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Home My WebLink About940817.tiff RESOLUTION RE: GRANT MANUFACTURED HOME ZONING PERMIT #169 - STOPPEL 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 of Weld County, Colorado, on the 31st day of August, 1994, considered the request of Dwight and Lana Stoppel, 2800 W. 116th Place #105, Westminster, Colorado 80234, for a manufactured home to be used as a principal dwelling, and WHEREAS, said manufactured home is to be occupied in an A (Agricultural) Zone District on a parcel of land being more particularly described as follows: Lot 7, Martin Brothers Planned Unit Development, Weld County, Colorado WHEREAS, the Board of County Commissioners, having heard the testimony of those present, finds that said request should be granted subject to the following conditions: 1. The applicant shall obtain a building permit for the manufactured home prior to locating the manufactured home on the property. 2. Prior to occupancy of the manufactured home, the manufactured home shall be connected to an approved septic system and a legal water supply. 3. The manufactured home shall not be occupied until such time that the applicant has complied with Conditions 1 and 2 above. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Dwight and Lana Stoppel for permission to place a manufactured home to be used as a principal dwelling on the above described parcel of land, which was found to be in compliance with Section 46 of the Weld County Zoning Ordinance be, and hereby is, granted subject to the hereinabove listed conditions. 940817 : /'t <�7O P,'E` RE: MHZP #169 - STOPPEL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D. , 1994. ATTEST: /0111444 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board W H. titi?YYebs er, ha' r an BY:440A 4 �\ ,Hall Deputy Cle k to the,B2ard Dare Hall, Pr/o- �m APPRO AS TO FORM: - /J /C`-,, ed„9„ve/E. Baxter 6 7/1,09 County At o ey. t"v'- -Constance L. Harbert arbara J. Kirkmey r 940817 To: Board of County Commissioners Date: August 31, 1994 MHZP-169 Applicant: Dwight and Lana Stoppel This request is for a manufactured home to be used as a Principal Dwelling. Legal Description of Parcel: Lot 7, Martin Brothers Planned Unit Development, Weld County, Colorado. Location: Approximately 3 miles north of Lochbuie. The Department of Planning Services staff has reviewed this request and recommends that the request be for the following reasons: WILL WILL NOT X Be compatible with the Weld County Comprehensive Plan. X Be compatible with the surrounding area. X Be in harmony with the character of the neighborhood. X Adversely affect the immediate area. X Be adequately served by water and sewage disposal facilities. X Adversely affect the general health, safety, and welfare of the inhabitants of the area and the County. COMMENTS: Our office has received four inquiries from surrounding property owners about this application. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant obtaining a building permit for the manufactured home prior to locating the manufactured home on the property. 2. Prior to occupancy of the manufactured home, the manufactured home shall be connected to an approved septic system and a legal water supply. 3. The manufactured home shall not be occupied until such time that the applicant has complied with Conditions 1 and 2 above. August 31, 1994 Chuck Cunliffe, Director Date 940817 INTERNAL CASE MEMORANDUM TO: Case File FROM: Chuck Cunliffe, Director NAME: Dwight and Lana Stoppel LEGAL DESCRIPTION OF PROPERTY: Lot 7, Martin Brothers Planned Unit Development, Weld County, Colorado. DATE: August 29, 1994 CASE NUMBER: MHZP-169 I returned David Ellis's telephone call (303) 299-8900. He had questions concerning the Stoppel's application. His questions focused on the responsibility of the homeowner's association and whether or not they could amend the covenants to restrict manufactured housing in the future. I indicated that the County did not presently enforce covenants within subdivisions and that his question was really a legal issue that should be directed to an attorney. He had concerns whether or not the approval of this application would set a precedent within the subdivision for future manufactured homes. I reviewed the criteria that is in the Zoning Ordinance concerning the approval of manufactured homes as principal dwellings. We talked about compatibility with the surrounding area and whether or not the manufactured home would be in harmony with the character of the neighborhood. I encouraged him and any of the other neighbors to be present at the hearing on Wednesday where he could voice his concerns or ask questions and then listen to the response from the applicant. He indicated that he would probably attend the hearing on Wednesday. -INTERNAL CASE MEMORANDUM TO: Case File FROM: Chuck Cunliffe, Director NAME: Dwight and Lana Stoppel LEGAL DESCRIPTION OF PROPERTY: Lot 7, Martin Brothers Planned Unit Development, Weld County, Colorado. DATE: August 29, 1994 EASE NUMBER: MHZP-169 Mr. John Pfister telephoned. He had questions concerning the Stoppel's application. Mr. Pfister indicated that he had met with the applicants over the weekend to discuss the application. He had concerns about the covenants within the subdivision and how they related to the proposed manufactured home. He had questions about the differences between the Uniform Building Code and the HUD Code. I encouraged him to be present at the hearing on August 31, 1994, and indicated that a representative from the Weld County Building Inspection Department would be present at the hearing to address his questions and concerns about the two different building codes. 