HomeMy WebLinkAbout20250214.tiffCorrected Resolution
Action of the Board at Probable Cause Hearing, PCSC25-0003, Concerning Zoning
Permit — Class I Home Occupation, ZPHO24-0005, for a home office for a flooring
business in the R-1 (Low Density Residential) Zone District — Abbey Van Horn
(On February 3, 2025, this Resolution #2025-0214, filed at PL2950, was
taken off the Consent Agenda for the purpose of rescinding the date set as
March 5, 2025, for the Show Cause hearing to a corrected date of March 26,
2025. The date reset was due to the scheduled absence of Commissioners
on March 5, 2025.)
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 the 29th day of January, 2025, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not
Abbey Van Horn, 13581 Elmore Road, Longmont, Colorado 80504, is in compliance with
certain Requirements contained in Zoning Permit — Class I Home Occupation,
ZPHO24-0005, for a home office for a flooring business in the R-1 (Low -Density
Residential) Zone District, and
Whereas, the alleged violations were said to be occurring on property being further
described as follows:
Lot 5, Block 3 of Seemore Heights Subdivision;
being part of the NW1/4 of Section 30, Township
3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
Whereas, at said hearing, the applicant was present and represented by
Deborah Ytterburg, Johnson and Ytterburg, P.C., 8 Garden Center, Unit 2, Broomfield,
Colorado 80020, and
Whereas, after hearing testimony from the Department of Planning Services, the Board
finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld
County Code, there is sufficient probable cause to schedule a Show Cause Hearing to
consider whether or not said Zoning Permit— Class I Home Occupation should be revoked
for failure to comply with Section 23-4-990.D.4, as it relates to traffic associated with the
Home Business, and certain Requirements,
CC pL(vE/MN/KR), CA (Kr.), A5R(sG),
PPL.
02/24/25
2025-0214
PL2950
Probable Cause (PCSC25-0003) — Abbey Van Horn
Page 2
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that a Show Cause Hearing be scheduled to determine whether or not Zoning
Permit — Class I Home Occupation, ZPHO24-0005, issued to Abbey Van Horn, should be
revoked.
Be it further resolved by the Board that the date for the Show Cause Hearing shall be
March 26, 2025, at or about 9:00 a.m., in the Assembly Room of the Weld County
Administration Building, 1150 O Street, Greeley, Colorado 80631.
Be it further resolved by the Board that the issue to be considered at said Show Cause
Hearing is whether or not the permit holder is in compliance with the criteria for approval
listed in Section 23-4-990 of the Weld County Code, as follows:
D.4: The Home Occupation shall not create any negative impacts to the public
health, safety and general welfare of the neighboring property owners, such
as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic
congestion, trash accumulation, heat, glare or electrical interference, or
other hazard or nuisance noticeable off the Lot.
Be it further resolved by the Board that additional issues to be considered at said
Show Cause Hearing is whether or not the permit holder is in compliance with the
following operational Requirements listed in Section 23-4-990 of the Weld County Code,
as follows:
B.6.a: The proposed parking location of any Commercial Vehicle (if applicable),
including distances from the property Lot lines and other Structures on the
property. Notwithstanding any section of this Code to the contrary, a Class II
Home Occupation may include up to two (2) associated Commercial
Vehicles.
F: A Class I Home Occupation shall be conducted by the members of the
Living Unit of the Dwelling Unit. A Class II Home Occupation shall be
conducted by the members of the Living Unit of the Dwelling Unit, plus no
more than two (2) external employees.
2025-0214
PL2950
Probable Cause (PCSC25-0003) — Abbey Van Horn
Page 3
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 29th day of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro -Tern: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0214
PL2950
To:
From:
Subject:
Owner:
DEPARTMENT OF PLANNING SERVICES
1402 N. 17th Avenue, Greeley, CO 80631
Email: mnader@weld.gov
Phone: (970) 400-3527
PROBABLE CAUSE MEMORANDUM
PCSC25-0003
Weld County Board of County Commissioners
Maxwell Nader, Department of Planning Services
Property is non -compliant with the terms of the Zoning Permit - Home Occupation Class I
Abbey Vanhorn
13581 Elmore Road, Longmont, CO 80504
Hearing Date: January 29, 2025
Legal Description: Lot 5, Block 3 of Seemore Heights Subdivision; being a part of the NW4 of Section 30,
Township 3 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of
Colorado
Location: West of and adjacent to Elmore Road; Approximately 0.40 miles south of Highway 66
Parcel Size: +/- 4.7 acres Parcel Number: 1207-30-2-02-013
Zone District: R-1 (Low -Density Residential)
Pursuant to Chapter 2, Article IV, Section 2-4-40 of the Weld County Code, a Probable Cause public hearing is
requested before the Board of County Commissioners.
