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Home My WebLink About990921.tiff Planning Staff is asking the Board of County Commissioners to consider the application for changing ZPMH-876 from an accessory to the farm to a ZPMH for a medical hardship because of the concerns staff has with lack of documentation for the use. On August 13, 1998 Planning Staff approved a Recorded Exemption for Leroy Johnson. As a condition of approval for Recorded Exemption-2308 Mr. Johnson was required to submit evidence to the Department of Planning Services verifying that the occupant of the mobile home permitted by ZPMH-876 for temporary accessory farm use is principally employed at or engaged in the farming operation on the subject property, in accordance with Section 43.2.3 of the Weld County Zoning Ordinance. However, Planning Staff did not believe the documents submitted by Mr. Johnson substantiated the use of the mobile home as a accessory to the farm. The occupant of the mobile home is in fact principally employed with the Colorado Air National Guard. Mr. Johnson has applied to change the use of the existing ZPMH to a medical hardship. Section 43.2.4.1 .1 of the Weld County Zoning Ordinance requires documentation from a medical doctor or other evidence deemed suitable that the subject is physically impaired and requires full-time care. The letter submitted by Dr. David Ewing did address the fact that Mr. Johnson is physically impaired but does not say the occupant of the mobile home will be in any way associated with Mr. Johnson's care. Staff believes that insufficient evidence has been provided to substantiate either the ZPMH for an accessory to the farm use or the ZPMH for medical hardship. Staff requests a decision from the Board on this matter. 990921 MOBILE HOME ZONING PERMIT lupeADMINISTRATIVE REVIEW COLORADO PLANNER: Sheri Lockman HEARING DATE: April 26, 1999 CASE NUMBER: ZPMH-876 APPLICANT: Leroy Johnson ADDRESS: 16143 Barley Avenue Ft. Lupton, CO 80621 REQUEST: This is a request for a Permit for a Mobile Home as a temporary Accessory Farm Use LEGAL DESCRIPTION: Pt. N2 of Section 25, T5N, R65W of the 6th P.M., Weld County, CO. PARCEL NUMBER: 0961 25 000036 Water PARCEL SIZE: 74 Acre ZONE DISTRICT: A (Agricultural) WATER SOURCE: Central Weld County Water District SEWER SOURCE: Septic system The Department of Planning Services' staff has reviewed this request and has concerns for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 43.2.3 of the Weld County Zoning Ordinance, as follows: A. Section 43.2.3.1.1 -The MOBILE HOME will be occupied by persons principally employed at or engaged in the operation of the USE where the MOBILE HOME is located. The occupant of the mobile home is principally employed with the Colorado Air National Guard. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 43.2.3 of the Weld County Zoning Ordinance, as follows. A. Section 43.2.3.1.3-The MOBILE HOME will not be used as an income source by the applicant for rental to persons who are not principally employed upon the LOT. B. Section 43.2.3.1.2 The MOBILE HOME is necessary for the effective and economic operation of the USE and/or protection of the agricultural USE. C. Section 43.2.3.1.4-Adequate water and sewage disposal facilities are available to the MOBILE HOME. The Department of Planning Services' staff recommends the following conditions be attached to any Board of County Commissioners approval. 1. In accordance with Section 43.2.3.4 of the Weld County Zoning Ordinance, all zoning permits for mobile homes as accessory farm uses are temporary and are subject to review annually on the anniversary of the original permit's issuance. The applicant shall submit evidence to the Department of Planning Services verifying that the occupant of the mobile home for temporary accessory farm use is principally employed at or engaged in the farming operation on the subject property, in accordance with Section 43.2.3 of the Weld County Zoning Ordinance. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. fiSS\f CO* MOBILE HOME ZONING PERMIT Winne ADMINISTRATIVE REVIEW COLORADO PLANNER: Sheri Lockman HEARING DATE: April 26, 1999 CASE NUMBER: ZPMH-876 APPLICANT: Leroy Johnson ADDRESS: 16143 Barley Avenue Ft. Lupton, CO 80621 REQUEST: This is a request for a Permit for a Mobile Home for a medical hardship LEGAL DESCRIPTION: Pt N2 of Section 25, T5N, R65W of the 6th P.M., Weld County, CO. PARCEL NUMBER: 0961 25 000036 Water PARCEL SIZE: 74 Acre ZONE DISTRICT: A(Agricultural) WATER SOURCE: Central Weld County Water District SEWER SOURCE: Septic system The Department of Planning Services' staff has reviewed this request and has concerns for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 43.2.4 of the Weld County Zoning Ordinance, as follows: A. Section 43.2.4.1 -A medical hardship exists in which the person to be living in the MOBILE HOME requires the supervision and care of those persons residing in the principal DWELLING UNIT on the property (or the reverse). Documentation of the medical hardship shall be established in a letter from the subject's medical doctor or other evidence deemed suitable by the Department of Planning Services. The letter shall be submitted as a part of the zoning permit application and shall verify that the subject is physically impaired and requires full-lime care. The letter submitted by Dr. David Ewing did address the fact that Mr. Johnson is physically impaired but does not say the occupant of the mobile home will be in any way associated with Mr. Johnsons care. B. Section 43.2.4.1.2-There is no reasonable alternative available to the applicant for the care of a person who needs medical supervision. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 43.2.4 of the Weld County Zoning Ordinance, as follows: A. Section 43.2.4.1.3-Adequate water and sewage disposal facilities are available to the MOBILE HOME. away" zd t� DEPARTMENT OF PLANNING SERVICES If lig Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 W� ' Phone (970) 353-6100, Ext. 3540 c Fax (970) 352-6312 COLORADO February 2, 1999 L. Johnson Farms 25938 WCR 47 Greeley, CO 80631 • Dear Mr. Johnson: As a condition of approval for Recorded Exemption 2308 you were asked to submit evidence to the Department of Planning Services verifying that the occupant of the mobile home permitted by ZPMH-876 for temporary accessory farm use is principally employed at or engaged in the farming operation on the subject property, in accordance with Section 43.2.3 of the Weld County Zoning Ordinance. Subsequently you submitted three different employment agreements to satisfy this condition. Although these employment agreements clearly show Mr Ervin is employed by L. Johnson Farms they fail to demonstrate that Mr. Ervin is principally employed at or engaged in the farming operation. The Zoning Ordinance does not differentiate between civilian and military employment, therefore it appears Mr Ervin is principally employed by the military. At a work session with the Board of County Commissioners on February 22, 1999 Planning Staff will be requesting the following change to clarify the Weld County Zoning Ordinance: 43.2.3.1.1 The MOBILE HOME will be occupied by persons principally employed at or principally engaged in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of the mobile home shall be established and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant or property owner by the first of each year for review and acceptance by the Department of Planning Services verifying that the mobile home occupant(s) is principally employed at or engaged in the farming operation on the subject property. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the MOBILE HOME for TEMPORARY ACCESSORY Farm USE. We are well aware of the difficulty in meeting conditions associated with land use cases, and are willing to work with all of our clients. I have included a copy of the staff recommendation for your review, and will be available to answer any questions and concerns you have. If I do not hear from you in three weeks you will be receiving information concerning the violation hearing process. If you have any questions please contact me at the above address or call (970) 353-6100 ext. 3540. Sincerely, S (AM. Sheri Lockman Planner 0 DEPARTMENT SERVICES RECORDED E EMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: Leroy Johnson Case Number RE-2308 Planner: SL Legal Description: NE1/2 of Section 25, T5N, R65W of the 6th P.M., Weld County, CO. Parcel Identification Number: 0961 25 000040 &0961 25 000036 Lot C Size: N/A Lot B Size: 74+/-acres Lot A Size: 26+1 acres Water Source: Central Weld County Water District Sewer Source: Septic System n Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 11 8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. In accordance with Weld County Public Works Ordinance #180, Lot A shall be granted one residential/agricultural access. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. Lot 7 B shall utilize the existing residential and agricultural access points on the south side of the lot .The � applicant shall submit evidence to the Weld County Planning Department that the circle drive and additional accesses have been closed to the satisfaction of the Weld County Public Works Department. B. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. C. A total of 40 feet from the centerline of Weld County Road 54 right-of-way reservation for future expansion of Weld County Road 54 shall be delineated on the plat. D. The applicant shall submit evidence to the Department of Planning Services verifying that the occupant of the mobile home permitted by ZPMH-876 for temporary accessory farm use is principally employed at or engaged in the farming operation on the subject property, in accordance with Section 43.2.3 of the Weld County Zoning Ordinance. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. E. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All mobile homes as accessory farm uses are temporary. Allowance of the mobile homes shall be extended only if the use continues to be in conformance with the criteria set out in Section 43.2.3.1.1 of the Weld County Zoning Ordinance. The mobile homes shall be removed from the property upon the cessation of the use of the mobile home as an accessory farm use or at any such time as the mobile home is used for other than the allowed use. 4) Prior to the release of building permits on Lot A, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees By 'I(dI'(L ,7-A0 Date August 13, 1998 Sheri Lockman •: Current Planner • WEAL! COUNTY INSPECTION DEPARTMENT ,.... PERMIT NUMBER NUMBER GREELEY, COLORADO 80631 r. r • 62096125000036 00 0 'TELEPHONE 356-4000 EXT. 425 /781 ?Y-oo?a TELEPHONE NO r B IL.E HOME OWNER HAROLD LEROY JOHNSON JR 3033O330--:'A i 0 MAILING ADDR 25000 WCR 47, GREELEY, CO PROPERTY OWNER JOHNSON HAROLD L 6: PHYLLIS Fi 25938 CO RD 447 GREELEY CO) 90t5'31 \N* c) LICENSE NO ELECTRICAL CONTRACTOR RAYBURN ELECTRIC --. . � c \ ��i , ADDRESS OR DIRECTION TO JOE SITE \ 25900 WCR 47 SLIM VISION LOT BLOCK CENS`)S TRACT ZOU!NG O15Th I.0... 1.._ .. ZONING APPROVA (`1 LEGAL OESc;H,PTI(1N12S6 PT OW4 r: `�, 5 6Sl CrION 25 T 0 P. C' ! DISTANCE FROM .OT LINES N l'1{i'.)(Z ) S 00000 F !)0000 W ' f'�000 _L e.._ t C� t t l �. RE_•l•IgEDS 1 (El) �Jv E ti?.. � �� "., ai • TYPE Of .Mf.NOV(.1.1ENT t IH-ACliES.1 FARM -..... _ .. . . ...._.......................... ...........»»......._..._._...__.._. .. OWNERSHIP PRIVATE OWNER PROPOSED USE -RESIDENTIAL L ALt!F 5 FEE $ rFE S MH-ACCESS FARM 47 >00 ,00 WIBILE HOI.!E ..* O. W.) .) I_'.:'FLJCB 30.00 PLAN CHECK tl(.) ELt '�I;1 CO':STcI 'TIoN METER ,,00 OTHER PERMAN.E%- r:STER .00 '1936'7:7 05/30/84 TOTAL HQ 00 OFSCI.. •. •OF I4OPOSEI)USE l.j..l ,,. ., , rig:("i:" ,`.: MH•-BROWN AND R::::iI . •.i':1(t I'I... HOME ..j4 :C) GIVEN 1 I..I:. I I(}i`lf:. MAKE SERIAL ,..I ` ', I Ur T .I ON LIST' C�OR II ' ... 1 LJSn I,_ 9e-4 $4 . . itf-)Il.tl.6iM,S (:!(•CUI"'i`rN i•5 SIZE: ;� 1 HOMES 02 LENGTH 50 WIDTH I:..`I A H(..MES PRINCIPAL HEATING FUEL PA,'u:•1•c. C:)tJ5'R.:el:ON + NA r . Gel.S _........ .. • SEPTIC PERM'T 1,aE J` :i;:=S'•"PLY WE LL PERMIT 1'cPE Jc SEVbAiG DISPOSAL TJJMbF YaE R.I cST ONE NUMBER ( 1 N UkA! WELD=f! i'',i._ NAME t:':_'.r.; ,dN ES 000 BUILDING I•,EIC, . •:,•;}t)!.: I n;:mJ.::F.:I�'t �' +,i,1 Pi'+'J•:.'e I'lF ,1I:�A SLUE PRINT ON FI E '•ESIOE�'TIAL USE ONLY NUM IEM CI BEDROOMS 1-'jW ER'.i RA'HROJM5 AC:GESS ACRES I I.:.xl.S1'.L'NC I/ .. .i...'I — rtTSIGNATJRF OF PPL!(';AP!; AVPLICATICFt DATE F ;1=4.....,E READ THE NOTICE ON THE REVERSE SIDE 1 ^ , Eir.�ORE 1.4AY.;NGTti15A.PPLHL%N• 0 .30...21 ' 2'1. • -.---_-_...�_..__.----..--._ _. ._�.. ------_ qPF V Q E;Y APPROVAL.C1A7'(E`�- , , .!tJ ttt A ..ft at.