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Home My WebLink About20162072.tiffRESOLUTION RE: GRANT APPEAL OF THE DECISION OF THE DEPARTMENT OF PUBLIC WORKS CONCERNING AN APPLICATION FOR ACCESS PERMIT - WILLIAM AND SUSAN LAKE 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, the Board of County Commissioners has received an appeal from William and Susan Lake, concerning the decision by the Department of Public Works to deny an Access Permit, for an additional access for the new Lots A and B in relation to Recorded Exemption, RECX16-0063, 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 William and Susan Lake, and thereby approve and issue Access Permit, AP16-00075. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of William and Susan Lake, be, and hereby is, granted and the decision of Department of Public Works be, and hereby is, amended to approve and issue Access Permit, AP16-00075. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dcie. Stc JC1d4; K. Weld County Clerk to the Board BY AP County Attorney Date of signature: Z u'Coi a© Mike Freeman, Chair Sean P. Co ay, Pro-Tem /72--("' Julie A. Cozad Steve Moreno CC, PLO CF-C/TL) OPPL. '71 a6/0Ctro 2016-2072 EG0073 MEMORANDUM TO: Board of County Commissioners DATE: June 24, 2016 FROM: Janet Lundquist, Public Works SUBJECT: Access Denial Appeal AP16-00075 Weld County Public Works has received a request for one new access point that was denied. The applicant is requesting one additional access point off of CR 78 west of CR 21. CR 78 is a local roadway and CR 21 is a local roadway. The denial for the access request is due the following: 1. The access would be a net increase of accesses. The parcel currently has four existing access points onto CR 78. Please see the attached aerial map, application materials, and letter from the applicant. The Weld County Code language is listed below: Sec. 12-5-30. Regulation of access onto County roadways. A. One access per lot. Direct access from a public road shall be limited to not more than one (1) per legal lot, except as may be expanded or further limited or restricted by the Board of County Commissioners or staff, as a result of zoning requirements, consideration in land use applications, safety considerations, subdivision regulations, or inability to meet minimum requirements as defined in the Weld County Design Criteria. E Additional access. If a new access is requested to a legal parcel where an existing access already exists, the additional access shall not be approved unless the denial of the new access creates undue hardship on the property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested, one (1) or more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. Page 1 of 1 O:\Access Handouts & Letters\Access Permit Denial 062416.docx 2016-2072 L Arrow 9112 V'Aiw COuuTY ROAD 78 FcRr CCtLII S, CO 80524 970-686-2267 BILL & SUE LAKE May 31, 2016 Weld County Board of Commissioners RE: Variance Request — Continued use of our Five Existing Gates We are writing you to request a variance. We currently have five access gates to Road 78, four of which have been in existence since we purchased the property in 1980 and one that was granted in 1992. Each of these gates are needed for the function of the agriculture program. Below we are stating the need and use for each gate starting with Gate 1 which is the farthest west and going sequentially east. Gate 1: located near the intersection of WCR 19 and WCR 78 — This gate gives us the only access to the west segment of the property. This west 17 -acre area is in a different section than the east part of the property. (The property is in 2 different sections). There is a ditch and wetlands which prevents us from getting to that west property with our large equipment from any other access point so that we are able to maintain the land for irrigation, fertilization, weed control and crop management. This gate has been in existence since we bought the property in 1980 and has been used for agriculture management since and before that time. With lot exemption if approved, we plan to adjust the gate to meet the easement shown in the application. Gate 2: This is the gate that gives us access to our main barn and large equipment that is needed to harvest and manage the crops, and garage storage. The other gates, 3 and 4 are too small and due to trees and other buildings they do not give us access to the road for our large equipment. The only time this gate is used is for the large equipment. Otherwise this gate is kept locked and is not accessible. Gate 3: This is the gate that allows access to the 9108 WCR 78 home which is a rental property. We use an internal gate between our small garage and pens to limit access from this area to our main operations area so that we are able to reduce our risk. Without this gate access we would be unable to rent this property and isolate the home from our main operations area. The rental of the home helps us in creating a profitable operation. Gate 4: This is the gate that is most used for the property. Employees, veterinarians, others who are vendors use this gate to service our property and animals. It is the access to the loading chutes and is our main access point, 1t is also the gate for 9112 WCR 78 home. Gate 5: This is the gate that is the main access to the fields on the east side of the property and is used to manage irrigation and crops. in that area we store and sell our hay. As well, we store other equipment and irrigation pipe. This gate is large enough for the large equipment and semi -trucks. We are requesting that we are able to continue to use all of our gates as we have over 24 plus years. The purpose for Gate 1 would be improved to not only manage the agriculture on the 17 acres but to also allow access to the two proposed lots in our exemption application using the proposed easement. We want to align the access with WCR 19 because we believe it would provide for a much safer access, better visibility and a logical place for ingress, egress and regress to the already existing WCR 19 and WCR 78 intersection. Without Gate 1, tie only other option would be to use Gate 2 for access. If we usfd Gate 2, access to the west side of the property would require a significant investment to bridge the ditEh and wetlands on the east side and would be extremely unsafe because that gate is in the valley between two hills and there is very limited visibility as cars come over either of those hills. We currently only use Gate 2 for our large equipment and nothing else due to the safety issue. in conclusion, we are asking that you approve our request for this variance based on the above stated reasons for the need of the existing access points and the fact that the five gates have been in existence and approved for over 24 years. Sincerely, C, William Lake Susan Lake ...',_nt-_tp%._. -,-t.At. P.&'• Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name STEVE PARKS Company KING SURVEYORS Address 650 E. GARDEN DRIVE city WINDSOR state CO zip 80550 Business Phone 970-686-5011 Fax 970-686-5821 E-mail STEVEP@KINGSURVEYORS.COM Parcel Location & Sketch The access is on CR 78 Nearest Intersection: CR 78 & CR 19 Distance from Intersection..9 Parcel Number 0705-- 0-00-017 Section/Township/Range 27&28 / T7N / R67W Is there an existing access to the property? OYES NO 0 Number of Existing Accesses 4 Road Surface Type & Construction Information Asphalt C) Gravel O. Treated o Other Road Rase Culvert Size & Type Materials used to construct Access Construction Start Date Finish Date Proposed Use °Temporary (Tracking Pad Required)/ $75 ()Small Commercial or Oil & Gas/$75 ()Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? Required Attached Documents - Traffic Control Plan -Certificate of Insurance ACCESS PERMIT APPLICATION FORM P cxuo (-7063 Property Owner (If different than Applicant) Name WILLIAM LAKE & SUE LAKE Address 9112 WCR 78 City FORT COLLINS state CO zip 80524 Phone 970-686-2267 fax Email LAKESLARROW@AOL. COM A = Existing Access t N 3 A= Proposed Access oh- WCR 7b AAA o /CR -7 7 Single Residential/$75 °Large Commercial/$15C) Q USR Q RECX/SUBX reS cc u i Olndustrial/$150 ()Subdivision/$150 OPUD Q Other - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages oc the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature Cag f r r� „e7 Printed Name ,3 1 vAi %/Lc Date ear11-.2--70) Approved by Rev!sed Date 6/20110 RECORDED EXEMPTION a+ EXISTING ACCESS POINT PROPOSED ACCESS POINT EXHIBIT K.!:NG St.:RVEYORS 1 l , i C{ j( )- ) 1 f I UJV7 'ROAD 78 LARIMER & WELD CANAL PROJECT NO:20160050 DATE: 3/9/2016 CLIENT: BILL & SUE LAKE DWG: 201 6OO50RE-APP DRAWN: CSK CHECKED: SIP I l r t Hello