HomeMy WebLinkAbout20182831.tiffRESOLUTION
RE: GRANT APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO
DENY ACCESS PERMIT FOR RECORDED EXEMPTION, RECX17-0101 - JOHN,
JACQUELINE AND TAL SANDER
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 Sections 2-4-10 and 12-5-100 of the Weld County Code, the
Board of County Commissioners considered the appeal of the decision by the Department of
Public Works to deny Access Permit for Recorded Exemption, RECX17-0101, submitted by the
appellants, John, Jacqueline and Tal Sander, and
WHEREAS, on August 15, 2018, at the request of the appellants, the Board deemed it
advisable to continue the matter to August 27, 2018, to allow the appellants to be present, and
WHEREAS, on August 27, 2018, the Board deemed it advisable to continue said matter
to allow the appellants adequate time to meet and work with the nearby Rim Rock Facility and
the Department of Public Works, to negotiate the location of the access point, and
WHEREAS, on September 5, 2018, upon consideration of such appeal, including a review
of all information submitted by the appellants and the Department of Public Works, the Board
deems it advisable to grant the appeal of John, Jacqueline and Tal Sander, reverse the decision
of the Department of Public Works, and remand the issue back to staff with instruction to issue
an Access Permit for Lot B and to eliminate the easement for Lots A and B, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the appeal of John, Jacqueline and Tal Sander, be, and hereby is, granted,
and the decision of the Department of Public Works to deny said Access Permit is reversed and
remanded back to staff with instruction to issue an Access Permit for Lot B and to eliminate the
easement for Lots A and B.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Mr. Sander shall correct the plat for RECX17-0101, to reflect the new access for
Lot B, and to eliminate the easement for Lots A and B.
CG: Pw(T(Y)/CH/ £R/.pO.),
PLCTP), Ca.(3c)
loflco/I'1
2018-2831
EG0075
RE: APPEAL FOR ACCESS PERMIT FOR RECX17-0101 - JOHN, JACQUELINE AND TAL
SANDER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of September, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddt,A4A) j( ;IA
Steve Moreno, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
Asst. County Attorney
Mike Freeman
Date of signature: 1O/ ICo / 19
2018-2831
EG0075
MEMORANDUM
TO: Board of County Commissioners
DATE: August 15, 2018
FROM: Dawn Anderson, Public Works
SUBJECT: Appeal of Access Permit Denial for the Sander Family
Weld County Public Works received an access permit application from John, Jacqueline and Tal Sander in
June, 2018. The permit application was in connection with a two -lot recorded exemption, RECX17-0101.
The access application requested a residential access for Lot B onto WCR 29. This request was in conflict
with the signed and recorded plat, dated August 9, 2017, that specifically permitted access to both lots A &
B through a 30 foot access and utility easement on the shared property line. Furthermore, the location of
the access easement. as approved administratively, also matches the access point location as called out
in the approved WCR 29 Access Control Plan (ACP). Please see the attached Exhibit A map associated
with this access permit/RE.
Public Works staff denied the request for a residential access permit at the proposed location based on the
fact that access to this property was already addressed and approved during the Recorded Exemption
process with a shared access easement specific to the Weld County Code sections 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 coal 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 Transporation.
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 roads 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.
Upon being informed that the requested access was being denied, Public Works staff received a variance
request and hardship, see Exhibit B. In summary, this letter states that during purchase of the property the
Sanders were never informed of the easement and shared access point. Although this property did not
have a permitted access point the Sanders believed that an access already existed and therefore upgraded
that point. They also state that Poudre Valley REA placed electric poles in the shared access and utility
easement during construction that would now make this point unsafe.
Furthermore, the access point that was built and is being proposed for approval on WCR 29 does not meet
spacing for an arterial roadway.
Public Works staff does recommend denial of this request based on the prior access approval per the
recorded plat, the "no net increase" code section, spacing requirements for an arterial roadway and the
approved WCR 29 ACP.
2018-2831
WCR 29 is a gravel arterial road as identified on the County's functional classification map The WCR 29
ACP calls out right-of-way at 100' except at five designated intersections that require 140' of right-of-way
The ADT is 133 with 24% of the vehicles per day being trucks
I'm available to answer any questions you may have
oweoirw eliTrainkviiau
RECORDED EKEMPTION NO 0553-20-01 REC`c17-0101
BEING THE N 1/2 OF THE NE I/1 OF SECTION 20 TOWNSHIP 6 NORTH
RANGE 66 WEST OF THE 6TH PSI WELD COUNTY COLORADO
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HAMMER LAND SURVEYING INC •
3050 67TH TVENUE SUITE 200
GREELEY CO 80634
PH 970-535-93,8
RECORDED EXEMPTION
SECTION 20 TOWNSHIP 8 NORTH
RANGE 86 WEST 0TH PM
SECTION 20 TO6NSHIP 8 NORTH
RANGE 66 WEST 6TH PM
JOENI7022
DATE 7/24/17 I REC%I7-0101
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RECX17-0101 easement
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RECX17-0104 easement
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Lot B & D RECX16-0142
easement location
Lot A & C RECX16-0142
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Weld County Road 29
Access Control Plan Maps
Segment 24 of 32
"new" access
location
250 500
750
1 000
1 250 1.500
Feet
LEGEND (Markers and lines are approximate )
Agricultural Access
Residential Access
Oil & Gas Access
Commercial Access
Multiple Use Access
Future Access
X
Existing (60') Right -of -Way
Future (100'-140') Right -of -Way
Parcels
Access with Safety Concern
SD. Sight Distance, S Spacing)
Access to be Closed
WCR 29 Access Control Plan
Page 47
EXHIBIT B
To whom it may concern:
When we decided to lay out the plan for our property we discovered an existing access to county road
29. We thought since it was there already there we would be allowed to use it for our permanent access
to county road 29. At that point we made the access more vehicle friendly and added 2 culverts for
drainage along with road base and gravel into our building site.
