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HomeMy WebLinkAbout20191030.tiffRESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC18-0015, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-512 - JEFFERY CARTWRIGHT 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 11th day of March, 2019, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Jeffery Cartwright, 15880 Jackson Street, Brighton, Colorado 80602, was in compliance with certain Conditions of Approval and Development Standards contained in Use by Special Review Permit, USR-512, for storage of farm machinery and miscellaneous agricultural products, and WHEREAS, the alleged violations were said to be occurring on property described as part of Lot 14, Puritan Subdivision; being part of Section 34, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the Board heard evidence and testimony from the Department of Planning Services and determined the issues of operating a vehicle repair and retail establishment has been resolved by the property owner. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing to determine whether or not to revoke Use by Special Review Permit, USR-512, issued to Jeffery Cartwright be and hereby is, dismissed. CGC:PL.CASI- c ,APPL 120/iq 2019-1030 PL1383 PROBABLE CAUSE HEARING, PCSC18-0015, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-512 — JEFFERY CARTWRIGHT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of March, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d ) jek);ok. Weld County Clerk to the Board BY:1;616V. cf, td Deputy Cler o the Board APP y Attorney Steve Moreno Date of signature: 3-1319 Mike Freeman, Pro-Tem ara Kirkmeyer, Chair ear P. Conw ames 2019-1030 PL1383 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. To: From: Subject: Owner: Address: Legal Description: Location: Parcel Size: Zone District: REMAINDER RETAINED ELECTRONICALLY IN TYLER PROBABLE CAUSE MEMORANDUM PCSC18-0018 Weld County Board of County Commissioners Hearing Date: March 11, 2019 Angela Snyder, Department of Planning Services USR-512 Storage of farm machinery and miscellaneous agricultural vehicle repair and retail establishment Jeffery A. Cartwright 15880 Jackson Street, Brighton, CO 80602 3159 Highway 52, Erie, CO 80516 Lot 14, Puritan Subdivision, being a part of Section 34, Township 2 North, Range 68 West of the 6th P.M., County of Weld, CO North of and adjacent to Highway 52; west of and adjacent to County Road 7-2 +/- 1.03 acres Parcel Number: 1313-34-3-01-007 A (Agricultural) . OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: asnyder@co.weld.co.us Phone: (970) 400-3525 Fax: (970) 304-6498 p roducts O p erating a Pursuant to Chapter 23, Article II, Division 4, Section 23-2-270 of the Weld County Code, a Probable Cause public hearing is requested before the Board of County Commissioners. The property identified as Weld County Assessor's Parcel Number 1313-34-3-01-007, also known as 3159 Highway 52, Erie, Colorado 80516, and containing approximately 1 acre, is not in compliance with USR-512 (Use by Special Review Permit for storage of farm equipment and miscellaneous agricultural products), recorded November 16, 1982. The property is being used for a vehicle repair and retail establishment, which was not a permitted use granted with USR-512. Violation The following Weld County Code section listed under Section 23-2-280 is not being met: Sec. 23-2-280. - Changes to a Special Review Permit. A. Any approved Special Review Permit shall be limited to the items shown on the Special Review plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Special Review Permit. The property is out of compliance with Use by Special Review USR-512 Development Standard numbers one (1) and four (4). 1. This type of use shall be a storage building for farm machinery and miscellaneous agricultural products. 