will ensure continued compatibility with the surrounding land uses. d. No overlay district affects the site. e. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an accessory building with gross floor area larger than 1 ,500 square feet in an approved and recorded subdivision 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 office of the Weld County Clerk and Recorder 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. 3 . Prior to recording, the Special Review Permit plat shall be amended to show the size of the building as 3,200 square feet. 900148 Page 3 RE: USR - LARRY W. SMITH The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February, A.D. , 1990 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County lerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Gene R. Brantner, Chairman BY4 /�_v L i�, c, "LA tc-il Ai Geo ge Kennedy Pro-Tem D puty County C erk APPROVED AS TO FORM: onstance L. Ha ert j EXCUSED DATE OF SIGNING - AYE C � C.W. Kirby C unty Attorney _ Gor a 900148 DEVELOPMENT STANDARDS LARRY W. SMITH USR-887 1 . The Site Specific Development Plan and Special Review Permit is for an accessory building with gross floor area of 3 , 200 square feet in an approved and recorded subdivision as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The building shall be of wood construction and the roof shall be asphalt shingles. No commercial activity shall be conducted on this lot. No cars will be sold on this property. No parts will be sold on this property. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . Waste oil, waste paints, antifreeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4 . No permanent disposal of wastes shall be permitted at this site. 5 . Any waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be confined on this site. 7 . The accessory building shall be painted an earth-tone color. The paint on the building shall be maintained at all times. 8 . The height of the accessory building to the peak (highest point) of the roof shall be no greater than 20 feet. 9. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 900148 Page 2 DEVELOPMENT STANDARDS - LARRY W. SMITH 11 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 12 . Personnel from the Weld County Health Department, Longmont Fire Protection District, 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. 13. 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. 14 . 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 . 900148 HEARING CERTIFICATION DOCKET NO. 89-46 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN ACCESSORY BUILDING -WITH GROSS FLOOR AREA LARGER THAN 1,500 SQUARE FEET IN AN APPROVED AND RECORDED SUBDIVISION - LARRY W. SMITH A public hearing was conducted on February 7, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry The following business was transacted: I hereby certify that pursuant to a notice dated January 3, 1990, and duly published January 25, 1990, in The New News, a public hearing was conducted to consider the application of Larry W. Smith for a Site Specific Development Plan and Special Review Permit for an accessory building with gross floor area larger than 1,500 square feet in an approved and recorded subdivision. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, Planning Department representative, read the Planning Commission's recommendation for denial of this request into the record. Russell Anson, Attorney, came forward to represent the applicant. He explained that Mr. Smith restores antique and classic automobiles as a hobby and, to be in compliance with the Zoning Ordinance, these vehicles are to be In an enclosed building. This hearing was continued from October 4 to allow the applicant to work with the neighbors to make the request more acceptable to them. The major opposition at the Planning Commission concerned the size of the proposed building, and it has been reduced to 3,200 square feet. Mr. Anson said the applicant agrees to the three changes requested in a letter from Fred Otis, Attorney representing some of the persons previously opposed to this request. No public comment was offered concerning this request. Commissioner Lacy moved to approve the request of Larry W. Smith for a Site Specific Development Plan and Special Review Permit, subject to the Conditions and Development Standards as proposed by the Planning staff and amended as requested in the letter from Fred Otis. The motion was seconded by Commissioner Harbert. Mr. Morrison noted, for the record, that Ann Garrison's amendment referred to in Mr. Otis' letter is contained in the minutes of the Planning Commission meeting. Commissioner Kirby complimented those involved for working to mitigate the neighbors' concerns. The motion to approve the request carried unanimously. 900148 r / ,�- Page 2 RE: USR - SMITH This Certification was approved on the 12th day o₹ February, 1990. APPROVED: �m� BOARD OF COUNTY COMMISSIONERS ATTEST: �` ti7ELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF APPROVAL ,aud Clerk to the Board —, Gene R. Brantner, Cha rmany� BYt)11 a 1/714---11A--/-4). / L ty i-0 i vl c� ci puty County Cle k eo�nedy, Pro-Tem onstance L. Ha b rt EXCUSED DATE OF APPROVAL C.W. Kirby Gor on . a y TAPE #90-7 DOCKET #89-46 PL0485 900148 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket I for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: -FEBRUARY 7, 1990 DOCKET # 89-46 USR-ACCESSORY BULDING WITH GROSS FLOOR AREA LARGER THAN 1,500 SQUARE FEET IN AN APPROVED AND RECORDED SUBDIVISION - LARRY W. SMITH DOCKET 1 89-60 COZ-FROM C-3 (COMMERCIAL) AND R-1 (LOW DENSITYRESIDENTIAL) TO I-2 (INDUSTRIAL)- ROBERT E. & LANORA COMER DOCKET # NAME ADDRESS HEAPING ATTENDING 44-e--{‘67-11-t- /d /dAi �i'Cff.4.Ci „4i_ tt (ia-721.tAi' •�y �.2 z,� E /8� S1 . �.YJr ea al e r , 4 6k t1'-V S..nirl'1- )4G1: S('/:v "_ .r f-, .1?: rr'2 ice= 3;.,-r i. , *,,-4-1 er i'� J00145 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on February 7, 1-990, conditionally approved a Site Specific Development Plan and a 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: Larry W. Smith 1960 Spruce Drive Erie, Colorado 80516 LEGAL DESCRIPTION: Lot 1, Block 6, Carmacar Ranchettes, Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Accessory building with gross floor area larger than 1,500 -square feet in an approved and recorded subdivision SIZE OF PARCEL: 1.2 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: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER -AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: February 15, 1990, in The New News 900148 PUBLIC NOT CE County The Board of Weld County on aFeb' e�7 7,ao198tlLW. _. .. Development Plan _taa Permit ideates a toArticle ot three asp, Driveee1,•REE,rie.. i _. d Dp �RanchNtee, Colorado INFERSlTY OF wEp USE: gAAcewor9 with agnate t�Inm�an °Fle.d'�"-` I.won abide r al��a and of approval the A result / a forfeiture of the vested BF: MARY10tAgyELD LLA..cH CO RS •. UNT1 AND C /' 'RECORDER gas. B0zuARRD ✓ L 6.-4�-.'c.Gx�Lc� Y:Mlaala�!'y iYi�. ?� aS ewe / L a.V&c.c 1.-; SL0148 .,nADE, DOYLE, KLEIN, OTIS-Bic PREY ATTORNEYS-AT LAW _._ . RICHARD N.DOYLE SUITE 300- - GREELEY TELEPHONE HENRY C.FREY GREELEY NATIONAL PLAZA (303)353-6700 ROGER A.KLEIN 822 7th STREET FRED L.OTIS GREELEY, COLORADO 8Q631 ` DENVER METRO TELEPHONE WILLIAM E.SHADE I _ (303)-659-7576 LINDA H.ROBERTS -February 6 , 19-90 The Weld County Iommissioners 915 Tenth Street _ reeley, CO 80631 Attention: Planning Department/Lanell Currey Re: USR 887 Dear Commissioners : Please be advised that I represent John McCamey and -a number of other property owners who objected to Larry Smith ' s Application for a Use by Special Review, No. 887 . My clients withdraw their objection to the Use by Special Review contin- gent on the following: 1 . The proposed size of the building be reduced to 3 , 200 square feet. 2 . The development standards submitted by staff and as amended by Ann Garrison at the meeting be accepted by Mr. -Smith. It is my recollection that Ann Garrison ' s amendment provided that there would- be no cars sold from Mr. Smith ' s property and no parts sold from the property. 3 . That the building be of wood construction and the roof be asphalt shingles. Sincerely, Fred L. Otis Attorney at Law FLO:rah cc : John McCamey CC . Russ ANson . . .. ..' ' FEB b 1990 i tiew CO. 91'4116014uII id>:4u;. 900148 R. RUSSELL ANSON ATTORNEY AT LAW .- _ i THE LAW BUILDING 1011 11TH AVENUE P.O. BOX 326 - GREELEY, COLORADO 80632 (303) 353=5508 TELECOPIER. (303) 356-1111 February 2, 1990 Board of Weld County Commissioners Wel-d County Government 915 10th Street Greeley, CO 80631 Re: Larry Smith/USR 887 Dear Commissioners : Concerning the Application of Larry W. Smith, USR 887 , for an accessory building on agricultural -district land in -excess of 1300 square feet, Mr. Smith agrees to reduce the size of his proposed accessory building to a -maximum of 3200 square feet. In addition, Mr. Smith agrees that he will comply with the conditions and development standards that were recommended by the Planning ContmilSsion. Very trul.y49s , R. Russell Anson Attorney at Law RRA:yd pc: Fred Otis L-anell Curry Larry Smith 900145 NOTICE Pursuant to the zoning laws of the State of -Colorado and the Weld County Zoning Drdinance, -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. APPLICANT DOCKET NO. 89-46 Larry W. Smith 1960 Spruce Drive Erie, Colorado 80516 DATE: February 7, 1990 (Continued from October 4, 1989) TIME: 10:00 A.M. REQUEST: Site Specific Development Sian and Special Review Permit - Accessory building with gross floor area larger than 1,500 square feet in an approved and recorded subdivision LEGAL DESCRIPTION: Lot 1, Block 6, Carmacar Ranchettes, Weld County, Colorado LOCATION: South of Colorado Highway 52 and west of Weld County Road 5 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: January 3, 1990 PUBLISHED: January 25, 1990, in The New News 900148 /-,t 'r#h=',.i ) F . David B, Reynolds, being d'_i dy sworn , i says that he publisher of .4h; � New t v: N WS, c1 werv•:k 1'j' :'lf. spap sr r.:.�...'l.1..'•",h ed in4.e en€?1ib..t q in said l,`,_i.tn: • and _ ��1. ...J. rt ., that,..'.:�'.,..ea t+ �.-1:r.i�.. said 'K e..mspaper h3 ici�• E general < i. :.::.t11.3t.L ..n in said County h..:;s h2en continuously i:::n i_ ';.2.l'3s:tori...uptF_'f:!1',r pLtbs15hlE,.1 therein , NOTICE I L t r-_i,n C; a p e r.1.C;C.'. of at least P_ursuant to the zoning laws of the State of Colorado and the Weld fifty—two consPcutive weeks prior t o County Zoning Ordinance,a public the;,+ fi:. ,_.c:;_: publication_.. .; �; the hearing wil be held in the + hr... , _. t'. pu�. l i.c D ::..:ton o . ..h._ n n e x •'d Chambers of_the Board of County. Commissioners of Weld County, notice; thatsaid t'a newspaper __s a Colorado, Weld-County Centennia! Center, 915 10th Street, First thin t_h e m:' t .:.t''go f hl l.' Floor, Gmeley, Colorado,at the time specified. All persons m any act o f the r''aF? l t' 'r l Assembly o t''1.:: manner interested In the Site Specific Development Plan and "' •... + " ..' ' . - Act.t Special Review Permit are t?r.ca _ ? of ._Lr t'y Y"<.1: ;,e i»n 1..1 is i 1" iii f,._ L. requested to attend.and may be to re'f a.E.&•::.C: 'f. ;ti printing of lti gi=..1 Should the applicant or any t... i : 1:+ ,�i,,•:., .•.,. 1. r interested party desire the .... t i:: ... And i. i.t t '"'�'_ _:e m t-"-'i ,__ ant presence of a court reporter to ('fll ?-.I l;1C::; `s.::: thereto; that thenotice make a record of the proceedings in- addition to they taped rreord : s tNt h .'.:: : L.t: ":•l"T"i -.5Cf 1 a printed heacringwlthe Clerk bek 20 the Board duruT 's copytaken..ti?f": from t.3L, said C! newspaper, t�J cam Office shall be advised in writing 1. .. ., c•;.: � of such_action at least five days cost of -::J i.S>!"toti in said newspaper, :a.nC- in prior engaging a the court reporrter shall be t'h e' regular andEntire .:.5 f= o t_; BE IT y- oe re KNOR^Vatthayted y the n\ er y' number 1.'�'hti r='o's once T I E91-.'- ry Weld and mapsPlanning Clommissiothn t week 1'C j Y" weeks;i:;.::;` that may be examined in the office of '......._ — . said d the Clerk to the Board of County +Commissioners, located in the .s C::G` W a:a so :.?.:`;.i.?=-�'35C .:t.;1 said Weld County Centennial Center, c3. l n `�n 915 10th Street, Third Floor, I:t;;yt,;_. 1;r;,+. : proper not i Gr__e r Colorado a.. that t `'n O No. 69-46 '_�i t;"t::3;, Csi a"'i�'3:: �_�": Y"`=�f.'�.`: y itCa !`.; ... APPLICANT first ,.. La W.Smith f i+"'s.:;•. r.3•_: .. ...-k J_G!'i ?'s Sc:;._C; F-1C;'.. a as 196OppruceDrive 516 w i:.0 : !::n the e DAl�ColoredFebbruua 7, 1990 (Continued from October 4, 1989) " TIME: T;00 A.M.Site S cific �S a:.:. f 199,D,. Development ppee _..-..__ Y _ . . dent Plan end Special and f'a '`:.:1 C? _l.c,'W't. the Review Permit - Accessory building with gross floor area larger than 1500 square feet in an approved and'reorded subdivision �✓ LEGAL DESCRIPTION: Lot 1, ter! '..c�t:� Block 6, Carnsacar Ranchettes, _.. rl_...,.... Weld County,Colorado LOCATION: South of Colorado Highway 52 and west of Weld County Road 5 BOARD OF COUNTY COMMISSNERS WELD COUNTY_,COLORADO BY: MARY ANN FuEUERSTEIN COUNTY CLERK AND :LLe:f h.- L i":i. 4'?ij and-f sworn before me AND CLERK TO THE EO tBOARD BY: Mary Reiff,Deputy TED: Jan��-y 3 this ...a :'.