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HomeMy WebLinkAbout20032828.tiff c/ RESOLUTION RE: APPROVE VACATION OF SPECIAL REVIEW PERMIT #902 - SANDRA FRASIER 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, by Resolution dated Mach 14, 1990, the Board did approve Special Review Permit#902 for a for a Single Family Dwelling Unit on a Lot under the Minimum Lot Size in the A (Agricultural) Zone District for Sandra Frasier on the following described real estate, to-wit: SW 1/4 NE1/4 of Section 7, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from Sandra Frasier, 22955 Weld County Road 61, Kersey, Colorado 80644, to vacate said Special Review Permit #902, 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 all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Special Review Permit#902 be, and hereby is, vacated. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of October, A.D., 2003. BOARD OF COUNTY COMMISSIONERS ���� WEI�B�COUNTY, COLORADO ATTEST: f�//)te4,4 di t (CO L1 �` vid E. Lo , hair Weld County Clerk to the Board Robert D. den, Pro-Tem B lerk to the Board M. J. eile A , • tai I t� , �� . _ T. William H. Jerke orne Glenn Vaad Da e o signature: /0y/Ss' 1111111111111111111111111111111111111 111111111111 coo - ga 8 3118001 10/17/2003 11:11A Weld County, CO D6 go;/L��,i 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk & Recorder CAROL Harding - Re: Additional Vacation Language Page 1 From: BRUCE Barker To: Katyryniuk, Michelle Date: 10/2/03 9:03AM Subject: Re: Additional Vacation Language She has already asked for the vacation of the USR when she consented to it on the record. Now we just need to follow through with the paperwork (reso on the BOCC agenda). Bruce. >>> Michelle Katyryniuk 10/02/03 08:58AM >>> Bruce, Will the applicant then need to vacate the USR before or after the RE has been recorded? Michelle >>> BRUCE Barker 10/02/03 08:31AM >>> See the attached. I added another WHEREAS paragraph to deal with the applicant's consent to vacate USR-902. CC: Harding, CAROL 2003-2828 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR SINGLE FAMILY DWELLING UNIT ON A LOT UNDER THE MINIMUM LOT SIZE IN THE AGRICULTURAL ZONE DISTRICT - CLINTON AND JULIA WAREHIME 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 14th day of March, 1990, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Clinton and Julia Warehime, 22985 Weld County Road 61, Kersey, Colorado 80644, for a Site Specific Development Plan and Special Review Permit for a single family dwelling unit on a lot under the minimum lot size in the Agricultural Zone District on the following described real estate, to-wit: SW} NE* of Section 7, Township 4 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were represented by Fred Otis, Attorney, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicants and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicants have shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan. -P12673 / 900242 Page 2 RE: USR - WAREHIME b. The proposed use is consistent with the intent of the Agricultural Zone District. The proposal will not remove prime agricultural land from production. c. The use will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. d. Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a single family dwelling unit on a lot under the minimum lot size in the Agricultural Zone District on the hereinahove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the issuance of building permits, a Weld County Septic Permit shall be obtained for the proposed home septic system and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 4. Prior to recording the Special Review Permit plat: a. The applicant shall submit access agreement(s) which will provide the right to use a minimum 25-foot access easement from Weld County Road 61 to the site. The agreement shall include conveyance of the right to cross the Lower Latham Ditch. The agreement shall be recorded with the Special Review 900242 Page 3 RE: USR - WAREHIME Permit plat after approval by the Weld County Attorney's Office. b. The Special Review Permit plat shall be amended to show the access easement at least 25 feet in width. c. An erosion control plan, approved by the West Greeley Soil Conservation District, shall be submitted to the Department of Planning Services. e. The following nutes shall be placed on the plat: i) Weld County does not provide access to this parcel by public right-of-way or publicly maintained roads. ii) School bus transportation will be available on Weld County Road 61 between Weld County Roads 46 and 48. The requirements of School District RE-7 must be met before school bus service will be provided to the site. f. The legal description of the easement shall be shown on the Special Review Permit plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 1990. BOA OF COUNTY COMMISSIONERS ATTEST: BOL UNTO, C ORADO Weld County Clerk and Recorder K�/ and Clerk to the Board 'Gene Brannerr,, Chairman CT-N ant-114--: ei i,(wn.ai eorge K nnedy, Pro hem puty County Cl rk EXCUSED APPROVED AS TO FORM: Constance L. Harbert .Ki C.W. K rby 47e County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 900242 Hello