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Home My WebLink About931104.tiff- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: ACTION OF BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT (USR #1027) FOR A SINGLE FAMILY DWELLING ON A LOT UNDER THE MINIMUM LOT SIZE IN THE A (AGRICULTURAL) ZONE DISTRICT - HOWARD AND JEANNINE ENOS 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 27th day of October, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Howard and Jeannine Enos, 3704 Richmond Drive, Fort Collins, Colorado 80526, for a Site Specific Development Plan and Special Review Permit (USR #1027) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SE* of Section 8, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by R. Russell Anson, Attorney, and WHEREAS, at said hearing on October 27, 1993, the Board, after hearing all of the testimony and statements of those present, deemed it advisable to continue said matter to November 3, 1993, at 10:00 a.m. , at Mr. Anson's request. 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 (USR #1027) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, continued to November 3, 1993, at 10:00 a.m. PL0904 931104 d : r'Z, /1L, raas1frc_4✓lri" .�! SPECIAL REVIEW PERMIT - ENOS (USR #1027) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of October, A.D. , 1993. ATTEST: / n /'l a�iT.q WELD BOARD OF COUNTY COMMI SSIONERS COUNTY, COLOR DO Yllii /v'.�l%GG2 Weld County Clerk to the Board / Constance L. rbert, Chairman Deputy Clerk to the B - d W. ebster, Pro em APPROVED AS TO FORM: orge Baxte County Attorn y Dale K. Hall EXCUSED Barbara J. Kirkmeyer 931104 HEARING CERTIFICATION DOCKET NO. 93-77 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT (USR #1027) FOR A SINGLE FAMILY DWELLING ON A LOT UNDER THE MINIMUM LOT SIZE IN THE A (AGRICULTURAL) ZONE DISTRICT - HOWARD AND JEANNINE ENOS A public hearing was conducted on October 27, 1993, at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer - Excused Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated September 22, 1993, and duly published October 14, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Howard and Jeannine Enos for a Site Specific Development Plan and Special Review Permit (USR #1027) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Mr. Barker noted Docket #93-76 is also an application from Howard and Jeannine Enos for a Site Specific Development Plan and Special Review Permit (USR #1026) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District. He explained the hearings must be called separately, but the information received would be relative to both. Commissioner Webster mentioned the notice states the site is approximately 3 miles north of Windsor, which he believes should be 6 or 7 miles. Gloria Dunn, Planning Department representative, said the site is actually 3 miles north of Windsor's annexation boundary. She stated this request was recommended unfavorably by the Planning staff and the Planning Commission's vote resulted in a tie. Ms. Dunn explained the reasons for the unfavorable recommendation and staff's concerns. She noted, even if the Special Review Permits were denied by the Board, the applicant would still have the right to build one building on the 80-acre parcel. Ms. Dunn, in response to a question from Chairman Harbert, said there is a referral from the Weld County Engineer concerning right-of-way. R. Russell Anson, Attorney, represented the applicant and questioned, after reading Mr. Barker's memo to the Board, whether he had the option to ask for a continuance since there were only four Commissioners present. Mr. Barker explained procedures do not provide for a continuance, but the request is at the pleasure of the Board. After further discussion, Mr. Barker clarified the Board has the option to grant the applicant's request. Therefore, Mr. Anson, after consulting with the applicant, requested USR #1026 and USR #1027 be continued. Mr. Anson noted another item in Mr. Barker's memo concerned a recommendation that the matters be referred back to the Planning Commission because of the tie vote. Commissioner Hall suggested Mr. Anson decide whether the matters should go back to the Planning Commission, and Commissioner Baxter questioned whether it was required that said matters be referred back. Mr. Barker explained it is not required; however, the bylaws require a majority vote to pass a motion. The motions resulted in ties; therefore, there was not a majority vote and, in effect, not recommended for or against. Mr. Barker stated he had previously recommended to the Planning Department and the Board that they revisit the provisions of the bylaws for consistency. He further stated it is the 931104 Pk0goq ee ; P� RE: HEARING CERTIFICATION - ENOS (USR #1027) PAGE 2 option of the applicants and the Board whether or not to refer these matters back to the Planning Commission. (Changed to Tape #93-38 during Mr. Barker's explanation. ) Mr. Anson noted, even if referred back, there is no guarantee that all seven members would be present. After again consulting with the applicant, Mr. Anson indicated, in the interest of saving his client time and money, he preferred not to refer the cases back to the Planning Commission. No public testimony was offered concerning the continuance of this matter. After further discussion concerning the continuance date, Commissioner Webster moved to continue the request of Howard and Jeannine Enos for a Site Specific Development Plan and Special Review Permit (USR #1026 and USR #1027) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District to November 3, 1993, at 10:00 a.m. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 1st day of November,1993. APPROVED: ° '� ATTEST: P 1 BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO Weld County Clerk to t e Board / �t2.