HomeMy WebLinkAbout640149.tiffVARIANCE GRANTED FOR
PETITION OF DON O'DAY:
BE IT RESOLVED, by the Board of County Commissioners of Weld County,
Colorado, that the recommendation of the Board of Adjustment, attached and made
a part of this resolution, be concurred in and said petition of Don O'Day for a
nonconforming operation in the Fort Lupton area in "A" Agricultural District be
and it is hereby granted as follows:
For a feed processing operation on that part of the South
half of the Northwest Quarter (SiNWk) of Section 20,Township
1 North, Range 66 West of the 6th P. M., Weld County, Colorado,
lying West of the Union Pacifac Railraod Tracks in accordance
with plans presented by Mr. o"Day, wherein a distance of 300
feet minimum set back from the Pickle Dock will be kept and
further, that the operation shall be conducted in such a
manner as not to create offensive odors and dust as may be
determined by the Board of Adjustment upon any complaint filed
by adjacent property owners.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following votes
DATED: JUNE 17, 1964
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D OF COUNTY C ,-
ISSIONERS
WELD COUNTY, COLORADO
PR: Zoning
Variance
1
PL0935
640149
GEO. MOSIER, CHAIRMAN
PRICE HOPKINS. V. CHAIRMAN
JOHN WATSON
A. A. TINN
ELMER L. SHULTZ
FLORENCE CUTLER, SECY.
PHONE 353-2212, EXT. 20
R. E. PALMOUIST, ADMINISTRATOR
PHONE 686-2665
COUNTY COMMISSIONERS
ELMER L. SCHULTZ, CHAIRMAN
TOM V. REED, CHAIRMAN PRO-TCM
MILLARD H. EWING
COUNTY ATTORNEY
SAMUEL S. TELEP
WELD COUNTY PLANNING COMMISSION
OWEilkMeallik
June 11, 1964
The Hon::arable Board of Caanty Commissioners
Court House
Greeley, Colorado
Gentlemen:
A Public Peeting was held on Friday, September 20, 1963, at 2:00 P. W. in the Jury
Consultation Room, Fourth Floor, Court House, Greeley, to hear the Petitic'n :-f Dor.
C'Day for a variance in the Fort Lupton Area t:: permit a nor conforming operation
fs g o rat'""" Agricultural District.
rx �. feed prcce�s�n;, pe_G i.on in � j
J. Lee Seers moved that the Board cf Adjustment approve and recommend to the li'n'r-
able Board of County Commissioners that a'variance be granted to Don C'Day for his
non conforming operation in the Fort Lupton Area in "r:" Agricultural Di strict, 'for
a feed processing operation :-n that part cf the South r'r_e-half (S 1/2) cf the North-
west one -quarter (NW 1/4), Section 20, Township 1 North, Range 66 West ..f the Sixth
P. M., Wei:'' C:;urty, Colorado, lying west of the Union pacific Railroad Tracks in
accordance with plans presented by Mr. ::'Day, wherein a distance ;.f 3.00 feet min -
mum sot buck south from the Pickle Dock will be kept. Further, that the operation
shall be conducted in such a manner as n"t to create offensive Aers and dust a£
may be determined by the Board cf Adjustment upon any complaint filed by adjacent
propery owners.
The ^ti c.s was seconded by Miffen Greenman.
Roll call vote taken.
Passage: J. Lee Sears .against Passage: N,::ne
Miffen Grecr.aar.
Denver Wiggins
Albert Swanson (teleph ne call)
:tespectfully submitted,
Denver Wiggins
Chairman
BOARD OF ADJUSTMENT WELD COUNTY
September 20, 1963
A public meeting of the Board of Adjustment was held on Friday, September 20, 1963, at 2:00
P. M. in the Jury Consultation Room, Fourth Floor, Court House, Greeley. The meeting was
called to order by the Chairman, Denver Wiggins, with J. Lee Sears andiviiffen Greenman pres-
ent and Clarence Menkel and Albert Swanson absent. Also present were Don O'Day and Geor-
O'Day.
A drawing was presented of the area where Mr. O'Day desires to locate his elevator. After
much discussion J. Lee Sears moved that the Board of Adjustment grant a variance to "A"
Agricultural District to permit the non conforming operation for a feed processing opera-
tion on that part of the South one-half (S -L-) of the Northwest one -quarter (NW) Section 20,
Township 1 North, Range 66 West of the Sixth P. M., Weld County, Colorado, lying west of
the Union Pacific Railroad Tracks to the George O'Day Company in accordance with plans as
presented by Mr. O'Day, wherein a distance of 300 feet minimum set back south from the
Pickle Dock will be kept. That the operation shall be conducted in such a manner as not
to create offensive odors and dust as may be determined by the Board of Adjustment upon any
complaint filed by adjacent property owners. The motion was seconded by Miffen Greenman.