}/ t:3' a 9�'t;` LiSHED: January 25, 1990, bt New.News. .....ommission expire 900148 AFFIDAVIT OF PIJBLICALION State of Colorado County ofBoulder NOTICE j, Dean Z. Lehman slo PurWattt to the zoning laws of the State of Colo- tad " 'the Weld Counqty Zoning Ordinance, e pubs ,. ring will be haS In the Chamers of the solemnly swear that the ZONGMONT DAILY TIMES CALL is-a Boa County Commirslantre of Weld County, Colo Weld County r4eenMel Center, 915 daily news agar printed, in whole-or in part, and published in 10th First Floor,Grelleany maado,at the P time I{led.All persons In_any mmaelnr n and the Citof Longmont, County of�oulder, State-of Colorado,and asted ew Permit-are Planend g and``� ihw Permie_ara requested to attend which has general circulation therein and in parts of Boulderand asnouidBO appbe licant or any Interested party-de- sire Weld Counties; that said newspaper has been continuously and ecdOfthe eoc proceedings,o corn addition to etamake d recors*hichillbekeptdu ing t hearing,e the uninterruptedly published for a_period of more than six months clert To-the will be kept during the the P Y -P CIerKM Mee Boar o Train e snail be advised in next prior to the first publication of the annexed legal notice ofcost engaginta ourt repo report- er g r Theby the of requesting e queMg_a court repprt advertisement, that said newspaper has been-admitted to the BE i +nt,So NOW:that°estextxnd maps so United States mails as second-class matter under the provisions sloe doncertifildby the Weld County Planning Commix be examined in the office of the Clerk to of the Act of March 3, 1879, or any amendments thereof,and that the Mid Cou Countyy Commissioners,Centennial entr,located15 In said news a er is a dail dui ualified for streett o-d Floor,Greeley,Colorado. P P Y news a er P P Y H APPLICANT publishing legal notices and advertisements within the meaning DOCUET,NO.B9-M _Larry W. sm 1960 Spruce Drive e of the laws of the State of Colorado;that-a-copy of each number of DA tlebruary 7,1990 -Erie,Colorado-80516 (CCoontlnued from October 4,1989) said -newspaper, in which said notice of advertisement was TIME710:00 A.M. published, was transmitted by mail or carrier to each of the REQUEST: Site specific Development Plan and Special Review Permit-Accessory building subscribers of said newspaper, according to the accustomed MA gross floor_area larder than 1,500 square feet In an approved and recorded mode-of business in this office. subatwsion LEGAL bES ON: Lot 1,Block 6,Came- car Ranchettes,Weld County,Colorado LOCATION:South of Colorado Highway 52 That the annexed legal notice or advertisement was published a sat of Weld CountyYtoad 5 t ARDAFLOUNTY COMMISSIONERS ORADO in the regular and entire-edition of said-daily newspaper once; BY: Y ANN Fe FEUERSTEIN COUNTY-CLtRK-AND RECORDER and that one-publication of said notice was in the issue of said AND CLERK Mar°y Rein BOARD DATED:January 3,1990 newspaper dated January 24 19 90. PubBNfM in the Daily Times-Call,_Longmont, Colo.,January 24,1990. / General Manager Subscribed and sworn to±efore me this 24th day of January ,1:990 'SQL\ c . .c Notary Public FEE$ 25.D0 her comursSION EXPIRES 15,1 APRIL i5,t992 3M..TERPy ST / I COL n,apC Pn5n,. 900148 DATE : January 3 , 1990 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively t the following hearing for the 7th day of February, 1-99D , at 10 : 0-0 A.M. Docket No. 89-46 — Site Specific Development Plan and Special Review Permit for an accessory building with gross floor area larger than 1 ,500 -square feet in an approved -and recorded subdivision - Larry W. Smith (Continued from 10/4/8:9) OFFICE OF SHE CL TO THE BOARD BY: 41_,! 4.1,11Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WEL UNTY, COLORADO 900148 R. RUSSELL ANSON ATTORNEY AT L-AW THE LAW BUILDING 1011 11TH AVENUE P.O. BOX_326 GREELEY, COLUHADO-80632 (303)353-5508 TELECOPIER: (303) 356-1111 December 15 , 1989 Clerk to the County Commissioners Weld County Government 915 10th Street Greeley, CO 80631 Re: Use by Special -Review Permit for Larry Smith Dear Clerk : Pursuant to a Resolution passed by the Weld County Board of County Commissioners on the 4th day of October, 1989 concerning the request by my client, Larry Smith, for a Site Specific Development -Plan and Special Review Permit, request is hereby made to have a hearing on this matter set as soon as is practicable. Attached is a copy of the _Resolution which continued the tearing to -a non-specified date. If you should have any questions pleace call . .'hank you. Very truly yours , 7- ssell Anson Attorney at Law RRA:yd Enclosure pc : Larry Smith 900149 i I/40190 COPY OF NOTICE MAILED FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. O. BOX 758 GREELEY, COLORADO 80632 R. RUSSELL ANSON, ATTORNEY AT LAW P.O. BOX 326 GREELEY, CO 80632 900148 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-40__00,EXT. 4200 wiik - ._. _ - .. . _. __ __ - - - - P.O. BOX 758 _ - . : - - - - GREELEY,COLORADO 80632 COLORADO August 21, 1989 Larry W. Smith 1960 Spruce Drive Erie, Colorado _80516 Dear Mr. Smith: Your application for a Site Specific Development Plan and Special Review Permit bor an accessory building with gross floor area larger than 1,500 square feet in an approved and recorded subdivision has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown ms Lot 1, Block 6, Carmacar Ranch-ettes, Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to Indicate your request by signing the tottom of this letter -and -returning it to this -office. Regular -hearing procedures will then be followed. This Includes publishing a Ratite of Hearing in the legal newspaper, an expense to be paid by ycu. In order to proceed as -quickly as _possible, we ,must -receive your reply by September -8, 1489. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY,, Q_COLORADO C' CHAIRMAN / I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertisin e ense. LARRY By: R Ru^,.ell Anson, Attorney for Larry Smith , 900148 a OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT. 4200 _- P.O. BOX758 - - - -- - - - GREELEY,COLORADO 80632 COLORADO August 21, 1989 Larry -W. Smith 1960 _Spruce Drive Erie, Colorado 80516 Dear Mr. Smith: Your application for a Site Specific Development Plan and Special Review Permit for an accessory building -with gross floor area larger than 1,50-0 square -feet in an approved and recorded subdivision has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Lot 1, -Block 6, Carmacar Ranchettes, Weld County, Colorado. If you wish to be heard -y the Board of County Commissioners, it will b-e necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular -hearing procedures -will then -he followed. This includes -publishing a Notice of Hearing in the legal newspaper, an -expense to be paid by you. In order to proceed as Auickly as -possible, we must receive your reply by September _8, 1989. If we are not in receipt of your request -by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO et CHAIRMAN I wish to have a hearing on this -matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expense. Exf"ta;7 900148 m I -a Ln m > 1 H cc O W Z U 7 3�. 3 N - r'3 Pa 0cn i a c o m ° r:4 O 1 r - - a \� z '0 H a E a W - - I en. t unr 008C ix x 3 Sd -0 NC L £ Ym� W z =mE $ c oCo t cc $ a.. Z M na..4 ≥ E° E Z K an at 30.2 qu9 O F t mmo loi = U¢2 `o j i1.�}5 K T -5� .Y ❑❑❑ J W tit u 0 \Q y oEo o a '^.. e w <c. W Aoe> 1 9 2 e o $ O e ee ❑ Z 1 4J E B x c ay D m� 0 3 q _Li 4 tV Y . fyyo2. O e 9 in 1 WQlLC aN.I 1Il\ Q n 12 n0 ill! fr/ CO TS >=Eom / '. N -c m;3J0 9 N m ...at, e m s -may Gm«V9 cre A I Y`m-Y T V Y V N N;mmm-, d DLIII >H 10 (/�ia In CO S «oI 2 ' W 0 E f\ -.c...‘ ^� a c E • ce 8 a a rN Q 2. v 3 W 9 Q Q ti O 5 .trios - < ;N , 4 e I 0 3!�5E o w a o_ n R 0 a Q u 6 a, o4 a gg(V�l_i E m>. ¢ +a w o Te Eqv v, N O `e•633 0 eo X ro X r- r - 900148 Summary of the Weld County Planning Commission Meeting August 15, 1989 Page 2 The Chairman called for discussion from the members of the audience. There was none. The Chairman asked the applicant if he objected to the staff's recommendation being filed with the summary. He had no objections. MOTION: Ann Garrison moved Case Number USR-866 for C & M Companies for a Site Specific Development Plan and a Special Review Permit for an open-pit mining operation and materials processing facility located in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards presented by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by LeAnn Reid. The Chairman called fat discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Burnett - yes; Ann Garrison - yes; Judy Yamaguchi - yes; LeAnn Reid - yes; Ernie Ross - yes. Motion carried unanimously. CASE NUMBER: USR-887 �lC APPLICANT: Larry W. Smith REQUEST: A Site Specific Development Plan and a Special Review permit for an accessory building with gross floor area larger than 1,500 square feet in an approved and recorded subdivision. LEGAL DESCRIPTION: Lot 1, Block 6, Carmacar Ranchettes Subdivision, Weld County, Colorado LOCATION: South of Highway 52, west of Weld County Road 5. APPEARANCE: Russ Anson, Attorney, represented the applicant. This property is a 1.2 acre tract in an approved agriculturally zoned subdivision. The request for a Use by Special Review is for an accessory building which exceeds 1,500 square feet. The building size in the original request was 5,000 square feet. The applicant is now going to build a 3,840 square foot building for storage of old automobiles he is restoring for his own use and enjoyment. 900148 Summary of the Weld County Planning Commission Meeting August 15, 1989 Page 3 Larry Smith, property owner and applicant, stated the cars on his property with "for sale" signs on them belonged to friends in town. He asked them to remove the cars and they have. He wants to put up this building to store old cars and car parts. The building will be earth tone, metal, and pole construction. Re is currently under violation of the Weld County Zoning - Ordinance and this request is an attempt to clear the violation. The Chairman called for discussion from the members of the audience. Fred Otis, Attorney, represented several home owners in the area who are opposed to this request because they feel the applicant has been conducting a commercial activity. Lanell Curry reviewed the history of the violation against the applicant. Tape 352 - Side 2 Robert Lozinski, surrounding property owner, spoke against this request because he feels the applicant was conducting a commercial operation. He would not be against this request if it were a hobby. The applicant's property is neat and well kept and he has no complaints except for this activity. Martha Lozinski, spoke against this request because she feels it is a commercial venture. Gary Bean, subdivision resident spoke against this request. Terri Lewis, surrounding property owner, spoke against this request because she felt the applicant was conducting a commercial enterprise. The Chairman called an Executive Session at 2:35 p.m. The meeting was reconvened at 2:50 p.m. Lee Morrison summarized the topics discussed by the Planning Commission during Executive Session. Mr. Smith stated he was advised by his attorney not to remove the vehicles from the property until the term "derelict vehicle" was clarified. His original attorney then turned him over to Mr. Anson for legal counsel. Tape 353 — Side 1 Fred Otis asked that the Development Standards be amended to allow no sales on the premises. 900148 Summary of the Weld County Planning Commission Meeting August 15, 1989 Page 4 AMENDNENT: Ann Garrison moved Development Standard #1 be amended to read as follows: 1. The Site Specific Development Plan and Special Review permit is for an accessory building with gross floor area of 3,840 square feet in an approved and recorded subdivision as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. No commercial activity shall be conducted on this lot. No cars will be sold on this property. No parts will be sold on this property. Motion seconded by LeAnn Reid. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Burnett - no; Ann Garrison - yes; Judy Yamaguchi - no; LeAnn Reid - yes; Ernie Ross - yes. Notion carried with three voting for the motion and two voting against the motion. The Chairman asked Lanell Curry to read the recommendation, conditions, and Development Standards, as amended, into the record. MOTION: Ann Garrison moved Case Number USR-877 for Larry W. Smith for a Site Specific Development Plan and a Special Review permit for an accessory building with gross floor area larger than 1,500 square feet in an approved and recorded subdivision be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based on the following: 1. The proposal is not consistent with the intent of the district in which it is to be located. 2. The uses which would be permitted will not be compatible with the existing surrounding land uses. 3. The uses which would be permitted would not be compatible with the future development of the surrounding area as -permitted by the existing zone and with future development as projected by the Comprehensive Plan of the County or the adopted master plans of the affected municipalities. 900148 Summary of the Weld County Planning Commission Meeting August 15, 1989 Page 5 4. Reservations about whether this type of an accessory building fits the definition of accessory building as stated in the Weld County Zoning Ordinance. Motion seconded by Jerry Burnett. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry TBurnett - yes; Ann Garrison - yes; Judy Yamaguchi - yes; LeAnn Reid - yes; Ernie Ross - yes. Motion carried unanimously. LASE NUMBER: Amended USE-655 APPLICANT: Milton G. Waldbaum Company of Colorado REQUEST: A Site Specific Development Plan and an Amended Special Review permit for an egg processing, shipping, truckwash, lagoon area, fueling station, truck dock, garage facility, and egg production facility with a maximum capacity of 1 ,750,000 chickens LEGAL DESCRIPTION: Part of the E} of Section 35, T2N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: 1 .5 miles northeast of the Town of Hudson; north of I-76, west of Weld County Road 47. APPEARANCE: Valerie Pettus, Landmark Engineering, Inc. , represented the applicant. the applicant wishes to add three new items to their Special Review -Permit: a vehicle maintenance building, a truckwash which would actually decrease traffic because this could now be done on site, a fueling station which will be installed according to the National Fire Code, and a small chicken house. They are in agreement with the staff's recommendation with the exception of Development Standard #4 which they agree with other than the time limitations. They want approval to proceed before all conditions are met. LeAnn Reid reported on the en-site inspection she conducted of the property. It was a 90° day and fairly windy. The property is well landscaped, neat, no flies, and no odor. It appeared pleasant from the road, but the road was terrible. Judy Schmidt, Weld County Health Department, reported iu the past, 1987 and 1988, they received many complaints of odor and flies. The applicants responded to the complaints very positively. She also explained the Health Department's reasoning in requesting monitoring wells around the lagoons. S00149 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISS,IQN . RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY-COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Flanning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-887 NAME: Larry W. Smith ADDRESS: 1960 Spruce Drive, Erie, CO 80516 REQUEST: A site specific development plan and a special review permit for an accessory building with gross floor area larger than 1,500 square feet in an approved and recorded subdivision. LEGAL DESCRIPTION: Lot 1, Block 6, Carmacar Ranchettes, Weld County, Colorado LOCATION: South of Highway 32, west of Weld County Road 5. be recommended unfavorably to the Board of County Commissioners for the following reasons: 1 . The proposal is not consistent with the intent of the district in which it is to be located. 