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Home My WebLink About20213359.tiffRESOLUTION RE: GRANT APPEAL OF DECISION BY DEPARTMENT OF PLANNING SERVICES TO DENY ACCESS PERMIT FOR CORRECTED RECORDED EXEMPTION, RECX18-0075 - ERICA ARNOLD 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, pursuant to Section 2-4-10 of the Weld County Code, the Board of County Commissioners considered the appeal of the decision by the Department of Planning Services to deny an Access Permit to Lot A of Corrected Recorded Exemption, RECX18-0075, applied for by the Appellant, Erica Arnold, and WHEREAS, the Board heard testimony and took evidence from Department of Planning Services staff and the Appellant's representative, and WHEREAS, upon consideration of such appeal, including review of all information submitted by the Appellant and the Department of Planning Services, the Board deems it advisable to grant the appeal of Erica Arnold, reverse the denial of the Access Permit application by the Department of Planning Services, and remand the issue back to staff with instruction to issue the applied for Access Permit with the condition that the appellant first submit a copy of the recorded document to the Department of Planning Services, signed by the owners of Lots A and B of Corrected RECX18-0075, which vacates the 30 -foot wide access and utility easement across Lot B, dedicated on the Corrected RECX18-0075 plat, recorded on December 4, 2019, at Reception #4546892. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Erica Arnold, be, and hereby is, granted, and the decision of the Department of Planning Services to deny the applied for Access Permit to Lot A of Corrected Recorded Exemption, RECX18-0075, be, and hereby is, reversed and remanded back to staff with instruction to issue the applied for Access Permit with the condition that the appellant first submit a copy of the recorded document to the Department of Planning Services, signed by the owners of Lots A and B of Corrected RECX18-0075, which vacates the 30 -foot wide access and utility easement across Lot B, dedicated on the Corrected RECX18-0075 plat, recorded on December 4, 2019, at Reception #4546892. cc'.PI (rP brt), cA(6c), APPL. ►x./22./2 I 2021-3359 RECX18-0075 GRANT APPEAL OF DECISION BY DEPARTMENT OF PLANNING SERVICES TO DENY ACCESS PERMIT FOR CORRECTED RECORDED EXEMPTION, RECX18-0075 - ERICA ARNOLD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:tA) Weld County Clerk to the Board Stev= Morena, Chair Sc � es, Pro - BY: AP ount ttorney Lori Sal Date of signature: 2021-3359 RECX18-0075 MEMORANDUM TO: Board of County Commissioners DATE: December 8, 2021 FROM: Dawn Anderson, Planning Services SUBJECT: Appeal of Access Permit Denial for Erica Arnold Weld County Planning Services Department (Planning) received an access permit application from Erica Arnold on November 18, 2021. The permit application was in response to a stop work order issued on November 10, 2021 by the Department of Public Works, with support from Planning. The stop work order was to halt construction of an access without the proper access and/or right-of-way use permits. Upon receipt of the application, it was communicated that based on prior history and decisions from the Board of County Commissioners (BOCC), in two prior hearings, that this request would also need to go in front of the BOCC for consideration. The submitted application requested one (1) agricultural access point onto WCR 388 for Lot A of recorded Exemption (RE), RECX18-0075. Lot A was part of a two -lot recorded exemption (RE), RECX18-0075, approved by BOCC Resolution. Below is a summary of the prior case history: Weld County Planning staff had initially recommended denial of the RE based on non-compliance with Section 24-8-40.P of the Weld County Code. Because staff denied the RE the project was presented to the BOCC for consideration on August 6, 2018. Ultimately, the BOCC approved the RE with a condition that the two lots/properties share an access point. As shown in Exhibit A, Resolution