HomeMy WebLinkAbout920403.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT
#955 - ROD AND JAN STAUDINGER
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 May 6, 1992, a Probable Cause Hearing was held before the Board
to consider setting a Show Cause Hearing to determine whether or not Rod and Jan
Staudinger were in compliance with certain Conditions of Approval and Development
Standards contained in Special Review Permit #955, and
WHEREAS, the alleged violations were said to be occurring on property
described as part of the SE* of Section 18, Township 6 North, Range 64 West of
the 6th P.M. , Weld County, Colorado, and
WHEREAS, the Board, after hearing testimony from all interested parties,
deems it advisable to find that no amendment is necessary to Special Review
Permit #955, although all other permits shall be applied for as required.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that there is no amendment necessary to Special Review Permit
#955, although all necessary permits shall be applied for as required.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 6th day of May, A.D. , 1992.
R.. BOAR OF TY ATTEST: �IIJFGLl WELDDCOUNTY,JNCOLORADOSSIONERS
Weld County Clerk to the Board
Geo e Ke edy, ZTiairman
BY: kji t / 1 KXXll/L) C Z/tNZeQ� � r
Deputy Cl k to the Board Constance L. Harbert, l�t"ii
� em
APPROVED AS 0 FORM:
C. W. Kir y
ounty Attorney Gord acy
W. H. Web ter
PL0856
920403
PC oR�`Lv cc - ��i del
PROBABLE CAUSE
DATE: May 6, 1992
CASE NUMBER: ZCH-88
USR NUMBER: USR-955
PROPERTY OWNER: Rod and Jan Staudinger
24507 Highway 392
Greeley, CO 80631
LEGAL DESCRIPTION OF PROPERTY: Part of the SE4 of Section 18, T6N, R64W of
the 6th P.M. , Weld County, Colorado.
LOCATION OF PROPERTY: North of Highway 392 and approximately 1/2 mile east of
Weld County Road 49.
It is the opinion of the Department of Planning Services' staff that the property
is not in compliance with the following development standards approved for USR-
955:
1. The Site Specific Development Plan and Special Review Permit is for a
recreational facility (roping arena) in the A (Agricultural) zone District
as submitted in the application materials on file in the Department of
Planning Services and subject to the Development Standards stated herein.
16. 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.
17. 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.
Inspection of the property on February 24, 1992, showed that the property owner
has moved a 24' x 36' mobile home on the property without filing the changes with
the Department of Planning Services staff and without the proper zoning and
building permits.
Based upon the above information, the Department of Planning Services' staff
recommends that the Board of County Commissioners schedule a "Show Cause" public
hearing on May 20, 1992, to consider revocation of USR-955.
920403
DATE: May 6, 1992
VIOLATION NUMBER: ZCH-88
NAME: Rod and Jan Staudinger
ADDRESS: 24507 Highway 392
Greeley, CO 80631
LEGAL DESCRIPTION: Part of SW4 SE4 of Section 18, T6N, R64W of the 6th P.M. ,
Weld County, Colorado.
CASE SUMMARY
February 19, 1992 - Phone call from Rod Staudinger indicating that he would be
moving a mobile home on the property.
February 21, 1992 - Staff received a complaint from a surrounding property
owner.
February 24, 1992 - The property was inspected. The mobile home was on the
property at this time.
February 26, 1992 - Letter submitted by Mr. Staudinger.
February 27, 1992 - Staff sent a letter to Mr. Staudinger to notify him that the
mobile home is considered a major change.
cif010 , DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000.EXT.4400
1915 10th STREET
GREELEY,COLORADO 80631
111 C.
COLORADO
March 18, 1992
Rod and Jan Staudinger
24507 Highway 392
Greeley, CO 80631
Subject: ZCH-88
Dear Mr. Staudinger:
An on-site inspection of your property was conducted on February 24, 1992 , to
determine if the Development Standards placed on your property at the time USR-
955 was approved by the Board of County Commissioners are in compliance. The
inspection revealed violations of Development Standards q%l , 16 , and 17 . A copy
of these items from the approved resolution are enclosed.
The Use by Special Review area must be brought into compliance with the
Development Standards within 30 days from the date of this letter. Noncompliance
will result in our office scheduling a Probable Cause Hearing before the Board
of County Commissioners . If the Board determines there is sufficient probable
cause to warrant further action, a Show Cause Hearing will be scheduled to
consider revocation of the Use by Special Review permit.
If you have information that may clear up this matter, please call or write .
