HomeMy WebLinkAbout20163737.tiffRESOLUTION
RE: GRANT APPEAL CONCERNING REQUEST FOR ADDITIONAL ACCESS, PERMIT
AP16-00494 - DAVIS AND MARCY GRUBER
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 Davis and
Marcy Gruber, concerning the decision by the Department of Public Works to deny the application
for an Additional Access, AP16-00494, proposed for one additional access point off of County
Road 53, and
WHEREAS, pursuant to Weld County Code Sections 2-4-10 and 12-5-100, such appeal
to the Board is considered to be "de novo," and
WHEREAS, upon consideration of all of the evidence presented, including a review of all
information submitted by Mark Drouhard — LANDPRO on behalf of Davis and Marcy Gruber, and
the Department of Public Works, the Board deems it advisable to grant the appeal and approve
access permit, AP16-00494, proposed for one additional access point off of County Road 53.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the appeal of Davis and Marcy Gruber, concerning Access Permit,
AP16-00494, be, and hereby is, granted and the permit be issued.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of December, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Cam( Cd;ok
Weld County Clerk to the Board
BY:
APPRO
cf ty At orney
Date of signature: Va 19a/
I6
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Line A.
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XCUSED
arbara Kirkmeyer
Steve Moreno
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O1/O3/11
2016-3737
EG0073
MEMORANDUM
TO: Board of County Commissioners DATE: November 30, 2016
FROM: Janet Lundquist, Public Works
SUBJECT: Access Denial Appeal AP16-00494
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 53 south of CR 46. CR 52 is a collector roadway with 1269 vpd with 45% truck traffic
and CR 21 is a local roadway with 134 vpd with 24% truck traffic. The denial for the access request is due the following:
1. The access would be an additional access. The parcel currently has two existing access points one residential access
on CR 53 and one O&G/AG access on CR 46. Please see the attached 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. 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.
F. 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.
2016-3737
O:\Access Handouts & Letters\Access Permit Denial 113016.docx
11/10/16
To: Public Works —Access
RE: Variance or Appeal to approve a new Residential/Ag Access on WCR 53
as submitted with RECX16-0166
Janet Carter:
It has come to our attention that Public Works does not want to grant a Residential Access on our
Recorded Exemption Application (RECX16-0166), but just an gag access on WCR 53. The owners, Marcy
and David Gruber, along with Mark Drouhard, LANDPRO, Agent for owner, are asking for Public Works
to re -consider and grant a Residential Access along WCR 53 as per our Recorded Exemption Application.
LANDPRO was informed by Public Works that our request in the RE Application was to be denied for
residential, but allow for ag only access and that the residential access would be restricted to the NW
corner, coupled with the existing O&G access, along WCR 46, which is not desirable. This existing access
is an older O&G access which was put along the ditch to minimize impact on farm/land years ago, prior
to owner's ownership.
Furthermore, the impact of the large O&G facility and O&G traffic in and out of the multiple accesses on
the north side of WCR 46, is not desirable for the owner both from safety and is un-aesthetically
appealing. We are requesting the access submitted on the Recorded Exemption be a residential/ag
access and not just an ag access, furthermore, we feel we have met the criteria for granting this access,
being 800' from the intersection of WCR 46 & 53, adjacent and across from another access on the east
side of WCR 46. This request is for one residential access. Lastly, we would request the existing O&G
access be left where it is for the O&G company, it was brought to our attention that we needed to work
out a deal with them to move their access, we have no interest in this for a number of reasons, not
practical nor justified. Please consider our request.
Regards,
Mat tliffilkflPf
iLce..CO. r i,
Marcy Gruber, wner David Gruber, Owner
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 Mark Drouhard, Agent/Rep
Company LANDPROFESSIONALS, LLC
Address 103 Blue Heron Ct, Mead, CO 80542
Business Phone 970.381.6307
Fax 303.772.1286
E-mail mark@landpros.net
Parcel Location & Sketch
The access is on WCR_46 & 53
Nearest Intersection: WCR _46 _ & WCR 53
Distance from Intersection proposed 650'+ -
Parcel Number 105317000017
Section: 17 Township: 4N Range: 64W
k, SO O
Is there an existing access to the property? YES
Number of Existing Accesses: 2, one residential, one O&G,
Road Surface Type & Construction Information
Asphalt _x_ Gravel _x_ Treated Other
Culvert Size & Type n/a
Materials used to construct Access_gravel
Construction Start Date Finish Date
Proposed Use
o Temporary (Tracking Pad Required)/ $75
o Small Commercial or Oil & Gas/$75
❑ Field (Agriculture Only)/Exempt
AilcrooVrei
ACCESS PERMIT
APPLICATION FORM
FcKI G -G/6
Property Owner (If different than Applicant)
Name Davis and Marcy Gruber
Address 6002 CR 24, Walden, CO 80480
Phone
Fax
E-mail_ mtnmarcy@skybeam.com
♦ = Existing Access a= Proposed Access
T
N
wa
float
WCR
Single Residential/$75
o Large Commercial/$150
o Industrial/$150
❑ Subdivision/$150
Is this access associated with a Planning Process? o No ❑ USR XRE ❑ PUD ❑ Other
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit
application; they have read and understand all of thq Permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the A$plicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with '(I said permit requirements and provisions, all Weld Clnty ordinances, and state laws
regarding facilities consyru ion.
Signature
0...4....E n -s.. c/1n/in
cis/ r Printed Name
Z./wane-4i
4.