Denver Wiggins asked for a roll call vote. Vote was as follows: J. Lee Sears "Aye";
Miffen Greenman "Aye"; Denver Wiggins "Aye"; and a telephone call from Albert Swanson
was "Aye". The motion was unanimously carried.
A copy of the Board of Adjustment Bylaws were passed out, and Denver asked each member to
read them so that when they had another meeting they could decided whether to accept them
as they were or change same.
There being no further business the meeting adjourned at 2:45 P. M.
Respectfully submitted,
Florence Cutler
Acting Secretary
The mold Gouty Mond of Adjustment will hold a public mooting
at 2.00 P. M. !muncher 2Ci 19624 in Ike Amy Consultation Moos
fourth Ile. Cawrt Meuse. tkeley. Colorado to ccosider the
following subjects
Minket Mo. 1
ftaglneat by St. Eden Q0D. y to band an sisnatae on that Poet
of the Cis of the MN . Section S , Township 1 north. Range
66 pest of tie 6th P. W. held County. lying neat of the
uMon Pacific kailvoad Tracks
'1i persons in any manner interested in these sb$cta ars in..
'sited to attend the aforementiwed noting cat be hoard.
Usk WELD COUNTY WARD OF ADJUSTMENT
Sys Denasr Wiggins
Chairmen
The Geseeley Doily Tribune
Septawbsr 13, 1963
MINUTES OF MEETING
WELD COUNTY BOARD OF ADJUSTMENT
August 2, 1963
The members of the Board of Adjustment present were: Denver Wiggen, chairman,
Miffen Greenman, J. Lee Sears and Albert Swanson, Jr.
Individuals present requesting the variance were Mr. O'Day and his son. Those
present not in favor of the variance were: Larry Mancini, Mr Bucci, the
president of the Good Americans Organization. Also present was Mr. Sam Telep,
County Attorney.
The Board of Adjustment was shown a newspaper clipping of an aerial view of
the land in question in relationship to the Good American Organization. Part
of the Good American Organization lies within the right-of-way where Mr. O'Day
is requesting permission for a variance. Mr. O'Day trucks would pass over
the recreational area of this organization.
Dave Marquez, president of the Good American Organization, stated that they
did not want to cause any bad feeling, but in a meeting of his organization
the people within the organization felt that the mill would devaluate their
property. The area within the variance lies in the recreational area set up
by the club for their younger members. They have a 20 year lease with the
railroad. He estimated the building cost $28,000.00 and an additional
$4,000.00 to $5,000.00 has been spent in remodeling of the building and facilities.
He stated their founder was ill and not able to attend the meeting.
Mr. Mancini stated that his opinion remained the same, however, he had no
objection to Mr.O'Day re -locating his feed plant.
Mr. Bucci, a landowner, stated he was not in favor of the plant because of the
dust since ther are many people with allergies and hay fever.
Mr. O'Day stated that there plant will not add any more dust to the area.
They are out of business until they can relocate their plant and the
lenth of time taken in relocating the plant is very costly to them.
Mr. Telep, County Attorney advised that he would rather see the Board give
a variance rather than rezone. In rezoning they would need the approval
of the County Commissioners. He further stated that they would have to go
by the Commissioners decision. You can not superceed railroad, utilities
or right-of-ways.
Mr. Sears in asking about the length of the parcel of land asked if there
was a possibility to relocate the plant further north behind the Good American
Organization.
It was stated that the parcel is 1120 feet to the Good American Organization Club,
it would consist of 1320 feet plus the right of way.
August 2, 1963 O'Day Variance
It was stated that the Good American Organization goes to the railroad
right-of-way. The Good American Organization has a fence 200 feet from
the railroad.
Mr. O'Day stated the railroad spur would come through the Good American
Organization property.
Mr. Telep asked if there was an overlay of the railroad lease. He also
questioned Mr. O"Day as to whether the railroad would build him a spur.
He suggested thet Mr. O'Day contact the Union Pacific Railroad Company
and get a commitment from them to build a spur and issue him a lease.
The Board of Adjustment took the matter on advisement until the time
Mr. O'Day present evidence that he can obtain a lease or a commitment
from the railroad that they will build a spur or issue him a lease.
