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Home My WebLink About970829.tiffRESOLUTION RE: DENY ACCESSORY DWELLING PERMIT #79 - ELIZABETH WILSON 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 April 30, 1997, considered the request of Elizabeth Wilson, 6707 Weld County Road 19, Fort Lupton, Colorado 80621, to place a dwelling on a parcel of land to be used as an accessory dwelling, and WHEREAS, said accessory dwelling is to be occupied in an A (Agricultural) Zone District on a parcel of land being more particularly described as follows: Part of the N1/2 of Section 33, Township 2 North, Range 67 West of the 6th P. M., Weld County, Colorado, and WHEREAS, the Board of County Commissioners, having heard the testimony of those present, finds that said request should be denied for the following reasons: 1. The applicant has not shown compliance with Section 43.2.3.1 of the Weld County Zoning Ordinance, specifically as follows: A. Section 43.21.1.1 - The mobile home or accessory dwelling unit will be occupied by persons customarily employed at or engaged in the operation of the use where the mobile home accessory dwelling unit is located. The applicant has indicated that the dwelling unit will be occupied by members of the family and that everyone residing on the property is an integral part of the proposed farming operation. It is the Board's concern that the residents of the property, though engaged in the operation, are not principally employed by the proposed operation and that reasonable alternatives exist. B. Section 43.2.3.1.2 - The mobile home or accessory dwelling unit is necessary for the effective and economic operation of the use and/or protection of the agricultural use. It is the Board's opinion that the applicant has not shown adequate evidence in the current operation of the property or in the proposed uses that the third accessory dwelling unit is necessary for the effective and economic operation of the use and/or protection of the agricultural use. Currently four (4) residences exist on this site. The current operation includes hay, corn, and wheat production and to date there are no animal units located on the property. &.: Pt ; Wilson 970829 PL0076 RE: ACCESSORY DWELLING PERMIT #79 - ELIZABETH WILSON PAGE 2 C. Section 43.2.3.1.3 - The mobile home or accessory dwelling unit will not be used as an income source by the applicant for rental to persons not principally employed upon the lot. The applicant has indicated through a phone conversation that the proposed residence will allow them to move into a larger home and provide housing in the existing residence for an additional family. The applicant stated that all residents are family members who pay toward the mortgage of the property and will work on the property. The septic permit, which is included with the application packet, indicates that the proposed residence is for five (5) people. As stated above in #1.A., the Board of County Commissioner's concern is that the persons, though engaged with the operation, will not be principally employed through the existing or proposed uses on the property and that three of the four existing structures are permanent structures in nature. This proposal if approved would allow for a total of four permanent structures in nature. D. Section 43.2.3.1.4 - Adequate water and sewage disposal facilities are available to the mobile home or accessory dwelling unit. The applicant has applied for the proper septic permit, and Central Weld County Water District, in the letter from John W. Zadel dated December 19, 1996, indicates that additional water service can be made available to the property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District, and the U.S. Bureau of Reclamation are satisfied. The Board is concerned that this proposal is not consistent with the Agricultural Zone District which allows for one (1) single family residence per legal lot. The applicant has four (4) existing residences on the site. The multiple (5) residential structures on this site are equivalent to a minor subdivision in terms of impacts to roads, water, and septic and are not consistent with the intent of the zone district. E. Section 43.2.3.1.5 - The mobile home is not the first dwelling unit on the parcel of land. This section does not apply to this application. F. Section 43.2.3.1.6 - The applicant must obtain a building permit for the mobile home and comply with all installation standards of the Weld County Building Code Ordinance. This section is specific to mobile homes, but in the event the proposal is approved the applicant must obtain the appropriate building permits and comply with the standards of the Weld County Building Code Ordinance. 970829 PL0076 RE: ACCESSORY DWELLING PERMIT #79 - ELIZABETH WILSON PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Elizabeth Wilson to place a dwelling to be used as an accessory dwelling on the hereinabove described parcel of land, which was found to not be in compliance with Section 43 of the Weld County Zoning Ordinance, be, and hereby is, denied, subject to the above listed reasons. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of April, A.D., 1997. BOARD OF COUNTY COMMISSIONERS hoti, ty Clerk to the Board Thcileyci eputy Clerk o the Board WELD QQUNTY,COLORADO Georg . Baxter, Chair Constance L. Harbert, Pro-Tem (AYE) EXCUSED DATE OF SIGNING Barbara J. Kirkmeyer W. H. Webster (NAY) (AYE) (AYE) 970829 PL0076 WUDe COLORADO ZPAD for Accessory to Farm Use Administrative Recommendation Planner: Todd A. Hodges CASE NUMBER: ZPAD-79 APPLICANT: Elizabeth Wilson ADDRESS: 6707 WCR 19 Ft. Lupton, CO 80621 Hearing Date: April 30, 1997 REQUEST: A Zoning Permit for an Accessory Dwelling for the 3rd accessory to the farm for an approximate one (1) acre herb plot, 50 acres in alfalfa, 50 acres in corn, 170 acres in wheat (planted in alternate years) and seven (7) head elk herd. LEGAL DESCRIPTION: Pt. of the N/2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to WCR 19; approximately 1/4 mile south of WCR 16. PARCEL: 1311 33 000036 PARCEL SIZE: 240 acres, more or less THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. It is the opinion of the Department of Planning Service's staff that the applicant has not shown compliance with Section 43.2.3.1 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 43.2.3.1.1 - The Mobile Home or Accessory Dwelling Unit will be occupied by persons customarily employed at or engaged in the operation of the use where the mobile home 970829 ZPAD-29 Wilson Page 2 accessory dwelling unit is located The applicant has indicated that the dwelling unit will be occupied by members of the family and that everyone residing on the property is an integral part of the proposed farming operation. It is staffs concern that the residents of the property though engaged in the operation are not principally employed by the proposed operation and that reasonable alternatives exist. b. Section 43.2.3.1.2 - The Mobile Home or Accessory Dwelling Unit is necessary for the effective and economic operation of the use and/or protection of the agricultural use. It is staff's opinion that the applicant has not shown adequate evidence in the current operation of the property or in the proposed uses that the third Accessory Dwelling Unit is necessary for the effective and economic operation of the use and/or protection of the agricultural use. Currently four (4) residences exist on this site. The current operation includes hay, corn, and wheat production and to date there are no animal units located on the property. c. Section 43.2.1.3 - The Mobile Home or Accessory Dwelling Unit will not be used as an income source by the applicant for rental to persons not principally employed upon the Lot. The applicant has indicated through a phone conversation that the proposed residence will allow them to move into a larger home and provide housing in the existing residence for an additional family. The applicant stated that all residents are family member5who pay towards the property and will work on the property. The septic permit, which is included with the application packet, indicates that the proposed residence is for five (5) people. As stated above in la, staffs concern is that the persons though engaged with the operation will not be principally employed through the existing or proposed uses on the property and that three of the four existing structures are permanent structures in nature. This proposal if approved would allow for a total of four permanent structures in nature. d. Section 43.2.1.4 - Adequate water and sewage disposal facilities are available to the mobile home or Accessory Dwelling Unit The applicant has applied for the proper septic permit and Central Weld County Water District 970829 ZPAD-79 Wilson Page 3 in the letter from John W. Zadel, dated December 19, 1996 indicates that additional water service can be made available to the property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U.S. Bureau of Reclamation are satisfied. Staff is concerned that this proposal is not consistent with the Agricultural Zone District which allows for one (1) single family residence per legal lot. The applicant has four (4) existing residences on the site. The multiple (5) residential structures on this site is equivalent to a minor subdivision in terms of impacts to roads, water and septic and is not consistent with the intent of the zone district. e. Section 43.2.3.1.5 - The Mobile Home is not the first Dwelling Unit on the parcel of land. This section does not apply to this application. f. Section 43.2.3.1.6 - The applicant must obtain a building permit for the mobile home and comply with all installation standards of the Weld County Building Code Ordinance. This section is specific to mobile homes but in the event the proposal is approved the applicant must obtain the appropriate building permits and comply with the standards of the Weld County Building Code Ordinance. 