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Home My WebLink About20153428.tiff • , RESOLUTION RE: GRANT ZONING PERMIT, ZPHB15-0005, FOR A HOME OCCUPATION - CLASS II (LAWN CARE SERVICE) IN THE A (AGRICULTURAL) ZONE DISTRICT - MIKE AND DIANA DURRILL 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 of Weld County, Colorado, on the 26th day of October, 2015, considered the request of Mike and Diana Durrill, 4630 County Road 5, Erie, Colorado 80546, for a Zoning Permit for a Home Occupation - Class II (lawn care service) in the A (Agricultural) Zone District, and WHEREAS, said zoning permit is on a parcel of land being more particularly described as follows: Part of the W1/2 of Section 9, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-4-990.B of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-4-990.D.1 through D.8 of the Weld County Code as follows: A. Section 23-4-990.D.1 -- Compatibility with surrounding area, harmony with the character of the neighborhood and its effects upon the immediate area. The applicant is requesting a home occupation for a landscaping business (lawn care service). The Town of Erie, in the referral comments dated June 30, 2015, stated that the "RR designation does not allow business indicated." Currently the site is under violation (ZCV15-00060). This violation was initiated due to the operation of a landscape business with outside employees and Commercial Vehicles without first obtaining the required permit. 4302988 Pages: 1 of 7 05/17/2017 12:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ix:DMA Ili "Ill 2015-3428 �' �Dp�;AT,f . ��Y111L�,l�lahlul��►113 PL2539 ,ZPHB15-0005 — MIKE AND DIANA DURRILL PAGE 2 During the September 18, 2015, meeting with staff the applicant stated that: 1) There will only be two commercial vehicles; 2) There will only be two employees; and 3) There will be no outdoor storage of materials or equipment related to the business on the site. The above actions by the applicant will bring the site into compliance with the Weld County Code for a Home Occupation - Class II. Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." And Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The applicant has stated that the activities associated with this home business occur off-site and that there will be only two commercial vehicles on site. The applicant sent a letter to the surrounding property owners with an Operations Guide that addresses some of the concerns stated in the surrounding property owners' letters. The Operations Guide states, in part, that the employees will not drive more than 15 mph. Section 22-2-100.E (C.Goal 5) states: "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The applicant has noted that there will be no exterior storage of equipment or materials on the site. The applicant sent an email on October 21, 2015, reiterating that there will be no staff meetings at the site and that there will be only two employees and two commercial vehicles. B. Section 23-4-990.D.3--Availability of adequate water and sewage disposal facilities. The property is served by the Left Hand Water District (Account #4375.03) as a source of public water and has a septic system (permit number SP-1200053). The referral comments from the Department of Public Health and Environment, dated July 22, 2015, did not indicate any concerns with this water source or septic system. C. Section 23-4-990.D.4 -- The general health, safety and welfare of the inhabitants of the area and the County. The requirements of Section 23-1-90 for a Home Occupation - Class II, and Conditions of Approval (attached and part of the Home Occupation - Class ll Permit- Conditions and Limitations) will ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. D. Section 23-4-990.D.5 -- The proposal is consistent with the definition as expressed in Section 23-1-90 of Chapter 23. The approval of the zoning permit may be conditioned or restricted to carry out the intent of Section 23-1-90 of this Chapter or to mitigate impacts or address concerns of referral agencies. The Conditions of Approval shall be met prior to 4302988 Pages: 2 of 7 05/17/2017 12:23 PM R Fee:$0.00 $0.00 2015-3428 Carly Koppes, Clerk and Recorder, Weld County, CO PL2539 V . ,ZPHB15-0005 — MIKE AND DIANA DURRILL PAGE 3 recording the permit/agreement, and restrictions may be enforced by means of conditions in the permit/agreement. The applicant is requesting a Zoning Permit for a Home Occupation - Class II per the definition in Section 23-1-90. The applicant has stated that the activities associated with this Home Business occur off-site and that there will be only two commercial vehicles on the site. The applicant has noted that there will be no exterior storage of equipment or materials on the site. Based on the this information, the applicant is eligible for a (ZPHB)Zoning Permit for a Home Occupation - Class II, per the Weld County Code Section 23-1-90. Staff has attached the Home Occupation - Class ll Permit - Conditions and Limitations which contains the Conditions of Approval and addresses the items listed in Section 23-1-90. E. Section 23-4-990.D.6 -- The application complies with any Homeowners Association (HOA) standards, if applicable. This parcel is not part of an HOA. F. Section 23-4-990.D.7--The proposed zoning permit complies with Division 13 of this Article. The applicant has stated that the activities associated with this home business occur off-site and that there will be only two commercial vehicles on the site. The applicant has noted that there will be no exterior storage of equipment or materials on the site. Therefore, it appears as if this request for a zoning permit complies with Division 13 - Home Occupation - Class ll Permits. G. Section 23-4-990.D.8 -- 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. Access permit #AP15-00356 has been issued for the access off of CR 5. The property owner travels over various easements to access the property. Staff has reviewed the easement documentation and the existing easements as adequate; however, a new easement is required for the 880-foot section of land adjacent to the site owned by Lee Stevens. The applicant indicated that he is working on getting this easement signed and recorded. Once this easement is signed and recorded the parcel will have a legal access. Public Works strongly recommends that the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. 4302988 Pages: 3 of 7 05/17/2017 12:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I ��lL1�l�ti'I�ML4 L'NLV.KNAT IKE'/li vi, 11111 2015-3428 PL2539 ZPHB15-0005 - MIKE AND DIANA DURRILL PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Mike and Diana Durrill for a Zoning Permit for a Class II Home Occupation (lawn care service) on the above described parcel of land, which was found to be in compliance with Chapter 23, Article IV, Division 13, of the Weld County Code, be, and hereby is, granted subject to the following conditions: 1. Permittee acknowledges that the issuance of the Home Occupation — Class II permit is conditional upon Permittee's completion of the improvements and/or meeting of the conditions which are described below and depicted in a set of plans provided by Permittee (herein referred to as "Plans"), a copy of which is attached to this document and made a part hereof. 2. Permittee is not allowed to engage in any activity described in the above paragraph and/or any activity related to the business(es) described above, (OR ANY OTHER ACTIVITY WHICH HAS NOT HERETOFORE BEEN PERMITTED), until said improvements have been completed or said conditions have been met. A. Required Conditions: The following conditions must be met at all times throughout the existence of the Home Occupation — Class II permit. 1) Prior to operation: a) Please provide a copy of the access easement documentation showing the parcel has legal access. b) In the event the applicant's usage of the existing septic system exceeds seven (7) persons per day, the septic system shall be evaluated by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. 2) The business use of the property must be secondary to the use of the property as a dwelling site. 3) Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. 4) No exterior storage of materials, goods, supplies or equipment related to the business is permitted. 5) The size of the business area is limited to fifty percent (50%) of a dwelling unit and/or in accessory buildings with appropriate building permits. 