Upon getting our permits for our house and pole shed we learned that we are required to share an
access with our neighbor to the north. We were not informed of this at any time during our closing of
the property and had no knowledge of these rules. During the process of building PVREA has placed
electrical high line poles in the middle of the County's proposed access sit. Please see the pictures
below:
Point looking west from County road 29 Looking South for the County proposed access site
Looking North for the County proposed site
1.
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Another view of the Highline poles at
County proposed access
Our concern is the danger of entering and exiting County road 29 with the highline poles proposing a
hazard to the safety for all using the driveway. We are asking for a variance to use our existing driveway
that is already built due to the fact of our safety of entering County Road 29 and the added expense we
will have to incur from building a new access point onto the road.
Looking North from our existing driveway
Looking East from our existing driveway
Looking West at our existing driveway
Looking South from our existing driveway
Thank you for your consideration of this matter.
John Sander Jacqueline Sander and Tal Sander
RECEIVED
AUG 0 2 2018
WELD COUNTY
COMMISSIONERS
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Tal Sander
From:
Sent:
To:
Subject:
Mr. Sander,
Morgan Gabbert <mgabbert@weldgov.com>
Tuesday, July 31, 2018 10:59 AM
Tal Sander
RE: Variance request update
There is not going to be an application to fill out beyond the originally submitted one with your building permit. The
next step for you is to contact the Clerk to the Board, in writing, of your request for an appeal of denial by Public
Works. Please see the following code section. It has all the information the Clerk to the Board will need:
https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH2AD ARTIVHE S2-4-
10APPR
If you need to call the Clerk to the Board the number is 970-336-7215.
Thank you,
Morgan Gabbert
Engineer Tech II
Weld County Public Works
1111 H Street
P.O. Box 758
Greeley, CO 80632-0758
(970) 304-6496 ext. 3778
mgabber @weldgov.com
‘Lti I ft61 t- dry
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: Tal Sander <tal.sander@mvpmt.com>
Sent: Tuesday, July 31, 2018 9:40 AM
To: Morgan Gabbert <mgabbert@weldgov.com>
Subject: RE: Variance request update
Morgan I have read through this and didn't find an application to fill out to start the appeal process for our driveway.
Am I missing something? Thanks Tal
From: Tal Sander
Sent: Sunday, July 22, 2018 6:21 PM
1
To: 'Morgan Gabbert'
Subject: RE: Variance request update
Morgan, can you tell me how we can start the appeal process for driveway? I am hearing through the grapevine that the
gas plant is going to put there entrance across from our driveway so wouldn't it make sense for us to leave it where it is
now? Thanks Tal Sander
From: Morgan Gabbert [mailto:mgabbert@weldgov.com]
Sent: Tuesday, June 19, 2018 12:31 PM
To: Tal Sander
Subject: Variance request update
Hi Mr. Sander,
I wanted to let you know that the variance request you submitted has been denied by Public Works staff. You have the
right to appeal the decision to the Board of County Commissioners. Please refer to Weld County code section 12-5-130
and section 2-4-10. I have included a link:
https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH12LIPE ARTVROACPO 512-
5-130APDEACPE.
If there are any questions please let me know.
Thank you,
Morgan Cabbert
Engineer Tech II
Weld County Public Works
1 111 H Street
P.O. Box 758
Greeley, CO 80632-0758
(970) 304-6496 ext. 3778
mgabbert@ 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.
2
7/31/2018 Weld County, CO Charter and County Code
Sec 2-4-10 - Appeals process.
The Board of County Commissioners shall act as a board of appeals to hear complaints on actions taken
by County boards, commissions and departments. Except for decisions made by the Board of Adjustment
and Uniform Building Code Board of Appeals, procedure for appeals shall be as set forth in this Chapter, by
resolution of the Board, or as otherwise provided by law
A Any person appealing an action by a County board, commission or department to the
Board of County Commissioners shall file such a complaint, in writing, with the Clerk to
the Board within sixty (60) days of the incident in question Appeals concerning
purchases or procurements made in accordance with Chapter 5. Article IV, of this Code
shall be filed within five (5) days of the incident in question.