970829 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Whlig February 19, 1997 Elizabeth Wilson 6707 Weld County Road 19 Fort Lupton, CO 80621 Subject: ZPAD-79 - Zoning Permit for More than one Dwellings as Accessory to the Farm (third dwelling unit as accessory to the farm), described as part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Ms. Wilson: Your zoning permit application for an accessory dwelling is being processed by our office. If it is determined that the application meets the approval criteria of Section 43.1 of the Weld County Zoning Ordinance, as amended, and you have submitted a petition with the signatures of at least 70% of the surrounding property owners who have no objection to your request, you will be notified that the zoning permit is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date at least a week prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the zoning permit for the accessory dwelling. If you have any questions concerning this matter, please feel free to call me. Sincerely Todd A. Hodges Current Planner II TAH/tp 970829 sKeer 'live COLORADO ZPAD for Accessory to Farm Use Background Information Planner: Todd A. Hodges CASE NUMBER: ZPAD-79 APPLICANT: Elizabeth Wilson ADDRESS: 6707 WCR 19 Ft. Lupton, CO 80621 Hearing Date: April 30, 1997 REQUEST: A Zoning Permit for an Accessory Dwelling for the 3rd accessory to the farm for an approximate one (1) acre herb plot, 50 acres in alfalfa, 50 acres in corn, 170 acres in wheat (planted in alternate years) and seven (7) head elk herd. LEGAL DESCRIPTION: Pt. of the N/2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to WCR 19; approximately 1/4 mile south of WCR 16. PARCEL SIZE: 240 acres, more or less BACKGROUND INFORMATION: Currently four residences are located on the property. Two of the residences which exist on the property are "stick -built", one is the principle residence and the other is a non -conforming structure. The mobile home located on the property was permitted in 1980 as a temporary accessory to farm (MHP-498). The fourth structure existing on the property is a "stick -built" which was permitted January 4, 1996 with a zoning permit for a temporary accessory structure (ZPAD-67). To date the Department of Planning Service's staff has received one letter from a surrounding property owner. The letter is included in the application packet. 970829 WI`Pc. itot4 COLORADO ZPAD for Accessory to Farm Use Administrative Recommendation Planner: Todd A. Hodges CASE NUMBER: ZPAD-79 APPLICANT: Elizabeth Wilson ADDRESS: 6707 WCR 19 Ft. Lupton, CO 80621 Hearing Date: April 30, 1997 REQUEST: A Zoning Permit for an Accessory Dwelling for the 3rd accessory to the farm for an approximate one (1) acre herb plot, 50 acres in alfalfa, 50 acres in corn, 170 acres in wheat (planted in alternate years) and seven (7) head elk herd. LEGAL DESCRIPTION: Pt. of the N/2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to WCR 19; approximately 1/4 mile south of WCR 16. PARCEL: 1311 33 000036 PARCEL SIZE: 240 acres, more or less THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: I. It is the opinion of the Department of Planning Service's staff that the applicant has not shown compliance with Section 43.2.3.1 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 43.2.3.1.1 - The Mobile Home or Accessory Dwelling Unit will be occupied by persons customarily employed at or engaged in the operation of the use where the mobile home 970829 ZPAD-29 Wilson Page 2 accessory dwelling unit is located. The applicant has indicated that the dwelling unit will be occupied by members of the family and that everyone residing on the property is an integral part of the proposed farming operation. It is staff's concern that the residents of the property though engaged in the operation are not principally employed by the proposed operation and that reasonable alternatives exist. b. Section 43.2.3.1.2 - The Mobile Home or Accessory Dwelling Unit is necessary for the effective and economic operation of the use and/or protection of the agricultural use. It is staff's opinion that the applicant has not shown adequate evidence in the current operation of the property or in the proposed uses that the third Accessory Dwelling Unit is necessary for the effective and economic operation of the use and/or protection of the agricultural use. Currently four (4) residences exist on this site. The current operation includes hay, corn, and wheat production and to date there are no animal units located on the property. c. Section 43.2.1.3 - The Mobile Home or Accessory Dwelling Unit will not be used as an income source by the applicant for rental to persons not principally employed upon the Lot. The applicant has indicated through a phone conversation that the proposed residence will allow them to move into a larger home and provide housing in the existing residence for an additional family. The applicant stated that all residents are family member5who pay towards the property and will work on the property. The septic permit, which is included with the application packet, indicates that the proposed residence is for five (5) people. As stated above in la, staff's concern is that the persons though engaged with the operation will not be principally employed through the existing or proposed uses on the property and that three of the four existing structures are permanent structures in nature. This proposal if approved would allow for a total of four permanent structures in nature. d. Section 43.2.1.4 - Adequate water and sewage disposal facilities are available to the mobile home or Accessory Dwelling Unit. The applicant has applied for the proper septic permit and Central Weld County Water District 970829 ZPAD-79 Wilson Page 3 in the letter from John W. Zadel, dated December 19, 1996 indicates that additional water service can be made available to the property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U.S. Bureau of Reclamation are satisfied. Staff is concerned that this proposal is not consistent with the Agricultural Zone District which allows for one (1) single family residence per legal lot. The applicant has four (4) existing residences on the site. The multiple (5) residential structures on this site is equivalent to a minor subdivision in terms of impacts to roads, water and septic and is not consistent with the intent of the zone district. e. Section 43.2.3.1.5 - The Mobile Home is not the first Dwelling Unit on the parcel of land. This section does not apply to this application. f. Section 43.2.3.1.6 - The applicant must obtain a building permit for the mobile home and comply with all installation standards of the Weld County Building Code Ordinance. This section is specific to mobile homes but in the event the proposal is approved the applicant must obtain the appropriate building permits and comply with the standards of the Weld County Building Code Ordinance. 970829 #0" Wi�Yc COI.OAADO February 19, 1997 Elizabeth Wilson 6707 Weld County Road 19 Fort Lupton, CO 80621 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: ZPAD-79 - Zoning Permit for More than one Dwellings as Accessory to the Farm (third dwelling unit as accessory to the farm), described as part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Ms. Wilson: Your zoning permit application for an accessory dwelling is being processed by our office. If it is determined that the application meets the approval criteria of Section 43.1 of the Weld County Zoning Ordinance, as amended, and you have submitted a petition with the signatures of at least 70% of the surrounding property owners who have no objection to your request, you will be notified that the zoning permit is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date at least a week prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the zoning permit for the accessory dwelling. If you have any questions concerning this matter, please feel free to call me. Sincerely *44/ % Todd A. Hodges Current Planner II TAH/tp 970829 a /536 Wilk COLORADO May 22, 1997 Elizabeth Wilson 6707 Weld County Road 19 Fort Lupton, CO 80621 CLERK TO THE BOARD PHONE (970) 356-4000, EXT.4218 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 RE: Denial of Accessory Dwelling Permit #79 Dear Ms. Wilson: In response to your request on May 20, I have enclosed a copy of the original resolution which, in bold text, shows the change that was made on page two. The first resolution was being circulated for signature when the error was discovered; therefore, the document saved on the computer was revised, and the original document was not saved. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, Carol Harding Office Manager End. RESOLUTION RE: DENY ACCESSORY DWELLING PERMIT #79 - ELIZABETH WILSON 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 April 30, 1997, considered the request of Elizabeth Wilson, 6707 Weld County Road 19, Fort Lupton, Colorado 80621, to place a dwelling on a parcel of land to be used as an accessory dwelling, and WHEREAS, said accessory dwelling is to be occupied in an A (Agricultural) Zone District on a parcel of land being more particularly described as follows: Part of the NI/2 of Section 33, Township 2 North, Range 67 West of the 6th P. M., Weld County, Colorado, and WHEREAS, the Board of County Commissioners, having heard the testimony of those present, finds that said request should be denied for the following reasons: 1. The applicant has not shown compliance with Section 43.2.3.1 of the Weld County Zoning Ordinance, specifically as follows: A. Section 43.2.3.1.1 - 1'he mobile home or accessory dwelling unit will be occupied by persons customarily employed at or engaged in the operation of the use where the mobile home accessory dwelling unit is located. The applicant has indicated that the dwelling unit will be occupied by members of the family and that everyone residing on the property is an integral part of the proposed farming operation. It is the Board's concern that the residents of the property, though engaged in the operation, are not principally employed by the proposed operation and that reasonable alternatives exist. B. Section 43.2.3.1.2 - The mobile home or accessory dwelling unit is necessary for the effective and economic operation of the use and/or protection of the agricultural use. It is the Board's opinion that the applicant has not shown adequate evidence in the current operation of the property or in the proposed uses that the third accessory dwelling unit is necessary for the effective and economic operation of the use and/or protection of the agricultural use. Currently four (4) residences exist on this site. The current operation includes hay, corn, and wheat production and to date there are no animal units located on the property. C. Section 43.2.3.1.3 - The mobile home or accessory dwelling unit will not be used as an income source by the applicant for rental to persons not principally employed upon the lot. The applicant has indicated through a phone conversation that the proposed residence will allow them to move into a larger home and provide housing in the existing residence for an additional family. The applicant stated that all residents are family members who pay toward the mortgage of the property and will work on the property. The septic permit, which is included with the application packet, indicates that