Sincerely,
Brian A. Grubb
Current Planner
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enclosures
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74 Board of County Commissioners March 5 , 199$
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Grubb, Current Planner
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i;VLO p[�RAj`��O From
USR-95$•
Subject
The attached documents are a request from Rod Staudinger to place a mobile home
on his property at 24507 Highway 392. The mobile home is to be used as an
announcing booth for the roping arena and for storage.
On approximately February 19, 1992, Mr. Staudinger called me and indicated that
he was going to move a mobile home onto the property for use as a storage shed.
I told Mr. Staudinger that since the use of the property is regulated by a
Special Review permit, he would need to submit his request to the Department of
Planning Services' staff in writing.
On February 21, 1992, I received a complaint from a surrounding property owner
regarding the mobile home. This property owner felt that any expansion of the
permitted use would cause additional conflicts and that this mobile home incident
is an example of Mr. Staudingers disregard for County Regulations. On February
24, I inspected the property and observed that the mobile home was already on
site. At that time I informed Mrs. Staudinger that Mr. Staudinger needed to
submit a letter as soon as possible.
On February 25, Mr. Staudinger submitted a request in writing. On the afternoon
of the 25th, he asked if a letter signed by all of the surrounding property
owners would make a difference. I told him that the staff would consider it
along with his request.
On February 26, Mr. Staudinger submitted a letter signed by several people. When
the letter was submitted he indicated that it contained all of the signatures of
the adjacent property owners. After researching the area, I determined that only
one signature of an adjacent property owner is on the letter. The rest of the
signatures are from property owners in the area but not adjacent to the subject
property. Please refer to the attached map and letter.
On February 27, 1992 I sent Mr. Staudinger a letter stating that the staff
considers the addition of a 24' x 36' mobile home for storage purposes to be a
major change to the approved plans and that an amendment to the existing Special
Review permit will be necessary.
One surrounding property owner objected to the issuance of the Special Review
permit at the Planning Commission hearing and another property owner expressed
concerns at the hearing conducted by the Board.
The staff requests that the Board review the submitted materials and determine
if Mr. Staudinger should be required to amend his Special Use permit.
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February 25 , 1992
We , Rod and Jan Staudinger 24507 HWY 392 have recently
been approved by Weld County Commissioners and Planning Board
for a Special Use Permit # USR955 for our arena .
After the permit was issued we moved a 24x36 mobile home
in , which is located on the east side of the arena .
It is our intention to use this building for an announcers
stand to time events and for storage . It will be skirted , , . ed
down and blocked according to Weld County Codes . It is not and
will not be used as living quarters .
It has always been our desire to provide a facility for the
community were children and adults alike can participate in horse
related activities .
If you have no problem with the arena or building please
sign your support below.
DATE NAME ADDRESS
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DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
915 10th STREET
' - GREELEY,COLORADO 80631
COLORADO
February 27 , 1992
Rod Staudinger
24507 Highway 392
Greeley, CO 80631
Subject: Changes to USR-955
Dear Mr. Staudinger:
Thank you for the letters you submitted to our office on February 25, and
February 26 , 1992. The staff has reviewed your proposal to place a 24' x 36'
mobile home on the property for use as an announcing booth, office, and storage.
Based on the information submitted, the staff has determined that your proposal
constitutes a major change to the original plans and development standards. An
amendment to the permit will be required prior to placing the mobile home on the
property.
Since the property is located in the floodplain, a Flood Hazard Development
permit will also be necessary prior to placing the mobile home on the property.
If you have any further questions please call our office.
Sincerely,
L••••
•
Brian A. Grubb
Current Planner
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'z.PARTMEI:T OF PLANNING SERVICES •
COMPLAINT REPCRT
S. Zoning Complaint Complaint Initiated by:
❑ Building Code Complaint 0 Staff \Q Citizen ❑ Other
COMPLAINT RECEIVED BY 'e:21\61. DATE: 2__t r 7,7z_.
LEGAL DESCRIPTION: .r 4. ' , - r.,,-- G 4--
VIOLATION ADDRESS: 7-4}-50 4- (,l r.3'r -t2 !:..1zaty gr:?co 1
Parcel *f=Poj I$c.w ac. 1. 3 ATTACH COPY OF DEED no o 1" 4-4-o Cr)8
Property owner's name: Izap 1 ,JL1nl "1 t% INIC E:r{{ Tel. No.
Procerty owner' s address: Z Ll••�jt,1•. H voy
Tenant' s name and mailing address: .
