HomeMy WebLinkAbout20182369.tiffRESOLUTION
RE: GRANT APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO
DENY ACCESS PERMIT FOR, RECORDED EXEMPTION, RECX17-0221 - ANDREA
HALL AND JONATHON SCHIESTEL
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, RECX17-0221, submitted by the
appellant, Andrea Hall and Jonathon Schiestel, and
WHEREAS, the Board heard testimony and took evidence from Department of Public
Works staff and Andrea Hall and Jonathon Schiestel, and
WHEREAS, upon consideration of such appeal, including a review of all information
submitted by the appellant and the Department of Public Works, the Board deems it advisable to
grant the appeal of Andrea Hall and Jonathon Schiestel, reverse the decision of the Department
of Public Works, and remand the issue back to staff with instruction to issue said Access Permit,
#AP18-00444, and
WHEREAS, Access Permit, #AP18-00444, shall grant access to RECX17-0221 recorded
at reception #4392099.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the appeal of Andrea Hall and Jonathon Schiestel, 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 Access Permit, #AP18-00444.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, Access Permit #AP18-00444, shall grant access to RECX17-0221 recorded at
reception #4392099.
4453716 Pages: 1 of 2
12/14/2018 02:13 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
lIII PPS :V al41'IklkiliAIT RIV1MI Mi h 1I 111
4420999 Pages: 1 of 20 00
08/08/2018 12:53 PM R Fee:$
Carly Koppes, Clerk and Recorder, Weld County, CO
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2018-2369
EG0075
RE: APPEAL FOR ACCESS PERMIT FOR RECX17-0221 - ANDREA HALL AND JONATHON
SCHIESTEL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of July, A.D., 2018.
ATTEST: dodo) ..k.htp; c,C,
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APPRIVED A
Cou "Attorney
Date of signature: 08O3-/8
4453716 Pages: 2 of 2
12/14/2018 02:13 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
mci r m rL'I ;I+� him Hutu:mi Ali:, E 11111
4420999 Pages: 2 of 2
08/06/2018 12:53 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
141W 4 -1 -Ii tirWMj A
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY' COLORADO
7 c_
Ste
Moreno, Chair
Mike Freeman
2018-2369
EG0075
MEMORANDUM
TO: Board of County Commissioners
DATE: July 23, 2018
FROM: Dawn Anderson, Public Works
SUBJECT: Appeal of Access Permit Denial for RECX 17-0221
Weld County Public Works received an access permit application from Andrea Hall and Jonathon Schiestel
in June 2018. The permit application was in connection with a two -lot recorded exemption, RECX17-0221.
The access application requested a residential access for Lot B onto WCR 33. This request was in conflict
with the signed and recorded plat, dated April 18, 2018, that specifically permitted access to both lots A &
B at the non -maintained section line right-of-way CR 80. Furthermore, the access point being requested
was called out as "unapproved access to be closed" on the approved signed plat. Please see the attached
Exhibit A map associated with this access permit/RE.
Public Works staff denied the request for a new access based on the fact that access to this property was
already addressed and approved during the Recorded Exemption process 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.
Upon being informed that the requested access was being denied, Public Works staff received a variance
request and hardship letter from Andrea Hall by email on June 22, 2018, see Exhibit B. In summary, this
letter states that if access is required off of the CR 80 non -maintained right-of-way the family would have a
financial hardship due to the hay field and irrigation pivot being disrupted with the construction of an access
road to the residence.
Furthermore, the access point on WCR 33 as proposed does not meet spacing for a collector roadway.
Public Works staff would request that if access was allowed onto WCR 33 that the access point be moved
south in order to meet the 330' spacing as required by the Weld County Code and the Weld County
Engineering and Construction Criteria.
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, and the criteria that access shall feed onto a lower
classified roadway when applicable.
2018-2369
EGoo-75
WCR 33 is a paved collector road with 80' of right-of-way as identified on the County's functional
classification map. The ADT is 3,901 with 18% of the vehicles per day being trucks.
I'm available to answer any questions you may have.
tan ms County
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NORTH ONE -QUARTER CORNER
SEC 22, T7N, R66W, 6TH Ph(
FOUND A 3 1/4" ALUMINUM CAP
--STAMPED AS SHAWN _
LOT A RECX17-0221
20.48 ACRES GROSS
19.57 ACRES NET
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LS 4392
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CENTER ONE -QUARTER
QUARTER
CORNER SEC. 22. TIN, R66W.
6TH. P.M. FOUND A 3 1/4'
ALUMINUM CAP STAMPED AS
SHOWN
GRAPHIC SCALE
20f' 0 100 200 400
IN FEET )
• met, t• 200 ft.
