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Home My WebLink About670004('2 784 Recorded at _.._. ��...__...._... o'clock . Mr_ Rec. No. .__.1.F. 6l.3B NUN ^.rn Feur.u:_In, ;.ccorder' RESOLUTION WHEREAS, a public hearing was held on May 17, 1967, at 2:00 P.M., in the chambers of the Board of County Commissioners of Weld County at Greeley, Colorado, for the purpose of hearing the petition of Herbert J. Nusser, Route 4, Box 193, Greeley, Colorado, requesting a change of zone in Weld County, from "E" Estates to "B" Business, and WHEREAS, Herbert J. Nusser was present in person, and WHEREAS, the Board of County Commissioners heard all the testimony and statements from those persons present, and WHEREAS, the Board of County Commissioners has studied the request of the petitioner and studied the recommendations of the Weld County Planning Commission as submitted on April 4, 1967 and on July 11, 1967, respectively, and having been fully informed; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the petition of Herbert J. Nusser, Route 4, Box 193, Greeley, Colorado, for chdhge of zone in Weld County from "E" Estates to "B" Business, said area being more particu- larly described as follows: A part of Lot two (2) of the Southeast Quarter (SE4) of the Southeast Quarter (SE4), Section Nine (9), Township Five (5) North, Range Sixty -Five (65) West of the 6th P.M., Weld County, Colorado, containing one (1) acre, more or less, per attached map made a part hereof by reference, is hereby granted. Dated this 19th day of July, 1967. ATTEST: Clerk dtf' Board APPROVED: _---7 7 my At orney THE BOARD OF COUNTY COMMISSIONERS OF -WELD COUNTY, COLORADO ._/ 670004 )01,0013 BEFORE WELD COUNTY, COLORADO PLANNIN ;OMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. Z-83 Date July 10, 1967 APPLICATION OF Herbert J. Nusser Address Route 14, Box 193, Greeley, Colo. Moved by Leonard Bartels that the following resolution be introduced for pas- sage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for rezoning from ..E..... ( Estates) District to B ( Business District) of Herbert J. Nusser of East of Greeley covering the following described property in Weld County, Coloraoo, to -wit: a part of Lot Two (2) of the South-east Quarter (SE*) of the South -Last Quarter, (SE*), Section Nine (9), Township Five North (EN), Range Sixty- five West (65W) of the 6th P. M., Weld County, Colorado consisting of 1 acre more or less as shown on the attached map. be recommended (i56XYd G QX(unfavorably) to the Board of County Commissioners for the following reasons: Property to the west is presently zoned business and is of a transitional nature. The area zoned business to the east at present is not being com- pletely utilized. The adjacent neighbors feel it would devaluate their residental property. The highway (34) is narrow with heavy traffic. Zoning Motion one would be bordering on spot zoning. The highway will eventuall be re - Motion Bowles routed and this would become a depressed area. Vote: For Passage: Ronald Heitman John Watson Leonard Bartels Against Passage: The Chairman declared the Resolution passed and cordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. PC -Z-005 CERTIFICATION OF COPY I Dorothy Hill , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on July 10, 1967 and recorded in Book No. 1I , Page No. , of the proceedings of said Planning Commission. PC -Z-006 Dated this 11th day of July 19 67 Recording Secretary, Weld County Planning Commission 13EF01 THE VELD COUNTY, COLORADO PLAN,. ,G COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS APPLICATION OF Herbert J. Nasser Address Route 4, Sox 193, Greeley, _3010. 