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Mark boxes where applicable APPLICANT „wt. + Lank (�St'DPP E L PHONE 238 ADDRESS asoo (JO . 11_4s Place. # is S 4-110110/5 OWNER • ,' 'w �p /� �j/� - DRESS Mtthv tv,S1tr t V1/ , go O►� CITY - STATE- ZIP LOT 7 BLOCKSUBDIVISION Martin Pro s LEGAL DESCRIPTIONA Section , T N, R W. Total Acreage v Application for zoning permit is made for: Staff Approval Board of County Commissioners Approval ❑ Temporary Use During 0 Use Beyond 18 months During Construction of a residence Construction of a residence ❑ Temporary Storage 0 Extension Beyond 6 months for Temporary Storage O More than one MH as Accessory to Farm O More than one MH as Accessory Use as an Office J 1 Aw 0 More than one MH as Accessory Use in C _ 1anp1ng or I Zone District Rp1'1coo _0 Temporary Use during Medical Hardship -0 Accessory Structure Principal Dwelling The above requires an The above requires an application fee of application fee of $180.00 $210.00 TYPE OF SEWAGE DISPOSAL TYPE OF WATER SUPPLY ❑ Public or private company: 0 Public or private company: )( Septic Tank - Permit #/ 94D3S) )( Individual (well, cistern) Copy attached: Yes )( No 0 Well Permit # i1lat)s Copy attached: Yes 3d No 0 DEPARTMENT OF PLANNING SERVICES USE ONLY ZONING DISTRICT pub ZONING PERMITNUMBERW144V9 2 'FEE� a39r 8/5 /i� APPLICATION FEE RECEIPT NUMB DATECHAINDEX APPROVED BY: ❑ Staff 0 Board of County Hearing Date: q Commissioners ISSUED BY: DATE: MANUFACTURED HOME BUILDING PERMIT NUMBER _DATE ISSUED: A sketch plan is required as part of the application review. Please attach a sketch plan of the site at the scale of one inch represents fifty feet or other suitable scale to show the proposed location of the manufactured home, including -distances from the property lines and other structures on the property; location and measurements of any easements or right-of-ways; and exiting structures on the property. Sketch Plan attached: Yes )( No 0 Deed or contract attached: Yes * No 0 What housing u g is available on the property and what is its present use? tE How many manufactured homes are on the property at the present time? O TEMPORARY USE DURING CONSTRUCTION OF A RESIDENCE Building Permit Number Date Building Permit Issued Zoning Permit Valid for 6 months from date of issue. Zoning permit issued Valid from to RENEWALS: -FIRST - From to Fee: Reviewed and Approved SECOND - From to Tee: Reviewed and Approved ACCESSORY FARM USE Type of commercial or industrial activity on property: Number of Livestock Average number per year Acres Irrigated Acres Dryland Acres Pasture Number of employees now employed: Full time: Part time ACCESSORY USE IN C OR I ZONE DISTRICT Type of commercial or industrial activity on property: Number of employees: Full Time: Part time: Manufactured home will" �I Il be used for: SIGNATURE OF APPLICANT�VI S J APPLICATION DATE g-z -94 -BUILDING PERMITS ARE REQUIRED FOR ALL MANUFACTURED HOMES IN ADDITION TO THE ZONING PERMIT FOR MANUFACTURED HOMES. THE BUILDING PERMIT MAY BE OBTAINED FROM SHE BUILDING INSPECTION DIVISION, WELD COUNTY ADMINISTRATIVE OFFICES, 1400 N. 17TH AVENUE, GREELEY, COLORADO 80631, PHONE 353-6100, EXT. 3525, AFTER APPROVAL _OF THE ZONING PERMIT. Thb Pte.-- - Diu o -FLuo t -I-o la, was O cL p vs Cxu- a h r cep 482 , 00' /O' trr IL , d r.241l. ¢5MT I � . o 8 „icoD ao 42.1' 3ca¢ a� °. `V C.ARizA es fi28< 135 * �V ►1I gi I( 1O'in-IL. ES rM'C V� ZO U Z05-SO pi CLAZAIFESr D J C ora. . \,clams DEckC I s 3U X ( C Cup' L-r!= ) Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVES .V OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Coloradot0203 (303)-866-3581 403 WELL PERMIT NUMBER 179265 - -_ -APPLICANT DIV. 1 CNTY. E2 WD 2 DES. BASIN MD Lot:7 Block: Filing: Subdiv: MARTIN ESTATES APPROVED WELL LOCATION WELD COUNTY DWIGHT STOPPEL NW 1/4 SE 1/4 Section 12 2800 W 116TH PL APT 105 Twp 1 N -RANGE 66 W 6th P.M. WESTMINSTER CO 80234 DISTANCES FROM SECTION LINES ( 303)438-8382 1800 Ft. from South Section Line PERMIT TO CONSTRUCT A WELL 2290 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another _owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall-be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37--22-602(3)(b)(I) and policy of the State Engineer under the following conditions. 4) The use of ground water from this well is limited to-ordinary household purposes inside one single family dwelling, watering of domestic animals and the irrigation of not more than 12,000 square feet of home gardens and lawns, �s recommended by the Division of Water-Resources to the county commissioners. 5) Production from this well is restricted to the Laramie-Fox Hilts aquifer which corresponds to the interval between 790 feet and 1060 feet below ground surface. Plain casing shall be installed and sealed to prevent production from other zones. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The annual amount of ground water to be withdrawn shall not exceed 1.1 acre-feet. 8) This well shall be constructed not more than200 feet from the location specified on this permit. Note: To insure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above. ci 2)19 OWNERS Co giy APPROVED 1 DWR 4:g eAer(,:ttc}L,,,) State Engineer -BY Receipt No. 0368779 DATE ISSUED JUN 2 3 1994 EXPIRATION DATE JUN 2 3 1996 I—!'SP 1.06P APPLICATIONFOR INDIVIDUAL ,.,r,Etdi—s(:)#::. DISPOSAL SYSTEM,....E.I:;:!''i NO. (:i•• '::>4 ► 111-0362. WELD D COUNTY TY HEALTH DEPARTMENT IYIL:N'T Ni:::td APPLICATION ENVIRONMENTAL HEALTH SERVICES 1517 :1.t:,Tt•'I l41Vl:::hlt.lE:. COURT, C;RI:::!:::!...I::.'',•', CO80631 353-0635 EXT.2225 OWNER s.:i•-!'•C)F:'F'E::1...., DWIGHT ADDRESS :;'C?{)C) W :l.:l.ca'TH••! i'I... ##:L()5 PH (::iO3) r'#::>.:?....ti:?.s` WESTMINSTER CO 0024 ADDRESS S (:)1" PROPOSED SYSTEM W(,R 37 & 52 FT L_t.Jl''T(:)1'`I CO 80621 LEGAL DESCRIPTION OF SITE: SEC SUBDIVISI0N: #Y#<<RT.1:1;1 BROTHERS LOT 7 BLOCK O_':1(::-1< ) FILING} rN USE TYPE;; RESIDENTIAL MODULAR : i3 SERVICES:S:: PERSONS N BATHROOMS 2.O() LOT SIZE 5.00 ACRES BF::I3F%(:l(:a!''!':: 3 BASEMENT PLUMBING NO WATER SUPPLY t:. Ji:::L..L.. APPLICANT A ACKNOWLEDGES THAT T'F•IE: COMPLETENESS IF'!...!:'T•!=NL c ::? OF #'F1:t:;:'+ APPLICATION I IS (:'•(:1NT):1:•T':l:(:3Nf-lt... UPON FURTHER MANDATORY AND ADDITIONAL TESTS AND REPORTS AS MAY BE REQUIRED BY THE WELD COUNTY HEALTH DEPARTMENT _#-C3 BE MADE i•^•sNL() FURNISHED BY THE APPLICANT i' (:)F: BY THE : W1:1...I) COUNTY HEALTH DEPARTMENT FOR PURPOSES S OF THE EVALUATION OF T i E APPLICATION; AND THE ISSUANCE OF THE:: PERMIT IS SUBJECT TO SI.JCH TERMS AND CONDITIONS AS DEEMED NECESSARY TO INSURE COMPLIANCE C J I:TI••1 RULES r,I ID REGULATIONS ON ADOPTED D UNDER ARTICLE:l:(.:I.,,E:: :I.O:, TITLE 25, CRS 1973, AS AMENDED. 'T•I••FE APPLICANT (:;I:::F:T1:F:1:E::`•_::; .',.1..1^•s..(. .T.i-n: PROPOSED SYSTEM WILL I NOT T I:it:: LOCATED E::I) WITHIN 400 FEET OF i=t COMMUNITY SEWAGE SYSTEM. THE UNDERSIGNED F•#E::1:':I::::t•:;Y CERTIFIES 'T'F--Is'—;l AL.t.. STATEMENTS l I•T•::3 MADE, 1:1'1{"(:)1»:MAT:r(:)t`I AND REPORTS l: i'S SUBMITTED HEREWITH r'1Nii> I";1:::(:Il_J:!:}:::iE? TO BE SUBMITTED BY THE APPLICANT ARE, OR IdIL1... BE, REPRESENTED TED .TO x:I::: '1'I:i(JE:: AND CORRECT E:f:::..C ..((3 THE BEST OF MY KNOWLEDGE AND BE:1...:1:E:F: ANDARE DESIGNED "f•(:) BERELIEDON T'' THE WELDCOUNTYHEALTHDEPARTMENTIN EVALUATING ..i•!-ll::: SAME:: FOR PURPOSES OF ISSUING THE PERMIT APPLIED F—c:'R HEREIN. :i: FURTHER UNDER— STAND THAT ANY FALSIFICATION OF: MISREPRESENTATION RE SEI I rA'T:f.ON MAY RESULT :1:1'•I THE: DENIAL OF. .T.En:: APPLICATION (:)f•4 REVOCATION i OF ANY PERMIT GRANTED I:tir^s::i1::D t.1P(:)I*t `,-:is^sii) APPLICATION f•`sI-4i) IN I...E::(Gil... ACTION FOR PERJURY AS PROVIDED BY !...i—I4 APPLICATION !::-E::!::: $150.00 j;: STOPPEL 7•`.I::.t.' 'I:: BY (..F•Ir"11.? YOUNG 08/01/94 1....i i F�;.'r',s:�E::l l i2 q....;— DATE:: DATE 08/01/94 ...... ORIGINAL—APPLICANT; COPY•—WC1—ID WCl..ID....sEE-FS MAY, Si.`84 . lit kw DEPARTMENT OF PLANNING SERVIC ES ' PHONE(303)3533845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO DATE: August 12, 1994 TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: MHZP-169 'There will be a Public Hearing before the Weld County Board of County Commissioners on Wednesday, August 31, 1994, at 9:00 a.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Dwight and Lana Stoppel FOR: A Zoning Permit for a Manufactured Home to be used as a Principal Dwelling. LEGAL DESCRIPTION: _Lot 7, Martin Brothers P.U.D. , Weld County, Colorado. LOCATION: 17594 Clara Lee Street. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Chuck Cunliffe, Director. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. C E R T I F I C A T -E OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number MHZP-169 for Dwight and Lana Stoppel in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 12th day of August, 1994. SURROUNDING PROPERTY HERS Dwight and Lana Stoppel MHZP-169 David and Julie Ellis 17583 Clara Lee Street Brighton, CO S0601 Scott and Wendy -Robertson 11859 Harrison Street Thornton, CO 81)233 Kathleen and Kell-e Martin 17544 Clara Lee Street Brighton, CO 80601 Wade and Karen Frarck 276 N. 11th Avenue Brighton, CO 80601 Mark and Moni -Himmelreich 13909 Weld County Road 1-8-1/2 Ft. Lupton, EC) 80621 Grein Construction, Inc. P.O. Box 381 Brighton, CO -80601 Sharon Masterson P.O. -Box 1054 Niwot, CO 80544 Ronald and Margaret Matlock 940 McKinley Avenue Ft. Lupton, CO 80621 Kenneth Stoemaker 10700 N. Huron, #1303 Northglenn, CO 80234 Bill and Karen Buxton 4345 Elizabeth Street Brighton, CO 80601 John and E-arlene Pfister 9210 Vine Street Thornton, CO 80229 Martin Brothers 147 S. :Denver Avenue Ft. Lupton, CO 80621 Jeffery and Kathlee Lycan 14533 E. 22nd Place Aurora, CO 80011 FIELD CHECK FILING NUMBER: MHZP-169 DATE OF INSPECTION: August 17, 1994 APPLICANT'S NAME: Dwight and Lana Stoppel REQUEST: A Manufactured Home mooning Permit -for a Principal Dwelling. LEGAL DESCRIPTION: Lot 7, Martin Brothers Planned _Unit Development, Weld County, Colorado. LOCATION: 17594 Clara Lee Street, approximately 3 miles north of the Town of Lochbuie. LAND USE: N Residential Tract E Residential Tract S Residential Tract W -Residential Tract ZONING: N PUD (Planned Unit Development) E PUD (Planned