HomeMy WebLinkAbout20243030.tiffRESOLUTION
RE: APPROVE REVOCATION, VAC24-0021, OF SPECIAL USE PERMIT, SUP -194, FOR A
HOG FARM OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT -
MICHAEL AND TARA DREILING
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on April 23, 1973, the Board approved the application of Michael R. Dreiling
for Special Use Permit, SUP -194, for a hog farm operation in the A (Agricultural) Zone District, on
the following described real estate, to -wit, and:
The W1/2 SW1/4 NE1/4 of Section 5, Township 1
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has been presented with a letter, dated September 6, 2024, from
the current property co -conservators, Michael Ty and Tara Dreiling, 19547 State Highway 52,
Fort Lupton, Colorado 80621, c/o Alles Taylor Duke, LLC Survey and Engineering,
Attn Scott Ducommun, 3610 35th Avenue, Unit #6, Evans, Colorado 80621, requesting the
vacation of the Special Use Permit, stating the hog farm is not in operation, on the same property
currently described, as follows:
Lots A and B of Recorded Exemption, RE -3260;
being part of Section 5, Township 1 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicants and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
request and revoke Special Use Permit, SUP -194.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Michael Ty and Tara Dreiling is accepted and Special Use
Permit, SUP -194, for a hog farm operation in the A (Agricultural) Zone District, on the parcel of
land described above, be, and hereby is, revoked.
4997280 Pages: 1 of 2
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Ell FitEr llriNklit M r: iiP ill'AIrlie iii iiiLlid "Ill
cc.:PL(DE/Kw/ER/pu.4, ASR(S6
APPL.
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2024-3030
PL0751
REVOKE, VAC24-0021, SPECIAL USE PERMIT, SUP -194 — MICHAEL AND TARA DREILING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of November, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, D -
ATTEST: ..z..4
4 ) _v43;4
3;4
Weld County Clerk to the Board
It too A to) a
Deputy Clerk to the Board
AP" SVED A
ounty At
Date of signature:
4997280 Pages: 2 of 2
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Ke Ross, Chair
Perry
k, Pro-Tem
ike Freeman
Lori Saine
2024-3030
PL0751
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Molly Wright, Planner
SUBJECT: Revocation of SUP -194
HEARING DATE November 13, 2024
APPLICANT: Michael Ty and Tara Dreiling
REPRESENTATIVE: Alles, Taylor and Duke c/o Scott Ducommun
LEGAL DESCRIPTION: Lot A and Lot B of Recorded Exemption RE -3260; being a part of the NE4 of
Section 5, Township 1 North, Range 65 West
LOCATION: North of and adjacent to Highway 52; west of and adjacent to County Road 41
PARCEL NUMBERS: 1473-05-1-00-022 and 1473-05-1-00-026
PARCEL SIZE: +/- 152 acres
ZONE DISTRICT: A (Agricultural)
NARRATIVE: The applicants have been conditionally approved by the Department of Planning Services on
July 24, 2024, for a Lot Line Adjustment between the subject parcels mentioned above. The
request is for adjusting the subject lot line to make a barn be only on Lot A of the Lot Line
Adjustment, as the barn is currently on the property line of the two properties.
1. C. "Use by Special Review Permit SUP -194, for a Hog Farm in the A (Agricultural) Zone District is
locatedlon portions of both proposed Lot A and Lot B of LLA24-0009. The applicant shall address the
continued operation of SUP -194 and which lot(s) it is to be associated with. The Use by Special Review
is required to match property lines. If the applicant wants to remove any or all of the lots from SUP -
194, a partial or complete USR vacation request shall be submitted to the Department of Planning
Services. A USR vacation hearing shall be held before the Board of County Commissioners prior to
the recording of the Lot Line Adjustment."
Michael and Tara Dreiling proceed to revoke SUP -194, for a Hog Farm, as the use permitted under the Use by
Special Review is no longer active on any parcel. The subject properties are being proposed for residential and
agricultural use.
The Department of Planning Services staff has reviewed this request and recommends that this
request be aplroved.
2024-3030
1.1)13 Vacation of SUP -194
Page 1 of 1
To Whom it May Concern,
(/) /c ave-/4'. (2) 7W/"A- 2)/'c/ //;21
I/We (52/7V/444e/ % C/!/ -J (T c ,i.en �i = ' /1,7)
(Name(s) of Property Owner(s)) J'
are writing to request the (complete / partial) vacation of , ^/! / 7�9 77-;"/-17
(Circle one.) (Insert case number.)
7;.44.q
rint: Owner or Authorize Agent j
Signature: Owner tized Agent
04/24
9-be,9g 4,, tie -4;p2r
Date Print: Owner or Authorized Agent Date
Date Print: Owner or Authorized Agent Date
Signature: Owner or Authorized Agent
Y ,6;w4-0
�IA
Jan Warwick
From:
Sent:
To:
Subject:
Good afternoon,
Molly Wright
Thursday, October 31, 2024 3:54 PM
MARK TAYLOR
VAC24-0021 / LLA24-0009
The VAC24-0021 (the complete vacation for SUP -594 is scheduled to go to the Board of County Commissioners
on November 13, 2024 at 9am.