4302988 Pages: 4 of 7 05/17/2017 12:23 PM R Fee:$0.00 2015-3428 Carly Koppes, Clerk and Recorder, Weld County, CO PL2539 1111 NUN:��4i�ICUI�Y��,J�l Will II R �ti� 11111 4 ,ZPHB15-0005— MIKE AND DIANA DURRILL PAGE 5 6) The business shall be conducted by the inhabitants of the dwelling, plus no more than two (2) external employees. 7) Only incidental sales of stocks, supplies or products shall be conducted on the premises. 8) The parcel is limited to two (2) commercial vehicles. 9) Only one sign advertising the business shall be allowed, subject to the following restrictions: a. Sign must be non-illuminated; b. Sign must be no greater than nine (9) square feet c. Sign must be attached to the face of the dwelling unit. 10) The traffic volume produced by the business must not exceed that produced by the dwelling unit by more than sixteen (16) trips daily. 11) The applicant shall maintain compliance with all local, state and federal regulations. 12) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 13) The historical flow patterns and runoff amounts will be maintained on the site. 14 ) Vehicles shall not park on the absorption field. B. Timing of Improvements: Permittee shall be required to complete all improvements and/or meet the limitations of the foregoing conditions within 60 days of the issuance of the Permit. C. Violation of Terms: If Permittee does not perform as outlined in this document, such non-performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by the County, and the County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee. D. Engineering Services: In the event that Permittee is required to complete any improvements or meet any conditions which require the services of an engineer, Permittee shall furnish, at its own expense, all such services. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall 4302988 Pages: 5 of 7 05/17/2017 12:23 PM R Fee:$0.00 2015-3428 Carly Koppes, Clerk and Recorder, Weld County, CO PL2�39 �� I�■�i9�': IM 1� 1 Dr.1' R��K1OY h II II ,ZPHB15-0005— MIKE AND DIANA DURRILL PAGE 6 conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. E. Successors and Assigns: This Home Occupation - Class II permit may not be delegated, transferred or assigned, in whole or in part, by Permittee. This Permit shall terminate immediately upon the sale of the property and or commercial enterprise, the cessation of the commercial enterprise, or the death of the Permittee (if the Permittee is an individual). County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. F. Violation of Terms of Agreement: If in the County's opinion, Permittee has violated any of the terms and conditions set forth in this document, the County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which the County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation — Class II permit. G. Termination of Permit: A Home Occupation—Class II permit shall terminate upon the earliest of the following events: 1) Cessation of all Permit Related Activities: Termination of the Permit shall occur upon Permittee's complete cessation of all activities permitted under the terms of the Permit. Permittee shall provide written notice to the County of a cessation of activity, which the County shall then verify. If written notice is not provided to the County, termination of the Permit shall occur three (3) years after County observes the cessation of the activities for which the Permit was issued. 2) Execution of Replacement "Home Occupation — Class II Agreement": The Agreement shall terminate following County's execution of a new Home Occupation — Class II Agreement with a new Permittee who has purchased or then inhabits the Property, and intends to make use of the rights and privileges available to it through the then existing Home Occupation —Class II permit. 3) Sale or Transfer of Property and/or Commercial Enterprise: The Permit shall immediately terminate upon Permittee's sale or transfer of the property upon which the commercial enterprise is conducted. The Permit shall also terminate immediately upon Permittee's sale or transfer of the commercial enterprise. 4302988 Pages: 6 of 7 05/17/2017 12:23 PM R Fee:$0.00 2015-3428 Carly Koppes, Clerk and Recorder, Weld County, CO PL2539 �� drikilI � �w��K��' �� K Bit ZPHB15-0005 — MIKE AND DIANA DURRILL PAGE 7 4) Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq., as applicable now or hereafter amended. H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of a Home Occupation — Class II permit, and all rights of action relating to such enforcement, are strictly reserved to the County. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST:da4 , &0( Barbara Kirkmey r, Chair Weld County Clerk to the Board B itt Mike Freeman, Pro-Ter y Clerk to he Board �� r \4 ��-an P Conw-y ••X , e APPROVED AS TO FORM: 11161 ( �eo '� '.ial / C E le A. Cozad County Attorney (9/ t f �'� ' ,0lSteve Moreno Date of signature: 4302988 Pages: 7 of 7 05/17/2017 12:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2015-3428 PL2539 i86i DEPARTMENT OF PLANNING SERVICES ZONING PERMIT FOR A HOME OCCUPATION -CLASS II ADMINISTRATIVE REVIEW Ji r U COUNTY PLANNER: Diana Aungst HEARING DATE: October 26, 2015 CASE NUMBER: ZPHB15-0005 APPLICANT: Mike and Diana Durrill 4630 CR 5, Erie, CO 80516 REQUEST: Zoning Permit for a Home Occupation - Class II (landscaping business) in the A (Agricultural)Zone District LEGAL Being part of the W2 of Section 9, T1 N, R68W of the 6th P.M., Weld County, CO DESCRIPTION: PARCEL#: 1467-09-0-00-011 PARCEL SIZE: 1.00 acre ZONE DISTRICT: Agricultural LOCATION: Approximately four-tenths of a mile south of CR 12; approximately one-half mile east ofCR5 WATER SOURCE: Left Hand Water District Account#4375.03 SEWER SOURCE: Septic system SP-1200053 The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Town of Erie, referral dated June 30, 2015 > Weld County Zoning Compliance, referral dated June 29, 2015 > Weld County Department of Planning Services— Engineer, referral dated July 29, 2015 ➢ Weld County Department of Public Health and Environment, referrals dated July 22, 2015 The Department of Planning Services' staff has received referral responses without comments from the following agencies: > City of Dacono, referral dated July 1, 2015 ➢ Town of Frederick, referral dated June 29, 2015 > School District RE-1, referral dated June 30, 2015 > Boulder Valley Conservation District, referral dated July 13, 2015 > Weld County Department of Public Works—Access, referral dated July 22, 2015 The Department of Planning Services' staff has not received responses from the following agencies: > Boulder County > Weld County Building Department > Left Hand Water District > Mountain View Fire Protection District > Colorado Parks and Wildlife ➢ State of Colorado, Division of Water Resources Zoning Permit for a Class II Home Occupation 2015-3428 Page 1 of 4 Section 23-4-990.C.5. of the Weld County Code states, "When ... negative responses are received from at least thirty percent (30%) of the surrounding property owners within five hundred (500) feet of the subject property, a hearing shall be scheduled before the Board of County Commissioners." This case comes before the Board of County Commissioners due to the fact that staff has received negative responses from two (2) surrounding property owners which is thirty percent (30%) of the total surrounding property owners within 500 feet of the site. A total of 7 surrounding property owners received notification on this proposal. Description: The applicant is requesting approval of a zoning permit for a Home Occupation - Class II a landscaping business (lawn care service). Staff received three (3) letters from the surrounding property owners. One letter stated `no concerns' and the two other letters oppose this project. These letters outline concerns about traffic, safety, dust, noise, property values, and the burning of debris on site. Specifically the letters state that the traffic associated with this business will tear up the dirt road; that the traffic prevents them from riding their horses on the road; that the crews work on weekends and travel back and forth throughout the day creating a dust and noise problem; and that the landscape business will the lower the property values in the neighborhood; Staff met with the applicant on September 3, 2015 and again on September 18, 2015. On September 3, 2015 staff held a pre-application meeting with the applicant to discuss the land use options. The applicant chose to continue with the Zoning Permit and not submit a Use by Special Review application. On September 18, 2015 the applicant stated that he will send a letter to his neighbors describing the business (attached) and will see if he can get letters of support. The applicant also indicated that there will be no outdoor storage of debris, tree limbs, leaves, grass, etc. associated with this business. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-4- 990.B. of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-4-990.D.1. thru D.8. of the Weld County Code as follows: A. Section 23-4-990.D.1. -- Compatibility with surrounding area, harmony with the character of the neighborhood and its effects upon the immediate area. The applicant is requesting a home occupation for a landscaping business (lawn care service). The Town of Erie in their referral comments, dated June 30, 2015, stated that the "RR designation does not allow business indicated." Currently the site is under violation (ZCV15-00060). This violation was initiated due to the operation of a landscape business with outside employees and Commercial Vehicles without first obtaining the required permit. During the September 18, 2015, meeting with staff the applicant stated that: 1) There will only be two commercial vehicles; 2) There will only be two employees; and 3) There will be no outdoor storage of materials or equipment related to the business on the site. Zoning Permit for a Class II Home Occupation ZPHB15-0005 Page 2 of 4 The above actions by the applicant will bring the site into compliance with the Weld County Code for a Home Occupation - Class II. Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the individual property owner's right to request a land use change." And Section 22-2-20.G.2 - A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The applicant has stated that the activities associated with this home business occur off-site and that there will be only two commercial vehicles on site. The applicant sent a letter to the surrounding property owners with an Operations Guide that addresses some of the concerns stated in the surrounding property owner's letters. The Operations Guide states, in part, that the employees will not drive more than 15 mph. Section 22-2-100.E. - C.Goal 5. states "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The applicant has noted that there will be no exterior storage of equipment or materials on- site. The applicant sent an email on October 21, 2015 reiterating that there will be no staff meetings at the site and that there will be only two employees and two commercial vehicles. B. Section 23-4-990.D.3. --Availability of adequate water and sewage disposal facilities. The property is served by the Left Hand Water District Account #4375.03 as a source of public water and has a septic system (permit number SP-1200053). The referral comments from the Department of Public Health and Environment, dated July 22, 2015 did not indicate any concerns with this water source or septic system. C. Section 23-4-990.D.4. --The general health, safety and welfare of the inhabitants of the area and the county. The requirements of Section 23-1-90 for a Home Occupation - Class II and Conditions of Approval (attached and part of the Home Occupation - Class II Permit - Conditions and Limitations) will ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and the County. D. Section 23-4-990.D.5. -- The proposal is consistent with the definition as expressed in Section 23-1-90 of this Chapter. The approval of the zoning permit may be conditioned or restricted to carry out the intent of Section 23-1-90 of this Chapter or to mitigate impacts or address concerns of referral agencies. Conditions of approval shall be met prior to recording the permit/agreement, and restrictions may be enforced by means of conditions in the permit/agreement. The applicant is requesting a Zoning Permit for a Home Occupation - Class II per the definition in Section 23-1-90. The applicant has stated that the activities associated with this home business occur off-site and that there will be only two commercial vehicles on site. The applicant has noted that there will be no exterior storage of equipment or materials on-site. Based on the this information, the applicant is eligible for a (ZPHB) Zoning Permit for a Home Occupation -Class II per the Weld County Code Section 23-1-90. Staff has attached the Home Occupation - Class II Permit- Conditions and Limitations which contains the Conditions of Approval and addresses the items listed in Section 23-1-90. Zoning Permit for a Class II Home Occupation ZPHBI 5-0005 Page 3 of 4 E. Section 23-4-990.D.6. -- The application complies with any Homeowners Association (HOA) standards, if applicable. This parcel is not part of an HOA. F. Section 23-4-990.D.7. --The proposed zoning permit complies with Division 13 of this Article. The applicant has stated that the activities associated with this home business occur off-site and that there will be only two commercial vehicles on site. The applicant has noted that there will be no exterior storage of equipment or materials on-site. Therefore, it appears as if this request for a zoning permit complies with Division 13 - Home Occupation - Class II Permits. G. Section 23-4-990.D.8. --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. Access permit#AP15-00356 has been issued for the access off of CR 5. The property owner travels over various easements to access the property. Staff has reviewed the easement documentation and the existing easements as adequate however, a new easement is required for the 880 foot section of land adjacent to the site owned by Lee Stevens. The applicant indicated that he is working on getting this easement signed and recorded. Once this easement is signed and recorded the parcel will have a legal access. Public Works strongly recommends that the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon Home Occupation - Class 11 Permit - Conditions and Limitations (attached). The Home Occupation - Class II Permit- Conditions and Limitations has two Conditions of Approval under A.1. These two conditions will need to be addressed prior to approval of this Home Business. Zoning Permit for a Class II Home Occupation ZPH B 15-0005 Page 4 of 4 HOME OCCUPATION CLASS II PERMIT c_21-- , _ CONDITIONS AND LIMITATIONS Case #ZPHB15-0005 Mike and Diana Durrill 4630 CR 5, Erie, CO 80516 The following is a compilation of the requirements imposed by the Board of County Commissioners of Weld County Colorado on behalf of Weld County (hereinafter called "County,"), for all business entities and/or individuals who have received Home Occupation — Class II land use permit to operate a commercial enterprise. In this case, Permittee is the owner of the following described property in the County of Weld, State of Colorado: Being part of the W2 of Section 9, Ti N, R68W of the 6th P.M., Weld County, CO hereinafter referred to as "the Property," and Under the terms of the Permit, Permittee is allowed to conduct the following commercial enterprise: landscaping business (lawn care service). Permittee acknowledges that the issuance of the Home Occupation — Class II permit is conditional upon Permittee's completion of the improvements and/or meeting of the conditions which are described below. Permittee is not allowed to engage in any activity described in the above paragraph and/or any activity related to the business(es) described above, (OR ANY OTHER ACTIVITY WHICH HAS NOT HERETOFORE BEEN PERMITTED), until said improvements have been completed or said conditions have been met. A. Required Conditions: The following conditions must be met at all times throughout the existence of the Home Occupation —Class II permit. 1. Prior to operation: a) Please provide a copy of the access easement documentation showing the parcel has legal access. b) In the event the applicant's usage of the existing septic system exceeds 7 persons per day, the septic system shall be evaluated by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 2. The business use of the property must be secondary to the use of the property as a dwelling site. Home Occupation Class II—Conditions and Limitations Page 1 of 4 3. Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. 4. No exterior storage of materials, goods, supplies or equipment related to the business is permitted. 5. The size of the business area is limited to fifty percent (50%) of a dwelling unit and/or in accessory buildings with appropriate building permits. 6. The business shall be conducted by the inhabitants of the dwelling plus no more than two (2) external employees. 7. Only incidental sales of stocks, supplies or products shall be conducted on the premises. 8. The parcel is limited to two (2) commercial vehicles. 