4. The Use by Special Review shall be limited to the plans above hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the PCSC18-0018 Memo I Cartwright Page 1 2019-1030 P � t 38'3 Angela Snyder, Planner I 1/22/2019 Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services Background Staff received an anonymous complaint on September 17, 2018 that the property is now being used for repairing and selling vehicles. The complaint was substantiated by staff on October 2, 2018. The property owner was sent a letter on October 15, 2018 which asked that the property owner request a pre - application meeting by November 15, 2018 to begin the process of permitting the new use or bring the site into compliance. The pre -application meeting request form was received November 19, 2018. A preapplication meeting was held at the Department of Planning Services on December 6, 2018 to discuss options. Vehicle repair and retail establishment is not an allowed use in an A (Agricultural) zoned subdivision, so permitting the business would require a Change of Zone and a Site Plan Review. The property owner, Mr. Cartwright, indicated that he preferred to remove the vehicle repair and retail establishment in favor of a seed processing operation that could be permitted through a Use by Special Review permit. The applicant was given until January 17, 2019 to either submit a Change of Zone application or remove the vehicle repair and retail establishment from the property. On the January 22, 2019 site visit, there was evidence of the vehicle repair and retail establishment still operating. Site visit photos are attached. To date no land use application has been received by the Department of Planning Services. Recommendation Therefore, the Department of Planning Services recommends scheduled a Probable Cause public hearing, pursuant to Chapter 23, Article II, Division 4, Section 23-2-270 of the Weld County Code: An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any Development Standards approved and adopted by the County. The Development Standards shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved Development Standards may be reason for revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standards. The Department of Planning Services requests the Board of County Commissioners to review the operation of USR-512 and Development Standards numbers one (1) and four (4). The property owner, Jeffery Cartwright, was notified of the Probable Cause hearing in letter sent January 30, 2019. If the Board determines at the public hearing that there is probable cause that Jeffery A. Cartwright is not in compliance with USR-512, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation or other action of the Use by Special Review permit. Regards, PCSC18-0018 Memo I Cartwright Page 2 Januar 14, 2019 PCSC18-0018 Memo I Cartwright Page 3 DEPARTMENT OF PLANNING SERVla3 Code Compliance Division 1555 N 17th Ave, Greeley, Co 80631 Phone: (970)353-6100, Ext. 3540 Fax: (970)304-6498 e;(;)(--- Pal ALI aa "V ZONING and/or BUILDING CODE COMPLAINT FORM El ZONING CODE COMPLAINT i CC /AN I AL CONTROL El PIJBUC WORKS/PEST & WEEDS Ci BUILDING CODE COMPLAINT HEALTH DEPARTMENT 114 Pketseetsa Pending Case # (i.e. USR, RE, SE, Ect...)_ Legal Description: thk:- VI Violation Address: Property Owners Name: cel Property Owner's Address _� ' 4rar) Tenants Name: Tenants Address: NATURE OF_'c_O' P INT. C Complaint Initiated tzi IDmen 0 Other Citizen's Name. 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BOY 421113.4501007 75501 L. 14 ,9 t1t ar dub of MIa v 7 11 F 2S42 RTEil FCru�gINuwESF.RSTFI&•R^ 14.76 swot' 'foal N f.LFtck b RECORDEk Lap CD. CO itans iSa' Lgmr512 a x2:11 J4I.nr I Jopee }Linn BTe:'1CI1iOS rot ost IT *Ftiia4 IIYL V i. lea rap. of uat etrall 1. a .rh.eaB.e buildtns for fan .aehioe>? A/ •isce1Letecut asr&�yt.,w7. pt.frr{A_ a. DistSn acaederde for Liles b7 Sporef,o1 6auitQ, Secrice 24,1 +[e: mg. of Oh* Void County Zoning Ordinance shall b. .rLtl'1. 7. Dpatadone Scoodads Bar Use* by Spacial $aviev, seetiom 21.6 at, eeq• vl the vela County Zoning Ordinance shall be eeapliad vlth. 4. the Liu hp Ipedat Instw *Y.kl1 At tlf ne t6 the TL:ne .'harm b..on acrd gvornad by Ole i411wa:.l tf slated show ae.l all .pp11r,.1Vfe wl.ld C.urq saRulactp.u, 4*1 •saitrlal derylcltat tea II'hn el.