903 n
6
EXHIBIT A
RECORDED EXEMPTION NO. 0707-22 - 01 RECX 17 - 0221
LOT B OF RECORDED EXEMPTION RECX15-0023 BEING A PART OF THE
NE 1/4 OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 66 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO
COUNTY ROAD 80
60 -FOOT EXISTING R.0 W SECTION LINE
RIGHT OF WAY NOT COUNTY MAINTAINED
CLERK AND RECORDER 10/28/1896 BOOK
48 PAGE 381 RECEPTION NO. 61541
/ 589'31'37"W 2676.97/
i
200GAS
SEPARAYOR`/ /7 ETjK BATTet1
3.5,00'
>T .
150 o0' ,
GAS WEI..,
NN
PIN AND CAP ON 20 -FOOT
OFFESET FROM PROPERTY U
ANGLE POINT
CY
C
CENTER PIVOT •
\\\
-"\8731"3714-611757
LOT A RE -4335
NOT A PART
35 -FOOT EASEMENT'
FOR CENTER PIVOT
TAIL GUN RECEPTION
NO. 3377913
150.00' e--
GAS WENN LL
LOT 8 RECX17-0221
47.03 ACRES GROSS
48.77 ACRES NET
/Q.S6N R66W 0
SIS S14
`` S22- S23
1994
LS 4392
EXISTING ROAD
AVERAGE WIDTH 12'
SETT 3Y37"RP370:76`1'5
NOT A PART
UNAPROVED ACCESS----.-_�
TO BE CLOSED
10 -TOOT FUTURE
RIGHT-OF-WAY COUNTY
ROAD 33 10.00'
EASEMENT FOP AN EXISTING CENTER
PIVOT, UNDERGROUND IRRIGATION LINE
AND UTILITIES FOR THE BENEFIT OF LOT B
/OF RE -4336 AND LOT B Or RE -4335
RECEPTION NO'S 3377913, 3377914
N89 -30.43-E 1320.97'
LINE TABLE
LINE
LENGTH
BEARING
LI
' 24 I'
NQr00'00"E
L2
385.49
N89'31'37_,
L3
203.00
N6E'01'55'W
L4
271.73
N5E'23'37"W
15
223.62
N44'45'411N
L6
375.17
$09.31'37'W
L7
336.58
SO0'51'05'W
18
369.81
S75'29'03E
30.00'
CURVE TABLE
CURVE R
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
Cl
?270.67
111' 23
65'3'00'
SS1'37'S1'w
'202.56
LEGEND
• r0UN0 OR SET ONE -QUARTER CORNFR AS
NOTED
FOUND OR SET CORNER AS NOTED.
FOUND /5 RESAT; WITH YELLOW PLASTIC
CAP PLS 24307
• SET 18' /4 REBAR WITH YELLOW
PLASTIC CAP HAMMER PLS 24307
PROPERTY LINE
,• ROAD RIGHT OF WAY
EXISTING EDGE OF ROAD
• OIL AND GAS SETBACK LINE
EASEMENT LINE
OiINFYOR'4 MOWS
14
ACCESS LOT A & B OF
RECX17-0221
NORTHEAST SECTION
CORNER SEC 22. T7N.
R66W, 6TH. P.M. FOUND
A 3 1/4" ALUMINUM CAP
IN A MOUNUMENT BOX
STAMPED AS SHOWN
30.00'
C
USN
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Q HD G•
tl
fttzTue
Hass
-as -n
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EXISTING ROAD
AVERAGE WIDTH 24'
24.00'
EAST ONE -QUARTER CORNER
SEC. 22. TIN, R66W, 6TH P M.
FOUND A 3 1/4" ALUMINUM CAP
IN MONUMENT BOX STAMPED AS
SHOWN
$A32triCtninTIlOSATE
GARY K. HAMMER A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE Of COLORADO, DO
HEREBY CERTtr• THAT THE SURVEY REPRESENTED BY NIS PLAT WAS MADE 'UNDER MY PERSONAL
SUPERVISION. AND THAT THIS PIA' I.S AN ACCURATE REPRESENTATION THEREOF 1 FURTHER CERTIFY
THAT THE SURVEY AND THIS PLAT COMPLIES WILL ALL APPUCAEAE RULES, REGULATIONS, MD LAWS OF
THE STATE OF COLORADO. STATE BOARD OF REGISTRATT(HN FOR PROFESSIONAL ENGINEERS AND
PROFESSIONA ANTI C'IPI_ AND WELD cry 'NT,'
)sp-zd9
24307 -
FAIT COLORADO REG6TRATION /
LEGAL DECGRI? a
LOT B OF RECORDED EXEMPTION RECX17-0023. BEING PART OF THE NE 1/4 Or SECTION 22. "OWNSIAP 7
NORTH, RANGE 66 WEST OF THE 6TH P.N., COUNTY OF WELD. STATE OF COLORADO.
