HomeMy WebLinkAbout20210412.tiff LETTER OF CONCERN RESPONSE FORM
DEPARTMENT: Planning Services
DEPARTMENT HEAD: Tom Parko
DATE LETTER RECEIVED: January 27, 2021
LETTER RECEIVED FROM: Randy and Kimber Wheeler, and Jeanne Rau
LETTER RECEIVED VIA: Mail
EMAIL/MAILING ADDRESS: P.O. Box 190, Nunn, Colorado 80648
** * PLEASE RESPOND WITHIN THREE DAYS. IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY "CTB
GROUP" BY EMAIL. * **
RECOMMENDED ACTION:
Please see attached letter. The Wheelers are eligible to apply for a zoning permit to occupy an RV while
constructing their home. It appears they are running into delays with the State certifying their
manufactured home and they are living in an RV park in Nunn. The Wheelers haven't applied for any
building permits and their letter implies that our policies and codes have changed, which is not true. The
Wheelers are requesting to build a "shed" to use as a shelter for the RV. Our code does not allow
accessory structures on the property without a principal use or building. Once the Wheelers have applied
for the building permit for the manufactured home I am willing to allow the Wheelers to apply for a
building permit for the shop prior to issuing a Certificate of Occupancy for the home. This will be
consistent with how we handled similar situations in the past.
METHOD OF RESPONSE:
Board Action
Work Session
✓ Letter (Attached)
Email (Attached)
Telephone Call
No Response (Explain)
Tom Parka Jr. Digitally signed by Tom Parko Jr.
Department Head Signature: Date:2021.02.03 08:11:47-07'00'
M:\CTB\LETTERS OF CONCERN\Forms\Department Head Response Fillable Form
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February 3, 2021
Randy & Kimber Wheeler and Jeanne Rau
PO Box 190
Nunn, Colorado 80648
RE: Letter submitted to the Weld County Clerk to the Board dated January 20,
2021 concerning a shop building to be located on Lot B of RECX19-0095.
Dear Randy and Kimber Wheeler and Ms. Rau,
I am in receipt of your letter addressed to the Weld County Clerk to the Board dated
January 20, 2021 expressing some concerns with a recent building permit application to
build a shop on a parcel of land associated with Recorded Exemption No. RECX19-
0095.
First off, my apologies if you received wrong information about our permits and
processes, as this has been in our code and fully enforced for the past year and a half.
We try our best to make sure all our applications are available on our department
webpage and to direct people to the correct applications. To answer your question
directly, a shop (which we consider an accessory building or structure) cannot be built
until there is a principal or primary structure located on the property. Please see the
code sections below.
Chapter 23 (Zoning Code)
Sec. 23-1-90. - Definitions.
ACCESSORY BUILDING, STRUCTURE, or USE: any BUILDING, STRUCTURE, or
USE which:
a. Is subordinate in purpose, area or intensity to the PRINCIPAL BUILDING or
USE served,
b. Is normally associated with the PRINCIPAL BUILDING or USE,
c. Contributes to the needs of the occupants, business enterprise or industrial
operation within the PRINCIPAL BUILDING or USE served, and
d. Is located on the same LOT as the PRINCIPAL BUILDING or USE.
Chapter 29 (Building Code)
Sec. 29-1-20. - Definitions.
Accessory building means a building which is subordinate to the principal building and
is located on the same lot or parcel as the principal building.
Accessory structure means a structure not greater than three thousand (3,000) square
feet in floor area, and not over two (2) stories in height, the use of which is customarily
accessory to and incidental to that of a dwelling which is located on the same lot.
Sec. 23-3-30. - Accessory uses outside of subdivisions and historic townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A
(Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC
TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed
USE.
H. STRUCTURES and BUILDINGS ACCESSORY to USES permitted
under Section 23-3-20.
I would like to draw your attention to Section 23-3-30.H listed above. Lot B of
RECX19-0095 is located in the A (Agricultural) Zone District. From what I can gather
in your letter the "shop" is to act like a temporary shelter to keep the RV out of the
elements while the home is under construction.
Unfortunately, we do not want to start making exceptions for one as we will have to do
it for all. You are eligible to apply for a "Temporary During Construction" permit to
occupy your RV. This permit will allow you to live in the RV for up to eighteen (18)
months while building your home. The permit will take about five (5) weeks to process
which should be enough time to receive approvals from the State on the manufactured
home. Once you have State approval and the CountyBuilding
have ninety (90) days from approval permit in hand, you will
Y to begin building.
I am more than happy to set up a meeting or discuss this over the phone. My contact
information is on my letterhead so please feel free to contact me.
Respectfully,
Tom Parko
Director, Weld County Department of Planning Services
LETTER OF CONCERN
PRIMARY PASS - AROUND CTB
DATE SUBMITTED FOR PASS - AROUND REVIEW : Oe / O I / Q4D )
PLEASE SEE THE ATTACHED LETTER OF CONCERN , WHICH HAS BEEN FORWARDED TO
Tom Axr IN THE WELD COUNTY DEPARTMENT 0 =
Planni Servi • ceS FOR RECOMMENDATION . ONCE THE
DEPARTMENT HEAD HAS SUBMITTED HIS / HER RECOMMENDATION FOR RESPONSE , A
SECOND PASS - AROUND . INCLUDING SAID RECOMMENDATION , WILL BE FORWARDED FOR
YOUR REVIEW AND APPROVAL .
