HomeMy WebLinkAbout20033069.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SUBSTANTIAL CHANGE REGARDING
RECORDED EXEMPTION #2491 - HENRY AND GILLIAN KELLY
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, the Board of County Commissioners held a public hearing on the 3rd of
November, 2003, at the hour of 10:00 a.m. in the Chambers of the Board, on behalf of Henry and
Gillian Kelly, 7505 County Road 102,Wellington, Colorado 80549,for the purpose of considering
whether or not there has been a substantial change in the facts and circumstances regarding the
application for a Recorded Exemption, which was denied by the Weld County Board of County
Commissioners on September 20, 1999, and
WHEREAS, said action was taken concerning property described as:
N1/2 S1/2 S1/2 of Section 19, Township 9 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, said hearing was conducted pursuant to the Board's policy concerning
applications for land use for property previously denied,as set forth in Section 2-3-10 of the Weld
County Code, 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, having been fully informed, finds that said request to apply for a
Recorded Exemption shall be approved for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has
demonstrated that a substantial change in facts and circumstances has occurred.
a. Criteria 1,Has the land use application has substantially changed?--There
have been substantial upgrades along the Weld County Road 13 section line.
b. Criteria 4,Within the concept of rehearing the previously denied application,
is there newly discovered evidence that the applicant could not have
discovered with diligent effort at the time of the original application? --The
applicant has submitted a copy of a sixty(60)foot easement for access and
utilities along the west side of Section 19.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that there has been a substantial change in the facts and circumstances
regarding the application of Henry and Gillian Kelly for a Recorded Exemption.
2003-3069
RE2491
P0 : ()L /913°L_ 0/943
SUBSTANTIAL CHANGE - HENRY AND GILLIAN KELLY
PAGE 2
BE IT FURTHER RESOLVED by the Board that the request of Henry and Gillian Kelly to
apply for a Recorded Exemption be, and hereby is, approved.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 3rd day of November, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
A-�` WEL OUNTY, ORADO
ATTEST: �� E��L�` G
�i .1 �` C cOL vid . Lo Ch it
F
Weld County Clerk tb the •� _
Ro ert D. Masden, ro-Tem
Deputy Clerk to the . -'d ` � EXCUSED
M. J. Geile
RO AS T �
William H. Jerke /1
unty Attorn CLiA Glenn Vaad
8
Date of signature: 1111
2003-3069
RE2491
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, Colorado 80631
Phone (970)353-6100, Ext. 3540-Fax#(970) 304-6498
APPLICATION FOR SUBSTANTIAL CHANGE
Application Fee Receipt Number Case Number
Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
N/2, S/2, S/2 of Sec. 19,
Legal Description: T9N, R67 W of 6th P.M. Total Acreage: 80 ac Zoning A
Parcel Number_Q 5_ _a_0_ QZ(12 digit number-found on Tax I.D. Information or
obtained at the Assessor's Office).
Case number under which you are requesting the substantial change: RE 2491
FEE OWNERS OF PROPERTY
Henry W. Kelly and
Name: Gillian E. Kelly Home Phone# 897-2646 Work Phone# 667-6286, ext,229 -
Address: 7505 CR 102 City/State/Zip Code Well jigton, CO Ro549
Applicant or Authorized Agent: Phone#
Address: City/State/Zip Code
Name: Home Phone# Work Phone#
Address: City/State/Zip Code
I hereby state that all statements and plans submitted with the application are tru d correct to the best of my
knowledge.
Sign re: Ow uth zed Agent
By: Lucia A. Lile
5
2003-3069
kEa49I
e
SUBSTANTIAL CHANGE QUESTIONNAIRE
EVIDENCE OF SUBSTANTIAL CHANGE
• Since the time of the applicant's original application, the section line roads in the
immediate vicinity (WCR 13, 15 and 102) have been upgraded by the property
owners in the vicinity, either as a condition of an approved Recorded Exemption,
or in cooperation with other property owners, including this applicant. WCR 15
and WCR 102 have been straightened, widened and regraded within the last year.
This applicant has applied road base to WCR 15 from its intersection with WCR
102 north along the applicant's frontage to the northern edge of the applicant's
property. WCR 102 has recently had road base applied to make it an all weather
road. The applicant has and is participating financially, on an equal basis, with the
other area property owners in the upgrading and maintenance of these roads.