VIOLATION
The property identified as 13581 Elmore Road, Longmont, CO 80504, does not appear to be in compliance with
the Zoning Permit for a Home Occupation Class I, permit #ZPHO24-0005, approved on January 3, 2025.
Per a complaint submitted to Weld County Department of Planning Services on January 6, 2025, the site has
commercial vehicles parked on -site and employees operating on site.
A Probable Cause - Show Cause process has been setup, case no. PCSC25-0003, to respond to this
complaint.
Based on site inspections conducted by staff from the Department of Planning Services on January 10, 2025, it
was determined that the property is not in compliance with the conditions outlined in Permit ZPHO24-0005.
Specifically, the inspections revealed the presence of commercial vehicles on the premises and the active
engagement of non-resident employees in work -related activities associated with the business, including but not
limited to loading, unloading, and other general operational tasks. Specifically, the property is not in compliance
with the ZPHO24-0005 regulations per Weld County Code Section 23-4-990.F and 23-4-990. B.6.a, which state:
F: A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the
DWELLING UNIT. A CLASS II HOME OCCUPATION shall be conducted by the members of the LIVING
UNIT of the DWELLING UNIT plus no more than two (2) external employees.
B.6.a: The proposed parking location of any COMMERCIAL VEHICLE (if applicable), including distances
from the property LOT lines and other STRUCTURES on the property. Notwithstanding any section of
this Code to the contrary, a CLASS II HOME OCCUPATION may include up to two (2) associated
COMMERCIAL VEHICLES
PCSC25-0003 Memo I Van Horn
Page 1
AUTHORITY
As stated under Section 2-4-40.B.1 of the Weld County Code: "Upon receipt of a complaint alleging violations of
the Weld County Code for which the applicable department has an obligation to enforce, the department shall
investigate to determine if evidence exists to support the allegations. If evidence exists to support the alleged
violations, the department may coordinate with the person against whom the complaint is made to correct the
violations in an expeditious manner. If the person is unwilling or unable to correct the violations within a
reasonable amount of time, a probable cause hearing shall be scheduled and notice shall be provided to the
person against whom the complaint is made."
HISTORY
An initial complaint was submitted to the Department of Planning Services staff on October 28, 2024, that
suggested there was a commercial flooring business on the subject property. A compliance officer went out to
confirm the complaint but was unable to confirm whether a business was active or not. A courtesy letter to the
property owner was also sent. Upon no response to the courtesy letter, an email was sent to the property
owner. A response to the email sent was received, as the property owner stated that she had just moved into
the property and was not receiving any mail yet. The property owner reached out to staff to discuss the issues
and permitting options. On November 22, 2024, a site visit was conducted with the compliance officer on the
property. Planning staff was communicating with the property owner on how to become compliant with the
zoning and the Home Occupation Class I (ZPHO) Permit if applied for.
Planning staff met with property owners in Seemore Heights to explain the Home Occupation Class I Permit on
November 25, 2024.
The property owner submitted a Home Occupation Class I (ZPHO) Permit on December 3, 2024. Planning staff
then met with the property owner on December 9, 2024, to discuss the Home Occupation Class I (ZPHO)
Permit.
On January 3, 2025, ZPHO24-0005 was approved by staff for a Home Office for a Flooring Business. Following
the approval of this permit staff received complaints on January 3, 2025, and have received consistent photos
of the subject property activity since.
The probable cause notice letter was sent by Department of Planning Services staff on January 13, 2025, that
notified the property owners of the violation and explained the probable cause hearing is set for January 29,
2025, to consider revocation of the permit. The property owner responded to this letter by calling Planning staff
to discuss the purpose of it and next steps.
RECOMMENDATION
The role of the Board of County Commissioner in this Probable Cause hearing is to review the property, for
compliance with the terms of the Zoning Permit, to determine if probable cause exists to hold a hearing on
revocation of the Zoning Permit. If it is determined at the Probable Cause hearing that there is probable cause
that the property is not in compliance with the Zoning Permit, the Board of County Commissioners will schedule
a Show Cause hearing to consider revocation of the Permit.