the proposed residence is for five (5) people. As stated above in #l.A., Board of County Comnrissioners'x concern is that the persons, though engaged with the operation, will not be principally employed through the existing or proposed uses on the property and that three of the four existing structures are permanent structures in nature. This proposal if approved would allow for a total of four permanent structures in nature. D. Section 43.2.3.1.4 - Adequate water and sewage disposal facilities are available to the mobile home or accessory dwelling unit. The applicant has applied for the proper septic permit, and Central Weld County Water District, in the letter from John W. Zadel dated December 19, 1996, indicates that additional water service can be made available to the property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District, and the U.S. Bureau of Reclamation are satisfied. The Board is concerned that this proposal is not consistent with the Agricultural Zone District which allows for one (I) single family residence per legal lot. The applicant has four (4) existing residences on the site. The multiple (5) residential structures on this site are equivalent to a minor subdivision in terms of impacts to roads, water, and septic and are not consistent with the intent of the zone district. E. Section 43.2.3.1.5 - The mobile home is not the first dwelling unit on the parcel of land. F. This section does not apply to this application. Section 43.2.3.1.6 - The applicant must obtain a building permit for the mobile home and comply with all installation standards of the Weld County Building Code Ordinance. This section is specific to mobile homes, but in the event the proposal is approved the applicant must obtain the appropriate building permits and comply with the standards of the Weld County Building Code Ordinance. Gi��o.GY4-a-"��.� p 06-44 970829 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Elizabeth Wilson to place a dwelling to be used as an accessory dwelling on the hereinabove described parcel of land, which was found to not be in compliance with Section 43 of the Weld County Zoning Ordinance, be, and hereby is, denied, subject to the above listed reasons. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of April, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: George E. Baxter, Chair Constance L. Harbert, Pro -Tern Dale K. Hall Barbara J. Kirkmeyer (NAY) (AYE) (AYE) (AYE) County Attorney (AYE) W. H. Webster Elizabeth Wilson January 31, 1997 6707 W.C.R. # 19 Ft. Lupton, Colorado 80621 Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Department of Planning Services: Enclosed with this cover letter are the following items: 1. The original application package for an additional accessory dwelling; 2. Five copies of the above; 3. A check in the amount of $ 23'0.00 for the application; 4. A check in the amount of $ 150.00 for the septic permit. Se -44-4-4t it -01141\J 41) We are arranging for a perc test next week. We have & ��c additional signatures to add to our petition but have not yet Un y-LQ received them in the mail. We will forward the signatures to your when we receive same. If you have any questions, please contact 3Ve us at the above address or call me at work at 303-421-4161.ti Loof2� Sincerely Yours, aajli ""}" Planning Dept b E B 0 4 7997 4'VED 970829 WELD LUUNTY DEPARTMENT OF PLANNING SERVICt., 1400 N. 17th Avenue, Greeley, Colorado 80631, Phone: (970) 353-6100, Ext. 3540, Fax: (790) 353-6312 TEMPORARY ACCESSORY DWELLING UNIT ZONING PERMIT APPLICATION FORM 79A D APPLICANT Ei/ a _h -, Li i /S a » PHONE ?3.3 3 Cr o ADDRESS/CITY/STATE/ZIP CODE (,, 7 D 7 � d -C / 5 IS /_. o,y� es ko L Z e - "�� OWNER st-�-.u_ r G G•%/x ,-, ADDRESS/CITY/STATE/ZIP CODE CITY - STATE - ZIP LEGAL DESCRIPTION - 01/ v 5' 7 Section 33 , T .2- N, R L I W. Total Acreage c.2 -c,,,, "/_ Check tvoe of annlication B ARD OF COUNTY COMMISSIONERS APPROVAL - Application Fee $230.00 More than one Dwelling Unit as Accessory to Farm ❑ More than one Dwelling Unit as Accessory Use as an Office ❑ More than one Accessory Use in C (Commercial) or I (Industrial) zone district Accessory Dwelling Unit to the Farm TYPE OF SEWAGE DISPOSAL ❑ Public or private company NI Septic Tank - Permit # Copy attached: Ves ❑ No ❑ TYPE OF WATER SUPPLY /� Public or private company: de.e-:.- / ✓4-/a. ❑ Individual (well, cistern) Permit # Copy attached: Yes ❑ No ❑ ACCESS: ) Existing ❑ Proposed .4/2"1.ra 'Ca" Ji, /ore ...a'. UFO. Application Fee Paid Receipt # Date: -07 730. `'f' Zoning District Zoning Permit # Chaindexed: Flood Plain: a Yes ❑ No Geologic Hazard: ❑ Yes ❑ No Approved by: ❑ Staff ❑ Board of County Commissioners - Hearing Date: ISSUED BY: Date BUILDING PERMIT # Date Issued: What housing is available on the property and what is its present use? How many dwelling units are on the property at the present time? TEMPORARY USE DURING CONSTRUCTION OF A RESIDENCE Building Permit Number Date Issued Zoning Permit Valid for 6 months from date of issue. Zoning Permit Issued Valid from to RENEWALS: Fi Erom to Fee: Reviewed and Approved Birl county Plan Second - From p Dept Fee: Reviewed and Approved FEB 0 4 1997 5 Applicant's signature - Date c 747 970829 January 25, 1997 6707 W.C.R. # 19 Ft. Lupton, Colorado 80621 Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Department of Planning Services: This letter accompanies our application for a permit for an additional accessory dwelling on our farm which is to be used as a residence for family members who are currently working on the farm. We have been approved by the Colorado Division of Wildlife and the Colorado Department of Agriculture as a site for raising alternative livestock. It is our intention to raise domestic elk. We further plan extensive planting of herbs and specialty crops which are very labor intensive and will require numerous workers. In addition we will be raising the more traditional crops of hay and grain. It is our family's hope and dream to turn this farm into a prosperous and productive agricultural business. We believe that having our work force on -site and available at all times is crucial to our success. We expect to blend into the existing community and look forward to being a positive addition. As you will see in the attached information, water and utilities are already on site, previous approval has been received for the access road we intend to use, and a septic permit has been requested. We also contacted our neighbors whose signatures appear on the petition for this permit. If you have any other concerns or questions, please contact us at the above address or call us at 303- 833-3580. Sincerely Yours, Zit3 c12 ��% s•�x .� Elizabeth Wilson 970829 €xis �v�l=iui ,Q.44,./( r nL 'a1/4..C d mod-/� a'Jr C_ L.c — -sat/ a� n CR GO 11710. s \ACE 1 /9 pep °G d1-T7on.cj / d raJ4•?� 2 .c.) -c -/IA F.12 c7adi -,, fob z-/ /oa d _ tY. TS7Lv� 4crcs. road3 (Jet, iT; -9708,29 17 March 1997 6707 W.C.R. 19 Ft. Lupton, Colorado 80621 Todd Hodges Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Todd, f, The attached FARM PROJECT PRESENTATION illustrates our plans and concerns related to our application for an accessory dwelling. It is our intent to build a successful family farm and to provide a positive rural environment for our children and grandchildren. We believe we have fulfilled both the spirit and the letter of the law as regards our application for a permit and ask that you review and approve it as soon as possible. Thank you for your time and consideration of this matter. Sincerely Yours, --p Elizabeth A. Wilson 970829 TABLE OF CONTENTS I. COVER LETTER TO DEPARTMENT OF PLANNING SERVICES II. ACCOMPLISHMENTS TO DATE CURRENT LOCATION PRIOR LOCATION III. PLANS PLANTS Herbs Hay, Corn, & Wheat Research & Development and Marketing & Administration ANIMALS Elk Game Birds Cattle IV. RESOURCE REQUIREMENTS V. LABOR SUMMARY VI. PERMIT APPLICATION ISSUES AND ALTERNATE PLAN VII. RE: TRI-AREA PLANNING COMMISSION Copies of the following: COVER LETTER TO TRI-AREA PLANNING COMMISSION RESPONSE TO TRI-AREA PLANNING COMMISSION RECOMMENDATIONS FOR TRI-AREA PLANNING COMMISSION 970829 ACCOMPLISHMENTS TO DATE Current Farm We purchased this farm in January 1996, subject to a lease agreement with a tenant farmer for the 1996 growing season. We couldn't farm it ourselves until his lease expired 12/31/96. Planted a 700 tree wind -break Repaired Pivot sprinkler Cleaned up 23 years of accumulated debris Remodeled house, brought it up to code Replaced underground waterline to existing house Did extensive repair to existing out -buildings Applied for and received State permit and site approval to raise domestic elk Elk have been purchased, boarded elsewhere until facilities completed Been through the zoning permit process twice and have the signatures and support of over 75% of our neighbors Previous Farm Experience We previously farmed 40 acres on WCR 15 for 11 years. Listed below are three former neighbors who would be happy to attest to our operation and character. Bob and Kathy Dvorak (303) 833-4068 Lowell and Betsy Alderfer (303) 833-3854 Jim and Lynn Clemmer (303) 833-4838 970829 PLANS - PLANTS HERBS This is the most labor-intensive endeavor. Several workers (six to eight people to begin with) will be needed full-time, but at intermittent intervals throughout the day. The optimum hours for plant handling are early morning and day's end. Transplanting seedlings, which we have already started to grow inside, needs to be done early in the morning and later in the evening to avoid shocking the plants. Once in the ground, the plants need constant monitoring, watering, weeding, etc. Once established, all harvesting, drying, and packaging is done by hand. In the autumn, plant propagation is done by dividing roots and transplanting again. Mulching and preparing perennials for wintering extends into late fall. We intend to have a green house to extend the growing season. The split -shift and irregular hours make commuting back and forth to the farm quite impractical. All existing houses are occupied by family members who are working on the farm. The new residence will also be occupied by family members working on the farm. Having our workers live here decreases traffic in the area and maximizes production. Our market analysis indicates an increasing need for many culinary and medicinal herbs and indicates that we are in an ideal location to serve several population centers. Cacti, xeriscaping plants, and commercial development of drought - resistant herbs are also endeavors that we plan to pursue. HAY, CORN, & WHEAT We have 50 acres in alfalfa and 50 acres in corn. We plan to keep these traditional crops as feed for our elk and the cattle we intend to have in the existing pasture and corral facilities. We also have 170 acres of wheat that we farm and fallow in alternate years. RESEARCH & DEVELOPMENT and MARKETING & ADMINISTRATION To support these endeavors, on -going research and development is required to keep pace with market needs and trends. Documentation on the 50+ test plots that we plan to be growing this summer will require committed manpower. 