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Home My WebLink About921048.tiff RESOLUTION RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE OF RECORDED EXEMPTION APPLICATION - BOYD M. AND ALLISON J. MEYER 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 28th day of October, 1992, at the hour of 10:00 a.m. in the Chambers of the Board, on behalf of Boyd M. and Allison J. Meyer, Box 96, Johnstown, Colorado 80534, for the purpose of considering whether or not there has been substantial change in the facts and circumstances regarding the application for a recorded exemption which was denied by the Board of County Commissioners on September 2, 1992. WHEREAS, said hearing concerned the application for a recorded exemption on the following described real estate, to-wit: NI of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, Boyd M. Meyer, said applicant, and Larry Intermill, representative, were present, and WHEREAS, said hearing was conducted according to the Board's policy concerning applications for land-use for property previously denied, said policy having been adopted on May 21, 1986, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning staff and, having been fully informed, finds that this request to apply for a recorded exemption shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant, in his letter of September 30, 1992, has not demonstrated that a substantial change in facts and circumstances or newly discovered evidence has occurred. a. The application for RE #1440, from Boyd M. and Allison J. Meyer, was denied by the Board of County Commissioners on September 2, 1992. b. The applicant proposed adding eight acres onto Lot B of Amended RE #942, which would be the primary home site if the Board allows him to file an application for a recorded exemption on the property previously denied. This proposed realignment of the lot is not substantially different than the lots proposed to be created in denied RE #1440. 921048 Pk°673 cc- - hL , H ,, H SUBSTANTIAL CHANGE - MEYER PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has not been substantial change in the facts and circumstances regarding the application of Boyd M. and Allison J. Meyer for a recorded exemption. BE IT FURTHER RESOLVED by the Board that the request of Boyd M. and Allison J. Meyer to apply for a recorded exemption be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of October, A.D. , 1992. A/ e k � '� BOARD OF COUNTY COMMISSIONERS ATTEST: ,�l�''°lstit� /LULL'. y2 WELD COUNTY, COLORADO Weld County Clerk to the Board i .{ Geo $e K nnedy, Chairma BY: t �A� Ian of—. �y�a if Deputy Clak to the Board Constance L. Harbert, Pro-Tem APPROVED AS FORM: C. W. Kir ounty Attorney Gor . W. H. We ster 921048 HEARING CERTIFICATION DOCKET NO. 92-62 RE: SUBSTANTIAL CHANGE OF RECORDED EXEMPTION APPLICATION - BOYD M. AND ALLISON J. MEYER A public hearing was conducted on October 28, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated October 5, 1992, and duly published October 15, 1992, in the Windsor Beacon, a public hearing was conducted to consider whether or not there has been substantial change in the facts and circumstances regarding the application for a recorded exemption which was denied by the Board of County Commissioners on September 2, 1992. If a finding is made by the Board that a substantial change in the facts and circumstances exists, then Boyd M. and Allison J. Meyer will be allowed to apply for another recorded exemption. Lee Morrison, Assistant County Attorney, made this a matter of record. Chuck Cunliffe, Planning Department representative, entered the Planning staff's recommendation for denial into the record as written. Larry Intermill, representative, and Boyd Meyer, applicant, were present. They explained the request and answered questions of the Board. Mr. Morrison explained that the proposed new application must be substantially changed from the application which was previously denied. Mr. Meyer said they want to add eight acres to the