4/'4/67 Moved by John Watson that the following resolution be introduced for pas- sage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for estDistrict) to 3 ates 3usiness rezoning from � �... ( District) of Herbert J. PJusser of East . Greeley covering the following described property in Weld County, Colorado, to -wit: I. part of Lot Two (2) of the South-east quarter (SA) of the South -cast 'xi.xaxtor, (S!),3oction Nine(9),Township Five North ($N), Range Sixty -fire est (65W) 'Jelci County, )olorado from to R consisting of 1 acres more or less as shown: on the attached mar). t j be recommended k'fiVIJNWY/((unfavorably) /to the Board of County Commissioners for the following reasons: r lerty to ,e west is presently zoned business and is of a transitional nature. The are^ zoned business to the east at present is not hein3 com'letly 'ztiiized. The adjacent ne°_abors reel it would devaluate their res i"entc'i .roperty. . The highway (34) is narrow wito heavy trai.dc• Zoning one acre4 would he bordering on spot zoning he h hway i:i11 eventuall he re- routed and ttl is Qo .,ld become a depressed area. Motion seconded by Seorge :1osier . Vote: For Passage: Price Hopkins Against Passage: ?h i1 i.n Bowles Ronald Heitman Leonard -3ar tels The Chairman declared the motion passed and ordered that a certified copy of this Resolu- tion be forwarded with the file of this case to the Board of County Commissioners for fur- ther proceedings. CERTIFICATION OF COPY I Dorothy Hill ' , Recording Secretary of Weld County Plan- ning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of leld County, Colorado, adop- ted on April 3 , 1967 , and recorded in Book No. 2 , Page No. of the proceedings of said Planning Commission. Dated this 4th day of April , 1967 . Recording Secretaryweld County Planning Commission MARSHALL H. ANDERSON. CHAIRMAN 2412 BTH AVENUE, GREELEY HAROLD W. ANDERSON, CHAIRMAN PRO-TEM JOHNSTOWN EDWARD L. DUNBAR. MEMBER 1223 23RD AVENUE CT., GREELEY SAMUEL S. TELEP COUNTY ATTORNEY ANN SPOMER. COUNTY CLERK AND CLERK OF BOARD PHONE 353.2212 EXT. 21 .f e•li. n C V OFFICE of THE BOARD OF COUNTY COMMISSIONERS May 31, 1967 The Weld County Planning Commission County Services Buildings Greeley, Colorado Dear Sirs: A hearing was held as published in regard to change of zone from "E" to "B" in the Delta Area for Herbert J. ?hisser. One person objected to said change, however, before the hearing was completed withdrew his objection. Therefore, we are returning your recommendation for further consideration. Yours truly, The Board of County Commissioners Weld County, Colorado MHA/lf encss LHR 362. HERBERT J NUSSER CHANGE OF ZONE "E" Estate to "B" Business May 17, 1967 Marshall Anderson: We will call the hearing to order, the hearing being requested by Herbert J. Musser of Route 4 Box 193, Greeley, Colorado, for a Change of Zone from "E" Estate District to "B" Busines District in the Delta Area. Mr. Telep if you will read the notice. Mr. Telep: Thank you Mr. Chairman, I will read the following notice which was duly published as required by law: "Pursuant to the zoning laws of the State of Colorado a public hearing will be held in the Office of the Board of County Commissioners, Weld County, Colorado, Weld County Court House, Greeley, Colorado, on May 17, 1967 at the hour of 2:00 P. M. O'clock on the petition of Mr. Herbert J. Nusser of Route 4 Box 193 Greeley, Colorado, requesting change of zone from "E" Estate District to "B" Business District in the Delta Area more particularly described as follows: A part of lot 2 of Southeast quarter of the Southeast quarter of Section 9, Township 5 North, Range 65 West of the 6th P. M. Weld County, Colorado, containing one (llacre more or less. Dated this 12th day of May 1967, by the Board of County Commissioners Weld County, Colorado, by Ann Spomer County Clerk and Recorder and Clerk to the Board. Published twice in the Greeley Booster April 14th and May 5th." Mr. Chairman. Marshall Anderson: You have heard the reading of the notice is there any one opposing this change of zone? If you will state your name. Mr. A. F. Heinze: My address is (residence) is 1828 Birch Avenue. It is in that same block of the Union Colony Reservation of the metes and bounds reservation Change of Zone Hearing Herbert J. Musser "E" Estate to "B" Business LHR 362 Mr. A. F. Heinze: I was present at the hearing before the Planning Commission who supported our objection at that time there was another family with me. But they couldn't make it today because of misunderstanding though they still seem to be more definitely objector than I am. I am not so old that I am quite sure that you can't forever keep blowing against the westerly winds they keep coming in here and I suppose business spreading out that way regardless. You don't need to have me tell you that except that I am trying to explain