Best regards,
Molly Wright
Planner I
Department of Planning Services
1402 N 17h Ave
Greeley, CO 81631
mrwright(llweld.gov
Phone: (970) 400-3525
LD
WELD COUNTY, CO
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity- to which it
is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
04/24
Use by Special Review Vacation Application
Planning Department Use: Date Received:
Amount $ Case # Assigned:
Application Received By: Planner Assigned:
Complete Vacation (Revokes the USR/SUP/CUP.)
❑ Partial Vacation of a USR. A Partial Vacation USR map is required. The boundaries of the USR must
match the property boundaries.
Property Information
Case Number/Title of USR to be/vacated/partially vacated: SUP "'/ ' "
site Address: /! �1 i4 / Z/ / 4 / ('p 2/
Parcel Number: ---� Z�
Parcel Number: / f 1. 3- d - l- - Z
Legal Description: /E /4/ Section: 4— , Township N, Range 45-w
Propert Owner(s) (Attach additional sheets if necessary.)
Name /11/.440-e/ �jI �%%t 1�jjC
��Ze�
ry f ,ee/Yly a 7td-Z)-e/./4"q
Company: �j/' l.i9 j furls
Phone #: ' --OS' Email: r l%it �[ /�e�'t Q/ C
Street Address: / f51'Z //iv/ 42--
City/State/Zip Code: ,o/^y1 iv*fGYJ, e -D 43O/''2/
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name: SGo74/ 25'CG fros%rlu - --
Company:r5S 74/' ,ZZA e GLC. „..5te/e4 7 if4icer
Phone #: 330-03 Email: A`/eS�Ty tor...,lju,Ce p
�
Street Address: 3�/0 33�iGz.. ZIJIAL O
City/State/Zip Code: .1-/.,.41?, f3,o io
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained
within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this
application, or if an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application.
If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the
corporation.
-d,(
Date Date Wgnature: Owne r Authoriakd Agent
lir, 04 If /124toil
Print Owner o uthorized Agent
/4,44;1,:o/Went-,)
/O.af'e- /e,TeZ
3
Use by Special Review Vacation Application
Planning Department Use: Date Received:
Amount $ Case # Assigned:
Application Received By: Planner Assigned:
IX Complete Vacation (Revokes the USR/SUP/CUP.)
0 Partial Vacation of a USR. A Partial Vacation USR map is required. The boundaries of the USR must
match the property boundaries.
Property Information
Case Number/Title of USR to be vacated/partially vacated: Sl'P ^/fY
Site Address: /93-V7-- L / / pf 7 �p 62/
Parcel Number:-�_�_
Parcel Number: / f 3 - d - l - -� _ Z
Legal Description: /1/4"- /4 / Section: , Township N, Range 4cw
PropertOwner(s) (Attach additional sheets if necessary.) T-
Names /11/ ct / T t Zrei fR/ 'Qe1 /e•ZG/4i <d/'� � T -ell
Company: /G lr/
Phone #: 343) 4'PS-0/7 Email: �/G/l%ir�ct /a't e7T14/Z ea*/
Street Address: / f,! cb Z AilOy ljZ
City/State/Zip Code: rpc, jv�/Gyf/ ( e 00lp�
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent)
Name: corevl Z5ile --
Company: //1C 7y/pc Di€iee L,GG. Sm/�y e;fe4"�'
Phone #: (7 330--d3 Email:,9/�/5 g 7)144erO Ake. 6-04,Street Address: 3�P/D 3�` ./91,ct . illlj;1 0
City/State/Zip Code: .0-1:411S, GD �3�lOT�J
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained
within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this
application, or if an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application.
If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the
corporation.
Date Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent
^4/24
3
Departments of Planning
Building, Development Review
and Environmental Health
1402 North 17T" Avenue
P.O. Box 758
Greeley, CO 80632
'6re/1 Authorization Form
Ca /free ?"/ "e -f :r� �-Gp lGarl4lyivs't
, give permission to �feT �d/'2511� ,' LL.
(Authorized Agent/Applicant—please print)
permits on our behalf, for the property located
I, (We) at a //%1'
caner — please print)
/!tt'.-l9
to apply for any S
at (address or parcel number) below:
/.957/1- 'y , G,/,44./7. Fvbz/
Legal Description:Ae 4! of Section 3- , Township / N, Range —S-1/11
Subdivision Name: tioti1 Lot Block
Property Owners Information:
Address: l ! ST 7. 6 / 6z-/
Phone(3 ) ,45:19/77" E-mail: el</i'7/171iCt, 7 /yner%1Q/7,e0/71
Authorized Agent/Applicant Contact Information: Address: .G/"' 3941, 4.e • an/i1' At/4i11$/ 19,06z0
Phone(f) 33d'e3t't6 E-Mail:,Q�/e%
x
Correspondence to be sent to: Owner Authorized Agent/Applicant by: Mail Email
Additional Info: LUG /Z• 1,/l
//o/7 ' %/ O1' See.r4rDvt 774///2r ev'St
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the information stated above is true and correct to the best of my (our) knowledge.