970829 PLANS - ANIMALS ELK We plan to establish a herd of domestic elk. It is our intent to raise breeding stock and to harvest velvet antler, which has medicinal uses. At present, we have acquired a bull and three bred heifers. Hopefully, our herd will number seven by summer. Currently, these animals are boarded elsewhere. While not vicious, elk can be dangerous. Eight -foot fences and re -enforced handling facilities are needed. We have received our permits from the Department of Wildlife and the Department of Agriculture. Now that the ground is thawing, we can begin digging post -holes and constructing our facility. These animals are very expensive and require supervision. We believe that by having sufficient personnel available to monitor their activities, our investment will be better protected. GAME BIRDS Probably not this year, but projected for the Spring of 1998, we will begin raising game birds for specialty restaurants and for the training of hunting dogs. This activity will be in addition to the raising of typical domestic poultry, which will begin this spring. CATTLE We intend to use existing pasture and corrals for cattle, which has been the traditional use of the facilities on this farm. As recently as this past year, the tenant farmer grazed his cattle here. We already have a ready market for custom raised beef. 9708~9 RESOURCE REQUIREMENTS There are several areas that are manpower -intensive. One area is the raising and harvesting of herbs. Another area is the on -going maintenance, repair and upgrading of a farm that has had only a minimum amount of upkeep for some years. * The feed mill and scale need to be completely overhauled. * The silo, fences, and out -buildings need extensive repair. * The windbreak needs to be extended. * The yards need to be landscaped and sprinklered. * We need to plant and maintain an orchard and a garden. * The new house needs to be brought up to code. Flexibility and diversity are the keys to survival in modern-day farming. Its necessary for us to consider reduced water availability and a changing market and to adjust our operations accordingly. The crop projects that we have chosen are more labor intensive than traditional machinery farming. With this in mind, we need an adequate pool of people available at all hours, with a diversity of talents, to ensure the success of this venture. Our family's future depends upon the care and commitment that we are putting into this farm. Everything we own is at risk here. As a family, we are committed to: + Keeping our land in agriculture. + Combining a successful business with country life. + Making a positive contribution to our community. Within our family, we have the people to support this venture. To provide workers for our farm, we are applying for an accessory dwelling. We believe we meet the criteria set forth in Weld County Zoning Ordinance, Section 43.1. We have collected signatures more than 75 per -cent of our neighbors who are very supportive of our plans. 970829 LABOR SUMMARY The table below shows the projected labor needs for an average week. We expect to need additional workers during peak times. ACTIVITY AVERAGE MAN-HOURS NEEDED PER WEEK MAINTENANCE 48.0 (facilities & equipment) MAINTENANCE 48.0 (landscaping & irrigation) Sub -Total: 96.0 TEST PLOT IMPLEMENTATION & ADMIN HERBS 108.0 HERB (Research & Development) 16.0 HERB M&A 16.0 (Marketing & Administration) Sub -Total: 140.0 NEW CONSTRUCTION (Facilities/Corrals/Greenhouse) 48.0 ANIMAL CHORES 36.0 Sub -Total: 84.0 TRADITIONAL FARM CROPS 60.0 (Tractor -related labor) Sub -Total: 60.0 TOTAL: 380.0 Man -Hours 970829 PERMIT APPLICATION ISSUES AND ALTERNATE PLAN We have given serious consideration to the need for and the placement of this accessory dwelling. * We located it to keep the buildings clustered but not crowded. * It will be located in the best spot for observation of the elk herd and optimum access to the herb beds and greenhouse. * It is located back off the road on an existing internal road structure and will use an existing access road. Having our workers living on site will cut down on traffic to and from the farm. * We have the utilities on site. Because of the type of operation we are running and the need for numerous workers at interrupted intervals, we need the dwelling as a residence for workers on our farm. * We believe that our application meets the criteria set forth in Weld County Zoning Ordinance Section 43.1. * We have signatures of support from over 75% of our neighbors. * We have applied in good faith for a permit which is in support of the agricultural goals of the county. We are operating within a time -frame that will be greatly enhanced by your timely approval of this permit. We need to set the building on a foundation and put it into use as soon as possible. ALTERNATE PLAN. If we are unable to secure this approval, we will be forced to divide off 80 acres, set this house on that parcel. This would necessitate adding a new road and out -buildings as well as taking additional land out of production. We believe our current plan is more beneficial both to the county and to us. 970829 17 March 1997 6707 W.C.R. 19 Ft. Lupton, Colorado 80621 Mr. Jay Curtis, Chairman TRI-AREA PLANNING COMMISSION P.O. BOX 363 FREDERICK, COLORADO 80530 RE: ZPAD-79 Dear Mr. Curtis, Attached are two documents regarding our appearance at the March 4, 1997 meeting of your Board. They concern our application to Weld County for an accessory dwelling for our farm. One document addresses the "potential questions" that were referred to in the letter dated March 3, 1997 that was sent to us and to Weld County. The other document presents recommendations for the content and structure of future meeting of the TRI-AREA PLANNING COMMISSION. Copies of these documents and this letter are being delivered to Todd Hodges of the Weld County Department of Planning Services. We respectfully request that you review the documents we have sent you at your next meeting of the TRI-AREA PLANNING COMMISSION. We believe that a recommendation from Tri-Area Planning in support of our project would be appropriate. Thank you for your consideration of this matter. Sincerely Yours, Richard and Elizabeth Wilson 970829 OUR SPECIFIC RESPONSES TO THE TRI-AREA PLANNING COMMISSION LETTER. We have received a copy from you of an unsigned letter, apparently addressed to you, dated 3 March 1997. We appeared before your Board on 4 March 1997 to discuss our application for an accessory dwelling to our farm. Since the document we received does not reflect the information we gave at the meeting, in answer to the Board's questions, we are enclosing the following list of facts for your review. * We purchased the farm 4 January 1996, subject to a lease agreement between the previous owner and a tenant farmer. This means that we could not use the farm land during 1996. * We did do everything we could without violating the lease, such as repairing the pivot sprinkler, planting a wind -break, cleaning out debris, repairing out -buildings. * Farming activities are underway for 1997. Plans for an extensive, labor-intensive herb farm have been reviewed with Weld County Planners. This site has been and continues to be agricultural. * Our family took possession of 6707 WCR 19 on 5 January 1996 and we have been here continuously since. * Other family members who also work on the farm moved into the other dwellings as the previous leases, which were binding on us, expired. * The accessory dwelling which was previously applied for has been completed and also houses family members who work on the farm, just as stated in the application. * We have met with Weld County Planners and to minimize any negative impact of our additional dwelling, we will be using only the existing access roads. * The Weld County Health Dept. has reviewed the septic permit. There should be no problem with five septic systems on a half - section parcel. * We have added one additional building and are requesting one more. All other structures are agricultural related and have been here for 25 years or more. 970829 RECOMMENDATIONS TO THE TRI-AREA PLANNING COMMISSION Having appeared before your Board for a review of our application, (ZPAD-79), we would like to offer the following suggestions and comments. 1. Have the Board members identify themselves to the applicants. 2. Allow the applicant to answer one question before asking another question. Listen to the answer and record it accurately. 3. Allow only one member at a time to converse with or ask questions of the applicant and ask only questions that are pertinent to the application. 4. Take greater care to protect the applicants' rights to due process. Without appropriate diligence, the Board and/or Board members leave themselves open to legal action. For example, it appears that our due process rights were violated when a demonstrably hostile neighbor, Diana Spurling, was allowed to participate as a Board member. She was told by the Chairman to abstain from voting. However, by that time, her accusations and innuendoes had already been made. Another example: One Board member voted to withhold approval of our application because she still had "unanswered questions". When we offered to answer any questions, she stated "I don't have time tonight." 5. Tape record proceedings for future reference and make minutes available as a matter of public record. We requested minutes and were told that we couldn't receive them. 6. Conduct proceedings in a professional manner. Joking between Board members is inappropriate and tends to undermine public confidence in the Board. 7. Make results of proceedings available to the applicants, and make sure they accurately reflect the voting. In our case, two voted for, two voted against, and two abstained. The letter we received, dated the day before our hearing, only stated that "Tri-Area Planning withheld approval because of the potential questions". We expected to appear before a knowledgeable, impartial community Board. Our application for an additional accessory dwelling is a legitimate request. The chairman, Jay Curtis, acknowledged this at the beginning of our hearing. At the end of our hearing, a motion was made to deny our permit. When the chairman asked for a reason, none was readily forthcoming. The member who introduced the motion, then voted against it. Deliberation and voting should be based on the issues. 