Per Section 2-4-40.C of the Weld County Code: "Probable cause is defined as a reasonable ground for belief in
the existence of evidence supporting the allegations of violations of the Weld County Code."
Per Section 2-4-40.D of the Weld County Code: "At the conclusion of the presentation of evidence, the Board of
County Commissioners shall make an oral decision. The decision shall be to either dismiss the case, continue
the case to a time specified in the future or to set the case for a formal show -cause or other type hearing at a
time specified in the future."
Department of Planning Services staff believes that probable cause has be found in this situation, that the
property is not compliant with the approved Zoning Permit per the presented evidence. Additionally, the
compliance division receives multiple complaints daily regarding the consistent commercial activity taking place
on the property. Therefore, Department of Planning Services recommends that a formal Show Cause hearing
PCSC25-0003 Memo I Van Horn
Page 2
be scheduled to consider revocation of the Zoning Permit, should compliance not be reached by the date of the
Show Cause hearing.
Planning staff recommends scheduling the Show Cause hearing on March 5, 2025.
Regards
/71
Maxwell Nader, Planning Manager
January 22, 2025
PCSC25-0003 Memo I Van Horn
Page 3
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
• CASE NUMBER: PCSC2S-OOO3
• OWNER: ABBEY VAN HORN
• COMPLAINT: PROPERTY IS NON -COMPLIANT WITH THE TERMS OF THE ZONING
PERMIT- HOME OCCUPATION CLASS I (ZPHO24-0005)
• LEGAL DESC: LOT 5, BLOCK 3 OF SEEMORE HEIGHTS SUBDIVISION; BEING A PART
OF THE NW4 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
• LOCATION: WEST OF AND ADJACENT TO ELMORE ROAD; APPROXIMATELY 0.40
MILES SOUTH OF HIGHWAY 66
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
I
ZPHO24 0005 permitted:
Zoning Permit for a Class I Home Occupation (home office
for flooring business) In the R-1 (Low -Density Residential)
Zone District.
Note: This permit style does not get recorded.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
HISTORY
October 28, 2024
• Initial complaint submitted to the Department of Planning Services staff about a commercial flooring business on the
subject property.
October 28 — November 2024
• A compliance officer visits the property but cannot confirm whether a business is active.
• A courtesy letter is sent to the property owner.
November 2024
• No response to the courtesy letter prompts an email to the property owner.
• The property owner responds, stating that she has just moved into the property and is not receiving any mail yet.
• The property owner contacts staff to discuss issues and permitting options.
November 22, 2024
• A site visit with the compliance officer is conducted at the property.
November 25, 2024
• Planning staff meets with property owners in Seemore Heights to explain the Home Occupation Class I (ZPHO) Permit.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
HISTORY
December 3, 2024
• The property owner submits a Home Occupation Class I (ZPHO) Permit application.
December 9, 2024
• Planning staff meets with the property owner to discuss the Home Occupation Class I (ZPHO) Permit.
January 3, 2025
• ZPHO24-0005 is approved by staff for a Home Office for a Flooring Business.
• Complaints and photos of activity on the property are received by planning staff.
January 13, 2025
• Department of Planning Services sends a probable cause notice letter to the property owner, notifying them of the
violation and the probable cause hearing scheduled for January 29, 2025, to consider permit revocation.
• The property owner calls planning staff to discuss the letter and next steps.
January 29, 2025
• Probable cause hearing to consider revocation of the permit.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
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WELD COUNTY GOVERNMENT
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DEPARTMENT OF PLANNING SERVICES
WELD COUNTY GOVERNMENT
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WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
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WELD COUNTY GOVERNMENT
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WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Potential Violations to ZPHO24-0005:
F: A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the
DWELLING UNIT. A CLASS II HOME OCCUPATION shall be conducted by the members of the
LIVING UNIT of the DWELLING UNIT plus no more than two (2) external employees.