2. The uses which would be permitted will not be compatible with the existing surrounding land uses. 3. The uses which would be permitted would not be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as -projected by the Comprehensive Flan of the County or the adopted master plans of the affected municipalities. 4. Reservations about whether this type of an accessory building fits the definition of accessory building as stated in the Weld County Zoning Ordinance. Motion seconded by Jerry Burnett. VOTE: Tor Passage Against Passage Jerry Burnett Ann Garrison Judy Yamaguchi IeAnn Reid Ernie Ross .900148 ,c.xhilfi,7 W' USR-887 Larry W. Smith Page 2 The Chairman -declared the resolution _passed and ordered that a certified copy be forwarded with the file of this cast to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of 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 August 15, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 16th day of August, 1989. Qo o a -Bobbie Good_\\ _Secretary 900148 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-887 Submitted or Prepared Prior to Hearing At Hearing 1. Application 3 Pages -C 2. One application plat(s) one page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. UPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DFS Iield Check X 11. July 27, 1989, referral from Longmont Fire X -Protection District 12. July 26, 1989, ssferral from Weld County Health X Department 13. July 21, 1989, -referral from Town of -Erie X 14. July 17, 1989, -referral from Boulder Valley X Soil Conservation-District 15. July 28, 1989, field check from bud Talldorson X 16. Letter from James & Georgia-Davis X 17. :Letter from -William H. Trowbridge X 1-8. Letter from Ed and Judy Lasnik X 19. Letter from Icobert & Mindy Mohr X 20. -Letter from Mr. and Mrs. Marvin Thompson -C 21. -Letter from Larry Smith reducing size of 7C proposed ±uilding 22. Two postcards from Wilbur & Marine Moore & -C Charles & Anne Ballard 23. Eight photographs of property X 24. Three postcards from S. Lynn -Estes, Barbara X Moore, and Billy & Clara Robinson 25. Two petitions containing 39 signatures X 26. August 3, 1989, letter from John -H. McCamey X 27. August 4, 1989, letter from Mr. and Mr-s. Robert X L-ozinski 28. Three photographs of the property X 29. August 10, 1989, letter from Gary & Sonja -Bean X 30. Three postcards from Mr. and Mrs. Stone, X and Mr. and Mrs. Koenig, -and -David Brinkley 900149 EX,,,13. 7 A USR-887 PAGE 2 31. Letter from-Larry Smith detailing use of X structures 32. August 14, 1989, letter from Dean Koenig -X 33. August 8, 1989, letter Edward and Terry Lewis X 34. August 11, 1989, postcard and letter from X Mr. and Mrs. LaRue 35. Three postcards from Mr. and Mrs. McKim, Chong X S. Kim, and Mr. and Mrs. Hutson 36. August 4, 1989, letter from Russ Anson X 37. Exhibit A - 6 pictures of Carmacar Ranchettes Subdivision 38. Exhibit B - picture of Smith property X 39. Exhibit C through Q - pictures of Smith property X 40 Exhibits R and S - Objector's petitions X -41. Exhibit T - Covenants for Carmacar Ranchettes X _I hereby certify that the 41 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 August 16, 1989. vitel /AA C,ifr ent Planner/ STATE OF COLORADO ) /// COUNTY OF WELD ) r' G th SUBSCR'IBRbAND _SWORN TO BEFORE ME THIS Ito day of C`. t_Tv_aV 19 Y`t . r?y 'BUD LIB'. C") for r0k•°` NOTARY PUBLIC My Commission Expires `r 4 rowe+nr, pj tit 14', 19 900145 // EXHIBIT INVENTORY CONTROL SHEET //Case U/-, ,1;7'J2 Exhibit Submitted By Exhibit -Description . A. N 49 0 --> C. .lU..,)-, J9�/ si---i-cam �1✓ �Jo/J�xt/i/ VZ Z .G o - 7/ ia, 4 Of "."22.242-/ E. L � .eny � �J�16 o'er. " A2o-e. .Ol F. el ilY f11;-2.-02,/ c. _G 41. (14-1-, 1� r.(:'/ I")' / ) lfl[�A.cPuL ..A^✓ Ci.> ,�_.!-.i�:c�e.,.. `/ •1. `le. K. beeiuiSi ikOcit.) a1 x', e / L. _...,;;47g/e4, ,---127&‘,/ -M. N. 0. 900148 ' 74/ 'aeepta Yo_. Is.e„V�: . . , . • . .,. -.-. - -:R aeo,der. - _ TILING STAN it Tan DEED, Made this 11th any it September , la 73 between CARMACAR CORP. l� 1 a corporation duly organised } , and existing under and by virtue of the laws of the State of Colorado I 77 of the first part,and ..t CHARLES G. OLSON and CAROLYN S. OLSON a ;. 1) ;.j of the County of Weld rl Anti-State of Colorado,of the second part: NI ,;;) WITNESSETHt That the said party of the first pert for and in eon. A "4 .Idertlon of the sum SIX THOUSAND FIVE HUNDRED AND NO/100 ti, DOLLARS, I ti,.fr to it in band-paid by the old parties of the second pare, the receipt whereof is hereby confessed mou•and aeltdKed. 0 -has granted, bargained, sold and conveyed and by these presents does arrant, bargain, sell, covey and confirm unto 1.1 1.4 the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns N pod the heirs and assigns of such survivor forever, Ml the following described lot or parcel of land, situate, tying 0 „ and being In the -County of Weld and State of Colorado, to wit d a Lot Ei$iit (-S) , _ •' • Block Four (4) , is- 1 •.• CARMACAR RANCHETTES, ti t�l a subdivision of a part of the East 1/2 of Section 5, rat Township 1 North of Range 68 West of the 6th P.M. , � Weld County, Colorado -,.::.`' tie State Documentary Fee SEP 27 1973 ' tote............._..•_/... .. 3__.�_�_.e..Y...__.._.., •'f TOGETHER with all and singular the hereditament* and appurtenances-hereunto belonging, or In anywise appertaining and the reversion and aversions, remainder and remainders, rent", Issues and profia thereof; and all r -the estate right, title, Interest, claim and demand whatsoever of the said party of the tint pert, tither in law or ' equity of,in and to the above bargain premises, with the beredltnmena and appurtenances. TO RAVE AND TO HOLD the aid premises above bargained and described, with the appurtenances, ente the told parties of the second part, the survivor of them, their cosigns, and the heirs sad assigns of such survivor for. , aver. AM the said party of the tint part, for itself, Its aceessors and aalwe.,dose covenant,R grant, bargain and agree to and with the said parties of the second part, the survivor of thorn, their fastens and the hells aid wino a of such survivor, that at theiime of the unsealing and delivery of these presents. It is well seised of the premises • above conveyed, as of good, sure, Rorfeet, absolute and Indefeasible estate of inheritance. in law, in fee simple, and V ha good right, full Down and lawful authority to grant, bargain, sell end convey the easaame in manner Was, form aforesaid, and that the same are free and clear from all hatter and other-g taxi hearths. . a yea s1 y/as, as. eessmente and encumbrances of whatever kind or nature saver, *seep t And subsequent years, Subject to restrictions, reservations, easements and rights of way of record. This conveyance is subject to the protective covenants Attached hereto. i , I and the above bargained premises, In the quiet and peaceable possession of the aid parties of the second pert, the survivlorr of theme, their autos and the heirs and ass of such orvivor, against all and every r_or Nara AND 1FOREVER DEFEeNp the whole or any part thereof, the said party of the first part Mall and IN WITNESS WHEREOF, The said party of the first part has caused its corporate same to M•hereunto sob. scribed by its President and Its corporate seal to be hereunto affixed, alrlt {farms t the day and year first above written. ‘17.,,••• ••••'+.,; r Team _ CARMACAR CORP. a totra aelpaerrt e tea. Lmy i d .w._ 1it . Idlrlastrnm aeknowledeaaelbal oreew-this 11th day of September • HD'2 • -IK. 4.-47a-,.t.-(.4, .. woe -Fr ndat alai — e.' _'v... - et - et C A gM AC AR C O R A -a rorpontloa. My notarial commission apt Ni M1 11, if 77 lawns-thy had of fat }al n •-•. .,» L I.h 7. 4,71 o•-• e- 4 ...C1 .. i g EXHIBIT .Z..`n »4,_4,4,4, - e �- No.afa.J Y " 02 Ma a IWt betas.-Denim' hWhhl.Ca.teette Met atwel,Diets,'.Colanae--STl 900148 AUG 03 '88 08:4E HELD COUNTY TITLE rDNFANY _a OECiARA1 .1 PROTECTIVE COVENANTS Of CAI A' LANCHETTES -A . 2, and no business of any nature 1 . No tract shall be used except for placed or shall be conducted on the premises. No building shall be erected, altered, p per- mitted to remain In any lot other than-one detached single family dwelling with necessary garage or outbuildings. All buildings shall be of new construction. Necessary buildings, corrals, water facilities and other structures for the purpose of keeping livestock for family recreation shall be permitted on any tract. Every effort shall be made to keep such structures attractive and painted and concealed from general view to the extent possible. 2. An Architectural Control Committee for Carmacar Tlanchettes is constituted. This come mitt .:e is composed of Lyle Carpenter, Mariann McAleer and K. H. Gantenbein. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member, the remaining members shalt have fuih authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation of any kind for services performed pursuant to this covenant. 3. No building shall be erected, placed or altered on any residential lot until the construc- tion plans and specifications and a plan showing the location of the structure have been ap- proved by the Architectural Control Committee. In the event the committee or Its designated representative fails to approve or disapprove within 30 days after plans, specifications and plot plan have been submitted, approval will not be required and the related covenants shall be deemed to have been fully complied with. 4. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be allowed, except as otherwise permitted hereby, except during construction periods, and no new dwelling shall be occupied in any manner prior to its com- pletIon. 5, The principal dwelling shall have a minimum fully enclosed ground area devoted to living purposes, exclusive of porches, terraces and garage of 1200 square feet, except that where the said principal dwelling is a 1} or 2 story dwelling, the minimum may be reduced to 900 square feet of ground floor area, provided that the total living area of the lj or 2 story Is not less than 1400 square feet. 6. No more than one residence will be permitted on any lot. No building shall be located on any lot nearer than 30 feet of the front lot line. 7, -No animals, livestock or poultry shall be raised, bred or kept for any commercial pur- poses on any tract. The Architectural Control Committee's approval Is expressly required for the erection of buildings for livestock. B. No portion of the property shall be used or maintained as a dumping ground for rubbish, trash, garbage, and other waste. Trash, garbage and other waste shall be kept to sanitary containers. All equipment for storage and disposal of such material shall be kept clean and sanitary. thi,altlearale will be allowed. t t5. Each wo automobiles.tg No e parking shallcbed with alloweddequate within the-roaderightkofg a for at least way, 10. An easement of 25 feet from each side of the center line of the Erie Coal Creek irrigation Ditch is hereby reserved over Lots 1 to 9. Block 6, as shown on the plat. No fence. wall or other obstruction shall be constructed to obstruct the maintenance -0f the ditch or the em- ployees or agents of the ditch company. 1 ' Easements and rights of way as shown on the recorded plat are hereby e byeleservedtin this Subdivision for poles, wires, pipes and conduits for -heating, lighting, y, 8 telephones, sewer, water, drainage ditch or any other public or quasi public utility service purposes, together with• the right of Ingress and egress and regress at any time for the pur- pose of further construction and -repair. and enants d n l not be 12. The ed,n terminated, orlamended except bys written vc consent of the eowners iofs751percent of waived the land as the same be constituted according to records of the Clerk and Recorder of Weld County, -Colorado. 13. These covenants are to run with the land and shall be binding on all parties and all per- sons claiming under there for a period of 20 years from the date these covenants are recorded, after-which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by the owners of 75 percent of the land has bean recorded agreeing to change said covenants In whole or In part. 14. Enforcement -shell be by proceeding of law or in equity against any person or parsons violating or attempting to violate the aforesaid provisions, restrictions and covenants, tithe to restrain violations oT to recover damages, or both.ua nt or Court Order shall in no way 15. Invalidation of any -one of these restrictions by judgment affect any of the other provisions which shall remain in full force and effect. gu,e 900148 teitiflatriati .r.— 1 s..LS7 Rdllfr.dll+lA to atiOn rt A al PETITION We, the owners of property in Carmacar Ranchettes Subdivision, oppose the Use by Special Review Application (USR-887) of Larry W. Smith and Julia K. Haley to construct a 5,000-square foot building on Lot 1 , Block 6, Carmacar Ranchettes Subdivision, Weld County, Colorado: NAME OF PROPERTY OWNER ADDRESSj? j /411" rJL cgs? JQ'plcN AVE /�'/ of 0 J ��- / `/� .5-Zj�E,d 67--) Tj /67,r 2.y,-,i d cet1/1'n- fiCtrAl- -7Av V ft k, e 5}atd_ l ice 5m7 igyek 7)e &oz., Aos7� CIA/ S3c 7 "--, &tiro &co_ icas,! 