/�` ` 747
Owner Signature
4 dQIk
Date 9-6 sx► 4C//4te ?eV
Owner Signature
Subscribed and sworn to before me this day of �-�>46K ldy" , 20 7i1V
/k/i44,/ T roes/i�tG�
My comfnission expires al, 2! ,A--�%%�11
Notary Public
FELICIA A ALLES-MAGEE
NOTARY PUBLIC
STATE OF COLORADO /
NARY ID 20154039283 1�d%�ft'€, Are
MY COMMISSION EXPIRES JANUARY 2, 2024 /`"r /'T •
1d6Zft 1z
FELICIA AUDREY ALLES-MAGEE
NOTARY PUBLIC
STATE OF COLQRADO
NOTARY ID 2015 039283
MY COMMISSION EXPIRES JANUARY 02, 2028
Departments of Planning
Building, Development Review
and Environmental Health
1402 North 17TH Avenue
P.O. Box 758
Greeley, CO 80632
(/ #/es to/g.'br,e/ Authorization Form
�j'G«yam �� Cz /n ub•-,/ T24"u
y l.r D
I We :4,4 /"e/mil �l�T . give permission to !b/ Odz2-LG-•
wner — please print) (Authorized Agent/Applicant—please print)
sv,�-l9 �l1r�r4D�
to apply for any permits on our behalf, for the property located
at (address or parcel number) below:
/953 A' '/ 9Zf c 1//44'/7/ Gv t?Olvz/
Legal Description:/V4F of Section 5- , Township / N, Range SW
Subdivision Name: ./ireV/44-- Lot Block
Property Owners Information:
r
Address: /r 54 7- /l // 0,Y � , v/7/ Gv7�'G✓7/
Phone (3 ) fb5 1=7/Z7- E-mail: '"Cal9/71(/ /�" $411 e oriV//•L�OJy1
Authorized Agent/Applicant Contact Information: /
Address: ��/P 35741,4'7."-e. G ��!/s�iylS/ (� oe0
Phone(f ,) 330.'030$ E -Mail: g/'/L�__. grgy/ /... Zve,4eAlsor(o
Correspondence to be sent to: Owner ,-Authorized Agent/Applicant )2 by: Mail Email,<
Additional Info: LUi4 '-fete ✓rD�s�/!� U1'—
/f/DM .GQ 7' % '/ .'eG7D?1 77/1///24.- rive
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the information stated above is true and correct to the best of my (our) knowledge.
Owner Signature
Date ,‘;'2r
er Signature
Date_______
Subscribed and sworn to before me this _6_day of-4ifkId/ , 20
My co mission exp. es Qif,..- /
Notary Public
FELICIA A ALLES-MAGtt
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154039283 /
MYCOMMISSIC PIKES JANUARY 2,.404 (c,....e.... , // ,44,/ j
?aft,
zviz
by
FELICIA AUDREY ALLES-MAGEE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154039283
MY COMMISSION EXPIRES JANUARY 02, 2028
Weld County Treasurer
Statement of Taxes Due
Account Number 84855507 Parcel 1,30510002o
Assessed To
DIML.ING MI,HALL R
198l9COUNIY ROAD 14
FORT LUPTON, CO 80621-8509
Legal Description Situs Address
PT NE4 5-1-65 LOT B REC' EX1,MPT RE: -3260 EX,: BFG E4 C'OR SEC, TH S89D_3234,1` 579.54'
N0D2653W 50' TH 50' N OF AND PARALLEL WITH ,N °FNE4 SEC 5 TI I N89D3234E 579.85'
TOELNOFNI, Ell S0DCI508E50lOPOB
Year
Tax Cha,
2023
Total Tax Charge
IaX
Interest Fees
S1.370.04 $0 00
k'avments Balance
$0.00 ($1.370.041
$0.00
$0.00
Grand Total Due as of 09/06/2024 S0.00
Tax Billed at 202.3 Rates For Tax Area 2214 - 2214
Authority
WELD C'OUNI Y'
SCHOOL DisT RL3J-Kt ENLSBURG
CENTRAL. COLORADO WATER
(CC,
CENTRAL COLORADO WATER
SURD
HUDSON FIRE:
AIMS JUNIOR COLLEGE
111,111 PLAINS LIBRARY
Tars Billed 2023
redit Levy
Mill Levy Amount
12.0240000' S330 04
16 7,30000 S460 98
0.4910000 $24 46
1.30(X)000 $35.6`=
93 700000 ,25721
6.3360018) $173 93
3.1960000 $87 73
49.91001000 $1,37004
Values Actual Assessed
AG -.SPRINKLER $86.977 $22,960
ERRIGATITD LAND
AG -FLOOD $16.851 $4.450
IRRRfGATED LAND
AG•GRAZIN'C LAND $125 $30
AG -WASTE LAND $48 410
-total $104.001 $27.450
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1.
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH.
