HomeMy WebLinkAbout990835.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST GERALD AND CAROLYN HOYT FOR VIOLATION OF
THE WELD COUNTY ZONING ORDINANCE - VI #9900011
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, Gerald and Carolyn Hoyt, VI #9900011, are allegedly in violation of the
Weld County Zoning Ordinance, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 13th day of April, 1999, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Gerald and Carolyn Hoyt, property owners, were present at said hearing,
and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until March 13, 2000, to allow adequate time for the property owners
to bring the subject. property into compliance and for an inspection of the property by the
Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that said violation be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Gerald and Carolyn Hoyt to remedy the violation of the
Weld County Zoning Ordinance, and any other persons occupying the properties, any persons
claiming an interest in the properties, and any persons acting in active concert with the
identified parties, with an instruction for delay of action upon such referral until March 13, 2000,
to allow adequate time for the property owners to bring the subject property into compliance.
990835
PL0824
;L, Pt 474-
VIOLATIONS - VI #9900011 - GERALD AND CAROLYN HOYT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, C LO DO
ATTEST: /00,44/W - ,--.
n Dal K. Hall, Chair
�, -It Weld County Clerk to the B..w� < ,
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BY: __1 � ���< �g� 4�', ' tiara J. Kirkmeyer, "ro-Tem O
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Deputy Clerk 10 the Bo '. r/ q - `i- �7 x
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990835
PL0824
DATE: April 13, 1999
VIOLATION NUMBER: VI-9900011
NAME: Gerald and Carolyn Hoyt
ADDRESS: 275 Weld County Road 48, Berthoud, CO 80513
LEGAL DESCRIPTION: The SW4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado.
PARCEL NUMBER: 1061 06 000007
CASE SUMMARY
•
January 26, 1999 Initial compliant received for a commercial dairy supply business, truck traffic and
possible employees.
January 26, 1999 Five day letter sent.
February 2, 1999 Telephone conversation between Sharyn Frazer and Mr. Hoyt regarding the uses
occurring on the property. A copy of Section 30 from the Weld County Zoning
Ordinance, along with a letter was sent to Mr. and Mrs. Hoyt. They were asked to
review this information and call back to discuss exactly where the business was
described in the section describing a use by right in the agricultural zone.
February 24, 1999 Mr. and Mrs. Hoyt came into the office and met with Sheri Lockman, Planner, and
Sharyn Frazer. They were asked to submit details of their operation to the Department
of Planning, in writing, and Ms. Lockman would take it to staff to make the
determination if it would be considered a use by right, or require a Use by Special
Review permit.
February 24, 1999 Facsimile from Mr. and Mrs. Hoyt to the Department of Planning. A letter was
submitted along with a listing of the merchandise and a plot plan of the property.
February 26, 1999 Letter sent to Mr. and Mrs. Hoyt from both Sharyn Frazer and Sheri Lockman stating
that the operation has been determined, by staff, to be an Agricultural Service
Establishment in accordance with Section 31.4.2 of the Weld County Zoning
Ordinance. A Use by Special Review permit would need to be aoplied for and
approved.
March 10, 1999 Telephone call between Mrs. Hoyt and Sharyn Frazer. Mrs. Hoyt was requesting that
the Department of Planning allow enough time for them to either sell the property and
relocate or possibly just relocate the business. She didn't know how much time it
would take, but stated they don't want to apply for the Use by Special Review at this
time.
March 10, 1999 Letter from Sharyn Frazer scheduling Mr. and Mrs. Hoyt to appear before the Board of
County Commissioners at violations hearings on April 13, 1999, at 10:00 a.m.
The Department of Planning also recommends that the County Attorney be authorized to proceed with legal
action against any other persons occupying the properties, any persons claiming an interest in the properties, and
any persons acting in active concert with the identified parties.
Copies of the violation materials are available at the Department of Planning Services' office or the Weld County
Attorneys Office.
990835
# iCt?
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 352-6312
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
March 10, 1999
Gerald and Carolyn Hoyt
High Country IBA, LLC
275 Weld County Road 48
Berthoud, CO 80513
Subject: VI-9900011, Part of the SW4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Hoy.
The uses on the above described property are being considered as a zoning violation of Sections 31.2 and 31.4.2
of the Weld County Zoning Ordinance.
Thank you for your phone call. As we discussed, I have scheduled you to appear at the violation hearings on
April 13, 1999, at 10:00 a.m., to consider the violations occurring on the property. This meeting will take place
in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Come-, 915 10th Street,
Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the
Board of County Commissioners might have about the violation.
