HomeMy WebLinkAbout20110786.tiff RESOLUTION
RE: APPROVE REQUEST TO DELETE DEVELOPMENT STANDARD #12 FOR USE BY
SPECIAL REVIEW PERMIT #1479 - FRED AND CAROL LEY
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, on September 1, 2004, the Board of County Commissioners conditionally
approved the request of Fred and Carol Ley, 23959 County Road 51, Kersey, Colorado, 80644,for a
Site Specific Development Plan and Use by Special Review Permit #1479 for a Single Family
Dwelling Unit(other than those permitted under Section 23-3-20.A of the Weld County Code) in the
A (Agricultural) Zone District, for property which is described as Lot A of Recorded
Exemption #3317; being part of the NE1/4 of Section 6, Township 4 North, Range 64 West of
the 6th P.M., Weld County, Colorado, and
WHEREAS, Development Standard #12 on the approved Use by Special Review #1479
states, "The applicant shall apply for a Recorded Exemption of a second home within sixty(60)days
from September 23, 2007, and the Use by Special Review shall be vacated," and
WHEREAS, Fred and Carol Ley, have requested the Board of County Commissioners to
delete Condition of Approval #12 for Use by Special Review Permit#1479, which will result in no
change to the property and will bring no additional impacts to the neighboring property owners, and
WHEREAS, on March 23, 2011, the Board of County Commissioners reviewed the
recommendation of the Weld County Department of Planning Services, and heard the testimony
presented in this matter and, having been fully informed, deems it advisable to delete Development
Standard #12.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Fred and Carol Ley, to delete Development Standard#12 for
Use by Special Review Permit#1479 be, and hereby is, approved.
w �( , LLY 2011-0786
4-1(-ll PL1735
USR#1479— FRED AND CAROL LEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, CO ORADO
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ATTEST: '�i✓fir+ J �I//Il(I, ,!/b,de
`'�;j arbara Kirkmey r, Chair
Weld County Clerk to -.,, � • .�1aMP
• �� Sea Pnway, Pro-Tem BY: cili
Deputy Clerk to the Boaa'��� � Vd K Garcia
APPEOVED ASRM: am
. � cad.
David E. Lo
6 l 7.7e'r 1�2j/iz�
/County Attorney
DouglOs Rademacher
Date of signature: '0/I//i/
2011-0786
PL1735
'tom MEMORANDUM
€. TO: Weld County Commissioners
COLORADO DATE: March 21, 2011
FROM: Chris Gathman e. S.
SUBJECT: Proposed modifications to USR-1479— Development
Standard #12 (Ley)
Request: The applicants— Fred & Carol Ley, are requesting that Development Standard #12 of
USR-1479 be waived.
Legal: USR 1479 is located within the boundaries of Lot A of RE-3317; located in the NE4 of
Section 6, T4N, R64W, Weld County.
Location: South of and adjacent to County Road 50 and West of and adjacent to County Road
51.
Background: USR-1479 (A Single Family Dwelling Unit other than those permitted under Section
23-3-20.A of the Weld County Code) was approved by the Board of County Commissioners on
September 1, 2004. This USR allowed two residences to be located on a single parcel (an
existing residence built in 1900 and a 2005 mobile home). Development Standard #12 on the
approved USR-1479 resolution read:
"The applicant shall apply for a Recorded Exemption for a second home within 60-days from
September 23, 2007, and the USR shall be vacated."
The daughter of Mr. and Mrs. Ley live in the second dwelling and are applying for a Class I
Home Occupation Permit for a home daycare facility for up to eight (8) kids.
Staff Recommendation: Staff is in support of the applicant's request. The development standard
requiring an applicant to apply for a recorded exemption has not been a part of approved
resolutions for these types of cases for several years. The removal of this development standard
will result in no change to the property and will result in no additional impacts to neighboring
property owners. The two homes are already located on the property and will be located on the
property whether or not a recorded exemption occurs.
2011-0786
To whom it may concern,
I, Fred J and Carol S Ley, do not wish to do the recorded exemption referred to in the
plat note USR-1479 part 12. We never received any further notice from the county on this
matter. We understand, an exemption is no longer a requirement of a USR permit. We feel
that since the property will not change ownership, than we would like to keep it as one lot. We
thank you for this consideration.
Fred J Ley Date
Carol S Ley Date
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