555 7 A Q /a, z 22 Soo ) aWU /04USY• l'asl6 ,� /V6 O- 4 i°J'L Pk; SiUt11-1.1-aVAY- c-cAL . k) . F,. A OACAJ C4rx / 649/C, A fY-e- htmt.vy Ss6C F -7 /-e V A 642 SS6e -ft es z n 536 7 4 s cr fr)& If/ � ,--i -7( f✓ CC V t � < .3 y-,. 17r /rt c 4�P/ /76--J s77/`« 4 EXHIBIT • PETITION We, the owners of property in Carmacar Ranchettes Subdivision, oppose the Use by Special Review Application (USR-887) of Larry W. ' mith and Julia K. Haley to construct a 5 , 000-square foot building on Lot 1 , Block 6 , Carmacar Ranchettes 9,u 'civision, Weld County, Colorado : NAME_OF PROPS"'"Y OWNER ADDRESS �fiU;it1 lae 1.2 //rice ,ie dt/D . C��LGe, L�) ejtazgo-r/.� 7 a rza> ../.7.,/ .4.0 .c_c cX , et,..._Li co ?� 17�o ire, VA/ ua Co a fc, ill ° C irAvr— Cc' �p/5 tee ¢-��h & .o , e4-4=-C2, ,Qi . ≥ f.G2, �LO�. )C ji -- / Pe6 ...6d iuGc.A., �/-ti eff ,, 6%, W : „,..t e*r, ( B f3 O -� eQ c-, 6'\" ,� . - ��, ,, / 8 Co 3 P/ ke_s 6. 4.7j t, s s-v gip,/ A�.,_1/21- or2 fly ,g,,, //EH f 9 Of ire ail./ AA-h. .f r C/Lc c Sinn /45IVIA TAU €1;1 e illAIC r 12-fridat S-337 /14 3i,0) AV, A.71 e, jrni%.et.,"4/741 /1-el-Amel": /ill £ Z .c,c ewe- p,, atV4Ad o 900148 /f)3- fi`fa' ua R. RUSSELL ANSON ATTORNEY AT LAW THE LAW BUILDING 1011 11TH AVENUE - - - P.O. BOX 326 - - GREELEY,"COLORADO 80632 (303) 353-5508 TELECOPIER: (303) 356-1111 August 4 , 1989 Lanell Curry Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Re: Larry Smith USR Application Dear Lanell : This letter is in response to our telephone conversation of August 4, 1989 about your concern as to whether or not Mr. Smith would be selling either automobiles or parts from his property, either by mail order or otherwise. The answer to your question is "no" . The sole purpose of the the building and Use by Special Review will be for restoration of antique and classic automobiles to include storage of parts and those vehicles . No sales will occur on his premises nor will there be a mail order business . If you have any additional questions please call. Very _tryy yours, " R. (ussell Anson Attorney at Law RRA:yd Enclosure cc: Larry Smith N AUG 1 5 1989 - . Weld Co. Nanning tammissina 900148 • clip0-F.57c7:0- De Cf✓7m Piz f C) 5 6)41/17/1. J fr—,-,.cc , 5 [ � _SC I' AUG .1.4 -x989 i aJ _, // Je - e�✓,,/ - Li - _ Weld Chi. Alao,,r,x ,:mmriuZ1w. �r� r j� / � eGa7Y �(, n� r /7irI/ccifio✓i - y La✓✓-7 ci.,. / � -7v cc,,,-,s`fri.,,c_t ct_ cct o -- _C' 77< d c.,, Id/r', / eel r/rrCCCctr CO kie/t S / �a v/ ,'c4 n ;/e . �l*v c> yes- t !M/ Cohce✓i9f, / 1,5 /o VIIi, We�L/l �/CC .te cu /con5,`�eAva4e c7`ncc ' n / , f /P✓, 5/r/,, 'ILiS ifJrye✓/';/ o?r'7Ci` Ob✓iC'vs/y vt/c 6/ /at) I- Ii k .e Cc, Coma? Q✓Lrl?// . 5 II I 9*( Cl -e , / Cev- /cii .con ;//c.74 Vo 74./e. ✓'vv,a I r95; eye litaI se // r'h 1 r- � /vA de5vrr, -e Jr.. i ,,-' i r+el5/'ITe 10 .k, ci, IV/✓�/77r55 cL-/ c4 �f/c rr5 c'Co, 71v�v- 4 evd� .e -e,--_-_;,.c--- ` n r'ci 7 a,irec1 `'/i e %re en 77/y a re e /1 e✓, et, cr/v7- r v t 1 9 ,/ /hC v--coos- c�G /G lrGi ._LJ r' C-� G�h� /n CAD/✓ (e CiL�/ f/ 4.r 5 / e 1 67 7c5-7)- 1 Lie- N a't�I/ (/felt'-ee/ ✓,C a✓ c. e 71,-ecc--e " Vi-7y eCncP✓e1 S kr/4fc, t 6e.� (,'e- e_ f..Cr -e c a y--eel il y Pei co-7 of, f r C 6276. C- '- 411 '7 0/I h-' it 4-71 v^v G 7lc/✓-� 5 s % c e ' on 51,-��_rl�! 900148 12ct� 1 _ S3�i 7 s en /�v, tr, e e - - - - - % / - `'� / ' /ALL ....J':-c �r 7 s ri4 z.(, S'Cr Y-c..[s1.7 -C.,L Cr::. is E1,1 iLLG L, 1-C-- ..--"'. f LG<.C'Ye"— Cl"(-----1-(--.:--1— _ '.7.-7-• 1--d - ^ .iv/ /7'Utti!t-J f / �, L / ^ vi ✓.G. _4.C_„I -C _c_9C 4.,z mac,{-r<> -'-o �C..G'4'.,:_._ (-1___ .,/�/i_J-,-•-_-c.% ..Gig -,. ('l.__ SIC C G . 'C rf—L:.-<,G�rCC� ./. c-- r / 1 AUG 1 4 1989 /� Neill en. ?Lw,um ,dlnnuiS::no . . _ 48 _ — .),--- Q, 5 cc ,,,i i ± ..fir__,_LC__J l C. _c.;, �� —, .yam--( _J-- .h_t j_ 10. >„�.Ei- . 6 At)1Cx..L6.L ✓Lech , .L56C - L:Gc. Ali, - f-t L61-L ecl .( .iGti- J �C...7,,fC-E`EN. //1 ; ", end, _, / � ii si..� _�✓ pni a G La- _E-:._ M&J c L u4 <:-J* I/We object to the requested application by special review r a sq. ft. 'ldinq W. Smith. Signa L-72CL tN aJG'fruc j Signs Ure/ t Street address Erie, CO 80516 CORJWC00803J.TXT ---_T 0 &Tr31)5 'il-f'\Wiq B AUG 1 4 1989 Weld co- Plamo GaMMSS10Y 90O1aR I/We object to the requested application by special review for 5000 sq. ft. building bu" by Larry W. Smith. S2gnat e'er yt, rgn /Q4/5 /Yl(xt;2 �� li.,uej Street address Erie, CO 80516 COVWC008033.TXT r. I/We object to the requested application by special review (r . ft. building b�JLLar'ry W. Stith. _Signature Signature /�S) L\ Avl Street address Erie, CO 80516 COR/WC008033.TXT I/We object to the requested application by special review for a 5000 sq. ft. building by Larry W. Smith. ever Gil. '\ ,n ,,1J r SignatupPrl Street 0a s Erie, CO 80516 900148 COR/WC00803J.TXT August 10 , 1989 Lanell Curry 915 10th Street Room 342 Greeley CO 80631 Ms Curry : Please note our objections to the change of zoning request being proposed for the house on the south-west corner of Weld County Road #5 and Spuce Drive in the Carmacar Ranchettes subdivision. This is a residential neighborhood and should be allowed to remain that way . The use of this property as a used car lot or a salvage yard for old Chevrolets is inconsistent with the original intent of the subdivision . We have no objection to anyone in the neighborhood pursuing a "hobby" within the confines of a closed building. However, we believe that in this case, it requires an extreme stretch of the imagination to believe that the restoration of old cars in quantities of more than one or two can be anything other than a commercial venture. Please be aware also that there are a number of other residents in Carmacar who are similarly inclined in their love of automobiles and could pursue a similar course should this exemption be allowed. There have, in the past, been others within the neighborhood who have requested permission to begin commercial endeavors and they have always been denied . Please share this letter with your associates. We will be unable to object in person at the hearing. Gary O. Bean Sonja K. Bean 1760 Spruce Drive Erie CO 80516 AUG 1 1 1989 900148 ,4 CU. W":11„v „',np„i ''w I/We object to the requested application by special review fora sq. ft. buil ' W. Smith. Si tore Signature /9S2 A.ifvu U/e7— Street address Erie, CO 80516 CORJNC00803J.TXT I/We object to the requested application by special review for a 5000 sq. ft. building by Larry W. Smith. Signature 5-3 q 7 Aspen nv, cr-r lra ( AUG 1 1 1989 Street address Erie, CO 80516 COR/WC00803J.TXT 'fgjjj G0. P80111m uumwaliP I/We object to the requested application by special review for a 5000 sq. ft. building by Larry W. Smith. 0r /7 Signature Pi Signature LI'S? ,rPe✓ A4✓E Street address Erie, CO 80516 COR/UC00803J.TXT 900148 ---- MAPG065.S OURCE.COBOL.(EXPI...A:l:i!) ND __.-•• {j i rl _.-.. - COLUMNS 001 }-,: SCROL1. ===> CER .:.ii' ********** ** *****4******* .1..C i I,_, op DATA ************************ * x ) PLANNING COMMITTEE ••- U 0 PER YOUR REQUEST'"1" 1 AM INC€._TIDING A MORE DETAILED DESCRIPTION •`;1 FOR THE USE OF THE STRUCTURE _ � "i.iFiF�. I HAVE Fi.€::G,L, S •,:-r;, MAINLY�I 0 I=`:� STORING r Y AUTOMOBILES AND AUTOMOTIVE WILL r3 f'f Y � �I 7 L .?�'i 1. LATER_.._...-1 • WILL BE FINISHING TH#. INSIDE OF THE: BARN SO I CAN DO SOME U iOF i< ON THE CARS,, THE t PEA:.: LIMITED TO REBUILDING i:L_'' f I�'r..€i'i��OF� •s `..I . . CARS O I... � i'1"7` WORM i—}t'.t THE r:r}�'`;� WILL L":�_��- PAINTER THERE w::F•s~. SINCE I i�:i�I NOT r�r :�� +�} BODIES r,r r— .— WILL ... ... .... COMPLETE REFINISHING r_�F' AUTO R THE REPAIR OF THE EODIEE WITHIN -i'1..1 E:. BARN. .I. WILL OCCASIONALLY BE REPAIRING ;H t::: I•;`i 1 �iY:_...:' AND I. WILL BE PAINTING • •, -' THISSHOULD i AE REPAINTING iCOMPLETE '1- itcL. ' W SAUTO BODIES,' P.f .i WAY • tii�•�f'I FROM CONSIDERED AFETY / FIRE HAZARD " f. WILL tt1 �� •�•----., ...,� ,., .,. NOT !�.Fm USING STORING r'a 1•�Y 1-�r" - ..i i CHEMICALS IN OR NEAR THE BARN OR ON MY PROPERTY FOR THAT :; MATTER.EF:. TO BETTER SUMMARIZE THE SITUATION THERE WILL NOT BE ANY SERIOUS PAINTING 01;; WELDING G TAKING PLACE IN THE R`•: _., �^ BARN . I�NOR WII_.I... THERE BE.: ANY HAZARDOUS CHEMICALS STORED OH THE PROPERTY.TY. I HOPE THIS WILL.. HELP IN YOUR DECISION. } LARRY SMITH 90014s Date: August 15, 1989 CAS£ NUMBER: USR-887 NAME: Larry W. Smith ADDRESS: 1960 Spruce Drive, Erie, CO 80516 REQUEST: A Bite specific development plan and a special review permit for an accessory building with gross floor area larger than 1,500 square feet in an approved and recorded subdivision. LEGAL DESCRIPTION: Lot 1, Block 6, Carmacar Ranchettes, Weld County, Colorado LOCATION: South of Highway 52, west of Weld County Road 5. 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 proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. A representative of the Town of Erie in a -referral response dated July 21, 1989, indicated no objections to this proposal. The chairman of the Tri-Area Planning Commission in a verbal response cn August -9, stated the commission had no objections as long as no commercial activity is associated with the building or lot. - The proposed use is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - The proposed use is compatible with the existing surrounding land uses which include other residences, accessory buildings, and agricultural land. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Special review permit development standards will ensure continued compatibility with the surrounding land uses. — No overlay district affects the site. 900148 Larry W. Smith USR-887 Page 2 Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application - 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 nr 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. 3. Prior to recording, the Special Review -Permit plat shall be amended to show the size of the building as 3,840 square feet. 900148 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LARRY W. SMITH TSR-887 1. The Site Specific Development Plan and Special Review permit is for an accessory building with gross floor area of 3,840 square feet in an approved and recorded subdivision as submitted in the application _materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. No commercial activity shall be conducted on this lot. No cars -shall be restored on this site for the purpose of resale. No cars or automobile parts shall be displayed for sale on the lot. No outside storage is permitted on this lot. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. Waste oil, waste paints, anti-freeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Any waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust -shall be confined on this site. 7. The accessory building shall be painted an earth-tone color. The paint -on the building shall be maintained at all times. 8. The height of the accessory building to the peak (highest point) of the goof shall be no greater than 20 feet. 9. All construction on the property shall be in accordance with the -requirements of the Weld County Building Code Ordinance. 10 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 11 . The property owner or operator shall be _responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 90-0149 Larry W. Smith USR-887 Sage 2 12. Personnel from the Weld County Health Department, Longmont Fire Protection District, and Weld County Department of Planning Services shad be granted access onto the property at any reasonable time in order to ensure the activities carried cut on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 13. 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 cr 7)evelopment Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 14. 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. 960148 ADDITIONAL UONAfENTS Larry-1d. Smith USR-887 Five postcards and seven letters of objection have been received from surrounding Property owners. The letters mainly address the possible commercial use of the building. Two petitions -objecting to the proposal have been received. The petitions contain 39 signatures. Pictures have also been submitted by surrounding residents. 9G0i.48 ¢fir .,,, . „i� `, v " 'T 1 '� ? < r;,kif t ' rrr ,4 5 r e "T;.ir�a s l v pa,' , ,, tr airuCa`a:.�,.1.�.� �dss. •. . �vab suiww".a�o+- t,mee. ,n.e`L�., -�,..�n'Yrs,.,n... ru_. .,.n ��re.:°n.ew�^` 0 ( Cr u.oO � Q L lgE ro c /14%� gy � PrL /o4 a-f f%c kA-&s ro l2 -5/ZC y''VE 54 6 Foor.8& O t"i' E _no j S I it�YUQ L� Y/�OM 3 DOD so fl- ro 34210 rt. ff�s /5 0L'E l"� AA, BvbE44. L a /gg4. & !� 5-44-g $v/Gt>inrG 5 / 0_6" � Qoa1 s-D �r X /oofr � e Qoflr 9G�s cap 4-4&- -1 -1/— 67 960148 ff� I/We object to the requested application_bv special review for a-5000 sq. ft. building by Larry W. Smith. nA�^(_ Signature Signature 19ojNvtr\,V _o � Street address Erie, CO 80516 COR/WC00803J.TxT fIoWe �.bjed the nested application by I ,p� special review --' r'"" ry W. Shiiih. Signature Signature Erie, CO 80516 COR/WC00803J.TXT so®1n$ FILE PL0485 CASE 900148 US 8887 CASE 900'148 CONTAINS PICTURES AS EXIBITS A-Q, PLEASE SEE ORIGINAL FILE ( y [fit O. r .} �' • • • • • • iiiiiiiiariid4 ., . • r. • I ,,:illpitio . , ll • Ai.s.r;,""""'..........- ..,.si\\F.,,=--—...,. .—,,..—.....ii_ •- .....3:0;;,..•- D n-it 2.0c\vi,IA — • • Y , ��,,K xr:�r¢'`• AUG 9 1989 Xid Cu. ?Lamm +i:nuuss i -S0®148 (.. -a,i • • • , r• . i . .7(j �+�- '« ♦ 10,E a y`aai,":40 i�- . t•� I II • 0 ....lid,-;1(.99 2.3-iic\--v/T,,• ii ... ,. ,. • _ . t _i AUG 9 1989 LI ..., . t Wf.'iiI CO. PlJo1,„g u,,,,mlISS!U1i -- •`'• - , 1` - _ 900148 }Si� � y .� er f L ll g-m , 7altilaill•' N Dr �l ]rac1v�l qt .ter I 11 y i UG 9 1989 WE(11 Co. Phii.ini2 uul(IIIIISSIUL rt 940148 , Li for a 5000/We object to the requested application by special review (I sI• ft. building by Larry W. Smith. I I Signature I Signature Street address , Erie, CO 80516 / COR/WC00803J.TXT I il , I I/We object to the requested application by special review for a 5000 sq. ft. building by Larry W. Smith. Signature iiirat 1 S ''_//ice 7-11D „f/ -G-f-a-/ Street address Erie, CD 80516 COR/WC008033.TXT I/We object to the requested application by special review ( �;% u U G 9 1989 fora 5000 sq. ft. build' by Larry W. Smith.