Weld County Treasurer's Office
1400 N 17th Avenue
PO Box 458
Greeley, CO 80632
Phone 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signed: Ln "
Date:
CENTRALCOI()RAD° WATER 08910000 $lo_5n
ICCW
CLNLRALcOioRADOWAIFR 13000000 $15 31
SUED
HUDSON FIRS 9?7['00trt $11038
AIMS JUNIOR COLLEGE. 6 336(30(10 $74 64
IIIGH PI AIN$ I.(f3RARY 3.1960000 $17.65
faxes Billed 2023
Credit Lev}
49,9100000 $587.94
Weld County Treasurer
Statement of Taxes Due
Account Number R 1756102
Assessed To
Parcel 147305100022
DREILING MICHAEL TI
19547 f1IGHWAY 52
FORT LUPTON, C.0621-.03
Legal Description
PT NE4 5-1.65 LOT A REC EXEMP"1 RE -326o (.29R)
Sites Adthess
19547 MO OIWAY 52 WILD
Year
Tax Charge
2023
Trial Tax Charge
Tax lnlerest
Pzr me u:; Balance
$587.94 $0.00 $0.00 ($587.94)
$000
5000
Grand Total Due as 01 09/06/2024
$.0.00
Tax Billed at 2023 Rates lb,. Area 2214 - 2214
Authority Mill Levy AmoDu Values
WELD C(>t)NTY 12 0240000' $141.63 AO-GRA/ING LAND
SC HOC11. DIS I' R.L3J-R I ENESEtt llt6 16 7930000 $197 83 FARM'R 1NC'H
RESIDENCE -IMPS
Tam
Victual Assess,
$119 $30
$230.360 $15,430
$230.479 $15.x6(1
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH.
Weld County Treasurer's Office
1400 N 171, Avenue
PO Box 458
Greeley, CO 80632
Phone 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signed:
Date:
hi rho lnteiest`of;'
Michael'l2od'neyDreiling
RespondentMlard bivlsion 1 Courtroom'
i LETTERS OF;CO-GUARDIANSHIP — ADULT
'Kimtiertv,Marie Sp"ayd and`MiciiaelTY,DreilifigAco4ivardians) were'appoinled by court order on November 21,
2_ 012, (date)`;asa,
gGuardianpursuant to-§ 15-14t31,1,'C'.R'Sa.
,OEmergency Guardian', pursuant to.§ 15-14312(11, CAS; These:letters will expire on (a,date not to
exceed60 day's from the date of appointment) _The guardians powers are specified In the order.
QTemporary Substitute Guardian pursuant' to § 15-14.313. C.R.S. These letters will expire on (a date
not.o exceed 6. Months from the date of appointment); The guardian's powers are specified:in the preotous
Order'of Appointment:
The guardia"o must have access to'resporid'ent's/ward's medical record&and information to the same, extent .
Met the respor dentiward is entitled. The guardian must be deemed to be the respondent's,lward's personal
representative lot all purposes'relatirig to-his,:or_ her protected health information. as provided:in HIPAA;
Section,45 CFR,164.502(9)(2),
I -I :tit), Oclubcr'h. 111th. I:ttt NM,
A COURT LISE'ONLY
Case t4umber: 2012PR552
Theses jLetters of Guardianship are proofi,of `the guardian's;, it authority to pact. except fo_r,' the following
testrictioris:
The'guardian,does not'haveithe authority' to.obtain tiospitat,or institutional care end .treatment •for mental
illness, developmental disability,, o, alcoholism against,the will of•the,respondentiwardpursuant'to § 15=14=
316(4), C.R.S. .
The respondent/Ward's place of residence must not be.changed from the State of,Colorado with'oUt'an ordeFet
ttie court pursuant to,§:15-14-315(1l((i) 'C:R.S: `
Ddther limitations:
The Co-ouerdians are authorized to make decisions on"behalf'oi Respondent ioint /.t•independentiv.under
the order. of Co -guardianship. •
D'atee_: October 6,'2020.
Probate Registrar (Qs1p'_ S' lark/of Court
CERTIFICATION=
Certitii ..j-d.tr a 1 opy of the onginal In my_cu tody and to be in full force an
l/.l. l � ���U2�
../SF a49SC R9/1B, LETTERS OF ts55DIANSMIP- :ADULT.
a
Sent from my iPhone
Ter
‘64' • 721, 1,4e ,wie*p
p 4-.49. o/r
District Court, Feld County, Colorado
Court Address: 901 9`h Avenue, Greeley, CO 80631
Telephone: 970-475-2400
)ATE FILED.:\pil 9, X0-4 10.21 AM
,\SE Nl 41BFR: 012PR»2
♦ COURT USE ONLY •
In the Interest of:
MICHAEL RODNEY DREILING
Protected Party.
Case No.: 2012PR552
Division: 1
ORDER RE:
UNOPPOSED MOTION TO AUTHORIZE BOUNDARY -LINE CHANGE
THE COURT, having reviewed Co -Conservators' Unopposed Motion to Authorize Boundary -Line
Chage, and being otherwise fully advised, order as follows:
® The Motion is GRANTED. Co -Conservators, or either of them, are authorized to complete
the Lot B deed, to apply fora lot -line adjustment and complete all attendant tasks, to
complete a new plat and the additional deeds as stated within the Motion, and are authorized
to effectuate the purpose of the request, which is to legally adjust the boundary line between
Protected Person's property and Ty Dreiling's property such that the barn structure is fully
within the property boundary of Ty Dreiling's property.