970829 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Avenue, P.O. Box 758, Greeley, Colorado Phone: (970) 356-4000, Ext. 3750 308 1. Applicant Name lui/So.. f/, e_4--6+�-, Phone y-3 3 3 S ?o Address G c a-7 s.Jc-e i qty re'<.7of, State G Zip So z a i 2. Address or location of access G 70 '2 !.J / S Section 33 Township A/ Range G -7 Subdivision Block Lot Weld County I bad # '9 Side of Road N S E o __} Distance from & number of intersecting /5/,.. iLe , .^/ off/ f e...-J.t 3. Is there an existing access to the property? Yes Se No # of accesses 4i� f\op,x I�is�'No---4. + r 4. Site Sketch: +l'/'�'x I�� fy acC frofesud adds csi-as5 l i .1 1 L .1 9) S� I.- t! t. . .,,., /L d ,r).) >J "1 L A ,N;tia5 ' a T.-Cr Z O,� / IAU ;'vim :ar 5. Prop osed use: 1 tvlsi 7(�✓ix jJ e �J�o�o / \,c(1:1_./ 2 :> o , �; ,/r 's ctic.�/4' %�w'4- road Qr/o.✓ •C". / fro,+- 'rn.c„,d Permanent�j X Residential/Agricultural Industrial c> �, � / / �L, Temporary _ Commercial _ Subdivision _ Other —o r"a ` C.,,4,i OFFICE USE ONLY "'+_ Road ADT Date Accidents Date °` p e Road ADT Date Accidents Date L. )17'7 Drainage Requirement: Culvert Size Length Other Comments: Installation authorized Special Conditions _ Information Insufficient Reviewed by: Title: 6 9'70829 aco�Ids Health Depa./. Serving You Since 1928 PROPERTY OWNER /cL 4. LA 1--> / s o MAILING ADDRESS t 70 7 GS eiC /9 HOME PHONE 3os ?as - 3 S7o WORKPHONE 3a3 -y.z/ -QY4/ (f/.<) a-2 Sse o9ce .fr�..•f SITE ADDRESS Ge.ct / S /'i <<7ofs c , C -0L WELD COUNTY HEALTH DEPARTMENT 1517 16TH AVE COURT, GREELEY, COLORADO 80631 970-353-0635 970-356-4966 (FAX) CITY F< L..P/o) ST C.i ZIP DIRECTIONS TO SITE G✓c,c v /G °-- Oc4 904 2 LEGAL DESCRIPTION PT PT SEC 33 TWN o2 RNG t-7 ACRES /- SUBDIVISION 19, • CENSUS TRACT PARCEL NO: /3//33 CO o a 3 4 CALL ASSESSOR AT353-3845 EXT 3650 LOT BLOCK FILING THIS NUMBER IS DIFFERENT FROM THE LEGAL DESCRIPTION IN 100 YEAR FLOOD PLAN? rn a RESIDENTIAL SC COMMERCIAL DESCRIPTION MSC' NOUSE MOBILE/MODUIAR HOME. sIOI 7)20i/t is Si ,#=/c ,L A,a -yc NUMBER OF PERSONS S BASEMENT PLUMBING C1 NUMBER OF BEDROOMS "S BATHROOMS FULL 3/4 1_1/2 WATER PUBLIC Y/N i WATER SUPPLY WATER PRIVATE Y/N CISTERN Y/N WELL Y/N PERMIT # NEW PERMIT X REPAIR PERMIT PERC TEST $150 $125 $115 IF THIS IS A REPAIR PERMIT, PLEASE LIST PREVIOUS OWNERS OF THIS PROPERTY APPLICANT a// z.� ��•os� % l✓� /sue , MAILING ADDRESS Sn '2 CITY ST' ZIP Fa -, HOME PHONE 303 V3 l s S5= a WORK PHONE 30-3 5< ai yi e, 970823 CENTRAL WELD COUNTY WATER DISTRICT December 19, 1996 Richard L. & Elizabeth A. Wilson 6707 Weld Co. Rd. 19 Ft. Lupton, CO 80621 RE: Water Service Dear Mr. & Mrs.Wilson: This letter is in response to your request for the availability of additional water service for the following described property: Pt N'h Section 33, Township 2, North, Range 67 West of the 6th P.M., Weld County, Colorado. Water service is presently available to the above described property by tap number 861 located at Weld Co. Rd. 19 between 14 & 16 Additional water service csin be made available to this property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau. Central Weld cannot issue a tap until all requirements are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of thic letter or this letter shall become null and void unless extended it: writing by the District. Please contact the Central Weld office for further information about water service. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT 2,7 W. Zad General Ma%ager JWZ/ca 970829 2235 2nd Avenue • Greeley, Colorado 80631 • (970) 352-1284 • John W. Zadel, General Manager Nov. 13. 1995 1:44PM UNITED TITLE GREELY SECURITY TITLE GUARANTY COMPANY 1100 10th SL, #302, Greeley, CO 80631, (970) 356-3200 COMMITMENT 9CINDVIA A. Commitment No: U036387A95 1. Commitment Date: October 31, 1995 at 8:00 A.M. 2. Policy or Policies to be issued: (a) Owners policy - Proposed =aura,' Richard L, Wilson and Elizabeth A. Wilson (b) Loan Policy - Proposed Insured: First Sank of Colorado, its successors and/or aesignn 3. Yee Simple interest in the land described in this Ceanitment is owned, et the Commitment Pate by: Suckle Farms, Inc., a Colorado Corporation 4. The land referred to in this commitment is described as foliowes The North 1/2 of Section 33, Township 2 North, Range 67 West of the 6th P.M. except the North 180' and except the West 180' and also except part of the Northwest Quarter (NW1/4) of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of weld, state of Colorado, being described as: Beginning at the W1/4 Corner of said Section 33; thence North 29'24'20' East on an assumed bearing along the East -Wes centerline of said Section 33, a distance of 180.00 feet to the True Point of Beginning; thence North 00"00'00' Bast parallel to the West line of said Section 13 and along the East R.O.W. Line of a 180.00 Eaot R.O.W. for Public Service Company, a distance of 1500.00 feet: thence North 89'24'20' East parallel to the East-West Centerline of said Section 33, a distance of 935.00 feet; thence South 32'41'19• East, a distance of 1416.40 feet; thence South 00'00'00' West parallel to the West No, 4439 P, 5/10„430 ps Policy amount S 350,000.00 S 345,000.00 ltns of said Section 33, a distance of 300.00 feet to a point on the East-West Centerline of Section 33; thence South 89'24'20' West along said East-West Centerline, a distance of 1700.00 feet to the True Point of Beginning, County of Weld, State of Colorado. (for informational purposes only) 6707 Weld County Road 19 TEMPORARY ACCESSORY DWELLING UNIT PETITION Do not sign this petition unless you are an "owner of real property within 500 feet of the property which the temporary accessory dwelling unit is proposed to be loacted on. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In this instance, the seller may not sign this petition. We, the undersigned owners of property within 500 feet of the property which the temporary accessory dwelling unit is proposed to be located, do not o bject to the issuance of a zoning permit for a temporary accessory dwelling unit to be used asa ics,Sc.,[. Please do not sign Mr. and Mrs. - sign individually. Please do not sign this unless you have read all of the text. Signature Mailing Addesss t - win Telephone Number Date of Signing rs/l mck /d Er/s1_ 3i,I /2 -Ze7-9( 2a3 /t /1 /2-Z946 * 70 /a sa5v(.0'ky 4V/co /a- -49--`>(-, 7 7"7 2 tnCC /G) X33 -3c/3J TSy3 Rd /lc 5933 -363V 7,, V et) (f /7 X 3 3-(. Wag' GU, ,P05 3 19 Ocg- Z'a, i- � -77 Spe.Aea $1•C/41•4 — Circulator's Signature 7 970829 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME 5✓iJA n9, C,o .n4 1,I)tA BOO G/+,E.f ,3,-ntiIel- nick ilcs1 dr...) • Cf.!-7/ 1�. XJr..-5 tan 777 Luce/4, ADDRESS, TOWN/CITY, STATE AND ZIP CODE !, 1 , ..l 1,71c/ [ i1 Lr i'i /c. .d l.,i .. O /I c/51 3 o Po ,eox 1,1) / tJt4P+� G;, V6 L i_/ 754,/3 c..C /4 /rL"f„h4 Vij 42 / Fr l� yn1 s., Yb4a% ASSESSOR'S PARCEL # 13113.33000 37 /3//..2.Y0oo6 3, /.3//29.oa0o3/ /9//3.,j p000 J f' (runneA, A/eA „/ foci -ticjc/. /j ,Cu fa-., L' OG2//3//a800co / N /(occ,„.)T co L1)t�.�rl.� ,4 / t, rJ' faw L-/2 /4 F 1- -4 ,J,t..,.,. e- (r,,'t z/ /3 //.�, ooao.2 -'7 fir/ /yn Z, AlaJ-J �tc./ 763 ) (.vE,C.S /0-.1 C� ,16L L//9//' aY add o - cis N // I, /3//3.2v000 ▪ //A.0 -71— T" fis// G•rc.C /G13 /3 //a fea.?Os Jam/ O/%li3l+''/ .G /4 /`r -J „.'°'..4�-r, G s z14 / /f /3// :2 .Y oo 0 o.3�;' S/cc.cce n4. /�i.c 9ST /% /4-kite/4/ r L .o l.,-, 4 Po42/ dfv 000031_ -��i�,C�i✓e/ /�i��c3;d..� /c t� £1q I i•) e/ / i ��11L�s, G, fate / /3//:3s/oo o/y/ liOf'i Zi +/g �:r v ✓ %c�s4j ✓ ilks /- --h-lr t✓C� /I i t 4,„ G x -O12 / /3//.z-)0000 3 Y / 'f.`d4., 1_l /iRX es. /`Gc.A-c' 3s/oo,x, 0 t'3 a7 /�C'cJ///%% .Ov: /,✓f��..,. /(-46LJ/f/V02Z-d'! J'T Po -say" /:3iijao ooa yo 9 970823 AFFIDAVIT OF INTEREST OWNERS SUBSURFACE ESTATE Subject Property 4007 (-de/C. /9 STATE OF COLORADO ) ) ss COUNTY OF WELD ) Fr L u1 T©..) (et) 0L-2_� 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 and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. (-LC LA/1, c Ai( Kier- Ocir a C 2 Signature 9'708,^9 lURe COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 DATE: February 19, 1997 CASE NUMBER: ZPAD-79 PARCEL NUMBER: 1311 33 000036 TO WHOM IT MAY CONCERN: Enclosed is an application from Elizabeth Wilson for a Zoning Permit for More than one Dwellings as Accessory to the Farm (third dwelling unit as accessory to the farm). The parcel of land is described as part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of and adjacent to Weld County Road 19, approximately 1/4 mile south of Weld County Road 16. For a more precise location, see legal. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please reply by March 12, 1997, so that we may give full consideration to your recommendation. Please call Todd A. Hodges, Current Planner II, if you have any questions. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request islis not compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed: Agency Date: 970829 REFERRAL LIST NAME: Elizabeth Wilson CASE NUMBER: ZPAD-79 REFERRALS SENT: February 19, 1997 REFERRALS TO BE RECEIVED BY: March 12, 1997 COUNTY Attorney X Health Department Extension Service Emergency Management Office Sheriffs Office X Public Works Housing Authority Airport Authority Building Inspection STATE Division of Water Resources Geological Survey Department of Health Department of Transportation Historical Society _ Water Conservation Board _ Oil and Gas Conservation Commission FIRE DISTRICTS Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 X Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 La Salle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 Poudre Valley F-15 Raymer F-2 Southeast Weld F-16 Windsor/Severance F-17 Wiggins F-18 Western Hills F-20 OTHER Central Colo. Water Conservancy Dist. Panhandle Eastern Pipe Line Co. X Tri-Area Planning Commission TOWNS and CITIES Ault Brighton Broomfield Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest Greeley Grover Hudson Johnstown Keenesburg Kersey La Salle Lochbuie _ Longmont Mead Milliken _ New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor COUNTIES Adams Boulder Larimer FEDERAL GOVERNMENT AGENCIES US Army Corps of Engineers USDA -APHIS Veterinary Service Federal Aviation Administration Federal Communication Commission SOIL CONSERVATION DISTRICTS Brighton Fort Collins Greeley Longmont West Adams COMMISSION/BOARD MEMBER 970829 TRI-AREA PLANNING COMMISSION P.O. BOX 363 FREDERICK, COLORADO 80530 27 March 1997 eo, Elizabeth & Richard Wilson 6707 WCR 19 Ft. Lupton, CO 80621 Mr. & Mrs. Wilson, MAR 