WCR 13 has been straightened, graded and has had road base applied.
Maintenance of WCR 13 is ongoing and the applicant participates financially in
this work.
• The applicant would be willing to upgrade and maintain the right-of-way of the
section line roads adjacent to his property if required by the Board of County
Commissioners as a condition of an approved Recorded Exemption.
• This applicant has been granted a permanent 60-foot wide easement for access and
utilities along the west boundary of its property (the WCR 13 section line) by the
former owner of the section. This easement will provide direct access from the
proposed Lot B to WCR 102 (for travel east to Nunn) and to Larimer CR 66 (for
travel west to I-25, Wellington and Fort Collins). A copy of the recorded Access
and Utility Easement is provided.
• The County has recently approved two other Recorded Exemptions in this half
section (RE-3221 approved December 20, 2001, and RE-3482 approved February
3, 2003)based upon upgrades to the roads and proof of legal access via the Access
and Utility Easement along the WCR Road 13 section line.
• LILEY, ROGERS & MARTELL, LLC ■
ATTORNEYS AT L A W
April 8, 2003
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Re: Application for Substantial Change
Previously denied application: RE-2491
Dear Planners:
On behalf of Henry W. Kelly and Gillian E. Kelly, owners of an 80-acre parcel of
land in northwest Weld County, please process this request for permission to apply for a
Recorded Exemption based on a substantial change in the facts and circumstances
regarding a previously denied application (RE-2491):
• Application for Substantial Change (original and 25 copies);
• Evidence of Substantial Change (original and 25 copies);
• Map of previous proposal and map of new proposal (original and 25 copies
of each);
• Copy of the recorded deed to Henry W. Kelly and Gillian E. Kelly;
• Affidavit and names and addresses of surface owners within 500 feet;
• Affidavit and names and addresses of mineral owners and lessees;
• Check for $20 to the Clerk to the Board to cover publication costs; and
• Check for $200 to the Department of Planning Services to cover the
application fee.
LUCIA A. LILEY • JAMES A. MARTELL • TODD W. ROGERS
THE PETER ANDERSON HOUSE r 300 SOUTH HOWES STREET • FORT COLLINS, COLORADO 80521
TELEPHONE: (970)221-4455 • FAX: (970)221-4242
Department of Planning Services
April 8, 2003
Page 2
Please schedule this request for consideration by the Board of County
Commissioners.
If you have any questions or need additional information to process this request,
please feel free to contact me.
Sincerely,
LILEY, ROGERS & MARTELL, LLC
By GC.i
uci A. Lile
LAL/jpk
Enclosures
Pc: Hank and Gillian Kelly
- 1 111111 11111 1111111111111111111119111111111111111111
2809842 04/30/1988 03:47P 6.td County CO
I of 2 R 11.00 D 0,00 JA Sul(' Tsukooeto
ACCESS-AND-UTILITY EASEMENT
The Grantor reserves, grants and conveys to owners their heirs and assigns
forever a 60 foot easement for access road and or utilities.
Said easement to be 60 feet in width and be located along the entire West 60 feet
of the South ' of Section 19, Township 9 North, Range 67 West of the 6th P.M.
Weld County, Colorado.
Said easement to be for the use of all owners and or assigns in West% of Section
18 and all of Section 19, Township 9 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
Grantor
Owner of the South %2 of Section 19,T9N, R67W, of the 6th P.M.
Date
7.001 9NINNV1d 113M 9669 tot OL6 lYd 6T:61 ZO/90/60
1 tillll IID111111111111111111111111111 III INii 11111111
2009042 04/30/1990 03:4W W•14 County CO
��� 2 of 2 R 11.00 0 0.00 JA Suitt Tsukuneie
`%/J//�J �STATE OF l -�
). as..
COUNTY OF aides( )
The foregoing instrument was ack owledged before me this ale
day of ° , 1998 by 4507?41 13A) R. Si du/e//
""et`„ a 40°.„"s Witness my hand and official seal.
�r•^'-�Ydir'y My commissionexxpppirr/es/�; Se-ale-Po-OD
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