If you have further questions, please contact me at the above address and phone number.
erely,
haryn F er, ACEO
Code Compliance Officer
pc: VI-9900011
SERVICE,TEAMWORK,INTEGRITY,QUALITY
� DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
itot
1400 N. 17th Avenue, Greeley, CO 80631
I Phone (970) 353-6100, Ext. 3540
Fax (970) 352-6312
COLORADO
February 26, 1999
Gerald and Carolyn Hoyt
High Country IBA, LLC
275 WCR 48
Berthoud, CO 805' 3
Dear Mr. and Mrs. Hoyt:
Planning Staff has reviewed your letter dated February 24, 1999. Your operation has been
determined to be an Agricultural Service Establishment in accordance with Section 31 .4.2 of the
Weld County Zonirg Ordinance. In the Agricultural zone district a Use by Special Review permit
is required for this use.
The violation notice (VI-9900011), will remain in effect. After our meeting on Wednesday, February
24, 1999, you took the appropriate USR application. At this time staff is prepared to grant thirty
(30) days to enable you to prepare and submit the Use by Special Review application. If you
should need additional time, please contact me to discuss this.
If you have any further questions please contact me at the above address or call (970) 353-6100
ext 3540.
Sincerely,
Sheri Lockman Sharyn Frazer
Planner Code Compliance Officer
02/24/99 16:07 FAX 1 970 532 0231 HIGH COUNTRY IBA a 01
ar
tje 7
HIGH COUNTRY IBA, LLC
0275 Weld Co. Rd.48, Berthoud, CO 80513
Office(970) 532-0244 Fax(970) 532-0251
Jerry, Brian, Carolyn e'r Kevin Hayt
FAX TRANSMISSION
To: Sharyn ]Frazer, CEO Company: Dept. of Planning Svcs.
From: Carolyn and Gerald Hoyt Fax No.: 970-352-6312
Date: 2/24/99 # Pages: 6
Subject: Zoning
Attached please find five pages of information that you requested this morning
regarding our zoning compliance.
02/24/99 16: 13 TX/RX N0.4670 P.001 •
02/24/99 16:07 FA?; 1 970 532 0251 HIGH COUNTRY IBA a 02
Mw
HIGH COUNTRY IBA, LLC of
0275 Weld County Road 48, Berthoud, CO 80513 N . n ✓
Office(970) 532-0244 Fax(970)532-0251 ��v . el)
February 24, 1999 \V� �h� ' c
Sharyn Frazer,ACE° v „k
Code Compliance Officer �1
Dept. of Planning Services
1400 N. 17th Avenue
Greeley, CO 80631
Dear Ms. Frazer:
Thank you for taking the dine to meet with us this morning to discuss zoning and how it relates to our
business. The meeting was very informative and we want you to know that we intend to cooperate fully
in the process of determining whether or not we are in compliance.
The following is information you requested to help your committee with this goal. Please let me know
if there is any other information you need.
L High Country IBA, LLC has been in business since February 1994 and has been in this
location, 0275 WCR 48, Berthoud, since July 1995. Our company is a partnership of three•.
jeny, Carolyn and Brian Hoyt, our son. We have one independent contractor who works for
us as a sales rep.
H. Our business is an agri-business involved in supplying dairy farmers with daily consumables.
Enclosed is a copy of our"call-back" card which lists the products we sell.
III. We deliver these products directly to the dairyman with various vehicles: a '93 Topkiick delivery
truck with a 20' box, a gooseneck trailer pulled by a Dodge pickup truck that is owned by our
independent contractor, and a Chevy Van. We also have a pickup truck that we use to deliver
totes of teat clip. Our customers do not come to our warehouse to pick up product other than
on a rare emergency basis. There are only two of us that go on daily routes. Our trucks do not
have signage, only an IBA logo on one.
W. Concerning truck traffic, let me tell you what a typical day is like. The pickup and gooseneck
trailer will probably come in and out of the property once a day,sometimes once every other
day. The delivery truck may come in and out two or three times a day with the van or pickup
truck as a substitute on certain days. We usually travel on WCR 48 to WCR 3 going east or
on WCR 48 going west the quarter-mile to County Line Rd. and then going south.
As far as tractor trailer truck traffic,we get approximately one truck coming in for delivery of
product each week. The route they travel is I-25 to County Line Road(4 mi.) to WCR 48 (2
mi.)to our house(approxiamately one-quarter mile).