parcel, which would make it more accessible. Mr. Intermill said there will still be only two building sites. Mr. Cunliffe said he still feels they are asking for the same thing that was denied. Commissioner Kirby said he feels this should be done through the subdivision process, and substantial change has not been proven. Mr. Intermill noted that in the letter from Bruce Barker, there were two stipulations which they are willing to do. Mr. Morrison clarified the stipulations only apply to the new application, if the substantial change is approved. In response to a question from Commissioner Kirby, Mr. Morrison explained the guidelines concerning a substantial change. There was no public testimony offered concerning this matter. Commissioner Lacy moved to deny the request of Boyd M. and Allison J. Meyer to reapply for a recorded exemption, based on the Planning staff's recommendation. The motion was seconded by Commissioner Harbert. Mr. Meyer said the first application consisted of three sites, and they are proposing the addition of eight acres and only two sites. Commissioner Lacy said there is not enough difference to justify a substantial change. Chairman Kennedy said there are other avenues available, and the motion carried unanimously. 921048 RE: HEARING CERTIFICATION - MEYER PAGE 2 This Certification was approved on the 2nd day of November, 1992. APPROVED: ATTEST: -.4.1)14442/4:. 141 BOARD OF COUNTY COMMISSIONERS WELD COU TY, COLORADO Weld County Clerk to the Board By: pin-L. Fit, u„ym-- e e Ke edy, Chairman Deputy Clerk- to the Board // /2 iyt�Al6a i(7,-C` Constance L. Harbert, Pro-Tem TAPE #92-35 C. W. Kir DOCKET #92-62 Gord PL0073 W. H. Webster 921048 EXHIBIT INVENTORY CONTROL SHEET Case— . 4 p`8 - I ) Exhibit Submitted By Exhibit Description KI)/Vd412,111 • i =,`I 6C& in aut h B�A.�c " D. E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 921049 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 28th DAY OF October 1992: DOCKET # 92-62 - Substantial Change Hearing, Boyd DOCKET # 91-50 - Show Cause Hearing, McDonald DOCKET U DOCKET II PLEASE write or print your name legibly, your address and the DOCKET U (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING p t Q 1✓ic{ . 9c • ackerrie r, re 6-7-1,C---57,12-7 h/C,PC 1 l.4)G.�' 4r29 IJ re // C+�/ d 9rti049 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 92-62 APPLICANT Boyd M. and Allison J. Meyer Box 96 Johnstown, Colorado 80534 DATE: October 28, 1992 TIME: 10:00 a.m. ISSUES: Whether or not there has been substantial change in the facts and circumstances regarding the application for an recorded exemption which was denied by the Board of County Commissioners on September 2, 1992. LEGAL DESCRIPTION: NI of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: South of Highway 392, approximately .5 miles east of Weld County Road 23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: October 5, 1992 PUBLISHED: October 15, 1992 in the Windsor Beacon Ex hi +'r.� 921049 AFFIDAVIT OF PUBLICATION Pursued is the amen laws al the State of Colorado and the STATE OF COLORADO Weld County Zoning Ordinance. a pubic hearing will bs held In 09 the Chambers d the Board of COUNTY OF WELD County Commissioners of Weld County.Colorado,Web County Centennial Center,016 10th I, KEITH HANSEN, of said County of Weld, being duly Street, First Floor,Greeley. Colorado,at the time specified. sworn, say that I am publisher of All persons in any manner treated in the folowIng matter are requested to attend and may WINDSOR BEACON be heard. Should the applipant or any a weekly newspaper having a general circulation in said Interested party desire the County and State, published in the town of WINDSOR, presence al a court reporter to make • record of the in said County and State; and that the notice, of which proceedings,In Addition to the the annexed is a true copy, has been published in said taped record which will be kept during the bearing,the Clerk to weekly for / _successive weeks, that the notice the Boards