Condition 2.6 as determined by the BOCC states: A 30 -foot wide joint access and utility easement extending across Lots A and B from County Road 388, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all- weather access. This resolution language was consistent with other sections of the Weld County Code as follows: 12-5-30.A, Access to a Single Parcel. Each parcel shall be allowed one access point for safe ingress and egress, which may be an existing or new shared access. Each parcel shall be limited to this single access, except as modified by the Board of County Commissioners; as a result of zoning requirements; consideration in land use applications; safety considerations; subdivision regulations; or the inability to meet minimum requirements as outlined in the Weld County Engineering and Construction Criteria document shown in Appendix 12-A. 24-8-40.C, Exemption Standards. An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. 1. Where the access is adjacent to a state highway, the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining a new Access Permit from the Colorado Department of Transportation. 2. Contiguous lots created through the exemption process shall, when practicable, share access. 3. Existing or future public rights -of -way and additional access points on County raods shall be dedicated or reserved in conformance with Chapter 22 of this Code and any adopted intergovernmental agreements or master plans of affected municipalities. 4. A new access with a choice as to which County road it feeds onto shall choose the County road with the lowest traffic count. At the August 6th board hearing, the County Commissioners asked the owner if she understood and could agree to a shared access point and she agreed. The BOCC did not require a specific location as long as there was one safe access point that would be shared for both lots. Later that month (August, 2018) staff received an access permit application from AGPROfessionals on behalf of Erica Arnold. The permit application requested two residential access points on WCR 388 as part of a two -lot recorded exemption (RE), RECX18-0075. Staff denied this request based on the original resolution and determination of the BOCC fora shared access point for both lots of the RE. AgPro appealed to the BOCC and during the hearing it was presented that Lot A had an existing agricultural access point. Based on this information and the BOCC's position to not close historical, existing ag accesses AgPro withdrew the appeal request. A few weeks after this hearing it was determined that the surveyor had made an error and the existing ag access was on the neighboring property to Ms. Arnold. That landowner locked the gate to prevent access through their parcel. Ms. Arnold contacted the County with this news and was told that her legal access was through the easement on Lot B. It was at that time when Ms. Arnold disclosed that during the sale of Lot B, and prior to knowing about the survey error, she agreed to an arrangement giving up rights to use the access easement to access her property essentially land locking it. No other communication or requests were made until the current submittal being discussed today. Planning Staff recommends denial of the access application based on the original resolution and decision of the BOCC for a shared access point. The requested access does not meet current Weld County Code for spacing criteria but does not have any safety concerns with sight distance. If the BOCC does choose to approve the application and provide an access to Lot A, staff recommends that it be conditioned on updating the plat map to document approved conditions. WCR 388 is a collector road with 80' of right-of-way as identified on the County's functional classification map. The ADT is 389 with 22% of the vehicles per day being trucks. I'm available to answer any questions you may have. WELD COUNTY ONLINE MAPPING Map Title RE -2208 LOT B RECX11-0033 LOT B RLCX 11-003 3 1174 RE -4506 LOT B RE -2642 LOT B RE -26 LOT Al RE -220f