• �i ' _Sign n ' EI6 Cu, Pbbn.au4 o�IDiw�;iu, l _Signature / 9 06 >kil, n CJAs a.) :' Street address tie, OJ 80516 _, COR/WC008033.TXT 9t;M148 � -// _0 a I K to 1 PETITION We, the owners of property in Carmacar Ranchettes Subdivision; oppose the Use by Special Review Application (USR-887) of Larry W. Smith and Julia K. Haley to construct a x , 000-square foot building on Lot 1 , Block 6 , Carmacar -Ranchettes Subdivision, Weld County, Colorado: -NAME OF PROPERTY OWNER - ADDRESS /' // .c- �' - t_s,. L� G G c'[ CJ CR_ S pi L6v , I .7.-iLw:411i) i � � -TL L . ^t_ ^ _ j / 1/ l _. _ , C, �) J-/.. j d ---i . "' I r: • z. v a i� .-.'.,i" , / / 'I //• .wry<Ge �:-. _. i r ✓'C Cil _ t `""' ;t 0 Lin, 1 .,-. 0 9 • 1 {/" , �e /:7 9 n J ,C — u �tC 5 ru r, /4( f",. ..ez( L / / YAK /2A _. /> Pr.:,- ii �I r _ ,� , /i/W/ / r W, S. _, c w�5 jnt I S1) rcu(' pt t e. r l ").- St-0148 • PETITION We, the owners of property in Carmacar Ranchettes Subdivision, oppose the Use by Special Review Application (IJSR-8$7) of Larry W. Smith and Julia K. Haley to construct a 5,000-square foot building on Lot 1 , I3lock 6 , Carmacar Ranchettes Subdivision, Weld County, Colorado : NAME OF PROPERTY- OWNER ADDRESS - :?. ''''' j-k ,f5 rw-wty 4- .1.1,1'4!.!4 ,./...- '.4—/.2.-(. i/ee ;14 �` C 77 2 / s/ "'-2-4,... c A21. '`�" } AUG 91989 • : ' -; rLtf 41?.IL 1;b. 'N'anutia .0iiiiiia %,. • • • • 9 0148 J -ID C PETTT:ON I we , -tne owners of property in Latmacar -Ranchettes Subdivision , oppose the Use by Special Review Application (ZJSR-887) of Larry W. .Smith and Julia K. Maley to construct a 5 , 000-square foot building on Tot 1 , Black 6 , Carmacar Ranchettes Subdivision , Weld County, Colorado : NAME OF -7-,nnrRTY OWNER KDDRESS /1- 2Z14V 1 `J C ` lam ' f ii u'�l.�i-Cte /�.CIC_. c_� ' C �j r r ° T'-J1 5" 2 �.d/y� J� S - / I L,N— �� a ‘ %( 3 C" PAT. .a \(-\Ci c .j `\.1.\-I--\ �I. F LiJ c `Z.am.\ C- -:-. f :S.:.;-- /l,,1 1::A...-L.-6-cc\-- KY -n-z 1 q a < , _ . , -): t ' (.1,7±.:./..:-_-,..,,,:f� I - , //C.s.. _4�/ _ / .J / if V .�L L j/JJJ / A /7 _ L [ 66 ljaGti /&c LSL 51/,../2/1 (Lin- v I Gel"% -'[-Cu/ x,01.46 Coo JOHN H. McCAMEY 1921 SpruceDrive Erie,Colorado 80516 (303) 442-8038 2 August 1989 t 0 2,1 )r t it \;r,' l DEPARTMENT OF PLANNING SERVICES Ir AUG q 1989 1 Lanell J. Curry 1I �. 91510th Street Greeley, Colorado 80631 �NEid �; al""'""`' ""'IMIN'su. Reference:-IJSR-I887 Larry Smith's 5000 Square Foot Building Dear Ms. Curry: I strongly object to a 5000 square foot building being constructed on the corner of WCR 5 and Spruce Drive by Larry J.Smith. Mr.Smith, since moving in to the house in question,-has-not conformed to county ordinances regarding junk cars,as be seen from the picturesattached. He had as many as six cars with for sale signs on them on his corner lotsluring the last-week in July. Mr.Smithcollects, restores,and disperses parts for 1960 Chevrolet Impalas. Following are items I feel need to be consideredty the planning commission relative to Mr. Smith's application. 1.The area is primarily a residential area and Ifeel that a 5000 square foot building on this corner property would tempt Mr. Smith or any subsequent owner to-develop a full scale business on the lot.Enforcement of nonconforming usage of the-building would be difficult to achieve;to wit is land use to date over the objections of the neighbors. 2. The houses in the neighborhood range from$100,-0100 to$250,000 and over in value, and a building of this magnitude could potentially be a neighborhood eyesore would-detract from the-value of the homes. S. I purchased my home at 1921 Spruce Drive with the long range plan for my wife and 11O live out our days. We wanted to live in aresidential area where-we would have plenty of room around us. We have-planted trees and done landscaping to improve the area and create the type of-setting we felt was intended for this area by the developer and the county planning commission. A 5000 square foot building,the largest to date in the area,would not fit in with this concept. Sin r y rs, John H. McCamey Lucia W. McCamey //,- JHM:gs 22i/ I f enc. CORIYCOMI3I.TXT 900148 August 4, 1989 Welii County Department of Planning Services 915 10th Street - Room 342 Greeley, CO 80631 Tip -the Weld -County Planning Commission: We are writing in response to the special review permit notice we received: Case# USR-887 Applicant - Larry W. Smith We are very much concerned and object to the size -of the building Mr. Smith would like to build on his property. We are a residential subdivision and fear Mr. Smith will be start- ing a business. He already has had more than ennuyh vehicles and car body parts all over his property, some with 4-BALE signs al - ready on them. So naturally, we are very much against a building larger than 1500 square feet. Also we hope that all cars and car parts will be kept in the new building. Any builslins with 5000 -square feet will _decrease the value of our properties. -Please help us keep our subdivision free from business and our real estate values at f-air market prices. Sincerely, tl y • i JL cry Mr. and Mrs. Robert Lozinski 1940 Spruce Drive Erie, CO. 80516 I_ AUG 8 1989 E - 900148 Nth! Co. PJru.une ..tunas+'w J - Ill �� .. L. _- i �i F A1F� • i it r f , a ec .rY t. . - / • •[r Jai i r 1 fit , 7 ti ' t + if 1 1 O ' itolirl iablikweite -.. s.•,\-qC * - • -" t F r•.,';'4-.r �. • -s eN - ,=.n."-'4:-..: ". ht..-b "- .,...,... '....-- 4' ..r, 't. ' .ra ry.y :a • t��K+.., Vt Rr Jtir�{jMS `�•(�� '.0^"fly P.. ay.'--. H V t �"'.s4�Ik mil•. N'M9t Y9'- i�nH .,w ~ �Y Va,liL� 44t+•-,:-4,1Y 4t5 r!ir, .d- ^tom rF ,,. �n I. w f tr•t ' ,l • -_- w sPMr - ,. , atallir ,rrr. j � . • •et" d+or -Tr.' w ___,,,µµµ,,, x X43 LAND-USE APPLICATION SUMMARY SHEET Date: august 8, 1989 CASE NUMBER: USR-887 NAME: Larry W. Smith ADDRESS: 1960 Spruce Drive, Erie, CO 8051_6 -REQUEST: A site specific development plan and a special review permit for an accessory building with gross floor area larger than 1,500 square feet in a recorded subdivision. LEGAL DESCRIPTION: Lot 1, Block 6, Larmacar Ranchettes, Weld County, Colorado LOCATION: South of Highway 52, ,rest of Weld County Road 5. SIZE OF PARCEL: 1.2 Acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Tepartment of Planning Services' staff has received specific _recommendations from the Longmont fire Protection t istrict and the Weld County Health Department. -Copies of these referral responses are included in this summary packet. Several objections have been received from surrounding property owners. Tive letters opposing this request have been received and are enclosed in this summary packet. 900148 •Op • • • e. n 25 = -so ,, . y1 b P„ • •e. 4.• e, • _._ _.7, la 1 � � ' ;; _ ; f •I•rr:. . • ' I ° • • • t ± )$ciii1I1LIL • •{JT1PPL • :„.4, - ,_,.,..,. . .. . • .4 i; :- .5 • ...M—=— v. w ) • t . I0 J • �. I '. • • Q°• 1 • y �1 N_ \ Al IL .R R . =o �`• e // I I . i` f i ° ) E. IL 1LA'TEVILLE \' ` r,�• . C• ..s • •:i.._.. . �' ti ,a. • k••I. •oz n • :1 . 'L" d..\ ..ns. az _ . . 1�_ J'i.. • ! • ` k• °O art ° % •.• I ` I • • r°� ''Z N{&° •"o 4r\• . • / Iti —•_—j[ 5— ek I .ate�r :.o • I�j r, \ • OFF =, p: sdn4oeD ' I == x, /�/p� x�( x, •_ , 25 r k•(▪ '� -, F!i 4Je p --oL- ! -'- i 111 I , r. ▪ �� o 33 4 BdRBOUR PONDS° -L S, y,a• •-✓ E AR d • •▪ 01 • '°• .� o2' . q • c =' � �' �aid nt C2— ••. r• , I• . I 9/ • • • ro / . i.1 r ,2 - • 'nIDNA1fT[ f� '. 'Iel° ;� 1 111-114 _ 1.1 •• e' ,to .'a ° •iti . °.L i t, x xo t •� °.I / i. °'h., °�_. ''` 1j C tt[ -'•ii ate\ J L H`..C �p POP 57 ,� 6 •Q'i- Y `+I (n..___[ 9 27 24 • I • 0 vt —ace; t Ev srOry //J 1 I I.2. _ N /v• °a ._•. °A I _ I �i �f I � '� ar ��y'-E_._: ., , g. eS r 57 FP OEF C pn °A •J�) •. IJ• D000NO 4' E J a qrr u(I� I i.. OAT LUPTON se: g 1.. ° , • _ ,�` C 41 ' c; x5J• // !:-.x/.:Bl. .� _ a s •_ r-.;.;ts ea•t ! ' r . . 1 J AEC& ® • • k r y� I ' P E' 11 ..��.. �" J. i,� . 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R r'L < } • ,, ..�� .ate .. •/.w�riber.. .��•• ' ) 1 x a . 900148 r • ;• iIt : - 1 - p r ! • . ..":4...-; 1- ti-,,,,A 1 '' , 1 FIELD CHECK FILING NUMBER: USR-887 DATE OF INSPECTION: August 2, 1989 NAME: Larry Smith REQUEST: A Site Specific Development Plan and a Special Review permit for an accessory building over 1,500 square feet in a recorded subdivision. LEGAL DESCRIPTION: Lot 1, Block 6, Carmacar Ranchettes, Weld County, Colorado LOCATION: The southwest corner ci Weld County Road 5 and Spruce give. LAND USE: N Spruce Drive, residences E Weld County Road 5, agricultural production S -Agricultural land, Parkland Estates W Residences -ZONING: N A (Agricultural) £ A (Agricultural) _Si A (Agricultural) W A (Agricultural) COMMENTS: Access to this lot is from Spruce Drive, a gravel road. There are approximately ten derelict vehicles stored on this lot, as well as some tires. She area around this house is -landscaped. CI : c_Lanell J. Curry, Current Planner 900148 -REFERRAL LIST NAME: Larry W. Smith CASE NUMBER: USR-887 REFERRALS SENT: July 13, 1989 REFERRALS TO BE RECEIVED BY: July 27, 1989 COUNTY TOWNS and CITIES -Attorney Ault X Health Department Brighton Extension Service Dacono Emergency Management Office Eaton Sheriff's Office X Erie X Engineering Evans Housing Authority firestone Airport Authority Fort Lupton Building Inspection Frederick Garden City STATE Gilcrest Division of Water Resources Greeley • Geological Survey Grover Department of Health Hudson Highway -Department Johnstown _Historical Society Keenesburg Water Conservation -Board Kersey Oil and Gas Conservation Commission La Salle Lochbui-e FIRE DISTRICTS Longmont _-Ault F-1 Mead Berthoud F-2 Milliken _-Brighton F-3 New Raymer Dacono F-19 Nunn -Eaton F-4 _Platteville Fort Lupton -F-5 Severance Galeton F-6 Windsor Hudson F-7 Johnstown F-8 - COUNTIES La Salle F-9 -Adams X Longmont F-10 Boulder ----Milliken -F-11 1.arimer Nunn F-12 Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platt-e Valley F-14 US Army Corp of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service Raymer Federal aviationAdministration Southeast Weld F-16 Federal Communication Commission Windsor/Severance F-17 Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Colo. Water Conservancy Dist. Greeley Panhandle Eastern Pipe Line Co. X Longmont X Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER X Bud Halldorson 900148 LONGMONT FIRE PROTECTION DISTRICT 9p `'4.� f= 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 1 47 ROTECTIOM O July 27, 1989 Lannel J . Curry Department of Planning 915 10th Street Greeley , Co 80631 Case # USR-887 Dear Mrs . Curry : • The Longmont Fire Protection District has reviewed the application from Larry Smith for construction of a 5000 square foot building located at 1960 Spruce Drive in Erie. At present we find nn conflicts with Mr . Smith ' s plans for construction of a Group M Occupancy . However , if the occupancy classification changes to a business nature , Mr . Smith will have to meet all requirements set forth in the Uniform Fire Code for that type of occupancy . Sincerely, //WI 41-ddor Mark A. Lawley Fire Marshal MAL:ph cc : Deputy Chief Emerson V AUG 11989 -Weld Cu. Memo 900148 +!l mE IORAnDUm Weld County Planning July 26, 1989 O To Date "r '� ' COLORADO From Environmental Protection Services ctuo 1' /J /t,',,„ Case Number: USR-887 Name: Smith, Larry Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Any waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. Fugitive dust must be confined on this site. WP79/dgc y JUL 2 7 1989 'Nel6 Cu. “q:111iNS$71it 900148 �[� DEPAR'. E'(N1�T„OF PLANNING SERVICES `' �` �•'fnEC U JUL 1 4 1989 ! PHONE(303)3564000 EXT.4400 .s nr 915 10th STREET r"��T` � GREELEY,COLORADO 80631 f _' ""'- ' " CASE NUMBER L'SR-887 COLORADO rti�, 77 ,�y,—L o r' 2^I ? gel lr\Vt5 July 13, 1939 III JUL 2 A. 1989 iii [ cal - TO WHOM IT MAY CONCERN: "?1716 Cu. Nt,mun: .ummisnal Enclosed is an application from Larry W. Smith for a Site Specific Development Plan and a Special Review permit for an accessory building with gross floor area larger than 1 ,500 square feet in a recorded subdivision. The parcel of land is described as Lot 1 , Block 6, Carmacar Ranchettes, Weld • County, Colorado. The location of the parcel of land for which this application has been submitted is south of Highway 52, west of Weld County Road 5. 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 July 27, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1 . V We have reviewed this request and find that it (Lei' 0610 /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. V 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. lease refer to the enclosed letter. Signed: ern/ -.4 'i^4 Agency: /J(^)^ G 1 (----✓d'I e Date: 74 / s60148 DEPARTI. 'T OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 • 915 10th STREET 'y • GREELEY,COLORADO 80631 A a„,,„ • CASE NUMBER USR �jy c: (,,,q' COLORADO � ' �' / JUL 1 A 1989 July 13, 1989 ESL__ *816 Lb. r'Ixn.m,e TO WHOM IT MAY CONCERN: Enclosed is an application from Larry W. Smith for a Site Specific Development Plan and a Special Review permit for an accessory building with gross floor area larger than 1,500 square feet in a recorded subdivision. The parcel of land is described as Lot 1, Block 6, Carmacar Ranchettes, Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Highway 52, west of Weld County Road 5. 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 July 27, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, 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. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration end will be submitted to you prier to: 5. Please refer to the enclosed letter. Signed: gaivey, . y, ,/f Agency: Boulder Valley Soil Conservation District o Date: July 17, 1989 thM148 q p p FIELD CHECK Filing Number: USR-887 Date of Inspection: ,/Zs/e9 Applicant's Name: Larry W. Smith Request: A Site Specific Development Plan and a Special Review permit fcr an accessory building with gross floor area larger than 1,500 square feet in a recorded subdivision. Legal Description: Lot 1, Block 6, Carmacar Ranchettes, Weld County, Colorado Location: South of Highway 52, west of Weld County Road 5. Land Use: N s7dei, Act E ,OPPq%nd 66'4e 1 lie 1/21 /116471 i / b�ol w 2 riAeedejil-I Zoning: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: laot ,aledauCLOVI Signature of Board Member 900148 suUi48 (.: NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public .. _. hearing on TuesdaY. August 15, . 