Office shell be was published in the regular and entire issue of every advised In writing of such action at least tie days prior to the number of the paper during the period and time of hearing.The cod al engaging• publication, and in the newspaper proper and not in a court the mung be home by supplement, and that the first publication of said notice was in said paper bearing the date of the BE IT ALSO KNOWN that the text and maps o certified by the Weld County Planning 1/ day of (3cIobszr , AD., 19 and In e officeesion may be examined to the last publication bearing the date of the In the office d the Clerk to the Board of County Commissioners,located in the day of , A.D., 19_ and Wald County Centennial Center, 915 10th Street,Third Floor, that the said WINDSOR BEACON has been published Greeley,Colorado. continuously and uninterruptedly for the period of 5 DOCKET NO:0282 consecutive weeks,in said County and State, prior to the APPLICANT: Boyd M. and date of first publication of said notice, and the same is a Allison J. Meyer. Box 96, newspaper within the meaning of an Act to regulate Jahmtown,Colorado 00634 printing of legal notices an advertisements, approved DATE:oueber2a,1eg2 May 18, 1931,and all prior cts r as in force. TIME:10:00 am. ISSUES:Whether or not there has been iabdentlal lunge in the facts and circumstances P USHER regarding the application for an recorded exemption which was denied by the Salida County Subscri d and sworn to beforee me this .30a day Comnlabnen an September of 19j 2092 • LECAL DESCRIPTION:N 1/2 d 1 Section 2e,Mendip 6 North, —' Range 87 West d the 6th PM.. NOTARY PUBLIC Weld County,Colorado LOCATION:South of Highway My commission expires J¢ 14/ 7 , i 7/C,(' Sgt apprahndsy.6 inks east of Weld County Road 23 BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,COLORADO BY: DONALD D. WARDEN. WELD COUNTY CLERK TO THE BOARD BY: Shelly K.Miller,Deputy • 0f.krwrw PstafflarPtl i Ms Maw Ilesiwse tut.IMO. Sr. c`,43 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-62, was placed in the Unted States mail, postage prepaid, addressed to the following property owners. DATED this / - day of `iJ9 ,4_, , 1992. o L i i 2( Yle Deputy Cler the Board BOYD M. AND ALLISON J. MEYER BOX 96 JOHNSTOWN, CO 80534 ED ORR ORR LAND COMPANY 801 8TH STREET, SUITE 230 GREELEY, CO 80631 DONALD AND MARIE WINDER, TRUSTEES 12002 HIGHWAY 392 GREELEY, CO 80631 TIMOTHY J. AND LANA J. STUTZMAN 2107 50TH AVENUE GREELEY, CO 80634 W. LEE DETTERER 31815 WELD COUNTY ROAD 23. 75 GREELEY, CO 80631 TRINIDA CARMONA AND AUGUSTIN SILVA C/O FLAG REALTY, INC. 503 MAIN WINDSOR, CO 80551 EUGENE L. AND PAMELA A. HABROCK 8347 WELD COUNTY ROAD 64 WINDSOR, CO 80550 HENRY STROMBERGER, JR. 11095 HIGHWAY 392 WINDSOR, CO 80550 FREE ENTERPRISES, INC. LEE STARK AND G. D. MCGARVEY POUDRE CANYON ROUTE BELLVUE, CO 80512 921048 a OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 EXT.4391 P.O. BOX 1948 GREELEY, COLORADO 80632 IDc COLORADO September 22, 1992 Ed Orr Orr Land Company 801 8th Street Greeley, CO 80631 RE : Substantial Change Hearing - Recorded Exemptions - Boyd and Allison Meyer Dear Ed: This letter is to confirm our telephone conversation of Friday, September 18 , 1992 pertaining to the Substantial Change Hearing for the Recorded Exemptions for Boyd and Allison Meyer. Enclosed is a copy of Weld County' s Policy regarding Applications for Land Use for Property Previously Denied. As you can see, the procedures allow for a "Substantial Change Hearing" before the Board of County Commissioners . The Hearing requires legal notice to be published once in the county newspaper. The date of publication must be at least ten days prior to the Board ' s Hearing and publications occur only on Thursday. At the previous Hearing before the Board of County Commissioners regarding the Meyers ' Recorded Exemption Applications , the Amendment to RE 942 was approved. RE No. 1440 was denied. Copies of the Resolutions pertaining to these Recorded Exemptions Hearings are enclosed. It is my understanding that the Meyers now wish to ask that Lot B include all of the property south of the irrigation ditch and the eight acres north of the ditch and west of the access road to Lot A. To do this , the Meyers will need to ask the Board to set a Substantial Change Hearing. The issue will be whether or not the new application for changing the configuration of Lot B to include the eight acres north of the ditch and west of Lot A' s access road will be a substantial change from the previously denied application for RE No . 