02/24/99 16: 13 TX/RX NO.4670 P.002 S
02/24/99 16:07 FAX 1 970 532 0251 HIGH COUNTRY IBA a 03
Shatyn Frazer
Pg. 2 of 5
V. We provide a service to the dairyman by picking up empty barrels previously containing teat
dip and deanets that we send back to our supplier in California to be refilled. To conceal these
from sight,we have put up 6'high fences near our warehouse on both sides where we store them
until we have enough to send back via truck to California. (see diagram of our property)
VI. We have cooperated with our neighbors in trying to keep down dust from the dirt road we live
on(WCR 48)by paying for dust treatment every year.
VII. The only sign we have on our property is approximately 300' from the road on one of our 6'
high fences near the warehouse, behind the house,which is in the back of our property. It is
4'x S'and it's purpose is to direct deliveries,not to solicit customers driving by. It cannot even
be seen from the road.
VIII. Our property lies on 11 acres with a ranch-style house (2,400 sq. ft.), a warehouse (36'x 72')
which was convened flout a horse barn,and a shed attached to the warehouse(30'x 30'). I have
included a diagram for your information.
IX. Our business complies with section 31.41 as follows:
Farm equipment sales (teat spray systems, claw milking systems, fresh air systems, pulsation
systems, silage inocculant systems,vacuum system parts,pipeline parts, milk tank parts)
Grain and feed sales(milk replacer, fat supplement,veterinary supplies, mineral supplements,
electrolytes, antibiotics)
Let me know if there is anything else you need.
Gerald F. Hoyt, Owner Carolyn M. Hoyt,Owner
02/24/99 16:13 TX/RX NO.4670 P.003
02/24/99 16:07 FAX 1 970 532 0251 HIGH COUNTRY IBA a 04
HIGH COUNTRY IBA, LLC
(970) 532-0244 or (800) 353-1228
CALL BACK CARD
Jerry Hoyt Brian Hoyt Rudy Vanderwal
MY NEXT VISIT WILL BE _
LIQUID CIP DETERGENTS Hera-Gard _1 _5 _15 _30 gal
FC-517 _5 15_30 gal Sani-Clean _5 _15 gal
FC-520 5 15_30 gal _ Bac-Flush 15 _30 gal
Elite 5_ 15 30 gal
MANUAL AND UTENSIL CLEANERS
POWDERED CIF DETERGENTS _ FC-700 10# 35# _100#
FC-505 __50# 100#__400# _ Liquid Dishwash _ 1 gal
FC-509 5090 T 100#__400#
FC-509P _5090_ 100# 400# HOUSEHOLD PRODUCTS
FC-510 504_ 100# _ Laundry Detergent(hvy dty) . 35#
Liquid Hand Soap _qt _gal
SANITIZERS Vanquish Anti-Batt Soap __ 8 oz. gal
_ FS-101 _2# _10# Penetone Hand Cream (7.1 oz-)
Sanipure _1 gal Scouring Pads(10 plc) reg_economy
Chlorine _5 _15 30 gal Stretch-tite —Freeze-tile
Tuff-E-Nuff 25#___50#__ 100#
TEAT DIPS
Uddergold+ _1.5 ._55 gal FILTERS
Ultra-Shield _5 _15 _30 55 gal End of Line size
Extend Barrier _5 _15 _30 gal _ Roll size
Transcend _1 5 _15 30 _55 gal _ Socks size
FS-10311 5 15 30 _55 gal
FS-103X _ Dip or _Spray MILK HOSE a INFLATIONS
_15 __30 55 gal Inflations(rubber) Pro Square
FS-103 55 gal _ Inflations(silicone)
FS-104 _55 gal _ Jetter Cups
FS-10411 _5 _15 30 55 gal _ Milk Hose _Rubber ___Clear
FS-106 _Dip or Spray Size Length
5 15 30 _55 gal Milk Tubes Air Tubes
Bac-Stop _55 gal Pulsator Hose
Revive (Winter Teat Dip) Size Length
5 _15 __55 gal Vacuum Pump Oil_2 1/2;gal_5 gal
Powdered Teat Dip, 5# Aeon Oil, Qt
Ambic Parts
Spray Bottles pt _ t _dbl-mist CALF PRODUCTS
F Y — q Neck Chains "O"Rings
Teat Dip Cups _ Bottles _Brushes_Nipples_Pails
7/60 Energizer 50#
ACID Milk Replacer:
Blitz 1 5 _15 30 gal Medicated Calf Formula _25# _50#
FC-297 1 5 _15 _30 gal Recover Electrolyte 25# `_Calva Lyt EElect 1.5#
FC-298 _1 _5 _15 _30 gal Scour Treatment 25#
FC-301 _1 _5 gal Quick Fix 36 _5#__Pkt
Opti-cap Calf _Vita-Lac Calf
UDDER WASHES Prozyme _Opti-Lyte
FC-98 __1 __-5 __.15 _30 gal
02/24/99 16: 13 TX/RX NO.4670 P.004 In
02/24/99 16:07 FAX 1 970 532 0251 HIGH COUNTRY IBA I j05
ANIMAL HEALTH MISCELLANEOUS
AA Bolus ,T., Milk Quality.Reagent Balling Gun size
AD Gel . Normal Saline Barn Scrapers
Albadry Plus „ Opti-Cap Cattle __._ Brushes
_ Albon Bolus __. Opti-Cap Calf Brooms
Albon Inj. _. Opti-Pyk _ Drum Pump size
Aspirin Bolus Opti-Vit Ear Tags size color
Biologicals „ Oxytet 100 mg. size color
Calcium 23% —. Pen G Procaine Ear Tag Marker
Calcium Bolus �. Rumalax Bolus Forks
Cal Gel Soft Shield _ 1 Gal Dispenser
Calcium Drench Syringes — Handles _
Cannulas TBZ Bolus/Paste _ KarlinHeat Detectors
CMT Paddles _. Tet 324(S#) ___ Kick Stop _ _Springs _�Caps
Copper Sulfate . Tetra Span 200 Leg Bands color
Dextrose Today _ Paintsticks color
Dilator _ Tomorrow Paintsticks color
Erythro 36 Udder Balm __ Shovels type
Erythro Dry ____, Udder Cream — Spigots Udder Sponges
Gallimycin Inj. . Udder Ointment
Hoof'N Heel _ Uterine Bolus MISCELLANEOUS PARTS
Hoof Mate 6.5 oz __20 oz. Boumatic Standard Glass&Gasket
Hypertonic Saline __ Vitamin A&D DeLaval Claw Parts
Kamar Heat Detector __Vit E T Universal Claw Parts
Keto-Aid Drench ___Vit E+A &D Filter Gaskets
Lactobac Gel ___Vit B Complex size/type
Mint Condition 9 oz. _ _ Pipeline Gaskets
Needles size/type
Paintsticks color _ Fresh Air System Parts
Paintsticks color ___. Fresh Air System Filters
Other — Pulsator Repair Kits
Boumatic Surge Surge _Strangko-Westfalia
TOWELS
Sentinal Filters Sentinal Parts
- Cloth _ Superior _ KC Wipes _ Snaps size/type
- Dispenser Type _ Stainless Steel Clamps
size/type
PESTICIDES
Atroban 11 %EC LD-44 Spray
Dairy Mist 6.25 oz. —, Fly Bait IF THERE IS SOMETHING YOU NEED THAT IS
Dust Bag(empty) _ Corral Dust
Spray Kill Sticky Roll NOT ON THUS LIST,PLEASE INDICATE BELOW
Maxi-Fogger
PROTECTIVE WEAR -
Aprons type _
Boots _ type size
Boots type size - —
—
Latex Gloves _ size size
Nitrite Gloves size size
Winter Gloves , leather size - —
Winter Gloves Kinco size
Other Gloves size
Milker Sleeves —Blue Yellow Rev. 11/98
WE NOW STOCK UDOE1RGOLO+ AND
MICROBIALS_ Lagoon Septic Drain LeCROSSE BOOTS!!
02/24/99 16: 13 TX/RX NO.4670 P.005 II
02/24/99 16:07 FAX 1 970 532 0251 HIGH COUNTRY 1BA _ Q 06
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02/24/99 16: 13 TX/RX NO.4670 P.006
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 8063t
Phone: (9701 353-6100, Ext. 3540
C. Fax: (970) 352-6312
COLORADO
February 2, 1999
•
Gerald and Carolyn Hoyt
275 Weld County Road 48
Berthoud, CO 80513
Subject: VI-99000 1, Part of the SW4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Hoyt:
Thank you for calling me so promptly this morning. As we discussed, I have enclosed copies of Section 30, from
the Weld County Zoning Ordinance, that covers uses allowed by right and uses requiring a special review permit
in the A (Agricultural) zone district. Please review this information and call me to discuss exactly where your
business is described.
Thank you for your cooperation in this matter.