B.6.a: The proposed parking location of any COMMERCIAL VEHICLE (if applicable), including
distances from the property LOT lines and other STRUCTURES on the property. Notwithstanding
any section of this Code to the contrary, a CLASS II HOME OCCUPATION may include up to two
(2) associated COMMERCIAL VEHICLES
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
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WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
COUNTY
WELD COUNTY GOVERNMENT
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WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
COUNTY
WELD COUNTY GOVERNMENT
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WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
25 at 8:31:15AM
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WELD COUNTY
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WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
WELD COUNTY GOVERNMENT
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WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
WELD COUNTY GOVERNMENT
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WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
WELD COUNTY GOVERNMENT
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WELD COUNTY
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WELD COUNTY GOVERNMENT
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WELD COUNTY
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• 5 �
Jan 8, 2025 at 4:16:23 PM
WELD COUNTY GOVERNMENT
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BOCC OPTIONS
• Dismissal (no probable cause found)
• Schedule for Show Cause hearing on March 5, 2025,
or different date.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
General Definitions
COMMERCIAL VEHICLE: Any vehicle used or previously used COMMERCIALLY, excluding those USES listed by right in the
A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors and SEMI-
TRAILERS, dump trucks, construction equipment, box trucks, tow trucks, and vehicles such as taxis and ride -sharing
vehicles used to transport passengers for a fee. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the
condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the USE is allowed through the zone district. For
the purposes of enforcement, two -axle passenger motor vehicles, as defined in C.R.S. Section 42-1-102(58), which
could be utilized in everyday personal transport, and which are used COMMERCIALLY, such as but not limited to taxis,
ride -sharing vehicles, and work pick-up trucks, may be allowed in any zone district without requirement of any permits
provided they are operated solely by residents thereof.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
CRITERIA FOR APPROVAL OR DENIAL
Per Section 23-4-990.D of the Weld County Code. (Words in CAPS are defined in 23-1-90 in the WCC.)
Approval or denial of the zoning permit for a HOME OCCUPATION shall be based on the following criteria:
1. Compatibility with surrounding area, harmony with the character of the NEIGHBORHOOD and its effects upon the
immediate area.
2. The proposal is consistent with the policies and goals of Chapter 22 of the Weld County Code [the Weld County
Comprehensive Plan].
3. Availability of adequate water and sewage disposal facilities.
4. The HOME OCCUPATION shall not create any negative impacts to the public health, safety and general welfare of
the neighboring property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic
congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the
LOT.
5. The proposal is consistent with the definition in Section 23-1-90 of the Weld County Code.
6. The proposed zoning permit complies with Division 13, Article IV, Chapter 23, of the Weld County Code [these
regulations].
7. An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All
accesses shall be in accordance with the access requirements set forth in this Code.
WELD COUNTY GOVERNMENT
www.weld.gov
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
OTHER LIMITATIONS
Per Section 23-4-990 of the Weld County Code. (Words in CAPS are defined in 23-1-90 in the WCC.)
A zoning permit for a HOME OCCUPATION shall not be transferable by the applicant and/or owner to any successor
and shall automatically expire upon conveyance or lease of the property.
A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT.
There shall only be incidental sales of stocks, supplies or products conducted on the premises.
Signage for a CLASS I HOME OCCUPATION may consist of a maximum of one (1) nonilluminated SIGN no more than
one (1) square foot in size which shall be attached to the face of the DWELLING UNIT.
A CLASS I HOME OCCUPATION shall not be accessible by the public, other than for a FAMILY CHILDCARE HOME.
HOME OCCUPATIONS shall be conducted primarily indoors. A HOME OCCUPATION may utilize up to fifty (50)
percent of the GROSS FLOOR AREA of a DWELLING UNIT and up to fifty (50) percent of the GROSS FLOOR AREA
of ACCESSORY BUILDINGS on the property.
There shall be no OUTDOOR STORAGE, display or sales of materials, goods, supplies, or equipment related to the
operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials.
WELD COUNTY GOVERNMENT
www.weld.gov
January 13, 2025 HEARING NOTICE
Abbey Vanhorn
13581 Elmore Road
Longmont, CO 80504
DEPARTMENT OF PLANNING SERVICES
1402 N. 17th Avenue, Greeley, CO 80631
mnader@weld.gov
(970) 400-3527
Certified Mail Receipt #: 7022 1670 0001 2659 4347
Case Number: PCSC25-0003
Site Address: 13581 Elmore Road, Longmont, CO 80504
Parcel Number: 1207-30-2-02-013
Regarding: Property is non -compliant with the terms of the Zoning Permit - Home Occupation Class I
Legal Description: Lot 5, Block 3 of Seemore Heights Subdivision; being a part of the NW4 of Section 30,
Township 3 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of
Colorado
Abbey Vanhorn,
Notice is hereby given that 13581 Elmore Road, Longmont, CO 80504, is not in compliance with the Zoning
Permit for a Home Occupation Class I, permit #ZPHO24-0005, approved on January 3, 2025.
