HomeMy WebLinkAbout900563.tiff RESOLUTION
RE: APPROVE FINDINGS CONCERNING USE BY SPECIAL REVIEW PERMIT #634
ISSUED TO MORITZ E. AND SHEILA BAESSLER
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 , on June 27 , 1990, a hearing was held to Show Cause
for revocation of Use by Special Review Permit #634 , said Permit
being issued to Moritz E. and Sheila Baessler, and
WHEREAS, the issues considered at said hearing were as
follows:
1 . Whether or not the uses currently being conducted on the
site are in violation of Development Standard #4 , which states
that the accessor structure shall not be used as a permanent
residential dwelling unit.
2 . Whether or not the additional uses of the property are
material deviations from the plans, in violation of Development
Standard #8 , which states that material deviations shall require
the approval of an amendment to the Permit by the Weld County
Planning Commission and the Board of County Commissioners before
such changes are permitted.
WHEREAS, Moritz E. and Sheila Baessler, the Permit holders,
were present, and
WHEREAS, the Board heard all of the testimony offered
concerning this matter and, having been fully informed, did Find
that the burden of proof has been met as to violations of
Development Standards #4 and #8 , and
WHEREAS, pursuant to said Findings, the Board deems it
advisable that Use by Special Review Permit #634 be revoked, with
said revocation becoming effective on December 26, 1990 , if the
Permit holders are not in compliance by this date.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Board does hereby
Find that Moritz E. and Sheila Baessler, holders of Use by Special
Review Permit #634 , are in violation of Development Standards #4
and #8 .
Dkce4 J
900563
Page 2
RE : SHOW CAUSE - BAESSLER
BE IT FURTHER RESOLVED by the Board that Moritz E. and Sheila
Baessler be, and hereby are , granted until December 26 , 1990 , to
come into compliance with said Development Standards, and if not
in compliance by such date , this matter shall be referred to the
County Attorney to proceed with legal action concerning the
revocation of Use by Special Review Permit #634 .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
June, A.D. , 1990 .
r' :y, � BOARD OF COUNTY COMMISSIONERS
ATTEST: WEL OUNTY, COLORADO
Weld County Clerk and Recorder fra K AYE
and Clerk to the Board ene R. Brantner, Chairman
l I _ L . NAY
c_-. l e cz>c , George ennedy, Proem
Deputy County Clerk
APPROVED AS TO FORM: Constance L. HaYbert
AYE
C.W. Kir� !/
6�\ / / (L�/Ixia-
. cu County At{orney AYE
Go
900563
HEARING CERTI₹'ICATION
DOCKET NO. 89-66
RE: SHOW CAUSE HEARING - BAESSLER
A public hearing was conducted on June 27, 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, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
-Planning Department representative, Keith Schuett
-The following business was transacted:
I hereby certify that pursuant to a notice dated June 21, 1989, and
duly published June 14, 1990, in The New News, a public hearing was
conducted to consider revocation of Use by Special Review #634, issued
to Moritz E. and Sheila Baessler. Lee Morrison, Assistant County
Attorney, made this matter of record. Mr. Morrison said the issues are
whether Moritz and Sheila Baessler are in violation of Development
Standard #4, which states that the accessory structure shall not be
used as a permanent residential dwelling unit, and Development Standard
#8, which states that material deviations shall require the approval of
an amendment to the Permit by the Weld County Planning Commission and
the Board of County Commissioners before such changes are permitted.
The Probable Cause Hearing was held on June 21, 1989, and the Show
Cause hearing was set for today, June 27, 1990. Keith Schuett,
representing the Department of Planning Services, said an inspection on
June 20, 1990, found that the property is still not in compliance.
Moritz and Sheila Baessler, the permit holders, came forward to answer
questions of the Board. Commissioner Lacy said he has been informed
that two complaints have been received by the association. Mrs.
Baessler said, to her knowledge, there is no association where they
live. Mr. Baessler explained the progress which has been made, but he
said more time is needed to complete the work needed before they can
move into the house. Following discussion, Commissioner Lacy moved to
allow Moritz and Sheila Baessler until December 26, 1990, to complete
the necessary work for occupancy of the home, and if not completed by
said date, this matter will be referred to the County Attorney to
proceed with appropriate legal action, without coming before the Board
again. The motion was seconded by Commissioner Kirby, and it carried
unanimously.