1440 . 9.7,1049 �xh ; b % f C Ed Orr September 21 , 1992 Page 2 There is no application form for a Substantial Change Hearing. I would suggest that the Meyers submit a letter detailing what they wish to accomplish and how they believe that an application for changing the configuration of Lot B will be a substantial change from the previous application for the split of the lot located north of the irrigation ditch and west of Lot A' s access road as previously requested in RE 1440 . Please note the definition of "Substantial Change In Facts and Circumstances" as found in paragraph two on page 47 of the Board' s Policies and Procedures regarding Applications for Land Use for Property Previously Denied. The Department of Planning and Zoning will recommend to the Board of County Commissioners that two conditions apply if the Board grants the Meyer ' s request to file the application for the amended recorded exemptions . Those conditions will include the following: A. The applicants must agree that if the configuration of Lot B is changed to include the eight acres north of the irrigation ditch and west of Lot A' s access road, then they will waive any right or argument that the eight acres is or should be considered as a separate lot . B. The sixty day requirement for the filing of the plat for the amended RE No . 942 will be stayed from the time of the Substantial Change Hearing to and until the time of the Hearing for the Amended Recorded Exemption. This condition will be designed to allow for the Meyers to file the plat if their Amended Recorded Exemption Application is denied. If you should have any questions regarding this letter or the Policies and Procedures which are enclosed, please feel free to call me at 356-4000 , extension 4389 . Very truly yours, -Bruce T.- Barker Assistant Weld County Attorney BTB/db Enclosures pc : Chuck Cunliffe, Planning 921049 September, , 1992 ` A} V y =_, U Board of Weld County Commissioners C ' Vi N P.O. Box 1948 ' ,' A Greeley CO 80632 /CI r\1; 0{ Dear Sirs, U a As agent for Boyd and Allison Meyer, I hereby request substantial change hearing with the Board regarding R.E. #1440. It is the Meyer' s desire to ask that Lot B include all that r property South of the irrigation ditch and approximately 8 acres y North of the irrigation ditch and West of the access road to Lot A. This will create a total Lot B size of approximately 91 acres. Upon the denial of R.E. #1440, the circumstances surrounding 0 the 8 acre parcel have changed since it has been denied by the 0 Board to become a separate parcel. It is the landowner' s position h that the 8 acre parcel should be left with Lot B. N This new configuration will not create any building sites, 0 additional, to those already granted by the Board and will create 0 a substantial change in the build ability of Lot B because: 1. The easement which transverses across Lot A is 25 feet in width and may not be required for home access with the addition of the 8 acres onto U rz Lot B. e ' 2 . The primary home site, under this proposal, will be the additional 8 acre parcel presently in farm ground located North of the irrigation ditch. This c_, ` t ` i !' ' farm ground is hard to irrigate; its highest and mot best use is a home site. F? All utilities, including a North Weld Water Tap U already in place, are available at the Northern boundary of the 8 acre parcel . yN� It should be noted: Prior to denial of R.E. #1440, the 8 acre parcel and Lot B parcel were all one parcel along with an additional acreage of approximately 50 acres East of the 8 acre parcel. Please inform me at your earliest convenience as to a time for the substantial change hearing or if you have any questions, please call. Best Regards "Let us help you put your brood �♦ on a ranch or farm_"- Ed Orr ��4 ' u ,,�\�.»