HomeMy WebLinkAbout950450.tiffGEORGE H. OTTENHOFF
KENNETH F. LIND
KIM R. LAWRENCE
JEFFREY R. BURNS
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O. BOX 326
GREELEY. COLORADO 80632
January 11, 1995
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
Attention: Todd Hodges
Re: USR-1069 (Wardlaw)
Dear Mr. Hodges:
ti
EXHIBIT
i
TELEPHONE
1303) 353-2323
(303) 356-9160
TELECOPIER
(303) 356-1111
On this date I have received your letter dated January 9, 1995
which makes reference to my letter dated December 28, 1994. I have
reviewed your letter dated January 9, 1995 with the letter authored
by Greg Thompson dated August 24, 1994 concerning the establishment
of the non -conforming use and I must state, candidly, that your
January letter does not conform in any respect to the August
letter.
First, you state that staff determined that the use ceased
when RE1119 was approved. No such statement is made in the August
letter. In fact, the August letter states that the staff review of
the RE1119 proposal did not indicate a feedlot existed, there was
no indication of a feedlot on the subject property in the
application and the Weld County Assessor's records did not show a
feedlot existed. The August 24 letter further suggests that
additional information be submitted which clarified uses of the
site and animal numbers. Needless to say, the August letter makes
absolutely no reference to any increase in use, it merely states
that there was not enough evidence to support the fact that a
feedlot existed and the numbers.
At this time I can only conclude that you are attempting to
"boot strap" and cover the fact that the Planning Department made
an error when RE1119 was approved. There is absolutely no question
that the feedlot existed at the time RE1119 was approved and the
only mistake was on the part of the Planning Department to approve
the RE.
Applying the plain language of Section 73.1.1, the use of the
feedlot has not been enlarged or increased, nor has the feedlot
expanded to occupy a greater area of land than previously existed.
Section 73.1.1 talks about "use", it makes no reference whatsoever
950450
Weld County Department of Planning Services
January 11, 1995
Page 2
to the size of the lot. Therefore, your belated interpretation of
73.1.1 is incorrect in light of the fact that the existing use is
now the same as it has been for many years. I would also call to
your attention the definition of "use" as well as the regulations
involving recorded exemptions. None of those definitions or
regulations support, in any way, your curious definition of
"increased" which, incidently, is not defined or supported by any
of the other definitions.
In any event, as your January 9th letter is not supported by
the prior letter of August 24, I can only conclude that you did not
have a copy of the August 24 letter. For your convenience, I have
enclosed a copy.
Very truly yours,
LIND, IDTTENHOFF
Kenneth✓A'. Lind
KFL/cg
Enclosure
pc: John Wardlaw
9504.0
‘ace*:‘
Wine
COLORADO
August 24, 1994
John M. Wardlaw
26271 Weld County Road 60
Greeley, CO 80631
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: Establishment of non -conforming use on Lot. A of RE -1119.
Dear Mr. Wardlaw:
Department of Planning Services' staff has reviewed information which was
submitted by you to establish a nonconforming use, including a Bill of Sale with
an attached legal description, a letter dated April 1. 1994 from you, a letter
dated May 11, 1994 from Richard Sitzman, a letter dated April 18, 1994 from
Thomas E. Rainbolt, and a plot plan. Additionally, staff reviewed the file
associated with RE -1119, and the Weld County Assessor's Records.
Recorded Exemption 1119 showed no indication of a feedlot on the subject
property. The application which was submitted indicated Lot A would be utilized
as a residential lot and did not show any information about a feedlot. The
Planner that went on a field check for the recorded exemption did not indicate
a feedlot existed. Additionally, the Weld County Assessor's record cards for
this property do not indicate a feedlot located on the property until 1991.
After reviewing the information which was submitted and county records, the
Department of Planning Services' staff is unable to establish a non -conforming
use at this time. If additional information is submitted at a later date which
clarifies the use on the site and establishes animal numbers, staff would review
that information in conjunction with the information which was reviewed for this
letter.
Another possibility would be to apply for a Use by Special Review, which, if
approved by the Board of County Commissioners, would allow the uses which are
desired with appropriate conditions of approval and development standards.
Should any questions arise, please call or write.
Sincerely,
G
Greg THbmpson
Current Planner
950450
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