Sincerely,
Sharyn Fra r, ACED
Code Compliance Officer
pc: VI-9900011
SERVICE,TEAMWORK,INTEGRITY,QUALITY
TABLE OF CONTENTS
SECTION PAGE
30 ZONE DISTRICTS 30- 1
31 AGRICULTURAL 30- 1
32 RESIDENTIAL 30-6
33 COMMERCIAL 30-15
34 INDUSTRIAL 30-26
35 PUD (PLANNED UNIT DEVELOPMENT) 30-34
36 ESTATE 30-36
30 Zone Districts
31 A (Agricultural) District
31.1 Intent of the A(Agricultural) District.
Agriculture in Weld County is considered a valuable resource which must be
protected from adverse impacts resulting from uncontrolled and undirected business,
industrial and residential land USES. The A District is established to maintain and
promote agriculture as an essential feature of Weld County. The A District is
intended to provide areas for the conduct of agricultural activities and activities
related to agriculture and agricultural production without the interference of other,
incompatible land USES. The A District is also intended to provide areas for the
conduct of Uses by Special Review which have been determined to be more intense
or to have a potentially greater impact than Uses Allowed by Right. The A District
regulations are established to promote the health, safety and general welfare of the
present and future residents of Weld County.
31.2 Uses Allowed by Right in the A District.
No BUILDING, STRUCTURE or land shall be USED and no BUILDING or
STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained
in the A District except for one or more of the following USES. Land in the A District
is subject to the schedule of Bulk Requirements contained in Section 31.5. USES
within the A District shall also be subject to the additional requirements contained in
Section 40, Supplementary District Regulations and Section 50, Overlay Districts.
31.2.1 One (1) SINGLE FAMILY DWELLING UNIT and AUXILIARY QUARTERS per
LEGAL LOT.
31.2.2 One (1) SINGLE FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a
parcel of land created under the provisions of Section 11 of the Weld County
Subdivision Ordinance;
31.2.3 FARMING, RANCHING AND GARDENING;
31.2.4 Cultivation, storage, and sale of crops, vegetables, plants, flowers, and nursery stock
raised on the premises.
31.2.5 TEMPORARY storage, in transit, of crops, vegetables, plants, flowers, and nursery
stock not raised on the premises and not for sale on said premises;
31.2.6 Cemeteries;
31.2.7 Grazing of Livestock;
31.2.8 Feeding of LIVESTOCK within the limitations defined in Section 31.5, Bulk
Requirements and Section 47, Livestock Feeding Performance Standards.
31.2.9 OIL AND GAS PRODUCTION FACILITIES;
31.2.10 PUBLIC parks PUBLIC recreation facilities;
31.2.11 PUBLIC SCHOOLS, and PUBLIC SCHOOL extension classes;
30-1
31.2.12 UTILITY SERVICE FACILITIES;
31.2.13 Alcohol production which does not exceed 10,000 gallons per year provided that
alcohol and by-products will be used primarily on the owners or operator's land;
31.2.14 Temporary group assemblages (subject to the Weld County Ordinance pertaining
to temporary group assemblages);
31.2.15 Asphalt or concrete batch plant used temporarily and exclusively for the completion
of a PUBLIC road improvement project;
31.2.16 MOBILE HOME subject to the additional requirements of Section 43;
31.2.17 Police and Fire Stations or Facilities;
31.2.18 Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC
road improvement project;
31.2.19 MANUFACTURED HOME subject to the additional requirements of Section 46;
31.2.20 ANIMAL BOARDING where maximum number of ANIMAL UNITS permitted in
Section 31.5.4 is not exceeded and where the vehicular traffic generated by the
boarding activity is less than 60 trips per day to and from the property; and
31.2.21 One microwave, radio, television, or other communication transmission or relay
tower 70 feet or less in height per LOT. However, while in use, an amateur(HAM)
radio operator's crank-up antenna may be extended to a maximum of 150 feet in
height provided that its resting or"down"position does not exceed 70 feet in height.
More than one tower may be permitted as a Use by Special Review.
31.2.22 Disposal of domestic sewage sludge subject to the additional requirements of
Section 48.
31.2.23 Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements of
Section 49.
31.3 Accessory Uses in the A District. The following BUILDINGS, STRUCTURES, and
USES shall be allowed in the A District so long as they are clearly incidental and
ACCESSORY to the USES allowed by right in the A District. Such BUILDING,
STRUCTURES and USES must be designed, constructed, and operated in
conformance with the Bulk Requirements contained in 31.5. ACCESSORY USES
within the A District shall also be subject to the additional requirements contained in
Section 40, Supplementary District Regulations and Section 50, Overlay Districts.
Note: The GROSS FLOOR AREA of ACCESSORY BUILDINGS constructed after
the effective date of this Ordinance on LOTS in an approved or recorded subdivision
plat or LOTS part of a map or plan filed prior to adoption of any regulations
controlling subdivisions of less than ten (10) acres shall not be larger than one
thousand five hundred (1,500) square feet per BUILDING.
