HomeMy WebLinkAbout952587.tiffUSE BY SPECIAL REVIEW APPLICATION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax (970) 351-6312
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:
Lot 8 of the NEB/,NEB/< of Section 9, Township 5 North, Range 65 West, according to the Subdivision of Lands of
the Union Colony.
Total Acreage: 5 acres
Present Zone: Ag Overlay Zone - Airport
PROPOSED USE: Art Gallery
SURFACE FEE OWNERS OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT:
Larry L. and Mary Jean Mueller
APPLICANT:
Larry L and Mary Jean Mueller
1309 E. 16th Street
Greeley, CO 80631
(970) 352-4397
AGENT FOR APPLICANT:
William G. Crews, CPL
1223 28th Avenue, Suite 2
Greeley, CO 80631
(970) 351-0733
DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Paid: 311/
Receipt it: -, t
Date: d o,
Zoning District: f4„
Zoning Permit it: ty5 _/D9S
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Flood Plain: ❑ Ye2- • No Geologic Hazard: ❑ Yes •
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A!Teel OvPl OAS
Approved by: O Staff O Board of County Commissioners - Hearing Date: `J %
Recording Fee Paid:
Receipt #:
Date:
ISSUED BY:
Date:
I hereby state that all statements and plans submitted with this Application are true and correct to the best of my
knowledge.
William G. Crews, Attorney -in -Fact
August 29, 1995
952587
Narrative to Application
REQUESTED USE: Applicants request a Use by Special Review Permit to allow Applicants to
own and operate an art gallery (tentatively named the Thunderbird Gallery) in the existing home
on the USR tract. Access to the home and gallery will be from E. 16th Street north on a private
easement which is, approximately, an extension of Cherry Avenue from the south.
CONSISTENT WITH COMPREHENSIVE PLAN: This use is consistent with the Weld County
Comprehensive Plan, which encourages the development of new business activity and the
promotion of the arts. While the applicants are not themselves the creators of the art to be
displayed and sold, they will be contributing to the offering of works of art available to the public
in Weld County.
NEED: The requested USR is needed in order to permit such a business. The Ag district would
allow a gallery to display and sell works of art created by a gallery owner if the gallery did not
exceed 300 square feet. The proposed gallery will involve approximately 600 square feet, with
possible expansion to an existing upstairs room adding an additional 660 square feet.
ZONING DISTRICT HISTORY AND USE: The USR parcel is used for a private dwelling, home
shops and pasture. The parcel is surrounded on two sides by land which is suitable only for
gravel mining, on another side by land used for pasture, and on the remaining side by a
residence on a small tract.
AGRICULTURAL LAND: No agricultural land will be taken out of use.
HEALTH, SAFETY AND WELFARE: The health, safety and welfare of the occupants and
surrounding owners will be protected by strict adherence to Weld County Health Department
rules. There is no danger to the public associated with the proposed activity.
SITE LOCATIONS AND USE: The home exists on the southern part of the 5 -acre tract.
Customers will access the parcel by turning north from E. 16th Street on an existing private road
(at what would be approximately Cherry Avenue if the access road were a public road), then
proceeding approximately one -quarter mile to the SE corner of the parcel, then west to the home.
The home is nicely landscaped and provides a pleasant setting for the proposed use.
NEARBY HOMES: There is only one home within 500 feet of the home on the USR parcel, which
is that of Mary Jean Donovan to the west.
BUSINESS HOURS: It is anticipated that the initial normal hours of operation will be from 10:00
a.m. to 5:00 p.m. daily except Monday. Depending upon demand, these house may be extended
somewhat to accommodate those who cannot visit the gallery during normal hours.
PERSONNEL: There will be no employees other than the applicants during the first months of
operation. Additional employees will be added as necessary to serve the customers. Due to the
nature of an art gallery (and coffee house) operation, it is not anticipated that more than perhaps
two employees, in addition to the Applicants, will be permanently employed.
ANIMALS: There will be no animals in the home or at the site which are not household pets or
which are otherwise permitted in the Ag District. The Applicants currently graze some sheep in
the pasture area at the northern end of the parcel.
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952587
EQUIPMENT: No special equipment will be needed.