■.. onn 5e.nAartq ae ttnnat Ot ttaladl See a1sti ieelage. Lea tonne' lief on aria el the Tart he the Wit tom, ?Ipeon Lni t@.tt..ton and the Beard 04 cloak' ceefitttlectss %afore Noi.5.. ■etas&.s frees for pia, aerit'er itthletee Set Permitted. lay *Mot 'humps dot% So filet I. shy •ffLee el 41'=l Ptratfacrt of Tlaaalnt c.rrfct., S. The Pr•Perty owner indfor operator of this operation shall be reepuoaible for cce4lrina 'nth alt of the above stated Standards. Herorerrt$wee vtth an7 of toe above 544C -td 5t.mi., if may be rent, for innorseion o₹ the reansit br did heard of rr....p Q!alcsia rs. awrl rs es l ul l ei a t[71114',n MI, to w• ran Up pent ¶4' *11 CenNy flaw{rg. •4 eireisn i.. •ntirtcd aro 4ree hrteeT •e't"+•h0 to LM %earl+lt Qv,rir Corr.pr.ew..s, 44' crwrtp, Solae.in For their r..hfarmettoe, a r — 1 a... wIc iI•n L71' by bn r. _ IS IlLas mil die+ ' ieriti this p 1'nl (mellow ar *Anew 1M 3 %il,1 . Or . L..311 it: ,.,rrrrt$ orti nr':4a Chti la to t•rtter that nut %sad et ant? CbwLeaLc.tn, Weld egaMort db$tradn Arai troll conflro kl adopt this t 37 tpae L.l few end n torovoi all ftnnderds ae s1a..a e., Sr.rribrd h.. re e. tiro 5 der of : Araia,e , lie iliti AT7TSTI l I�llt5tr earn fwtroft , h wftrrrvu The •od•rahyr t aajnt pturr.T ...grCa) tlo 'achy sere. to the now b} Sp.cLa r 4.lew-e--lrpaatr Jt collards si 'I.YcrLbrd b.r.art cfl niti ay of „e,i A.D, 4sL� _ October 15, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: asnyder@co.weld.co.us Phone: (970) 400-3525 Fax: (970) 304-6498 Jeffery A. Cartwright 15880 Jackson Street Brighton, CO 80602 Case Number: PCSC18-0018 Legal Description: Lot 14, Puritan Subdivision, being a part of Section 34, Township 2 North, Range 68 West of the 6th P.M., County of Weld, CO Dear Mr. Cartwright, Notice is hereby given that the property identified as Weld County Assessor's Parcel Number 1313-34-3-01-007, also known as 3159 Highway 52, Erie, Colorado 80516, and containing approximately 1 acre, is not in compliance with USR-512 (Use by Special Review Permit for storage of farm equipment), recorded November 16, 1982, and NCU-116 (Non -Conforming Use for garage, welding shop, antique store & residence), established January 5, 1977. Staff received an anonymous complaint that the property is now being used for repairing and selling vehicles. The complaint was substantiated by Staff on August 30, 2018. The following Weld County Code sections, listed under Section 23-7-30.C and Section 23-2-280 are not met: Per the Weld County Code: Sec. 23-7-30. - Nonconforming uses of land. Where at the time of passage of this Chapter, or of passage of future amendments of this Chapter, a lawful use of land exists which would not be permitted by the regulations imposed by this Chapter or future amendment, the use may be continued so long as it remains otherwise lawful, provided that the following conditions are met: C. Abandonment. No nonconforming USE of land shall cease so long as the property and associated STRUCTURES associated with the nonconforming USE are being maintained in accordance with this Code. If any such nonconforming USE of land ceases for any reason for a period of more than six (6) months, and the property and associated STRUCTURES are not adequately maintained, the nonconforming use shall cease. Any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such LOT or parcel is located. Sec. 23-2-280. - Changes to a Special Review Permit. A. Any approved Special Review Permit shall be limited to the items shown on the Special Review plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Special Review Permit. PCSC18-0018 Staff confirmed that the Nonconforming status and Use by Special Review permitted uses of the property had ceased as of October 23, 2015. The Nonconforming Use designation has been removed from the property, as the nonconforming uses were abandoned for at least six months. Additionally, by operating a vehicle repair and retail establishment, the property is out of compliance with Use by Special Review USR-512 Development Standard numbers one (1) and four (4). 