31.3.1 STRUCTURES for storage of equipment and agricultural products;
31.3.2 BUILDINGS for confinement or protection of LIVESTOCK, within the limitations
defined in Section 31.5, Bulk Requirements;
30-2
31.3.3 MOBILE HOMES used as SINGLE FAMILY DWELLINGS for persons customarily
employed at or engaged in FARMING, RANCHING, or GARDENING subject to the
additional requirements of Section 43;
31.3.4 HOME OCCUPATIONS;
31.3.5 OFFICE incidental to the operation of the Uses Allowed by Right as listed in Section
31.2;
31.3.6 MOBILE HOME subject to the additional requirements of Section 43;
31.3.7 Roadside stands when the products offered for sale are grown on the premises.
Such stands shall be situated not less than fifty (5) feet from the PUBLIC right-of-
way.
31.3.8 SIGNS, in conformance with the provisions of Section 42;
31.3.9 NONCOMMERCIAL JUNKYARD
31.3.10 Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation
of a Use Allowed by Right in the A District.
31.4 Uses by Special Review in the A District.
The following BUILDINGS, STRUCTURES and USES may be constructed,
occupied, operated, and maintained in the A District upon approval of a permit in
accordance with the requirements and procedures set forth in Section 24, Uses by
Special Review.
31.4.1 Mineral Resource Development facilities including:
*OIL AND GAS STORAGE FACILITIES
*OIL AND GAS SUPPORT AND SERVICE
*Open pit MINING and materials processing, subject to the provisions of Section 44.
*Asphalt and concrete batch plants
*Coal gassification facilities
* MINING or recovery of other mineral deposits located in Weld county, subject to
the provisions of Section 44.
31.4.2 Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including;
* Sorting, grading and packing fruits and vegetables for the grower
• Grain and/or feed elevators
• Crop dusting or spraying operations facilities (includes hangars, landing
strips, fertilizer storage facilities, and offices ACCESSORY to the crop
dusting or spraying operation)
• Farm equipment sales, repair, and installation facilities
• Veterinary clinics or hospitals
• Grain and feed sales
* Commercial grain storage and drying
• Fertilizer storage, mixing, blending, and sales
• Seed production, processing, storage, mixing blending and sales
• Animal training and boarding facilities
30-3
* Alcohol production exceeding 10,000 gallons per year or the sale or loan of
alcohol occurring to any other person not involved in the alcohol production
operation
* Animal waste recycling or processing facilities
• Custom meat processing
• LIVESTOCK sale barns and facilities
• Forage dehydration facilities
• LIVESTOCK CONFINEMENT OPERATIONS
31.4.3 Recreational facilities and USES including:
• Race tracks and race courses
* DRIVE IN THEATERS, subject to the provisions of Section 45.7
* Golf courses
* Shooting ranges, subject to the provisions of Section 45.3
* Guest farms and hunting lodges
• Fairgrounds
• PUBLIC, commercial, or private tent or RECREATIONAL VEHICLE
camping areas
31.4.4 PUBLIC utilities facility including:
* Equipment storage or repair facilities, subject to the provisions of Section
45.8
• Storage tanks, subject to the provisions of Section 45.8
• MAJOR FACILITIES OF PUBLIC UTILITIES, subject to the provisions of
Section 45.8
31.4.5 PUBLIC and quasi PUBLIC BUILDINGS including:
* Churches
• Private schools
• Administrative OFFICES or meeting halls for agricultural organizations
31.4.6 AIRPORTS, and AIRSTRIPS;
31.4.7 JUNKYARDS or salvage yards;
31.4.8 KENNELS, subject to the additional requirements of Section 45.6;
31.4.9 Solid Waste Disposal sites and facilities, subject to the additional requirements of
Section 45.4;
31.4.10 Keeping, raising, boarding of EXOTIC ANIMALS;
31.4.11 One or more microwave, radio, television, or other communication transmission or
relay tower over 70 feet in height per LOT;
31.4.12 ONE (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted
under Section 31.2.1 of this Ordinance;
31.4.13 MULTI-FAMILY DWELLINGS for persons customarily employed at or engaged in
FARMING, RANCHING or GARDENING;
31.4.14 Expansion or extension of NON-CONFORMING USES.
30-4
31.4.15 HOME BUSINESS;
31.4.16 ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than one thousand
five hundred (1500) square feet per BUILDING on LOTS in an approved or recorded
subdivision plat or LOTS part of a map or plan field prior to adoption of any
regulations controlling subdivisions;
31.4.17 ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in
Section 31.5.4 are exceeded and/or the traffic that is general by the boarding activity
exceeds 60 trips per day to and from the property; and
31.4.18 Any use permitted as a use by right, an accessory use, or a use by special review
in the Commercial or Industrial zone districts provided the property is not a LOT in
an approved or recorded subdivision plat or LOTS parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions. PUD development proposals
shall not be permitted to use the special review permit process to develop.