LOT A RECX 18-0021 LOT B RE -3 495 LOT B RECX 18-0075 LOTS RE -3738 RECX1B-0 75CORREL.TED LOTA LOT RECX18-OO21 LOTA 44 RE -2806 LOT B RE -360 OTn RE RESOLUTION APPROVAL OF RECORDED EXEMPTION, RECX18-0075 - ERICA ARNOLD WHEREAS, the Board of County Commissioners of Colorado statute and the Weld County Home Rule Char ,administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption, RE —Arnold, 26746 County Road 388, Kersey, Colorado 80644, on the following descnbed real estate, to -wit Lot B of Recorded Exemption, RE -37 of the SE1/4 of Section 9, Township 5 64 West of the 6th P M , Weld County being more particularly descnbed in the plat which shall be I as Exhibit "A," said plat to be recorded, and A. The plat shall be titled: Recorded Exemption -No. 0963-09-4, RECX18- 0075. B A 30 -foot wide joint access and utility easement extending across tots A and B from County Road 388, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all-weather access. Show and label the preliminarily approved access points and the usage types. County Road 388 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 verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified, it shall be dedicated. The applicant shall also delineate the physical location of the roadway This road is maintained by Weld County. r ^` VEt6AJ.e Ifa I *sili I.11 CoLdN1? Property Map - Access c Arricoa - 2 Lot Recorded Exemption RECX 1 B-+ 7S LIU-4 MILS_ I W_WWM .1ra s 9 Sfr St dre7..3fitais Wail pasty CoIz* o Lot it iiiCXi S-4007$ In Ill )1.'4. 4n1 "'= c y. Cal A CiPZ1 IS -0074 I Mn ' ' h ■ .aor ran u : r% ft A ban stIVMeeitt p op it ■-r rye imam ar 'ohs 11#S t+LaF rat ram I W*1 +R'1 f-"-iang nri ants a to rep rnr" Cie ray rrr i t it:Set t7irW al. ACM II) R USW POPI W0R3A7Cila w a Leg a nd Patsies Dfrnicrtivav ci cool r,' S.aatala r p 1. ■zMsiPng rasld.inttei scc. ass lac at an 4SOS 4,04Cr *l east o1Wen 53•. 2. Existing rictsi i ra$ acesfaam located an 3418 4.,8403r *)- east of WCfi 53. **qMIst l* perrn 1 * tot use as won n Ms'current sr�rilouitturai woe. ttte Notes VI Existing access %Access point shown to be on neighbors' property per survey. 1 B LIME; EcF:il TI..N No_ }nG;i— —1 1 E F'EA'T s 1' T (7 7lff S 1 1 r t TI :i u, TIJ" T mi o11n. 1•;ANA tt l 'rT. : E' THB 'Ili 1 =i.. -HLI a► LC1i_ cC _u - I Ir [T C1 - t 1 1.:L I I -r tT C- -Tt C TV • In l I - E 01 CU.L - - uc -It - It. W U t I' c 1 1 - Ut LT PI L -(Z I I T. r ►- II IT' di rTl H i I1 fH a G -C FL T1 I CCC H Tr TIE I E- CFtT ICx--r p E C!'Cf C t C C -I P NN 80.00 FEQAA FLOOD PLAIN BOUNDARY-- - FI, n1r.M PANEL 4 OR' f .KT -15/5E Trail T ri r=n7-JIL - I IF t 60.00 EXITING • 1 L - IT - C t -I r e -I - I r) 1- T HCT TH - c rT- GL-1 L TT:- C I Ttf c -ALIT- It- Err I - C I l u 1 tile 1t- T C• I 1i - ftt -LL It t- I C r f ACCESt r ■ n MT rac co F E E TEL- H tHt 14 -CF E ET - III"' _a LILT Al n I =u '' PH ..-E F'i'g! T1 Car. : I. n43nnet: m-[ [ lit Fri rI H - i 1(1 01 FL TLRE ROW 'n. ' E - TIUT I' Ezi' E .ET F THE E .EFAT . FL"T.AAND B --11-7-------- It "tit , T - . ;T- 2 =3 '*t - 1 Lr { a ILL y W- I -.Tilsit raft', -,TI -- 1.11 L f t - 'I f - T T _WV II S f LI Lief 1.�► 174 c'.11� - € Cr el'c E 1 41St_ ' IL,' I _ rl IJ 1 - N [ � � Z 1 � LI 1 1 nit " { 1111 4r.l �FQ -y--at - `I MIL T 1 Fl { -‘ K It 1 ■ It., C- 4 I 1- CT'Cr1 C; c u7t,,�1?C 17' -tl as - L▪ I. -IK- �-{ 1 -1 II- Z - 1 CT [WSJ ar =- I Q { rh sr a -a l - EMT rn - II I - I 1a C I T P -. ► 1111{ HI- II I i ' r1■19.-I L f' 7 1i TL [ - � ' U if t - C-/ r- A - .'i c c - u i1 1 i Yr e 1 t.' 41-c IVY .. a.....tc.��r. ctwi I lr1l�.L`Lra OPT-. � [}."nI%. r 17- I T. _L'_' 1 J ni71n Lc t�IP11!7S �.S's!"