1. This type of use shall be a storage building for farm machinery and miscellaneous agricultural products. 4. The Use by Special Review shall be limited to the plans above hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. All conditions of the Use by Special Review (USR-512) permit (storage of farm equipment) must be in compliance with Section 23-2-280.A or the property owner shall submit a Pre Application Request Form (see attached) by November 15, 2018 to amend the Use by Special Review. If not, a Probable Cause public hearing, pursuant to Chapter 23, Article II, Division 4, Section 23-2-270 of the Weld County Code, will be scheduled. If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number USR-512, for compliance with the Development Standards and Conditions of Approval to determine if probable cause exists to hold a hearing on revocation of the permits. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR- 512, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. Any information you have that may help to resolve this matter will be helpful. If you have any questions regarding this letter, please feel free to contact me. If you wish to see me personally, please call to schedule an appointment. Regards, f. { Angela Snyder, CFM Planner January 30, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: asnyder@co.weld.co.us Phone: (970) 400-3525 Fax: (970) 304-6498 Jeffery A. Cartwright 15880 Jackson Street Brighton, CO 80602 Case Number: PCSC18-0018 Legal Description: Lot 14, Puritan Subdivision, being a part of Section 34, Township 2 North, Range 68 West of the 6th P.M., County of Weld, CO Dear Mr. Cartwright, Notice is hereby given the property identified as Weld County Assessor's Parcel Number 1313-34-3-01-007, also known as 3159 Highway 52, Erie, Colorado 80516, and containing approximately 1 acre, is not in compliance with USR-512 (Use by Special Review Permit for storage of farm equipment and miscellaneous agricultural products), recorded November 16, 1982. The property is being used for a vehicle repair and retail establishment, which was not a permitted use granted with USR-512. Violation The following Weld County Code section listed under Section 23-2-280 is not being met: Sec. 23-2-280. - Changes to a Special Review Permit. A. Any approved Special Review Permit shall be limited to the items shown on the Special Review plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Special Review Permit. The property is out of compliance with Use by Special Review USR-512 Development Standard numbers one (1) and four (4). 1. This type of use shall be a storage building for farm machinery and miscellaneous agricultural products. 4. The Use by Special Review shall be limited to the plans above hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services Background Staff received an anonymous complaint on September 17, 2018 that the property is now being used for repairing and selling vehicles. The complaint was substantiated by staff on October 2, 2018. The property owner was sent a letter on October 15, 2018 which asked that the property owner request a pre - application meeting by November 15, 2018 to begin the process of permitting the new use or bring the site into compliance. The pre -application meeting request form was received November 19, 2018. PCSC18-0018 Letter I Cartwright Page 1 A preapplication meeting was held at the Department of Planning Services on December 6, 2018 to discuss options. Vehicle repair and retail establishment is not an allowed use in an A (Agricultural) zoned subdivision, so permitting the business would require a Change of Zone and a Site Plan Review. The property owner, Mr. Cartwright, indicated that he preferred to remove the vehicle repair and retail establishment in favor of a seed processing operation that could be permitted through a Use by Special Review permit. The applicant was given until January 17, 2019 to either submit a Change of Zone application or remove the vehicle repair