900562
Page 2
RE: SHOW CAUSE -HEARING - BAESSLER
This Certification was approved on the 2nd day of Uuly, 1990.
-APPROVED:
a
,z Or/ , BOARD F COUNTY COMMISSIONERS
ATTEST: If
`,;° �� ,J/F WELD UNTY, COLO O
� (/t AV/
Weld County Clerk to the Board
Gene R. Brantner, Chairman
(----
)1 ‘41-c--e--"dfre- /Ill_
Geo ge Ken edy, Pro-Tem / - (La
RX: `l)'t-X71-<-e <-ai.�_, / //
onstance L. Harb_er
C.W. Kir
Gord c
900562
STATE f:j1: , ,.: 3
< . L
._.._.,,,. ..., r.,,....t-..isr: 1
...c, . _ d D. Reynolds, being duly sworn ,
says that he ...v l.;lY bl itshe r r:f the New
Nev e:, a weekly newspaper publ?.._ihed
ie 1';F.• ;? espju rg in said County and
:.. ..,�.. that NOTICE
,._ ,..e:: ...f. „ :t:at. SE:;i;::f newspaper has ;_
->y �at the
general circulation in 7 s t u d C o u i t y Sta�lOrarand the Weld
County Zo r Ordinance, a public
ar d hE s been continuously c`:tnd l�ar{ug wilt be held m the
.Cumbers of the_Board of County
!._t n i r l t e:;�r r-LA p_t�d 1.`f p:r LA fa 1.i=-I•i e d t h i'i Ir'e:°i.n , Ceannissioners of weld County,
Colorado, Weld Count Centennial
during a period of at least ter, nits tom sheet, iqg
�r, Greeley, Colorado at the
fifty—two consecutive weeks prior to tkme specified.mil persons in any
. Manner interested m the matter
t h ea first publication of the annexed requested to attend and may
be heard
notice; that said newspaper is a Should any interested party-desire
the presence of a court reporter to
newspaper within t:h e meaning of the make a record of the proceedings
in addition to the taped record
a c:t of t.h e CG e n e r a l Ass era fit b l y 10 f t h F:�� which -will be kept during tlfe
hearing, the Clerk to the Board s
State of Colorado, entitled "An Act office shall be advised in4rritmg
of such action at least five days
to regulate t t:e printing of legal prior to the hearing. The coat of
mead=a court reporter shall be
i-ot.if:'frs and advertisements, " and borne 4Y-thereaueatng
BE IT ALSO KNOWN that the
aIiiendm£.nts thereto; t.hat the notice test and maps may be examined
in the office of the Clerk to the
of w h.i.e h t: h e annexed !"s a printed Board of County Commissioners,
located in the Weld County
copy taken from said newspaper, tad a s Centennial Center,815 10th Street,
Third Floor Greeley,Colorado.
published in said newspaper, and in DOCKET Nb.89-88
6fecttz f and Sheila �aea key':
t~h e� regular <t I';d entire issue of
7eo5 Holman Court, GreeieY,
lorado eoea4.
every F-tLATsI.'er' thereof ,, once alevc r'r ATE: June 27 1990
Cl��r week for weeks; t. 10:00A.1V[.
�__.�_ that t. said
.1 d UEST: Hearing to SHOW
CAUSE for-revocation of Use by
notice was so published in said ��la 1 Rem No. 834,Jsaued to
l[oeit IE.and Shells Baessler
newspaper proper and of in any LEGAL DESCRIPTION: Lot 17,
supplement thereof , Sonny View Estates, First Filing,
and fi that t. the Weld County.Colorado
ISSUES: 1. Whether or not the
first publication of said notice as uses currently-being conducted on
the site are in violation of
aforesaid , was or the Development Standard No. 4,
which states that the accessory
structure shall not be used as a
uu permanent -residential dwelling
1_._1..._ d 4a y of e 1990, unit.
2. Whether or not the additional
and the last C.. � the =si of the property ar p�rill
atitans from the
violation of Development Standard
L`` No. 8 which states that material
:���.'y` Z f t•.+ i`:'90. deviations shall require -the
......_.,...__...__. approval of an amendment to
the
Permit by the -Weld County
Commission and the
`� r...‘19
Planning County Commissioners
before such changes are
_... ....� _..... _....._._._.............._.__._ permitted.
