HomeMy WebLinkAbout20092220.tiffRESOLUTION
RE: APPROVE REQUEST FOR ADDITION OF CONDITION OF APPROVAL #4.J.4 TO
RECORDED EXEMPTION #4924 - GREG AND PATTY REEVES
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 July 6, 2009, the Board of County Commissioners approved Recorded
Exemption #4924, submitted by Greg and Patty Reeves, 1727 41st Street NE, Anamoose, North
Dakota, 58710, for property which is described as Lot C of Recorded Exemption #2211; located in
part of the W1/2 W1/2 of Section 17, Township 9 North, Range 67 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, Section 24-8-20.C.1 of the Weld County Code states, "Lot B of a two -lot
Recorded Exemption is eligible for future land exemption five (5) years from the date of recording
the Recorded Exemption plat. in accordance with Section 24-8-40.M", and
WHEREAS, the applicant is requesting that this requirement be waived, since the Recorded
Exemption request was to allow the Nunn Telephone Company to be able to utilize Lot A, being 0.10
acre in size and non -buildable for residential purposes, to place an unmanned telephone equipment
building on the parcel, and
WHEREAS, the Board of County Commissioners heard all 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, having been fully informed, finds that Condition of
Approval #4.J.4 shall be added, to read as follows:
"Lot B of this Recorded Exemption (RE -4924) is eligible fora future
land exemption, and is not subject to the five-year timeframe
referenced within Section 24-8-20.C.1 of the Weld County Code."
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Condition of Approval #4.J.4 for Recorded Exemption #4924, on the
hereinabove described parcel of land be, and hereby is, added to the Resolution, as stated above.
BE IT FURTHER RESOLVED that all other Conditions of Approval included in
Resolution #2009-1554, approved on July 6, 2009, remain in full force and effect.
C . Pt 1\19191--
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3647035 09/04/2009 02:52P Weld County, CO
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk Si Recorder RE4924
i7`11 o /01
2009-2220
REQUEST FOR ADDITION TO CONDITIONS OF APPROVAL FOR RE #4924 - GREG AND
PATTY REEVES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of August, A.D., 2009.
OARD OF COUNTY COMMISSIONERS
ELD COY, COLORADO
---
ATTEST am'g
Weld County Clerk to the Bo
BY\
Derdukv Clerk tb the Board
APPR
my Attorney
ialoci
am F. Garcia, Chair
David E. Long
11111111111 IOU Ills 111111 111111 11111III 11111 IIII liil
3647035 09/04/2009 02:52P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Date of signature
2009-2220
RE4924
iik
COLORADO
TO:
FROM:
SUBJECT:
MEMORANDUM
Board of County Commissioners August 19, 2009
Chris Gathman, Planner Ill
Note for RE -4924 (Greg & Patty Reeves)
The Department of Planning Services has forwarded application RE -4924 to the Board of
County Commissioners. The applicant is requesting a note on the RE -4924 plat that Lot B of
RE -4924 not be subject to the 5 -year wait requirement outlined in Section 24-8-20.11 of the
Weld County Code prior to applying to split Lot B of RE -4924.
Background information:
Legal Description:
Parcel number:
Location:
Acres:
Lot C of RE -2211; Located in Part of the W2W2 of Section 17, T9N,
R67W of the 6th P.M., Weld County, CO.
045317200012
North of and adjacent to CR 104 and east of and adjacent to CR 15.
133.81 +1 -
Weld County Code Requirement: Section 24-8-20.8.1 of the Weld County Code states: "Lot B of
a two -lot recorded exemption is eligible for future land exemption five (5) years from the date of
recording the exemption plat, in accordance with Section 24-8-40.M."
Applicant Request: The applicant is requesting that the above requirement be waived for this
recorded exemption. Recorded Exemption 4924 was approved by the Board of County
Commissioners on July 6, 2009. This recorded exemption request was to allow Nunn Telephone
to divide of a .10 acre parcel from the remainder of the property for the purpose of placing an
unmanned phone equipment building on the site.
Department of Planning Services Recommendation: Given the unique circumstances of this
case, staff is in support of this request. Normally telephone equipment sites are created through
the Subdivision Exemption process for public utility facilities. Subdivision Exemptions are
created under a separate land use process do not affect the 5 -year timeframe for Recorded
Exemption lots. Lot A of RE -4924 is not buildable for residential purposes.
The Department of Planning Services recommends that the following be added as a note (Note
#4) on the plat:
"Lot B of this recorded exemption (RE -4924) is eligible for a future land exemption and is
not subject to the 5 -year timeframe stated in Section 24-8-20.C.1 of the Weld County
Code."
2009-2220
Chris Gathman
From:
Sent:
To:
Subject:
Dear Chris,
Camdens Naturals [camdensnaturals@yahoo.com]
Friday, August 14, 2009 9:05 AM
Chris Gathman
Re: FW: Note to file for Greg & Patty Reeves
I spoke with Greg from Nunn Telephone this morning, regarding the clarification of the
RE -4924, and future divisions of the Lot B. It is my understanding that I am to place a
note on the mylar clarifying this issue. Is there any particular location it should be
placed, and is it to be numbered consecutively to the last standard already on the mylar?
Also, is the following verbage adequate the this purpose:
Lot B shall not be subject to the 5 -year waiting period for future recorded exemptions as
stated in 24-8-20.B.1 of the Weld County Code and is eligible for a recorded exemption at
this time.
Please let me know if this is acceptable. As we are scheduled to close mid -week, I will
greatly appreciate your prompt reply.
Thank you for your help in this matter.
Very sincerely,
Patty Reeves
--- On Fri, 8/14/09, Greg <greg@ezlink.com> wrote:
From: Greg <greg@ezlink.com>
Subject: FW: Note to file for Greg & Patty Reeves
To: camdensnaturals@yahoo.com
Date: Friday, August 14, 2009, 1:57 PM
Original Message
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Friday, August 14, 2009 7:16 AM
To: greg@ezlink.com
Subject: Note to file for Greg & Patty Reeves
Greg,
I spoke to our County Attorney and he indicated a note should be placed in
the Reeves recorded exemption file that states that Lot B is eligible for a
recorded exemption at this time (the 5 -year time frame does not apply).
Therefore I have drafted the attached memo that will be placed in the
RE -4924 file and have drafted the following letter that will be mailed today
to the Reeves.
I do not have the Reeves e-mail address. If you have it please forward this
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