/Cr a[ r� C U C i ac L Jt _' c 1Tl L 1 [rl.4."1 1 _ -`14-a T noun II- ■ 11 { W r . cc r. c . f- Friar tit C WI , T i I Jai ElL t ,{ r ,a H 4 L_ 1 i�I*Ls r- i r T nt Dim %nun v. Tom° aura Roza tit mE'q. s131 rap. . Ell T H TH - E ET TH -1E i Approx. location of proposed AG access point Access point shown to be on neighbors' property per survey. t UESTIONS S T I O N S I I Y, t Hardship Letter To Whom It May Concern, 11/18/2021 I went before the BOCC in Summer of 2018. At this time Lot A of my parcel had an existing Ag access directly off of CR 388, that myself and the landowner before me utilized the past 20 years. At this hearing the BOCC granted me an easement entering through the neighboring property of Lot B, in which there is a 30 foot undriveable terrain in order to access Lot A. At this time, I had an existing Ag access that I have been using since purchasing the parcel and confirmed by the surveying company, Hammer Land Surveying Inc, so the easement had no use to me and I gave it up knowing that I would not use it. Due to financial hardship, I sold lot B in Sept/Oct 2018. Fall of 2018, Hammer Land Surveying Inc contacted me and informed due to negligence, the survey that was done for the Recorded Exemption was incorrect, and the Ag access we are utilizing to access the property (Lot A) actually falls within the neighboring property (to the east). Hammer Land Surveying Inc contacted the neighbor to the East and within weeks the neighbor ripped out my 10 foot gate and refertced his boundary line to include the existing Ag access we were utilizing to get in and out of the property, even though they currently had an existing access point. Now the neighbor to the East has 2 access points, leaving no access point for our property, Lot A. Due to the negligence Hammer Land Surveying Inc voluntary permanent relinquishment of professional land surveyor by the State of Colorado (Dora Case Nos 2019-7566 and 202-6856), effective Feb 16, 2021, but I'm still without an access point into Lot A. Since we have no way of accessing Lot A, it is causing financial debt, I have no way to unitize the property and therefore it is not being maintained. The brush is high and there's no way of driving or walking on the property. The week of October 26 I rented a bobcat to clear the brush and put some dirt in the ditch so an individual or a vehicle can access the property. On Nov 10, I received a Stop Work order from Weld County, in which they requested 1 apply for a permit. I can not apply for a permit since I originally went before the BOCC. I am currently land locked and unable to maintain my property. I appreciate you taking the time to hear my story and work with me in finding a solution that doesn't negatively affect the neighbors. Sincerely, Erica Arnold dift/litd DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I We Cb(l L ��l iv U %ive ermissionto ( ),g p f (Owner — please print) (Authorized Agent/Applic nt—please print) to apply for any Planning, Building, Access or OWTS permits on our behalf, for the property located at (address or parcel number) below: Oc11,P2 0 D 003 Legal Description: of Section , Township 05 N, Range V1 Subdivision Name: Lot Block Property Owners Information: Address: Phone: C1101 27 V9 V5& 1 E-mail: c' f .S G L i 0 al4. ( Co�Y1 Authorized Agent/Applicant Contact Information: elA.rc oo& ,.D 6 1631 Address: Phone: e1-16 - - 1257) - E -Mail: Ur7A ut rr;p (. Ictec( ,C of Correspondence to be sent to: Owner Authorized Agent/Applicant by: Mail Email Additional Info: (cb1L4 '\ Owner Signature: (,it,/L\ Date: Owner Signature: Date: Erica Arnold's Ag Access Gate (right off CR 388) - North View from Gate Erica Arnold's Original Ag Access Gate (right off CR 388) — Access Permit at Red Circle Erica Arnold's Original Ag Access Gate (right off CR 388) - South View from Gate Fall 2O18 after Hammer Land Surveying corrected survey - East Neighbor ripped out my 10 ft gate and Refence Boundaries (right off CR 388). Now I have no way of access point to my Lot A. Neighbor's Enclosed Fence Shown where the Ag Access Point is. 1-.,R.t� -. , t ._ fin, �.i' ., '' • ti .N R ' .r Ji • f1 -.1",4.1 r • ic•i71 1 t./?rtSHit F / 1:.i- ♦Nr Neighbor's Fence Boundaries (right off CR 388) — No Gate Access or Utilization. Red Paint Markers is Location of Ag Access Point, with enclosed fence behind. I, •r r as? "< I 'w Ti.'v:C-" i__ia ,is,ti••-•�:��i'+�:=r\.. ."�ti-1T a ..hw� . �. �'C :. .11:e:, .. _. cc . • ^.4.y .Z PI 7a4c.cit7Ct ,r-414•9.