HomeMy WebLinkAbout20183531.tiffRESOLUTION
RE: GRANT APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO
DENY ACCESS PERMIT FOR AMENDED RECORDED EXEMPTION, AMRE-415 -
DAVID HOFMEISTER, C/O JOHN HOFMEISTER
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 Amended Recorded Exemption, AMRE-415, submitted
by the appellants, David Hofmeister, c/o John Hofmeister, and
WHEREAS, the Board heard testimony and took evidence from Department of Public
Works staff and David Hofmeister, do John Hofmeister, and
WHEREAS, 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 David Hofmeister, c/o John Hofmeister, reverse the decision of the
Department of Public Works, and remand the issue back to staff with instruction to issue Access
Permit, AP18-00539, with access to Lot A of AMRE-415, recorded at Reception #2672747, being
40 feet in width from County Road 5 and located 20 feet south of the northern boundary of said
Lot A.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the appeal of David Hofmeister, c/o John Hofmeister, be, and hereby is,
granted, and the decision of the Department of Public Works to deny Access Permits is reversed
and remanded back to staff with instruction to issue Access Permit, AP18-00539 with access to
Lot A of AMRE-415, recorded at Reception #2672747, being 40 feet in width from County Road 5
and located 20 feet south of the northern boundry of said Lot A.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Mr. Hofmeister shall correct the plat for AMRE-415 to reflect the new access for
Lot A, and to eliminate the shared access and easement currently shown on the plat for Lots A
and B of AMRE-415.
C,C.Pwt0RW,
PL( -re)
2/IRlig
2018-3531
EG0075
RE: APPEAL FOR ACCESS PERMIT FOR AMRE-415 - DAVID HOFMEISTER, C/O
JOHN HOFMEISTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ade%ti
Weld County Clerk to the Board
BY:
Deputy CI -!k to the Boar
County • ttorney
Mike Freeman
Date of signature: 2-13- I t
Steve Moreno, Chair
2018-3531
EG0075
"13
MEMORANDUM
TO: Board of County Commissioners
DATE: November 5, 2018
FROM: Dawn Anderson, Public Works
SUBJECT: Appeal of Access Permit Denial for David Hofmeister
On June 18, 2018, Weld County Public Works received an access permit application from David Hofmeister.
The permit application was in connection with a two -lot recorded exemption, AMRE415. The access
application (Exhibit C) requested a residential access with a description of work as follows: The driveway
for this property is existing. Taking out a modular home and building a new house on this lot. The
application included a property access easement for the existing access point and met the criteria in the
Weld County Code as well as the approved/recorded plat so Public Works issued the permit as requested,
AP18-00539.
In September 2018, Mr. Hofmeister submitted a new access permit application for the same lot, however
was requesting a new location, a larger width and a description of work as follows: Single driveway was
used to service two parcels owned by a single individual. Now I have purchased the parcel where my
house is to be built. Need to add a new driveway access to CR 5 for my new build.
This new request was in conflict with the signed and recorded plat, dated February 11, 1999, that specifically
permitted access to lots A & B through a 30 foot access easement along the shared property line of lots A
& B. Of the two accesses marked on the original plat, only one was constructed. The other was overgrown
with trees. The proposed access which was denied is approximately 300 feet away from the currently
constructed and approved access. 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 goal of no "net increase" in the number of accesses onto adjacent County
roads when accesses already exist.
1. Where the access is adjacent to a state highway, the Colorado Department of Transportation has
jurisdiction over existing or proposed access points. The applicant shall be responsible for
obtaining a new Access Permit from the Colorado Department of 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.
4Di g- 3 4L
6 (10015
As part of the application Mr. Hofmeister also requested a 60 foot access point. Appendix 12-A of the Weld
County Code shows an approach width for a residential access point to be Thirty (30) foot maximum as
shown below:
Type of Land
Use
Approach
Width
Access Radii
Single-family
residential
20-30 feet wide
25 feet minimum
Commercial/Industrial
24-40 feet wide
60 feet minimum
Upon being informed that the requested access was being denied, Public Works staff received a variance
request and hardship letter. see Exhibit B. In summary. this letter states that when the recorded exemption
was approved there was one (1) property owner for both lots and shared access was sufficient. With Mr.
Hofmeister purchasing Lot A of the RE, utilizing the existing access point as a shared access is no longer
appropriate as he states that he needs a 60 foot access point for equipment he parks on site and he also
wants to avoid potential future issues with the current and/or future property owner(s) of Lot B. Mr.
Hofmeister also states that it woud be a financial hardship to build an access at the 30' access easement
location, as snown on Exhibit A, due to the need to remove large cotton wood trees and extend the length
of access road to properly align with the garage entrance of the house.
