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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
USR19-0031
Christopher and Debra Carpenter, 15647 Caroline Avenue Fort Lupton, CO 80621
Hearing Date: July 2, 2019
A Site Specific Development Plan and Use by Special Review Permit for accessory
buildings with gross floor area larger than four percent (4%) of the total lot area, as
detailed in Section 23-3-30, per building on lots in an approved or recorded subdivision
plat or lots part of a map or plan field prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
Lot 6, Block 22 of Aristocrat Ranchettes 1st Filing; being a part of the NW4 of Section
27, T2N, R66W of the 6th P.M., Weld County, CO
North of and adjacent to Caroline Avenue; approximately 230 feet east of Henry Street
Size of Parcel: 1 acre Parcel No. 1309-27-1-14-010
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Zoning Compliance, referral dated April 10, 2019
Y Weld County Department of Public Works, referral dated May 2, 2019
Y Weld County Department of Public Health and Environment, referral dated April 22, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County School District RE -8, referral dated April 16, 2019
Fort Lupton Fire Protection District, referral dated April 10, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V
City of Fort Lupton
Weld County Sherriff's Office
Platte Valley Conservation District
Aristocrat Ranchettes Water District
Weld County Department of Building Inspection
USR19-0031 - Christopher and Debra Carpenter
Page 1 of 8
Planner:
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Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Maxwell Nader
USR19-0031
Christopher and Debra Carpenter, 15647 Caroline Avenue Fort Lupton, CO 80621
Hearing Date: July 2, 2019
A Site Specific Development Plan and Use by Special Review Permit for accessory
buildings with gross floor area larger than four percent (4%) of the total lot area, as
detailed in Section 23-3-30, per building on lots in an approved or recorded subdivision
plat or lots part of a map or plan field prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
Lot 6, Block 22 of Aristocrat Ranchettes 1st Filing; being a part of the NW4 of Section
27, T2N, R66W of the 6th P.M., Weld County, CO
North of and adjacent to Caroline Avenue; approximately 230 feet east of Henry Street
1 acre Parcel No. 1309-27-1-14-010
The applicants bought the property in March of 2018. In total the property has ten (10) structures including
the existing residence. The lot is located in Aristocrat Ranchettes 1s' Filing which is zoned A (Agricultural)
which allows for a maximum accessory building square footage of 4% of the total lot area. The lot is
approximately one (1) acre or approximately 43,560 square feet and the combined accessory structure size
is restricted to 1,742 square feet. This size restriction may be exceeded if the applicant is approved for a
Use by Special Review permit per Section 23-3-40.Q of the Weld County Code.
The existing nine (9) accesory structures. including a workshop, lean-to, four (4) ag-exempt loafing sheds,
three (3) carports total in approximately 4,559 SF of additional lot coverage. This USR will permit all existing
accessory structures on -site which exceed the 4% requirement. As stated, the 4% requirement currently
allows 1,742 sf and the existing accessory structures total 4,559 SF and the existing accessory structures
total 4,220 SF. The 4% requirement is exceeded by approximately 2,817 SF. According to the application
material all of these buildings are being used for personal storage. This property is not being used for
business or commercial purposes.
This site currently has an active zoning violation (ZCV19-00044) which was initiated due to the presence
of several structures exceeding the 4% of the total lot area without first completing the necessary Weld
County Zoning Permits. This case has not been forwarded to the County Attorney's Office.
If this application is approved by the Board of County Commissioners, it will correct the outstanding violation
and the building permit may be released. If this application is denied, the Department of Planning Services
asks that the Board refer this case to the County Attorney's Office for legal action, but to delay legal action
for thirty (30) days to reduce the amount of structures to fall within the 4% rule.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
USR19-0031 - Christopher and Debra Carpenter
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2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.D.- A.Goal 4. States, "Promote a quality environment which is free of
derelict vehicles, refuse, litter and other unsightly materials."
The application materials explain that the purpose of the structures is to store personal
items from the weather and from public view. The overall goal is to keep it a clean and
orderly property. The application materials also state the plan to replace the existing chain
link fence with metal fencing to help screen the structures.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. --Intent, of the Weld County Code states, "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater impact than Uses
Allowed by Right."
Section 23-3-40.Q. -- Uses by special review, of the Weld County Code allows, "Accessory
buildings with gross floor area larger than four percent (4%) of the total lot area, as detailed
in Section 23-3-30, per building on lots in an approved or recorded subdivision plat or lots
part of a map or plan field prior to adoption of any regulations controlling subdivisions."
Based on the above Code section the applicant is eligible to apply for a Use by Special
Review to permit the numerous structures.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent lands consist of one (1) acre residential lots, all platted within Aristocrat
Ranchettes 1s' Filing, with the exception of the southern lots that are platted within
Aristocrat Ranchettes 2nd Filing. There are eight (8) lots located in Block 22 of the
subdivision. All adjacent lots contain residences and the subject property including the
subject structures is compatible with the surrounding properties.