9. The business use must not create any negative impact to the public health, safety or welfare of adjacent property owners. 10. Only one sign advertising the business shall be allowed, subject to the following restrictions: a. Sign must be non-illuminated; b. Sign must be no greater than nine (9) square feet c. Sign must be attached to the face of the dwelling unit. 11. The traffic volume produced by the business must not exceed that produced by the dwelling unit by more than sixteen (16) trips daily. Eight vehicles create sixteen trips as each single vehicle creates two trips. Trips include those produced by the residents for purposes related to the business, the one or two employee(s), clients, deliveries, and etc. 12. The applicant shall maintain compliance with Health, Building and all other local, state and federal regulations. 13. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 14. The historical flow patterns and runoff amounts will be maintained on the site. 15. Vehicles shall not park on the absorption field. B. Timing of Improvements: Permittee shall be required to complete all improvements and/or meet the limitations of the foregoing conditions within 60 days of the issuance of the Permit. C. Violation of Terms: If Permittee does not perform as outlined in this document, such non-performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee. D. Engineering Services: In the event that Permittee is required to complete any improvements or meet any conditions which require the services of an engineer, Permittee shall furnish, at its own expense, all such services. The required engineering Home Occupation Class II—Conditions and Limitations Page 2 of 4 services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. E. Successors and Assigns: This Home Occupation - Class II permit may not be delegated, transferred or assigned in whole or in part by Permittee. This Permit shall terminate immediately upon the sale of the Property and or commercial enterprise, the cessation of the commercial enterprise, or the death of the Permittee (if the Permittee is an individual). County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. F. Violation of Terms of Agreement: If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation — Class II permit. G. Termination of Permit: A Home Occupation — Class II permit shall terminate upon the earliest of the following events: 1) Cessation of all Permit Related Activities: Termination of the Permit shall occur upon Permittee's complete cessation of all activities permitted under the terms of the Permit. Permittee shall provide written notice to County of a cessation of activity, which the County shall then verify. If written notice is not provided to the County, termination of the Permit shall occur three (3) years after County observes the cessation of the activities for which the Permit was issued. 2) Execution of Replacement "Home Occupation — Class II Agreement": The Agreement shall terminate following County's execution of a new Home Occupation — Class II Agreement with a new Permittee who has purchased or then inhabits the Property, and intends to make use of the rights and privileges available to it through the then existing Home Occupation —Class II permit. 3) Sale or Transfer of Property and/or Commercial Enterprise: The Permit shall immediately terminate upon Permittee's sale or transfer of the property upon which the commercial enterprise is conducted. The Permit shall also terminate immediately upon Permittee's sale or transfer of the commercial enterprise. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq., as applicable now or hereafter amended. H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of a Home Occupation — Class II permit, and all rights of action relating to such enforcement, are strictly reserved to the County. Home Occupation Class II—Conditions and Limitations Page 3 of 4 By its signature below, Permittee specifically acknowledges receipt, review and understanding of the information contained in this document entitled "HOME OCCUPATION CLASS II PERMIT, CONDITIONS AND LIMITATIONS". Permittee shall be bound by the requirements set forth herein, and by any documents attached hereto. Mike Durrill Diana Durrill Date ONCE SIGNATURE(S) ARE OBTAINED AND THE RECORDING FEE IS SUBMITTED ($11.00 for the 1st page and $5.00 for each subsequent page) STAFF WILL RECORD THIS DOCUMENT WITH THE CLERK AND RECORDER. Home Occupation Class II—Conditions and Limitations Page 4 of 4 Diana Aungst From: Mike and Diana Durrill <durrill77@gmail.com> Sent: Wednesday, October 21, 2015 8:47 AM To: Diana Aungst Cc: Bethany Pascoe;Jennifer Petrik; Michelle Martin; Blake Carlson Subject: Re: Update to the application Attachments: High Plains Letter to Neighbors and Guidlines.docx Hi Diana- We are asking for the home business permit which would include two employees coming to the shop as stated in the attached letter and guidelines which I mailed to my neighbors.We do not hold staff meetings at the house. I am unsure of what easement information you need and so have CC'd Blake Carlson on this email. We chose not to have a neighborhood meeting,but instead mailed out the attached letter and guidelines to our neighbors with the exception of Mike and Susan Thorne as we are uncomfortable with what their response may entail. Please let me know if you need anything else. Thank you for all you are doing to help us! Mike On Oct 19,2015,at 10:47 AM,Diana Aungst wrote: >Mike: >Send me an email that revises your initial application submittal according to the meetings that we have had. If you are not going to have the employees come to the house the email needs to state that. State that you not have staff meetings at your house-if that is true. Also we need the easement information showing access to the site. >Please also provide the details of the neighborhood meeting. I need this ASAP as I have only a few days to prepare for the 10/26/15. >Feel free to contact me with any questions. >Regards, >Diana Aungst,AICP,CFM >Planner 1I >Weld County Department of Planning Services > 1555 N. 17th Avenue - Greeley,Colorado 80631 >970-353-6100 ext.3524 >Fax:(970)304-6498 >daungst@weldgov.com >www.weldgov.com 1 • • High Plains Property Maintenance Dear Neighbor- It has come to my attention that I have been operating my lawn care business without the required permit from Weld County. Please accept my apology for operating this way and not doing the necessary research in advance to be sure I was within the bounds of the law. Upon finding out that I was in violation, I have been taking the necessary steps to obtain the proper permit. I am asking for your support as I apply for a Home Based Business permit. This permit will only allow me to function as I have been -with two full-time employees and two work vehicles. I do not intend to grow my business any larger, nor will I be able to,with this particular permit. To help alleviate any frustrations you might have with my negligence over the past five years and also to help moving forward, I have put together some guidelines for my business. I will choose to put myself and my business under this guide should Weld County grant me the permit needed. Of course, this is a matter of great importance to my family, as without the ability to operate our business from home we will have to seek out other options,which would certainly disrupt our current financial status.Would you please consider writing a short paragraph or letter showing your support of our family business obtaining this permit?There will also be a meeting on at 9:15a on 10/26/2015 with the County Commissioner. I would certainly appreciate your attendance at this meeting if you are able. If you have any questions or suggestions regarding the operations guide I have put together please give me a call at (303) 254-6695. If you would like to write some words of support, please send to durri1177Pgmail.com or mail to 4630 CR 5 Erie, CO 80516. Thank you! Mike Durrill Owner, High Plains Property Maintenance • • High Plains Property Maintenance Operations Guide Seasons I. The full-time season commences on April 1 and ends November 30 II. The part-time season commences on December 1 and ends March 31 Employees I. No more than two employees may come to the shop Monday-Friday during the full- time season. II. No more than two employees may come to the shop three days per week during the part-time season. Hours of Operation I. Employees may not arrive at the shop earlier than 6:30a during the full-time season. II. Employees may not arrive at the shop earlier than 6:30a during the part-time season with the exception of