and retail establishment from the property. On the January 22, 2019 site visit, there was evidence of the vehicle repair and retail establishment still operating. Site visit photos are attached. To date no land use application has been received by the Department of Planning Services. Recommendation Therefore, the Department of Planning Services scheduled a Probable Cause public hearing, pursuant to Chapter 23, Article II, Division 4, Section 23-2-270 of the Weld County Code: An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any Development Standards approved and adopted by the County. The Development Standards shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved Development Standards may be reason for revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standards. Probable Cause Hearing A Probable Cause public hearing is scheduled for March 11, 2019 at 9:00am. The purpose of this public hearing will be to review USR-512 for compliance with the Development Standards and Conditions of Approval, as recorded November 16, 1982, specifically Development Standards #1 and #4. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR- 512, the Board of County Commissioners may schedule a Show Cause public hearing to consider possible suspension or revocation of the Use by Special Review permit. Please let me know if you have any questions. Regards, Angela Snyder, Planner CC: Tom Parko, Jr., WCPD Dawn Anderson, WCPW Lauren Light, WCDPHE Esther Gesick, WC Clerk to the Board Frank Haug, WC Attorney's Office PCSC18-0018 Letter I Cartwright Page 2 RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A POLE BARN GREATER THAN 1,000 SQUARE FEET JOHNNY L ♦ MILLER 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 Weird County, Colorado ♦ and WHEREAS, the Board of County Commissioners held a public hearing on the 28th day of July, 1982, at the hour of 2:00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Johnny L. Miller, 3159 Colorado Highway #52, Erie, Colorado 80516, for a Use by Special Review for a pole barn greater than 1r000 8 square feet, on the following described real estate, to -wit: Part of the sWAi, Section 34, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with the appli- cation requirements of Section 24.7 of the Weld County Zoning Ordinance; 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a) The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agri- cultural Zone District in that the use does not con- stitute an interference with agricultural activities, The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. No overlay districts affect the site. Operation and design standards provided adequate protection of the health, safety and welfare of the neighborhood and the County. L.14 • ( Norman Carlson Page 2 RE: USR - JOHNNY L. MILLER 4. The proposed expansion will not utilize any land which is presently used for agricultural purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review fOr a pole barn greater than 1,000 square feet on the hereinabove described tract of land be, and hereby is, granted subject to the following conditions: 1. The attached standards for use by special review be adopted. 2. The plat for the use by special review permit be placed on record by the Department of Planning Services staff prior to any building permits being issued on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of July, A.D., 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / / t r.,. J. n T. Martin, Chairman EXCUSED Chuck Carlson, Pro-Tem EXCUSED ATTEST: 4e1,4,4 County Clerk and Recorder and 'Clerk to the Board': L. // Deputy County Cl rk APPROVED AS TO FORM: County Attorney Kirby (QW. K St ne einmark DATE PRESENTED: August 4, 1982 USR-512:82:27 Johnny & Joyce Miller STANDARDS FOR USE BY SPECIAL REVIEW 1. The type of use shall be a storage building for farm machinery and miscellaneous agricultural products. 2. Design standards for Uses by Special Review, Section 24.5 et. seq. of the Weld County Zoning Ordinance shall be complied with. 3. Operations Standards for Uses by Special Review, Section 24.6 et. seq. of the Weld County Zoning Ordinance shall be complied with. 4. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services, 5. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. GO:bn 086 a■ a Pe rri t �� AL as 'Snail111idnl I..:. 1+97 1 ill: tLrraaaal.a Can 4 !t sr M■ n 0 R -512 I A In riI OBIr tea ra its aryq11 r { `! .a. W ii'! ■ ]y ha ■.�. i. it � '2 re 1 _ Ste' Ti ( A 1 I or araii SA; Ire 1 mat Apace *els. awe W'Wa. 4.* 1�* a ;rat, r11'a+F�rr■ aila a, n tar4.s Site Dili i'ir f i 1. ■Sxei M4 to air I an. ICistuaa ra rra n or i. eras rata a rra •Iafl s 1 roes rLI a4 to+smear.", ..isillisszarlal mass, idr V" r -4 in ds tq 4•aa•1 eta.. tmm'as La.aa rnya. Image *roses M.L. - game rrM a dies4a C.r F4 ar laa m. a..t Is IMA in, earl - N Om 7Lm s- rAs, L4$—. aia11 M nsu r man. S p ta. `es aora.r an. a..it Y I ._ " cs, s glee S ____ Si Ur aa. Li See I.I.04 alas" ..sa 64 rows . - 4 -!par la inaas —' irsaLL delop in. la y- 4 r• i� s efapal Ss win masse ar"44- re r..rr�, I �+ swats L 111• 11.}40 to nt Iaasia* ammo a� S SINS rh sa.afar m., i.G,yaem naafi gM lode.�as 4 a+,.e� lee was is illy■..abvl tp ISO Mn. 3144+ ai irn lass nrp I auras. Ik Erpr!�e in .yqn d Sir star r_SrI4 iIM tea■/ SS W ea Ns +.a.. k$ .Pa aarr:.tp a� aaisaaa M HisS i ie an Minia.swa e. OR isrse ant 4. inr tar et skit bast. .,L" 31,"44a77 Nil%a .y.rt..sn aS��..�±.y ea,t ar... � t sia i<a. ry�.im seesaws mogry.+i:,.. — pol s rs rose w Wlaa..aaaa - - ag 4tr 1a mat 'r�: _ ref am eras � + -r t4■aa: a 4 !i!�C.i9 LeLra 7 Spa ern a.aai T.4..aF ____tr gal 14. as a. tie; 14 lass a is et Sao ads etr ■r -r t aaaas Lira a., alas " s Sal . -rang •I e+aa Sams s ater atrslass. 4...y M Fa . yea •F+ ti -no nasF-f. °IT' flag.. Man t.sr+I&.__.t.ra ai a.+a.a earn s A On= ISM Cad OS-Pase. �-@ M ,ws A public hearing was conducted on� �JLLlJ 28 2:00 ?,M* , with the following present: JOHN MARTIN CHUCK CARLSON NORMAN CAARL S ON BILL KIRBY JUNE STEINMARK NMA CHA I RM.N PRO TEM COMMIS SIGNER COMMISSIONER SSIONER CO}IMI SSTONER Also present: ACTING CLERK TO THE BOARD, Jeannette Sears ASSISTANT COUNTY ATTORNEY, ft.. Russell Anson PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison 198 2 at The following business was transacted! I hereby certify that pursuant to a notice dated July 1.1, 1982 } duly published July 15, 1982 in the LaSalle Leader, a public hearing was held on the request of Johnny L. Miller for a Use by Special Review for a pole barn greater than 1,000 sq. feet. The Planning Commission recommended that this request be approved with conditions and standards. Mr. Johnny Miller was present and commented on his plans. No one was present in opposition to this request. Commissioner N. Carlson made a motion to approve this request the condition; and standards as recommended by the Planning Commission.,Corumissioner Kirby seconded the motion and it carried unanimously . %sin a ill ATTEST: -2-11 WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD 7 i _-. M iiI ' r8 � C- _¢ rP t de. tt ' t t puty County Cleric DC C TAPE# LHR T# 82-44 82-51 2131 . C al RNAN BOARD OF COUNTY COMMISSIONERS conseoul ivP ihz : :he lt.rlcs '.1:.s published in the req•-L /and Noire :35;08 ci a•rec9 number d Sag' newspaper di.nnq the pettod and tune at rabbi ;n`ton :l &:id r.C.lice and in the newspope: proper arid not in ' s:ipp1n-f4l' 7het l• .I.'.oa tto tits! pub;. 4";0tt got said no7 :e ontmnrect t .Slur 5.9l{lrep-NSpapt1 tev::Tri,; ;3.itw '? 1 t . / f "day ci "- C'' { y�� A l ° =Ir ! a ,'oe! pu11t• VI. rt -oeaCI;l 11 .