NATURE OF COMPLAINT:
A
ZONING COMPLAINT REFERRED TO: DATE:
t
BUILDING CODE COMPLAINT REFERRED TO: DATE:
CASE ASSIGNED TO: DATE:
ACTION OF INVESTIGATOR •
Date(s) of Inspection: 2/-7A-I 9
Inspection of property indicates: -
❑ no violation of the Weld County 0 Zoning 0 Building Code Ordinance.
referred to: on
0 no violation of the Weld County 0 zoning o Building Code Ordinance.
violations of the following sections of the Zoning 0 Building
L de Ordinance:
.z4, r , 3
ACTION ON COMPLAINT: 0 No Action taken/no violation 0 Violation File Started
Date: Date:
CASE REVIEWED DY SUPERVISOR DATE:
SUPERVISOR'S CO?•NENTS
C. eiz- z
NOTE: Attach all pertinent information and facts C:iscicsed by 0201..2.3
investigation to this form.
AR2044066 B 1104 . 02044068 02/25/86 09:04 $3. 1/001
F 0564 MARY ANN FEUERSTEIN CLERK 6 RECORDER y...iaD CO, CO
cam-` arrazjty`Deed S
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THIS DEED is a con.twines of the real property deecri jd bb? including any improvements and other appurtenances(the
"property")from the individuel(s),corporation(s).artnersinp(s).or other entity(iesl named below as GRANTOR to the I ndivi duel(,)
or emity(ies)named below as GRANTEE.
The GRANTOR hereby 50115 and conveys the property to the GRANTEE and the GRANTOR warrants the title to the properly.
•
except(or(1)the ban of the general property taxes for the year of this deed,which the GRANTEE will Rey(2)any easements and
rlghtsOl•way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral Interests shown of record(5)
any protective covenants and restrictions shown 0f record,and(6)sew additional matters Shown below under"Additional Warranty
Exceptions'.
The Specific Terms of This Deed Are;
Grantor use naming aro plecels)al Mdence:if the spouse of the owiunpramor is Joining in this Deed le Minn homasteed nerds.identify
grantors as husband and wife.)
UNION COLONY BANK
Grantee: (Gore mumps)and aaresswsl:statement of address including available toed or street number.Is required.%
ROD L. STAUDINGER AND JAN STAUDINGER• "( ,
24507 11WY 392 GREELEY COLORADO 80631
perm of Co.Ownerehlp: Ill there are two of more grantees named,they win be considered to take a tenants M Common unless lha words'9n
Jam tenancy or words of the same meaning ere added in he mace Mbw.)
JOINT TENANTS ...
Property Description: (Include county and slate
Lot "A" of Recorded Exemption No. 0801-18-3-RE 332, recorded August 24, 1978 in '
.•- Book 843 as Reception No. 1764509, Weld County Records, being a part of the SE
1/4 of Section 18, Township 6 North, Range 64 West of the 6th P.M., Weld County,
Colorado.
l Starep�urrtentOry Fite
C P40 Dote Zd ifto iy`
15� --_
24507 HWY. 392 ,'
Property Address: GREELEY COLORADO 80631 !
Consideration: (the Statement of dollar amount s(ptioner adenuele consderelmnl«Ibis deed will presumed unless this conveyance is -
idenihed as a gig in any Case this conveyance is absolute final and unconditional.) :
SEVENTY FIVE THOUSAND AND 00/100 1! 1 .
RHNNallone•RestdCllons: Ill the GRANTOR intends to rewire any merest In the property Of to Wnvsy less then Mown..or lithe GRANTOR
restr
icting restricting the GRANTEE'S right in the property make appropriate indication I
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IAdditional Warranty Eacepllone: (Include deeds of twal being Haunted and other mallets net Miredabet)eabet)
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• FEBic:_1RY 21, 1986
Executed by Ins Grantor on .$9 — .
slgMwe clause to.corporallen.pMnenNp or Assodetlan: st issture Clause fir lndMduat(at '.
'(T of Grantee tbrporeti .Partnership or Association UNION COLONY BANK — Grantor
• ay 'j'Zilt.W. I` • y�,7
LJ W. Devi .age Ytesidenc oemot
till tl l 0 Alan L. errd, Secretary 710D yp a,m« -
y . dd
a SVNr F ITDI,;p�eC O 1 'O 21w5 a re a r
4• v oSJNrtno 1 21st PEBSU n, / ,
s Tt�.lore"ns ant:umenl was acknowledged before me time day of E tg
$ = to 'I�/b'LOt4 •n
•! ey• IOIE'COLONY BANK BY JAMES W. DAVIES, VICE PRESIDENT - d/['i
'••w5T1!): my bend end Official seal. (�it/9' Q V./M�TN.+,' }�(Q .�• :. i
type bnM sego: 14Y 4y IpWy`vv---)))Puesp o .