coming to the shop to prepare for snow removal. Gravel Road Precautions I. Employees in their personal vehicles will travel no more than 15 miles per hour on the gravel road. II. Only two work vehicles besides my own personal vehicles will be kept onsite. III. Work vehicles will travel no more than 15 miles per hour on the gravel road. IV. $75 per month during the full-time season(7 months)will be set aside in an account earmarked"gravel road"for the maintenance and upkeep of the road.These funds are to be used at the discretion of Lee Stevens (owner of the road) for the maintenance and upkeep of the gravel road only. V. Each snowstorm-as I have done for the past five years the gravel road will be plowed by a High Plains plow truck. Work-site Precautions I. All debris collected by High Plains will be disposed of at the landfill.No burning of branches,leaves,etc.will take place onsite at anytime. II. An approximately 1,800 sq/ft work shop will be built in the future that will house all equipment associated with the business. Miscellaneous I. It is the intent of the owner of High Plains Property Maintenance to maintain the current status quo of two employees and two work vehicles in its daily operations. ZONING PERMIT for a HOME OCCUPATION(ZPHB)—CLASS II APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 II 4 7 q - 0 - 0_a- f _ (12 digit number-found on Tax I.D.Information,-obtainable at the Weld County Assessor's Office,or www.co.weid.co.us) Legal Description 1).r L W a, ,Section 9_,,Township North,Range blWest Flood Plain: IVY P‘ Zone District M , Total Acreage: I * ,Overlay District Geological Hazard: N,PS ,Airport Overlay District: FEE OWNER(S)OF THE PROPERTY: Name: M' t Ou rn Li Work Phone # 303 2S Home Phone # Email �,utn 41it 77 i a�i.C9i►^ Address: 4 430 5 Address: City/StatelZip Code E-ri-e- CO $v51(, Name: fl t a'4 to U,n YI Work Phone # Home Phone # Email?Awl tl 77&pi a r i Address: H43D tit 5 Address: City/State/Zip Code U, CO DD5 1z Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: I f- Work Phone # Home Phone # Email Address: Address: City/State/Zip Code PROPOSED USE: vti e2re. AMU, , I (We)hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. 4!Y1f if0-41444:61" b4/ii/io/S— 1i'i51f6 Signature:Owner or Authorized Agent Date ignature:Owner or Authorized Agent Date 5 ZONING PERMIT for a HOME OCCUPATION (ZPHB)-CLASS II QUESTIONNAIRE The following questions are to be answered and submitted as part of the ZPHB application. If a question does not pertain to your use,please respond with"not applicable",with an explanation as to why the question is not applicable. Q� 11°.41e WI :., s 2 -f-a41:1,7 4 (t 4s 1. Explain,in detail,the proposed use of the property. oe4/2;r ov,r 1 aw',t seiv at, k'4nel5 fvvM M . 2. What type of uses surround the site(explain how the proposed use is consistent and compatible with surrounding land uses).-rhea is 2 Co,ytyriti t a, ( hwcc tak.e. add scent- m out- . fay-ern, CA Ai- Aod& sido q anrf1U i an hlt.s Soufk SIC1.0„ 3. Describe,in detail,the following: w ,� 1,r131r`: �t rfaru c on al( Sidra, /te.WI C i I t 935 sr hes rnu '� a. Number of people who will use this site Al w fe x L aid S s lobe.el u st 2 ,e•up la 1-cc b. Number of employees proposed to be employed at this site Z- Nb+ rcA6-esk c. Hours of operation 1 eOQr 9 Wp ►Y1 an a'a j d. Type and number of structures to be erected(built)on this site 1J IA e. Type and number of animals,if any,to be on this site NoAe, Jan' (2-)Ptcc,�p ;was f. Kind of vehicles(type.size,weight)that will lanccess tth�is�site and how often ('Ii no,lit m„ ), (I) 12 ruing. Who will provide fire protection to the site 1'at vl fiw riot O (i‘ It/ ia' cr 4c ess 9 lr h. Water source on the property(both domestic and irrigation) 114'n' Ad Ca 4 4o" t. Sewage disposal system on the property(existing and proposed) 54 rl j. If storage or warehousing is proposed,what type of items will be stored 1510v415 i e L5tI MY) &I t' 4. Explain how the storm water drainage will be handled on the site. De..ivrtivflon `O'JD 5. How many Commercial Vehicles will be associated with the site 2 6. How many signs(include the size,location and type) C) 7. Are you proposing any landscaping,if so,please explain thoroughly NO 8. Will there be any associated lighting 140 Ncre C✓Vi pto j ecs o.i only an srte 2a rvlliiu+.e5 1,, lht. IJfai At.j 1 Oirf u2-to c/`p ox'-,I-r. 6 ::::k".4.1.. , .41 DEPARTMENT OF PLANNING SERVICES $ 1 1555 N 17th AVE , ice , GREELEY, CO 80631 � � f`; '� 1� i. � � WEBSITE:www.co.weld.co.us '; � E-MAIL: daungst@co.weld.co.us PHONE: (970)353-6100, Ext. 3524 L" GQ UNT Y FAX: (970)304-6498 June 29, 2015 DURRILL MIKE& DIANA 4630 COUNTY ROAD 5 ERIE, CO 80516 Subject: ZPHB15-0005-Zoning Permit for a Home Business (ZPHB)for lawn care service On parcel(s)of land described as: PART W2 SECTION 9,T1 N, R68W OF THE 6TH P.M.,WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Dacono at Phone Number 303-833-2317 Erie at Phone Number 303-926-2700 Frederick at Phone Number 720-382-5500 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, vatux. Reason: signed y Kristine Ra slem document I am the author n this document Date:2015.06.29 10:40:27-06'00' Diana Aungst Planner ID • V y Weld County Public Works Dept. 3 1111 H Street ACCESS PERMIT ,4 .I„ it co P.O.Box 758 `l .Sk ,1/4 Greeley,Co 80632 APPLICATION FORM .1/c WO Phone: (970)304-6496 Fax:(970)304-6497 Applicant Property Owner(If different than Applicant) Name i 1, _Purr'I i Name Company Ni Di al n≤ Pt c pttilf (�dtf"ie/4c Address Address M9 C1Z 5 City State Zip p 1 City �i State(./_ Zip gOcar Phone Business Phone(303) 11-/ lo?5 Fax Fax aaE-mail N E-mail u(rill-17 6 9 mall 4 cook ♦=Existing Access A=Proposed Access Parcel Location&Sketch The access is on WCR 5 Nearest Intersection:WCR . &WCR 10 WCR to Distance from Intersection _ Parcel Number J HO 89 0 00 1 I h Section/Township/Range 5"►c in 14 PRA a w '(� it is there an existing access to the property? YE�IOO N 3 3 Number of Existing Accesses ______] Road Surface Type&Construction Information Asphalt Q Gravel 0 Treated O Other WCR 12. Culvert Size&Type Materials used to construct Access Construction Start DatO1CJ'n AS Finish Date l_P___ 11 Proposed Use r! o Temporary(Tracking Pad Required)/$75 j1 Single Residential/$75 o industrial/$150 KSmall Commercial or Oil&Gas/$75 o Large Commercial/$150 ❑Subdivision/$150 o Field(Agriculture Only)/Exempt Is this access associated with a Planning Process? a No a USR a RE ❑PUD 'Other 2 Pt( S Reauired 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 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. pA Signature Printed Name M!Le Du nr1(( Date Oti I !3/zo/6 Approval or Denial will be issued In minimum of 5 days. Approved by Revised Date 6/29/10 . .rrrYrWr . Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code,a public hearing will be held before the Board of County Commissioners in the Hearing Room,Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. The complete case file may be examined by calling or visiting the office of the Clerk to the Board of County Commissioners,Weld County Administration Building, 1150 O Street,Greeley,Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. For inclusion of any correspondence prior to the Board of Commissioners hearing,e-mail egesick@co.weld.co.us. If a court reporter is desired for the hearing, please advise the Clerk to the Board's Office, in writing, at least five (5) days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at(970) 336-7215, Ext.4226, prior to the day of the hearing.All cases scheduled before the Board of County Commissioners are subject to continuance,due to lack of quorum or otherwise. Contact the Clerk to the Board's Office at the number above, for hearing continuance information. BOARD OF COMMISSIONERS DATE: October 26, 2015 TIME: 9:00 a.m. APPLICANT: Mike and Diana Durrill PLANNER: Diana Aungst REQUEST: Consider Zoning Permit, ZPHB15-0005, for a Home Occupation - Class II (Lawn Care Service) in the A(Agricultural)Zone District LEGAL DESCRIPTION: Part of the W1/2 of Section 9,Township 1 North,Range 68 West of the 6th P.M.,Weld County, Colorado(See Legal Description for precise location) DATED: October 15,2015 CD CD CD IC) .— CD CD CO T... r T T NT- T." T. c 0 0 0 0 0 0 coo co 00 0o co co 00 00 N L7 w 0 0 0 0 0 0 0 0 3 Z F- OOOOOOOO 8 rn • Q c as Lo Q c_ 1 v, ` o.E) 2 W W W QC) W W W_ , N O o! WW: OwUJWW W W W O — W W W c 2 Z W ` w O ` O c MI O I-= U gCL o - o m r,) cu P a) cV ce a= —cI O w mri L) a w ,- O a) - u) co L_ r — pp W Z 7o .