Respectfully submitted
Wilma Adams
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Greeley, Colorado
July 25
, 19 63
Good American Organization
Attentions Mr. Joseph Constantine
Midland Savings Building
Denver, Colorado
The Weld County Board of Adjustment will hold a hearing at
2s00 P. M., Friday, Rugust 2, 1963 in the office of the Buard of
County Commissioners, Courthouse, Greeley, Colorado
The hearing will be in regard to a variance request on the
NE# of Section 29, Township 1, Range 66, West of the 6th P. M„ East
of old Highway 85, west of the Railroad track.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CLERK
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Greeley, Colorado
July 25
19 63
Larry Mancini
Box 156-A
Brighton, Colorado
Dear Mr. Mancini,
T : Weld County Board of Adjustment will hold a hearing at
2:00 P. M., Friday, August 2, 1963 in the office of the Board of
County Commissioners, Courthouse, Greeley, Colorado.
This hearing will be in regard to a varieance request on the
NW} of Section 29, Township 1, Range 66, West of the 6th P. M., East
of old Highway 85, west of the Railroad track
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CLERK
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Erwin H. Kramer
Route 1
Brighton, Colorado
Dear Mr. Kramer:
Greeley, Colorado
July 25
The Weld County Board of Adjustment will hold a bearing at
2100 P. M., Friday, August 2, 1963 in the office of the B •rd of
County Commissioner, Courthouse, Greeley, Colorado.
This hearing will be in regard to a variance request on the
NW4 of Section 29, Township 1, Range 66, West of the 6th P. M., East
of old Highway 85, west of the Railroad track.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
63
, 19
CLERK
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Greeley, Colorado
July 25 , 19 t3
Albert Bucci
Route 1
Brighton, Colorado
Dear Mr. Bucci:
The Weld County Board of Adjustment will hold a hearing -at
2300 P. M., Friday, August 2, 1963 in the office of the Board of
County Commissioners, Courthouse, Greeley, Colorado
This hearing will be in regard to a variance request on the
NW* ,f Section 29, Township 1, Range 66, West of the 6th P. M, East
of old Highway 85, west of the Railroad track.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CLERK
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Greeley, Colorado
...2111 _25 , 19 6-3
Good American Organization
Route 1
Brighton, Colorado
Dear Sirs
The Weld County Board of Adjustment will hold a hearing at
2:00 P. M., Friday, August 2, 1963, in the office of the Board of
County Commissioners, Courthouse, Greeley, Colorado.
This hearing will be in regard to a variance request on the
NW* of Section 29, Township 1, Range 66, West of the 6th P. M., East
of old Highway 85. west of the Railroad track
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CLERK
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Greeley, Colorado
July 8
, 1963
Lawrence Mancini
Route 1
Brighton, Colorado
Dear Mr. Mancini:
The Weld County Board of Adjustment will hold a public hearing on July 16, 1963
in the office of the Board of County Commissioners Weld County at the Court House
in Greeley, Colorado to consider a request by Mr. George O'Day for a Variance of
Zoning to build an elevator on the NW* of Section 29, Township 1 Range 66 West of
the 6th P. M., East of Old Highway 85 - West of the Railroad Track containing 11 acres m/1
2:00 P. M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy County Clerk
CLERK
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Greeley, Colorado
July 16
19 63
Norman Kramer, etal
Route 1 Box 177
Brighton, Colorado
Dear Mr. Kramer:
The Weld County Board of Adjustment will hold a public hearing on July 16, 1963
in the office of the Bard of County Commissioners Weld County at the Court House
in Greeley, Colorado, to consider a request by Mr. George O'Day for a Varience of
Zoning to build an elevator on the NINi of Section 29, Township 1 Range 66 West of
the 6th P. M., East of Old Highway 85 - West of the Railroad Track containing 11 acres m/1
2:00 P. M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
De2yty County Clerk
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Erwin A. Kramer
Route 1 Box 171
Brighton, Colorado
Dear Mr. Kramer:
Greeley, Colorado
July 8 , 1463
The Weld County Board of Adjustment will hold a public hearing on July 16, 1963
in the office of the Board of County Commissioners Weld County at the Court House
in Greeley, Colorado, to consider a request by Mr. George O'Day for a Varience of
Zoning to build an elevator on the NW4 of Section 29, Township 1 Range 66 West of
the 6th P. M., East of Old Highway 85 - West of the Railroad Track containing 11 acres m/1