BASIS or BEARING ASSUMING THE EAST LINE OF THE NE 1/4 OF SECTION 22, TOWNSHIP 7 NORTH. RANGE 66
WEST AS BEARING SOUTH 00'00'00' WEST BETWEEN THE FOUND MONUMENTS AS SHOWN ON THIS SURVEY. ARE`
WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE orfRETO.
CONTAINING A CALCULATED AREA OF 67 SI ACRES
PROPERTY OWNER'S CER11FICATE
wt. THE UNDERSIGNED, BEING THE SOLE 7WNERS IN TEE Or THE ABOVE DESCRIBED PROPERTY. DO
HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP WE JNOERSTANO THK PROPERTY
IS LOCATED IN THE A (AGRICULTURAL) ZONE OSTRICT AND IS ALSO INTENDED TO PROVIDE AREAS FOP
THE CONDUCT Or FINER IV'S BY RIGHT ACCESSORY USES AND USES ET SPECW. REVIEW
!_f,%tt MEI OTOnn/Bl
81155 HEFTRE�L GAR HE
STATE OF COLORADO
) SS
COUNT' OF WELD )
THE FOREGOING CERTIICAATION WAS ACKNOWLEDGED BEFORE ME THS� IIAY OF
OR,201$
MY COMMISSION EXPRRES.[G�Ml9L!riLQZ 01±C/
WITNESS MY HMO AND SEAL
P1
l
Al NIKE V
WPM, RAMC
RATE OF CXXOM70
NOTARY D 20164/304080
COw6-OR WIC imam,' pi Imo
_ ,L!-AH.T*RELIT OF PLANNING Sr fltneFc - ADMINISTRATIVE RFVIF'W;
DIRECTOR. DEPARTMENT Of NANNNG SERVICES
STATE OF' COLORADO i
SS
COUNTY OF WELD 1
THE FOREGOING CERTIFICAT(IOON WAS AAC�BL KNOWL EDGED FUrt
MY COMMISSION EXPIRES _j -16`o
WITLESS MY HAND AND SEAT
I. BASIS OF BEARING: ASSUMING THE EAST LINE OF THE NE I/4 OF SECTION 22. TOWNSHIP 7 NORTH.
RANGE 66 WEST AS BEARING SOUTH 00'00'00" WEST BETWEEN THE FOUND MONUMENTS AS SHOWN ON THIS
SURVEY AND WITH All OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO.
2 ALL DISTANCE MEASUREMENTS SHOWN ARE N U.S SURVEY COOT
3 FOR EASEMENTS AND RIGHTS OF WAY HAMMER LAND SURVEYING RELIED ON WELD canto, 'Ems WEBS!TE
'<flew-
PLANNING
CERVICES FOP
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LOT
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VICINITY MAP 1" 2000'
GENERAL NOTES
I) ALL PROPOSED OR EXISTING STRUCTURES WILL OR DO MEET THE MINIMUM SETBACK ANC OFFSET REQUIREMENTS
FOR 'HE ZONE DISTRICT IN WINCH THE PROPERTY IS LOCATED. PURSUANT TO THE DEFINITION or SETBACK IN THE
WELD COUNTY CODE. THE REOIAREr SETBACK IS MEASURED FROM THE WI 'IRE RIGHT-OF-WAY lNE
VINO BUILDING OF STRUCTURE AS DEFINED AND JMVTE) TC THOSE OCCUPANCIES LISTED AS GROUPS A B, E. r
H, I, M ANC R IN SECTION 307 1 OF THE 201? INTERNATIONAL BI MONO CODE, SHALL BE CONSTRUCTED WITHIN A
200 -FOOT RADIUS OF ANY TANK BATTERY OR WITHIN A 150 -FOOT RADIUS OF ANY WEIHEJM OR WHIN A 25 -FOOT
RADIUS OF ANY PLUGGED OR ABANDONED OIL AND GAS WELL ANY CONS -RUCTION WITHIN A 200 -FOOT RADIUS OF
ANY TANK BATTERY OR 150 -FOOT RADIUS OF ANY WELLHEAD SHALL REWIRE A VARIANCE FROM THE TERMS or THIS
CHAPTER N ACCORDANCE *TN SUBSECTION 23-6 - IOC OF THIS CODE
2) ANY FUTURE STRUCTURES OP USES ON SITE NAJST OBTAIN THE APPROPRIATE ZONING AND BUILDING PERMITS
3) LOT A IS NOT ELIGIBLE FOR A FUTURE LAND EXEMPTION N ACCORDANCE WITH SECTION 74- N - 20.C 1 Or THE