`) OO — f0 • }} uj 46 Nw LL o ZZZOF- ZZZ Q Q.JD C °� » DOWDDD 0 $ E O co 000 111000 CC D � � � o � � � � Ha) Wfl. M M0 cc N COO O O N W ,_ coN O vdO' v ,- rnd` ' vv 0 0 D 13 C N O • f6 -F, a) Q 2 7 — O W CU o CC � 3 m 0 J a I- oo � a _J 0 N 2 CI- a Q Q CO aQ) m Q n 2u) 1 — EU Z 0 >- Cn O U m t .5 N W cc � � +-' 7 W2z W00Z " LL Z O Q Q a) o Z CI) Z > Z < j W v LU Q .8'.-P3 DQII- -J - Z al) =- 0ZWCe j0 = V¢) t O Q W Q W Q O D — Q HO -JUY -) -) 00 WELD COUNTY COLORADO LAND RECORDS 10/6/2015 AFFIDAVIT OF INTERESTED LAND OWNERS 11:05:34 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 ft of Parcel#146709000011 Account Parcel Owner Mailing Address R5703186 146709000010 GUESWEL TIM 4738 COUNTY ROAD 5 ERIE, CO 805168913 R5703286 146709000011 DURRILL DIANA R5703286 146709000011 DURRILL MIKE 4630 COUNTY ROAD 5 ERIE, CO 805168921 R5703786 146709000018 STEVENS LEE R5703786 146709000018 STEVENS LEE H 4626 COUNTY ROAD 5 ERIE, CO 805168921 R5707786 146709100004 PROPP CAROL A R5707786 146709100004 PROPP DARYLL D 12600 W COLFAX AVE No. B-130 LAKEWOOD, CO 80215 R4275806 146709200003 MAY KEVIN M 9253 W 107TH PL BROOMFIELD, CO 800217345 R6781202 146709200023 TESSMAN JACQUELINE A WELD COUNTY COLORADO LAND RECORDS 10/6/2015 AFFIDAVIT OF INTERESTED LAND OWNERS 11:05:34 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 ft of Parcel#146709000011 Account Parcel Owner Mailing Address R6781202 146709200023 KARABATSOS JOHN A 4540 COUNTY ROAD 5 ERIE, CO 805168911 R2166003 146709200088 THORNE SUSANNE E R2166003 146709200088 THORNE MICHAEL N 4620 COUNTY ROAD 5 ERIE, CO 805168921 R2166103 146709200089 STEVENS LEE 4626 COUNTY ROAD 5 ERIE, CO 805168921 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: biLiOloIv1 PT W2. °I 1 i(OS B E Cj (in' 1 I , ,' I., M881)1-61E. .2-3b'2y51 I Fr'o►'v Cog PiNDLiti? 2 1itito ' SODt2'E Sfft bz-(, 'w 240 .44 NDD12 ' 1(A1,-50 "T'D 13 LXG UPPe pa-c Parcel Number i "� U 7- V q - 0- O �-! I (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) (Include all lots being included in the application area,if additional space is required,attach an additional sheet) THE UNDERSIGNED,being first duly sworn,states that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property being considered. This list was compiled from the records of the Weld County Assessor,or a person qualified to do the task,and shall be current as of a date no more than thirty days prior to the date the application is submitted to the Department of Planning Services. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be induded with the application. If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(We)hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. U9(1frOK 1ic Date Signature Date Signature Date WELD COUNTY COLORADO LAND RECORDS 6/23/2015 AFFIDAVIT OF INTERESTED LAND OWNERS 8:11:26 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature D11(2-3(1—0 Date Property Owners Within 500 ft of Parcel#146709000011 Account Parcel Owner Mailing Address R5703186 146709000010 GUESWEL TIM 4738 COUNTY ROAD 5 ERIE,CO 805168913 R5703286 146709000011 DURRILL DIANA R5703286 146709000011 DURRILL MIKE 4630 COUNTY ROAD 5 ERIE, CO 805168921 R5703786 146709000018 STEVENS LEE R5703786 146709000018 STEVENS LEE H 4626 COUNTY ROAD 5 ERIE,CO 805168921 R5707786 146709100004 PROPP CAROL A R5707786 146709100004 PROPP DARYLL D 12600 W COLFAX AVE No. B-130 LAKEWOOD, CO 80215 R4275806 146709200003 MAY KEVIN M 9253 W 107TH PL BROOMFIELD,CO 800217345 R6781202 146709200023 TESSMAN JACQUELINE A WELD COUNTY COLORADO LAND RECORDS 6/23/2015 AFFIDAVIT OF INTERESTED LAND OWNERS 8:11:26 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 ft of Parcel#146709000011 Account Parcel Owner Mailing Address R6781202 146709200023 KARABATSOS JOHN A 4540 COUNTY ROAD 5 ERIE, CO 805168911 R2166003 146709200088 THORNE SUSANNE E R2166003 146709200088 THORNE MICHAEL N 4620 COUNTY ROAD 5 ERIE, CO 805168921 R2166103 146709200089 STEVENS LEE 4626 COUNTY ROAD 5 ERIE, CO 805168921 Memorandum TO: Dianna Aungst, W.C. Planning ✓v U N T Y DATE: July 22, 2015 FROM: Katie Sall, W.C. Department of Public Health and Environment CASE NO.: ZPHB15-0005 NAME: Durrill Environmental Health Services has reviewed this proposal to allow a home business for parking of 3 vehicles and 2 trailers (less than 1 ton) for a lawncare business. The application states there are 2 employees, and that employees are only onsite for 40 minutes per day. It is not stated whether maintenance of the trucks will occur onsite. There is an existing septic system (SP-1200053) that was sized for a 4 bedroom residence (7 people). The septic system will require an engineer's review to ensure there is sufficient capacity to serve the business if the daily usage exceeds 7 people. Public water (Left Hand Water District) supplies water to the parcel. The following conditions are recommended to be part of any approval: 1. In the event the applicant's usage of the existing septic system exceeds 7 persons per day, the septic system shall be evaluated by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 2. Vehicles shall not park on the absorption field. MEMORANDUM it , r fie, To: Diana Aungst, Planner June 29, 2015 From: Bethany Pascoe, Zoning Compliance Officer Subject: ZPHB15-0005 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV15-00060)was noted. This violation was initiated due to the operation of a landscaping business with outside employees and Commercial Vehicles without first obtaining the required permit. This case has not been presented to the Weld County Court Magistrate through the Violation process. Since this application was submitted prior to an actual court date being scheduled, no investigation fee is required. The violation was initiated on April 21, 2015. This application if approved by staff, will correct a portion of the violation. If this application.is denied, 1 (one)of the Commercial Vehicles shall be removed the property;otherwise,the violation case will proceed accordingly. SERVICE,TEAMWORK,INTEGRITY,QUALITY y MEMORANDUM 11 * j r . TO Diana Aungst, Planning Services . t' . "1 r i DATE: 7/29/15 FROM: Jennifer Petrik P.E., Development Engineer SUBJECT: ZPHB15-0005 Durrill The Weld County Department of Planning Services-Engineering has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 146709000011 The project proposes to: run a landscape business out of the home. Approximate Access Location: Across private property, east from CR5 potentially using easements. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Planning-Engineering) The historical flow patterns and runoff amounts will be maintained on the site. (Planning-Engineering) Roads: County Road 5 is a paved road and is designated on the Weld County Road Classification Plan as a Collector road, which requires 80 feet of right-of-way at full buildout. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. Access: An access permit has been approved for the access to the site (AP15-00356). Please provide a copy of the access easement documentation showing the parcel has legal access. For shared accesses, Public Works strongly recommends that the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Geologic hazard Area: This site IS in a Geologic Hazard Area. The Colorado Geologic Society will be a referral agency. A geologic hazard permit may be required. The Colorado Geologic Survey (CGS) has expertise in geologic hazard areas and is a referral agency for this project. Contact Jill Carlson with the CGS at 303-384-2643 for more detailed information on the geologic hazards in your project area and any additional requirements that may be needed. Depth to mine 50ft-100ft. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld County Code. A Geological Hazard Development Permit may be required. (Planning-Engineering) Floodplain: This area IS NOT in a FEMA regulatory floodplain. • • • • • • • .... .... ... ..:.. .. ....... • � i . . .<.:": ...:.:.. �.: ' ., r. . ... .',,... :<., ... :;:•. .,.> .. : y .: �'� � � > � .5 - ,t�`isZ+id'det' s",�i91t.@@7r3e^T@i�Ae"4a�`.SO�,cY.4A;:X��Yisioi".�� -'" %,tom .sf< a..::•�ct ..n: ;<i,ix::z,:.,c.a:5" gQ".�?i�Cx:s�"a'..3S.f3 ,.•<sza*XNx '^n.f<>wD'os �r:vY� a.>�,�ww->,.�..x:„{yy„`�F�.K.eE xw��.>fis3.xY�k:?r»na��. R�4�t:2sn,fir?.3x:Jk10".s,:w' '1.s�e'l�ti:?Yrw..x "zwxal�,xaah�' k4ktct[�as28t�t .au...,% 9X�k`�d?4fa` .�$�E'.GsliiA;.�i.�3b�`E3AY2.^�/S�Y',kdF° :.". .. .". . h Y ) 0. is -k:.t,. ? ;: " _ :�. • : . .: - • • • •ygl •$^: - • - 1.- • - • • - v z �. / C.•• • {1" • 20 e ' • f;: r I 'iii S? v µH .: • � � Y. • I. • • w:0• • • tii • • • • • • ,..." t‘i r*t. 'T6.4. • • • • • • , ,• • • • • • ••• • k • • • •• • • • • . Le, . • • • • • • • • • • • • • • br :,d' .. rr�.v 0k11y. • • i . • • • • V. • • • , : . . : �. . . . .' r�'.