BUCK �'��
FREEMAN
JAMES
MORENO fry: ,
SA NE
LETTER OF CONCERN
SECONDARY PASS - AROUND CTB
DATE SUBMITTED FOR PASS - AROUND REVIEW : 091031D1
PLEASE SEE THE ATTACHED RESPONSE FROM m k /1/41" 0 IN
THE WELD COUNTY DEPARTMENT OF Pktowmin %. Seerv ; ceS •
APPROVE SUBMITTED RESPONSE ? IF APPROVAL NOT GIVEN .. RECOMMENDED
COMMISSIONER YES NO AMENDED RESPONSE PLAN ?
BUCK �
FREEMAN .1
JAMES (
MORENO
SA I N E � " Th
Wheeler Property
January 20, 2021
RECEIVED
Weld County Clerk to the Board
1150 0 Street JAN 2 7 2021
PO Box 758 WELD COUNTY
Greeley, CO 80631 COMMISSIONERS
RE:Shop Building Permit
TBD WCR#114, Parcel#030122300008, Lot B, RECX 19-0095
Our contractor was at the building department on Monday the 17th to apply for our shop permit
and septic permit. They were informed of Weld County's recent change that does not allow a shop
permit to be submitted without the residential building permit being submitted at the same time.
This change in your procedures has created a significant hardship for us and was completely
unexpected.
We started our journey back in February 2020 when we learned of my husband's pending job
transfer to Fort Collins. We found the piece of land we wanted to purchase in the Colorado county
that aligned with our political beliefs and desired way of life. We started researching the process
for building on that land by researching your web site and many, many calls to folks at Weld
County to make sure that we followed the proper timelines and procedures in our quest to build
our home and shop. It was during one of these calls that we learned we could not live in our RVs
on OUR land but for a few weeks at a time. We could, however, stay in our planned shop for up to
6 months while our home was being built.
Our plans we based on this 6-month period. We purchased our land, worked with the power
company to have electric installed, obtained a well permit, planted some trees for a wind break to
our future residence, had our shop engineered and paid the deposit, and had the soils report and
foundation engineering work completed, all while working with Alpine homes to get our house
engineered to spec.
COVID has delayed many of these items from a normal progression. In particular, our home has
been delayed, sometimes over a month to get the engineered plans back from the factory after a
revision was required. We are waiting once again for engineering to get us the plans for final
signature and submission to the State for approval.
PO BOX 190,NUNN,CO 80648
T(916)813-2515&(916)718-8090
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After finding out the devastating news about your recent permit changes, we reached out to Alpine
Homes. They have informed us that even if we had signature approval of the final engineering
plans to submit for State approval, the State is taking about 5 weeks to approve!
With our shop fully designed, the company will not order materials without an approved permit.
Once the permit is approved, it takes up to 5 weeks for materials to come in. We hoped to have
the shop going up around the end of February, beginning of March.
Your new policy has derailed our progress. We planned on having the shop roof over our RVs
during the heart of winter, and now we are at the mercy of the elements until at least spring. We
are currently living in our RVs in an RV lot in Nunn. All of our plans that were based on following
the information and guidelines your department provided us before we moved here in October,
have blown up. The steps we followed as outlined by your department were apparently all for
naught because now we can't build a shop on OUR land w/o having a building permit submitted.
Please consider having a bench mark that must be met for us to submit our shop permit ahead of
our residential building permit. Perhaps if we don't have our residential permit submitted within 6
months of our shop permit approval, we have to pay a penalty? This would at least allow us some
safety in our shop from the elements while staying in our RVs. Safety for ourselves and our pets
while allowing us to continue with our home plans as COVID permits with our chosen builder. We
would be more than happy to share our current engineering progress for our home with you to
show that we truly are building a home on our property as quickly as COVID, engineering, and
production allow.
Respectfully,
Ra & Kimber Wheeler and Jeanne Rau
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CLERK TO THE BOARD
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February 1, 2021
RANDY AND KIMBER WHEELER
JEANNE RAU
P.O. BOX 190
NUNN, CO 80648
RE: LETTER OF CONCERN REGARDING A BUILDING PERMIT FOR A SHOP
(PARCEL#030122300008)
To Whom It May Concern:
Thank you for contacting the Weld County Clerk to the Board's Office in service of the Weld
County Board of Commissioners. We have received your letter of concern and are processing it.
The issue you raised is under the jurisdiction of the Weld County Department of Planning
Services. The department head, Tom Parko, is directly accountable to the Weld County Board of
Commissioners. Your letter is being forwarded to both the County Commissioners and Mr. Parko.
You can expect a response shortly. Once your letter of concern has been reviewed, the letter
itself and the Weld County response will be listed on the Weld County Board of Commissioners'
Agenda as an Item of Communications.
You can reach the Department of Planning Services at (970) 400-6100.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 400-4213.
Very truly yours,
0212, a,.
Chloe A. Rempel
Deputy Clerk to the Board Supervisor
crempel@weldgov.com
cc: Weld County Department of Planning Services
Weld County Board of Commissioners
WELD COUNTY LETTER OF CONCERN
CERTIFICATE OF MAILING
FIRST NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL
CODE
RANDY AND WHEELER P.O. BOX 190 NUNN CO 80648
KIMBER
JEANNE RAU
I hereby certify that I have sent a true and correct letter of receipt in accordance with the notification requirements of
Weld County in the United States Mail, as addressed on the attached list this 1st day of February, 2021.
Chloe A. Rempel
Deputy Clerk to the Board Supervisor
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