The proposed access point, north of the 30' access easement. would be off -set and not meet the spacing
criteria from an existing, unpermitted agricultural access point on the west side of the road.
Public Works staff recommend denial of the proposed access point based on the prior access approval per
the recorded plat, prior approval of a shared access through an easement between the two properties
based on an issued access permit and the request for a 60 foot wide access point.
WCR 5 is a gravel local road as identified on the County's functional classification map. The ADT is 371
with 18% of the vehicles per day being trucks.
I'm available to answer any questions you may have.
ttcaat-6
4/v
5)15
30'access gmlent
approximate
exist access
points
RECORDED EXEMPTION
N 0 . I06I-I6-3-AMRE4I5
Point of Beginning — Lot A
Point of Beginning — LESS AND EXCEPT
W-1/4 corner Section 16. T4N, R68W
found a 2-1/2" alum. cap properly marked
and stamped AM NASCAL1 PLS 23500"
LOT A
1.90 acres
N 89'2044 E 2642.73'
g C 25.00 035) � 3175.00'(i5
Iry
building envelope for Lot B Ig
�o
N 89'20'44" E 646.35'
w` t line of 5W-1/4
Section
of6Bear N.
8
Has'
right—of—wayline
2167.73
CD
LOT B
158.78 acres
21450 WCR 5
south line of SW -1/4
Section 16. T4N, R68W
rth lino of SW -1/4
Section 78, T4N, R68W
east line of SW -1/4
Section 16, T4N, R68W
SW corner section tibW b. T4N, R68S 89'20'30" W /2643.89'
117 -
found monument bo containing o
2-1/2" alum. cap properly marked and
stamped "INTERMILL LS 12374"
I (we) do tweby dedicelerfar It. beniM of theeto ler6ss shown or described hereon, easements for Ins pose sham or described hereon
7/.r.Pr /'a s .rye. .e
CLIENT
State Highway
56
DFOCRIPTION5)
LOt A:
A portion of the Southwest 1/4 of Section I6, Township 4 North, Range 68 West of the Sixth Principal Meridian, Weld County. Colorado, being m particularly described as follows: ore
Considering the West line of the Southwest 1/4 of Section 16, Township 4 North, Range 68 West of the Sixth Principal Meridian, Weld County, Colorado as
bearing N 00'03'23" E and with all bearings contained herein relotive thereto.
BEGINNING al the Northwest comer of the Southwest 1/4 of Section 16. Township 4 North. Range 68 Weal of the Sixth Principal Meridian. Weld County.
Colorado; thence run N 89'20'44" E along the North line of said Southwest 1/4 for a distance of 475.00 feet; thence leaving said North line run
S 00'03'23" W for a distance of 175.00 feet; thence run 5 89'20'44" W for o distance of 475.00 feet to the West line of the aforesaid Southwest 1/4;
thence nun N 00'03'23" E along said West line for o distance of 175.00 feet to the Point of Beginning.
Said lot contains 1.90 acres, more or lets, and is subject to easements and rights —of —way of record.
LOL9:
NI of the Southwest 1/4 of Section 16. Township 4 North, Rorge 68 West of the Sixth Principal Meridian, Weld County, Colorado, LESS AND EXCEPT the
following described porcel:
Considering the West line of the Southwest 1/u 0f Section 18, Township 4 North, Range 88 West of the Sixth Principal Meridian, Weld County, Colorado 0
bearing N 00'03'23" E and with all bearing. contained herein relative thereto. s
BEGINNING at the Northwest corner of the Southwest 1/4 of Section 16, Township 4 North, Range 68 West of the Sixth Principal Meridian. Weld County,
Colorado; thence run N 89'20'44" E along the North line of sold Southwest 1/4 for a distance of 475.00 feet; thence leaving said North line run
5 00'03'23" W for a distance of 175.00 feet; thence run S 89'20'44" W for a distance of 475.00 feat to the West line of the aforesaid Southwest 1/4;
thence run N 00'03'23" E along said West line for a distance of 175.00 feet to the Point of Beginning.
Said lot contains 158.78 acres, more or less, and is subject to easements and rights —of —way of record.
Center of Section 16, T4N. R68W
set 30" long 3/4" iron rod with a
2-1/2" alum. cap properly marked and
stomped "PLS 32444"
N
Seale t inch a 300 feet
o w Poo
We, the undersigned being the sole owners in fee of the obove described property do hereby subdivide the same shown on the attached mop. We understand this property is located in the (A) Agricultural Zone District ond Is also
intended to moods areas for the conduct of other uses by right, accessory uses, and uses by special review.