that I rather thought in my objection, our objection, we live immediately behind this if you could think of it from the Highway 34 off from East 18th Street. We live just back of this property the full length of it. We have a small acerage left there well we are objecting because - particularly on this basis - Mr. Nusser is a good clean type of a neighbor, as I have known him they are a wonderful family, We are not objecting to him going into this business there but when you rezone then if he should decide that his trailer business is not doing so well he can sell his property to anybody and we can take almost any kind of business out there, except the ones that have to have a special license or permission of some kind. Is that right? So that is what we are objecting to. Really I have known Mr. Nusser so long that I really hate to be in a position of a friend objecting to something that he wants to do in a business way legitimately. But I just lay that out for your consideration. Now I talked to the Fullers the day before and they couldn't make it because of Mrs. Fuller being away and Dave, apparently someone has to be there with the -3 - Herbert J. Nusser "E" Estate to "B" Business May 17, 1967 property, but they couldn't be here today and yet they have the same interests. Now they don't adjoin Mr. Nusser's property however there is one residence property that lies between them. An acre more or less between them, Fullers are east of him on 18th Street. We lie just behind him the full length of him. I have stated my objection. Marshall Anderson: Is there anymore objections? A. C. Lester: 1819 Birch Avenue. I like to tell you a little about the situation at this time. We operate the Nursing Home just West of his property there is one lot between. Across the street there is a carpenter shop and a grocery store and a motel , three private residences across the street I think they each have a mobile home at this time. We have two mobile homes parked on our property in back. As far as his use is concerned as a sales lot for trailers I would say it wouldn't change the situation a bit and it might even improve it. I have known Mr. Nusser for quite sometime I would like to see him make use of his property in such a way that he could make a living, pay taxes I think that is worth quite a bit to the community I know the neighborg... objected to us having a nursing home there and some of them still do but in ten years it has paid the county a lot of taxes, to the benefit of the people. It has a payroll of around 30 to 35 people. I don't know if he would have a payroll or not but those things do contribute. I would support his application. Marshall Anderson: Are there any more objections to the application? Mr. Heinze: As Mr. Lester has just said, I said you kind of do Unange o- Lone Lear -hg Herbert J. Nusser "E" Estate to "B" Business May 17, 1967 feel that you can't keep blowing against the west winds but it also true that if only a few years back, that we had a big all community - under the sponsorship of the County Commissioners and the Planning Committee- we had a big meeting out there and we all had our choice and we all had agreement by majority of how our different properties would be zoned. Mr. Lester knows, because he was at that meeting, that it was decidely voted to keep that section of it under estate even though those business, McDonald's Store and the planing mill, and the motel, they were all there at that time; but the neighbors on this side all voted at that time, all were party, to zoning this under estate. So I just stand on that. Mr. Dunbar: More specifically this is just a very short distance west of Linn Grove and the south side of the road? About across the road from Mr. Hessee? Mr. Heinze: About across from Mr. Hessee - it could be the next number to the south. Marshall Anderson: Is there any further objection to this application? At this time we will hear from the people supporting it. Mr. Telep: Mr. Chairman, Mr. Nusser supported it. Marshall Anderson: Do you have anything in support of it Mr. Lessor? Mr. Nusser: I was operating a sales lot at that we just considered not the Riverside Court out there and I purchased this property with the intent of establishing a business here on the