2:00 P. M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy County Clerk
CLERK
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Greeley, Colorado
July 8
, 1963
Mary Margaret Mancini
795 Egbet
Brighton, Colorado
Dear Ms. Mancini'
The Weld County Board of Adjustment will hold a public hearing on July 16, 1963
in the office of the Board of County Commissioners Yield County at the Court House
in Greeley, Colorado, to consider a request by Mr. George O'Day for a Varience of
Zoning to build an elevator on the NWT of Section 29, Township I Range 66 West of
the 6th P. M., East of Old Highway 85 - West of the Railroad Track containing 11 acres m/1
2:00 P. M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy County Clerk
CLERK
Office of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Greeley, Colorado
July 8
19 63
United Spanish American Association
c/o William Beall
2523 Tremont Place
Denver, Colorado
Dear Sirs,
The Weld County Bo; rd of Adjustment will hold a public hearing on July 16, 1963
in the office of the Board of County Commissioners Weld County at the Court House
in Greeley, Colorado, to consider a request by Mr. George O'Day for A Varience of
Zoning to build an elevator on the NPR of Section 29, Township 1 Range 66 West of
the 6th P. M., East of Old Highway 85 - West of the Railroad Track containing 11 acres m/1
2:00 P. M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy County Clerk
CLERK
RECEIPT FOR CERTIFIED MAIL -20¢
co
aD
op
vcr
CO
z
62/ Ifyou went re-
stricted deliv-
ery, check here
El500 fee
If you went a return receipt, check which
D10t shows ❑ 950 shows to whom,
to whom when, and address
and when where delivered
delivered
FEES ADDITIONAL TO 20C FEE
POD Form 3800 CAUTION —NOT FOR
Dec. 1%o INTERNATIONAL MAIL
POSTMARK
OR DATE
See other side)
PUBLIC NOTICE
The Weld County Board of Adjustment will hold a public meeting at 2:00 p.m.,
Tuesday , July 16, 1963, in the office of the Board of County Commissioners,
Weld County Courthouse, Greeley, Colorado to consider the following subjects:
Docket No. 1
Request by Mr. George O'Day
to build a elevator on
NW4 Section 29, Township 1 Range 66 West of the 6th P. M.
East of Old Hiway 85 - West of Railroad Track
Containing 11 acres m/l
All persons in any manner interested in these subjects are invited to attend
the aforementioned meeting and be heard.
THE WELD COUNTY BOARD OF ADJUSTMENT
By: Denver Wiggins
Chairman
To be published in the Greeley Tribune July 9, 1963
("At_ A ,t4, -
WELD
- BOARD OF ADJUSTMENT
COUNTY COMMISSIONERS OFFICE - COUNTY COURT HOUSE - GREELEY, COLORADO
COUNTY
June 21, 1963
Mr, George O'Day
Box 6556
Denver 16, Colorado
Dear Mr. O'Day:
In line with our conversation this morning, "I am enclosing herewith
an application for variance form.
In order for a hearing to be held regarding the elevator you propose
to build in the Fort Lupton Area, it will be necessary for you to
submit the completed form together with a $25.00 check to cover the
costs of advertising and processing your application. Your check
should be made payable to Weld County. As soon as we receive the
completed form and check, we will set up a hearing date, and publish
same, as required by law. A copy of the public notice will be sent
to you.
fm
1 encl - appl for variance form
Very truly yours,
WELD COUNTY BOARD OF ADJUSTMENT
Denver Wiggins /7
Chairman
Do Not Write in This Space
Date Hearing. AQv►ntised
Fee Paid Receipt No,
For Office Use Only
Adjustement Non
Date
(I) (WE)
ZONING BOARD OF ADJUSTEMENTS
WELD COUNTY COLORADO
Notice of piiustem@nt
George O'Day Co., of Box 6556, Denver, 16,Colo.
Name Mailing Address AoTene
request that a determination be made by the Board of Adjustement
on the following appeal, which was denied by the Zoning Administra-
tor on , 19 , for the reason that it was a
matter which in the opinion of the Zoning Administrator should
properly come before the Board°
An Interpretation A Special Exception
A Variance is Requested to Article - Section
/if subsection -8 ® paragraph
of the Zoning Resolution far the reason that:
It is an appeal for an interpretation of the Resolution
of map o
It is a special exception to the ordinance on which the
Board of Adjustements is required to pass V
It is a request for a variance relating to the area
frontage yard- use or
(state, if requres is for purpose other than those enumerated)
Page 1
The description of the property involved in this appeal is
as follows:
Location
Address,_
Lot Size
Lot B].ockAddition
%R; k / c+ SEC , 'r"" i 77 6 b w j 6 RA-. .
�¢s r of 04.6 H KI _ 4-0casr mF TeR.747.�c-,<"
Present Use r arming ' zone District
Present improvements upon land Tone
Proposed Use mixed feed plant.
