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Home My WebLink About20002849.tiff 7(bG RESOLUTION RE: RESCIND RESOLUTION #2000-2010 CONCERNING MINOR RESUBDIVISION, S #537, FOR THE VACATION OF A PORTION OF ROAD RIGHT-OF-WAY ON BURLINGTON STREET AND A PORTION OF A DEDICATED ALLEY LYING NORTH OF LOTS 2, 3, AND 4, BLOCK 6, TOWN OF ROGGEN, COLORADO - BILL AND HAZEL METCALF 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 August 21, 2000, the Board of Commissioners approved Minor Resubdivision, S #537, for the vacation of a portion of road right-of-way on Burlington Street and a portion of a dedicated alley lying north of Lots 2, 3, and 4, Block 6, Town of Roggen, Colorado, property which is located in part of Section 6, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado, with Conditions of Approval, and WHEREAS, the Board has been presented with a request from Bill and Hazel Iviercaif, P.O. Box 64, Roggen, Colorado 80652, for review of Condition of Approval #3 for said Minor Resubdivision, and WHEREAS, after further review of the circumstances regarding said Minor Resubdivision and Department of Planning Services staff comments, and hearing the testimony presented, the Board deemed it advisable to rescind Resolution #2000-2010, and re-adoat the substance of said resolution after revisions. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2000-2010 be, and hereby is, rescinded. 2000-2849 2809 769 11/29/20l 'IIII III'I III I'IIIII III "Ill00 04:18P JA Suki tllll l'll o /l j /1).1, .,/'9e21(1/f E_G0028 1 of 2 R 0.00 D 0.00 Weld County CO RESCIND RESOLUTION #2000-2010 (MINOR RESUBDIVISION S #537) - METCALF PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D., 2000. BOARD OF COUNTY COMMISSIONERS LU1' WLD COUNTY, COLORJADO ATTEST: 1'iCr Weld County Clerk to the :off ` . J. ile, Pro-Tem BY: / . Deputy Clerk to the Bo�� uj NI o / x " — Georg E � E. Baxter APPROVED AS TOyORM: EXCUSED — Dale ; 27 /V/,;Hall , etiunty,Attorney Lb:14 Glenn Vaad --c- 111111 11111 111111111111111 2000-2849 2809769 11/29/2000 04:18P JA Suki Tsukamoto EG0028 2 of 2 R 0.00 0 0.00 Weld County CO Weld County Department of Planning Services i(111761\(114;41 • Pfi.;(9;70)353-6100, Ext.3540. Fax (970)304-6498 Website: www.co.weld.co.us Weld Administrative Offices 1555 N. 17th County Avenue Greeley, Colorado 80631 COLORADO Board of County Commissioners October 20, 2300 Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Reconsideration of a Condition of Approval S-537 Dear Commissioners: The Metcalfs received the Boards approval of their request for a vacation of Burlington Street east of, and a portion of the dedicated alley lying north of, Lots 2, 3, and 4: Block 6 as was platted in the unincorporated Town of Roggen, CO, on August 21, 2000. The applicant's site is located nort of Second Street and west of Burlington Street. The Metcalfs are requesting that the Board reconsider Condition of Approval Number Three (3) as they have been unable to secure from Mr. Glenn(the adjacent property owner to the north and east) the required letter that joins Mr. Glenn's Lots 17-31. The Metcalf's sought the vacation of Burlington Street and alley to accommodate setbacks so that their home would not have to face Mr. Glenn's Loafing Shed and Corrals (located East of their parcel). The vacation allows them to place the long axis of their home running east and west rather than north and south. The Metcalf's have indicated that they do not desire to build in the vacated portion of the road. The Weld County Department of Planning Services' Staff forwards this request with a recommendation of approval, for the following reasons: 1. As an adjacent property owner to the East and North, the Vacation of Burlington S:ree t affords Mr Glenn the East ;z or 30 feet of the vacated Burlington Street and '/2 of the vacated Alley. This provides access to Mr Glenn's Property (Lots 17-31). 2. It has come to the attention of Planning Services that Harrison Street was vacated in 1986 A thorough check of Planning Service records (SLIC, Subdivision Files and Property Research files) show no indication of this pertinent fact. Planning Services has included a copy of the 1986 Resolution in both property research files and the Roggen subdivisi.xi file. Respectfully Submitted, 9 / Robert Anderson + Planner 2000-2849 Weld County Board of County Commissioners October 30, 2000 Weld County Centennial Center 915 10th Street Greeley, CO 80631 Dear Commissioners, This letter is to serve as my acknowledgment and my agreement with the vacation of Burlington Street and the alley between the Metcalfs and my lots to the North. As the adjacent owner of property both to the North and East of the Metcalfs parcel, I understand that '/ (30 feet) of the vacated Burlington street goes to the adjacent property owner. As the owner of that vacated property I have more than adequate access to Lots 17-31 of Block 6. I am sorry that I could not appear in person and hope that this letter will answer any questions you might have regarding my support of the Metcalf's application. Sincerely, // ti� 'AZ's-Kg-2141 George Glenn Roggen, Colorado 206 RESOLUTION RE: APPROVE MINOR RESUBDIVISION, S #537, FOR THE VACATION OF A PORTION OF ROAD RIGHT-OF-WAY ON BURLINGTON STREET AND A PORTION OF A DEDICATED ALLEY LYING NORTH OF LOTS 2, 3, AND 4, BLOCK 6,TOWN OF ROGGEN, COLORADO - BILL AND HAZEL METCALF WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant tc 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 21st day of