Unit Development) S -PUD (Planned Unit Development) W PUD (Planned Unit Development) COMMENTS: The property is vacant with the exception of the construction of the crawlspace which is occurring on the property. Ingress and egress to the property is from Clara lee Street which is gravel surfaced. There are four _other residences in the immediate area of the property under consideration. The public hearing notice for the Board of County Commissioners' hearing was _posted on the property. Chuck Cunli�j Director INTERNAL CASE MEMORANDUM TO: Case File FROM: Chuck Cunliffe, Director NAME: Dwight -and Lana Stoppel LEGAL DESCRIPTION OF PROPERTY: Lot 7, Martin Brothers Planned Unit Development, Weld County, Colorado. DATE: August 17, 1994 CASE NUMBER: MHZP-169 I returned Sharon Masterson's telephone call (303) 924-5537. She tad questions concerning the Stoppel's application. Her main concern was how the County defined a -manufactured home. I 'briefly explained what the applicant was proposing on the siteand discussed the definition for a manufactured home. Ms. Masterson appeared to be satisfied with my responses and indicated that she did not plan to write a letter tut would verbally give her okay for the application. INTERNAL CASE MEMORANDUM TO: Case File FROM: Chuck Cunliffe, Director NAME: Dwight and Lana Stoppel LEGAL DESCRIPTION OF _PROPERTY: Lot 7, Martin Brothers Planned Unit Development, Weld County, Colorado. DATE: August 23, 1994 CASE NUMBER: MHZ-P-169 I returned Karen Buxton's telephone call (303) 857-1722. She had questions concerning the Stoppel's application. Ms. Buxton indicated that she had concerns about the proposed manufactured home. Ms. Buxton asked whether or not she needed to be at the Board of County Commissioners' Hearing if she wished to express her concerns. I explained that she _lid not need to be present, however, -we encouraged individuals to be present at hearings. I explained that she could write a letter which would then become part -of the public record at the Board of County Commissioners' Hearing. _I reviewed the criteria that is in the Zoning Ordinance concerning the approval of manufactured homes as principal dwellings. I also explained the public hearing process and the optionthat was available to applicants to obtain a petition with at least 70% of the surrounding property owners within 500 feet. _ s 1401 NEC 02349655 09/09/93 14:36 F D 463 MARY ANN FEUERSTEIN CLERIC & RE DEN WELD CO,OCO A K'34965S• — WARRANTY DEED THIS DEED,Made this 2ND day of SEI TEhatER,1993 between MARTIN➢RO'1'IIERS,A PARTNERSHIP of the County of WELD and State of COLORADO,grantor, and DWIGIIISTOUT',anti LANA SrOPPEL STATE DOCUMENTARY FEE whose legal address is P..O.BOX80233 , Date. i<< �I� — N rite Co LENN,COLORADO 8 LO $ t ) of the Countyof/and State of COLORADO,grantees: ----- - -- \go WITNESS, that the grantor, for and in consideration of the sum of EIGHTEEN THOUSAND AND 00/100ths DOLLARS, ($18,000.00), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grind, bargain, sell,convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy in common but n joint tenancy,all the real property,together with improvements,if any,situate,lying and being in the County of WELD,and State of Colorado,described as follows: LOT 7, MARTIN BROTI IERS PLANNED UNIT➢E VELO1'MEN'I'-AMENDED PLAT, COUNTY OF WELD,STATE OE COLORADO EXCEPT AND RESERVING UNTO THE GRANTOR ALL OIL, GAS, HYDROCARBONS AND OTHER MINERALS NOW OWNED BY GRANTOR also known by street and number as VACAN'I'LAND,FORT LUI'TON,COLORADO 80621 TOGETHER with all and singular the hcreditmnents and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof,add all the estate,right,title,interest,claim and 1 /1 demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,with the hereditaments and l� appurtenances. 1l , TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs 6O and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees, their heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full Q power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soeveq except for taxes for the current year,a lien but not yet due or payable,casements,restrictions,reservations,covenants and rig his-of-way of record,if any, • The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the rise of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed This deed on the date set forth above. • MARTIN BROTHERS,A PARTNERSHIP by i -41.1-red Partner T. Martin, Partner STATE OP COLORADO COUNTY OP WELD )ss. • The foregoivg.inrst rfuvent was acknowledged before me this 2N1)day of SEPTEMBER,1993 by -.'IJohtt'T.:L}f)IIrc in as Partner /a(tA ILTf15-R1I7 Iwts AT„ARTNERSHTP "5' of Witt My o ll sett, yx{ .� • 0,07-96 Witness a .hit d- r{' ffic'hl sale ' Notary Public Nu.9:1,A.ne..9.N5 1A'x Il1U N'r1'000t an JAn'rorvnta) AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application Number: 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 complied 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. Sut s+ I) The foregoing instrument was subscribed and sworn too beeforeme this zhd day *� 1N �S , 19g4ty Lan, `�TOI IQme I WITNESS my hand and official seal. Alitqq57ission expires: Me 27 1997 • \ ' P Notary PublicLVrS;2_-..-C--".-44/2-{,.... • NAMES -OF 3PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # David B.