COUNTY CODE
4 TIE LARGEST LOT OF ANY RECORDED EXEMPTION MAY NOT SE LESS THAN THIRTY -ENE (35) ACRES NET UNLESC
BY TIE WELD coUNTY BOARD OF COMMISSIONERS N ACCORDANCE WITH SECTION 74-$-40.P OF THE
WELD COUNTY GOOF
5) THE ACCESS WnA BE UTILIZING UNMAN -DINED COUNTY RIGHT-OF-WAY MAINTENANCE OF THE UNION TAMED
COurrr RIGHT -O -WAY mu NUT EE THE RESPONSIBILITY Or WELD COUNTY
6; WELD COUNTY WILL NOT REPLACE OVERLAPPING EASEMENTS LOCATED WITHIN COSTING RIGHT-OF-WAY OR PAY
TO RELOCATE EXISTING UTUTES WRNN THE EXISTING COUNTY RIGHT -OF --WAY
7) AC(.tSsts ON THE SITE SHALL BE MAINTAINED TO MITIGATE No IMPACTS TO TINE PUBLIC ROAD INCLUDING
DAMAGES AND/OR OFFSITE TRACKING
8) ANY WORK THAT MAY OCCUPY AND/OR ENCROACH UPON ANY COUHI" RF^.HOS-OF-WAY OR EASEMENT SWILL
ACQUIRE AN APPROVED RIGHT-OF-WAY USE PERMIT PRIOR TO COMMENCEMENT
9) THE PROPERTY OWNER SHALL CONTROL NOXIOUS WEEDS ON THE SITE
T0) THE HISTORICAL FLOW PATTERNS AND RUNOFF AMOUNTS WILL BE MAINTAWEU ON THE SITE
11) PRIOR TO THE RELEASE OF BUILDING PERMITS, THE APPLICANT SHALL sumMr A RECORDED DEED DESCRIBING
THE LOT UPON WHICH THE SUM DING PERMIT 15 REQUESTED WITH THE BUILDING PERMIT APPLICATIONS. THE LEGAL
DESCRIPTION ON SUCH DEED SHALL NCLUOE THE NOT DESIGNATION AND THE RECORDED EXEMPTION NUMBER
12) PRIOR TO THE RELEASE OF BUILDING PERMITS. THE APPLICANT SHALL SUBMIT EVIDENCE TO THE DEPARTMENT
OF PLANNING SERVICES THAT LOT B HAS AN ADEQUATE WATER SUPPLY OF SUFFICIENT QUALITY. QUANTIFY AND
DEPENDNBIUTY
13) POTENTIAL PURCHASERS SHOULD BE AWARE THAT GROUNDWATER MAY NO- MEET ALL ORINKTNC WATER STANDARDS
AS DEFINED BY THE COLORADO DEPARTMENT Or PUBLIC HEALTH AND ENVIRONMENT. THE WELD COUNTY DEPARTMENT
OF PUBT.:C HEALTH AND ENVIRONMENT STRONGLY ENCOURAGES WELL USERS To TEST 'HER DRINKING KING WATER PRIOR
TO CONSUMPTION AND PERIOCICALLY THEREAFTER
14) POTENTIAL PURCHASERS SHOULD BE AWARE THAT APPROVAL OF THE. RECORDED EXEMPTION DOES NoT
GUARANTEE THAT WELL PERMITS WILL SE ISSUED FOR THE LOTS. ANY LOT MAY BF DEEMED NON -BUILDABLE 1F THE
LOT OWNER IS UNABLE TO OBTAIN A WELL PERMIT THE STATE DIVISION OF WATER RESOURCES ISSUES AU WELL
PERMITS
15) BUILDING PERAATS SHALL BE OBTAINED PRIOR TO THE CONSTRUCTION Or MY BUILDING BUILDINGS THAT MEET
THE DEFINITION OF AN AGRICULTURAL MART BUILDING. PER THE REQUIREMENTS of SECTION 29-1-20 AND SECTION
29-3-20 B. •3 OF THE WELD COUNTY CODE DO NOT NEED BUILDING PERMITS. HOWEVER. A CERTIFICATE OF
COMPLIANCE MUST SE FILED WITH THE DEPARTMENT Of PLAN*ANC SERVICES AND AN ELECTRICAL AND/OR PLUMBING
PERMIT 6 REQUIRED FOR ANY ELECTRICAL SERVICE TO THE SMITING OR WATER FOR WATERING OR WASHING OF
LIVESTOCK OP POULTRY
16) BUILDING PERMITS ISSUED ON THE PROPOSED LOTS WILL BE REQUIRED TO ADHERE TO DIE FEE STRUCTURE OF
THE COD.INTY-WIDE ROAD IMPACT FEE PROGRAM