•,B£f : ,$�.ffi, . . ... ... . , ..rla�.Wa�4Yd'!n$'...i&:�'ati�2,•... .b°.4£LE i Hg ; .... eRecorded in Weld County, CO Doc Id : 3698244 06/08/2010 04:34 P Page: 1 of 2 Total Fee : $42 .00 Steve Moreno , Clerk and Recorder WARRANTY DEED THIS DEED , made this 4th day of June, 2010 , between DAVID M . DUGAN of the County of Weld and State of Colorado, grantor , and MIKE DURRILL AND DIANA DURRILL whose legal address is 9406 Pierce St , Broomfield , CO 80021 -6409 of the County of Weld , State of Colorado, grantee : WITNESS , that the grantor, for and in consideration of the sum of THREE HUNDRED TEN THOUSAND AND 00/ 100 DOLLARS ( $ 310 ,000 .00 ), the receipt and sufficiency of which is hereby acknowledged , has granted , bargained , sold and conveyed, and by these presents does grant, bargain , sell , convey and confirm , unto the grantees , their heirs and assigns forever, not in tenancy in common but in joint tenancy , all the real property together with improvements, if any, situate , lying and being in the County kit of Weld and State of Colorado described as follows : SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 4 also known by street and number as : 4630 Weld County Road 5, Erie , CO 80516 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging , or in anywise appertaining , and the reversion and reversions , remainder and remainders , rents , issues and profits thereof, and all the estate, right, title , interest, claim and demand whatsoever of the grantor, either in law for equity, of, in and to the above bargained premises , with the hereditaments and appurtenances , ;.S4 TO HAVE AND TO HOLD the said premises above bargained and described , with the appurtenances, V1 unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees , their heirs and assigns , that at the time of the ensealing and delivery of these presents , he Is well seized of the premises above conveyed , has good , sure , perfect, absolute and indefeasible estate of inheritance, in law , in fee simple , and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid , and that the same are free and clear from all former and other grants , bargains , sales, liens, taxes , assessments , encumbrances and restrictions of whatever kind or nature whatsoever, except: general taxes for the current year and subsequent years subject to restrictions , reservations, and covenants of record and except easements and rights of way of record , if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees , their heirs and assigns , against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural , the plural the singular , and the use of any gender shall be applicable to all genders , IN WITNESS WHEREOF , the grantor has executed this deed on the date set forth above. S44N V•r David M . Dugan STATE OF Colorado COUNTY OF Adams 1 , Angela M . Faibo , a Notary Public of the County and State first above written , do hereby certify that the foregoing instrument was acknowledged before me this 4th day of June , 2010 , by David M . Dugan . Witness my hand"and official seal , sir Angela M . albo4 Notary Public '�► ••••••••..,•�`,• My Commission Expires: 01 /03/14 s ,• A�rC,�C�-�4 �.•3 6 After recording return to : O • gip;•.,• :.•' 0.• 1.4.144svauffiriz::‘ `11J File No.: 147193G WARRANTY DEED (To Joint Tenants) Please Detach and Return Top Portion with Your Payment Office Hours: 8: 30 a. m . - 4: 30 p. m . , Monday through Friday. Billing Inquiries: (303 ) 530-4200 Visit www. lefthandwater. org for frequently asked questions and important information . UTILITY BILL CUSTOMER NAME SERVICE LOCATION ACCOUNT NUMBER BILL DATE DUE DATE 4 MIKE & DIANA DURRILL 1 4630 COUNTY ROAD 5 4375. 03 a 03/30/2015 04/21 /2015 It your present wading is a 0, READING ROUTE $7 your account was estimated SERVICE PROVIDED FROM 02/23/2015 TO 03/23/2015 DAYS THIS BILLING 28 PREVIOUS READING 226 PRESENT READING 232 1 UNITS USED 6, 000 ADDITIONAL INFORMATION DESCRIPTION OF SERVICES AMOUNT PREVIOUS BALANCE 98 . 07 PAYMENTS 03/19/2015 Thank You. 98 . 07CR ADJUSTMENTS Balance Forward 0 . 00 WATER BASIC FEE 26 . 11 WATER USAGE • 21 . 08 ACTIVATION FEE , a 4 SHUTOFF CHARGE i � MISCELLANEOUS veu),E Account Balance 47 . 19 • TOTAL AMOUNT DUE $47 . 19 IMPORTANT INFORMATION 20300 - - _.._ Water Usage Rate below is per thousand gallons. *000 -: 16000' - . -- _ __ - RESIDENTIAL DUAL SYSTEM COMMERCIAL 14000 ---_ mow Meese 1st 4.000 $3 . 15 1st 4.000 $3. 15 S3.92 ALL USAGE 12000.- — _�� Next 16,000 $4.24 Next 4,000 $4.24 t°°°° 6000 Next 30.000 $5.41 Over 8.000 $13.30 MULTIPLE HOUSING toccI I I �' I Over 50.000 $6.68 $4.35 ALL USAGE II I , 2000[ T - ' a • Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar II LEFT HAND WATER DISTRICT Mailing Address: P.O. Box 210, Niwot, CO 80544-0210 a Office Address: 6800 Nimbus Road, Longmont,CO 80503 0 3atc )4/2 1PP I'rac /ISA %M �---- Weld County Environmental Health Services Department 1555 N . 17th Avenue a` Greeley, __r e y, CO 80631 fix' {f-Nd Phone: (970) 304-6415 Fax: (970) 304-6411 .� _`'�-'' �.� Web: weldhealth .org J -G 01217\ c_ C �� N�- 1 Septic Permit - Final Application Number: SP-1200053 Owner Name: DURRILL MICHAEL Site Address: 4630 CR 5 ERIE, CO 80516 App Type: Health\ResidentiallRepairlSeptic Application Status : KOREN GREIN Partial Final GREIN EXCAVATING LLC Applied Date: 16800 E 168TH AVENUE 03/27/2012 BRIGHTON , CO 80601 Issued Date: r #: 146709000011 -85703286 03/29/2012 Parcel Finaled Date : Legal Desc: 24806M PT W2 9 1 68 BEG 678 .71 'N & N88D46f E 2382.51 ' FROM W4 COR N88046 E 261 .66' 50O12'E 166.50' 888046'W 261 .66 N0D12 W ais 3ii 166.50' TO BEG EXC UPRR RES App Specific Info: Location Description 4630 CR 5 ERIE CO Repair Reason Type Repair for Failure Application Date 03/27/2012 Septic Permit Expiration Date 03/27/2013 Waive Fees No Number of Persons 7 Number of Bedrooms 4 Basement Plumbing Yes Full Bathrooms 2 3/4 Bathrooms 1 1 /2 Bathrooms 0 Public Water Supply Yes Public Water Supply Utility Left Hand Water Parcel Acres 1 ivo ---1"14 lc Actual installation: WIn' o OO Qv Chambers t, K Septic Tank: .7 _gallons Absorption Trench : sq ft Absorption Bed : 1 0 4 6 sq ft Design Typed Chamber Model NOTICE The issuance of this permit does not imply compliance with other state, county, or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25010-111 (2). This permit is non-transferable and non-refundable, The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet r regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completedfiy em by the Weld County Depart en loflic H Ith and Environment. e'sr -aStAn , Environmental Health Specialist Date I Report ID: EHS00033v006 Page 1 of 2 Print Date Time: 4/5/2012 2:32:54PM I. — w . 4444,..A'4' :a nmd . - P . _ " ,y • _ , !, r t - .. .. w x , p r lk •. e ,4444 , .x . % . . t•• i .0lip • 0..5,5 • • - '/ AI 4. 1,T • ., te 4 `aw �aA3k,,�• I 1 - •`• �fpy' l f •' w ' .d,E ti :41Q� .• A, , Y ' •A . �Y ,W '.lr 1 a' "'''•., ' ''f 'C. . . • f..' 5• of • :. '` �kl'.K, LI• Y,y , �`. ;I J i, • .p., a:n JiT ^ Aim"•. } . d: may. a 'k :< f ',,, �V, �1 Sift. �/ � �W ,y F 1' • r5p Y'A. b 1 c ,ytr:• ' �" , 4 i p fr,. a�'�� •,'' +£ rl�"r',a� 16,1 ,� • r. v ' . 7 A; ,,,...4., .0,, s. 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' w . . , •w �' a; ,big~ r , 'i + • 4 • • e • di IT i d ... A^ • rot • i ' • .i' .. + ! a` 7 fi t • i , t , • 3 a a — , d L • . I .• .• •` , r" 'TX • !. • , 7p, la. 0't, � *f• '• „ . • vi If , f1 • • ss: 1 • ua k, AA ti'4A 4• '! •a • +i 't a • !t' b« . 1 �ab' 9 . t 'jell {ti a ft X 0i' tit w g a 3 ,'4; J { ti .it,, 'g• .w , r +.fir 6 n 1 ti ` • • ... • • i . A it‘ %• " . ,�° , 4 x • i f sis ,„ r. i • r.. e � 'r• ;.i' -r • AL, -ilk .. . A W , 4 y r rii lc, r - - r. Ak . Surrounding N ` � t \jirjrc $L Notification RFCFVFD IAoe $ &IL) June 29 , 2015 JUL 20 tfaiJ Weld County ₹ l:.i ; lif13 !..• GREELEY 1 GREELEY OF. ICE The Weld County Department of Planning Services has received the following item for review: Applicant: Mike & Diana Durrill Case Number ZPHB15-0005 Please Reply By: July 27 , 2015 Planner: Diana Aungst Project: Zoning Permit for a Home Business (ZPHB) for lawn care service On parcel (s) of land described as: . PART W2 SECTION 9 , T1 N , R68W OF THE 6TH P. M . , D COUNTY, COLORADO. Location: Approximately 0 . 4 miles south of CR 12 ; apprt f ately 0 . 