The forgoing certification was acknowledged before me his 4.(AL day of
My Comlmealon Expires: _ LA /18 that
Notary Public
0
m
S-1/4 comer Section 18, T4N, 468W
found monument box containing o 2-1/2" alum cap properly monks# and I) All prep01ed or existing sitaemminimumres Me or do meet the minimum setback
stamped "INTERMILL and offset LS 12374" requirements for the suite district in which me properly is located.
2) My future striatum or uses on she must obtain the gprisle zoning
(m0661661 permits"
Witness My�nd Soot
This Plot Is accepted and approved for filing.
, n
Plment of Pio ring Services Director
A.D., 1999.
The forgoing certification was acknowledged before me this �_ day of
A.D.. 1999.
My Commission Expires: /D 29/5002-
Notary Public
T"..y'C` , tress My Hand and seal
l \3P COLOP'-
I, M. Bryon Short, a Registered Professional Land Surveyor in the State of
Colorado, do hereby certify thot this Recorded Exemption plot ens prepared
under my personal sopervis;on, end that true plat is an accumte
representation thereof. I further certify that the survey and this plot
complies with all applicable rules, regulations and laws of the State of
Colorado, State Board of Registration for Professional Engineers and
Professional Land Surveyors, and Weld County.
M. Bryan soon .e01t0n'Ntya,_ Z -
Colorado
Colorado Registration #32444 .. "
BRXIy
t44i. IIalA68
l0LO
NOTICFAccording to Colorado low you must commence
any legal action based upon any defect in this survey
within three yeafter you first discover such defect.
ars
In no event, mayany action bad upon any detect in
thsurvey commmnenced m then ten years from
the data f the certification shown hereon.
Vicinity Map
I'03000'
Date
Date
Date 2/1/99
Jim Hofmeister
REVISIONS
BY Description
BY Description
By 0AK Description added bldg, accede ate
ITITLE Recorded Exemption Plat
Frederick Land Surveying
1528 North Lincoln Avenue Sults 2 Loveland, Colorado 80538
Phone: (970) 669-2100 FAX: (970) 669-3725
Recorded Exemption No.
Section 16, Township 4 North, Range 88 West of the 6th P.M., Weld County, Colorado
I Date
Feld Book
Scale
1/20/99
LL
l'.300'
Drawn PRO I PROJECT N0.
Checked MBS M65
I SHEET N0. I N0.OF
SHEETS
Approvetl
98071 .001 1 1
Hardship Variance Request
Access point relocation
Public Works Staff,
According to section 12-5-120 for a variance from a specific access permit, this letter
is regarding the access to County Rd. 5 from address 21454 County Rd. 5 Berthoud, CO
80513, also referred as parcel #106116000035 (See attached Exhibit A). I request a
relocation of our access point to county rd. 5. I park pieces of equipment at my lot requiring
a 60ft access point.
When LotA was exempted off of Lot B (see exhibit A) it was owned by one owner and shared
access was sufficient for that owner. Now that we have purchased parcel A and it has been
deeded off we need to access county road 5 by relocating a current access permit. The
current 30' access easement allocated for Lot A would required removal of very large and
extensive row of trees and it would also require hundreds more feet of driveway in order to
align with our house/garage design that is currently under construction on Lot A.
According to code 12-5-30.A allowing one access point for a single parcel. That is all we are
requesting. We do not need an additional access point. We simply need to relocate the
current access point that borders the southern border of our property, further North on the
property. Written in code 12-5-30.F for an additional access, we are not requesting an
additional access. With the current access point located where it is now there would be
enormous cost to remove the over 70ft tall cotton wood trees located in that area. There
would also be an estimated $12,000 more in gravel and grading in order to "weave" the
driveway along our property in order to align with our driveway and garage entrance.
Following the exemption standards in section 24-8-40.C our request complies with all the
factors related to our access to County Road 5. Since there is a current access point
permitted and we are just requesting it to be moved north (further away from the current
access point for Lot B).
In section 24-8-40.C.2 regarding contiguous lots sharing an access. Since we bought this
property and it has officially been deeded in our name. We would not want to share the
current access point for Lot B and face any future issues with future owner of the contiguous
property.
In response to the Weld County Design and Construction Criteria section 6.3.5 addressing
shared accesses. There is a permitted access already located for Lot B. That lot does not need
a second access point to county Rd. 5. So sharing the access point with Lot A would not be
needed nor feasible because of the location of the access point. By moving the access point
for my lot, Lot A, north it would actually further the distance of these two access point to
county Rd. 5 from each other.
Sincerely, CO-at/David Jam Hofineister
Weld County Public Works Dept.