STATE or Colo. OCTOBER 21, 1989 ) e,_ •i e''
COUNTY OF Weld ) 10:y...160'.
The foregoing instrument was acknowledged Ware me mix 21st 1221 8TH AMEN, GRE g�'����O0., 86
Mar$ .,
ay• Alan L. Lord, Secretary of Union Colony Bank ;^wNQ f.��•�,''•��y��� ;� m
name individual Grentornl or if Grantor isc«poranon,Partnershipo.Aeeeplatlon.tnenleentllyafensnwpreeleeiC de fgpem.ererteetiy,«,.
assistant Sec's ary al co•so•ation:or es wnner(s)of penrenn p:or as suetorued memnbegq el//aaacltion.I _ $. 4,q ll Cr :if) '
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v WITNESS my hand and official seal.
My commleann expires:
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DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
915 10th STREET
119
GREELEY,COLORADO 80631
COLORADO
TO: SURROUNDING PROPERTY OWNERS
Subject: ZCH - 88
NAME: Rod and Jan Staudinger
FOR: A Site Specific Development Plan and a Special Review permit for a
recreational facility (roping arena) in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Part of the SE4 of Section 18, T6N, R64W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 5-1/2 miles east of the unincorporated Town of Lucerne;
north of Highway 392 and 1/2 mile east of Weld County Road 49.
A Probable Cause Public Hearing is scheduled before the Weld County Board of
County Commissioners on Wednesday, May 6, 1992, at 9:00 a.m. in the County
Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th
Street, Greeley, Colorado.
The purpose of this public hearing will be to review USR-955 for compliance with
the Development Standards as approved by the Board of County Commissioners on
January 8, 1992, to determine if probable cause exists to hold a hearing on
revocation of the permit.
You are receiving this notification because your property is within five-hundred
(500) feet of the property being reviewed. All persons in any manner interested
are requested to attend and may give testimony pertaining to and the uses
occurring on the approved site. For additional information write or telephone,
Brian A. Grubb, Current Planner.
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the
surrounding property owners and owners and lessees of minerals in
accordance with the notification requirements of Weld County in Case Number
ZCH-88 for Rod and Jan Staudinger in the United States Mail, postage
prepaid First Class Mail by letter as addressed on the attached list.
this 23rd day of April, 1992.
Oro � �.:;
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE MINERAL OWNERS
Rod and Jan Staudinger
ZCH-88
Colleen Staudinger
24260 Highway 392
Greeley, CO 80631
Wilber Quick
24582 Highway 392
Greeley, CO 80631
Pam Quick
24582 Highway 392
Greeley, CO 80631
Dianne Bruder
24676 Highway 392
Greeley, CO 80631
Douglas and Kimberlie Derr
33059 Weld County Road 51
Greeley, CO 80631
Lorae Blum
24205 Highway 392
Greeley, CO 80631
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April 30, 1992 /uq
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Department of Planning Services Y� Vtlyp,
ATTN. : Brian A. Grubb Canby
915 10th Street
Greeley, Colorado 80631
RE: ZCH-88 - Rod and Jan Staudinger
Mr. Grubb:
We are writing in response to the recent letter that you sent to surrounding
property owners of the Staudinger Arena. My family and I are in full support
of the arena located a 1/4 of a mile west of our home.
As we understand, you are questioning the replacement of the previous office
placed to the east of the arena, with a larger office. Granted, this office
is of the making of a mobile home, but considering it is not set-up
permanently or plumbed for water, we hardly believe that it is actually being
considered another dwelling, but is in fact a replacement of the entry office.
As far as the revocation of his permit, we feel that this would be a grave
casualty for the horse community. The Staudingers are giving opportunities
to the youth, adults, families and individuals to take advantage of the hard
work and expense that they have put into their arena. We also know that Rod
and Jan have done everything within their power to comply with the
stipulations that you have set-forth in order to maintain the permit.
If you have any further questions or comments, please feel free to contact
myself or my family at any time.
Respectfully,
&ttipiS L . 9e/ft_/a:
Douglas & Kimberlee Derr and Family
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