•- i.v... 3!-re e: .it:tf,• 2 H..;;•!:::r. l::reelesy,! Colorado 30!=:...,1. Plion_ 356-4c:(;J Ext. O+(..111 _ :.r. 'i - Complete ail items �i hoch sides . Mart'; v': c 1,4.erC api,lic”b . 1 EHO:t`_ - .„,r...\_ . _�._ __ a - tea":7 �_ _ •::E;& `` � PHONE _ \-t-O i.o�1 ':%..)r`Lan SP a - a 9 _ ``,", "? 4 DP7tiE c� -5 'I 3 s 0, o c ,4. 1t ,Y--ec... 37..:-_-}__ p a Cr 3 i .,... _•.Y - STATE - LIP LOTL( G: ISUSC:T`tSION :CAL DESCP'TION CN, s U _ - Y'r_te ki_LI.L./4 Se.ct ion 3 m L .r ii, rs. (4 w. To t.II. ri:,: -, Q0 .A.4r 1 ation for zon:n_; ...:er lit is lade for: Staff Approval r Board ::.f Cour,:.y (;.mmis.+ i^-:erg. .;7pr^..•a;. :] Temporary Use During C:`rii eruct icn [3 U:e °may r`.rt 13 ror:h:. 21.1ring , - of a residence of a residence S rl 1=mp-)rory Storage n Extersl..'n Beyond 6 rv-Ile:'3 i:;i T'_. :-or.ir•: 1 Storag f3 Accessory to Farr: 574 More than on^: MH ac •,ti:-' ::o Farm 1 [3 Accessory Use as 311 Off.ce O :"(Ore than i;ce :it: rr.:c _':Sort' :.-3 as + an Office O Accessory Use in C.: or. I 'one �District • t - 0 More than one '';ti .;s .- sr-J '..,se in i C or I Zone O -iri t .Temporary Use dl.lri :i.. .!e 1:..:.t.: Hit..' 13", • 7 • u Accessory structure j L_.! Principal Dwe 11 inF The above requires an App: icatlon fee of • ahe abo'; requzr s .::1 :,..,::.,.i4. -.t.,.,-)r, f::e .af : TYPE OF. SENACF DiSPO:.yi. ..• - TYPE OF 'v:.;7^ . :-.;'.m....; O. Public or private company: - (Pub:icor riv. 'c.;:,•'p.7y: • 1 ,31. .Septic. Tipik — Permit. # ...El Individual (well., cistern) } -- ' ti". . ':Well Permit t.0 _ _ •Copy Attached: Yes O Nc, Co .',r .... f DEPARTMENT OF PLANNING SERVICES USE ONLY . ZONING DISTRICT 2ONIN.., PER'ILT NUM3Ei:__.. _�..__�- - ti, APPLICATION FEE PAD. jRECE1PufflKRECEIPT `1AIT, � ' APPROVED EY: 0 Staff O 3:err et. County (.;ummiz-:a:on�* _ H :ini; ►1i.t ?�w__-________—: .:. ' ? !sSUED 'BY: - . i A sketch plan is required as part of ±':e aoolication review. Please attach a sketch plan of the site at the scale on one inch represents fifty feet or other suitable scale to show the proposed location of the mobile home, including distances from the pro er t; lires and other structures on the property; access to the mobile home, indicating whether the .ac:es is existing or proposed; location and measurements of any easements or right—of-ways; and any existing structures on the property. Sketch Plan attached: Yes fp No O • Deed or contract attached: Yes Ea No O ',hat housing is available on the property and what is its present use? (ti,y.•,�:'J-7)w Yt.i.ri:� _.1. 71.�� f Cr,Cn n How many mobile homes are on this property at the present time? 1 TEMPORARY USE DURING CONSTRUCTION OF A RESIDENCE i Building Permit Number _ Date Building Permit Issu.ed_ 1 Zoning Permit valid for r months from date of issue. i Zoning Permit issued Valid from to 5 1 RENEWALS: . I FIRST — From to Fee: Reviewed & Approved_•SECOND —From t o Fee: Reviewed & Approved 3 ACCESSORY FARM USE I Type of farming operation on property' u /rt. d _ t' Number of Livestock „5,0 ,�n�._ J r {) Average_ nuer per •year _.^._.� L _ c0 Acres Irrigated jO, Ac i es Dryland Acres Pasture _— Number of employees now emplovi Full time: Part tine: ACCESSORY USE IN C OR I. ZONE DISTRICT Type of commercial or industrial activity on property: Full time: ` Number of employees: / 6-- Part time :: �� Mobile home will. be used for: , C - _- IGNATURE OF APPLICANT APPLICATION I). "TF 1 BUILDING PERMITS ARE REQUIRED FOR ALL MOBILE HOMES IN ADDITION TO THE 7.t>N1NG r':..RYiT F:!7? MOBILE HOMES. THE BUILDING PERMIT MAY BE OBTAINED FROM THE BUILDING INS!ECTioN !?'.VISION , ROOM 342, CENTENNIAL CENTER, 915 10th STREET, GREELEY, COLORADO b0631 , PHONE ••3'1^ EXT. 4425, AFTER APPROVAL OF THE ZONING PERMIT. FIELD CHECK inspection date: 7/24/1998 CASE NUMBER: ZPMH-876 APPLICANT: Leroy Johnson LEGAL DESCRIPTION: Pt. N2 of Section 25, T5N, R65W of the 6th P.M., Weld County, CO. LOCATION: South of and adjacent to Weld County Road 54 and east of and adjacent to Weld County Road 47 Zoning; Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E S A (Agricultural) S Agricultural (pasture with cattle) / Residential W A (Agricultural) W Agricultural COMMENTS: hLivevn Sheri Lockman, Planner Hello