HomeMy WebLinkAbout790524.tiff OFFICE OF WELD COUNTY COUNCIL
PHONE (303) 3564000 EXT.482
915 10TH STREET,ROOM 339
GREELEY,COLORADO 80631
C.
COLORADO
August 7, 1979
Mr. Norman Carlson
Board of Commissioners
915 10th Street
Greeley, CO 80631
Dear Mr. Carlson and Members of the Board:
At the August 2, 1979 Council meeting Mr. and Mrs. Ed Ohman made a
presentation to the Council regarding their request to split their
10 acres of land two miles from Eaton.
Their request for a lot size variance was approved by the County
Commissioners in a 3-2 vote, but after a considerable investment of
time and money, their request for a recorded exemption was denied
in a 2-2 vote in the absence of Commissioner Carlson.
The Ohmans presented a case to the Council that highlights the
frustration of citizens who endeavor to adhere to County planning
procedures without wanting to waste their money on required surveys
and fees only to have their requests denied.
The Council feels that it would be appropriate if the County
Commissioners waived all County fees in the case of a reapplication
of this specific land split for Carol and Ed Ohnan.
The County Council suggests that the County Commissioners review the
procedures involving land variances for required exemptions,
subdivision exemptions, and frontage variances and any other
procedures involving citizens' requests for special consideration,
to permit final hearing involving one tract of land to be heard
by the Commissioners at one time.
Sincerely, C`1 �µ,�IS�,� tAS f
WELD t Pty t
Robert Martin AU�13 ';91g
Council President
cc: Mr. and Mrs. Ohnan GREELEY. pOLQ
Mr. Gary Fortner
Susie Dayton
790 524
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1'i1ONF: (30314000 EXT. 200
P.O. 758
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COLORADO August 20 , 1979
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Mr. Robert Martin, President P\ f��19
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Weld County Council .
915 10th Street ceS
Greeley, Colorado 80631
Dear Mr. Martin and Members of the Weld County Council :
We have received your letter of August 7 , 1979 in which you expressed
certain concerns regarding an application for a recorded exemption by
Mr. and Mrs. Ed. Ohman which was denied after a public hearing before
the Board of County Commissioners .
With regard to your concerns regarding the procedures involving
land variances, recorded exemptions , subdivision exemptions and
other land use matters, please be advised that our Planning Staff
is now in the process of re-writing the Zoning Resolution and
examining all the procedures involving land use matters which re-
gularly come before the Board of County Commissioners and the Board
of Adjustment . The Board of County Commissioners will make every
effort to streamline these procedures and to remove any inequities
that might exist in the present Zoning Resolution.
Whenever a land use application such as the one involving Mr. and
Mrs . Ed Ohman is heard by the Board of County Commissioners , the
Board must make its decision based on the evidence presented to
the Board at the hearing on the application. If an application
involving a land use matter is denied by the Board of County Com-
missioners, the EXCLUSIVE remedy for review of the action of the
Board of County Commissioners is found in Rule 106 (a) (4) of the
Colorado Rules of Civil Procedure, which does in fact provide a
simple and speedy judicial review of any such action of the Board
of County Commissioners in denying any land use matter.
Mr. and Mrs . Ohman, by their failure to seek judicial review of the
action of the Board of County Commissioners , have apparently accepted
the action of the Board in denying their application for a recorded
exemption, and therefore, we must consider the matter closed .
With regard to the waiver of County fees , it is the general policy
of the Board not to waive fees as the fee structure is set up sim-
Mr. Robert Martin
Page 2
August 15, 1979
ply as a partial cost recovery mechanism to help alleviate the
ever-increasing costs of processing land use applications .
Very truly yours,
Norman Carlson, Chairman
Board of County Commissioners
NC:ss
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