The URL can be used to link to this page

Browse Search

Home My WebLink About810012.tiff RESOLUTION RE: DENIAL OF CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO E-ESTATE DISTRICT FOR LEE WIECK, ET AL. 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, a public hearing was held on the 22nd day of July, 1981 at 2 : 00 o 'clock p.m. for the purpose of hearing the petition of Lee Wieck et al, 6623 Redwing Place, Longmont, Colorado 80501, requesting a change of zone from A-Agricultural District to E-Estate District for the following described parcel of land, to-wit: A tract of land in the SEq of Section 5, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado. Beginning at the SE Cor. of Section 5, Thence S89°52 ' 53" W, 2, 721. 54 feet (Recorded by deed as Reception No. 1623723 as S89°55 'W, 2724. 7 feet) to the SW Corner of the SEa of said Section 5; Thence along the West line of the SEa of said Section 5, N00°21' 46"E (Recorded as N00°23 'E) a distance of 266. 00 feet along the West line of said SEa to a point approximately 30 feet from the Leyner Cottonwood Ditch; Thence by the following courses and distances around and Southerly from said ditch; N51° 40 ' 00"E, 54. 24 feet (Recorded as N53° 43'E 55. 00 feet) ; Thence N01°08 ' 00"E, 513. 50 feet; Thence N00°13 ' 00" W, 282. 00 feet; Thence N28°21 ' 00"E, 80. 00 feet; Thence N41°55 ' 00"E, 205. 00 feet; Thence N48°19 ' 00"E, 226. 00 feet; Thence N80°48 ' 00"E, 62 . 00 feet; Thence $68°28 ' 00" E, 456. 00 feet; Thence S72°02 ' 00"E, 216. 00 feet; Thence S32°21' 00"E, 182. 00 feet; Thence S44°07 ' 00"E, 162. 00 feet; Thence S37°18 ' 00"E, 165. 00 feet; Thence $61°05 ' 00" E, 320. 00 feet; Thence $69°51 ' 00"E, 585. 00 feet; Thence N86°42 ' 00"E, 185. 00 feet; Thence N79°41' 00"E, 318. 00 feet to a point on the East line of said Section 5; Thence S00°21' 00"W, 548. 60 feet more or less along the East line of Section 5 to the Point of Beginning, containing 57. 710 acres more or less. WHEREAS, the petitioner was present, and WHEREAS, Section 81 of the Weld County Zoning Resolution authorizes the Board of County Commissioners to grant a change of zone upon the showing by the petitioner of certain facts, and 810012 LHR 432 PLO4XLD Page 2 RE: DENIAL OF COZ - LEE WIECK WHEREAS, the original application for a change of zone from A-Agricultural District to E-Estate District was heard before the Board of County Commissioners on November 1, 1978 and denied subsequent to the Planning Commission' s hearing on September 7, 1978, recommending denial, and WHEREAS, said denial was appealed in the District Court of Weld County, Civil Action No. 30261, reversing the Board of County Commissioners' decision and ordered that the property be rezoned, and WHEREAS, the matter was appealed to the Court of Appeals and in an opinion issued December 11, 1980, the Court of Appeals of the State of Colorado found the Board of County Commissioners did not abuse their discretion in denying the rezoning of subjectproperty; however, the Board of County Commissioners did not make findings as to whether or not it was economically feasible to farm the property in question and whether or not the Zoning Resolution, as applied to the petitioner' s property, was unconstitutional because it precluded all reasonable uses of their property in the A- Agricultural District, and WHEREAS, the Board of County Commissioners hereby finds that the petitioner has not met his burden of proof that there are no permitted uses in the A-Agricultural District which are economically feasible to this property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, finds that according to the testimony given in the hearings that there are permitted uses in the A-Agricultural District which are economically feasible to this property. BE IT FURTHER RESOLVED that this action does not deprive the applicant of his constitional rights. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd Page 3 RE: DENIAL OF COZ - LEE WIECK day of July, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS WE7UNTY, COLORADO CCC// (Aye) uck Carle n, C airman (Aye) Norman Carlson, Pro-Tem / (Aye) C. W. Kirby I�QLcet, (Aye) n1 n T. Marti A e) � , une K. S einmark ATTEST: a.c )G4 ,,' Weld County cVLerk and Recorder and Clerk gy to the Board BY:.. zi e r,4�jCy) (daft Deputy County Clerk PRO ED AS TO FORM: ounty Attorney DATE PRESENTED: JULY 27, 1981 A public hearing was conducted on July 22 , 1981 at 2 : 00 P.M. , with the following present: CHUCK CARLSON CHAIRMAN NORMAN CARLSON PRO TEM BILL KIRBY COMMISSIONER JOHN MARTIN COMMISSIONER JUNE STEINMARX COMMISSIONER Also present: ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY AND KEITHA WHITE ASSISTANT COUNTY ATTORNEY,R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM HONN The following business was transacted: I hereby certify that pursuant to a notice dated April 27 , 1981 , duly published April 30, 1981 and May 21 , 1981 in the Johnstown Breeze , a public hearing was held and continuted to July 22 , 1981 . The public hearing was held on the request of Lee Wieck, et al , for a Change of Zone, from A "Agricultural" to E " Estate District" . Mr . Wieck and his legal counsel, Frederick Ginsberg , were present and testified . The question to be determined was if this property is economically feasiblble to farm. Stan Boyes , county extension agent , visited the site, checked the amount of irrigation water , soil types , and noted that said property is economically feasible to farm. The adjacent properties and their production was discussed . Mr . Ginsberg contended that this parcel does not have adequate irrigation water to make it economically feasible to farm. Mr . Wieck stated that there is not enought water to irrigate and raise a crop of pinto beans . After discussion, Commissioner Steinmark contended that money can be made through agricultural purposes on said parcel . The Chairman agreed that the land is farmable and there are people who will farm it . Commissioner Carlson agreed that the Weick' s paid too much for said property . The Planning Commission recommended that the Change of Zone be denied . After debate , Commissioner Steinmark made a motion according to the testimony given that there are premitted uses in the A "Agricultural District" which are economically feasible to this property and further that this action does not deprive the applicant of his constitional rights . Commissioner Kirby seconded the motion and added that the applicant has not met his burden of proof that there are no permitted uses in the A "Agricultural District" which are economically feasible to this property. The motion carried unanimously . C I RMAN �j BOARD OF COUNTY COMMISSIONERS ATTEST: -�-g� WELD COUNTY CL RK AND RECORDER AND CLERK TO THE BOARD r, J y County lerk DOC _ ` 81-24 TAPE* 81-48 LHR 432 A public hearing was conducted on June 22 , 1981 at 10: 00 A.M. , 2xitt(i')igcx with the following present: CHUCK CARLSON CHAIRMAN NORMAN CARLSON PRO TEM BILL KIRBY COMMISSIONER JOHN MARTIN COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Keitha White ASSISTANT COUNTY ATTORNEY, R. Russell Anson PLANNING DEPARTMENT REPRESENTATIVE, Tom Honn The following business was transacted: mo$}F ooec biog{cd] Cpummaxb{=caxxxkk xdt This hearing for a COZ from A to E for Lee Wieck, et al was on June 3, 1981 continued until today. Reason for the continuance; only 4 Commissioners present on June 3. Russ reviewed the Court' s decision and read a memo from the County Attorney, Thomas David. The memo set forth the Court' s order to the Commissioners and reviewed the case' s history. Fred Ginsberg, attorney for the applicants, presented the Board with a summary of profit and loss on the property for 1978, 1979 and 1980. Lee and Janet Wieck testifyed regarding their attempts to grow hay on the property and answered the Boards questions on all aspects of the property. Janet Wieck stated they did not purchase the property with the intent of farming it. Stan Boyes, WC Extension Agent, stated he had, upon the Board' s request, made an inspection of the property. Stan also gave the soil classifications and how they rate as farmable ground. The soils on this property are some of the best in the County. CHANGE TAPE 81-39 Bill Krinks, area homwowner, stated that there are several farmers in the area who rent land. Following considerable discussion Commissioner Steinmark made a motion to continue this hearing until July 22 , 1981 at 2: 00 PM; the Wieck' s are to have an explination of what they have attempted to do to lease the property for farming; and Stan Boyes is to run a survey on availibilty of land for lease in that area. Commissioner Carlson seconded the motion and it carried unanimously. ‘2,..,....