\\»»\v\\\�\\\(��', Orr Land Company i QFiR LEf ND / M CO1%tP.&N Y i EO\pg Y 801 8th Street, sane 230 cc: Boyd & Allison Meyer i Greeley, Colorado 80631 (303) 351-8777 i fY ••• J }w,„_>,y.-f fRTh-___S^ '�i®"'►ia'\i#i1t!ll�EtE!!t!!F�!lls.�n��E�� o viu \ .ti., • r, aT. — a c12a•12-'22', .. L cos 1 9 C./�1� :� OA :•e '� I �V'�� ` ' fir f • r La . -in", .: of .. .,i •c —,14 ��•_, •:e ••7 � :• •• 1 • •• .,I . •3. ;,••• e' \'h✓ 9• 6 l... �0 zo 2. •8 a. •r yr 4 -/ •3. . . . �. ••Q •• L �' ,r � 1 '° ° .E°•wxet7• • • �� • \- 1 _ , • Ma lee �. . .L\. j •r_tt2 �� ,�r I�w a• , °r °°ca£arl. EsrfRN: x. Ra Lwar 2. •.1f vEP •.,� .S • S I� r+N• . �'; S • r.> 9 ^'�lr—:4,„..� t' �' .7":,,;„°.eI:7F s .ww '4. . . . . • . • •I••N<ea• ,A , ••I••• •."• C ► \' 1--• c sal -) - -� a vEP•rvc I. h ''c - 1 c2',‘CI •••••••V - if 4.'il a • • ( ' '••••-•%`\• " •\1/4f • p • 1 • r ' fl 0. . . •� • ' 1 • : •' • A •� ▪ • • c� A. 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I " _ . / I I I If h,' 1‘ V LLi I 0� 36 31 34 35 - - • LINi pr _ NI 4 --I ,... ,, .t. , ___ _. :! _ _ . _.___ _ , ....., , . ,_ ... � I,'E 14.4(..) r � 4 � afi �-"C i . w § ' tea s 1 � Pt' ':.r.'4 t!� rah • ,t ttMf t ",ik" 1"-',.•,11:?.. .);•:"....:;.•• �'tt ,,��,, e.s' ..1,:“0 W .r5:t e: e rk ..x k S r�gwzy47' «'z,: c '�. ghxSr. "11. .• r r .k .t. - r �.... f ₹ „ to .�i; ; f . . 1 -s5 �[ 5 e�T v-i \ .r' ✓+r fry » r..-� ,�5 , :, t.' � f`e `S+d rf i f 3• i t A kJ~rt k , • - ' t b: 42x” � T '" r y ;. ' iii T� � � *T�*'�+x-'� • �4h j .. .ygf . . 'ry f . ,.. y� 1,x, �7 4„�'�,�-,t,:4;;;',.: 7'.r ..i iµ .. �i r s 1 NT adi v w1o' 4 e N ® �> 921043'.-- 6 r ,. REFERRAL LIST NAME: Boyd M. and Allison J . Meyer CASE NUMBER: SCH-8 REFERRALS SENT: October 5, 1992 REFERRALS TO BE RECEIVED BY: October 19, 1992 COUNTY TOWNS and CITIES Attorney _Ault X Health Department ____Brighton _Extension Service ____Broomfield _Emergency Management Office _Dacono _Sheriff's Office ____Eaton _Engineering _Erie _Housing Authority ____Evans Airport Authority _ _ Firestone Building Inspection _Fort Lupton ____Frederick STATE _Garden City _Division of Water Resources _Gilcrest _Geological Survey _Greeley Department of Health _Grover X Highway Department ____Hudson _Historical Society ____Johnstown _Water Conservation Board ____Keenesburg Oil and Gas Conservation Commission ____Kersey La Salle FIRE DISTRICTS ____Lochbuie _Ault F-1 _Longmont _Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 _New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 Platteville Hudson F-7 X Severance _ _Johnstown F-8 Thornton La Salle F-9 X Windsor Mountain View F-10 _ Milliken F-11 COUNTIES _ _Nunn F-12 _Adams _Pawnee F-22 ____Boulder _Platteville F-13 _Larimer Platte Valley F-14 _ Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 _US Army Corps of Engineers _Southeast Weld F-16 _USDA-APHIS Veterinary Service Windsor/Severance F-17 _ _ Federal Aviation Administration _Wiggins F-18 _Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton Central Colo. Water Conservancy Dist. Fort Collins _ _Panhandle Eastern Pipe Line Co. Greeley Tri-Area Planning Commission _Longmont X Greeley No. 2 Canal West Adams COMMISSION/BOARD MEMBER 921043 AO S ' IV° , Y DEPARTMENT OF PLANNING SERVICES P PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 111 COLORADO ilim�YN`. October 5, 1992 CASE NUMBER: SCH-8 OCT 16 ;,_ TO WHOM IT MAY CONCERN: Enclosed is an application from Boyd M. and Allison J. Meyer for a Substantial Change Hearing. The parcel of land is described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Highway 392, west of Weld County Road 25 . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 19, 1992 , so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. v We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed? / /s �� '� �� 41 Agency: 1 C 1. Date: 7,L %/ -- 9Z-1.043 STATE OF COLORADO DIVISION OF HIGHWAYS �fiMT OF Hk\ P.O. Box 850 P Greeley, Colorado 80632-0850 • J (303) 353-1232 eo cc,,.." Weld Co. , S.H. 392 Meyer Substantial Change 0. 5 Mi . East C.R. 23 on South Side October 8, 1992 Ms. Lanell Swanson, Planner Department of Planning Weld County 915 Tenth St. Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the application for the Meyer Substantial Change hearing, and we refer you to our letters of August 10, 1992 for our comments regarding right of way reservation and access for this property. Copies of those letters are attached. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, (i dear+- 61 C2 0OL) Evan A. Hooper, Jr. Development/Access Coordinator EAH/cm Attachments (2) cc: L. D. Yost G. E. Sisson File ,,ly II��Si(7ry OCT 0 9 1992 4tre!d Cc ?'"eta„tig 321043 STATE OF COLORADO DIVISION OF HIGHWAYS P.O. Box 850 Greeley. Colorado 80632-0850 (303) 353-1232 Weld Co. , S.H. 392 Meyer Recorded Exemption, 0. 5 Miles East C.R. 23, on South Side , No. of Irrigation Ditch August 10, 1992 Ms . Lanell Swanson, Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the application for the Meyer Recorded Exemption , and we have the following comments: Projected traffic on S.H. 392 indicates the need for a 150 foot total right of way, 75 feet each side of the highway centerline. Since the existing width along this property may be less than 75 feet south of the centerline, additional width to meet the projected need should be protected by reservation or, preferably, dedication , as permitted by County regulations. Direct access to the state highway from the two Lots created by this Recorded Exemption must continue to be via the existing driveway. At such time that there is a change of use of the properties that increases the volume of traffic using the access, an access permit may be required. No additional direct access to the highway will be permitted. An access permit will not be required as a condition of this Recorded Exemption, only at such time that the land use changes. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, NCO ,J I Evan A. Hooper , Jr. / Development/Access Coordinator EAH/cm cc: L. D. Yost G. E. Sisson 921.043 File 1 DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 1111BC. COLORADO October 5, 1992 Boyd M. and Allison J . Meyer Box 96 Johnstown, CO 80534 Subject: SCH-8 - Request for a Substantial Change Hearing on a parcel of land described as part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Meyer: • I have scheduled a meeting with the Board of County Commissioners on Wednesday, October 28, 1992, at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, 1 a C115)496-2-14,4z-, Lanell J. Swairseon Current Planner LJS/sfr o8c2C oocc 3 L2_0O _ 3q ozo_ \ i Lan a �1 Co - - ' GceicAeci i__C 80 3? - --- aka_ f cceL 1,‘\_LEe 233 14 0_45 mcv0,_ETA tx:sA c117-{ [---_4 so �n _8,3714_ydCZ.IQ4 \ 4.\iot' Cf) e55D — \ or Co et-co 921043 • I. O1I ( wn.c __ sctUr Are CY\ ova - --------------- 11 ----------- - ii 921043 DATE: October 28, 1992 CASE NUMBER: SCH-8 NAME: Boyd M. and Allison J . Meyer ADDRESS: Box 96, Johnstown, CO 80534 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Highway 392, west of Weld County Road 25 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: The General Administration policy regarding applications for land-use for property previously denied provides that the Board of County Commissioners may grant a petition for rehearing when it determines that the applicant has demonstrated that a substantial change in the facts or circumstances has occurred subsequent to the Board' s decision or that there was newly discovered evidence not available to the applicant at the time the Board considered the application. On September 1, 1992, the Board of County Commissioners considered an amended Recorded Exemption application and a new Recorded