1111 H Street
P.Q. Box 758
Greeley, CO 80632
Phone: (970)30-6496
Fax: (970)304-6497
Property Owner
Name David I Itlfirrheiter
Company
Address 21 454 0g.
City E3+ recut
Phone 4119-41120-54.110$
State C Zip
80 513
Fax 34)34347-0370
Email eitt410 II Ciegobaiili.CO
Parcel Location
The access is on WCR 5
Nearest inter iec Lion: WCR 5
& WCR 44
Dist. from intersection (approx. in ft.) 2519
Parcel Number(s) i 0611
-1541
Section/Township/Range i "cl.'4
Total #i of Existing Accesses to parcel 1
ACCESS PERMIT
APPLICATION FORM
RsiJ/e-°'7
Authorized Agent/Applicant (if different from Owner)
Name
Company
Address
City State Zip
Phone
Fax
E-mail
Existing Coanty Road Surface Information
Asphalt Gravel 1 Treated Other
Proposed Access tnfonnittion
Culvert size & Type (15" CNIP/RCP min.) 60 Feet
Materialtc used to consfuct access e`"� ��. ``' �base
Access Construction Start Date 71448
Access Construction Finish Date 8/1/18
Proposed Use
o Temporary (Tracking Pad Required) (#) a Single Residential 0#0
o Small Commercial fit) a Large Commercial 10)
c Field (Agriculture Only) (#) o Subdivision 1#1
❑ Oil & Gas fit)
o Industrial j#)
Is this access associated with a Planning or Building Department Process?
o USR/MUSR o RECX/SUBX o PUD o WOGIA o COMPLEX (IA required) o Other
Planning/Building Department case it
Required Attached Documents
- Traffic Control Plan (a generic plan can be found at https.i/www.weicigoJ :: idepdr me ntsVpublk works/pet mini)
During the review process it may be determined that a right-of-way use permit will be required as well.
- Certificate of Insurance (with 'Weld County, Colorado' listed as the certificate holder & as an additional insured)
- Access Pictures (from the left, right, into & out of the access — N, S, E, & W)
- Access Authorization Form (Not required if the application is signed by the landowner.)
f!! schedule (to be determined by permfttireg agency)
- $75 each access point: Temporary, Small Commercial, Oil & Gas, Single Family Residential
- $150 each access point: Industrial, Large Commercial, Subdivisions
- Field (Agriculture only): no cost
Parcel Sketch (or provide an aerial on an add') sheet)
A ; Existing Access 11= Proposed Access
PROPOSED ACCESS
a
T
N
P
Description of: Wqrisystaasztait
4
Single driveway was used to service two parcels owned by a single individual.
wcR46
ExISi1NG ACCESS
wcs44
Now I have purchased the parcel where my house is to be built
_...••••-
Need to add a new driveway to access County Road 5 from my new build.
By accepting this permit, the undersigned Property Owner/Authorized Agent, under penalty of perjury, verifies they have received all
pages of the permit application; they have read and understand all the permit requirements and provisions set forth on all pages. By
virtue of their signature the Property Owner/Authorized Agent is bound by and agrees to comply with all said permit requirements
and provisions, all Weld 4.nt1 nt ordinances, and state laws regarding access construction
Signa cure -r �' i Printed David Hotmeister 7/25/2018
Name Date
Signature Printed Name
(In case of multiple Property Owners/Authorized Agents)
Date
• Access Permits ire good for 1 year from the date of issuance, Property Owner/Authorized Agent must obtain a new
permit or request an extension if the construction of the access point is not completed in that timeframe.
Extensions are subject to approval by Public Works
• County regulations on road access can be found In Article V of Chapter 12 of the Weld County Code,
r
••44198'!4 Pages: 1 of 1
Ca;iy(a0.aie °Clwl a d RR.e AT:ri.1w:w Caw+ty, co
KONIMIChWINVIIIIIINAff44.10.41ki III
PROPERTY ACCESS EASMENT AND RIGHT-OF-WAY
This PROPERTY ACCESS EASMENT AND RIGHT-OF-WAY (this "Easement") is male this 30'a day of July 2018 from
James IYt llofkniatar sad Dianne 111. Hoflneittor, as Joint tesents, whose address is 21450 CR 5, Bertoud, Colorado
80513 ("Grantor"), to David J. HotWeistor and Michelle R. Holaeister. sa joint tenants whose address is 21454 CR 5,
Berthoud, Colorado 80513 ("Grantee")
FOR AND IN CONSIDERATION OF Ten Dollops (51000) and other good and valuable consideration. the receipt and
$ lcaacy of*hint is hotthr adtf twhidgatf, Grantor does hettiby gram, [tt aid +xa� ra ti b Grantee. itatalcc4 . Ind
t $.c •to ate ra,ia&esed tiivaa ay for amass Weld s lo taljtaty S,1oaa Garda ! ;� the Wow to ; elfinen der. along and *was the meowing deeeribed (eta lamed in WeldCriawalp,Staa. nl an wit
lawns4Noses►Roan 68Wert. 6 Fitt.