5 miles east of CR 5 (4630 CR 5) f This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments you consider relevant to this request would be appreciated . Please reply by the above listed date so that we may give full consideration to your comments . Any response not received before or on this date will be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application , please call the Planner listed above associated with the request. [ J We have reviewed the request and find no conflicts with our interest. We have reviewed the request and object for the following reasons: tot, (Dad -V-Dke c ` \nomes , S C`, A (tack (k rgis. Lie ate., i e% c $ (Neck Gl ` � \nteketSLi1 \1 ktav' Uri Q (VA & I ---- Vie aN't C_t w C Q f1\9 V\CW ;n9) G ‘ Oteik(1 d ' o*t t & 'MSS \ v1 4\NkS X" Mike_ r .. ScCer* \CLt COYVVYVAIAii , iA Ake. vac( 1\nk (lac\ u361 kuourr sAk vOut ok)f \ovoP1/4.)a, -- \‘\tc, - c*), ; ` c . L' t' Ot a 'd. Ccvt, conCG yLec askOok (;\. kaalci3 o.kr 1/44 W ci c CD\ c e ake J ,Akokte wit\ \v ' odssc,, � " n � �'� 01T c f _ — C44%.44‘*4. 54-4•E-C-)„,r•-•-"''".•°"""steet Signature �. Date t 9 Address tk 4 O CDOLn c?o o l 1 C ! CD 80S i Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Jul 23 15 05 : 19p Innovative Outdoor Design 1303 ) 828 - 1353 p . 1 PN.,e„e• Surrounding Property Owner c-i i), t , rr i .{ Notification. [.. - ti t. ! f 6 a bi, -- eb .4Ninvw_s_ June 29, 2015 The Weld County Department of Planning Services has received the following item for review: Applicant: Mike & Diana Durrill Case Number. ZPHBI 5-0005 Please Reply By: July 27, 2015 Planner: Diana Aungst Project: Zoning Permit for a Home Business (ZPHB) for lawn care service On parcel(s) of land described as: PART W2 SECTION 9 , TIN , R6$W OF THE 6TH P. M. , WELD COUNTY, COLORADO . Location: Approximately 0 .4 miles south of CR 12 ; approximately 0 . 5 miles east of CR 5 (4630 CR 6) This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your comments . Any response not received before or on this date will be deemed to be a positive response to the Department of Planning Services . if you have any further questions regarding the application , please call the Manner listed above associated with the request. [ I We have reviewed the request and find no conflicts with our interest. t a � � ect for the followin reasons. Uiv . We have reviewed the request a d ob g 1 () rico 1/4a,..--•"' 4) 1, S ' O< HO kJL* MSS9-) y--- 44,z,CACvnaad. jk of tboieNs n CkSton s % i ) u t Ei p ter, -t- ecureik h +let MOrninincpc___, C\4nCk ar\RI in i n tit wmAtintsire L Lw o o LA)01,4244.1i ,.. +-rya/42A kccojkaAcc cod- IA..., --t-Woukca -i---kige, A v , a,i, 0.evtaile\. Q, ats- Cirtist. astY4, holt %at-- ' Ica 4/-5 )--)ernt ine VP ( b-M-retPFte .• I •-ej, Oftlisinq ti:aa Ckt. 5ftY" - 4"� _ Ya. �.. ?cJodk ( ) ' (tt.,.,.}K.1 k is .Hrt 4)0 s tiOk t (LIAJ SQl. 4 t ha ' Si 4 r CL\PC, erin."3‘ k , inapt t II 0- "vr-r S 4-0 I Yr ck .0. . . 1cO1, i y\._ reks. tit-e0jcd ( ) OX-Q-19j-fr\ C3 -5 inoW_arca. ISSUa - `, Date ri _. -� r�- I G Signature �" �scr C5rti/ 0_,-.0_Addss e —�-- el' : *?7L Weld County Planning Dept. 1 555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax InRISSIPP, 81/4 Ott/ Surrounding ,414b\-Stitintlel <air Tar t rfis- : \ ! k Ks: Notification 7 ‘ . FCFIVFD ,..... , tar---------.. , ,N , . T � JUL 1 2015 1- C �,aIN. a June 29 , 2015 Weld County Planning Department GREELEY OFFICE The Weld County Department of Planning Services has received the following item for review: Applicant: Mike & Diana Durrill Case Number: ZPHB15-0005 Please Reply By: July 27 , 2015 Planner: Diana Aungst Project: Zoning Permit for a Home Business (ZPHB) for lawn care service On parcel (s) of land described as: PART W2 SECTION 9 , Ti N , R68W OF THE 6TH P. M . , WELD COUNTY, COLORADO . Location: Approximately 0 .4 miles south of CR 12 ; approximately 0 . 5 miles east of CR 5 (4630 CR 5) This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments you consider relevant to this request would be appreciated . Please reply by the above listed date so that we may give full consideration to your comments . Any response not received before or on this date will be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application , please call the Planner listed above associated with the request. [ ) We have reviewed the request and find no conflicts with our interest. [ l We have reviewed the request and object for the following reasons: / An 0/011 ty rfiejeAr 1.,X 0' w9'`- fir/2-1/7 i X2.2,- C" ' /4rc,c4 /LS OL,J , a- f A' L Pew IS y :. ( ,7b 7716 ,f q w/ Qo :45-07- 4-O/54( z amc City t1N! rev / f!'4LJX 2' /---a CJ,VLJ/-f"/ no il no (-eon-- , g trivir a3 o/&7 %M t, / MI/sr A lrp u4jr aKtsty re; 77-(4 c (S 1 ,w Gf or o . fimur c"). pi'e W Th6; / efrat Alor 7/2-Keti :72) W417. peen aU son ref -Z/ ( .7 s cloy Signature �- 4.- Date 7 9 �� Address #10tele CM l6- COt6 a 0 0 0 0 Weld County Planning Dept. 1555 N 17th Ave , Greeley, CO. 80631 (970) 353-6100 ext. 3540 (970) 304-6498 fax I Esther Gesick From: Daryll Propp <dpropp@propprealty.com> EXHIBIT Sent: Friday, October 23, 2015 2:34 PM To: Esther Gesick Cc: durrill77@gmailcom, Kent Lynch Subject: RE: High Plains Property Maintenance Zi9NB/5_opus This is for the consideration of zoning permit ZPHB15-0005 for applicant Mike and Diana Durrill Thanks, Daryll Propp From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent: Friday, October 23, 2015 2:13 PM To: Daryll Propp <dpropp@propprealty.com> Subject: RE: High Plains Property Maintenance Hello Daryll, I want to be sure I associate your message with the appropriate file. Which case number is your message referring to? Esther E. Gesick Clerk to the Board 1150 O StreetIP.O. Box 758IGreeley, CO 80632 tel: (970) 336-7215 X4226 ti r .., 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 1 or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Daryll Propp [mailto:dpropp@propprealty.com] Sent: Friday, October 23, 2015 2:04 PM To: durri1177@gmail.com Cc: Kent Lynch<klynchr)co.weld.co.us>; Esther Gesick<egesickig co.weld.co.us> Subject: High Plains Property Maintenance Mike, I am the owner of 32 acres which I purchased over 40 years ago, near road 12 and 7 in Weld County. I have been approved for 7 home sites which we are in the middle of going under contract on one of them. The price per lot will be in the $300,000 range which will include a left hand water tap of which I own several. I am in full support of the High Plains Property Maintenance company. Sometimes we all make mistakes in not get the proper permitting or approvals and it can happen to anyone as it has happened to me in the past. If anyone has any questions of me they can feel free to call me at 303-233-4000. Best Regards, Daryll Propp 2 EXHIBIT Rafaela Martinez 2P -W,15-0005- From: Diana Aungst Sent: Sunday, October 25, 2015 3:22 PM To: Rafaela Martinez Subject: FW: October 26 hearing - Mike and Diana Durrill Rafaela: Another letter of support for the 9am hearing on Monday 10/26. ZPHB15-0005 Durrill Thanks, Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970) 304-6498 daungst@weldgov.com www.weldgov.corn ,1 ! Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Sandra Henderson [mailto:sanhenl3@gmail.com] Sent: Sunday, October 25, 2015 1:52 PM To: Diana Aungst<daungst@co.weld.co.us> Subject: October 26 hearing- Mike and Diana Durrill Dear Weld County, We are in support of our neighbors, Mike and Diana Durill in their request for a zoning change. Specifically, we support that they be granted a Zoning Permit for Home Occupation Class II in the A Zone District. We own approximately 950 feet of the dirt road that has come under discussion. The small amount of traffic generated by the Durrill's landscape business has not posed a problem or caused any significant wear and tear on the dirt road (no more than others living on the road). Please let me know if I can provide additional information. Sincerely, Sandra Henderson and Tony Selle 4510 County Road 5 Erie, CO 80516 303 817 3774 2 October 23, 2015 John Karabatsos Jacqueline Tessman 4540 County Road 5 Erie, CO 80516 RE: Zoning Permit ZPHB 15-0005 To whom it may concern: We are writing this letter to contest the request for the above-referenced zoning permit. We purchased our property knowing we would be living in a residential area with no businesses around us. We do not live directly on the County Road, our nine properties are accessed by a single dirt road. We believe having a business sharing the dirt road and being in a direct line of sight from our house will decrease the value of our property and destroy the integrity of our residence. Since this hearing is of upmost importance to us, we would like Mike Thorne to act as our representative since we are unable to attend. We can be contacted by telephone at 720-299-9296. Sincerely, John Karabatsos Jacqueline Tessman EXHIBIT 2?, :15-ooas Hello