&Julie L. Ellis 17583 Clara Zee St. , -Brighton, CO 80601 147112403010 Scott A.&Wendy RolPrtson 11859 Harrison St. , Thornton, CO 80233 147112403009 Kathleen A.&Kelle Martin 17544 Clara Lee St. , Brighton, CO 80601 147112403008 Wade E. & Karen Trarck 276 N. 11th Ave. , -Brighton, CO 80601 147112403003 mark A. & Mani -Hinmelreich 13909 W.Q.R. 181/2, Ft. Lupton, CO 80621 147112403002 Grein Construction Inc. P.O. Box 381, Brighton, CO 80601 147112403004 Sharon Masterson P.O. Box 1054 , Niwot, CO 80544 147112403005 Ronald & Marg. Matlock 940 McKinley Ave. Ft. _Lupton, CO 80621 147112-403017 Kenneth Shoemaker 10700 N. Nuron -#1503, Northglenn, CO 80234 147112403016 _Bill Karen Buxton -4345 Elizabeth St. , Brighton, CO 80601 147117401nn� John & Earlene Pfister 9210 Vine St., Thornton, CO 8_0229 147112403011 Martin Brothers 147 S. Denver, Ave. , Ft. Lupton, CO 80621 147112000057 Jeffery & Kathlee Lycan 14533 E. 22nd :Place, Aurora, CO 80011 147112401012 . t:_ ,, .4 \ - DEPARTMENT OF PLANNING SERVICES PHONE (303) 353.3845, EXT. 3540 1 p. , WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY,LOLORA-DO 80631 COLORADO August 12, 1994 Dwight and Lana Stoppel 2800 W. 11-6th Place, {1105 Westminster, CO 80234 Subject: MHZP-169, Request -for a Zoning Permit for a Manufactured Home to be used as a Principal Dwelling on a parcel of land described as Lot 7, Martin Brothers P.U.D. , Weld County, Colorado. Dear Mr. and Mrs. Stoppel: I have scheduled a meeting with the Board of County Commissioners on Wednesday, August 31, 1994, at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. _It is recommended that you or a r-epresentative be in attendance to answer any _questions the Board of County Commissioners might have with respect to your application. The Department of-Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to call -the Department of Planning Services' office a few slays before the date of the Commissioners' hearing to obtain the recommendation. Sometime prior to August 119, 1994, a -r-epresentative from the Department -of Planning Services will post a sign on the property adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and 10-cation. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign will be -posted in the most prominent place on the property and a second sign will be posted at the point at which the driveway (access drive) intersects a publicly maintained road-right-of- way. If you have any -questions concerning this matter, -please feel free to call me. Respectfully, o..._\,,Tke.,..tt Chuck Cunliffe, AIC-P Director 08/29/94 15:58 $303 659 4338 ADAMS CO RECORDS Q002/002 August 29, 1994 Weld _County Department _of Planning Services 1400 -N. 17th Avenue Greeley, _Colorado 80631 CASE NUMBER: MHZP-169 We as land owners of an adjacent property (lot 9, Martin Brothers P.U.D., Weld County, Colorado) wish _to state our objection for a zoning permit to use a manufactured home as a principal _dwelling for Lot 7, Martin Brothers P.U.D. , We1-d County, Colorado. This is a violation -of the original covenant _that the land owner(s) of Lot 7 have al-ready agreed to. We -wish this covenant to be enforced in regards to any type _of trailer/double wide i.e. -manufactured home. Sire ��, Vita 5�7 Scott A. Robertson Wendy M. Robertson 11859 Harrison Street Thornton, CO 80233 (303) 280-1836 !I\ AUG • AUG 29 '94 14:40 303 659 4338 PAGE.002 II _ ,‘; �I IL_II • (�K Ill 4- A rte; I r i —.444141t- re � �°�h i r1 Ihl I ,.1 sir {i4- �\\�\ �\ �\: •. T <. » �: < • �� : < v w ••..„ / -' \ y\\ \ r w \ . , d �? > \ » ^ » ` 3J « x . 2z 2.e z � . ? „ y ey � �p y J» Q •« yw _. © / \ ��< : < . . w \ y» . � . . . . .. � � ,� , > . �4�f� » . rxw y� » �:�w . *� `I; ��\ � . } 14&- \( 2 . \ • 940R1?A//PS/9 Ken and Sharon Shoemaker 4366 ELizabeth Street -Brighton, Colorado 80601 (303) 857-2427 August 29, 1994 Weld County Department of Planning Services, Chuck Cunliffe, Director: This letter is in regaurd to a zoning permit for a Manufactured Home to be used as a Principal Dwelling issued for Dwight and Lana Stoppel, Lot 7, Martin Brothers P.U.D. , Weld County, Colorado, 17594 Clara Lee Street . Case Number: MHZP-169. The Manufactured Home in question has been described to us as a modified double wide trailer. While the Convenants for this area clearly state: "We agree not to park house trailers, mobile homes, including double -wide mobile homes, on said property or to use trailers for dwelling purposes while parked on said property", we are concerned for a variety of other reasons as well: 1 . The long term stability and appearance of such a structure presents a concern. Most structures of this type deteriorate rapidly and depreciate in monetary value. 2, Such a structure would not be compatable with other homes in the neighborhood which consist primarily of conventionally framed homes with appropriate siding materials such as vinyl, masonite, and/or brick. 