‘ • 4, Easement was issued (before knowledge of improper Ag Access location), and is located on the other Neighbor's (West) property, directly in front of playing area for children and animals. There is a ditch located between Lot A and Lot B intersecting with 30' Easement. Tic 80.00 60.00 --1 L5 EXISTING ACCE N -L000 PLAIN BOUNOARY- RAtia. N 084230-1575E CV 96 c sSo, t 4oe o r £947 c �'FQ se% off. 4p oFpFc �� 4b O,y 'V&44 � � cy oar "'VS. ticAijet, \SeS0' Or FUTURE ROW \S94 S ••e,4 SAS 33' ACCESS AND UTILITY EASEMENT FOR THE BENErITS OF LOT A AND B LOT B 20.82 ACRES GROSS 9.77 ACRES NET r� 04)0 4/4/74'; 3 4709ja�c S 61'22'02" E. 182.19' LOT A 6.07 ACRES GROSS 5.90 ACRES NET 01N T OF BEGIN! N • i- . .'- `- '41 •\ N. Current Condition of Lot A, Unable to Access or Maintain, Existing Covert Need Filling Created a path to be able to access property when I Received Stop Work order and Weld County Request I apply for Access Permit._ Weld County Dept. of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Phone: (970)400-6100 Fax: (970)304-6498 Property Owner Name Evicict 4rnoEo 1 Company Address (10 P)uX #✓�� City Phone E-mail f e� S'( State yfL Zip q3(pc1 -wsc t(SotACIC)91-yuttleovin Information The access is on CR Nearest intersection: CR 3bb &CR 53 ACCESS PERMIT APPLICATION FORM Authorized Agent/Applicant (if different from Owner) Name Company Address City State Zip Phone E-mail Proposed Access Information Culvert size & type (15" CMP/RCP min.) Materials used to construct access non. n et.ci e Distance from intersection: ft. Access construction schedule Parcel number: via (p bo1V0000? Section/Township/Range: Oct 05 ti9LFr Total number of existing accesses to parcel: Total number of proposed accesses: 4 Latitude Longitude Planning/building case number Description of Work ' 1 \ t, SIR Approx. width of access Proposed Access Count Residential Commercial Oil and Gas Agricultural Temporary to f te Existing Access Count ll lTh Residential Commercial Oil and Gas Agricultural i1 4 Required Attached Documents Property map or sketch (template available on pg. 2) indicating all proposed and existing accesses Access Pictures (N, S, E, & W at the location where the access meets a county maintained road) Access Authorization Form (Not required if the application is signed by the property owner) Additional application materials may be required by the Department of Planning Services. Fee schedule $150 - Temporary & Residential $300 - Industrial & Commercial Submit application to accesspermits@weldgov.com By accepting this permit, the undersigned Property Owner/Authorized Agent, under penalty of perjury, verifies they have received all pages of the permit application; they have read and understand all the permit regt;irem . and provisions set forth on all pages. By virtue of their signature the Property Owner/Authorized Agent is bound by and s grees to comply with all said per t requirements and provisions, all Weld County ordinances, and state law regarding access construction. Signature lM Printed Name Er teit Af itit Signature Printed Name Date (In case of multiple Property Owne-s/Authorized Agents) Accesses must be constructed within 1 year of issuance. An extension can be requested from the Weld County Department of Planning Services. Accesses must be in accordance to Chapter 8, Article XIV and Appendix 8-B of County Code Page 1 of 2 Parcel Sketch Al= Existing Access 8= Proposed Access n 1' I til N CR 3?fo A Page 2 of 2 • `vt -. - j . as -•.4.,1/44•••••••••••,..... ••• • • Tim•.` •. • -• • r y ♦� - r•- ,• • . .-A '1_ • •`' ..� �.-^. �• �•— -_• 1.6. •r- r. I • • • ` • • • ; •.•-, jet � '_ • � . - •s/t � _ -. • •� i. 1 • :. • ti • 1 .. • • . 1'.• . • • • ems•( .ti �. - • • i• 6.44: . i = • s• • ,• _ • • i - 7 r' • .�••- � 1 J I • ` ! • , • it 1 ( , r 't" ' •' -, -'• '• i ' •`�•r • `` -- •� • . l • • t' - �: y_ �.j7 -7 _ •. - f r ` • •-r s: ♦ r. / l i ` I ♦ •• • - i - •r • w •• �.. • - ' •r•_ I . •• Ire •'�f�. • . /••:.,rr- �' •� • J• )f • . • • . . • • � •• r '•i • ♦ • /..