1989, at 1:30 for.me urpose of conaidermK a Site SPp ecific Development Plan and a Speeal view permit fm the pro eRy described below. Approval of the request may create a vested property tight pursuant to . (:olorado Law. w c.,.:ro i, • APPLICANT: Isry •LEGAL DESCRIPTION: Lot 1, l _ Block 6, Carmacar Ranchettes Subdivision, Weld County, Colorado. -- - PROP AND INTENSITY OF PROPOSED USE: 5,000 square • f�of Weld Cth ounty Roo 5 eY 52, TThehe a 1.2. l a hearing res will beheld in the it'eld County.ICommoor, Weld F ' County Hr Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in wasting to the Weld ... �. .. County Departmen of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 60631, before the above date or presented at the public hewing on August 15,1960. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center 915 Tenth Street, Greeleyy,� Colorado 00031 - Phone-356-40®,Extension M00. Bud Halldorsonduison Chairman •:-.. ... - Tolbe p bushtY ed a lanning cNew ommulwan To be published one (1) time by I July 27,1909 Published in The New News July J \\,�{1 V\�. , } V,1909. ciz_ i(o.,:_},c_f_eyn.7„.../___ AUG 21989 Weld en. Menlo Iiuininisziap 9(i0148 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 the case #USR-887 for Larry W. Smith in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 13th day of July, 1989. --a el U ` Aoe TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, August 15, 1989, at 1 :30 p.m. in the County Commissioners' Hearing Room, first flour, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: USR-887 APPLICANT: Larry W. Smith REQUEST: A Site Specific Development Plan and a Special Review permit for an accessory building with gross floor area larger than 1,500 square feet in a recorded subdivision. ', LEGAL: Lot 1 , Block 6, Carmacar Ranchettes, Weld County, Colorado LOCATION: South of Highway 52, west of Weld County Road 5. For more information call Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 900148 SURROUNDING PROPERTY OWNERS SURROUNDING MINERAL OWNERS LARRY W. SMITH JULIE K. HALEY USR-887 Steve H. and Susan G. Beatty 7175 South Penrose Court Littleton, CO 80122 David K. and Betty A. Morris 1844 Pikes Peak Street Erie, CO 80516 Gene L. and Dorothy A. Schriner 1874 Pikes Peak Street Erie, CO 80516 Thomas C. and Gayle A. Gamble 1904 Pikes Peak Street Erie, CO 80516 William M. and Nancy A. Towbridge 1984 Pikes Peak Drive Erie, CO 80516 Robert G. and Mindy C. Mohr 5229 Weld County Road 5 Erie, CO 80516 Joe L. and Mary Jean Cardinale 1881 Spruce Drive Erie, CO 80516 John H. and Lucia W. McCamey 1921 Spruce Drive Erie, CO 80516 Edward D. and Terry L. Lewis 1941 Spruce Drive Erie, CO 80516 Raymond G. and Marylane LaRue 5199 Weld County Road 5 Erie, CO 80516 Larry W. Smith Julie K. Haley 1960 Spruce Drive Erie, CO 80516 900148 e4 PAGE 2 Robert and Martha Lozinski 1940 Spruce Drive Erie, CO 80516 Wilam M. Kirkpatrick 1920 Spruce Drive Erie, CO 80516 Edward A. and Judy P. Lasnik 1880 Spruce Drive Erie, CO 80516 Union Pacific Land Resources Corp. P.O. Box 2500 • Broomfield, CO 80020 900148 • DEP-ARTLoNT OF PLANNING SERVICES • `` f tie--ti;\\ (1/4,„ PHONE(303)356-4000 EXT.4400 915 10 10th STREET If I, Alpap GREELEY,COLORADO 80631 COLORADO July 13, 1989 Larry W. Smith 1960 Spruce Drive Erie, CO 80516 Subject: USR-887 - Request for a Site Specific Development Plan and a Special Review permit for an accessory building with gross floor area larger than 1,500 square feet in a recorded subdivision on a parcel of land described as Lot 1 , Block 6, Carmacar Ranchettes, Weld County, Colorado. Dear Mr. Smith: Your applicaticn 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 on Tuesday, August 15, 1989, 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 Tri-Area and Erie Planning Commissions for their review and comments. Please call Mary Jane Hall from the Tri-Area Planning Commission at 737-2181 and Scott Hahn from the Erie Planning Commission at 828-3842 for further details regarding the dates, times, and places of these meetings. It is recommended that you and/or a representative be in attendance at the Tri-Area and Erie Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. 900148 cird Larry W. Smith July 13, 1989 Page 2 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 August 1 , 1989, you or a representative should call me to obtain a sign to be posted on the site no later than August 4, 1989. The Department of Planning Services ' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If ycu have any questions concerning this matter, please feel free to call me. Respectfully, a4^-12O- Lanell J. Curry Current Planner LJC:dn pc Russ Anson Attorney at Law 1011 11th. Avenue Greeley, CO 80631 900148 ,L.„11.-In C t- 'and) a//es /989 /0/ da rhfy ,fie/0/.6n et/74 o ^ / /annmy Services 9/s /O'i .S/5-ec/l /9 o©n ,3 Al G � P e/e y? C/o%fr��c�e' S063/ Pi r5111- q fJt/ Zane // c/ Catfy ( AUG 4 1989 Weld Co. Nanning GomnilSSIM Suj c/; 23a//c /may PefM a r/-t/ si771/A Lcf // , 8/4 6 Cci'f-f77) ce?t'- /' c7 fi cA e/1 to 5 6,6_37o TO 4// Cone et-n ect/ ye p / � /Gj°c�.sr� t`he /sstra/a�e o/� <� �yi�� / er/�//f to i c7i-/-r/ /�L S1r i l6 ` ofr c? CO 7/1 of C;a/ 610 e O'x/DDS /vet" ,"/s an/ or- V;,7/-/c7nces' A at/e a// reams,/,/. ire el /sseled �ot ei-/nd Oq fafe0 el / / o7/qe1 _some `iecc ii�n7 e /7(4/� yc)/'de Oa ��Xry c?reno7`// /o ere./ Oaf poa/s o7ncl/✓Sl�rre/y sve &//'ea1/ ecc/97e Q7 l / a0;ay —V'Pec,r /Le.7`71 y/Oyncl, far el vv/f/i no ho/c /€ ->s hscfec tt;,f't 42 c4 He/gee, c7 fl / /77ofe ./ / ✓Lst c�wLG� g/ . chmi es £, 4 (1 eas y'/ v �7.� /S P/Aes Pea-WC Sf/ A-/-/e CD ear/6 900148 July 31 , 1989 Mr . William Trowbridge 1984 Pikes Peak St . Erie, CO . :::051F,-")71r:: I.._a in C l l J . Curry Weld County Dept. . of Planning Services 915 10th St. Rrir 342 Greeley? Co. 80631 Dear Sir : I am writing concerning the application to errect a single story r,ui 1dina at 1960 Spruce Drive in the Carriracar Ftanchet•t•cs, by Larry Smith . It has enure to my attention that this structure will be used as a business to repair vehicles . This is a quiet. Residential area not a Commercial ial area . In allowing a business tr_ operate in this area property values will decrease . It will also bring increased traffic into the development . I moved into this area to get away from the "city" not to have it move i n . Your prompt attention to this matter will be greatly appreciated . Willi.aro M . Tr U L+ i AUG 3 1989 • • yg gg S�laruul�� i��ilirt3Slph 4225 REV.4-88 Ruined m us 9_;.0148 4'Y C AUG 11989 Weld Cu. Plajmnw ,mmmssIm, Department of Planning Services Weld County Centennial Center S15 Tenth St . Greeley , Colorado 60631 Dear Lanell J . curry , As residents of Carmacar Subdivision and a neighbor located close to Larry Smith, we are concerned about his request to build a large building on his property . The old cars he has parked on his yard have been an eye sore since the day he moved in . The people who lived there before him kept the place looking so nice . What a disappointment to see what happened when they sold to Larry Smith . The junky cars he has parked all over his property undoubtedly lowers the property value for all the homeowners around him . The house accross the street from him resembles a junk yard and we Feel they both should clean up their yards out of sheer respect of their neighborhood & the people who live here & work hard to keep it clean . Mr . Smith works on these old cars then tests them on Rd .5 (drags) . It 's noisy and dangerous For others . Some of the neighbors who work so hard to keep their yards & homes nice have mentioned thoughts of selling and moving to another Subdivision just to get away from these two houses . We hate to see this happen . We would like to see some action to get these people to clean up their yards and keep this Subdivision a proud place to live . Thank You, Sincerely , Ed & Judy Lasnik Aj 900148 JUL 26 1989 Ms. Lanell J. Curry, Current Planner Weld County Department of Planning Services 915 10th Street, Room 342 Greeley, CO 80631 RE: Case No. USR-887 Dear Ms. Curry: This letter is in response to the notice we received about the proposed construction of an accessory building with gross floor area larger than 1 , 500 square feet, by Mr. Larry W. Smith of Lot 1 , Block 6, in Carmacar Ranchettes. Since this is a residential neighborhood, and Mr. Smith already has or has had over a dozen running and non-running vehicles on his property, we are concerned about his intention of running a business ( junkyard and/or auto repair or restoration ) from his home. We believe that this detracts from both local property values, and the aesthetic value of our neighborhood. We live approximately two houses away from Mr. Smith, on Weld County Road 5 . Therefore, we oppose construction of an accessory building of larger than 1 , 500 square feet on Mr. Smith ' s lot. In addition, if a smaller building is built, we hope that there is a way to ensure than all dismantled parts or vehicles remain inside the new building. Sincerely, Robert and Mindy Mohr 5229 Weld County Road 5 Erie, Colorado 80516 """ 9 1989 1 C d.io b. •. 6 „ouuo.i.IUO SOOj48 Cil I 1820 Spruce DR. Erie, Colorado August 4, 1989 Re: Case no. USR-887 Ms . Lanell J . Curry: This letter is to voice our concern about Mr. Smith's application for a permit to build a 1500 or larger square foot out-building on his property in Camacar Ranchette Subdivision. We believe the proposed building is too large for the property. More importantly, we are concerned about it 's intended use as a possible automobile repair business . Our subdivision zoning states that no businesses can be put on this land. Moreover, as is evidenced by a residence directly north of this property, an auto shop (even if used only to supposedly repair personal , relatives and friend's cars ) can become very unsightly. There is a tendency to store old cars, car parts , tires, and various junk outside in full view of all who pass by. Most of the tenants in this subdivision work hard at keeping our properties clean and attractive in appearance. We feel that it would be to everyones ' best interest if Mr. Smith were not allowed to build this large building. If he wants to have an auto repair building or repair shop, it should be in a location zoned 'and intended for that purpose. This would protect the beauty and the property values of all our homes including that of Mr. Smith 's . Sincerely, Mr. & Mrs . Marvin Thompson o _�1�5 7[1,/751` AUG 71989 9001 - fi Weld Cis DL l • APPLICATION USE BY.SPECIAL REVIEW Department of Planning Services, 915-Tenth Street, Creeley, Colorado t?0631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by T 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 hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: Tart of Lot 1, Block 6, Carmacar Ranchette:; LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Section T N, R W -- _LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section N, R W Lot 1, Block 6, Carmacar Ranchettes Property Address (if available)1960 Spruce Drive, Erie, CO 80516 PRESENT ZONE A-Agricultural OVERLAY ZONES TOTAL ACREAGE 1.2 acres Accessory building exceeding 1,500 square feet PROPOSED LAND USEVehicle storage in 5,000 foot building EXISTING LAND USE Residential -' ---' SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: -^ Name: -Larry W. Smith and Julie K. Haley Address: 1960 Spruce Drive City Erie, CO Zip 6016 Home Telephone # Business Telephone # 236-B790 �z Name: Address: -City Zip Home Telephone # Business Telephone # Name: ! r.. -• Address: - - City Zip. Home Telephone # w Business Telephone !t 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 rccori. Name: Address: - City --�._____ i i pM----------- • Name: Address: City Z ip.____ Name: Address: J .- City-- —_ -- I hereby depose and state under the pena]ities of perjury that all statements, proposele and/or plans submitted with or contained within this application are true and correct to the best of my kncwl edge. COUNTY OF WELD ) STATE OF COLORADO) ' 44' ; • Lt� „r- -Subscribed Signature: Owner of Authorized Agec,t and sworn to before me this /('1 day of I9!1 F SEAL ego-7r�2/ /Le L . ... . NO' RY PUBLIC C) MyZommissior, expires c21/S79./ T_ 900149 2 . _DETAILED -DESCRIPTION THE PROPOSED OPERATIONS PROPOSED USE: The proposed use is an accessory building in an agricultural 2oned area with gross floor area larger than 1 ,500 square feet and will be constructed on a lot in an approved subdivision plat, Carmacar Renchettes . Specifically the applicant wishes to construct a steel building that measures 50 ' x 100 ' . The purpose of the building is for the storage of motor vehicles which the applicant presently has in open storage on his property. No s-ales or commercial activity will be conducted on the premises . 'the use of the building will be solely for the storage of these vehicles . The applicant for his self-enjoyment restores antique and classic automobiles . STEED FOR USE: The building will be placed on the property solely for the use of the applicant homeowner for the storage of vehicles . The need for the building is to bring the property within compliance of the zoning ordinance which prohibits open storage of motor vehicles . This in turn will improve the appearance of the property. TYPES OF EXISTING USES ON SURROUNDING PROPERTIES: The _surrounding properties as well as this property consist of residential uses and several of the other properties also have open storage of motor vehicles . NEARBY RESIDENTIAL STRUCTURES: One residence is located approximately 150-200 feet to the north and another residence about 150-200 feet to the west. MAXIMUM NUMBER OF USERS, PATRONS, MEMBERS AND BUYERS : No business activity will be conducted on the property, therefore, there will be no users, patrons , members or buyers . The building will be solely used by the property owner applicant . EMPLOYEES, SHIFTS AND HOURS OF OPERATION: No business will be conducted on the premises, therefore, there will be no employees, nor will there be hours of operation. WATER SOURCE: The applicant' s water source is the Left Hand water Supply. 