Section 16, PT SW4 16-4-68 LOT B
Aka bow* ape Paaoei * 106116000836 ►e tar Wphi'Ca11 my Aftsassvf'rr dace Weld County. Caw*
This Base. tttshaO be for tlteaaeordad acre s to, Wag County Road 5 lorsithd on fdit'utrproperty analieulthrradian l to as
tlrrli " ideetw yl Erlrrtda way we 44etway loranid oei grease 'glee estY . S Waats Ma lOtr the warded in
WO pit eediBI011!0000 is
,
w WITNESS SS WHIMS*. flower lass .ocassett and dalietwl this aatraata`aP of ter 2 der ..t
2018
BY:
tea I�1 14141 xsger
s 1
By: �i''�d f•,1'" -f r
Rita Dionne M. Noi,ueener
STATECf . it
COUNTY G0c l _
tmrltlNe�s:
L illawaer dot
New:!!411J 4 -
Eat: l k yttairedelar
ACKNOWLEDGEMENT
the (suet oing in.muneru wte: ackn owk.dged tw6,n m r Ypx- er this .et 2018 to Grantee sod Gonna
Witness my hand and official seal
i
MICHAEL JACOaiJR.
NOTARY PUBLIC
STATE OF COLORADO
NOTARY JO 2017aa121a7
UY CO66ILSSION EXPIRES MAMA 2021
My .3Nrnl
Page 1 of
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970)304-6496
Fax: (970)304-6497
Property Owner
Name David J. Hofineister
Company
Address 21454
city Berthoud State CO zip 80613
Phone 970-420-5308
Fax 303-847-0370
E-mail DH4701 gnat!. corn
Parcels location
The access is on WCR 5
Nearest Intersection: WCR 5
& WCR44
Dist. from Intersection (approx. in ft.) 2579
Parcel Number(s) 106116000035
Section/Township/Range le/04/68
Total # of Existing Accesses to parcel 1
Proposed Use
❑ Temporary (Tracking Pad Required) (#)
❑ Small Commercial it)
o Field (Agriculture Only) (#i
ACCESS PERMIT
APPLICATION FORM
Authorized Agent/Applicant (if different from Owner)
Name
Company
Address
City State Zip
Phone
Fax
E-mail
Watling COU MtYRaadStuface hdiairmitioni
Asphalt Gravel I Treated Other
Proposed Access Information
Culvert Size & Type (15" CMP/RCP min.) 60 Feet
Materials used to construct access Culverts, Road base
Access Construction Start Date 7/25/18
Access Construction Finish Date 8/1 /18
Single Residential (M) 1
o Large Commercial E#)
❑ Subdivision (#)
o Oil &Gas (#}
❑ Industrial'(#)
Is this access associated with a Planning or Building Department Process?
o USR/MUSR ❑ RECX/SUBX o PUD u WOGLA o COMPLEX (IA required) o Other
Planning/Building Department case #
Required Attached Documents
- Traffic Control Plan (a generic plan can be found at ht'tns://www;wekbiov.,c /departrnents/pub4tc works/permits')
During the review process it may be determined that a right-of-way use permit will be required as well.
- Certificate of Insurance (with "Weld County, Colorado" listed as the certificate holder & as an additional insured)
- Access Pictures (from the left, right, into & out of the access — N, S, E, & W)
- Access Authorization Form (Not required if the application is signed by the landowner.)
Fee schedule (to be determined by permitting agency)
- $75 each access point: Temporary, Small Commercial, Oil & Gas, Single Family Residential
- $150 each access point: Industrial, Large Commercial, Subdivisions
- Field (Agriculture only): no cost
Parcel Sketch (or provide an aerial on an add'i sheet)
A = Existing Access L\= Proposed Access
PROPOSED ACCESS
5
LI
i
Description of Work or Reason for Permit
Single driveway was used to service two parcels owned by a single individual.
I
wca
EXISTING ACCESS
wcR44
Now i have purchased the parcel where my house is to be built.
Need to add a new driveway to access County Road 5 frorrr my new build.
By accepting this permit, the undersigned Property Owner/Authorized Agent, under penalty of perjury, verifies they have received all
pages of the permit application; they have read and understand all the permit requirements and provisions set forth on all pages. By
virtue of their signature the Property Owner/Authorized Agent is bound by and agrees to comply with all said permit requirements
and provisions, all Weld Count ordinances, and state laws regarding access construction.