•� l'.. t • :;}' It .. • .�► y •:�♦T;'& . 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'; ..i • �- •. .. ^` ... .. -•- • w t••11 •',L.- . .x. • I, C • r • t • • • 'r - • t. • • . _ ♦ f - _ - - • .. It I. • . ' ... • • \ 'x\ • •••' • '• �• • -• •.. •9' • • . •••• • r -'ti' • t `• , tea.. a ••♦ -!i, eP •. •$? ta .s. -. - •• • t_ .• ...s ter-edegrativ' • ;' • Olt t • +• } i •I �' •'` I. • • I y • • a go • `. so � " •S - • •" I `. i . �_!_t•/: ' •:- •or _k 1_K• .-.1:".. „tom.••{,, r t • _ r • - am•. 2 <.i. , • • Ns •I•• •" • '�•, • • . `- - .•,j ' .. Esther Gesick From: Sent: To: Subject: Attachments: Erica Arnold <efsowell@gmail.com> Monday, December 6, 2021 8:41 AM Esther Gesick Re: FW: Notice to STOP WORK for Lot A in Kersey Scan0053.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Esther, Thank you for sending all the info! Please see attached authorized agent form. Will I receive the notes from what Public Works is proposing before the meeting on Weds? Thank you, Erica On Fri, Dec 3, 2021 at 4:00 PM Esther Gesick <egesick@weldgov.com>wrote: Hello Erica, Per our phone conversation yesterday, attached is a copy of the Board's action taken on September 17, 2018, as well a copy of the audio file of the meeting Minutes, which is available for download via the ShareFile link below: https://weldcounty.sha refile.com/d-s12391a07b57340cebbda2a26b3250d56 Once you download the document and save it to your files, open with Adobe and click on the green arrow bookmark. If a yellow notification bar opens at the top of your screen, click on the Options button and select `Trust this document one time only' and then click the green arrow bookmark again and the media wave file audio should begin to play. When we spoke, you indicated you had someone available to represent you on December 8, 2021, at 9:00 a.m., so I am going to go ahead and schedule the matter for that date and send you a calendar appointment. Please complete the attached Authorization Form and submit it, along with any other documentation you wish to present to the Board. By copy on this message, I am also including Dawn Anderson to provide her a status update concerning your appeal. Please let me know if you need anything further. 1 Have a nice weekend, Esther E. Gesick Clerk to the Board 1150 OStreet /P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 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. From: Erica Arnold <efsowell@gmail.com> Sent: Friday, December 3, 2021 8:29 AM To: Esther Gesick <egesick@weldgov.com> Subject: Re: FW: Notice to STOP WORK for Lot A in Kersey Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Esther, Would you mind sending the meeting video from the 2018 BOCC meeting so I can review for the Dec 8th meeting? Thank you, Erica Arnold On Mon, Nov 29, 2021 at 1:22 PM Esther Gesick <egesick@weldgov.com>wrote: 2 Hello Erica, I received your email below requesting an appeal of Staff's decision to deny your Access Permit application. In reviewing the upcoming Commissioner meeting availability, we can schedule your hearing on either December 8th (Commissioner Freeman will be absent), or December 13th (this would require your waiver of allowing for two additional days beyond the 15 -day scheduling requirement). As explained by Ms. Anderson below, if you cannot personally attend the hearing in front of the Board of County Commissioners, you can have someone speak on your behalf, but you would need to submit a signed Authorization Form (See attachment). Please let me know your hearing date preference. Sincere Regards, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 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 End destroy the communication. Any disclosure, copying, distribution or tie taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dawn Anderson <dranderson@weldgov.com> Sent: Monday, November 29, 2021 9:33 AM To: Esther Gesick <egesick@weldgov.com> Subject: Fwd: Notice to STOP WORK for Lot A in Kersey Sent from my iPhone Begin forwarded message: From: Erica Arnold <efsowell@gmail.com> Date: November 29, 2021 at 8:43:13 AM MST 3 To: Dawn Anderson <dranderson@weldgov.com> Cc: Michael Hall <mhall@weldgov.com>, Tiffnee Lamb <tklamb@weldgov.com>, "Tom Parko Jr." <tpa rko @we ldgov.com> Subject: Re: Notice to STOP WORK for Lot A in Kersey Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recogniz( sender and know the content is safe. Hi Dawn, I would like to appeal. I spoke to the Clerk to the Board, and they informed me I would need to start the appeal process through Public Works. How do I begin the process? Thank you, Erica On Wed, Nov 24, 2021 at 12:37 PM Dawn Anderson <dranderson@weldgov.com>wrote: Erica, Thank you for submitting an access variance to the Weld County Department of Planning Services. Unfortunately, the variance request has been denied. You have the option of appealing this decision and forwarding your case to the Board of County Commissioners. The Board of County Commissioners shall act as a board of appeals to hear complaints on actions taken by County boards, commissions and departments. Any person appealing an action by the county shall file a complaint in writing with the Clerk to the Board within 60 days of the denial notice. For more information on how to start the appeal process please go to Sec. 2-4-10 in our Weld County Code: https://library.municode.com/co/weld county/codes/charter and county code?nodeld=C H2AD ARTIVHE S2-4-1OAPPR As we discussed on the phone, if you cannot attend the hearing in front of the Board of County Commissioners you can have someone speak on your behalf but you would need to submit a signed authorized agent form to me. Please let me know if you have any additional question regarding this. Thank you again for your time & submittal. Have a wonderful Thanksgiving holiday. Dawn R. Anderson Development Review Manager Weld County Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Email: dranderson@weldgov.com Office: (970) 400- 3736 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. From: Erica Arnold <efsowell@gmail.com> Sent: Thursday, November 18, 2021 9:27 AM To: Dawn Anderson <dranderson@weldgov.com> Subject: Fwd: Notice to STOP WORK for Lot A in Kersey Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recogni: sender and know the content is safe. Hi Dawn, Attached is the application, hardship letter, and photos to document the past 3 years. Appreciate all your help on this case! - Erica Forwarded message From: Amy Mutchie <amutchie@weldgov.com> Date: Wed, Nov 10, 2021 at 12:39 PM Subject: Notice to STOP WORK To: efsowell@gmail.com <efsowell@gmail.com> Cc: Dawn Anderson <dranderson@weldgov.com> Ms. Arnold, The purpose of this correspondence is to provide notification of a STOP WORK order placed on location for Parcel# 096309400003 effective immediately. A recent inspection noted the beginning construction of an access and work within the County Right of way on the South side of CR 388. There are currently no Permits on file for the approval of an Access or for use of the County Right of way for this location. Per the posted notice, a permit shall be applied for in order to bring this into compliance. Contact the department listed below: Department of Planning Services Access Permits Division Dawn Anderson 6 dranderson@weldgov.com 970-400-3736 2iiankyou, Amy JKutchie Permitting Coordinator Weld County Public Works (970) 400-3764 amutchi @weldgov.com 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. Erica Arnold efsowell@gmail.com 972-369-6509 (m b) Erica Arnold efsowell@gmail.com 972-369-6509 (mb) Erica Arnold efsowell@gmail.com 972-369-6509 (mb) Erica Arnold efsowell@gmail.com 972-369-6509 (mb) 8 Esther Gesick Subject: Location: Start: End: Recurrence: Meeting Status: Organizer: Required Attendees: Appeal Hearing re: Decision to Deny Access Permit - Erica Arnold BOCC Asssembly Room Wed 12/8/2021 9:00 AM Wed 12/8/2021 10:00 AM (none) Meeting organizer Esther Gesick CTB; Dawn Anderson; Tom Parko Jr.; Amy Mutchie; Tiffnee Lamb; Michael Hall; Karla Ford; Erica Arnold da, sukyviattzt /A./, vo Ms. IrnoU Hello