I7) BUILDING PERMITS ISSUED ON THE PROPOSED LOTS WILL BE REQUIRED TO ADHERE TO THE FEE STRUCTUPE "r
THE COUNTY FACILITY FEE AND DRAINAGE IMPACT FEE PROGRAMS
18) REST TO EXTRACT MINERAL RESOURCES STATEMENT: WELD COUNTY HAS SOME OF THE MOST ABUNDANT
MINERAL RESOURCES. NCLUDING BUT NOT 'ANTED TO. SAND AND GRAVEL OIL, NATURAL GAS AND COAL. JNOER
TITLE 34 or THE COLORADO REVISED STATUTES. MINERALS ARE VITAL RESOURCES BECAUSE (o) THE STATE'S
COMMERCIAL MINERAL DEPOSITS ARE ESSENTIAL TO THE STATE'S ECONOMY: (b) "NE POPULOUS COUNTIES Or THE
STATE FACE A CRXIICA_ SHORTAGE OF SUCH DEPOSITS; AND (c) SUCH UEH'usns SHOULD 9E EXTRACTED ACCORDING
TO A RATIONAL PUN. CALCULATED TO AVOID WASTE OF SUCH DEPOSITS AND CAUSE THE LEAST PRACTICABLE
DISRUPTION or THE ECOLOGY AM) QUALITY OF LIFE OF THE CITRENS Or THE POPULOUS COUNTIES Or THE STATE
MINERAL RESOURCE LOCATIONS ARE WIDESPREAD THROUGHOUT THE COUNTY AND PERSONS MOVING INTO THESE
AREAS MUST RECOGNIZE NE VARIOUS IMPACTS ASSOCIATED WITH THIS DEVELOPMENT OFTEN TIMES, MINERAL
RESOURCE SITES ARE FIXED TO THEIR GEOCRAruEN. AND GEOPHYSICAL LOCATIONS. MOREOVER. THESE RESOURCES
ARE PROTECTED PROPERTY RIOH'S AND WNFRAL OWNERS SWIM 0 EE wrOROEC THE OPPORTUNITY.' TO EXTRACT Tar
MNERJAL RESOURCE
19) WELD COUNTY'S RIGHT TO FARM WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICAATURAL COUNTIES
N THE UNITED STATES. TYPICALLY RANKING IN THE TOP TEN COUNTIES IN NE COUNTRY IN TOTAL MARKET VALUE
OF AGRICULTURAL PRODUCTS SOLD THE RURAL AREAS OF WELD COUNTY MAI BE OPEN AND SPACIOUS, BUT THE"
ARE AVERSIVELY USED FQR APICULTURE. PERSONS MOVING INTO A RURAL AREA MUST RECOGNIZE AND ACCEPT
THERE ARE DRAWBACKS. INCLUDING CONFLICTS WITH LONG-STANDING AGRICULTURAL PRACTICES AND A LOWER LEN
OF SERVICES THAN IN TOWN ALONG WITH THE DRAWBAOCS COME THE INCENTVE5. MIK71 ATTRACT URBAN
DWEI LEFTS TO REI MATE in PORN AREAS OPEN MEWS, SPACJrI19CESC TWLDLIrt. LACY OF pr. NOISE ANC
CONGESTION. MO THE RURAL ATMOSPHERE AND WAY or LIFE. WITHOUT 14E(DIBORING FARMS, THOSE FEATURES.
*WV: ATTRACT URBAN DWELLERS To RURAL NV D COUNTY. WnULD OPENLY NE WIN 'ORFVER
AGRICULTURAL USERS Or LANG SHOULD NOT BE EXPECTED TO CHANGE 'NEIL LCNG-ESTABL 19€) AGRCULTURAl
PRACTICES TC ACCOMMODATE THE INTRUSIONS OF URBAN USERS INTO A RURAL AREA WELL RUN AGRICULTURAL.
ACTIVITIES WILL GENERATE OFT -SITE IMPACTS, INCLUDING (NOISE FROM TRACTORS AND EOLPPMENT: AOw-MOVING
FARM VEHICLES ON RURAL ROADS; DUST FROM ANIMAL PENS, me WORK, HARVEST. AND GRAVEL ROADS. ODOR
FROM ANIMAL CONFINEMENT. SILAGE. AND MANURE: SMOKE FROM DITCH BURNING. ELK'S ANO MOSOUITM5, NNTNr
AND TRAPPING ACTIVITIES. SHOOTING SPORTS. LEGAL HATING OF NUISANCE WILDLIFE, AND TIC USE Or PESTODE<
AND FERTILIZERS IN THE WIELDS, INCLUDING THE USE OF AERIAL SPRAYING IT 'S COMMON PRACTICE FOR
AGRICULTURAL PRODUCERS TO UTILIZE AN ACCIJMLILATION CS AGRICULTURAL MAOHNERY AND SUPPLIES TO ASSIST T.