900148 ACCESS ROUTES: The only access route will be for the use of the owner of the property which is the normal access off of County Road 5 to Spruce Drive and then from Spruce Drive on to the property. VEHICULAR TRAFFIC: Normally there will be no additional vehicular traffic for the property other than the existing traffic to and from the residence for the applicant ' s own use. SEWAGE FACILITIES : The applicant uses a septic system for his residence and no additional use is expected for the requested storage building. FIRE PROTECTION MEASURES: There is a fire plug on the northeast corner of the property which is served by the Erie Fire Department. ANIMALS: This category is not applicable to this use. There are no animals on the property. WASTE STOCKPILES OR STORAGE AREAS: There are no waste stockpiles and the intent is to place the storage of the vehicles within an enclosed building rather than having open storage. STORM WATER RETENTION FACILITIES: This category would be non-applicable to the use proposed . REMOVAL OF WASTE: The only type of waste associated with this property would be the normal residential waste which is disposed of by the applicant personally hauling it to a local landfill. LANDSCAPING PLANS AND EROSION CONTROL MEASURES : The proposed use by the construction of the storage building will not have the type of impact that would require screening or erosion control. RECLAMATION PROCEDURES: Not applicable. 2 900148 TIMETABLE: The property has presently motor vehicles stored in the open. The property owner was unaware that he needed to apply for a Use By Special Review because of the fact that many properties in this area have open storage of motor vehicles . The applicant intends to have the building constructed soon after the final approval of a Use by Special Review. 3 . STATEMENT REGARDING THE WELD COUNTY COMPREHENSIVE PLAN AND SUPPORTING INFORMATION FOR THE REQUIREMENTS UNDER THE ZONING ORDINANCE: A. The proposed use is consistent with the Weld County Comprehensive Plan for the following reasons : ( 1 ) The particular site does not remove "prime" agriculture land from farming. (2 ) The proposed use would not require new infra- structure, utilities and other services . The road traffic to and from the site would not increase because of the proposed building. ( 3 ) No natural resources are being used or impeded at the site by the use or operation. The use of the site would in no manner retard or prevent future mining of mineral resources . (4 ) No air noise and surface pollution would be axpected from the use of the building. ( 5 ) No conversion of agricultural land to any other use would be done to accommodate this use other than what has already been done. The use of the property is presently for residential use by an approved subdivision. ( 6 ) There would be no adverse impact on the County' s tax base. ( 7 ) Public facilities and services such as sewer, water, roads, schools and fire and police protection would not have to be increased or adversely impacted because of the proposed use. ( 8 ) The proposed use would have no adverse impact on soil, ground water, and water aquifer conservation practices and protection. 3 900148 B. The proposed use is consistent with the intent of the District in which the use is located. (1 ) The use is located in agriculturally zoned land, however, it is an approved subdivision which presently has residential uses about it. The proposed use of the property for a storage building as an accessory use would not take away any agricultural land nor have an adverse impact on such agricultural property. It would still maintain agriculture as an essential feature in this general area. The use of a storage building as an accessory building in A-Agricultural District is allowed as a Use by Special Review under Section 31 . 4 . 16 of The Weld County Zoning Ordinance if the gross floor area is greater than 1 ,500 square feet. C. The location of the proposed use on this parcel will not adversely affect productive agricultural land nor remove any agricultural land from production. D. There is adequate protection of the health, safety and welfare of the inhabitants in the neighborhood and of the County by enclosing the present outside storage in a building this will actually lessen the impact on surrounding property by maintaining the area in a primary residential use. E. The proposed use will be compatible with the existing surrounding land uses . The surrounding land uses are mainly residential uses within the subdivision and agricultural without the subdivision. By the addition of this building for inside storage, it will make the property more compatible with the surrounding land uses. F. The proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the Comprehensive Plan of the County or the adopted Master Plans of the affected municipalities. The proposed use will have a very minimal impact on the surrounding area and therefore will not in any manner affect the prime use of the area for residential use within the subdivision and the area without the subdivision for agricultural uses . The proposed use does not conflict with the Erie Comprehensive Plan. G. The proposed use is not located in a flood plain, geologic hazard, or the Weld County Airport Overlay District. H. A water supply is presently available for the property from the Left Hand Water Supply and there is no special water supply that is needed for the proposed use. I . A copy of the deed identifying the ownership interest on the property is attached. 4 900148 J. No noise report is submitted. Use of the property does not produce abnormal or excessive noises . K. Attached is a soil report and map showing 42-Nunn clay loam, 1 to 3 percent slopes . L. A certified list of names , addresses , parcel identification of the surface within 500 feet of the property is submitted and attached to this Application. M. A certified list of the names and addresses of mineral owners on or under this particular parcel of land is also submitted and attached . 5 900148 . 5 . t., AR20L3735 If „ its ••did_M.• 'Wins' i A I g MB - • `s il WARRANTY DEED IRIS DEED,Mat dma 11th day of July IR 86 ,bawae ••- 4 JACK LEE WZYNSKI AND PATRICIA ANN LOZYNSLI e . n, of the •Carrel Wald sad St..s at Cdado,pane d LARRY W. SMITH AND JULIE R. HALEY • whose legal address is 1960 Spruce Drive, Erie, CO 80516 d the Cary d Weld sad Sued Colorado,geweaa WITNESS.don the Rues,la and is conuMrion of the sum d *****ONE HUNDRED NINETEEN THOUSAND, NINE HUNDRED AND NO/100•.• DOLLARS. the receipt tad sufficiency of which is hereby wines ledge&ha granted.NesU ed.sold d conveyed.ad by that pee t dos •' ' grant, ,wit and confirm with the { rand joie nary. hoar". oar, gmee�,their lsindasat swages aaele Is bvi'r all the real peopeny,noaetbr with iapeosneas.If say,cheats.lying sad being la the Cosviy of 4 , Weld d Sur d Coktdo,described m follows: r' �•. B 1120 REC 02061715 07/21/86 16t11 $3.00 1/001 V " Lot 1, T 1806 MARY ANN PEUERSTEIN CLERK i RECORDER WELD CO, CO Block 6, CAPJIACAR RANCHETTES, According to the recorded plat thereof. r new also bon by freer and main s 1960 Spruce Drive, Erie, CO 80516 I 7 IO;CETHPJI with all and avigulsr the hetrditsrt,nes dppae,_.a .s then-woo belonging,a la anywise appertaining d de minions d mamma,taesid d e r er and tents,issues d menu Aped all di sod e tusk,Adis.elk.Sent,claim d .. ti demand*haunt". gnaw gna either s law a d's equity, and w the those with the hereditament,sat t its N appvenan,o. i,- TO HAVE AND TO HOLD the said prmee.above bargained and dexnbd.with the appaewua.vitae de grades,their heir rd Islam faces.And the gnaw,for hornet(his heirs and personal repnrenutites,don mass.paa•bargain and are so sad •t7 wilt the grammes•del kin ad amens,that a de lime of the Caseating and delivery ddese pe+eres.he Is well seised of the premiers above conveyed,ha good.sr.perfect.abatis and irkkaubk estate of inheritance,is Ion.is fee simple.s d ha good eight.fed •• purer and lawful authority tograw.bargain.tell and convey de mane in owner and Iona akaa.id.and thse the sane art bee and . .. from all limner s d other grafts.bargaa,aka.diets.tames.a eumeses.ennsnt ins ad seuriclima of whom kind a sase a arm.nape taxes for the year 1986 and subsequent years, which by reason of " adjustment the grantees assure and agree to pay, and subject to easements, f restrictions, reservations, and rights of way of record, if any. f}. The guar shall and will WARRANT AND FOREVER DEFEND the.bene-0mp6cd pygmies Is the mile aid peaceable possession,of the pawn.del heks and mays.area all d every persona prom pa lawfully daisies the whole a say Pee •;. .. tiered The alm ar Dumber,Ip}clsde the phial.the phial the Mara aiding dry seder gall be applicable to a0 Bests. `. •'„ i. IX WITNESS palEPEOF the pea his armed ed this deed on the doe set fad shat. r 2‘.:,..:,. Ms; k Lee Lozinaki Patricia Ann 1nak1 7 J' STATE Of COLORADO a sw. County Boulder 1I1f J• }� I The faegaire iantrument sr akaowldtd hefae ate this 11th M d July ,146 , •µs - by .v Jack ...Lee .Lozinaki and Patricia fan Lozinaki Y.P C visa myVd alncle md. or ...�``• hly CwaaWasm u f/R9 .et yb. . - _ *c5 +CL ti ,- o 1002 17L6n'71te., Longmont, CO 501 -.• •a.Man lames ' S'1. • v . 0 Is..aL.l ha Si.wraasgrt eaLta ISM rr wy+rm..an rrwa..u.�lmam•—eaaaslr sa e e�: 900148 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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 (500) feet of the property subject to the application. 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 (30) days of the application submission date. 4//lA/4/, /- .,//, /141 , - The foregoing instrument was subscribed and sworn to before me this 7rh day June , 19 89 ` by Kathryn A. Wolking WITNESS my hand and official seal . My Commission expires : /0_a6_ 9011 idiaRt<S99t k--- tary Public 200148 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION It Steve H. & Susan 7175 S. Penrose Ct. G. Beatty Littleton, CO 80122 146705400011 David K. & Betty A. 1844 Pikes Peak St. Morris Erie, CO 80516 146705403010 Gene L. & Dorothy A. 1874 Pikes Peak St. Schriner Erie, CO 80516 146705403009 Thomas C. & Gayle A. 1904 Pikes Peak St. flamble Erie, CO 80516 146705403008 William M. & Nancy A. 1984 Pikes Peak Dr. Towbridge Erie, CO 80516 146705403007 Robert G. & Mindy C. 5229 Weld County Rd 5 Mohr Erie, CO 80516 146705403006 Joe L. & Mary Jean 1881 Spruce Dr. Cardinale Erie, CO 80516 146705403002 John H. & Lucia W. 1921 Spruce Dr. McCamey Erie, CO 80516 146705403003 Edward D. & Terry L. 1941 Spruce Dr. Lewis Erie, CO 80516 146705403004 Raymond G. & Marylane 5199 Weld County Rd 5 LaRue Erie, CO 80516 146705403005 Larry W. Smith & 1960 Spruce Dr. Julie K. Haley Erie, CO 80516 146705404009 Robert & Martha 1940 Spruce Dr. Lozinski Erie, CO 80516 146705404008 1920 Spruce Dr. Wilma M. Kirkpatrick Erie, CO 80516 146705404007 Edward A. & Judy P. 1880 Spruce Dr. Lasnik Erie, CO 80516 146705404006 Union Pacific Land P. 0. Box 2500 Resources Corp. Broomfield, CO 80020 146704000036 9C0148 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 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 lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. bbhiki / /mot 1, )kf, ,1 ..,, `, -The foregoing instrument was subscribed and sworn to before me this 7th day of June , 19 89. WITNESS my hand and official seal. My Commission expires: 7026- ?4,7i--- ../..-:> ( / /" l c (.��/bt� otary Public 200148 Union Pacific Land Resources Corporation P. D. Box 2500 Broomfield, CO 80020 900148 - .4.14.•.----- R . /t 3 .- T.,,../.-1' f z -,L*-'''''' �' --..._../;%--�•" -m!f /4O::41 Y ,�Y ,r- - ...3, r `>ra r,9* . «` a , ` #'N , ..•:. vi , .` .r.f�k -T, Sl 53 _36,4 / Y.rj ' tk ri0 '' >7 ,�47 'k' "w4�x7.y ,y_>- r.:.,. qtr 110�21"91' t, 32. - " , •:T�r �, f.F' a ,t R' .t +�,4 ,..,3}33a py` yXeyr« �+�^Q i.r. . SJ Cr▪' o 47 P .y, t 'if' r , T$ ,� .a• '•4 �., �.Ki d rx D^ i 1 k �NSC- r •�k �, u , r y< i.�`,�✓iy� Y �� : c` ?fin )t fr f Yl+ •� * 1�I i • m1,'*T Y.v)f r ^ra wf. rt3 J.57 i t �,.• o .c n r , y ...„,.,,,,...„..,,,..4... ,..„,„,.,...., ,,6 ,�. lima ¶f :' 2 , 4,'y46i2 ` , 3.� � �` J' �. - y 'jys+: +7u •, `®of y� •' .i 7. 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' �}40 I r--:',-,.4. • > j i`J•SI I.F�,. � rx r 6' �l',s'�Y—•• fi „. . �} /f -a r r� ....;;T. % .�.• � a+ vri 93 • .r {, ty )i' , iy �'�44 At vo •Z �, R • Atl at r.; ;y^, *?.—r-f } + .if 77:,.• 1: ' { r �, KLjV ReF __ 1y,� ,"sref!a��.l ; 1, f Mi1715,41f. ..-,' P+� ) •} ' y ♦x of tY I Y"'.S 4t • ., •/ 4 �'. oust m �1 as t • �, � ififii £•4`kit iik' % t f 'i•1 2• u .mss Y n q r� i `a. ff T'"f7c�y'J '° , a42 a*{J 4 40 w ' �.rd'�4 ,Ft '�) `71 Std t ii „ -, . l tkx ��; e.t r.14-af ! 66 •N a.. S )..i..„,..:?..,,-ti.:40).s .:.:.,,,:,..,..,;..., ,..:,.,-.,,t ,„....„,-.45 .,. .. i '''..-V4-• l .. , . .L, t1 a s �4it -.4 67 �3 L• r 4 • a 1 f p- ➢ii ' aj' r u 8 c �gy 'Ifi..,y .r.-r- ` ,14;',':yew f�i 53 �r xribillialla v H%%:4'' "" r...;!-- A if, 36 47 ., 0Wr lip; 11.. r ) .. o t. _u '•t` 3 ti � 57 JNc F it 8 7 v.x.. Fa.fB 79 7` fS ; fio�a .,. < i F,w ti 40 _ ^� , : K..:S ' Unlo,, / ` C., 5 qt, C YHh -L r < a 11. ,� ';"�_a 40 MI x. �+,; SA''', .,`•y, '' � .4 4,`q'9i s a ir. t 41 r f�TZ ' ..t40 •t 1r`36 f.'