Per a complaint submitted to Weld County Department of Planning Services on January 6, 2025, the site has
commercial vehicles parked on -site and employees operating on site.
A Probable Cause - Show Cause process has been setup, case no. PCSC25-0003, to respond to this
complaint.
Based on site inspections conducted by staff from the Department of Planning Services on January 10, 2025, it
was determined that the property is not in compliance with the conditions outlined in Permit ZPHO24-0005.
Specifically, the inspections revealed the presence of commercial vehicles on the premises and the active
engagement of non-resident employees in work -related activities associated with the business, including but not
limited to loading, unloading, and other general operational tasks. Specifically, the property is not in compliance
with the ZPHO24-0005 regulations per Weld County Code Section 23-4-990.F and 23-4-990. B.6.a, which state:
F: A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the
DWELLING UNIT. A CLASS II HOME OCCUPATION shall be conducted by the members of the LIVING
UNIT of the DWELLING UNIT plus no more than two (2) external employees.
B.6.a: The proposed parking location of any COMMERCIAL VEHICLE (if applicable), including distances
from the property LOT lines and other STRUCTURES on the property. Notwithstanding any section of
this Code to the contrary, a CLASS II HOME OCCUPATION may include up to two (2) associated
COMMERCIAL VEHICLES.
As stated under Section 2-4-40.B.1 of the Weld County Code: "Upon receipt of a complaint alleging violations of
the Weld County Code for which the applicable department has an obligation to enforce, the department shall
investigate to determine if evidence exists to support the allegations. If evidence exists to support the alleged
violations, the department may coordinate with the person against whom the complaint is made to correct the
violations in an expeditious manner. If the person is unwilling or unable to correct the violations within a
reasonable amount of time, a probable cause hearing shall be scheduled and notice shall be provided to the
person against whom the complaint is made."
In accordance with Section 2-4-40 of the Weld County Code, Department of Planning Services staff has
scheduled your case before the Board of County Commissioners for a Probable Cause hearing at 9:00 am on
January 29, 2025, at 1150 O Street, Greeley, CO 80631. Your attendance is strongly encouraged so you may
present your position during the hearing.
PCSC25-0003
Page 1 of 2
The purpose of the Probable Cause hearing will be to review ZPHO24-0005, for compliance with the Permit, to
determine if probable cause exists to hold a hearing on revocation of the Permit. If it is determined at the
Probable Cause hearing that there is probable cause that the property is not in compliance with ZPHO24-0005,
the Board of County Commissioners will schedule a Show Cause Hearing to consider revocation of the Permit.
Please contact me with any questions.
Regards,
Maxwell Nader, Planning Manager
File: ZPHO24-0005
PCSC25-0003
CC: David Eisenbraun, Director of Planning Services
PCSC25-0003
Page 2of2
January 3, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Avenue
Greeley, Colorado 80632
Email: mnader@weld.gov
Phone: (970) 400-3527
Abbey Vanhorn
13581 Elmore Road
Longmont, CO 80504
Subject: ZPHO24-0005 (Zoning Permit for a Class I Home Occupation (home office for flooring
business) In the R-1 (Low -Density Residential) Zone District.)
Parcel ID #: 1207-30-2-02-013
Situs Address: 13581 Elmore Road, Longmont, CO 80504
Legal: Lot 5, Block 3 of Seemore Heights Subdivision; being a part of the NW4 of Section 11,
Township 10 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State
of Colorado
Dear Ms. Vanhorn,
The Department of Planning Services has reviewed your application and related materials for compliancy with
the Weld County Code and have administratively approved Zoning Permit (ZPHO24-0005) for the use of a
Home Office for a flooring business, with no outside customers and no outside employees.
Please note the following:
DEFINITIONS
Per Section 23-1-90 of the Weld County Code. (Words in CAPS are also defined in 23-1-90 in the WCC.)
HOME OCCUPATION: A USE incidental to the principal permitted USE for gainful employment of the
FAMILY residing on the property, where the HOME OCCUPATION complies with the requirements of
Section 23-4-990. A HOME OCCUPATION shall not include the following: clinic, HOSPITAL, nursing home,
animal hospital, HOTEL/MOTEL, RESTAURANT, FUNERAL HOME, vehicle, or boat repair (including
painting) or organized classes where more than six (6) persons meet together for instruction on a regular
basis (does not include classes sponsored by a PUBLIC SCHOOL). Examples of CLASS I HOME
OCCUPATIONS include, but are not limited to, home offices (no customers), cake decoration, and internet
sales. A FAMILY CHILD CARE HOME shall also be considered a CLASS I HOME OCCUPATION.