__.....�. ....... __._._ ..V BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY COLORADO
Subscribed and swor'n to C<efore me BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND
/'1 , RECOgRDERR AND
gTHE CL BOARD
t.h 2.: C 1/' d ayt of f , .i''19 1. DATED: June 31,1980 ,�puty___. EUBLISHED: June 14, 1990, in
The New News
_..._..._._.._ .y....,_ ._/_.4.L..-4.-- ....._._....._.__._.__.
NC)t ary Public
ily ,:_omm:i. i_r..-Jn ex p?i..reS: 3 -./_.5-- yd._
9C05V-3
NOT -ICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a publi-c hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Wead County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. Aa1 persons in any manner interested in the matter are re-questsd
to attend and may be heard.
Should -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 pricer to the hearing. The -cost of
engaging a _court reporter shall he borne by the requesting _party.
BE IT ALSO KNOWN that the text and maps may be Examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld County
Centennial Center, 91-5 10th Street, Third Floor, Greeley, Colorado.
DOCKET NO. .99-66 Moritz E. and -Sheila Baessler
3505 Holman Court
Greeley, Colorado 80634
DATE: Tune 27, 199-0
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUS£ for revo-cation of _Use by Special -Review
#634, issued to Moritz T. and Sheila Baessler
LEGAL DE-SCRIPTION: Lot 1-7, Sonny View Estates, First Filing, Weld County,
Colorado
ISSUES: 1. Whether or not the uses currently being conducted on the site
are in violation of Development Standard #4, which states
that the accessory structure shall not be used as a permanent
resi-dential dwelling unit.
2. Whether or not the additional uses of the property are
material deviations from the plans, in violation of
Development Standard #8, which states that material
deviations shall require the approval of an amendment to the
PErmirt by the Weld County Planning Commission and the Board
of County Commissioners before such changes are permitted.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, _COLORADO
BY: MARY ANN TEUERSTEIN
COUNTY CLERK AND -RECORDER
AND CLERK TO THE -BOARD
BY: Mary -Reiff, Deputy
DATED: June 21, 1989
PUBLISHED: June 14, 1-490, in The New News
900563
SHOW CAUSE
DATE: June 27, 1990
CASE UZCH-49
USR-634
NAME: Moritz E. and Shelia Baessler
ADDRESS: 3505 Holman Court
Greeley, CO 80634
LEGAL DESCRIPTION: Lot 17, Sonny View Estates, First Filing, Weld County,
Colorado
It is the opinion of the Department of Planning Services' staff that the
following standards as approved for Case Number USR-634 are not in
compliance.
Development Standard 114 states:
4. The accessory structure shall not be used as a permanent
residential dwelling unit.
The Zoning Ordinance defines temporary as being less than 6
months. The accessory structure has -been constructed and is _being
lived in on a permanent basis.
Development Standard 118 states:
8. The Use by Special Review area shall be limited to the plans
shown hereon and governed by the standards as stated above
and all applicable Weld County Regulations. Any material
deviations from _the plans and/or standards as shown or stated
above shall require the approval of an amendment of the
permit by the Weld County Planning Commission and the Board
of County Commissioners befor-e such changes from the plan
and/or standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
The uses of the property have not been limited to the plan's
approval and no amendments to the Special Review permit have been
approved.
Development Standard 119 states"
9. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated
standards. Noncompliance with any to the above stated
standards may be reason for -revocation of the permit by the
Board of County Commissioners.
The -owners of the property have not complied with all approved standards.
Standards U4, 8, and 9 are sot in Compliance. 90®563
INTERNAL CASE MEMORANDUM
T0: Rod Allison FROM: William R. Roberts
NAME: Ted & Sheila Baessler
LEGAL DESCRIPTION OF PROPERTY: Lot 17, _Sonny View Estates
DATE: June 20, 1990
CASE NUMBER: BP-35385
I inspected the house to _check progress. They have just finished the
drywall and texture. They have scheduled to have the painting done and
start -with electrical and plumbing trim as well as doom and trim. They are
still living in the garage.
900563
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