❑ The Motion is denied.
❑ The Court further orders as follows:
Dated: April 9, 2024
71,4.4.."4„,
BY
THE CO RT
District Court udge
4954223 04/11/2024 02:09 PM
Total Pages: 1 Rec Fee: $13.00
Carly Koppes - Clerk and Recorder, Weld County , CO
QUITCLAIM DEED
THIS DEED is dated A,/ / 2024 and is made between Michael Dreiling of the
County of Weld, State of Colorado, the R "Grantor", and Michael R Dreiling, the "Grantee,"
whose legal address is 19819 County Road 14, Fort Lupton, CO 80621.
WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS,
($10.00), the receipt and sufficiency of which is hereby acknowledged, does hereby remise,
release, sell and QUITCLAIM unto the Grantee, and the Grantee's heirs and assigns, forever, all
the right, title, interest, claim and demand which the Grantor has in and to the real property,
together with any improvements thereon, located in the County of Weld and State of Colorado,
described as follows:
Lot B of Recorded Exemption No. 1473-5-1 RE3260, recorded June 21, 2002 in
the records of the Weld County Clerk and Recorder at Reception No. 2963074
being a part of NE Si of Section 5, Township 1 North, Range 65 West of the 6"
P.M., County of Weld, State of Colorado.
also known by street address as; Vacant Land
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use,
benefit and behoof of the Grantee, and the Grantee's heirs and assigns, forever.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
GRANTOR:
Michael R Dre g
by Michael Ty reiling, k/a Ty Dreiling, as Co -Conservator
STATE OF COL' ORADO
COUNTY OF O
) ss.
)
The foregoing instrument was acknowledged before me this l' day of
2024, by Michael Ty Dreiling, a/Ida Ty Dreiling, as Co -Conservator for Michael R
Dreiling.
Witness my hand and official seal.
My commission expires:
DEBORAH ZION JOHNSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20204020173
MY COMMISSION E1(PIRES JUNE 9, 2024
!�
Notary Public -`
THIS INSTRUMENT PREPARED AT THE SPECIFIC REQUEST OF GRANTOR BASED
SOLELY ON INFORMATION SUPPLIED BY ONE OR MORE OF THE PARTIES TO THIS
CONVEYANCE, AND WITHOUT EXAMINATION OF TITLE OR ABSTRACT. THE
DRAFTER ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACY, OR
OMISSIONS IN THIS INSTRUMENT RESULTING FROM THE INFORMATION
PROVIDED, THE PARTIES HERETO SIGNIFYING THEIR ASSENT TO THIS
DISCLAIMER BY THE GRANTOR'S EXECUTION AND THE GRANTEE'S
ACCEPTANCE OF THE INSTRUMENT.
Alpha En in ng CO.. 617 5a St.. FortLupton. CO 80621
Name and Adder ofPeraon Creating Newly Created Legal Description (§ 38-35-106.5, C.R.S.)
No.933. Rev. I46. QUITCLAIMDFFD Mtge 1orrr
4 4 i �ttiu rtiit �itirit ir�i iu�� trir r���tri �i� trill �iti �tti
3026414 01/21/2003 12:55P Weld County, CO
1 of 2 R 11.00 0 20.00 Stave Marano Clerk b Recorder
WARRANTY DEED 31.
TkIS TEED, Made this 16th, day of January, 2003 between
Michas] R. Oreling and Doris Dreiling
of the Fort Lupton County of Feld and
State of Colorado, grantor and
Michael Ty Dreiling and Tara Lee Dreiling
whose legal address is 19547 Highway N 52, Ft. Lupton, Colorado 8062.1
of the Fort Lupton County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and is coasideratioa of the sum of TWO HUNDRED THOUSAND
AND n 100, ($20,000.00) Dollars, the receipt aad sufficiency of which is hereby
acknowlodged, has granted, 6argainad, sold sad conveyed, end by these preeeats does
grant, bargain, sell, convey aad confirm unto the grantees, [hair heirs and assigns
forever, not in tenancy in common but in JOINT TENANCY, all real property, together
with improvements, if any, situate, lying and being in the Fort Lupton County of Weld
and State of Colorado, described as follows: See .Exhibit A.
also known by street and number as 19547 Highway # 52, Ft. Lupton, Colorado 80621
TOGETHER with all and singular the hereditament. and appurtenances thereunto
belonging, or in ar�ywiee appertaining and the reversion and revereioas, remainder and
remainders, rents, iaaues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hareditaatents and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained aad described, with the
appurtenances, unto the grantees, their heirs and assigns forever And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their heirs and asaigas, that at the time of the
ansealing and delivery of these pzeseats, he is wall seized of the premises above
conveyed, has ood, aura, perfect, absolute and indefaaaible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liana, taxes,
assessmerta, encumbrances and restrictions of whatever kind or nature soevez, except
Excluding all mineral rights and 50 GPM alternate well case #W-7322.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises
is the quiet and peaceable possession of the grantees, their heirs aad assigns,
against all and every person or persons lawfully claiming the whole or any part
thereo.