3. We are concerned that allowing a structure of this sort in this neighborhood may set a precedence for other land owners in the Martin Brothers P.U.D. who have not yet obtained building permits for their homes. A. When we searched for land on which to build our dream/retirement home, we payed particular attention to the convenants looking for an area which met our needs and desires. We felt this area would be ideal because of the convents and the types of homes constructed and/or under construction. In the words of our appraisor "Trends within the community indicate increasing real estate values and larger custom homes under construction in the subject neighborhood". It would be gratifying to know that the convenants we deemed so important would protest us and our investment . Thank you for your time. _Sincerely • EXHIBIT en and Sharon Shoemaker T h X12 S40A17 127 8EC 02118362 10/20/87 14:15 5=...00 1/004 i An .,�LLd36� F 1879 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO q ' a :::?..ft, 1y' DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IF lfAl", FOR p `el;i y: MARTIN BROTHERS PLANNED UNIT DEVELOPMENT r ." "t N. 41� :, THAT WHEREAS, Martin Brothers, a Partnership, hereinafter �L + �i� > ��' referred to as "the Declarant" is the owner of that certa:Ln parcel. of real property located in Weld County, Colorado, known 4.o ,,, as MARTIN BROTHERS PLANNED UNIT DEVELOPMENT, and being here- `', rrrd,,.71134. ..*,,, ; III ' inafter referred to as "the property", and ; ? ' „ WHEREAS, Declarant desires to create and maintain said A '+i.;. real property as a quality residential district; 416,014c2-1,� p ; WHEREAS, Declarant desires good neighborhood appearance, �k u":* 7 .t peace and quietness, all of which is of value and which can s° , >` only be enjoyed if all owners refuse to do, or refuse to permit Nat, certain acts relating to the use of said property. Therefore, , , rs t; all owners of the aforesaid property, for themselves, their { i ' ! 'Iq4104 AV heirs, successors, assigns and personal representatives, co hereby { agree to comply with all the covenants herein set forth, during E . a the period of these covenants. Noncompliance by any owner will , jar m, , be cause for refusal of building permit or such owner will be subject to a decree of specific performance and payment of z{, r attorney fees and costs of any legal action necessary to enforce `' -.a y }Itltlt n "" '.0` i, these covenants. , + ,, '; 2.1 ,444‘x '+ � I. Definitions *7 {s Section A. "Owner" shall mean and refer to the record ',.4I . ,'f: + 1� # •+i owners, whether one or more persons or entities of a fee simple r +' title to any Lot which is part of the Property, including con- rqr t� i , r, tract sellers or owners but excluding those having such interest xi ''�'` ' s,ii < 4ttHr ` merely as security for the performance of an obligation. . '--4,;t:1; ,' ` ;i. .lrl, O:"- Section B. "Property" shall mean and refer to that certain �' real property hereinbefore described and such additions thereto "41 f as may hereinafter be brought within the jurisdiction of these yr ; h r1 e0�y',�! covenants. fi , 4 ,f. Section C. "Lot" shall mean and refer to any plot of land shown on any recorded subdivision map of the Property. 4 � Section D. "Committee" shall mean and refer to the Ar- ' �w; chitectural Control Committee, hereinafter further defined and S organized. 1 Y 44%*... II. Protoctive Covenants, Building Restrictions and Architectural ' j 41'44 , �r' Control Committee .14.01;,:A.,,,' 1. Land Use. No Lot shall be used except for single-family residential purposes. No building shall be erected, altered, �, placed or permitted to remain on any Lot other than one detached , ..'7i# ,rtr _ single-family dwelling and private garage, attached or detached, r wr'=1rN_ : and customary utility buildings related to residential use. f °* 1 ` 2. Building Size. We agree not to build and not to permit 3 `&r ly or employ others to build homes on our property with less than w,{ �{'& + 1,000 square feet of first floor area if without a basement and, if with a basement or a two-story, the home must have no ',,7W7. less than 800 square feet of first floor area. 'z. EXHIBIT 44S-AP 3. Basement Homes. No person or persons shall live in, s,Ilt 4: or permit others to live in, basement homes erected on the pro- vx aif0 perty. Basement homes shall mean dwellings wherein only the r { ^ k basements are ready for occupancy and the first floor area is E 1` m `', not complete or ready for occupancy. t g 4. Mobile Homes, Trailers. It will not be allowed to park house trailers, mobile homes, including double wide mobile t ' r ;{gib, homes, on said property or to use trailers for dwelling pur- rIf t + 3 poses while parked on said property. ECEI�VE AUG 2519&? Os17 �W.q M�rYt _ I EC C'.il 1 , 1 , ' 512.00 '/ ,24 ` a I 2 .ii • ARY •,. MI ' v CL}I L< F l.cuitei k WELD U, co X74` .?•4:-.4r.:44' y n C 4441 .6,,4 : 7 ! 41 $v * n, ,I ion , Improvement . o oer -oi or persons shall i �,V� t 1uild n ,r-• " Ihan ..1,-Ay (t,C) !cut sort the center of the road 1 r rti '' t 9 �'git F ar t ,i Qs tilt I top or' /, c. cn ,, i ,� thin forty (901 fee; 1.4-44161 .; y, 1�* of ,h,tho mio property lines. t bbd. :4 K.11:$4 U. 4erc hborhood /e e ,r tr c ;.at ri-tls Permitted U v �+, ' l g ��,kY.p ,' Na noxious or offensive activity hall be carried on upon any i ' ( '':,,4 )(.41.1(14144 2 lint nor may anythur , done which may be or may become , z :' ) yr ,a); aJisanee or annoyance to the ne rlhborhood Na Lot shall be used aII f{ °,E for dumping ground i r trash, rubbish, or other waste, nor as t' �,� , a parkins or storage area for vehicles or materials of any kind, g i«A o"_her than personally owned automobiles of the owner, and except F t f, for a reasonable term while a structure on said premises is under to .:t construction. All property and premises shall be kept in a clean II ' 3�y . and sanitary condition at all times. No unsightly I L'' g y materials or v, • ;I 3 ', )).:: :)7c.'4% t"4`;' .' any used car parts, used machinery parts, or used lumber End i I) �'�'� X4.7, other unsightly materials shall be allowed on said property t ' within sight of the strcot. No inoperable automobiles or F t {Yr �Fc: machinery g shall be parked for a period of more than 30 days s :4g ' and no unsightly machinery or vehicles shall be parked on the r• • sd id land -which will detract from the beauty of the area. as seen Ir Ic r+,t > »; from the front yards and the front streets. Cars and pickup t St:t c?