�ir/� BY tZ� � z Const nee L Hygrbert, Chairman Deputy Clerk to the Board W. - Webster, o-Tem TAPE #93-37 and #93-38 a* r. /ft K. r E. Baxte DOCKET #93-77 Dale K. Hall PL0904 EXCUSED Barbara J. Kirkmeyer 931104 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 27th DAY OF October 1993: DOCKET p 93-76 - Special Review Permit, Howard and Jeannine Enos DOCKET 4 93-77 - Special Review Permit, Howard and Jeannine Enos DOCKET 1193-78 - Mended Special Review Permit, Laidlaw Waste Systems DOCKET 11 PLEASE write or print your name legibly, your address and the DOCKET 1/ (as listed above) or the name of the applicant of the hearing you are attending. NAME / ADDRESS / HEARING ATTENDING j,'0-• 44, M1/•y,C�/otk, Jyo / J/rigQl -criel /- '4��,,,��Dcaq 9r.7G 95-77 97,4,4 707 linPaft-id /At -t Xih.4.M'C'-C�sll✓v �/�'y��`ex�/�"�t os--1q 92- 74;93-77 //✓ Z L. J S yri te-,�. .ac--Lc.c(/,t7 //0-1 t. i n4.7 /4- ' 0.) ho ai Alic', fit EOE he 9Zzao &i Cr L �� 223 Si 2-its, nide 14-4d/ov4, CO •i 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 Site Specific Development Plan and Special Review Permit 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: 93-77 APPLICANT Howard and Jeannine Enos 3704 Richmond Drive Fort Collins, Colorado 80526 DATE: October 27, 1993 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SE,' of Section 8, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles north of Windsor, Colorado, north of State Highway 14, and west of Weld County Road 17 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: September 22, 1993 PUBLISHED: October 14, 1993, in the Windsor Beacon cxhji,/- examinee the NOTICE office of th. Jerk b the board of Courtly Pursuant to the Commissioners, zoning laws of the located in the Weld State of Colorado County Centennfel and the Weld Center, 915 10th AFFIDAVIT OF PUBLICATION County Zoning Street, Third Floor, Ordinance, a public Greeley,Colorado. STATE OF COLORADO hearing will be held in the Chambers of DOCKET NO: A3- ss the Board of County 'y COUNTY OF WELD Commissioners of Weld County, APPLICANT : I, KEITH HANSEN, of said County of Weld, being duly Colorado, Weld Howard and sworn,say that I am publisher of County Centennial Jeannine Enos, Center, 915 10th 3704 Richmond WINDSOR BEACON Street, First Floor, Drive, Fort Collins, Greeley, Colorado, Colorado 80526 a weekly newspaper having a general circulation in said at the times in an. County and State, published in the town of WINDSOR, All persons in any DATE: October 27, manner Interested In 1993 in said County and State; and that the notice, of which the Site Specific the annexed is a true copy, has been published in said Development Plan TIME:1000 a.m. weekly for I successive weeks, that the notice and Special Review was published in the regular and entire issue of every Permit are REQUEST: A Site number of the paper during the period and time of requested to attend specific publication, and in the newspaper proper and not in a and may be heard- Development Plan supplement, and that the first publication of said notice and Special Review was in said paper bearing the date of the Should the applicant Permit for a single or any interested family dwelling on a ,L� / party desire the lot under the day of Q/Lip-Uza , A.D., 19 ea and presence of a court minimum lot size in the last publication bearing the date of the reporter to make a the A (Agricultural) record of the Zone District day of , A.D., 19 and proceedings, in that the said W NDSOR BEACON has been published addition to the taped LEGAL continuously and uninterruptedly for the period of 5 record which will be DESCRIPTION: consecutive weeks, in said County and State, prior to the kept during the Pat of the SE 1/4 of date of first publication of said notice, and the same is a hearing,the Clerk b Section 8, Township newspaper within the meaning of an Act to regulate the Board's Office 7 North, Range 67 shall be advised in West of the 6th printing of legal notices an advertisements, approved writing of such P.M., Weld County, May 18, 1931, and all prior is ar as in force. action at least five cooadp / 4 days prior the �� hearing. cost The cost of LOCATION : L engaging a court Approximately 3 I. ' P LISHER reporter shall be miles north of ��'' borne by the Windsor, Colorado, Subscri a worn to before me this a/'—' day requesting party. north of State of C. t 19S1 BE IT ALSO Highway 14, and KNOWN that the Road 11Weld County ctsc�� ° � text and maps so NOTARY PUBLIC certified bY the Weld BOARD OF �pa�,-County Planning COUNTY My commission expires %—t/ /9 9 6 . Commission may be COMMISSIONERS, WELp COUNTY, COLORADO BY: DONALD D. WARDEN, WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge,Deputy Clerk to the Board Published in the Windsor Beacon on October 14, 1993. 9311_15 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-77, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this . ct day of , 1993. Deputy Clerk to the Board Arthur M. and Evlyn M. Clark Big Sky 1401 Lindenwood Drive 1709 Whistle Pig Lane Ft. Collins, CO 80524 Broomfield, CO 80020 Richard A. and Linda E. DeNeui Howard and Jeannine Enos 7730 W. 5th St. 3704 Richmond Drive Lakewood, CO 80226 Ft. Collins, CO 80526 William E. and Jane A. Lentz 40361 WCR 17 Ft. Collins, CO 80524 K & M Company 3201 Shore Road Ft. Collins, CO 80524 Cactus Hill Ranch Company 38990 Highway 257 Ft. Collins, CO 80524 City of Thornton 9500 Civic Center Drive Thornton, CO 80229 North Weld County Water District PO Box 56 Lucerne, CO 80646 Charles M. and Esther L. Pittock 642 E. Scorpio Drive Littleton, CO 80124 Pineda and Sons, Inc. 35065 WCR 19 Windsor, CO 80550 Larimer County Sheriff's Department 200 W. Oak Ft. Collins, CO 80522 931113 Hello