The singular number shall include the plural, the plural the singular, and the use
of any geadnr shall be applicable to all genders.
IN WITNESS ➢[HEREOF the grantor has executed this deed on the date set forth above.
R. Dreili
7
s Dreiling
STATE OF COLORADO
) ss. The foregoing instrument was acknowledged before
Fort Lup Ccunty of Weld ) me this 16th, day of January, 2003
by Michael R. Dreiling and Doris Dreiling
Witness my hand and official seal.
My comm:ssicn expires 3-16-05
No. 921A. Rev. 3-85
llI1ll hII11 Illllll IIII III! Olt Hill III 1111111111111
3025414 01/21/2003 12:55P Weld County, CO
2 0 2 R 11,00 D 20.00 Steve Moreno Cterk d Recorder
"EXHIBIT A"
Lot A of Recorded Exemption No. 1473-5-1-RE3260, recorded June 21,
2002 as Reception No. 2963074, being a part of NE1/4 of Section 5,
Township 1 North, Range 65 West of the 6th P.M., County of Weld,
State of Colorado.
apex/xi n
I
RESOLUTION
WHEREAS, a public hearing was held on April 23, 1973, in the
chambers of the Board of County Commissioners of Weld County,
Colorado, 'for the purpose of hearing the petition of Michael Dreiling,
Rural Route, Box 233-A, Fort Lupton, Colorado, requesting permission
to locate a hog farm operation on the following described property, to -wit:
The West Half (W Z) of the Southwest Quarter (SW 1)
of the Northeast Quarter (NE 4) of Section 5, Town-
ship 1 North, Range 65 West of the 6th P. M. , Weld
County, Colorado, and
WHEREAS, the petitioner was present, and
WHEREAS, there was some opposition to the request of petitioner to
locate said hog farm operation on the above -described premises, and
WHEREAS, the said requested hog farm operation is located in an
Agricultural Zone as set forth by the Weld County Zoning Resolution, and
WHEREAS, according to Section 3. 3 (3)(c) of the Zoning Resolution
of Weld County, said hog farm operation may be authorized upon the
approval of the Board of County Commissioners of Weld County, and
WHEREAS, the Board of County Commissioners heard all the testi-
mony and statements of those present; has studied the request of the
petitioner and studied the recommendations of the Weld County Planning
Commission, and having been fully informed;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, that the application of Michael Dreiling, Rural Route,
Box 233-A, Fort Lupton, Colorado, to locate a hog farm operation on
the premises indicated above be, and it hereby is granted under the
conditions following:
1. That any. water and sanitation facilities to be installed shall be
approved by the State Health Department.
2. That petitioner shall proceed with due diligence to construct said
hog farm operation and shall have up to one year from date hereof to begin
construction of same; otherwise, the Board may, for good cause shown, on
its own motion, revoke the permit herein granted.
3. That when said hog farm operation is completed same shall be
limited to pen size as indicated on plans as submitted.
4. Subject to a set -back of at least six hundred (600) feet of said
operation from State Highway No. 52.
5. That all applicable subdivision and zoning regulations shall be
PL0751
730571
followed and complied with in accordance with the Zoning Resolutions of
Weld County, Colorado.
Dated this 2$1`day of April, A.D. , 1973.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CLA
ATTEST:
_Clerk of the yard
RO-Vii
�� �i DepufyCountyClerk
ROVED AT TO FORM:
1
C otthel ney
-2-
DEPARTMENT OF PLANNING SERVICES
LOT LINE ADJUSTMENT (LLA)
ADMINISTRATIVE REVIEW
Case #:
LLA24-0009
Planner:
Molly
Wright
Submittal
Date:
April
23, 2024
Applicants:
Michael
R
Dreiling
& Tara
L
Dreiling
Agent:
i
Alles,
Taylor,
and
Duke
c/o Scott
Ducommun
Parcel
ID
#s:
1473-05-1-00-026
and
1473-05-1-00-0022
Legal
Descriptions:
•
•
Lot
Weld
Lot
Weld
A
B
of
County,
of
County,
RE
RE
-3260;
CO
-3260;
CO
being a
being a
part
part
of
of
the
the
NE4
NE4
of
of
Section
Section
5; Ti
5, Ti
N,
N,
R65W of
R65W of
the 6th
the 6th
P.M.,
P.M.,
Location:
North
of
and
adjacent
to
HWY
52; West
of
and
adjacent
to CR
41
Zoning:
A (Agricultural)
# of
# of
# of
Plats:
Lots:
Parcels:
1
2
2
(022)
Lot
Before/After:
A Size
+/- 3.541
acres / +/- 7.63 acres
(026)
Lot
Before/After:
B Size
+/-
acres
149.937
acres / +/- 145.848
Water
Before/After:
Source
Lot
Lot
A: Well
B: Well
# 237964
# 1074312
Sewer
Before/After:
System
Lot
Lot
A:
B:
Septic
Proposed
SE
-0100112
Septic
The Lot Line Adjustment criteria and process are detailed in Chapter 24, Article X of the Weld County Code.