Describe how the property is being used. (Example - "The parcel has one house, one mobile home for
the hired hand permitted under Mobile Home Permit # ZPMH-123, two barns, and one loafing shed. The
north half is currently used for pasture for one -hundred head of cattle and ten horses. There is an oil and
gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated
and currently planted in alfalfa.")
This 23 acres has one home, shed and corrals which is proposed to be split off onto 5 acres, remaining 18 acre parcel
will be vacant and continued to be in dryland pasture and ag production with possible building of home down the road.
This is O&G facility in the northwest corner.
5. Describe the vehicular access to the new and existing lots? (Example — "Each lot will have individual
driveways off of County Road 72" or "All tots will share the existing access point off of County Road 59")
Proposed 5 acres: Existing Access for the proposed 5 acre lot with home located off WCR 53.
Proposed 18 acres: existing O&G access in the NW corner off WCR 46. A new access for the 18 acres is proposed
off of WCR 53 which would be the primary access for the 18 acres. The existing O&G access in the NW corner is not
desirable for the 18 acre parcel and would only be used for existing O&G and ag access.
6. Describe the location, size, of the new lot(s). (Example - "The property will be split into one five (5) acre
lot and one 40 acre lot.°)
Existing 23 acre parcel
Proposed 5 acre parcel (Lot A) with the home and shed
Proposed 18 acre parcel (Lot 8) being vacant dryland pasture and possible future building site
7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills,
ditches. Exam le - "The ABC ditch runs dia onally across the southeastern quarter of the propert
none, rural area next to a dairy facility on the west and a highly impacted busy O&G facility to the north and industrial
truck company to the east.
8. Is there a business or Use by Special Review permit on the property?O YO N °UNKNOWN
If YES, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR12-1234 for my
concrete business will be vacated as my son is moving the business and equipment to his property
outside of Weld County.")
none
Page 18
Attached to Access Permit for David and Marcy Gruber Recorded Exemption
Existing O&G Access on WCR 46 located NW corner of Proposed Lot B
Looking back into the existing O&G access on WCR 46 (NW Corner)
Looking right or east from the O&G access entrance (NW corner)
t.:
At_ 1. 'Looking left or west from the 0&G Access Entrance (NW Corner)
Existing Residential Access for Proposed Lot A (home on 5 ac)
Looking into the existing res. access off WCR 53
Looking right or south down WCR 53
Looking left or north down WCR 53
t
Proposed new access for proposed Lot B (18 acres) off WCR 53
5
-taw .
ark
Looking into proposed Access off WCR 53
Looking left or north
ooking right or south
Owner: Davis and Marcy Gruber
Legal of Existing Parcel: Lot% of RE -765 being part of the NE4, Section 17, T4N, R64W
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SURVEYING
IRECORDED EXTMPTION NO.
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1053 -17 -I -RE 765 F�/` ,�`��88
A portion of the Northeast Quarter of Section 17,
Township 4 North, Range'' 64 West of the 6th P. M.
Weld County, Colorado.
ISIS OF BEARINGS -Considering_ the
East, line • of. Sad. 17 as bearing
N. 00° 00'
-LEGEND--- • ••;.- 'Pin. found
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SCALE -1"=200'
DATE3ug. 19,
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. LOCATION MAP
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B 1081 REC 02022015 08/23/85 13:33 $6.00 1/002 `"-'t Sheet 1 of 2
F 1398 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO•
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RECORDED EXEMPTION NO.
1053-17- I -RE 765
LEGAL DESCRIPTION
c4.-drS-
teas
That portion of the Northeast Quarter of Section 17, Township .4 North, Range 64 West
of the 6th P.M., Weld County, Colorado' more particularly 'described :as follows:
The Northeast Quarter of said Section 17, excepting that part- conveyed to The Farmers
Reservoir and Irrigation Company for a ditch by. dated 'July 9, 1912 and recorded
October 10,- 1912 in Book. 3.70,..page 111, Sa{d',Weld. County records.
The above described tract contains 157 Acres.;,- more or
Subject to a County road:401. of way 3A... feet of even width. along the entire North
and East sides of the above[described trarz: ,
Subject to any rights of 'way' or other easements as described by Instruments -of Record
or as now existing on said described tract:
SURVEYOR'S' CERTIFICATE
I hereby certify that this plat was prepared':by, me and that the same is correct to the
best of my knowledge and' belief.
ALLEN L. ROYER LSD 168.2
We, the undersigned, being the sole owners: iii. fee .of the...above described. property
do hereby subdivide the same' as shown or. the attached map.
STEVEN M. RARLESS:.
The foregoing certification was acknowledged before me this
•
ast _ A.D., 19,e
My commission. 4xpires .1 i ., ,,�,; .;�,
NOTARY PUBLIC:
Witness m9 hand and " ea.
The accompanying plat is accepted and approved`:•for filing.
CHAIRMAN OF :Tld :BOARD OF COUNTY COMMIS TONERS'
ATTEST: COUNTY CLERK _
BY _
DATE
b•
BfV
1081 REC 02022015 08/23/85 13:33 $6.00 2/002
F 1399 MARY ANA' FEUERSTEIN CLERK & RECORDER WELD CO, CO r"
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RECORDED EXEMPTION NO. 1053-17-1- RE 765
SITUATE IM THE NORTMEAET VMRHR OF SECTION 17, TONEl•e• r NORTH, NANq $4 Rlr g TYE •T4 ♦N.
COMM ON WELD, %TA-< Or COCGIAOO.
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