HomeMy WebLinkAbout991613.tiff CORRESPOND H;NCE RESPONSE
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DEPARTMENT OF 1 -�
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* * * PLEASE RESPOND WITHIN THREE DAYS.* * *
IF RESPONSE WILL BE DELAYED,
PLEASE NOTIFY "CTB GROUP" BY E-MAIL
OF EXPECTED DATE FOR RESPONSE.
RECOMME.\ ICED ACTEON:
Narrative:
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Weld ounty Planning Dept.
JUN 24 1999
RECEIVED
METHOD OF RESPONSE:
Board Action
Work Session
- Letter (Attached)
- Telephone Call
f esponse (explain)
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Depart nt Head Signature
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WIEDEMAN ' " ^� r i I^: ?J
AUCTIONEERS & REAL ESTATE, INC. -
June 22, 1999
Board of Weld County Commissioners
Greeley, CO
This letter is being written to give you a brief summary of the events and happenings which have
taken place regarding the David & Shirley Dewey property -- Lot A& B of Amended Recorded
Exemption 1982, recorded July 30, 1997 in Book 1618, Reception #2560491, being a part of
Section 15, Township 6 North, Range 64 West of the 6th P.M.
On approx. May 15, 1997 Mr. & Mrs. Dewey contacted me about selling Lot A of RE 1982.
After looking at the. plat map, I told the Deweys it was a poor configuration for a building site
because it was too long and narrow. I listed the property for sale on April 21, 1997. After
several showings, I knew that we would need to do an amended recorded exemption in order to
get the property sold.
I assisted the Deweys in preparing the amended RE, but Mrs. Dewey submitted the final plat to
the Planning Department before I had looked at it. When Mrs. Dewey brought the plat to my
office after it had been recorded, I questioned the placement of the building envelope. It was
placed on the far northeast corner of the property without any close proximity to utilities and the
county road.
However, I had talked to a planner earlier regarding building envelopes and was told it should be
no problem changing the building envelope by simply submitting a letter requesting the change
and the reason for the change. I was satisfied with the explanation and never gave it any more
thought. We subsequently sold Lot A.
On April 28, 1998 I. listed for sale Lot B. We had shown the property to several prospective
buyers including Mr. Waggoner from Johnstown. Apparently, Mr. Waggoner began doing some
research on his own and contacted the Planning Department about changing the building
envelope. This was done without my knowledge. He never made a verbal or written offer on the
property. In fact, he called me and said he was going to continue to look around.
On June 22, 1998 Mr. Wayne Howard from Terra West Realty submitted an offer on Lot B from
Jack Taylor of Ft. Collins. A final contract was accepted by all parties with a contingency that
928 13th St. • Suite 1 • Greeley, CO 80631 • (970) 356-3943 • Fax(970)356-8344
the building envelope be moved. I relayed to Mr. Taylor what the Planning Dept. had told me
about changing the building envelope. On June 25th, I wrote a letter to the Planning Dept.
requesting the change. Since I did not hear back from the Planning Dept. nor was I aware that
the Deweys had not heard back, I assumed there was no problem.
It is my understanding that some time later Mr. Taylor went in to get a building permit to build a
barn. He was told it wasn't necessary to have a permit for the barn, and proceeded to build it
where he thought the building envelope had been changed to. When he went back to get a permit
for the electrical wiring, he was told the barn was in the wrong place. He contacted his Realtor,
Wayne Howard, who in turn contacted me.
Mr. Taylor and I made an appointment with Eric Jerman of the Planning Dept. to see what had
happened. I gave him a copy of the letter with my proposed change for the building site.
He agreed to look into the matter and get back with us.
On June 1, 1999 Mr. Jerman faxed me a copy of a letter that was sent to Mr. Waggoner on May
29, 1998 approving his request for moving the building envelope on Lot B with the stipulation
that the building envelope be adjacent to WCR 55 and Lot A.
He also faxed me a copy of a letter he wrote to the Deweys recommending the location of the
building envelope where Mr. Waggoner had requested it. Any other changes would be subject
to filing an amended recorded exemption.
I was totally unaware of the letter to Mr. Waggoner, and couldn't understand why a letter was
sent to him, and not the owner of the property since Mr. Waggoner had absolutely no interest
in the property.
The letter that I had submitted to the Planning Department had no response. I then went back to
the Planning Dept. for an explanation. Their response was that it was up to me to have followed
up as to why I hadn't received a response.
I then contacted Mr. Taylor and he suggested that we present this problem to the County
Commissioners.
In summary --This letter is not intended to criticize any one planner or the Planning Department.
It appears to be a case of miscommunication and errors as follows:
1. The building envelope on the Amended plot map should have been questioned,
and a possible recommendation made that it be placed in a more appropriate
place.
2. The letter that I had sent to the Planning Dept. requesting the change had
no response or reply. Therefore, I assumed there was no problem.
3. The letter that was sent to Mr. Waggoner was sent by mistake, since Mr.
Waggoner had no interest in the property. The new owner or previous owner
shoud have been notified.
The change that Mr. Taylor was requesting was orderly and made good common sense. He
placed his barn in the location which he thought was correct. The building was placed away from
the county road and away from dirt and noise. It created no major interference with the farm
operations. The small portion lying north of his driveway was intended for horse pasture.