August, 2000, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Bill and Hazel Metcalf, P.O. Box 64, Roggen, Colorado 80652, for a Minor Resubdivision for the vacation of a portion of road right-of-way on Burlington Street and a dedicated alley on the following described real estate, to-wit: That portion of Burlington Street east of Lot 2, and a portion of the dedicated alley lying north of Lots 2, 3, and 4, 131ock 6, in the unincorporated Town of Roggen, Colorado; located in Section 6, Township 2 North, Range 62 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present at said hearing, and WHEREAS, Section 8.2 of the Weld County Subdivision Ordinance provides standards for review of said Minor Resubdivision for the vacation of road right-of-way on Burlington Street and said dedicated alley, 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 Weld County Department of Planning Services staff 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 8.2.5.1 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 8.2 of the Weld County Subdivision Ordinance including specifically: a. Section 8.2.1 — There is right-of-way shown on an approved plat or map that has not been used for its intended purpose for the past forty-three (43) years since the completion of Interstate 76. The original plat for the Town of Roggen was recorded on May 26,1908. The roads and alleys proposed to be vacated have only been used by the property owners to access their property. 1111111111111111111 III 11111(111 MB MBE III IIII 2000-2010 EI30028 2792205 09/0712000 12:32P JA Suki Tsukamoto _, n e n nn n A no Mild County CO R.ESUBDIVISION -VACATION OF BURLINGTON STREET AND DEDICATED ALLEY, BILL AND HAZEL METCALF PAGE 2 b. Section 8.2.2 - The enclosed application/petition contains the signature of 81 percent of the landowners adjacent to the proposed vacation who waive anv objection to the proposed vacation. c. Section 8.2.3 - The vacation is compatible with the surrounding area and uses. consistent with efficient and orderly development, consistent with the Weld County Comprehensive Plan, and does not deprive any parcel of adequate access to a public road or street right-of-way. d. Section 8.2.4 - The vacation of any right-of-way may require the reservation o* an easement for public utility or drainage purposes in order to meet the easement requirements of Section 10 6 of the Weld County Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Weld County Department of Planning Services for a Minor Resubdivision for the vacation of road right-of-way on Compo Way on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The applicant shall submit a map to the Weld County Department of Planning Services in accordance with Section 8.2.5.6.2 of the Weld County Subdivision Ordinance for review. 2. Lots 2, 3, and 4 shall be combined into a single deed and a restriction plac.d or the deed that no lot or combination of lots may be transferred separately. A copy of the recorded deed shall be submitted to the Weld County Department of Planning Services. 3. The owner of Lots 17-31 (Mr. George Glenn) agrees to join Lots 17-31 intc a single lot with access from Harrison Street. 4. For Lots 2, 3, and 4, a 10-foot utility easement shall be dedicated on abutting logs and a 15-foot utility easement shall be delineated adjacent to roadways 1111111111111111111111 11111111111111111II11111111111111 2792205 09/07/2000 12:32P JA Suki Tsukamoto 2 of 3 R 0.00 D 0.00 Weld County CO 2000-20 0 EG00?8 RESUBDIVISION -VACATION OF BURLINGTON STREET AND DEDICATED ALLEY. BILL AND HAZEL METCALF PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of August, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO ATTEST: � • arbara J. • meyer, air / Weld County Clerk to the rs /'�� J -M. J eile, ro-Tem BY: .. i . • Deputy Clerk to the Boa ,► (L/N EXCUSED orge E. Baxter • pp, O D AS FORM: Da e K. 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DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 T FAX (970) 304-6498 C 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO November 1, 2000 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-537 There will be a Public Hearing before the Weld County Board of County Commissioners on Monday November 13, 2000, at 9:00 p.m., in the Commissioners Hearing Room, Weld County Centennial Building, 910 9lb Street, Greeley, Colorado concerning the request of: NAME: Bill and Hazel Metcalf REQUEST: Minor Resubdivision -Vacation of roads, streets, and alleys LEGAL DESCRIPTION: Lots 2,3, & 4, Block 6, Roggen, Weld County, Colorado. LOCATION: North Burlington Street and Alley, Roggen, CO Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Robert Anderson Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS S-537, Bill and Hazel Metcalf George Glenn PO box 70 Roggen, CO 80652-0070 John Chestnut PO Box 64 Roggen. CO 80652 Luis Castro PO Box 124 Roggen, CO 80652 J.L.G. Trucking c/o Justin Glenn 195 Burlington St Roggen, CO 80652 Francis A Gnadt PO Box 96 Roggen, CO 80652 Michael Linnelbur PO Box 145 Roggen, CO 80652 Subie Kemena PO Box 143 Roggen, CO 80652 Roggen Telephone Co-op. Co. PO Box 100 Roggen, CO 80652 Elizabeth Jordan 8028 WCR 59 Keenesburg, CO 80643 Patricia Cooper Armstrong & Gertie Cooper 16805 Mediterranean Dr Moreno Valley, CA 92551-7420 Mark Hill 10115 W. 25'"Ave #5 Lakewood, CO 80215 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number S-537 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 2nd day of November, 2000. Tris Swanson Hello