STRUCTURES: The home where the gallery will be operated is in existence. Any interior
remodeling or additions to the structure will be in compliance with the rules and codes of the
Weld County Building Department.
SIGNS: Applicants are negotiating with the landowners adjacent to E. 16th Street at the turnoff to
the property for the rights to erect one or two signs, each not exceeding 16 square feet of actual
sign area. The design is not finalized, but a sketch of a design under consideration is included
herewith. Signs will not be lighted except possibly by a spotlight during winter months when
darkness occurs when the gallery is still open. A small sign or signs will be placed at the home to
let customers know that the home is the site of the gallery and to direct them to the front
entrance.
VEHICLES: Other than during an art show, very little traffic is anticipated. The traffic will be
passenger vehicles generally carrying no more than two people. During an art show, it is
anticipated that there will be a moderate amount of passenger traffic, but the parking facilities and
access road are quite adequate to handle even a large turnout.
PARKING: Parking will be along the access road leading to the home, and in the gravel yard area
to the north of the house. Ample parking space is available to accommodate even a large turnout
for a showing or special event.
SEWER: No additional sewer or septic facilities will be installed. There are currently three
bathrooms in the home, one of which will be set aside for use in connection with the gallery.
WASTE: There will be no creation of additional waste other than packing materials used in
connection with incoming shipments. All waste and debris will be hauled from the site by
commercial trash haulers.
TIMETABLE: The gallery will open immediately upon approval of the USR application.
LANDSCAPING: No additional landscaping is anticipated. There is extensive existing
landscaping, including large lawn areas, trees, shrubs and an orchard.
EROSION AND STORM WATER DRAINAGE: There will be no changes to existing drainage.
FIRE PROTECTION: Fire protection is provided by the Western Hills Fire Department, and there
will be no increased demand for fire protection services.
WATER: Water service to the home is already in existence and is more than adequate to meet
the needs of the residents and clients.
SOIL CLASSIFICATION: The soil classification of the entire USR area, from Soil Survey of Weld
County, Colorado, Southern Part, U.S. Department of Agriculture, September, 1980, Sheet 8, -
Greeley Quadrangle, is Bankard sandy loam, 0 to 3 percent slopes.
FLOODPLAIN: The Improvement Location Certificate prepared by Gerald B. McRae, P.E. & L.S. of
McRae and Short, Inc. of Greeley, Colorado, under Project No. 4-93462, indicates that the USR
area does not lie within the 100 -Year Floodway as defined by the Flood Insurance Rate Map
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952557
Community Panel No. 080266-0637-C, effective date September 28, 1982, and prepared by the
Federal Emergency Management Agency.
AIRPORT OVERLAY: The proposed use will have no effect whatsoever on aviation.
COMMENTS: The Mary Jean Donovan shown as owning the tract to the west of the USR area
(0961-09-1-00017) is the same person as the applicant, Mary Jean Mueller. Donovan is her
maiden name.
EXHIBITS AND ATTACHMENTS: The following are attached hereto and made a part of this
application:
81/2" x 11' reduction of the large USR plat submitted herewith
USDA soil information sheet concerning Bankard sandy loam
Copies of Soil Classification Sheet 8 and USGS Topo Map covering the area
Weld County Road Access Information Sheet with attachment
Sketch of representative sign
Affidavit of Surface Ownership
Affidavit of Mineral Ownership
Copy of Warranty Deed recorded in Book 1225 under Rec. 2172258
Limited Power of Attorney to William G. Crews from the Applicants
Copy of Improvement Location Certificate - McRae & Short - Project No. 4-93462
Letter from North Weld County Water District dated August 9, 1995
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952587
Vveld County Road Access Information Sheet
Use by Special Review
Weld County Public Works Department
933 North 11th Avenue
P.O. Box 758
Greeley, CO 80632
(970) 356-4000 Ext. 3750
August 29, 1995
1. Applicant Name: Larry L and Mary Jean Mueller Phone (970) 352-4397
Address: 1309 E. 16th Street, Greeley, CO 80631
2. Address or location of access: E. 16th Street at what would be Cherry Avenue if extended from the
south (approximately 1.1 mile east of the U.S. 85 Bypass).
