HomeMy WebLinkAbout20051269.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW PERMIT#1345 - SETH AND KAYE WARD
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 the 21st day of March,2005,a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Seth and Kaye Ward,
34283 Weld County Road 33,Greeley,Colorado 80631,were in compliance with certain Conditions
of Approval and Development Standards contained in Use by Special Review Permit#1345 for one
Single-Family Dwelling Unit Per Lot(other than those permitted under Section 23-3-20.A of the Weld
County Code) in the A (Agricultural) Zone District, and
WHEREAS,the alleged violations were said to be occurring on property described as part
of the NW 1/4 and N1/2 SW 1/4 of Section 3, Township 6 North, Range 67 West of the 6th P.M.,
Weld County, Colorado, and
WHEREAS,at said hearing the Board deemed it advisable to continue the matter to April25,
2005, to allow the applicant to submit a final plat, and
WHEREAS, on April 25, 2005, after hearing testimony from the Department of Planning
Services stating that said final plat has been submitted,the Board finds that there is not sufficient
probable cause to schedule a Show Cause Hearing to consider whether or not said Use by Special
Review Permit should be revoked for failure to comply with certain Conditions of Approval and
Development Standards, and deems it advisable to dismiss said probable cause.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Probable Cause concerning Use by Special Review Permit#1345 issued
to Seth and Kaye Ward, be, and hereby is, dismissed.
2005-1269
PL1554
4(7. /9G, , (-' 7/2 C4 • PIG O.5 i� l�
DISMISS PROBABLE CAUSE - SETH AND KAYE WARD (USR#1345)
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 25th day of April, A.D., 2005.
��..` BOARD OF COUNTY COMMISSIONERS
]E11,,a� 1 WELD COUNTY, COLORADO
1861Vc1:4 ' "" �" �� William H. rke, Chair
Clerk to the Board /�2 L41--'
®(�j -°,�, M. eile, Pro-Tem
Deputy Clerk to the Board
D 'd E. Lon
APP D AS TO ' %:
Rob D. Masdjen
our*Attorney Glenn Vaad
Date of signature: 4154 EL5—
2005-1269
PL1554
#C(1: MEMORANDUM
IRip . TO:
Weld March 2, 2005 County
Board of County Commissioners
DATE:COLORADO
FROM: Sheri Lockman, Planner II
SUBJECT: Probable Cause for USR-1345 located on part of the NW4
and the N2 SW4 of Section 3, Township 6 North, Range 67
West of the 6th P.M. Weld County, Colorado.
Use by Special Review 1345 was approved by the Board of County Commissioners on
September 26, 2001 for one single-family dwelling unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code. An early release of building permits was also
granted and the home has since been finished.
USR 1345 has been stored in the Planning Departments pending files since 2001 waiting for
submittal of the final plat. Planning Staff has contact Mr. Ward numerous times hoping to have
the plat submitted to our office. We have also contacted Vaught-Frye Architects who completed
the plat for Mr. Ward. They indicated that they had delivered the final mylar plat to Mr. Ward.
Planning Staff has also offered to complete the mylar plat for Mr. Ward if he would pay the
mylar and recording fee and obtain the required signatures.
Because Planning Staff has been unable to resolve the issue, a Probable Cause hearing has
been set so a resolution can finally be obtained.
P�.�s5v
a
DEPARTMENT OF PLANNING SERVICES
918 10TH STREET
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us EMAIL: ockman@co.weld.co.us
C. PHONE (970)1 353-6100, EXT. 3540
FAX (970)
3 -6498
COLORADO
March 2, 2005
Kaye and Seth Ward
35712CR19
Windsor, CO 80550
Subject: Noncompliance of Use by Special Review permit 1345 for one single-family dwelling unit per
lot other than those permitted under section 23-3-20.A of the Weld County Code.
Located in part of the NW4 and N2 SW4 Section 3, T6N, R67W of the 6th P.M., Weld
County, Colorado
Dear Mr. and Mrs. Ward:
Notice is hereby given that on Monday March 21, 2005, at 9:00 a.m., or as soon thereafter as the agenda
of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will
hold a Probable Cause public hearing pursuant to Section 23-2-270 of the Weld County Code. This
meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10th
Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number USR-1345 for compliance with the
Development Standards as approved by the Board of County Commissioners on September 26, 2001
to determine if probable cause exists to hold a hearing on revocation of USR-1345.
The Department of Planning Services has identified that you are not in compliance with the following
condition of approval for USR-1345:
Condition #1 — The attached Development Standards for the Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording. The completed plat shall
be delivered to the Weld County Department of Planning Services and be ready for
recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the
Board of County Commissioners.
Condition #2.A.1) —The plat shall be amended to delineate the following: Weld County
Road 19 is designated on the Windsor Study Area Capacity Improvement Needs as a
collector status road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 40 feet from the centerline of Weld County Road
19 shall be delineated on the plat as right-of-way reservation for future expansion of Weld
County Road 19. This road is maintained by Weld County.
• •
If it is determined at the public hearing that there is probable cause that you are not in compliance with
USR-1345, the Board of County Commissioners will schedule a Show Cause public hearing to consider
revocation of the Special Review permit.
The Department of Planning Services is willing to help you by making the required mylar plat using the
paper copy submitted with your application. We are also willing to make the required change regarding the
County Road right-of-way. However, it would be your responsibility to pay the $25 mylar fee, the $11
recording fee, sign the mylar on the Property Owner's Certificate and obtain the evidence regarding the
water tap.
If the final conditions of approval are completed prior to the date of the hearing, it would not be necessary
for you to be present at the hearing. If you have any questions regarding this matter, please contact me at
the above number.yRe p ctfully,
� c
" Sheri Lockman
Planner II
U.S. Postal Service,.
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O Sent To
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PS Form 3800.June; ,
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SENDER. COrJIY I - _.- .>`t•trim'ON DELIVERY
• Complete Items 1,2,and 3.Also complete
item 4 if Restricted Delivery is desired. X 17 ' ..._nt
.dresses
• Print your name and address on the reverse !
so that we can retum the card to you. . -. ,, by(Printed Name) C. :te of Delivery
• Attach this card to the back of the mailplece, 3 7 C
or on the front If space permits. / -O5
D. Is delivery address different from item 1? O Yes
1. Article Addressed to:
If YES,enter delivery address below: O No
KAYE AND SETH WARD
35712 CR 19
WINDSOR, CO 80550
3. Service type
XCerffffed Mall ❑Express Mail
❑Registered O Return Receipt for Merchandise
❑ Insured Mall O C.O.D.
3L 4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7003 1010 0002 8989 2662
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
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THE WARD RESIDENCEgi
35712 WELD COUNTY ROAD 19 �'R 1
WELD COUNTY,COLORADO
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