Signature
Printed Name David Hofmeister
Signature Printed Name
(In case of multiple Property Owners/Authorized Agents)
Date
Date
19/17/18
1
• Access Permits are good for 1 year from the date of issuance. Property Owner/Authorized Agent must obtain a new
permit or request an extension if the construction of the access point is not completed in that timeframe.
• Extensions are subject to approval by Public Works
• County regulations on road access can be found in Article V of Chapter 12 of the Weld County Code.
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
John Hofineister <hofineistertrucking@gmail.com>
Friday, October 19, 2018 10:57 AM
Esther Gesick
Dawn Anderson; Elizabeth Relford
Re: County Road Access Appeal
image001.png; Exhibit A.pdf; Exhibit D.pdf; Exhibit C.pdf; Access Point Relocation-2.pdf;
Exhibit B.pdf; Exhibit E.pdf; JOINTAUTHORIZATIONFORM2.pdf
Hello,
Attached are all my exhibits and my original variance request. As you can see on some of the exhibits I "rendered" in
order to visualize what we are trying to accomplish. I did this so you can all see, short of coming out here, exactly why
the shared access is not feasible from this point forward. The shared access made perfect sense when that was just am
additional residence eon the farm for a farm hand. Now that is is headed off and sold the future of a shared access
would cause a hardship on both parties when it comes to maintenance, livestock fencing, gates, mailboxes, culvert
maintenance and repair, driveway maintenance and repair and also the fact that the shared access does not allow the
two owners to portions the land for visible and practical purposes.
Also, James Hofmeister, the adjacent property owner to which the current access cuts through his property, does no
longer want the shared access for both properties. This is both for future roles and relationships of the potential
property owners and also wanting to fence off along his property lines as well in the future.
Please let me know what else I should provide if this is not clear.
On Wed, Oct 17, 2018 at 8:50 AM Esther Gesick <egesick@weldgov.com> wrote:
Hello John,
The Authorization Form is attached to be completed by the property owner. As discussed, once I receive your written
appeal, I'll work with you and Public Works staff to coordinate a hearing date.
Regards,
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
2018-3531
1
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.
Thank You,
John Hofmeister/ Owner
Hofmeister Trucking, LLC
970.222.0239
2
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
I, (We), David J Hofmeister , give permission to John A Hofmeister
(Owner — please print) (Authorized Agent — please print)
to apply for any Planning, Building or Septic permits on our behalf, for the property located at (address or
parcel number) below:
21454 Weld County Rd. 5 Berthoud, CO 80513 also known as parcel #106116000035
PT SW4 16-4-68 LOT A AMD
Legal Description: REC EXEMPT RE -415 (.12R) of Section 16 , Township 04 N, Range 68 W
Subdivision Name: Lot Block _
Property Owners Information:
21454 County Rd. 5 Berthoud, CO 80513
Address:
Phone: 970-420-5308 E-mail: dh4701 @gmail.com
Authorized Agent Contact Information:
Address: 923 Barn Yard Drive Windsor, CO 80550
Phone: 970-222-0239
E -Mail: Jahofineister(cD_me.com
Correspondence to be sent to: Owner Authorized Agent V Both / by Mail Email
John A Hofmeister has my permission to act on behalf of myself in
Additional Info: the
prices of the
Owner Signature:
Owner Signature:
oP,/
Date: 10/18/2018
Date: 10/18/2018
Exhibit A
Lot A Access point (not constructed)
0) 0
gri
rIm
le re
Pita
04 CV re
1110
30Soccess easement
approximate
exist access
points
S-89'2044 W
building envelope
N 89'20'44" E 646.35'
RECORDED EXEMPTION
Requested 60 foot Easment
located 20' South of
north property line
LOT A
1.90 acres
N 89'20'44" E
Request relocation
of Lot A Access point
Sae a tr •••aar osa r r ada.•a na r Sao nA tea • a eta r e a w IS Soma sea o•. ca••ae
Sat a•w — • now a rn.s sr ..ea ••• a r th •• • anus r .•• M a OSaF•�. r era. W �.