2 8 1997 Your application for an additional accessory building (ZPAD-79) has been scheduled for re -review at the April 1st meeting. We will convene at 7:30 PM at the same location. On behalf of Tri-Area Planning and personally, I apologize for any perception that the matter previously discussed was not seriously or impartially considered. Procedurally, I attempt to maintain an informal, relaxed atmosphere so the discourse between everyone is more productive. Sometimes it may appear too informal because we as a group have worked together for some time. In any event, I will continue with this particular administrative style. Before or during the proceedings, any applicant may request identification of any participating member. Since Mrs. Spurling lives across the road from your location, one would assume you had previously discussed the matter. Also, she recused herself, I merely concurred with that action. Hostile or not, seated on the commission, in the audience, or outside on the curb, she is entitled to express her opinion. Because of opposition, characterizing her comments as "...accusations and innuendos...." is patently incorrect. We will continue to transcribe the minutes from a written record for several practical reasons. A copy is available when specifically requested. As a practical matter, I discourage routing since they are not available until approved at the next meeting. However, if advised prior the next scheduled meeting, they can be available. Finally, any comment regarding "...legal action.", is hopefully the result of passion for the objective at hand and not a veiled threat. Litigiousness between parties has afforded one segment of society more big houses and new cars than justice served. Tri-Area Planning makes a recommendation; County Planning Services makes a recommendation; Weld County Planning Commission makes a recommendation; Weld County Commissioners make a decision. 970829 Your comments submitted were entitled "Recommendations"; worthy of consideration but non -binding. Also, during and following each review plateau, several courses are available to any applicant, any of which could alter the outcome. Once again, my apology for any perceived inequity, and be assured that we will proceed expeditiously and analytically toward the matter at hand. S' rely, Jay M. Curtis, Chairman cc: T. Hodges 970829 TRI-AREA PLANNING COMMISSION P.O. BOX 363 FREDERICK, COLORADO 80530 3 March 1997 Tri-Area Planning: Re: ZPAD-79 Several observations and questions remain outstanding regarding the above captioned application. At present, there are no apparent farming related activities other than those planned. The individual who has farmed this land is no longer involved and the owners are absentee. The last accessory building, a house, has just been completed. That application was made in 1995. This application will bring the number of residences to five, not counting farm outbuildings. Also, according to the application, with this dwelling, an approved but as yet not developed roadway onto WCR 19 will be completed. This will be the third access for this parcel. Because of the number of houses, are they used by non-agricultural employees or individuals, and, are any of the units rentals rather than farm employee housing. Also, in a relatively small area, this many homes create a substantial septic impact. Tri-Area Planning withheld approval because of the potential questions surrounding the agricultural nature of the operation and that an insufficient review had been performed at the county level as to whether or not this location is agricultural to begin with. This particular site is taking on the appearance of a small town. 970S29 iefer; Wi�Yc COLOAADO DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 DATE: February 19, 1997 CASE NUMBER: ZPAD-79 PARCEL NUMBER: 1311 33 000036 TO WHOM IT MAY CONCERN: Enclosed is an application from Elizabeth Wilson for a Zoning Permit for More than one Dwellings as Accessory to the Farm (third dwelling unit as accessory to the farm). The parcel of land is described as part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of and adjacent to Weld County Road 19, approximately 1/4 mile south of Weld County Road 16. For a more precise location, see legal. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please reply by March 12, 1997, so that we may give full consideration to your recommendation. Please call Todd A. Hodges, Current Planner II, if you have any questions. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to 5. XXXPleasereferto tlY n I d le er. Signed: -(.1�� L �� '/ /l�i¢7.� z Date: 3 Marrh 1 qq7 Agency Tri-Area Planning 970829 COLORADO at; mEmoRAnDum To Todd Hodges, Current Planner II Date From Don Carroll, Project Administrator WA' Subject: ZPAD-79, Elizabeth Wilson March 20, 1997 This is a follow-up to our meeting with Ms. Wilson at the site on March 14, 1997. My concerns are the existing and proposed accesses to the facility. With the possibility of five residential structures clustered on the site resembling a minor subdivision, I recommend that we utilize the existing access point. It will utilize an internal road system, and no additional access will be granted. Referring to case ZPAD-67 (see the attached access sheet) dated December 21, 1995, for a temporary axillary dwelling unit to the farm, the Weld County Public Works Department issued a temporary access to move the structure on site. This temporary access point was never utilized or built. In reference to Ordinance 180 under Section 3.5, Temporary Accesses, it states that temporary access should not exceed 60 days. Please refer to the road access information sheet drawing to verify the existing and proposed accesses. Also see attached a copy of the Road Access Information sheet dated November 8, 1995. cc: Commissioner Harbert ZPAD-79 plant PAR 2 970829 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Avenue, P.O. Box 78, (970)PExt. 3750y' Colorado Phone: 356-4000, 3a3 Applicant Name �i/so.. Feic- Aeon'? Phone F3O Jc.e 4 3 35-? Address_k700../City f,��ttz—State 4 Zip P.c:, 2. Address or location of access G 70 1 w c� / 5' Section .3.3 Township r./ Range 6 7 Subdivision Block Weld County Road # /4 Side of Road N S E ok Distance from 8 number of intersecting /s, ..- n.,... . .4.1 0/ t e.....".•-7 Yes_k__No 4 of accesses 3 Is there an existing access to the property? App/ og PD 9'� avi5't-iwII (014.1 tig ine <, `"` (fir I �n.RSicr s T/�. OIL gab �,''�; W c 4e. , R 1 ;t e `crTh s� i.L C Site Sketch: Prop osed use: Permanent X Residential/Agricultural _ Temporary _ Commercial _ Subdivision OFFICE USE ONLY Road ADT Date Accidents Date Road ADT Date Accidents _ Drainage Requirement: Culvert Size Other Comments: /1S'N Ai inintd Q4% Acct 55 i S_ t. 1J, Cets5 IAA A-ait L7 a "rojoo Liao, 1✓ar. %+ (4)ere he WM" ►'o;cie .1 Lot special Conditions _ OtheF Date Length Installation authorized Information Insufficient B.> Industrial C2 ,4 cid r; 3 �2 Reviewed by: Trait. E2 �{ fl�t5E rI Title: 1 10 6 v wcid- OD 3-l4-b'os .1 (t\ Inc COLORADO DATE: February 19, 1997 PARCEL NUMBER: 1311 33 000036 TO WHOM IT MAY CONCERN: DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 1-7:1 777 \�t[�'11 31 FAX (970) 352-6312 WELD QOUNTY ADMINISTRATIVE OFFICES 14Q0 N. 17TH AVENUE FFB 1 9 1997 GREELEY, 80631 CASE NUMBER: ZPAD-79 Enclosed is an application from Elizabeth Wilson for a Zoning Permit for More than one Dwellings as Accessory to the Farm (third dwelling unit as accessory to the farm). The parcel of land is described as part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of and adjacent to Weld County Road 19, approximately 1/4 mile south of Weld County Road 16. For a more precise location, see legal. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please reply by March 12, 1997, so that we may give full consideration to your recommendation. Please call Todd A. Hodges, Current Planner II, if you have any questions. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request isls not compatible with the interests of our town for the following reasons: 3. _/ _e have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to il- 5. Ple use refer to enncllossed IkliSASigned: RAN v/ 1/GAgency ( �/ C P�le Date: 44/41 I ppl i ca►h s 1-ov&L tie .o I t Mum k c i L S 14--0\41IM% be ,z uss. yVp, 191+Q �. �,vdvai �(�F .44 kkstA-.v, ,f� p c ��1-ii.� l ‘��j �F�),u, z Mrs, hiDe COLORADO DATE: February 19, 1997 PARCEL NUMBER: 1311 33 000036 TO WHOM IT MAY CONCERN: DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 CASE NUMBER: ZPAD-79 Enclosed is an application from Elizabeth Wilson for a Zoning Permit for More than one Dwellings as Accessory to the Farm (third dwelling unit as accessory to the farm). The parcel of land is described as part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of and adjacent to Weld County Road 19, approximately 1/4 mile south of Weld County Road 16. For a more precise location, see legal. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please reply by March 12. 1997, so that we may give full consideration to your recommendation. Please call Todd A. Hodges, Current Planner II, if you have any questions. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to 5. Please re to the enclosed letter. Signed: 2v ,he Date:B(�Q/e�-�/ Agency F • Ju, i`O&V F?P Pr 970829 ac 'C , .C ` '�atm 2,2 p '" °C; pasy es. Itirlti11 r4:om n E9 H6L ^ f Id'[ �._�.r 44• 4Z2244 v vi• tl• 1 ��CCCtCCAAySSpA • CMCHAMT[ MILLS h. g 4 T t B• A�ES 09 L.• rr G : 1 r C - a aa. r • G C • • I• C •• • u. C" C H Y C oro SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS ELIZABETH WILSON ZPAD-79 Tsunami Communication 674 Eversol Road Cincinnati, OH 45230 Pamela Booghier P.O. Box 60 Fort Lupton, CO 80621 David Mallory 7543 Weld County Road 16 Fort Lupton, CO 80621 Brett & Kathleen Cary 7772 Weld County Road 16 Fort Lupton, CO 80621 Michael Gunesch 8445 Weld County Road 16 Fort Lupton, CO 80621 Wayne and Mary Lockwood 8275 Weld County Road 16 Fort Lupton, CO 80621 Bud & Joyce Hunziker 7037 Weld County Road 19 Fort Lupton, CO 80621 Kim & Lawrence Richmeier 8511 Weld County Road 16 Fort Lupton, CO 80621 Stanley & Nancy Gandy 8179 Weld County Road 16 Fort Lupton, CO 80621 Anna Mae Sickler 9549 Weld County Road 14 Fort Lupton, CO 80621 Thomas & Diane Spurting 6648 Weld County Road 19 Fort Lupton, CO 80621 JJ & Betty Goetzinger 7128 Weld County Road 19 Fort Lupton, CO 80621 Troudt, Botinelli, Hobbs 14491 Weld County Road 5 Longmont, CO 80504 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number ZPAD-79 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 17th day of April, 1997. 