•- trucks in running order are not to be considered unsightly. i �_.; No buildings, additions, or fences made out of used materials ts `d shall be allowed _unless used materials are immediately painted j'I f f YyM or..covered. within_ 30 days. There are to be no buildings con- •r 11(4..));( . , strutted with tar paper roofing or rolled roofing. There is to ()' ` � ' { -be no building constructed of metal unless it has baked on wp" colored finish. v, L' ` �! ,,tell P. 7. Work Uncompleted - Temporary Structures. No temporary ) '14 a # structure may be started on the property unless completed within . `• ° one year from the date construction is started. No structures ,pier );ial,.. of a temporary character, trailer, basement, tent, -shack, garage, , . y barn or tether outbuilding shall be used on any Lot at any time 11L ryx))i" 'r. as a residence either temporarily or +n i' -:-If t r fyr4 P y permanently. (V es ' 8. Junk Yards. No lot or any part of the property shall x�•a be used for used car lots, car sales or storage, wrecking business L( .1 —J, `t or junk yards. 1. ); � ( �4e a k i r -9. Feed Lots. No part of the property shall be used for vii)kmc a V,,,. feed _lots. Pi' f) ,'' 10. Animals. There shall not be allowed more than four # t).«'"w 94 (4) animals per acres on said property, dogs included, except • + ; � i '. as stated below, except hogs which will have a limit of two " t r i3(., (2) per lot or combination of lots comprising -a building site. ,tt� k`�'(. Except for laws governing the area, there will be no limit on E }� the number of chickens and rabbits, or on animals under eight ,I ls # a r -weeks old, or on animals, or business enterprises or hobbies { ! c� -which in no way create unhealthy or unpleasant conditions for ' ` t i)ig * I :0) the neighbors or which in no way damage the neighbors' lawns, 'I "t or which do not detract from the peace and quietness of the . wpiq < area. A building or shelter will be provided for all grazing , or nongrazing animals unless kept within the home. i d 11. Barking Dogs. Except for dogs which bark enly in the +C r +: presence of strangers, intruders, or trespassers, no barking r % i .. dogs shall be allowed on said property. Dogs which bark longer Sts ,6r"� than ten minutes, continuously, without any of the above reasons, � shall be considered undesirable. a 12. Trespassing. No children, or any animals or birds, f°• I such as pigeons, owned by us or under our control, shall be allowed to trespass on the land of others in the area, without ;1,4t . 1.1)")'.— the express consent of those upon whose land the children or ;( 3 } , ri animals are trespassing. �F j ` 440s17 , u y • B 1173 REC u2118362 10/20/J7 14:15 812.00 3/004 I',[ ; r a F 1881 MARY ANN FEUERSTEIN -CLERK & -RECORDER WELD CO, Co 41H '(,t',,,.1O, 7 i i '+5 � i 13. Breeding. No -breeding of animals shall be allowed -. ; ;-Diret, on the aforesaid property unless the breeding areas are :shielded i' I I- _from the view of the neighbors. ley 0.1.48,, 14. Health. No unhealthy conditions will be allowed oriIYA ��I;; r ➢, � . maintained -on the property which might spread disease, tad s J pm ,:, odors, dust, or harm the health of neighbors. For example: w;� + rY. e."., , dead animal-s, smelly rotten vegetables, stagnant odorous water, i i, s. -.. sloppy overcrowded animal pens -with wet -manure several inches i ,,t, ICI t 14Rt , deep, _remaining on the aforesaid land seven clays or-more, shall i be cor.:idered in violation of this covenant. en the other. hand, , k it,:c` • animal pens with customary care and cleanliness are to be ac- f i i9-,s cepted. i t 13. Dust. No overgrazing or other use of the land shall i ' I'.- be -permitted in such a way as to present -a continuous dust storm 1 9₹ ',711 .054,V potential. For -example, if land is plowed -and harrowed without R i� i x ', '`" ', immediate reseeding or planting or-mostof the vegetation is ' iii `� >-, destroyed by animals or otherwi-se bared over an ar-ea of one-half FIs ' -acre or mor-e, -said area shall be considered a dust storm pot-en- . 1.,� ti-al. :h.n t 16. Weeds and Wind. No weeds or tumbleweeds or other ob- ,� ifAV , -noxious vegetation shall to permitted. -Papers, trash or rub- ifl pt' '� IktiI" 4 tith or other obnoxious materials shall not be allowed to blow ' 1`.p '„ over on the neighbors' property. i i�ti . ,r „+. 17. Noise, Hazards and Other Uses. No noisy animals or r�r''I?+ ;� ' :ci5r,,Ma birds, or noisy industrial or noisy commercial activities, or ' '.' 