The Weld County Department of Planning Services sent notice to thirty-two (32)
surrounding property owners within 500 feet of the proposed USR boundary. No responses
were received back and three (3) notices came back as "unable to deliver". The applicants
held a community meeting in regard to their violation. Four (4) surrounding property owners
attended the meeting. The meeting resulted in no complaints or opposition of the USR.
There are a number of Use By Special Review permits within one (1) mile of this site. There
are seventeen (17) USR Permits within the Aristocrat Ranchettes 1st and 2nd Filings.
There are six (6) for kennels, two (2) for accessory buildings, two (2) for home businesses,
two (2) for public utility, one (1) for an oil and gas support service and one (1) for an auction
site. Additionally, USR18-0101, located northwest of the subject property was approved by
the BOCC on March 131h, 2019 for structures exceeding the 4% rule.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
USR19-0031 - Christopher and Debra Carpenter
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This site is located within the three (3) mile referral area of the City of Fort Lupton. Fort
Lupton did not return a referral.
The site is located within the Fort Lupton Coordinated Planning Agreement (CPA) area. As
part of the pre -application process, Fort Lupton submitted signed Notice of Inquiry form,
which stated that they did not have annexation interest. The site is not located in a Regional
Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the A -P (Airport) Overlay District, Geologic Hazard Overlay
District, a Special Flood Hazard Area or MS4 area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The site contains soils designated as "Other per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The subject site is not used for agricultural
purposes and will not further remove any active farm ground from production. The USR is
located in a developed residential subdivision.
G. Section 23-2-220.A.7 —There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0031. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. Show and label the location of all existing buildings. (Department of Planning Services)
5. Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number. (Department of Planning Services)
USR19-0031 - Christopher and Debra Carpenter
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6. Caroline Avenue is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Department of Public Works)
7. Show and label the approved access locations, approved access width and the
appropriate turning radii (25') on the site plan. The applicant must obtain an access
permit in the approved location(s). (Department of Public Works)
8. Show and label the drainage flow arrows. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement (Department of Planning Services)
USR19-0031 - Christopher and Debra Carpenter
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Christopher and Debra Carpenter
USR19-0031
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0031, for A Site Specific
Development Plan and Use by Special Review Permit for accessory buildings with gross floor area
larger than four percent (4%) of the total lot area, as detailed in Section 23-3-30, per building on lots in
an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. 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. (Department of Public Works)
4. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
6. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
10. Activity or use on the surface of the ground over any part of the septic system must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction of
the soil or to structural loading detrimental to the structural integrity or capability of the component to
function as designed. (Department of Public Health and Environment)
11. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
12. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
13. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
USR19-0031 - Christopher and Debra Carpenter
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Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
14. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
15. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
16. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
USR19-0031 - Christopher and Debra Carpenter
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mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR19-0031 - Christopher and Debra Carpenter
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June 03, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
CARPENTER DEBRA
15647 CAROLINE AVE
FORT LUPTON, CO 806214301
Subject: USR19-0031 - A Site Specific Development Plan and Use by Special Review Permit for
accessory buildings with gross floor area larger than four percent (4%) of the total lot area, as detailed in
Section 23-3-30, per building on lots in an approved or recorded subdivision plat or lots part of a map or
plan field prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT 6 BLOCK 22 ARISTOCRAT RANCHETTES INC, BEING PART OF SECTION 27, T2N, R66W of
the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 2, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 21, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
/ //
Maxwell Nader
Planner
April 09, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
CHRISTOPHER & DEBRA CARPENTER
15647 CAROLINE AVE
FORT LUPTON, CO 806214301
Subject: USR19-0031 - A Site Specific Development Plan and Use by Special Review Permit for
accessory buildings with gross floor area larger than four percent (4%) of the total lot area, as detailed in
Section 23-3-30, per building on lots in an approved or recorded subdivision plat or lots part of a map or
plan field prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District
On parcel(s) of land described as:
AR22-6 LOT 6 BLOCK 22 ARISTOCRAT RANCHETTES INC 15647 CAROLINE AVE WELD 80621 of
the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Departments for their review and
comments:
Fort Lupton at Phone Number 303-857-6694
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Maxwell Nader
Planner
FIELD CHECK
Inspection date: June 13, 2019
CASE NUMBER:
APPLICANT:
LEGAL DESCRIPTION:
LOCATION:
USR19-0031
Christopher and Debra Carpenter
Lot 6, Block 22 of Aristocrat Ranchettes 1st Filing; being a part of
the NW4 of Section 27, T2N, R66W of the 6th P.M., Weld
County, CO
North of and adjacent to Caroline Avenue; approximately 230
feet east of Henry Street
Zoning
Land Use
N
A (Agricultural)
N
Residential
E
A (Agricultural)
E
Residential
S
A (Agricultural)
s
Residential
W
A (Agricultural)
W
Residential
COMMENTS:
The site is located in Block 22 of Aristocrat Ranchettes First Filing. The site contains two gated entrances.
The site contains one existing residence, a pole barn, smaller structures such as sheds, personal trailers
and a car port that appears does not meet setbacks. The property also has an RV, it does not appear to be
lived in. There are some vehicles that appear to be either derelict or does not have current plates. There
were miscellaneous personal items around the property as well.
Maxwell Nader, Planner I 06/13/2019
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