970829 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 April 17, 1997 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: ZPAD-79 There will be a Public Hearing before the Weld County Board of County Commissioners on Wednesday, April 30, 1997, 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: Elizabeth Wilson FOR: A Zoning Permit for More than one Dwelling as Accessory to the Farm (third dwelling unit as accessory to the farm). LEGAL DESCRIPTION: Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Weld County Road 19, approximately 1/4 mile south of Weld County Road 16. Your property is within five -hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Todd A. Hodges, Current Planner II. 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. 970823 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME IS,1n7, nn , ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL # nn STATE AND ZIP CODE oop r) Laic/ Sv/c/�,,L 0O O G /t, -..e in OE'/513o 13//33 000037 7�✓ .6ox Lo 1:1-2,4 ,0,473--) 4, Vo L 24 /37/ .2-Yonoo 3,;Z 1h0.IIcsy Dcu,';Jd 754/,3 uJc C /4 /�/--Lie% 4 k54z / N ( t t- y / 4`..4--4151-J Kad1, l -a./- 7 77a L.JC /4 FTfc,-Fyn)-i--, G YOC-zi (}i,�.,L3ct� A/e/-1144_1 �S�cCS G.JGJC /L �J �upp/zr„ SOGa/ /3i/2 00000/ /3//29,,00a-3, /3//302 O000/p V A0cC�Joroz7. (N /LL� / Va7J 4) / cyz /L T Lc,d_nj_,y.. A PO e_ 2/ /3 / /.7�'oo rr N gin z,M /gin) J O,y r_.L, / 763 7 (/JGC / 5- p� L moo.,, ?oh 2-/ /3 /P ay 0000,,/5 03//3.2 a ooa a o- \' // /I /Cfim£i £.d" 4 eL yce /rte r -A/47,`.) 9-S// LAC.G It `/L,..7yrL...G, /3 //-.zSa»O '!y f/ism /4 /3//a.Yov0 a3Li' /hA ` 9s e, zA Z /4/ 4 Pod 2/ /3//3Y ca S7dJCt i.✓G/ 227ar'c-q tZ o ✓ o voo3l I� £4 5/ g C.Ja/C / O,i t2 ---2,,,,-9-,C, 0 04 e / /3//3,/ 000o o /'7/ d�AJCfj Z,,,iera v/.`/ ✓ ,/d,L zj :Li; 4_,e.i-- -7/2 ? i�G.< / 7 /rfr 4¢„ G trot L/ /3//.z-20000 3 Y lGg�CP/i[ ./ -4 - ),,. i. V' ,, /-�//.�.?a o o o 0 7 /t�',1//U/ 21; /,✓£cam., ,C444/(/51571,-)1'-,°- or moo/ ,fsn, an,- ,12Q5"c, y /3/ij3 o O 00 v o i tyl-w�rl9 970823 MEMORANDUM WiiDe COLORADO TO: Case File ZPAD-79 , April 1, 1997 From: Kerri D. Keithley, Current Planner SUBJECT: Wilson Zoning Permit for an Accessory Dwelling On March 20, 1997, Diana Spurling called to inquire about a hearing date for Elizabeth Wilson (ZPAD 79). She indicated that there seemed to be "strange" things occurring on the property such as cars driving in and out at odd hours of the morning and too many "boys" always there. She reiterated that she is in opposition to this request and asked the correct procedure to speak against it in a hearing. I informed her that a hearing date has not yet been established for the case and there will be a sign posted on the property at least 10 days prior to any hearing. On that same day, Elizabeth Wilson called to inquire about any decision that was made in the staff meeting that morning. I told her that no decision was made and for her to contact Todd Hodges, the planner on the case for more information. She preceded to tell me about her herb operation and the happenings at the Tri-Area Planning Commission hearing. She indicated that she was unable to get a copy of the Intergovernmental Agreement between Tri-Area and the county and has left many messages for Jay Curtis regarding changing Tri-Area's referral. She also questioned the right for surrounding property owners to speak against her case at the county hearing, as they had been heard at the Tri-Area hearing. I indicated that a hearing at the county level is a public hearing and everyone will have a chance to speak for or against any case. 970829 oh County PLankw ept FEB 0 3 1997 Weld County Dep₹. of !.Canning Se,vLces. c/o Kennie Ketthluy- gulie Cheafen (Zoning! 2anuaRy 3/, /997 6648 W.C.2d. /9 Ft.Lupton, Co. 8062/ 303-833-3/32 Re: lemp. Acc. Dwelling Ontt--WLchand + tlivabe₹h Wilson We ationyly object to the issuance of anothen honing penmit fon a temppnany acceasony dwelling unit to be uaed as a Residence.. And will attend Commiaaionena heafin9 when notified of date and time. Moat of the adjoining pnopenty ownenn 'Lye up to / /12 miles away, we unfontunately live acnoas the Road ?nom this even growing nuisance, and ane moat affected by yours decision. Ours concenna ane based on: /.No one staying on pnemiae is engaged, in any way, in apt. activities. 2. Ownena do not Reside on pnemiae. 3. No livestock ane pneaent. 4. Last temp. dwelling allowed is located on prime tRRigated farmland, as this one will be also. 5. A business is openafing, that is not agzi. Related, in 40 x 96 9anaye. /his last year two dwellings wene occupied and a third vented pant of the yeah. The only wands 1 can think of to explain the situation here is a (nee-fon-all; BOYS, with no adult supervision, 24 houRA a day. Come one --Come all --Stay if you want --Do what you wan₹ ---- With a total diaie9ard fon us, our home, OA prop. Thies Request is based on expansion plans of a non -existing foam operation and will Result in a poorly planned, overpopulated sub -division. We ash fon dental of fhLa penmit. We also ask fon Removal of the othen acc. use -temp. dwellings, as ,onin9 ne9uines because of cessation of use. Thank You fon your Consideration, /homos C. + Duna L. Spunling /// 3: O8non .3 Wilson Farm Project Overview 1. We bought the property in January 1996 for the purpose of farming it. 2. By contract we were not able to actively farm it until 1997. 3. Knowing we would need two accessory dwellings we wanted to apply for the permits together. At that time (December 1995), Weld County Planning (WCP) told us we needed to apply for the dwellings individually. This year, when we applied for the second dwelling, WCP told us we could have applied for them together in the first place. 4. We bought the second house in good faith and began to repeat the application process. 5. We circulated a new petition, garnering over 75% of the neighbor's support. They are all very glad we intend to keep it in agriculture. 6. Our plan is to raise herbs, elk, hay, and wheat. 7. The herb operation, which is the most labor intensive will include a green house and is targeted to cover 50 acres within five years. 8. Several of the key crops will take three to four years to develop an adequate root system for harvesting. 9. All of this requires hands-on work and a long-term commitment; something one would only expect from family. 10. We expect to make a positive contribution to the community, to Weld County, and to agriculture. SPECIFIC RESPONSES re: 43.2.3.1.1 * At least one resident of each dwelling will be principally employed on the farm as of June 1st. * Reasonable alternatives are not readily available. A Tri-area realtor gave us the names of two rental managers in the Tri- area and one in Ft. Lupton. We encountered long waiting lists and few houses ever available in country. Rent is very expensive when houses are available. Planner suggested maybe we could find some migrant housing.(?) We tried to trade, using the smallest dwelling for larger one. We were not allowed to because it would extend the non -conforming use of the small house. We tried to have the use of our accessory dwellings justified on the prime irrigated portion of our property which is where the intensive use will take place. The Planning Department says we cannot subdivide even the 80 acres provided by law or else we will have to remove the dwelling for which we just received a Certificate of Occupancy. Re: 43.2.3.1.2 * We have prepared and submitted an extensive plan to the Weld County Planning Department, including projected number of labor hours per week: 380. (9.5 full-time workers) * We need our workers on -site for the effective and economic operation of our farming activities, especially herbs which require split -shift hours. * The new dwelling is strategically placed for optimum monitoring of the elk and the greenhouse. We need enough people on site to monitor the elk for safety and security reasons. While not vicious, they are skittish, and they are very expensive. We need maximum protection until our facility is well tested. Planning told us they have never had a request like ours for an herb operation. We will have a greenhouse for year-round production, and herbs are very labor intensive -planting, transplanting, rooting, potting and packaging thousands of tiny plants every week. Fertilizing, temperature control, watering, monitoring soil conditions, germination rates, etc., all take a lot of time. 970829 What is described as the "current operation" is what has been done here historically. We are keeping, possibly increasing the hay production. We are keeping the wheat production, including 80 additional acres of surrounding tower property. We are replacing the corn with a variety of perennial herbs, medicinal and culinary, as well as numerous other types of plants. Our elk are presently boarded. We will be moving them on site this summer. Three of them are bred heifers and we don't want to move them until after they have given birth and are settled. The bull will have the velvet antler removed about the end of June, making him easier to transport. We still need to construct our handling facility. We have been unable to do so before now since the previous tenant farmer had not removed his haystack and it is located where the elk facility will be. Re: "43.2.1.3", presumably intended to be 43.2.3.1.3 * This accessory dwelling will be occupied by the owners. * Our accessory dwellings will not be used as an income source for rental to persons not principally employed on the lot. Re: "43.2.1.4", presumably intended to be 43.2.3.1.4 * Adequate water and sewage disposal facilities are available for this accessory dwelling unit. Summary We have a house sitting up on iron. We are paying daily rent on the iron. We bought the house in good faith, following the same procedure we did last year. We have the same proposal, the same people, the same intention and the same projected result. In our review of other ZPADs, we found that no previous request for an accessory dwelling to a farm has been denied. We are requesting a permit for a legitimate and reasonable use of our property. We need this dwelling to proceed with our plans and protect our investment in this farm. We are keeping it in agriculture and we are bringing a clean, future oriented business to the county. Please grant our permit and allow us to get on with the business of farming. 970829 From: DALE PHARMACY 30."