This Property was purchased by me about July, 6th,1963
(I)(WE) believe that the Board should approve this re-
gt,est because: (include the grounds for appeal -Dr reasons
both with respect to law and fact for granting the appeal
or special exception of variance, and if hardship is
claimed, state the specific, hardship).
On June 12th, 1963 our mixed feed plant located in
the City and County of ;enver burned completely. We
mixed the fRPd in thlp p1 rt for our feed lot_
The land just purchased adjoins our feed lot and is
the logical place to re -build our feed plant.
We are unable to mix feed and will be out of business
until we rebuild, causing us a major hardship.
Has any previous application or appeal been filed in
connection with these premises?i:one Yes 11''. NoO
What is the applicants interest in the premises affected?
Owner
(owner, agent, lessee, etc.
Page 2
Office of
BOARD OF COUNTY COMMISS__.4ERS
WELD COUNTY
G ley, Colorado
July 1 , 19 64
Mr. Thacker
Brighton Chamber of Commerce
:r yhtcn Colorado
DEar Mr. Thacker
Rr,cicsed is a copy of the minutes of the meeting held in the Office
of the Bo.rd of County Commissioners on June 24, 1964. Please excuse the
delay as this meetinc came at the peak of our payroml period.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
W. Adams
CLERK
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
June 24, 1964
Present: Elmer L. Shultz, Chairman COMMISSIONERS
Tom V. Reed
Millard H. Ewing
Samuel S. Telep County Attorney
Delegation of people from South Weld Area
A delegation appeared before the Board of County Commissioners to
protest the location of a commercial feedlot owned by Don o"Day and located
on the SWiNEj and NWT'SEj of Section 20, Township 1 North, Range 66, West
of the 6th P. M.
Mr. Thacker, representative of the Brighton Chamber of Commerce,
asked if all resolution and applications were properly processed.
Mr. Watson, member of the Planning Commission, stated yes, Mr. O'Day
had taken all the necessary legal steps.
Mr. Thacker asked if there was any technically on which they have
not fully complied.
Mr. Telep stated that all requirements have been met legally, tae
stated you could not take away something that has already been granted. The
only other appeal would be to the Courts.
Mr. Ron Eichman asked what steps or measures could be taken in the
future to prevent this from happening again. He also asked if there were any
limitations as to the number of cattle on this feedlot or any feedlot.
Delegation from South Weld _ June 24, 1964
Re: Don O'Day Feedlot
Mr. Telep stated that in this matter it seems Mr. O'Day is in strict
compliance with the law. The notice was advertised in the Greeley Tribune and
notices of the change and variance were sent by certihed mail to those people in
the area.
Regarding the number of cattle there is no set number as to how many
cattle can be contained in a feedlot. Since everything has been done legally
it seems that nothing can be done about this particular feedlot.
A discussion was held among the group as to the location of the feedlot
and the feed mill (processing plant). The exact location of the feedlot and
the feed mill was discussed. The residents in the area are very concerned about
the health and sanitary conditions in the area. Their water supply is very close
to ground level in many cases and with the rapid growth of both feedlots and
the great number of cattle being fed in these lots they fear their water supply
will be contaminated.
Mr. Bill Deason stated that he and the area residents were in favor
of zoning and had worked with the Weld County Planning Commission in hopes of
preventing such a thing from happening. With Denver's growth and high land values
feedlot operators have been forced to move north to find places to locate their
operations. We are worried about the effect on our wells and the health conditions
in our area.
Mr. Shultz stated that the duty of the Planning Commission is to protect
not to disrupt the people, the Planning Commission does the leg work for the County
Commissioners. The County Commissioners act on the recommendations of the Board
of Adjustments and the Planning Commission, however, the County Commissioners can
reject or accept a recommendation. In this case it was favorabley recommended to
the County Commissioners by the Planning Commission and the Board of Adjustments.
Delegation from South Id
Res Don o"Day Feedlot
Mr. Mosier explained how the area in question was zoned, there seemend
to be a misunderstanding. The area in question is so zoned that it will allow
commercial feedlots. Mr. Mosier gave the dates of the variances and the dates
of publication. He stated that the Planning Commission could not police the
area and asked that the residents of the area aid the Planning Commission by
contacting them before such prodems develop. He stated that the Planning Commission
receives no pay.
It was suggested that articles on the proposed changes should appear
in newspapers subscribed to by the local residents as well as the legal paper,
that perhaps the area to be changed should be posted and that perhaps a representative
from the south part of the county might serve on the Planning Commission, if and when
a vacany occurs
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