Referral Agency Review:
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
• Weld County Oil and Gas Energy Department, referral dated May 7, 2024
• Colorado Division of Water Resources, referral dated May 3, 2024
• Weld County Department of Planning Services — Development Review, referral dated May 21, 2024
• Weld County Department of Public Health and Environment, referral dated May 21, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• City of Fort Lupton, referral dated May 22, 2024
• Town of Hudson, referral dated May 8, 2024
• Weld County Sheriff's Office, referral dated May 7, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
• Colorado Department of Transportation
• Colorado Parks and Wildlife
• Hudson Fire Protection District
• Weld County School District RE -3J
LLA24-0009 I Dreiling
Page 1 of 6
• Platte Valley Conservation District
Narrative:
The proposed application seeks to adjust a lot line between Lots A and B of RE -3260, recorded June 21,
2002, reception #2963074, now known as Lots A and B of LLA24-0009. On June 13, 2024, a sliver of land
was deeded to Weld County for the expansion of County Road 41, via reception number 4965797. The lot
line adjustment will maintain all the improvements on Lot A. After the lot line adjustment is approved and
recorded, Lot A will contain existing agricultural support buildings and Lot B will contain the hay farm. The
existing home on Lot A is served by an existing well and septic, and if a home is constructed on Lot B, it
would be served by the existing well on site and proposed septic.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the Lot Line Adjustment Overview and Standards per Sections 24-10-10 and 24-10-20 of the Weld County
Code have been met. This Lot Line Adjustment is approved with the following conditions of approval in
accordance with information submitted in the application and the policies of Weld County.
1. Prior to recording the plat:
A. The applicant shall address the requirements from the Colorado Division of Water Resources, as
stated in the referral response dated May 3, 2024. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
B. The applicant shall acknowledge the advisory comments of the Weld County Oil and Gas Energy
Department, as stated in the referral response dated May 7, 2024. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
C. Use by Special Review Permit SUP -194, for a Hog Farm in the A (Agricultural) Zone District is
located on portions of both proposed Lot A and Lot B of LLA24-0009. The applicant shall address
the continued operation of SUP -194 and which lot(s) it is to be associated with. The Use by Special
Review is required to match property lines. If the applicant wants to remove any or all of the lots
from SUP -194, a partial or complete USR vacation request shall be submitted to the Department
of Planning Services. A USR vacation hearing shall be held before the Board of County
Commissioners prior to the recording of the Lot Line Adjustment.
2. The draft plat shall be amended as follows:
A. The plat shall be prepared per Section 24-10-50 of the Weld County Code.
B. The plat shall be prepared by a registered professional land surveyor in the State of Colorado and
contain a complete and accurate metes and bounds or aliquot legal description of the lot(s) to be
amended.
C. Each sheet of the plat shall be titled: Lot Line Adjustment # LLA24-0009
D. The plat shall include the attached Weld County Plat Notes listed in Section 3 of this document.
E. The plat shall bear the certifications shown in Appendix 24-F of Chapter 24 of the Weld County
Code. Do not include the Board of County Commissioners certificate.
F. The plat shall contain a list of the history of land divisions and amendments, which resulted in the
parent parcels. Reference previous land divisions by case number, reception number and recording
date or deed.
G. The new Lot Line Adjustment lots shall be designated from smallest to largest in acreage, on the
plat map and legal description, as specified hereafter:
LLA24-0009 I Dreiling
Page 2 of 6
1) Lot A of RE -3260 is now known as: Lot A of LLA24-0009
2) Lot B of RE -3260 is now known as: Lot B of LLA24-0009
B. Lot acreages shall comply with the minimum lot size in the underlying zone district and/or the
acreage requirements per Section 24-11-20 and Section 24-11-30 of the Weld County Code.
C. The Lot Line Adjustment lots shall comply with the criteria of the land division being amended per
the Standards outlined in the applicable Article of Chapter 24 of the Weld County Code.
D. Show and label the existing lot line to be amended with a dashed -line type and the proposed lot
line with a solid heavy line type.
E. All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number.
F. Show and label any conflicting boundary evidence such as fences or structures.
G. Road 41 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate and label on the plat the existing and future rights -of -way (along with
the creating documents for the existing right-of-way) and the physical location of the road. If the
existing right-of-way cannot be verified it may be dedicated. Pursuant to the definition of setback in
the Weld County Code Section 23-1-90, the required setback is measured from the future right-of-
way line. This road is maintained by Weld County.
H. County Road 14 is a gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate and label on the plat the existing and future rights -of -way
(along with the creating documents for the existing right-of-way) and the physical location of the
road. If the existing right-of-way cannot be verified it may be dedicated. Pursuant to the definition
of setback in the Weld County Code Section 23-1-90, the required setback is measured from the
future right-of-way line. This road is maintained by Weld County.
I. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way.
J. Show the approved Colorado Department of Transportation (CDOT) access points on the plat and
label with the approved access permit number if applicable.
K. Show and label the existing access points onto CR 41 and CR 14. Include the access type.
Development Review will review these access points as part of the plat review.
