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HomeMy WebLinkAbout20130882.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF MINOR AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR12-0012 - MARLIN NESS 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, by Resolution dated January 28, 2004, the Board approved the request of Marlin Ness for a Site Specific Development Plan and Use by Special Review Permit #1431 for an RV Park and Storage and Recreation Area in the A (Agricultural) Zone District, on the following described real estate, to -wit: Part of the N1/4 of Section 21, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, on January 30, 2013, Minor Amendment to Use by Special Review Permit, MUSR12-0012, was recorded, and WHEREAS, the Board has received a request from the current property owner, Marlin Ness, 501 East 27th Street, Greeley, Colorado 80631, to vacate a portion of said Minor Amendment to Use by Special Review Permit, MUSR12-0012; being further described as Lot A of Recorded Exemption, RECX12-0111; part of the W 1 /2NE1 /4 of Section 21, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant shall submit a revised plat, titled "Partial Vacation of Minor Amendment to Use by Special Review Permit, MUSR12-0012", conforming to Section 23-2-260.D of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Minor Amendment to Use by Special Review Permit, MUSR12-0012, be, and hereby is, partially vacated, with the abovementioned condition, with said plat to be titled and recorded as Partial Vacation of Minor Amendment to Use by Special Review Permit, MUSR12-0012. 3927274 0: 1 of 2 4/25/2013e 10:54gesAMR Fee:.00 w00d County CO ■ill ?aA4'LILNClerk andRecorder, Iviallegi, t1$$?+.PLOIMIA A,it 11111 q( 2013-0882 PL1699 PARTIAL VACATION OF MINOR AMENDMENT TO USE BY SPECIAL REVIEW PERMIT, MUSR12-0012 - MARLIN NESS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of April, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD CY, COLORADO ATTEST: ew_eas ,x ` Weld County Clerk to the Board BY APP puty CI -r - to the Board Attorney APR 18 2013 Date of signature: William . Garcia, Chair oouglss Rademacher, Pro-Tem an P. Conway e Freeman XCUSED Barbara Kirkmeyer 3927274 Pages: 2 of 2 04/25/2013 10:54 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®��� F4r1li�Glls �11r4�'If INh'!iIIVAllrtki14F145114, Bill 2013-0882 PL1699 To: From: Subject: Date: MEMORANDUM Board of County Commissioners Diana Aungst, Planner I Partial vacation of MUSR12-0012 - Marlin Ness April 8, 2013 The Department of Planning Services has received the attached letter dated February 12, 2013 from Marlin Ness. Mr. Ness is requesting that MUSR12-0012 be vacated on Lot A of RECX12- 0111 as a condition of approval for this Recorded Exemption. If approved the applicant will need to submit a revised USR map per Section 23-2-280 of the Weld County Code. The Department of Planning Services is recommending approval of this partial vacation. Background information: Legal Description: Lot A of Recorded Exemption RECX12-0111 Part of W2NE4 Section 21 T5N, R65W of the 6th P.M., Weld County, CO. Location: South of and adjacent to East 28th Street (State Highway 34 Frontage Road) and approximately 1/2 mile east of 1st Street. January 30, 2013: MUSR12-0012, a minor amendment to USR-1431, was recorded on January 30, 2013 for, A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit USR-1431 (an RV Park and Storage and Recreation Area) in the A (Agricultural) Zone District to remove the development standards #14 (All campers and recreation vehicles (RV) using the facility must be full self-contained in regard to water and sewage) and #15 (There shall be no disposal of sewage or any waste at this facility) to allow RVs to be connected to septic systems and a water system and to allow a future club meeting area/restroom area. January 28, 2004: USR-1431 was approved by the BOCC on January 28, 2004, for A Site Specific Development Plan and Special Review Permit #1431 is for an RV Park and Storage and Recreation area in the A (Agricultural) Zone District. 2013-0882 February 12, 2013 Weld County Planning Department 1555 N 17th Ave Greeley, CO 80631 970-353-6100 RE: Request to Vacate Lot A of RECX12-0111 from USR-1431 To Whom It May Concern; We would like to request that Lot A of RECX12-O111 be vacated from USR-1431 as per the request of the Weld county Department of Planning Services per their letter dated December 11, 2012. Sincerely Marlin Ness 501 E 27`" St. Greeley, CO 80631 970-302-0929 NEI/4 COE. SEC. 21, l@2 ROPE Mum cat) SW COM W1/2 11E1/4 S! . a, Zei. rasr. r%.A:ZE 0 53T (N PAVIA) A CCM RDNON NW S5 tier vita "Tai Val �E to.�yF1 OROEMAY3 T. SIDEWAYS SEC EL 75'2 RIM N89'.i0'26'E 85:3.66' I / 3 1/i' ALIN. Vv May+ • is 4307 • k -(a EEC PEDESTAL OA YELL— OA. 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