B. Such complaint shall include.
1 The name of the employee, board, commission or department against which the
complaint is made
2 A description of the basic facts involved in the complaint
C The Clerk to the Board shall schedule a hearing with the Board of County
Commissioners, to be held within fifteen (15) days of the filing of the complaint, and
shall notify all parties involved in the incident
D. The Board of County Commissioners shall hear all the available facts pertinent to the
incident, may schedule a second hearing within thirty (30) days following the initial
hearing if the Board determines such a need, and shall render a determination within
thirty (30) days of the final hearing
E No person shall be denied the right to appeal, provided that he or she complies with the
administrative procedures established by the Board.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2016-14)
1/1
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Thank you Tom.
I will follow up with Tal Sanders.
Thank you,
Dawn R. Anderson
Development Review Manager
Weld County Public Works
Dawn Anderson
Wednesday, September 4, 2019 4:52 PM
Tom Parko Jr.
Esther Gesick; Elizabeth Relford
RE: Access Appeal from 2018 pending permit number - Sander
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: Tom Parko Jr. <tparko@weldgov.com>
Sent: Wednesday, September 4, 2019 9:54 AM
To: Dawn Anderson <dranderson@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>
Subject: RE: Access Appeal from 2018 pending permit number - Sander
Dawn,
Sara Williams submitted her amended RE plat last week and it will be recorded today. I have tried to reach out to the
Sanders' but haven't heard or seen anything from them.
Tom
From: Dawn Anderson <dranderson@weldgov.com>
Sent: Wednesday, September 4, 2019 9:18 AM
To: Tom Parko Jr. <tparko@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>
Subject: FW: Access Appeal from 2018 pending permit number - Sander
Tom,
1
Do you have an update on this case. The access was conditioned on the applicant doing a corrected plat that would
vacate an easement and give them a new access point. Last I understood Mr. Sanders was working with you and your
department. Once the plat gets corrected/recorded I can release a permit.
Thank you,
Dawn R. Anderson
Development Review Manager
Weld County Public Works
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: Esther Gesick <egesick@weldgov.com>
Sent: Tuesday, September 3, 2019 8:53 AM
To: Dawn Anderson <dranderson@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>
Subject: Access Appeal from 2018 pending permit number - Sander
Hello Dawn,
I'm trying to close out a few items that Stephanie was holding, pending responses from various departments. Her email
correspondence, the draft Resolution and the backup materials are all attached to refresh your memory. Can you give
me an update on when we can expect an assigned Access Permit number and reception number for the corrected RE
plat. Thursday will be one year.
Thanks!
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 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.
2
Stephanie Frederick
From:
Sent:
To:
Subject:
Dawn Anderson
Monday, February 4, 2019 9:56 PM
Stephanie Frederick
RE: Access Appeals from 2018 pending permit numbers
Stephanie,
The access permit number for: AMRE-415-David Hofmeister, c/o John Hofmeister is AP18-00539
I am still working on the Tal Sander one and hope to have it soon. I'll keep you updated.
Thank you,
Dawn R. Anderson
Development Review Manager
Weld County Public Works
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: Stephanie Frederick
Sent: Wednesday, January 30, 2019 12:15 PM
To: Dawn Anderson <dranderson@weldgov.com>
Subject: Access Appeals from 2018 pending permit numbers
Importance: High
Hi Dawn
We are having Commissioner Cozad come in to sign some items of business for the end of 2018, to close up that year. I
still have two (2) Access Appeals that were approved by the Board, but I have been waiting on Access Permit numbers
before I can finalize the resolutions.
I need a permit numbers for: AMRE-415-David Hofmeister, c/o John Hofmeister and RECX17-0101 — John , Jacqueline
and Tal Sander
Please let me know if you have any questions.
Best,
Stephanie Frederick
Deputy Clerk to the Board
Weld County
1
Stephanie Frederick
From:
Sent:
To:
Cc:
Subject:
Stephanie,
Dawn Anderson
Tuesday, September 18, 2018 3:53 PM
Stephanie Frederick
Esther Gesick; Elizabeth Relford; Frank Haug
RE: Sander Appeal
We do not have these #'s yet. We are working on going through the WCR 29 Access Control Plan Amendment process to
get final approval from the entities that entered into that IGA and then we will finalize the Access Permit.
Thank you,
Dawn R. Anderson
Development Review Manager
Weld County Public Works
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: Stephanie Frederick
Sent: Tuesday, September 18, 2018 3:12 PM
To: Dawn Anderson <dranderson@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Frank Haug
<fhaug@weldgov.com>
Subject: RE: Sander Appeal
Hi All
I am finalizing the minutes and the Appeal for the Access Permit for the Sander Family, which was heard by the
Commissioners on September 5th, and I am still waiting on the Rec # and the AP It.
Best Regards,
Stephanie Frederick
Deputy Clerk to the Board
(970) 400-4219
From: Stephanie Frederick
Sent: Wednesday, September 12, 2018 3:46 PM
1
To: Dawn Anderson <dranderson@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>
Subject: Sander Appeal
Hi Dawn
I am working on the final reso for Sander's appeal I am wondering if you have the Access Permit # and reception #?
Thank you,
Stephanie Frederick
Deputy Clerk to the Board
1150 "O" Street, Greeley, CO. 80632
(970) 400-4219
2
Hello