• eaarse4 a ow• ••••••• r•• es .r..... • �.rv' a f► • Sawa r flee a . es awl w r .. wn.rs Ir.•w $N Oa as a *VOW • ass ••a assn r ea • San 0 ttaa see • r •saa 10erea•e
SOS a• - ISO aaeA OS a• or al a sate 14 •••a••••• .1414.•a r ..r•
da••••••••
•• +iw ke•. — y lone • aw p r r aswar e. an Ara y. sea a anOne. a as -, o•
rSaida0MirtrIt •••bads y r i •l lies • ea ••••• r w I r in nee Sr OEM ear___ fry a
Nee r a w r r alas t^e r t5 1644— • IS Oa l a••e r r Y Ora tr - w Can San an Pall S Wee' • arc we •ems a
_ Inman ���.a i.us Its s• • era••• r tin Ours On en — as Na
$ • sari/' a - • • r se•e •e•► erea. ••a s aa• OW • a• r awn a 14 r as. r I ais •tuseae Ise •M
s••••• •+• a Mu it a ay sae ass r or • ass I Saw M ti r ►S M 0spaa•e
•as •• ear - Min a seas r OS ass 04•000 r SO ar 44.14-a-. a :s
<:.r a tree.. •st tea40 St ease
b-vt. w ens as
See Exhibit A
For Enlarged version
a
rash son
11400 n$
Jim Hotmriater
Fred.rirk Land Surveying
Ian «.sae u.t.rm mono. ad* I t••afa. Oa_N• 0007•
Meow (*701 SM.it00 Pe. (070) SN••j77f
Racardec twain ptant Plat
tie. fall J1 ease
far _ e11•eet i•ata•ea
It gold County. Colorado
It' • e•Nt .•
09071 col l
Exhibit B
CURRENT "SHARED ACCESS" FOR BUILDING PURPOSE ONLY
A PROPERTY LINE IN RED
Exhibit C
Proposed driveway and County RD. 5 Access.
300 Feet Away From Each other
arie
1st
44 "s4f
•ettrrogittaniageli
.
Exhibit D
David Hofmeister has future plans for a livestock fence (in white)
The "shared access" driveway would not allow this.
Exhibit E
This is the current location of the house under construction.
The shared access was granted for building purpose only.
Hardship Variance Request
Access point relocation ,
Public Works Staff,
According to section 12-5-120 for a variance from a specific access permit, this letter
is regarding the access to County Rd. 5 from adds ess 21454 County Rd 5 Berthoud, CO
80513, also referred as parcel #106116000035 (See attached Exhibit A). i request a
relocation of our access point to county rd. 5 I pai k pieces of equipment at my lot requiring
a 60ft access point
When Lot A was exempted off of Lot B (see exhibit A) it was owned by one owner and shared
access was sufficient for that owner. Now that we have purchased parcel A and ithas been
deeded off we need to access county road 5 by relocating a current access permit The
current 30' access easement allocated for Lot A would required removal of very large and
extensive row of trees and it would also require hundreds more feet of driveway in order to
align with our house/garage design that is currently under construction on Lot A
According to code 12-5-30.A allowing one access point for a single parcel That is all we are
requesting We do not need an additional access point We simply need to relocate the
current access point that borders the southern border of our property, further North on the
property. Written in code 12-5-30.F for an additional access, we are not requesting an
additional access. With the currentaccess point located where it is now there would be
enormous cost to remove the over 70ft tall cotton wood trees located in that area There
would also be an estimated $12,000 more in gravel and grading in order to "weave" the
driveway along our property in order to align with our driveway and garage entrance.
Following the exemption standards in section 24-8-40 C our request complies with all the
factors related to our access to County Road 5 Since there is a current access point
permitted and we are Just requesting it to be moved north (further away from the current
access point foi Lot B).
In section 24-8-40.C.2 regarding contiguous lots sharing an access. Since we bought this
property and tt has officially been deeded in our name. We would not want to share the
current access point for Lot B and face any future issues with future owner of the contiguous
property,
In response to the Weld County Design and Construction Criteria section 6.3.5 addressing
shared accesses There is a permitted access already located for Lot B That lot does not need
a second access point to county Rd. 5, So sharing the access point with Lot A would not be
needed nor feasible because of the location of the access point By moving the access point
for my lot, Lot A, north it would actually further the distance of these two access point to
county Rd 5 from each other.
Sincerely,
nUUit/
David Jam Hotmeister
Exhibit A
approximate
exist access
points
Lot A Access point (not constructed)
Requested 60 foot Easment
located 20' South of
north property line
LOT A
1.90 acres
N 89°20'44" E
building envelope for Lot 8 b Request relocation
of Lot A Access point
RECORDED EXEMPTION
N 0.106-I6-3-AMRE4I5
�wM I W�•H r SUSS it. In* • alh •�• M ••• �1� •••••••Mme+ S 'a.� se NW"w•
or•-• r •• 0 •• Imes in r ••.suer ass • a asp • ss• • s• w •••••. •.a •.. '..e. :•...• •
••m.s • s a •q a ale Ina •S •M••• �•
SS • •• alb. - M a aY•••.• • ••••• It 4•a. • a rre all sin w •w Osman d•w•.. I.. as
•••••••_•••••• •.. • al. lam •••• •• r •r. F..••• •A •► • San r 00400s ear •.+� .•• �.. — y
��y� wee.•• • a• 'r • an. • •••_• A• a •A•• r - ..• .IMMIII — NI S M.+.•.. _.rte Its
••.••.•q •• ••• •.• a •• •••••• V• .• ••..•• r mammalmammal.• w. ••.. �• .• /• Y •••a•• - -_••••- � - •fir •.