-,--, 414.A y k CAAAAAIRMAN t 1 .1_._ r^y BOARD OF COUNTY COMMISSIONERS ATTEST: ` ' WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD L (BY : .j- e C�c t_i beputy County' Clerk D 1C/CSI ET# . !' , ,/ TAPE# LHR A public hearing was conducted on June 3 , 1981 at 2 : 00 P.M. , with the following present: CHUCK CARLSON CHAIRMAN NORMAN CARLSON PRO TEM BILL KIRBY COMMISSIONER EXCUSED JOHN MARTIN COMMISSIONER __ JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, XEIT? A WHITE ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM ='_ON_i The following business was transacted: I hereby certify that pursuant to a notice dated April 27 , 1981 and duly published April 30 and May 21, 1981 in the Johnstown Breeze a public hearing was held on request for a COZ , A to E by Lee Wieck, et al. Russ reminded those present that this request was ' denied' by the Board of County Commissioners on November 1, 1978 . The matter was then appealed to the District Court of Weld County and then to the Court of Appeals of the State of Colorado. Russ read into the record a memo for the the County Attorney, Tom David. Mr. David told the Board in his memo that today' s hearing should address simply whether or not the Wieck property can be farmed economically and whether or not there are any uses permitted in the A-Zone which are reasonable viewed in light of the Court of Appeals ' decision. A landowner is not entitled to a rezoning of his property simply because another zoning classification might result in higher income and higher profits to the landowner, but the law does protect the landowner from restrictions which render his property useless under its current zoning. Fred Ginsberg, legal counsel for the Wiecks, was present and requested a continuance of today' s hearing. Since there are only four Commissioners present the posibility exists for a denial on a 2-2 vote. Therefore, he would prefer to have a full board. Commissioner Carlson made a motion to continue this hearing until June 17 , 1981 and 2 : 00 PM. Commissioner Martin seconded the motion and it carried unanimously. ATTEST: 'Mal c124,6------ ` iwinat;.. BOARD OF COUNTY COMMISSIONERS t) COUNTY CLERK AND RECORDER AND cLERK TO THE BOARD eputy County lerk Lk . _.ET" 81-24 81-34 432 ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS : DOC #81-34, Lloyd Rockwell, SUP, manure digester & dryer DOC #81-24, Inc Wieck, C62, •A to E PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. 1E - ADDRESS HEARING ATTENDING ' etc 1,7e,/ _ / ro (talc% )e. ��//66)c_ick-�,i SSOSc� �f�ll /aKe • ,off' ,�"v iO41 -ddirnQ-2 . (2-0- c .2q, z -7 l/ 0v) /7 3 Zji)--2 c N V 2� �/ '75 �L,2- CI; k 2/: APPLICANT : TIME : 1))CKETI/ DATE : REQUEST : NAME ADDRESS JILAA.4.:_d 827Za-n-, Ai _ i A ' Q zj -fa7o/cA .,,L Z,,y /fu z q , 6"o/0 d,f54 fp , GU, iCe,itii s 39k ---1 4Lie / Q CO gras/,6 751. :i i 1 r ) NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, and pursuant to the judgment entered by the Colorado Court of Appeals in Case No. 80-CA-0434 , a hearing will be held in the Chambers of the Board of County Com- missioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado 80631 , at the time specified. All persons in any manner interested in the following proposed matter are requested to attend and may be heard. This hearing will be conducted so that the Board of County Com- missioners can make findings as to whether or not it is economically feasible to put the hereinafter described real property to any use permitted under its present zoning, which is A-Agricultural, and as to whether or not the Weld County Zoning Resolution, as applied to the hereinafter described real property, is unconstitutional because it precludes all reasonable uses of said property. This hearing is being held in connection with a request for a change of zone from A-Agricultural to E-Estate District. Docket No. 81-24 Lee Wieck, et al. 6623 Redwing Place Longmont, Colorado 80501 Date : June 3, 1981 Time: 2 : 00 p.m. Request: Change of Zone, A-Agricultural to E-Estate District LEGAL DESCRIPTION: A tract of land in the SEA of Section 5 , Township 1 North, Range 68 West of the 6th P. M. , Weld County, Colorado. Beginning at the SE Cor. of Section 5 , Thence S89°52 ' 53" W, 2 , 721. 54 feet (Recorded by deed as Reception No. 1623723 as S89°55 'W, 2724 . 7 feet) to the SW Corner of the SEa of said Section 5 ; Thence along the West line of the SE'4 of said Section 5, N00°21 ' 46"E (Recorded as N00°23 'E) a distance of 266 . 00 feet along the West line of said SEa to a point approximately 30 feet from the Leyner Cottonwood Ditch; Thence by the following courses and distances around and Southerly from said ditch; N51°40' 00"E, 54 . 24 feet (Recorded as N53°43 'E 55 . 