- IbtUP cr7 *mg npwer*cper beating dale thu r .C# d•iy c. _, 19 ,er : that the sold feCal_ if fir Affidavit of Publication STATE OF COLORADO 1 County c! Well. I /((f C' ai said r: aun'y d: Weld being dui y sworn s ww to I am ?guilt**, got etI m,; Olaf, -tie same u u needy newspaper ©I 7enerol, ci: atC(LZ n and pr,c!e d und i, ub l►Shea in the t� End counry and glum: that the notice cr adver i:somtrit- a. whi_h the annexed is a true .app' .11..:S bean ph,thtishe i ^. s..:: h eetiy i i.w i {aa pe: for wean Lye irt ear "vac ,/ %ten, :w. ft L. e L Ills beset published ccr. inyausly and ur.m:errup: during 'he p zei ci 21 least fail!. TWO Coll. ser 11 stye weeks nit' prior is the first 'DSOs Iftereof ;:RcOinAnq said notice ar ©daertssiei vf' above ref ortied to and that sad newspaper was ot, the lime of each of the publicattana of scud notice duly quala.lheMd lot that purpose within the ream tnq al an r, °inutile&. An Aei Corrcernarow Legel! Howie. ;A4vnetistmuot'a and PiMicataon, and the Fen el Printers and Publishers thereat. and to Repeal an ii to and Parts of Acts in Conflict with the Pm of ihta Act ' approved April 7. 1921, and tall amendments thereat and partacu' lady as amended by an act cpprcved, March 30 1423, and an act )p.po need May 1, Mater 4 Subscrthed and sworn to before ma this .. d y► of 4,� e -e. c_,.re . , A,D., tie r 1 My CsOrralakin sap as Notary Public b mar10E i ,1tairsuetL1 f thi mmtiew Ia,w% al 1i11 SW* er Catered* ad fast Wild taunt, loci . orclitaarici, I p►rbliIC 1r%rk et* be ISd Ids tho clam, ors opt+ *e bard at County CornrnIIM#ierre of Wo$d • County CotoroC ., ,Weld CsrdIv centennial C.Msr. Ms irttim tliti4. 'Ora itP. C-044.recloi 'C.th.IImi ipocillWar,Ali p rH ernw' _ Ott+sue Rr Mnt4resisid 1n tiw u ' y Special *WOW ir* reriLkostil set ■fist:' t and enaitw be Ord. r 8 I IT Ai KNOWN than the feict and inapt ;;a.tOCIlFled ex ir+t Wild county Keane Ceirsrnii lon rev Its *It irrl tice • p 1`h e .te0 i Q iv Iis .ti.aatil Di County. M Piiii itinigli, to shim 11* r/114 itr w it: Po CaryleT, !t Ili 16 flipt., wr, �rt~eirott° tm�riet- Tie- obeat so. 0.4 aaPT6ICAt4T jesty L. irVAI SO CA D � t 10114 Matt flit'? WI,. f fl j: so Pa. ' barn wielletliiii1'QCe so. LIOAL D�y4yse iii in ' Ib 4 Pl. 't}1 lin 17714e aik $M U_ T m `nip 1 ht~ccii,, Mann it Will e+1 Mt OP R.M-a L!<t iT •- Chi Wilt *ice CO wror, cot.= ow: mart sanstur It Urt1tN. Dole Aty Paid; P 41"it P a 4U II r non d 1St Sp kika'�dlr f doe Tbvf its y J''1i t ■ 1 S'. 1St, a. M Date BEFORE THE WELD COUNTY, C0DCRADO PLANNING UOMM1 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY CO Jul 1982 APPLICATION OF ADDRESS Case No. 'BR if Johnny L. Miller 512:8Z:27i EU COJTY N I*i Ms + ? 1 r _99_i 14 JUL 8 1982 GPitikElseti COLO. 3159 Colorado E lAhway 52, Erie, Colorado 80516 Moved by Wilbur Wafal that the following resolution be introduced for passage by the Weld County Planning Commission; Be it Resolved by the Weld County Planning Commission that the application for site approval of us i j a p covering the following described property in Weld County, Colorado, to wit: Pt, of the swY, Section 34, T2N, R6SW of the 6th P.N, } Weld County, Colorado be recommended (favorably)(1406,0„NefoWe to the Board of County Commissioners for the following reasons: The Weld County Planning Commission recommends that this request be approved for the following reasons: The subtn5 t ted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance; It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.L.1 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agricultural Zone District in that the use does not constitute an interference with agricultural activities. The use is both compatible Motion seconded by Bill Diehl Vote: For Passage T • Against Passage Wilbur. Wafel el The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on „iiiiajk, and recorded in Book No. VIII _ of the proceedings of the said Planninq Commission. Dated the day of USR-512:82 27 Johnny & Joyce Miller STANDARDS FOR USE BY SPECIAL REVIEW 1. The type of use shall be a storage building for farm machinery and miscellaneous agricultural products 2. Design standards for Uses by Special Review, Section 24.5 et. seq. of the Weld County Zoning Ordinance shall be complied with. 3 operations Standards for Uses by Special Review, Section 24.6 et, seq. of the Weld County Zoning Ordinance shall be complied with. 4. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and//or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services . 5. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. GO:bn Hello