highway; with the hope of having more sales. I purchased it with the intent that it would be zoned for business in the future. I purchased it in October of last year. As far as I know - Mr. and Mrs. Fuller change of Lone Hearing Herbert J. Nusser "E" Estate to "B" Business May 17, 1967 were objecting at the hearing of the Planning Commission but in the meantime they also operate a business in their home. They have a chincilla business. I am only requesting for just an acre there. It would only go back about 249 feet I believe and it would not interfere with any of the other zoning in that area. According to the map there is just a short distance in there that is along the highway that isn't zoned for business. Mr. Dunbar: One other question, would you state what you recommendations are for this area - what do you plan to use it for? Mr. Nusser: I plan to sell and rent mobile homes, not as a park, it is strictly a rental sale lot. Marshall Anderson: The trailers wouldn't be on this property that you are talking about? There would be more or less of a clearing off. Mr. Nusser: Yes, they would not be permantely located there, display area a sales lot. No I don't plan on parking any there for permanent use. Mr. Dunbari You have a 1750 foot frontage there? Mr. Nusser: No - 175 foot front. Marshall Anderson: Do you have any more to add to that Mr. Nusser? Mr. Nusser: I think we need businesses in that end of town because the way it is now - you have to go clear across town to do their business Mr. Dunbar: Now to the west it is zoned business? How far is it to where from the zone area starts / this proposed site? Mr. Nusser: From the west it would be another 175 feet to Mr. Lester's property - the nursing home. Marshall Anderson: Do you have anything you would like to bring out Mr. Lester Mr. Lester: Just a little farther east, I guess it is across from -6 - Change of Zone Hearing Herbert J. Nusser "E" Estate to "B" Business May 17, 1967 Mr. Lester: the cemetery there is at this time an operating sale yard for boats and campers, trailers. Mr. Nusser: Mr. Chairman, I believe that is zoned business. Marshall Anderson: George do you have anything to say? George I am the one who sold the property to Mr. Nusser in view of the type business he is going to put in there it is a good clean business. It is the display and sale of trailer homes the objectors could do a lot worse. If you could get this type of a business in there even though it is zoned as estate there isn't anythiny to keep somebody from going out there and putting up some hog pens and starting a hog raising business Audience: There is on that property, I can tell you, it is in the abstract - it can't be done on that property. Mr. Lester: As a hobby - you keep farm animals in there - whether you go into a commercial venture or not this would be something else. But to go in and have hogs or cows or horses as long as it is not a commercial venture why there isn't world from keeping to keep them from going out and doing this. In that abstract on that property it reads, its a funny thing, that the owner may keep a pig but not in a sty he has to have it in an open pasture - it has to be an open pasture - to even keep a pig - he can keep livestock - but not in a sty. Mr. Dunbar; This agreement that these landowners have out there there wasn't anything in writing - is this true? Mr. Lester: I am just generally speaking of when we had our zoning meeting - every',,ody was called upon to speak their wishes and they ange u:: tune ..eO.:.l:. Herbert J. Nusser "E" Estate of "B" Business May 17, 1967 Mr. Lester: went through the line trying to please everybody - to satisfy everybody and the County Planning Commission made that the official zoning plan. While we are talking here I am just as emphatic as can be that I don't object to Mr. Nusser having - displaying - using it as he plans - in fact while I have been sitting here - just to myself I kind of had a little changaof heart I have a notion to withdraw my objection today. Not on the basis that I don't feel just like I said I do but by golly it is sure the truth that business should come out that way just as well as go the other way. As far as our property if we ever wanted to subdivide into lots if he has