31.4.19 CHILD CARE CENTER
31.4.20 BED AND BREAKFAST FACILITY
31.4.21 USES similar to the USES listed above as Uses by Special Review as long as the
USE complies with the general intent of the A District.
31.5 Bulk Requirements. The following lists the Bulk Requirements for the A District.
31.5.1 Minimum LOT size 80 acres
31.5.2. Minimum SETBACK 20 feet
31.5.2.1 Fences are not required to comply with the minimum SETBACK and may be located
on the property line. Fences located on corner lots abutting public rights--of-way shall
not obstruct the view of vehicular traffic at an intersection.
31.5.3 Minimum OFFSET
3 feet, or one foot for each 3 feet for BUILDING HEIGHT, whichever is greater.
31.5.3.1 Fences are not required to comply with the minimum OFFSET and may be located
on the property line.
31.5.4 Maximum number of ANIMAL UNITS permitted per acre 4 per acre or portion
thereof.
30-5
(it‘....?,,z,
\ DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
I 1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
C,. Fax: (970) 352-6312
COLORADO
January 26, 1999
Gerald and Carolyn Hoyt
275 Weld County Road 48
Berthoud, CO 80513
Subject: VI-9900011, Part of the SW4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Hoyt:
It has come to the attention of the Department of Planning Services'staff that the uses on your property(275 Weld
County Road 48) may not be in compliance with the Weld County Zoning Ordinance. The potential
noncompliance with the Zoning Ordinance is the possible operation of a commercial activity including semi-
trucks hauling in and out of the property located on the A (Agricultural) zone district.
Please call me within five working days of the date of this letter to review these concerns with me.
Sincerely, •
14)
haryn Fr r, ACED
Code Corn fiance Officer
pc: VI-9900011
SERVICE,TEAMWORK,INTEGRITY,QUALITY
PERMITS Id: ACTP124 Keyword: UACT User: SFRAZER 01/26/99
Activity Full Description Maintenance Violation
Permit No: VI-9900011 App.icant: HOYT GERALD F & CAROLYN M
Status: COMPLNT Address: 275 WCR 48 WEL
Full Work Description
Description: Page No: 1
SOME TYPE OF DAIRY SUPPLY BUSINESS
HI-COUNTRY IBA? 3-5 SEMI TRUCKS HAULING IN
AND OUT OF THE PROPERTY AT ALL HOURS.
EMPLOYEES?
F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint
PERMITS Id: ACTP125 Keyword: UACT User: SFRAZER 01/26/99
Activity Table Processing Violation
Permit No: VI-9900011 Applicant: HOYT GERALD F & CAROLYN M
Status: COMPLNT Address: 275 WCR 48 WEL
Type: VIO Vers: 9601 Screen: 01
Base Information
Parcel No: 1061 06 000007
Owner: HOYT GERALD F & CAROLYN M
Status: COMPLNT Written By: SEF Sec/Twn/Rng: 06 04 68
Description: SOME TYPE OF DAIRY SUPPLY BUSINESS
Location: 275 WCR 48
Zoning Dist: A Permit Num:
App Type: VI (BCV=BLDNG VIII, V1=ZONING VIO, WCV=WELD VIO "bcv + vi")
Class Code: VI-13
use not allowed
Complaint: 1/26/1999 Init: SEF NO VI: / / Init:
5 Day Letter: 1/26/1999 Init: SEF
Issued: / / 'nit:
Inspection: / / Init:
BCC Vio: / / Init:
Court: / / 'nit:
Closed BCV: / / Init: Closed VI: / / Init:
F7=Update, F2=Previous Line, F1=Screen Index, ESC=CanceL Update
PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 01/26/99
Parcel General Information Mainteiance
General Parcel Data Maint - Action: Update Record
Parcel No: 1061 06 000007 Rg Ts Sec : 680406
Status: A Active Retired(Y/N): N
Street Address: 275 Dir: SC: WCR 48 City: WEL
Situs Location: 275 48 CR WELD
Legal Desc: 25697-A PT SW4 5 4 68 S2 OF FOL DESC TR LYING W 0
Acres: 8.75
X-COORD:
Y-COORD:
Tax Rate Area: 2001
Assr Use Code: 4657486 Assessed/Exempt:
Pub Owned(Y/N): N
Primary Owner: HOYT GERALD F & CAROLYN M Phone:
Mailing Addr: 275 WELD CO RD 43
BERTHOUD CO
Zip: 80513
Contract Owner: Percent/Ownership: .00
F7cWrite Record, F2tAl low Fractions, ESCKCancel
• u aock M,_
jr�� AR2V�J7S8Q _ Recorder.