3. Is there an existing access to the property? Yes. There is an existing graveled road leading to the
parcel and the home.
4. Site Sketch:
See attachment.
OFFICE USE ONLY
Road
Road
ADT Date
ADT Date
5. Proposed use:
❑ Permanent
❑ Temporary
❑ Other
Accidents Date
Accidents Date
❑ Residential/Agricultural
❑ Commercial
❑ Industrial
❑ Subdivision
Drainage Requirement Culvert
Other Comments:
Size Length
O Installation authorized O Information insufficient
Special Conditions:
Reviewed by: Title:
952587
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952587
LIMITED POWER OF ATTORNEY
THE UNDERSIGNED, LARRY L. MUELLER and MARY JEAN MUELLER,
individuals whose address is 1309 E. 16th Street, Greeley, CO 80631, do hereby make,
constitute and appoint WILLIAM G. CREWS, whose business address is1223 28th Avenue,
Suite 2, Greeley, CO 80631, their lawful agent and attorney -in -fact to do, as fully and
completely as the undersigned themselves might do, any and all things necessary or
convenient in connection with applying for a Use by Special Review to operate an art gallery
in the home of the undersigned in Weld County, Colorado. The powers herein granted to
William G. Crews include, but are not limited to, the powers:
1. To execute application forms, plats, affidavits and such other instruments or forms
as may be necessary or convenient to apply for and obtain such Use by Special Review;
2. To tender payments due in connection with said Use by Special Review;
3. To appear on behalf of the undersigned before the Weld County Planning
Commission, the Board of County Commissioners and such other regulatory or
governmental agencies, boards or commissions as William G. Crews may deem necessary
or convenient; and
4. To do such other acts, whether or not similar to the foregoing, as William G. Crews
may deem necessary or convenient in connection with said Use by Special Review.
This Limited Power of Attorney shall remain in full force and effect until a written
revocation of the Limited Power of Attorney has been sent via certified mail, return receipt
requested, to William G. Crews at his address set forth above. Persons dealing with William
G. Crews may conclusively rely on his authority to act on behalf of the undersigned until
they have actual notice of such revocation.
IN WITNESS WHEREOF, this instrument is executed this 9tl''day of August, 1995.
ki/L7
Larry L. eller
Mary Jeaf f eller
''?fIE_ : AA
1O OLDRADO )
,Ol
tb` °QF*LLD ) ss.
Ilforeiding instrument was acknowledged before me this
byP i$fy ?Mueller and Mary Jean Mueller.
Witness my hand and official seal.
My ccnnission expires:
day of August, 1995,
252587
IMPROVEMENT LOCATION. CERTIFICATE
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LEGAL DESCRIPTION
Lot 8, in the NE1/4 NE1/4 of Section 9, Township 5
North, Range 65 West of the 6th PM, according to the
subdivision of lands made by the UNION COLONY OF
COLORADO, County of Weld, State of Colorado.
1309 E. 16th Street
CERTIFICATION OF FLOODWAY LOCATION
This is to certify that the property described
hereon does not lie within the 100 -Year Floodway
as defined by the Flood Insurance Rate Map Community
Panel No. 080266-0637-C, effective date Sept. 28, 1982,
and prepared by the Federal Emergency Management Agency.
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STEWART #93002486
(MUELLER)
IMPROVEMENT LOCATION CERTIFICATE
I hereby certify that this improvement location certificate was prepared for
STrUART TI TI F F0IIPANY A FRS II0RTGAGF that it is
not a Land Survey Plat or Improvement Survey Plat, and that it is not to be relied upon for
the establishment of fence, building, or other future improvement lines.
I further certify that the improvements on the above described parcel on this date,
DECEMBER 8, 1993 except utility connections, are entirely within the boundaries
of the parcel, except as shown, that there are no encroachments upon the described
premises by improvements on any adjoining premises, except as indicated, and that
there is no apparent evidence or sign of any easement crossing or burdening any part of
said parcel, except as noted.
Gerald B. McRae
Registered Land Surveyor
Colorado Reg. No. 6616
Pins Found
McRAE 8 SHORT, INC.
Greeley, Colorado
PROJECT NUMBER
4-9344)2
_952587
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