r• • s• nr a a •••y .••.••• a . •.•r
S • •• WITS•• •�••� r rola N• r s•� •• r+� • .ice �� • •Y A ••� M ••••• ••M aY ••_
�+. •.•••r w• • ern
r t •. •..• r ••• •r•.....n •. • �� d• •sY• su• M•r .•�./r •s•• a a
• alt • w . ••..r a •s•• it •w• r • flee' • •••• `r r dale a • sr ••r an A•••• sea V•
Gee ww • .t/+esr I •r• •d• ••• •w • • •••• r • .a as In •• .•• a •.s•••
a N •d••• •Y M ••• .d•• • •s• •• • salsol •• .^r wr ah•-•+-••• • .•.•.
Frederick Land Surveying
......A. thalami •••..• ass t u.•••• j. e•••.•+• «Ifs
se .•• a ease a w4071 oot
�+ • yes sea
•-o10•440
i _
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970)304-6496
Fax: (970)304-6497
Property Owner
Name David J. Hofineister
ACCESS PERMIT
APPLICATION FORM
Authorized Agent/Applicant (if different from Owner)
Name
Company Company
Address 21454 Address
City Berthoud State CO Zip 80513 City State Zip
Phone 970-420-5308
Fax 303-847-0370
E-mail DH4701 9 gmail. com
Phone
Fax
E-mail
Parcel Location Existing County Road Surface Information
The access is on WCR 5 Asphalt Gravel ✓ Treated Other
Nearest Intersection: WCR 5
& WCR 44
Dist. from Intersection (approx. in ft.) 2579
Parcel Number(s) 106116000035
Section/Township/Range 16/04/68
Total # of Existing Accesses to parcel 1
Proposed Use
Temporary (Tracking Pad Required) (#)
Small Commercial (#)
Proposed Access Information
Culvert Size & Type (15" CMP/RCP min.) 60 Feet
Materials used to construct access Culverts, Road base
Access Construction Start Date 7/25/18
Access Construction Finish Date 8/1/18
Single Residential (#)
1
Oil & Gas (#)
Large Commercial (#) Industrial (#)
Field (Agriculture Only) (#) Subdivision (#)
Is this access associated with a Planning or Building Department Process?
USR/MUSR RECX/SUBX = PUD WOG LA : COMPLEX (IA required) Other
Planning/Building Department case #
Required Attached Documents
- Traffic Control Plan (a generic plan can be found at https://www.weldgov.com/departments/public works/permits/)
During the review process it may be determined that a right-of-way use permit will be required as well.
- Certificate of Insurance (with "Weld County, Colorado" listed as the certificate holder & as an additional insured)
- Access Pictures (from the left, right, into & out of the access — N, S, E, & W)
- Access Authorization Form (Not required if the application is signed by the landowner.)
Fee schedule (to be determined by permitting agency)
- $75 each access point: Temporary, Small Commercial, Oil & Gas, Single Family Residential
- $150 each access point: Industrial, Large Commercial, Subdivisions
- Field (Agriculture only): no cost
Parcel Sketch (or provide an aerial on an add'I sheet)
♦ = Existing Access 0= Proposed Access
PROPOSED ACCESS
5
T
N
EXISTING ACCESS
Description of Work or Reason for Permit
Single driveway was used to service two parcels owned by a single individua
Now i have purchased the parcel where my house is to be built.
Need to add a new driveway to access County Road 5 from my new build.
By accepting this permit, the undersigned Property Owner/Authorized Agent, under penalty of perjury, verifies they have received all
pages of the permit application; they have read and understand all the permit requirements and provisions set forth on all pages. By
virtue of their signature the Property Owner/Authorized Agent is bound by and agrees to comply with all said permit requirements
and provisions, all Weld Countordinances, and state laws regarding access construction.
Signature
David Hofmeister
Printed Name
Signature Printed Name
(In case of multiple Property Owners/Authorized Agents)
Date
Date
(9/17/18
1
• Access Permits are good for 1 year from the date of issuance. Property Owner/Authorized Agent must obtain a new
permit or request an extension if the construction of the access point is not completed in that timeframe.
• Extensions are subject to approval by Public Works
• County regulations on road access can be found in Article V of Chapter 12 of the Weld County Code.
Hello