Exemption application on this property. The amendment to the Recorded Exemption was approved. The amendment reduced Lot B to only the property south of the ditch. Original Lot B contained both properties north and south of the ditch. At the same meeting, the Board of County Commissioners denied a Recorded Exemption application to divide the property north of the ditch into 2 lots of 40 acres and 10 acres, more or less. This letter is requesting permission to file a new Amended Recorded Exemption application to include about 8 acres of the property north of the ditch in Lot B. It is the opinion of the Department of Planning Services' staff that the applicant has not shown either a substantial change in the facts or circumstances has occurred or that there has been newly discovered evidence not previously available. Instead of showing a substantial change, the applicant has instead proposed a different configuration of the lots than was previously proposed. If the Board approves this substantial change request, the applicant proposes refiling an application to amend Recorded Exemption 942 so that if the application was approved, Lot B of Amended Recorded Exemption 942 would include a parcel about 8 acres in size north of the ditch. A proposed realignment of the lot does not show a substantial change in circumstances or newly discovered evidence. The General Administration policy on applications for land-use for property previously denied provides that the Board may deny the petition solely upon the contents of the petition or when deemed advisable by the Board that the applicant has failed to demonstrate that a substantial change in the facts or circumstances has occurred subsequent to the Board' s decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. In this case, neither of these has occurred. 921040 c e NE. D Chill Septemberci,3O ,,'!199 _pCa cj IBoard of Weld County Commissioners j92? cF 10: L11 fl P.O. Box 1948 Greeley CO 80632 /CLERIC , Dear Sirs, (A 4YA As agent for Boyd and Allison N ! Meyer, I hereby request a � substantial change hearing with the Board regarding R.E. #1440 . If J It is the Meyer' s desire to ask that Lot B include all that i uS property South of the irrigation ditch and approximately 8 acres V North of the irrigation ditch and West. of the access road to Lot A. This will create a total Lot B size of approximately 91 acres. Upon the denial of R.E. #1440 , the circumstances surrounding ' , ki the 8 acre parcel have changed since it has been denied by the r Board to become a separate parcel. It is the landowner' s position that the 8 acre parcel should be left with Lot B. This new configuration will not create any building sites, additional, to those already granted by the Board and will create 14 a substantial change in the build ability of Lot B because: itt 1. The easement which transverses across Lot A is rA 25 feet in width and may not be required for home access with the addition of the 8 acres onto r•n Lot B. r' c. The primary home site, under this proposal, will be JV the additional 8 acre parcel presently in farm ground located North of the irrigation ditch. This NA r ` i Li farm ground is hard to irrigate; its highest and _ best use is a home site. yo All utilities, including a North Weld Water Tap A c, already in place, are available at the Northern M 1,:i boundary of the 8 acre parcel . U It should be noted: Prior to denial of R.E. #1440, the 8 acre parcel and Lot B parcel were all one n parcel along with an additional acreage of approximately 50 acres East of the 8 acre parcel. v) Please inform me at your earliest convenience as to a time for ? the substantial change hearing or if you have any questions, please call . A Best Regards �r' CDI Il "Let us help you put your brand ti �7 on a ranch or farm." 0v Ed Orr 0 �t4 LA.. u Orr Land Company 1 ORR LAND CO21/SPSNY EO\P5 N °'' 801 8th Street, Suite 230 cc: Boyd & Allison Meyer ,") i Greeley,i Colorado 80631Fik ) (303) 351-8777 )( ,t. i1 '� .Z� i. a.-"- - 1 . 921043 Hello