THEW AGRICULTURAL OPERATIONS A CONCENTRATION or MISCELLANEOUS AGRICULTURAL MATERIALS OFTEN
PRODUCES A VISUAL DISPARITY BETWEEN RURAL AND URBAN AREAS OF THE COUNTY SECTION 35-.35-102, CR.S.,
PROVIDES THAT AN AGRICULTURAL OPERATION SHALL NOT BE FOUND TO BE A PUBLIC DR PRIVATE NUISANCE It THE
AGRICULTURAL OPERATION ALLEGED TO BE A NUISANCE EMPLOYS METHODS OR PRACTICES THAT ARE COMMONLY OR
REASONABLY ASSOCIATED WT14 AGRICULTURAL ARODUrwo
WATER HAS BEEN. AND CONTINUES TO BE. THE LIFELINE FOR THE AGRICULTURAL COMMUNITY T 15 t.NREAUSTTC tT
ASSUME THAT DITCHES AND RESERVERS MAY SIMPI Y BF MOVED -0UOF THE WAY OF RESIDENTAL DEVELOPMEN'
WHEN MOVING TO THE COUNTY, PROPERTY OWNERS AND RESIDENTS MUST REALIZE THEY CANNOT TAKE WATER Mr.)
IRRIGATION N DITOIES. LAKES, OR OTHER STINGY -FIRES UNLESS THEY HAVE AN AD JUINCATED RIGHT TO THE WATER
WELD COUNTY COVERS LAND AREA OF APPROXIMATELY FOUR THOUSAND (4.'.700) SOU ARE MALES IN 97( I, TWICE 1.1
STATE OF DELAWARE) WIN MORE NAN 3,700 MILES OF STATE AND COUNTY ROADS OUTSIDE (1r MUNICPAUTES
THE SIC MAGNITUDE OF THE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES LAW ENFORCEMENT IS
BASED ON RESPONSES TO COlPLA'NTS MORE THAN ON PATROLS or ENE AUNTY AND THE DISTANCES WHCH RUC'
BE TRAVELED MAY DELAY ALL EMERGENCY RESPONSES, INCLUDING LAW ENFORCEMENT, AMBULANCE. AND FIRE PRE
PROTECTION 'S USUALLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS AND FAMILIES TO RESPOND TO
EMERGENCIES COUNTY GRAVEL ROADS. NO MATTER NOW OFTEN THEY ARE BLADED, FALL NOT PROM( THE SAME
KIND Or 9JRF ACE EXPECTED FROM A PAVED ROAD. SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM
SUBdVISIONS TO ARTERIALS MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM. SERVICES IN
RURAL AREAS. N MANY CASES. MIL NOT SE EQUIVALENT TO MUNICIPAL SERVICES RURAL DWELLERS MUST. WY
NECESSITY RE MORE SELF-SUFFICIENT NAN URBAN DWELLERS
PEOPLE ARE EXPOSED TO DIFFERENT HAZARDS IN THE COUNT' THAN IN AN URBAN OR SUEURBAN SETTING. FARM
EQUIPMENT AND OIL FIELD EQUIPMENT. PONDS AND IRRIGATION DITCHES. ELECTRICAL ^0WER FOR PUMPS AND CENTER
PIVOT OPERATIONS. INCH SPEED TRArr1C. SAND BURS. PUNCTURE VINES. TERR'TORIAL FARM DOGS, AND LIVESTOCK.
AND OPEN BURNING PRESENT REAL THREATS. CONTROLLING CHNDREN's ACTVITES IS IMPORTANT NOT ONLY rr
THEIR SAFETY BUT ALSO FOR THE PROTECTION OF THE FARMER'S UVEU H00D
AcCCWAW:. TO COLORADO LAW YOU MUST COMMEIKI ANY LEGAL ACTION 94SED UPON ANY DEFECT
NTS SURVEY WITMN THREE YEARS AFTER YOU FIRST OISCOVERF7 SUCH DEFECT .N NC FVEM
MAY ANY ACTION BASED UPON ANY DEFECT BE COrot.HCET1 MORE 'WIN TFN TrARS FROM THE
"RATE Y CERTW'CATION SHOWN HHEREONN.
(TIENT: RUSS AND GAIL HERRELL
HAMMER LAND SURVEYING, INC.
3050 67TH AVENUE, SUITE 200
GREELEY, CO 80634
PH: 970-535-9318
RECORDED EXEMPTION
SECTION 22, TOWNSHIP 7 NORTH,
RANGE 66 WEST. 6TH P.M.
SECTION 22, TOWNSHIP 7 NORTH
PANGS 66 WEST, 6TH P.M.