.. # x• Y . ,, M, . Ctit sill , .. WELD t NTY, COLORADO, SOUTHERN TART 29 ave good survival are Rocky Mountain juniper, eastern The potential -native vegetation is dominated by !dcedar, ponderosa pine, Siberian elm, Russian-olive, and western wheatgrass and blue grama. Buffalograss is also ackberry.The shrubs best suited are skunkbush sumac, present. Potential production ranges from 1,000 pounds lac,Siberian peashrub, and American plum. per acre in favorable years to 600 pounds in unfavorable Wildlife is an important secondary use of this soil The years. As range condition deteriorates, a blue grama-buf- ropland areas_provide favorable habitat for ring-necked _falograss sod forms. Undesirable weeds and annuals in- ieasant and mourning dove. Many nongame species can vade the site as range condition becomes poorer. attracted by establishing areas for nesting and escape Management of vegetation of this soil should be based Iver. For pheasants, undisturbed nesting cover is essen- on taking half and leaving half of the total annual produc- al and should be included in plans for habitat develop- tion. Range pitting can help in reducing runoff. Seeding is ent, especially in areas of intensive agriculture. desirable if the range is in This soil has fair to poor potential for urban develop- wheatgrass, g �r condition. Western Ent. It has moderate to high shrink swell, low strength, blue grama, stresses grama, ass alre suit pu- ble bescent wheatgrass, and crested wheatgrass are suitable id moderately slow permeability. These features create for seeding.The grass selected should meet the seasonal nblems in dwelling and road construction. Those areas requirements of livestock. It can be seeded into a clean, at have loam or sandy loam in the lower part of the firm sorghum stubble, or it can be drilled into a firm bstratum are suitable for septic tank absorption fields prepared seedbed. Seeding early in spring has proven id foundations. Some areas of this soil are adjacent to most successful reams and are subject to occasional flooding. The paten- Windbreaks and environmental plantings are generally a is fair for such recreational development as camp and well suited to this soil. Cultivation to control competing :nic areas and playgrounds. Capability class I irrigated. vegetation should be continued for as many years as 42—Nunn clay loam, 1 to 3 percent slopes. This is a possible following planting. Trees that are best suited and ep, well drained soil on terraces and smooth plains at have good survival are Rocky Mountain juniper, eastern mations of 4,550 to 5,150 feet. It formed in mixed allu- redcedar, ponderosa pine, Siberian elm, Russian-olive, and im and eolian deposits—Included in mapping are small, hackberry.The shrubs best suited are skunkbush sumac, ig and narrow areas of sand and gravel deposits and lilac, Siberian peashrub, and American plum. tall areas of soils that are subject to occasional flooding. Wildlife is an important secondary use of this soil. The me leveled areas are also included. _cropland areas provide favorable habitat for ring-necked Typically the surface layer of this Nunn soil is grayish pheasant and mourning dove. Many nongame species can own clay loam aobut 9 inches thick. The subsoil is light be attracted by establishing areas for nesting and escape ownish gray clay loam about 14 inches thick. The upper cover. For pheasants, undisturbed nesting cover is essen- rt of the substratum is light brownish gray clay loam. tial and should be included in plans for habitat develop- e lower part to a depth of 60 inches is brown sandy ment, especially in areas of intensive agriculture.Range- 'm' land wildlife, for example, the pronghorn antelope, can be Permeability is moderately slow. Available water attracted by developing livestock watering facilities, iacity is high. The effective rooting depth is 60 inches managing livestock grazing, and reseeding where needed. more. Surface runoff is medium, and the erosion This soil has fair to poor potential for urban develop- card is low. ment.It has moderate to high shrink swell, low strength, En irrigated areas this soil is suited to all crops corn- and moderately slow permeability. These features create miy grown in the area, including corn, sugar beets, problems in dwelling and road construction. Those areas ins, alfalfa, small grain, potatoes, and onions. An exam- that have loam or sandy loam in the lower part of the of a suitable cropping system is 3 to 4 years of alfalfa substratum are suitable for septic tank absorption fields lowed by corn, corn for silage, sugar beets, small grain, and foundations. Some areas of this soil are adjacent to beans. Generally such characteristics as the high clay streams and are subject to occasional flooding. The paten- 'tent or the rapidly permeable substratum slightly tial is fair for such recreational development as camp and trict some crops. picnic areas and playgrounds. Capability subclass IIe ir- ill methods of irrigation are suitable, but furrow ir- rigated, IIlc nonirrigated; Clayey Plains range site. ation is the most common. Proper irrigation water 43—Nunn loamy sand, 0 to 1 percent slopes. This is a nagement is essential. Barnyard manure and commer- deep, well drained soil on terraces at elevations of 4,700 fertilizer are needed for top yields. to 4,900 feet. It formed in alluvium along Box Elder n nonirrigated areas most of the acreage is in small Creek. Included in mapping are small areas of soils that in and it is summer fallowed in alternate years. have a loamy subsoil and small areas of soils that are sub- tler wheat is the principal crop. The predicted average ject to rare flooding. Id is 33 bushels per acre. If the crop is winterkilled, Typically the surface layer of this Nunn soil is brown ing wheat can be seeded. Generally precipitation is too loamy sand overburden about 9 inches thick. The subsoil for beneficial use of fertilizer, is dark to very dark grayish brown clay loam about 21 tubble mulch farming, striperopping, and minimum til- inches thick. The substratum to a depth of 60 inches is a are needed to control soil blowing and water erosion. loamy very fine sand, loamy sand, or sand. Sc0148 J.. j _ I / t 1N-r* _ -�r. 10, .7.../ ` . .. order. s `� V Z e Tan DEED. Made this I I th diver September te7j TILING STAMP .• between ' CARMACAR _CORP, b. ow 1 a corporation duly organised 1 ., and existing under and by virtue of the laws of the State of to l oredo ` 7 of the first part,and . 1 t-NARLES G. OLS0N and CAROLYN S. OLSON e of Om County of We I d ?:1 "r an?State of Colorado,of the second Davit "t _ 1\1 WITNESSETBt flat the said party of the_first part for and In con. 4 "e aldertion of the sum SIX THOUSAND FIVE HUNDRED AND NO/1-00 -N, DOLLARS, lir to it in hand paid by the said parties of the second part, the receipt whereof is-hereby eonfoassd and acknowledged, p _ 174 has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto in the said parties of the sscond_cart. not in tenancy In common but In Joint tananer, the survivor of them, their assigns N c. and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, !ring 0 ., and being In the County of Weld and State of Colorado. to wit. 0 o . Lot Eight (8) , Block Tour (it) , ', CARMACAR -RANCHETTES, ll2 !: w n+ a subdivision of a part of the East 1/2 of Section 5, ~j fm Township 1 North ofRange 68 West of the 6th P.M. , cJ7. '" Weld County, Colorado r_s , ; J. rc State Documentary Fee \,. SE-P 27 1973 Li Dote.._........._.__... ..._..._.-- r r '• • `r, TOGETHER with all_and singular the itereditamenta and appurtenances thereunto belonging, or in anywise ' appertaining and the reversion end reversions, remainder and remainders, rents, issues and profits thereof; and all y. the estate -right, title, Intent, claim and demand whatsoever of the said party of the first part, either In law or t equity of,in and to the above bargain premises, with the_beredltnmente and appurtenances, TO HAVE AND TO HOLD the said promises above bargained sad described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs aad mains of such survivor for. ever. And the said party of the first part, for itself, its Naessors and amine dose eovenant, grant, bargain and agree to and with the said parties of the second part, the sunlvor of them, their assigns and the heirs sad mans of such survivor, that at the time of the mauling and delivery of these prosente. It is well seised of the premise above conveyed, as of good, sun, perfect, absolute and indefeasible estate of inheritance. In law, in fee simple, and L.4,,: has good right. fall power and lawful authority to gent, bargain, sell end convey the same in manner and form aforesaid, and that the same are free and clear from all firmer and other grants, beanies. sales, liens Ss, as' sessmants and encumbrances of whatever kind or nature saver, except taxes ror the year 11/j and subsequent years. Subject to restrictions, reservations, easements and rights of way of record. This conveyance is subject to the protective covenants attached hereto. ( and the above barrelled premises, In the quiet and peaceable possession of the said paths of the second part, the survivor of them,their *alms and the help and assigns of such sunlvor, a lnet all and every paioq_oe persons lawfull claiming or to claim the whole or any part thereof, the sold party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,The said party of the first part has :mused Its corporate name to be,herennto sob. _scribed by its President and its corporate seal to be hereunto affixed, immulleNlep sera sR the day and year first above written. / ..........•..; . it / ' _..._ CARMACAR CORP, a Coign! Z i C ,A for" 1.•(.14. .c f Ey... .:/ • ' �. S , .'• . ii `i't.TAf4 ,co ORADO µ , nty:d mi.___ :PT 4 • .•r; •kprisstrum achnow I ere !Fa shit11 th ,lay et September - IIP - K. N. a..t..(.,, ._. N - PTYedfat a� 1 ye;'•..., - • __ of i XAtrMnCaR cogp eMrpontloa. My notarial commission expl fvl 11 V' 17t /f 7 7 -within my hand of 11n1�) "� Ne►ry ihmla.. I 1 ,_ a -No.M. wAalswTT DIRS.—Croft Corporals w IMal Tessa -PMrerd halals C.,, let4ra poet hest.Deemer.C.r.raee--e.fl • 900148 RUG 03 ''89 09:46 WELD COUNrr 1LD .E_riit IPGM, Jo, OECLARA1 .4 G °ROTECTIVE COVENANTS OF CAI AR ; CMETTES 1 . No tract shall be used except forward no business of any nature shall to conducted -on the _premises. No bul lding shall to erected, altered, pLaced or per- mitted to remain hp, any hot other than -one detached single family dwelling with necessary garage or outbuild Mgs. -All buildings shall =e of new construction. Necessary buildings, corrals, water -facilities and other structures for the purpose of keeping livestock for family recreation shall be permitted on a ny tract. Every effort shall be made to keep such structures attractive and painted end concealed from general view to the extent possible. 2. An- Architectural Control Committee for Carmacar Ranchettes is constituted. This tom- mitc:.e is composed of Lyle Carpenter, Mariann McAleer and K. H. tant-enbein. A majority of the committee may designate a representative to act for It. in the event o-f the death -or resignation of any member, the remaining members shell have full- authority to designate a successor. Neither the members of the committee, nor its -designated representative shall be entitled to any compensation of any kind for 447-001S performed pursuant to this covenant. 3. No building shall be erected, placed -or -altered on any residential tot Aintli the construc- tion _plans and specifications and a plan showing the location of the structure have been ap- proved by the Architectural Control Committee. In the event the committee or its designated -cpresentattve falls to approve or disapprove within 30 days after plans, specifications and plot plan have been submitted, approval will not be required and the related covenants shall be deemed to have been fully complied with. 4, -No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be allowed, except as otherwise permitted hereby, except during Construction periods, and no new dwelling shall be occupied in any manner _prior to its tom- pletion. 5, The _principal dwelling shall have a minimum fully enclosed ground area devoted to living purposes, -exclusive of porches, terraces and garage of 1200 square feet, except that -where the said principal dwelling Is a 1} or 2 story -dwelling, the minimum may be reduced to 900 square feet of ground floor area, provided that the total living area of the t-} or 2 story is not less than 14430 square feet. 6. No more than one residence will -be permitted on any lot. No building shall be located Ion eny lot nearer than 50 feet of the front lot line. 3. N all be sed, bred or kept or any posesoonananyltract`.eSThek or poultry ArchitecturalhControlrCiomittee s approval is _commercial is expressly required for the erection of buildings for livestock. 8. No portion of the _property shall be used or -maintained as a dumping ground for rubbish, trash, garbage, and other waste. -Trash, garbage and other waste shall be kept in sanitary containers. All equipment for -storage and disposal of such material shall be kept clean and sanitary. will be allowed. 9, Each dwelling shall be constructed with adequate off-street parking area for at least two automobiles. No parking shall be allowed within the road right of way. 10. An easement of 25 feet from each side of the center line of the Erie Coal t reek Irrigation Ditch is hereby reserved over Lots 1 to 9, Block 6, as shown on the plat. No fence, wall or other obstruction shall be constructed to obstruct the maintenance of the ditch or the em- ployees or agents of the ditch company. 1 ' Easements and rights of way as shown on the recorded plat are hereby reserved in this Subdivision for poles, wires, pipes and conduits for heating, lighting, -electricity, gas, telepurposes`stogether with. therright ofe rtch or ingressaand egress other uandc or regresssi atpanylc timeility for therpur- pose of further construction and repair. 12. The conditions, restrictions, agreements and covenants contained herein shall not be waived abandoned, terminated, or amended except by written consent of the owners of 75 percent of the land as the same be constituted according to records of the Clerk and Recorder of Weld County, Colorado. - - - 13. These covenants are to run with the_lend end shall be binding on all parties and all per- sons claiming under them for a -period of 20 years from the date these covenants are recorded, after which os of 10 years unless tanime instrument said nsigned byants lthe owns s be tof 75y percent eof the sland shas ebeen lrecorded agreeing to change said covenants In whole -or in part. 14. Enforcement -shall Ise by proceeding of law or in equity against any person or persons violating or attempting to violate the aforesaid provisions, restrictions and covenants, tithe _ to restrain violations or to recover damages, or both. • 15. Invalidation of any one of these restrictions by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect. 900148 I aCa 9/18/89 COPY OF NOTICE MAILED FIRST CLASS 50: BOARD OF LUUNTY COMMISSIONERS WEIR COUNTY COLORADO P. O. BOX -758 -GREELEY, COLORADO 80632 R. RUSSELL ANSDN, ATTORNEY AT LAW 1011 11TH AVENUE GREELEY, CO 80631 900148 Hello