kept it the way he has for his purpose I don't think it would hurt us a bit. If it became some certain other things like an automobile junkyard and leaving the junk sit there that is a different proposition. Marshall Anderson: You know that can happen. If they change the zoning. Mr. Lester: Thats right. So I want you gentlemen to think for :us for the future there. But as I say we are behind him - were right beside him so that our oun resident situation is - were behind him. When we attended the meeting at the Planning Commission three or four weeks ago - now they read that list and there could be about 8 or 10 that could be destinctly objectionable - that would still have the right to come into business zoning without any perimeter requirements. But there are a lot that couldn't come in under it. I am going to withdraw my objection. Mr. Telep; I don't know but off -hand under the catagory of business I don't know exactly - I don't have the chart or category before me but it would certainly not include obnoxious things. That could only be put in with the express permission and approval of the Board -B - Change of Zone Hearing Herbert J. Nusser "E" Estate to "B"Business Mr. Telep: of County Commissioners. Mr. Lester: I do believe that a man could come in and repair a few of his friends automobiles and leave the junkers sit there - he could get by with that because he is not in the automobile wrecking business. One of my fellow objectors actually they do have a going business certainly if you were in the city at a residence you would have difficulty doing business like that. Marshall Anderson: Is there any other comments pro or con. Mr. Harrison: I'm -responsible for Herb having this - I drove him all around the district and we made offers on differnt properties before we came across this one. George owned it and I was the salesman who sold it to him and he asked me about it and we investigated and there was business all around there but nothing in back of it. I couldn't see why if he approached it right the County Commissioners would approve a clean type operation like herb does. So that is my reason for appearing here. There is business back of him. Mr. Dunbar: How long have you owned it? Mr. Nusser: Since October 1966. Mr. Harrison: Of course Herb knew it wasn't zoned for this - it wasn't permissible as it was. Mr. Nusser: Well I haven't operated it yet either. Mr. Harold Anderson: Mr. Chairman I will move that we take this under advisement. Mr. Dunbar; I will second that. .Marshall Anderson: I will make it unanimous. The meeting is closed. all around him except in a<se-ti, Lt 17/961 to Pm °f" to "B" No. 80505S of the. $ seen s,:; County. Cofosado. 2:091'1 M1�r1aa1 wi pe of Mr. i rt J, NAISser of i oute 4, Box.,ltl{Greeiey, Colorado, requesting -Change -of zone:from EetaWs 'District t0 "B"_ Business District,in the Delta .area, _More particularly dnaribeit as follows: Apart, of Lot.& of the SE's of the SE%,. Section 9, .Township 5 North, Range 65 West of 6th P. M., Weld County, Col- orado, containing 1 acre, m/1. - Dated this •12th day, of April, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: ANN .SPOMER COUNTY CLERK ANt3 RECORDER AND CLERK TO THE BOARD RECEIPT FOR CERTIFIED MAIL -3 SENT TO STREET AND NO. P. 0., STATE, AND ZIP CODE EX TR'A SERVICES FOR ADDITIONAL FEES Retain Receipt Dative Shows to whom Shows to whom, Addressee and date date, and where delivered delivered O 100 fee O 350 In POD Form 3800 NO INSURANCE PROVID Mar. 1966 NOT FOR INTERNATIONAL MA NOTICE PURSUANT TO THE ZONING LAWS OF THE STATE OF COLORADO, A PUBLIC HEARING WILL BE HELD IN THE OFFICE OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, WELD COUNTY COURT HOUSE, GREELEY, COLORADO ON MAY 17, 1967, at 2:00 P. M. O'CLOCK ON THE PETITION OF MR. HERBERT J. NUSSER OF ROUTE 4, BOX 193, GREELEY, COLORADO, REQUESTING CHANGE OF ZONE FROM "E" ESTATES DISTRICT TO "B" BUSINESS DISTRICT IN THE DELTA AREA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A part of Lot 2 of the SE4 of the SE4, Section 9, Township 5 North, Range 65 West of the 6th P. M., Weld County, Colorado, containing 1 acre, m/l. DATED THIS 12TH DAY OFAPRIL,1967. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD The Greeley Booster April 14 & May 5 Hello