DATE: 2/14/18
JOB#06011
RECX17-022i
EXHIBIT B
To whom it may concern:
This is a letter to address a hardship variance to our recently purchased property. We recently
submitted an access application that was denied due to the most recent recorded exemption
RECX17-0221 which designated access to lot B via county road 80. Our lot B is shaped very
irregularly. As you can see by the 7 pictures submitted that the 200 feet to which our property
runs horizontal with county road 80 is very limited. This pan of our property has 2 telephone
poles and an oil tank in this area. Additionally, a hay field buts up to this gravel area. When you
enter county road 80 there is a telephone pole in the middle of the gravel road along with wires
running to the ground from the pole. (2 attached photos). This will also preclude us access with
any sort of large vehicle i.e. semi -tractor trailer or a truck and trailer or tractors attached to the
trailer. There is a farm crop on the north side of county road 80 and this gravel road does not
provide sufficient room for these types of vehicles along with the utility poles in this area
The purchase of this property was to have a hay farm. There is only a small building envelope in
which a home can be built so as not to disturb our lively hood of a hay farm. Additionally, we
would be required to travel through our hay production field which is irrigated by a pivot. This
would require us to down size the pivot which effects not only our property but 3 other parcel
owners besides our property.
It was our understand that Russ Herren the owner of lot A submitted document I to the county.
We were never told that the county had an issue with this proposal. As you can see by the email
correspondence between Mr. Herrell and ourselves he stated "they seem to think we are wanting
a shared access to both lots and want an agreement between the parties agreeing to that. We are
going to get that straightened out. We will take the non-exclusive rights agreement for CR 80
that is filed for access to Lot A; and an access to Lot B from CR 33."
We were told repeatedly by our relator that the location didn't matter that it could be taken care
of once a permit was applied for. Now we are being told no such thing. We were under the
understanding that we would always have access to our property via county road 33. According
to the email we received on February 5, 2018 the confusion by the county would be cleared up.
After speaking with Morgan Gabbert this was not the case as according to the plot map that was
signed by the Herrell's on April 17, 2018 it states that we would access our property off of
county road 80 and that the access off of county road 33 would be closed.
I have attached a picture of all the drive ways near our property on county road 33. There is a
drive way on the east about 75 feet north of our property line (3892 County Road 33). 2
driveways on the west about 75 feet north of that. Mr. Herrell's driveway to the north of that on
county road 80 and another drive way on the east side of county road 33 just north of county
road 80. All 5 of these drive entrances are all within about 200 feet of each other. It would seem
more logical to have the entrances closer together so as to reduce the amount of time people have
to speed up between entrances to properties.
This will be an extreme hardship and a loss of income if we are required to put a drive way
between oil well tanks and drive through our hay field which has a pivot and end gun running
through it during the months of April- October.
We would request that access to the property off of County Road 80 be closed and that we be
granted access to Lot B via county road 33. Please Lind attached the pictures where we are
requesting access to our property off of county road 33. These pictures are taken about 230
feet from 3892 County Road 33.
Access can be made and it is safe ingress and egress to a public road.
Please let me know if you have any questions.
Sincerely.
Andrea M. Hall
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 fd(/(AjJ 4
Company
Address�.{G 1 (.7(LC �.Ccc� �{ N/(,j
City/,(,jV1��,(rfry;( State et Zip CC,Si�
Phone ql()-Pika91
7
Fax 16 —196k
—If
E-mailf.(, Af l41 \G(/1U(]. L-i
Parcel Location
The access is on WCR
trIP
>
io 6.5
Nearest Intersection: WCR 99 V& WCR
Dist. from Intersection (approx. in ft.)
ACCESS PERMIT
APPLICATION FORM
thorized Agent/Applicant (if different from Owner)
Ma ,/{, �t (.Mill ame
Company
Address
City State Zip
Phone
Fax
E-mail
Existing County Road Surface Information
Asphalt ✓ Gravel Treated Other
Proposed Access Information
Parcel Number(s) Culvert Size & Type (15" CMP/RCP min.)
Section/Township/Ran sic 22 1/V 6;40 WX4taterials used to construct access
Total # of Existing Accesses to parcel
Proposed Use
Temporary (Tracking Pad Required) (#)
_: Small Commercial (#)
Field (Agriculture Only) (#)
Access Construction Start Date
Access Construction Finish Date
.a'�ingle Residential (#)
Large Commercial (#)
Subdivision (#)
Is this access associated with a Planning or Building Department Process?
USR/MUSR RECX/SUBX E PUD WOGLA -i COMPLEX (IA required)
Planning/Building Department case #
Oil & Gas (#)
-. Industrial (#)
Other
'>lKit
Required Attached Documents
- Traffic Control Plan (a generic plan can be found at https://www.weldgov.corn/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
WCR
Description of Work or Reason for Permit
cc
u
„ A/o' p /(J•e Aldo cize_f/_• a."1, -
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 County ordinances, and state laws regarding access construction.
Signat re �� /� , d _� Printed Name 6-4- If-
f Date
Signatu
(In cas,of.
Printed Name
Itiple Property Owners/Authorized Agents)
Date
• 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.
Pin: NW corner
Section 22 T7N,
R66W, 6th PM
fisting
omestic
«? Well
Section lines
Lot lines
Oil/gas easements
Herrell RECX1S 0023
.