^572403 To: - 04/20/97 11:32 P. 001 Todd Hodges Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 26 April 1997 6707 W.C.R. 19 Ft. Lupton, Colored° 80621 APR 2 8 1997 Dear Mr. Hodges, Accompanying this cover letter is a copy of our response letter to the Spurling letter dated January 31, 1997, which we found in the packet that we received from you. Also included is a copy of the letter that we had sent to Jay Curtis in response to his letter to Us which is already in the packet. Please send these as an addendum to our ZPAD-79 packet that has been sent to the County Commissioners for our hearing on 30 April. Sincerely, Elizabeth Wilson 04/28/97 10:36 (4. EXHIBIT iPfl7. Ft TX/RX N0.7154 P.001 mi 97082 970829 04/28/97 10:36 TX/RX NO.7154 P.001 II 5fom: DALE PHARMACY 302^C72403 To: 04/20/97 11:32 P. 002 Thomas E. & Diana L. Spurling 6648 W.C.R. 19 Ft. Lupton, Colorado 80621 26 April 1997 6707 W.C.A. 19 I't., Lupton, Colorado 80621 Dear Mr. & Mrs. $}curling, Yesterday, we received our packet from Weld County Planning Department in preparation for our hearing with the county Commissioners on April 30. Included in the packet was a letter from you to them, dated January 31, 1997. Your letter contains numerous errors and misleading statements. 1. Contrary to your allegation, the fact is that everyone on our premises is involved in agricultural activities. 2. Contrary to your allegation, the fact is that the owners du reside On the premises. 3. Contrary to your allegation/ the fact is that livestock had been present since we have owned the farm and will again be present. 4. Contrary to the nuances of your misleading statement, the fact is that less than two of our 240 acres will be taken out of production to accommodate both homes, elk handling facilities, and greenhouses. Homes were clustered and strategically placed to keep the maximum amount of land in production as well as to provide optimum viewing of the planned elk operation. 5. Contrary to your allegation, the fact is that a business is not operating in the shop_ We have provided our sons and their friends with a constructive avenue far using their talents and energy to repair their cars and trucks and to help others. The fact is that NO unsupervised "boys" have been living here. The young men here were astonished by your assertion that they have "total disregard" since you have never even met them. They are in fact a fine group, with a history of being helpful and friendly towards neighbors. 04/28/97 10:36 970829 TX/RX NO.7154 P.002 • From: DALE PHARMACY 30.^—h72403 To: 04/29/97 11=32 P. 003 It seems unfortunate to us that you didn't contact us if you felt there was a problem. We have attempted to contact you in person, by mail, and by phone on several occasions. Prior to our hearing at the Tri-Area Planning Commission in March, where we were surprised to find that you, Mrs. Spurting, were on the Commission, we had never met you. On that occasion, when we attempted to discuss with you any problem you might have had with us, you refused to discuss it, stating "I don't want to talk about it. I'll see you in Greeley." Your displayed hostility towards us at that time was much like an ambush, since you had never even said "Hello" to anyone over here in the fourteen months that we had owned the property. We object to your reference to us as "an ever growing nuisance". You also state that "this request is based on expansion plans of a non -existing farm operation". Your statement is erroneous and misleading. The fact is that our purchase contract prevented us from starting to farm until this spring. Obviously, you are entitled voice legitimate opposition upon you to make the effort that standard. If you choose Commissioners, it will be a erroneous statements that yo to your opinion, and are entitled to to our project. However, it is incumbent to be factual and we will hold you to to appear before the County good opportunity for you to retract the u have made. Hopefully, your perceptions have altered over as we have begun farming. We have the support neighbors and it is our desire to have a good as wall. Please feel free to contact us anytime sincerely, Richard and Elizabeth Wilson cc; Todd Hodges Weld County Commissioners Lee Morrison the last three months, of the majority of our relationship willi you you have a concern. 970829 04/28/97 10:36 TX/RX NO.7154 P.003 • From: DALE PHARMACY 3030'572403 To: 04,28/97 11:33 P. 004 Mr. Jay Curtis, Chairman TRI-AREA PLANNING COMMISSION Y.O. BOX 363 FREDERICK, COLORADO R053O RE: ZPAD-79 2 April 1997 6707 W.C.R. 19 Ft. Lupton, Colorado 80621 Dear Mr. Curtis, Thank you for your letter, dated 27 March 1997. We appreciate your expressed concern regarding our perceptions of the Tri-Area Planning Commission meeting we attended. we take this opportunity to respond to several items in your letter. 1. we have no objection to your administrative style and understand the usefulness of an informal approach. 2. Regarding the identification of Commission that name placards in front of each member be identification of members to the audience. 3. Your letter states that since we live across the road from the Spurlings, "one would assume you had previously discussed the matter." At the Commission meeting, we stated that we were meeting Mrs. $purling for the first time. She acknowledged that she had not responded to our attempts to contact her in person at her home, by phone, or by mail. Perhaps the informality of several concurrent conversations causes some significant items to be missed. 4. we certainly agree that Mrs. Spurliug has a right to her opinion and a right to express it appropriately. we characterized her comments as •accusations and innuendoes" not because of her opposition to our project, but because of what she said. members, we suggest used for easy 970829 04/28/97 10:36 TX/RX NO.7154 P.004 II From: DALE PHARMACY 30^-572403 To: 04/28/97 11:33 P. 005 She accused us of illegal activity. Upon our request for her to clarify her statement, she stated "We both know what's going on over there." and "We'll discuss it later." We waited for her after the meeting -- "later" - but she refused to explain the comments she had made during the meeting, stating "I don't want to talk about it." and "I'll BOO you in Greeley." She has no right to use her public position to attack us personally. Additionally, she did not Confine her questions to ordinance issues. We believe hex inappropriate remarks should have been addressed by the chairman at the time they occurred. 5. Our comments regarding legal action were not a veiled threat but rather, a recommendation that the business of the Commission be conducted in such a way as to protect the "due process" rights or those whose petitions are reviewed by the Commission. 6. When the vote was taken at the Commission meeting, we were told that our petition (ZPAD-79) would be sent to Weld county planners with "no recommendation". What was actually sent was a letter stating that "approval was withheld", which in turn, was interpreted by weld county planners as a negative recommendation. Please clarify this point with Todd Hodges as we discussed by phone the day before yesterday, when we called to inform you that we would not be appearing at the April 1 TAPC meeting. 7. Finally, please forward to us a copy of the minutes of the March TAPC meeting, as well as the April TAPC meeting minutes. Thank you very much for your time and attention to this matter. sincerely Yours, �n r Richard s Elizabeth Wilson cc: Todd Hodges Lee Morrison 970829 04/28/97 10:36 TX/RX NO.7154 P.005 ■ 26 April 1997 6707 W.C.R. 19 Ft. Lupton, Colorado 80621 Thomas E. & Diana L. Spurling 6648 W.C.R. 19 Ft. Lupton, Colorado 80621 Dear Mr. & Mrs. Spurling, Yesterday, we received our packet from Weld County Planning Department in preparation for our hearing with the County Commissioners on April 30. Included in the packet was a letter from you to them, dated January 31, 1997. Your letter contains numerous errors and misleading statements. 1. Contrary to your allegation, the fact is that everyone on our premises is involved in agricultural activities. 2. Contrary to your allegation, the fact is that the owners do reside on the premises. 3. Contrary to your allegation, the fact is that livestock had been present since we have owned the farm and will again be present. 4. Contrary to the nuances of your misleading statement, the fact is that less than two of our 240 acres will be taken out of production to accommodate both homes, elk handling facilities, and greenhouses. Homes were clustered and strategically placed to keep the maximum amount of land in production as well as to provide optimum viewing of the planned elk operation. 5. Contrary to your allegation, the fact is that a business is not operating in the shop. We have provided our sons and their friends with a constructive avenue for using their talents and energy to repair their cars and trucks and to help others. The fact is that NO unsupervised "boys" have been living here. The young men here were astonished by your assertion that they have "total disregard" since you have never even met them. They are in fact a fine group, with a history of being helpful and friendly towards neighbors. 970829 It seems unfortunate to us that you didn't contact us if you felt there was a problem. We have attempted to contact you in person, by mail, and by phone on several occasions. Prior to our hearing at the Tri-Area Planning Commission in March, where we were surprised to find that you, Mrs. Spurling, were on the Commission, we had never met you. On that occasion, when we attempted to discuss with you any problem you might have had with us, you refused to discuss it, stating "I don't want to talk about it. I'll see you in Greeley." Your displayed hostility towards us at that time was much like an ambush, since you had never even said "Hello" to anyone over here in the fourteen months that we had owned the property. We object to your reference to us as "an ever growing nuisance". You also state that "this request is based on expansion plans of a non -existing farm operation". Your statement is erroneous and misleading. The fact is that our purchase contract prevented us from starting to farm until this spring. Obviously, you are entitled to your opinion, and are entitled to voice legitimate opposition to our project. However, it is incumbent upon you to make the effort to be factual and we will hold you to that standard. If you choose to appear before the County Commissioners, it will be a good opportunity for you to retract the erroneous statements that you have made. Hopefully, your perceptions have altered over the last three months, as we have begun farming. We have the support of the majority of our neighbors and it is our desire to have a good relationship with you as well. Please feel free to contact us anytime you have a concern. Sincerely, Richard and Elizabeth Wilson cc: Todd Hodges Weld County Commissioners Lee Morrison 970829 Hello