HomeMy WebLinkAbout982507.tiff DEPARTMENT OF PLANNING SERVICES
INISTRATIVE OFFICES
I PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
CWELD COUNTYGREELtE1400 N. 17TH Y, COLORADO V8 63E
COLORADO December 7, 1998
Nan Boyer
836 East 17th Avenue
Denver, Colorado 80218
RE: Althen-Boyer Subdivision open area, being part of Section 23, T1 N, R68W of the 6th PM
Dear Ms. Boyer:
Department of Planning Services' staff has discussed with legal staff the possibility of changing
the use of the platted "open area" in Althen-Boyer Subdivision. It has been determined that this
parcel is eligible to apply for a resubdivision in accordance with Section 8.4 of the Weld County
Subdivision Ordinance. This process also follows Final Plat procedures found in Section 7 of
the Subdivision Ordinance.
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There may be several issues, however, which would make it difficult to approve such an
application. For example, Section 8.4.1.2 requires a letter explaining how the resubdivision
complies with the adopted rules, regulations and ordinances currently in force. The commercial
and industrial sections of the Comprehensive Plan require that adequate public services and
facilities are available to serve the development, while the Planned Unit Development (PUD)
Ordinance requires all new PUD's containing commercial and/or industrial uses to be serviced
by a public water and public sewer system.
Additionally, C.Goal 3 states, "New development should either be located in areas free of natural
hazards, such as wildlife, geologic hazards, floods and high winds, or be designed to mitigate
the hazards." Althen-Boyer Subdivision is located entirely within the Geologic Hazard Overlay
District. These are just examples of issues which would arise through the resubdivision process.
I would also point out that property maintenance is the responsibility of the property owner as
your letter states that the lot is "overgrown with weeds and is an unsightly nuisance to
surrounding tenants".
I have enclosed a copy of the resubdivision procedural guide and application forms for your
review. Please call me if you have any questions_
Sincerely,
cott Ballstadt
Planner II
982507
i-, /, 11 O7
WaLD COUNTY
1978 EC - I MM 8: 50
CLERK 836 East 17th Avenue
TO THE BOA.^.D Denver, Colorado 80218
November 27, 1998
Weld county Board of Commissioners
P.O. Box 758
Greeley, Colorado 80632
Re: Althen-Boyer Subdivision Open Area
Being Dart of Section 23, T1N, R68W
Dear Members of the Board:
I am writing to ask your help, in the hope of changing the use on the piece of
land described above.
In 1976 my husband, John Boyer (deceased), and Fred Althen were partners
in an 80-acre commercial development in Weld County. Since that time all of the
acreage has been sold or leased except for approximately six acres north of the
Bull Canal. Originally, and for only a very short time, the ground was used for
agricultural purposes. However, for most of the years since, it has not been used
at all, but is overgrown with weeds and is an unsightly nuisance to surrounding
tenants.
Sometime early this fall Gordon Ballinger asked Scott Ballstadt of the
Department of Planning Services if the parcel could be developed otherwise, but
the request was denied. Subsequently I wrote to Mr. Ballstadt, and am enclosing
a copy of that letter, dated October 6, 1998. His reply to me was a copy of his
letter to Gordon Ballinger, dated August 10, 1998 (enclosed. No cover letter;
highlighting is his). He also enclosed this copy of the Althen-Boyer letter, dated
May 3, 1976, from which I had quoted.
Can you let me know if the use can be changed for this parcel of ground, and
what the process might entail? Needless to say, your help would be greatly
appreciated.
Sincerely,
Nan Boyer
cc: Gordon Ballinger
93 5v'2
836 East 17th Avenue
Denver, Colorado 80218
October 6, 1998
Department of Planning Services
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631
Attention: Scott Bailstadt
Re: Althen-Boyer Subdivision Open Area,
Beina Part of Section 23. T1N. R68W
Dear Mr. Ballstadt:
I have been in contact with my realtor, Gordon Ballinger, regarding the
above-referenced property, and have reviewed both your letter to him dated
August 10, 1998, and the one to Weld County Planning Commission from Fred
Althen and my husband, John Boyer (deceased), dated May 3, 1976. So I
understand the County's position regarding this piece of land, which at one time
was used for agricultural purposes.