I d5 pipeline
Existing power/water/service
easements
essa To be added easements
Section corner
Marker in CR33
WCR. 80 ROAN (dirt road)
Pivot service
easement
RECX15-OO23 full view
20 ac / 48 ac split proposal
38 953
xtst;n
Access ram
anmAmiaresr *As ••• grign
Proposed
Lot B access
to CR33
ala Off record
On record
C
Off Record Easements
1. Electric line from power pole to irrigation pump for farm to north. Line is buried.
Line will be on Lot A after the split. Not recorded.
2. Bayswater oil well tank farm and equipment area. Lot B. Not recorded.
3. Bayswater oil/gas flow lines and surface access easements. Lot B. Not recorded.
Raw natural gas pipeline; Both Lots. Recorded.
5. NWCW water tap easement across Lot B to Lot A. Will be recorded after split.
6. Underground irrigation mainline from pivot to Lot A. Will be recorded after split.
ng buried power teed t�.:.` common ir-rig 0orx pump Lot h Recorded.
8. Underground power feed to common pivot and one to neighbor's pivot to SW.
Also contains an abandoned pivot mainline feedline. Lot B. Not Recorded.
maintenance' g.:�p .,emeE' t Lot B. Recorder .
,_.,,t -rent n irrigation mr iniiii _ p seine E from pump to corm -non pt\t` t. No
on either Lot A or Lot B. Recorded on adjoining property plat.
Note: Abandoned feedline in '8' is still connected near base of pivot to the new
feedline in '10'. This abandoned feedline is currently seeping when pump is run. This
connection will be severed and capped when mainline in '6' is installed.
Note: Code requires 150' minimum distance from well head to buildings and
permanent structures. Not really an 'easement', but shown for completeness.
6/16/2018
amhtznu/ yahoo.com • Yanoo Mail
Find messages, documents, photos or people
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Synced Messages
Tory Burch
Po rued by a no
tali Ridge prcgel,
Wedding
JV!tre'S bVhisoei
Fwd' Survey
(ahoo!o Jr prcp
w Matt Miller r. mattsellsnrxn'n�grnail Cl ,, ; at -.2
To: And,ea
Here's what I got from Gregg this morning. He says the county was
questioning the access to the rots, ,He and Russ are going to clarify
with them that the access to each lot will be exclusive and not shared.
Otherwise. things are moving forward and I'll keep checking back to
see when he's gotten info from the surveyor
Matt Miller
Caldwell Banker
970-310-5985
Forwarded message
From- gentftci grnai� com>
Date. Mon, Feb 5. 2018 at 1O22 AM
Subject. RE Survey
To. Matt Miller <mattseilsnoco@grnail c.om>
No drawings or plats
We did receive a comment from the county. They seem to think we are
wanting a shared access to both lots and want an agreement between
the parties agreeing to that,
We are going to get that straightened out We will take the non-
exclusive rights agreement for CR 80 that is filed for the access to Lot
A. and an access to Lot B from CR 33
Gregg Merrell
Resident Realty
970-237-9683
From: Matt Miller [mailto,mattsellsnocoiW./mad col f
Sent: Monday, February 5, 2018 8:53 AM
To: Gregg < agen he§grrail om>
Subject: Survey
Good Morning Gregg and Happy Monday,
I just wanted to check in and see if you had received any
documentation in regard to the survey Tnarks'
Matt Miller
Coldwell Banker
970-310-5985
• andrea hall amhtznu!Z yahcr -o� - er. ; �r '
To: lonathor Scniestel
If God brings you to it • - - He will bring you through t
Matt Miller
970; iii -s ks,
httpel:mail.yahoo com/d/folders:48imessages• 125529
RECORDED EXEMPTION NO. 0707-22-01 RECX17-0221
LOT B OF RECORDED EXEMPTION RECX15-0023 BEING A PART OF THE
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HAMMER LAND SURVEYING, INC.
3050 67TH AVENUE., SUITE 200
GREELEY, CO 80634
PH: 970-535- 9318
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RECORDED EXEMPTION
SECTION 22. TOWNSHIP 7 NORTH.
RANGE 88 WEST, 8TH P.M.
SECTION 22, TOWNSHIP 7 NORTH
RANGE 66 WEST. 6TH P.M.
!JOH06011
DATE: 2/14/18 RECX17-0221
Thisis etitralicet:
looking east on count,''
mad 80. As you cans.
see the wires on the
hone pole in t
tmddk of the road
Photo taken shooting
to s arils county road 33
and our building area for
our future home."
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hoto taken from west
o east on county road
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Photo taken looking south
into our property and ha
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Photo taken west to east on
county road 80 showing
the small road and another
field to the north of our
small part of our property
oncounty road 80.
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'his shows that our proprt`
n county road 80 is all hay
field and no ability to put a
road to our property where
uildin ; needs to take place.
Another picture of omit *s
property tookin" towards
count% road 3
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