Examples of CLASS II HOME OCCUPATIONS include, but are not limited to, hair salons, MASSAGE
PARLORS, welding shops, and tax preparation offices with customers.
INTENT
Per Section 23-4-990.A of the Weld County Code. (Words in CAPS are defined in 23-1-90 in the WCC.)
A HOME OCCUPATION Zoning Permit shall be obtained for any HOME OCCUPATION falling within the
definition of a HOME OCCUPATION operation. The Board of County Commissioners delegates the
authority and responsibility for processing and approving the zoning permit to the Department of Planning
Services. The Department of Planning Services shall also have the responsibility of ensuring that all
application submittal requirements are met prior to initiating any official action.
CRITERIA FOR APPROVAL OR DENIAL
Per Section 23-4-990.D of the Weld County Code. (Words in CAPS are defined in 23-1-90 in the WCC.)
Approval or denial of the zoning permit for a HOME OCCUPATION shall be based on the following criteria:
1. Compatibility with surrounding area, harmony with the character of the NEIGHBORHOOD
and its effects upon the immediate area.
Vanhorn I ZPHO24-0005
Page 1 of 2
2 The proposal is consistent with the policies and goals of Chapter 22 of the Weld County Code [the
Weld County Comprehensive Plan].
3 Availability of adequate water and sewage disposal facilities.
4 The HOME OCCUPATION shall not create any negative impacts to the public health, safety and
general welfare of the neighboring property owners, such as little or no offensive noise, vibration,
smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical
interference, or other hazard or nuisance noticeable off the LOT.
4 The proposal is consistent with the definition in Section 23-1-90 of the Weld County Code.
6 The proposed zoning permit complies with Division 13, Article IV, Chapter 23, of the Weld County
Code [these regulations].
7 An access is or can be made available that provides for safe ingress and egress to a PUBLIC
STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in
this Code.
OTHER LIMITATIONS
Per Section 23-4-990 of the Weld County Code. (Words in CAPS are defined in 23-1-90 in the WCC.)
A zoning permit for a HOME OCCUPATION shall not be transferable by the applicant and/or owner to any
successor and shall automatically expire upon conveyance or lease of the property.
A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the
DWELLING UNIT.
There shall only be incidental sales of stocks, supplies or products conducted on the premises.
Signage for a CLASS I HOME OCCUPATION may consist of a maximum of one (1) nonilluminated SIGN
no more than one (1) square foot in size which shall be attached to the face of the DWELLING UNIT.
A CLASS I HOME OCCUPATION shall not be accessible by the public, other than for a FAMILY
CHILDCARE HOME.
HOME OCCUPATIONS shall be conducted primarily indoors. A HOME OCCUPATION may utilize up to
fifty (50) percent of the GROSS FLOOR AREA of a DWELLING UNIT and up to fifty (50) percent of the
GROSS FLOOR AREA of ACCESSORY BUILDINGS on the property.
There shall be no OUTDOOR STORAGE, display or sales of materials, goods, supplies, or equipment
related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials.
The following must be maintained on the property:
1. 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.
2. The historical flow patterns and runoff amounts on the site will be maintained.
Please contact me if you have any questions.
Regards,
Maxwell Nader
Planning Manager
Vanhorn I ZPHO24-0005
Page 2 of 2
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Exhibit Inventory Control Sheet
Case PCSC25-0003 — Abbey Van Horn
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Exhibit Submitted By Page t Description
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Seemore Heights
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Letter of correspondence (dated 1/16/2025)
2025-0214
Case Number PCSC25-0003 January 16, 2025
Dear Scott James and other Weld County Commissioners,
I write this letter representing the opinions of myself and at least 5 of my neighbors, whom
have lived in the Seemore Heights subdivision for over 30, 40 and even 50 years.
The details and evidence that we have submitted to the Weld County planning and zoning
department has led to violations under case number PCSC25-0003.
This letter outlines our expectations of our county officials. We (the residents of Seemore
Heights) live in a R1 zoned community, which clearly states that Class 2 business operations are
not allowed. We are demanding that Weld County protect the property rights of its citizens and
enforce its zoning laws by holding violators accountable in whatever way necessary to maintain
zoning compliance.
Sincerely, Michael O'Brien
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