3f: tH industrial -or _commercial Bork which creates obnoxious smog, ` r`.1+ ,: bad odors and objectionable noises shall be allowed nn the 4 41;144 e property. These covenants, however, are not intended to eliminate x : agricultural activity, or other activities that do not damage �" the neighbor-s. It is understood that the zoning -will remain 'I1: ' 14., t, ' agriculture unless -modified by a majority o₹ the owners. '1,1 su `' ` i tie l� r �. ' E lit $ x 18. Minerals Extraction. No mining or extraction of miner- '! :1 Si als shall be permitted on any Lot. pn r419. Fences. All fences and structures at the intersections m" ' 7*; t shall conform to County regulations to prevent obstruction of ' r ', . s h usual safety sight lines. 114 k !f'` I; 20. Architectural Control. -No building shall be erected, , rz. ,, E:.. , placed -or altered on any building Lot, nor shall any wall, fence �; r./.1-, 'I- or other enclosure, be located thereon, until construction plans Ntc:u' . . and specifications, _including exterior colors for painted and �. .„, stained -sur₹aces, plot plan and roadways have been submitted to #f a and have been approved by the Control Committee, es to quality p - I of workmanship and materials, harmony o₹ design with surrounding " - -' t.Xoss.;- structures, exterior -colors, and location with respect to topo- li +j graphy and grade. ^' i€# '{I 21. Membership to Committee. The Architectural Control ' rg w� Committee is composed ,f -John T. -Martin, James I. Martin and 2'S. Burl Van Buskirk, 604 1st Street, Fort Lupton, Colorado 80621. i ',4,�ia; A majority of the Committee may designate a representative to z + � act for it in the event of death or resignation of any number of the Committee, the remaining numbers shall have full authority -- ry to designate a successor. Neither the members -of the Committee, 101/41.0 .,+. 4 17 i nor its 'designated representative shall be entitled to any com- 4 irYir, pensation for services performed pur-suant to this _covenant. � +.�J,. At any time, the then record owners of a majority o₹ the lots . �;. shall have the power through a duly recorded - written instru- ment to change the membership of the Committee 0r to withdraw A ,i �• from the Lommmittee or restore to it any of its powers or duties. 22. Procedu:e. The Committee's approval 'r disapproval as '1 l' c 4 9 t!7 _.._ ..._ n.a: - _.___ � . .._,_mot . W.v_. -- .-.�-,_W._ B 1173 REL u2118362 10/20/87 1-4:15 y12.0, 4/004 i' F 1882 MARY ANN FEUERSTEXN CLERK S. RECORDER WELD CO, CO 4r "d . '. required in these covenants shall be in writing or indicated "1 a'L t� on the builder's set of plans and -specifications. In the 44"4';',',44" 14 Y- event the Committee er its designated representative fails to : - approve ar disapprove within thirty (30) days after -plans and x P- specifications have been submitted to it, or in any event if ,,a ;' no suit to enjoin the construction has been commenced prior to � `' riikf b the completion thereof, approval will mot be required and the related -covenants -shall be deemed to have been fully Complied t a with. ft ay,s „, 23. Covenants to Run with the .and. These covenants • 44,444:" are to run -with the land and shall be binding on all partl--es y, and all persons claiming under them until January 1, 1994, at ', F which time -said covenant-43 shallbe -automatically Extended for i^ successive periods of five (5) year-s, unless -by vote of two-414) t^. thirds (2/3) of the then owners of the Lots it is then _agreed ,+• 3, , to change -said covenants in whole or in part. These Protective -tA::, Covenantsmay be modified in whole or in part -at any time by a duly written and recorded instrument executed by two-thirds ,�. ... (2/3) mf the then record owners -of the Lots, based on toe vote � . for each of the lots in the subdivision. k a„:; 24. Periods of Enforceability. If -the parties -hereto, "#� (. * (i . or any of them, mr their heirsor assigns, -shall violate or ^.: l . attempt to violate any of the covenants herein, it shall be ' " z , h lawful for any other person -or persons owning any seal pro- "F„� t-1 � ow - - --petty,- situated-.in said development orsubdivision. to prosecute '- < 7 a. -- ''- an proceedings at law or in equity against the "" '}� Y P 4 4 y 4 person or per- j--:':: o- a sons violating any such covenant, and either to prevent him I 4 ( 'f'' wt; or them from so doing or to recover damages or _other dues for •, ' " such violation. g p r' ' ,: )"• "` 25. Invalidation. Invalidation of any one _of these coven-i. °,V %P. ants -by judgment or court order shall in no -wise effect any of J.11 .4,,,"t the -other provisions which shall remain in full force and effect. t { � e IN WITNESS -WHEREOF, the .parties hereto set their hands -and ^'r x z*„3t;t`( seals the day and year hereinafter written. 1 . ' . DATED this AS4 day of aklara.c� , 1987. - d 0 MARTIN_BROTHERS, a Partnership `y '4 a.A ah S:' T. w iw4 .7 n-T. Martin i J es . Martin °''� 7�s STATE OF -COLORADO ) :, ) ea. .. COUNTY COUNTY OF WELD ) .,'• ,a..14 A ;C The -foregoing instrument was acknowledged -before me this 3 , day of , 1987 by John-T. Martin and James • �,� ;��:.i•:^•Ma, .n, Partne of MARTIN BROTHERS, a Partnership. , g. 'j `W/ t'•Ot'^•7 Witless my hand and official seal. E. 1 ; A A.01• : , 1u LbL y commission expires: -194.- 1-88 wry Pub is . { 0817 ha-. Hello