However, the Althen-Boyer letter states that "No higher use is
contemplated at this time ... ". In the 23 years since the property was subdivided,
a number of changes have taken place in the area, and this ground has not been
used for agricultural purposes for many, many years. It has virtually no use now
except to grow weeds and is truly an eyesore for current and potential users of
the property surrounding it.
Therefore, I believe the highest and best use now is to make this a viable
and useful lot in the Althen-Boyer Commercial Development Plan. I would ishing this,
very grateful if you could tell me the necessary process
and your opinion as to the possibility of a use change. Gordon has contacted
Manuel Montoya of the Farmer's Reservoir and Irrigation Company, which I
understand manages the Bull Canal, and Mr. Montoya has indicated that we
could procure ingress and egress rights to the property.
Needless to say, any information you can give me by letter or telephone
(my number is 303-831-1230), or any help at all you can extend to us in this
matter, will be greatly appreciated.
Sincerely,
Nan Boyer
cc: Gordon Ballinger
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(Mtn r'. DEPARTMENT OF PLANNING SERVICES
T PHONE (970) 353-6100, EXT.3559• FAX (970) 352-6312
C. WELD COUNTY ADMINISTRATIVE
L1400 . 17THVENUE GREEEY, COLORADO
COLORADO
August '10, 1998
Gordon Ballinger
REMAX
6363 West 120th Avenue
Suite 300
Broomfield, Colorado 80020
RE: Althen-Boyer Subdivision open area, being part of Section 23, Ti N, R68W
Dear Mr. Ballinger
You recently requested that staff determine whether or not the platted "open area" in the
aforementioned subdivision is buildable. Through the process of my research it appears that
you had also asked the same question of Gloria Dunn, a former planner. Since I was unable to
locate Ms. Dunn's response, I researched the subdivision file a the Weld County Clerk to the
Board's office. These files are public record and you shouid feel free to inspect them yourself in
the future.
'7(C
Attached is a copy of a letter from Mr. Althen and Mr. Boyer dated May 3, 1998: This letter
clearly states their intentions are not to develop the area, but to continue agricultural use. The
Department of Planning Services therefore considers this area to be "non-buildable" open space
as the applicants originally intended.
Please call if you have any questions.
Sincerely, _ `
Scott Ballstadt
Planner II •
pc: Nan Boyer ^�
836 East 17th Avenue ,
Denver, Colorado 80218
Althen-Boyer file
property research file 64%
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May 3 , 1976
Weld County Planning Commission
1516 Hospital Road '
Greeley, Colorado 80631 Re: Althen-Boyer Commercial
Development Plan
Re: Open Areas
Gentlemen:
With respect to the plat of the above identified subdivision
recorded in Weld County, Book no. 721, the "open" areas and the
future use thereof are as follows :
1. The area of land lying North of the Bull Canal , as shown
bn the said plat , has been used for agricultural purposes and a
continuation of the said use is intended. No higher use is con-
templated at this time, nor would the same be considered without
prior approval being first obtained from all necessary govern-
mental agencies . Any deed of conveyance of this open area will
contain this limitation.
2 . With respect to the area designated on the said plat as
"Water storage area , " the same will be allowed to remain for fire
protection purposes, and the open area surrounding said body of
water will remain open for access to said water storage and for
the use of the occupants of the subdivision.
Yours very truly,
Fred Althen , Sr .
5720 So. Pearl St .
Littleton , Colo. 80120
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John St .A. Boyer
836 Ea . 17th Ave .
Denver, Colo. 80218
9 3S6-7
CORRESPONDENCE RESPONSE
Thou ,
DEPARTMENT Pitt" w)-(a)
****PLEASE RESPOND BY: /(910-08 ****
RECOMMENDED ACTION:
Narrative:
Weld County Planning Dept.
DEC 0 2 1998
METHOD OF RESPONSE:
Board Action
Worksession
Letter (Attached)
Telephone Call
No Response
c(1-4(19
cark-
Staff Signature
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05/28/98
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