,.` ` WARRANTY DEED
W
1� THIS DEED, Mace this 14th day of July ,
19 95 . between KENNETH W. THOMAS AND SUSAN K. THOMAS
•
2O of the 'County of WELD and
‘j ) State of Colorado, grantor, and GERALD F. HOYT AND CAROLYN M.
+(zs` HOYT} to/hOse legal address is < co C C/'6 a7 6. , f-�-a'��-uc° ,e6 __..
gosl 3
of the County of w t i_I. and State of Colorado, grantees.
WITNESS, that the grantor,for and in consideration of Ute sum of TWO HUNDRED EIGHTY FIVE THOUSAND AND
NO/100 DOLLARS,
• the receipt and sufficiency of which is hereby acknowledged,has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell,convey and confirm unto the grantees,their heirs and assigns lorever,not in tenancy in common bra in Iona tenancy,
A all the real property,together with improvements, if any, situate, lying and being in the County of
WELD and State of Colorado,described as knows:
A TRACT OF LAND BEING ALL THAT PART OF THE SOUTH ONE-HALF OF THE FOLLOWING
DESCRIBED TRACT: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 6, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M. ; THENCE WEST 1553.5
FEET, THENCE NORTH 0 DEGREES 58 MINUTES EAST, 1128.5 FEET; THENCE EAST 1534.5
Q FEET, THENCE SOUTH 1128.5 FEET TO THE PLACE OF BEGINNING, AND LYING WEST OF THE
CENTERLINE OF THE MCINTYRE LATERAL DITCH, COUNTY OF WELD, STATE OF COLORADO.
C 2447580 B-1502 P-618 07/21/95 11:06A PG 1 OF 1 REC DCC
Weld County CO Clerk Az Recorder 6.00 28,50
C also known by street and •camber as 0275 WEST COUNTY ROAD 48
.� BERTHOUD, COLORADO 80513
TOGETHER with all and singular the hereditamenis and appurtenances thereunto belonging, or in anywise appertaining and the
reversion and reversions, remainder and remainders, rents, issuesand profits thereof, and all the estate, right, tale. inluresi, dui' i and
demand whatsoever of the grantor, either in law OF equity,ol, In and to the above bargained premises, with Ile heredaamunls Sid
appurtenances. ,
TO HAVE AND TO HOLD the said premises above bargained and desenbed,with the appurtenances, units the grantcus, their
heirs and assigns forever. And the gramor,tor hurisoll, his heirs and personal representatives, does covenant, grant, bargain and agree
to and with the grantees, their heirs and assigns, that at me tune of the ensealing and delivery of these caesuras. he Is wall seized on
the premises above conveyed,has good, sure, ponect,absolute and indefeasible estate of inheritance. in law, in fee supple, and has
good right, full power and lawful authority to grant, bargain, sell and convoy the same in manner and norm aforesaid, and that the sawn
a
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DEPARTMENT OF PLANNING SERVICES
COMPLAINT REPORT
'"D C.
COLORADO
W ZONING COMPLAINT Complaint Initia d by
o BUILDING CODE COMPLAINT O Staff Citizen E! Other
Legal Description: fay_ 43,0 A` - 4- t$ Parcel# 1641 o F4 MOOD 7
Violation Address: p? 75wt.,- 48 ey)4416v4 1 Pios
J ' 3
Property Owners Name: �
IGAct c t� f 4 7U1 y f Phone#
Property Owners Address: -iiijalLALCULnkt
„ ^
Tenant's Name: Phone#
Tenant's Address:
NATURE OF COMPLAINT: C,pft flM k !S ��, . n�Qtd Int t nkj10,,an ) ,
$SLCAA _h- �I`^^�ruy {�-s rc) c1)1,,1,I
r s
,�-
l Io' na- 7
Zoning Complaint Referred To: Date: l ' - Cic
Building Code Complaint Referred To: Date:
ACTION OF INVESTIGATOR Date of Inspection:
Inspection of the property indicates:
❑ No violation of the Weld County 0 Zoning Ordinance/ O Building Code Ordinance
0 Violation of the following sections of the Zoning Ordinance
0 Violation of the following sections of the Building Code Ordinance
ACTION ON COMPLAINT
O No Action Taken/No Violation 0 Violation File Started
Date:
Date:
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