3. The following Plat Notes shall be placed on the plat:
1) The purpose of this Lot Line Adjustment is to adjust the boundaries between Lots A and B of RE -
3260, now known as Lots A and B of LLA24-0009.
2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County
Code, as amended.
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
4) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code.
5) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way.
LLA24-0009 I Dreiling
Page 3 of 6
6) Access shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking.
7) Any work that may occupy and/or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit from the Weld County Department of Public Works
prior to commencement.
8) The historical flow patterns and runoff amounts will be maintained.
9) Water service may be obtained from an appropriately permitted well.
10) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may
be by on -site wastewater treatment systems (OWTS) designed in accordance with the regulations
of the Colorado Department of Public Health and Environment, Water Quality Control Division, and
the Weld County Code in effect at the time of construction, repair, replacement, or modification of
the system.
11) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural integrity or capability of the component
to function as designed.
12) The applicant should be aware that while they may be able to obtain a well permit from the Office
of the State Engineer, Division of Water Resources, the quantity of water available for usage may
be limited to specific uses, i.e., domestic use only, etc. Also, the applicant should be made aware
that groundwater may not meet all drinking water standards as defined by the Colorado Department
of Public Health and Environment. We strongly encourage the applicant to test their drinking water
prior to consumption and periodically test it over time.
13) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by
SUP -106 and MUSR14-0032. Off -site impacts that may be encountered include noise from trucks,
tractors and equipment; dust from animal pens and odors from animal confinement, silage, and
manure.
14) Prior to the release of building permits, the applicant shall submit a recorded deed describing the
Lot upon which the building permit is requested with the building permit applications. The legal
description on such deed shall include the Lot designation and Lot Line Adjustment number.
15) Prior to the release of building permits, the applicant shall submit evidence to the Department of
Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and
dependability.
16) Potential purchasers should be aware that approval of this Lot Line Adjustment does not guarantee
that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is
unable to obtain a well permit. The State Division of Water Resources issues all well permits.
17) All proposed or existing structures will or do meet the minimum setback and offset requirements
for the zone district in which the property is located. Pursuant to the definition of setback in the
Weld County Code, the required setback is measured from the future right-of-way line.
18) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended.
19) Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
LLA24-0009 I Dreiling
Page 4 of 6
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to
the start of construction.
20) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
4. Next Steps:
Per Section 24-10-50 of the Weld County Code: The Lot Line Adjustment revised draft plat shall be
submitted once an application is approved. The applicant shall electronically submit the draft plat in
PDF format to the Department of Planning Services for Planning and Public Works review. Planning
staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised
plat. There may be subsequent rounds of review. Upon approval of the draft plat and completion of the
conditions of approval, the applicant shall submit the signed and notarized approved plat to the
Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County
Clerk and Recorder by the Department of Planning Services. The approved plat and additional
requirements shall be recorded within one hundred twenty (120) days from the date the administrative
review was signed or from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fee.
5. Enforcement:
Per Section 24-10-60 of the Weld County Code:
A. If the Lot Line Adjustment plat has not been recorded within one hundred twenty (120) days from
the date the Staff Report was administratively signed or the date of approval by the Board of County
Commissioners, or if an applicant is unable to meet any of the conditions within one hundred twenty
(120) days of approval, the Director of Planning Services may grant an extension for a period not
to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the
applicant is unwilling to meet any of the conditions of approval or the extension expires, the
application will be forwarded to the Board of County Commissioners for reconsideration. The entire
application may be considered for denial by the Board of County Commissioners. Alternatively, the
Board of County Commissioners may consider upholding, modifying or removing the contested
conditions of approval.
B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance
may result in locking of the lots and withholding Weld County permits.
C. The Board of County Commissioners shall have the power to bring an action to enjoin any
subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such
subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S.
6. Plat Recording Process:
Per Section 24-10-40.I of the Weld County Code: Upon completion of the conditions of approval and
acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner.
The plat shall be signed and notarized by the property owners. If approved by the Department of
Planning Services, the Planning Director shall sign the plat. If approved by the Board of County
Commissioners, the Chair of the Board shall sign the plat.
Per Section 24-10-40.J of the Weld County Code: The Department of Planning Services shall submit
the plat to the Weld County Clerk and Recorder for recording.
Per Section 24-10-40.K.of the Weld County Code: The Lot Line Adjustment is approved and binding
the date the plat is recorded with the Weld County Clerk and Recorder.
LLA24-0009 I Dreiling
Page 5 of 6
Per Appendix 5-J of the Weld County Code, should the plat not be recorded within the required one
hundred twenty (120) days from the date the Administrative Review was signed, a $50.00 Recording
Continuance fee shall be assessed for each additional three (3) month period that the plat has not been
recorded, beyond the initial one hundred twenty (120) days.
7. Recording New Deeds:
The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal
description of each lot and the reception of the Lot Line Adjustment plat. New deeds are required even
if lots will remain under the same ownership. Failure to do so may create issues with the proper
assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of
title.
By:
Molly Wright, Planner I
Date: July 23, 2024
LLA24-0009 I Dreiling
Page 6 of 6
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