00 feet) ; Thence Nol°08 ' 00"E, 513 . 50 feet; Thence N00°13 ' 00"W, 282 . 00 feet; Thence N28°21 ' 00"E, 80. 00 feet; Thence N41°55 ' 00"E, 205. 00 feet; Thence N48°19 ' 00"E, 226. 00 feet; Thence N80°48 ' 00"E, 62 . 00 feet; Thence $68°28 ' 00"E, 456. 00 feet; Thence S72°02 ' 00"E, 216 . 00 feet; Thence S32°21 ' 00"E, 182 . 00 feet; Thence S44°07 ' 00"E, 162 . 00 feet; Thence S37°18 ' 00"E , 165. 00 feet; Thence S61°05' 00"E, 320 . 00 feet; Thence 869°51 ' 00"E, 585 . 00 feet; Thence N86°42 ' 00"E, 185 . 00 feet; Thence N79°41' 00"E, 318 . 00 feet to a point on the East line of said Section 5; Thence S00°21 ' 00"W, 548. 60 feet more or less along the East line of Section 5 to the Point of Beginning, containing 57 . 710 acres more or less. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeannette Ordway, Deputy DATED: April 27 , 1981 PUBLISHED: April 30, 1981 and May 21, 1981 in the Johnstown Breeze PUBLIC N 'E NOTION./ Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use judgmeent and pd by e to the Appeals the Colorado Court of , Appeals in Case i 048 e a heavier will be held in the Chambers Co i the Board Wof eld County Commissioners, e of untd County,n Colorado Weld County AFFIDAVIT OF PUBLICATION Centennial tr et,Greeley,(Dorado 81681 at the time specified.All persons follow]manner interested THE JOHNSTOWN BREEZE rheard. to attend and may be STATE OF COLORADO ) This hearing will be conducted ) SS so that the Board of County COUNTY OF WELD ) Commissioners can make find- ings as to whether or not p it is I, Clyde Briggs, do solemnly swear that I economically nt feasible to °�the am publisher of The Johnstown Breeze; property to any use permitted that the same is a weekly newspaper under its present zoning, which is A-Agricultural, and as to printed, in whole or in part, and published whether Resolutioon,as the s app County in the County of Weld, State of Colorado, the hereinafter described real and has a general circulation therein; that property is f unconstitutional g because if precludes all reason- said newspaper has been published able uses of said property.This hearing is being held incon- continuously and uninterruptedly in said nection h with request for County of Weld for a period of more than cul al to E-Este Distric . fifty-two consecutive weeks prior to the Lee wreck,et al. first publication of the annexed legal notice Longmont,nt Redwing 80501 or advertisement; that said newspaper has Docket No.81-24 been admitted to the United States mails as Date: June 8, 1981 second-class matter under the provisions of Time: 2:00 p.m. the Act of March 3, 1879, or any RReedq amendments thereof, and that said A¢riculturaCltoge13 Estatee'Di- newspaper is a weekly newspaper duly furl] tt qualified for publishing legal notices and LEGAL DESCRIPTION: advertisements within the meaning of the A tract of land in the SE% of laws of the State of Colorado. Section 68 Weer nof shithee 6th North, ..nI. That the annexed legal notice or advertise- Weld County, Colorado. ment was published in the regular and Beginning at the SE Cor. of entire issue of every number of.said weekly Sedition 5,Menceg00 degrees 52' G_ 58" W, '2,721.54 feet Recorded newspaper for the period of Lv.roccu- by deed as Reception No.1628729 as 889 degrees 55''W,2724.7 feet) five insertions; and that the first to the SW Corner of the SEA of publication of said notice was in the issue of said Section 5; a along the West line of thhe1°SE% 4,of said said newspaper dated 4.1A.D. 190, Section 5,N00 degrees 21'46"E (Recorded as NOntlegrees 23'E) and that the last public tion of said notice a distance of 266.06 feet along was in the issue of said newspaper dated prom the Le net the West line of said SE% to a point approximately 30 ood feet nif.. ,, A.D. 19$.1... Ditch; Thence by the following In witness whereof I have hereunto set courses and distances around and Sogutteheeer] from said ditch; my ha1ng�1' this ... ... 2G day of .H1/.... , (Recorded aN 558 dE_greees 43'E A.D. 1P1.. - 08'00 feet); Thencef 1 a nce �- 55.08' 0 fe E, 518.n0 N Thence N00 degres 13' 00" W, 282.00 feet;Thence N28 degrees 21'00" �� E, 80.00 feet; Thence N41 degrees 00 f E, Publisher Thence N485' degrees 19' 00" E, 226.00 feet,• Thence N80 degrees 4W 00"E 62.00 feet;Thence 868 degrees 9 degreees40'00"feet;, 216.00 feet; Thence see degrees Subscribed and sworn to before me, a 21.99"E,182.00 feet;Thence 844 Notary Public in and for the t of degrees 07' 00" E, 162.00 feet; Y Thence 887 degrees 18' 00" E, Weld Late of Colorado/ this `it-day of 166.00 feet; Thence 861 degrees le,"( A.D. 19. (... 