Considering all the circumstances, it is my opinion that this change should be considered and
approved.
In conclusion, it is my opinion together with other Real Estate Brokers and surveyors that the
building envelope concept should be reconsidered or completely terminated. The reason for our
belief is that the person that places the building envelope on the property is not usually the one
who will be doing the building. The appropriate location for the building should be decided when
the application is made for the building permit.
If the decision is made to retain the building envelope concept, I would suggest that a simpler
method be arranged for changing it rather than going through an Amended Recorded Exemption
as is now required. A letter to the Planning Dept. requesting the change and the reason
should be sufficient. If the request is approved by the Planning Dept., the recorded mylar could
be amended and re-recorded.
Your consideration to this request is greatly appreciated.
Sincerely,
KREPS WIEDEMfAN AUCTIONEERS & REAL ESTATE, INC.
Robert D. Kreps, Broker
Encs: Letter to Planning Dept.
Map Illustrating Proposed Bldg. Envelope Change
Planning Dept. Letter to Waggoner
cc: Bruce Barker, Attorney for Weld County
Weld County Planning Dept.
Jack Taylor, Current Owner of Lot B
June 25, 1998
Department of Planning Services
Weld County Administrative Offices
do Julie Chester
1400 North 17th Avenue
Greeley, CO 80631
RE: Lot B -- Amended Recorded Exemption#0801-15-2-AM RE1982
Dear Julie:
We recently sold this property (closing pending). At the request of the Buyer, he would like the
building envelope moved to a different location.
I've enclosed a plat map of the amended recorded exemption showing the approximate location of
the proposed new building site.
The move would be more economical for bringing in the utilities, and it would also be closer to
the road access. It would not interfere with the general operation of the farm.
Your prompt consideration of this request is greatly appreciated.
Sincerely,
Aar , “Akut
/dam
Gene Dewey
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DEPARTMENT OF PLANNING SERVICES
119
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
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WELD COUNTYGREELIEYINISTRATIVE OFFICES
55 N. 17TH
AVENUO E
COLORADO
June 1, 1999
Mr. David "Gene" Dewey
,.....-_. . . P. O. Box 126
Kersey, CO 80644
RE: Building Envelope for Lot B of AmRE-1982, located in the S2 NW4 Section 15, Township 6
North, Range 64 West of the Th PM, Weld County, CO.
Dear Mr. Dewey:
The Department of Planning Services has determined that we will support the location of
your building envelope adjacent to WCR 55 and Lot A of AmRE-1982 as was originally directed
by Planning Staff in a letter to Mr. Waggoner, dated May 29, 1998.
In support of the Department of Planning Services Staff decision I would direct you to the
following. A.Goal 1 of the Weld County Comprehensive Plan states, "Preserve prime farmland
for agricultural purposes which foster the economic health and continuance of agriculture." This
land is considered Prime farmland by tt e,USDA Soil Conservation Service map (Weld County,
1979). The Department of Planning Ser 4 es Staff believes that your request to move the
building envelope further East and away from WCR 55 would create an "island" of construction
surrounded by agricultural uses on Prime farmland.
Section 11.4.2.4 of the Weld County Subdivision Ordinance directs Planners to make
certain that Recorded Exemption applications demonstrate,"Consistency with the purpose of
efficient and orderly development as expressed in Section 1.3 of this Ordinance." Section 1.3.10
of the Subdivision Ordinance reads, "Preserving agricultural land and promoting its most
productive agrarian use."
Department of Planning Staff believes that the location of the building envelope adjacent
to WCR 55 and adjacent to Lot A of AmRE-1982 best suits the intent of A. Goal 1 of the Weld
County Subdivision Ordinance and Section 1.3 of the Subdivision Ordinance.
I have enclosed the letter to Mr. Waggoner, dated May 29, 1998 from Sheri Lockman,
Current Planner.
You may apply for a second amendment to AmRE-1982 to move the building envelope,
however, given that the Department of Planning Services Staff has reviewed this request twice
the result of an amendment may not change the location of the building envelope. You may
[The letter is to:}
Page 2
request to appeal the administrative decision of the Department of Planning Services staff by
going before the Board of County Commissioners. If you wish to pursue this action further with
the Board I can arrange to have a date for an appearance before the Board.
If you have any questions please do not hesitate to call me.
Sin erply,
fi
Eric Jerman I1 A
Planner
PC: George Baxter, Weld County Commissioner
Monica Daniels-Mika, Director of Department of Planning Services
Julie Chester, Lead Planner
DEPARTMENT OF PLANNING SERVICES
HS*
Weld County Administrative Offices
"MO 1400 N. 17th Avenue, Greeley, CO 80631
Phone (970) Fax
Ext. 3540
11111141: Fax (970)352.6312
COLORADO
May 29, 1998
James Waggoner
23101 WCR 13
Johnstown, CO 80534
Dear Mr Waggoner,
The Weld County Planning Staff has reviewed your request to move the building envelope on
Lot B Recorded Exemption 1982. Our decision was to approve your request with the stipulation
that the new building envelope would be adjacent to WCR 55 and Lot A. We had concerns
about the building site being an island in the middle of agricultural use. I have attached a copy of
what we had in mind.
If you have any further concerns, or want to discuss this further, please call me.
Sincerely,
1/7,eit gtociAnce.
Sheri Lockman
Current Planner
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