05'00"E,820.00 feet;Thence 869 degrees 51' 00" E, 585.00 feet; Thence N86 degrees 42' 00" E, 186.00 feet; Thence N 79 degrees • 41'00"E,818.00 feet to a point on the East line of said Section 5; ... .. ....... ........G Thence S00 degrees 21' 00" W, Notary Public. 548.60 feet more or less along the East line of Section 6 to the Point of Beginning, containing 57.710 acres more or less. pp THE BOARD OF COUNTY My commission expires co Ma S O 7..Q..WELD OLORADO BY:MARY ANN' FEUERSTEIN ANDCOUNTY EC ORDER AND CLERK TO THE BOARD BY:Jeannette Ordway, Deputy DATED: April 27;1981 PUBLISHED: April 30,1981 and May 21, 1981 in the Johnstown Breeze Board of County Commissioners Page 2 June 3 , 1981 it" lin D C i l E*' a' 1 1 IEMORAI1DUM JUN3 1981 R., GREELEY. COLO. �I'D�• Board of To County Commissioners pa,, June 3 , 1981 COLORADO From _ Thomas O. David, Weld County Attorney S"bjert _Weick v. Weld County The original application for a change of zone from A-Agricultural District to E-Estate District was heard before the Board of County Commissioners on November 1, 1978 . The Planning Commission, on September 7 , 1978, recommended denial with six Commission members voting for the denial and two members abstaining. The matter was then appealed to the District Court of Weld County and, Judge Hays , in Civil Action No. 30261, did reverse the Board of County Commis- sioners and ordered that the property be rezoned. This Order was entered on April 7, 1980 . The matter was then appealed to the Court of Appeals of the State of Colorado and in an opinion issued on December 11, 1980 , the Court of Appeals of the State of Colorado found that the Board of County Commissioners did not abuse their discretion in denying the rezoning of the subject property. The Court of Appeals , however, found that the Board of County Com- missioners had not made findings as to whether or not it was economically feasible to farm the property in question and whether or not the Zoning Resolution, as applied to the Plaintiffs ' property, was unconstitutional because it precluded all reasonable uses of their property. What the Court of Appeals is , in effect, saying is that if the pre- sent zoning of the Weick property offers no reasonable use, pursuant to the uses created by Section III, 3 . 3 of the Weld County Zoning Resolution, then the Weld County Zoning Resolution would be uncon- stitutional as it applies to the subject property inasmuch as such a "freezing" of the use of the property would be an unconstitutional taking of the property. The hearing today should address simply whether or not the Weick property can be farmed economically and whether or not there are any uses permitted in the A-Zone which are reasonable viewed in light of the Court of Appeals ' decision. A landowner is not entitled to a rezoning of his property simply because another zoning classi- fication might result in higher income and higher profits to the landowner, but the law does protect the landowner from restrictions which render his property useless under its current zoning. The hearing on November 1, 1973 before the Board of County Commis- sioners resulted in very little evidence concerning the economic Board of County Commissioners Page 2 June 3 , 1981 impact to the petitioner if the property remained in the agricultural zone. Proper notices were sent to all adjoining landowners so the hearing today will allow all interested parties to have input on the single question before the Board today../ '// i/e1:,/) Th mas O. David Weld County Attorney sks SUMMARY OF PROFIT AND LOSS ON 40 ± ACRES Wieck Property 1978 - Farming expenses including hay income ($693.14 ) Water expenses ( 400.00 ) Taxes ( 241.00 ) Interest on 1st Loan (5143.42 ) Total Loss (6477 .56 ) 1979 - Farming expenses including hay income + 579.00 (income from hay $741.00) Taxes ( 241.00 ) Water expenses ( 400.00 ) Interest on 1st loan (5143.42 ) Total loss (5205.00 ) 1980 - Farming expenses including hay income + 840.18 (income from hay $961.50) Taxes ( 241.00 ) Water expenses ( 400.00 ) Interest on new loan (5143.42 ) Total loss (4944.24 ) DATE: Apri_ 1L, 1981 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing s for the 27th of May, 1981 DOC 81-24 Lee Wieck, et al, COZ, A to E DOC 81-e- Amendments to Weld County Building Code OFFICE OF THE CLERK TO THE BOARD BY: Chu 1-- Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 2 7 a Hello