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Home My WebLink About920655.tiff RESOLUTION RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE OF RECORDED EXEMPTION APPLICATION - RICHARD HEIN 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 22nd day of July, 1992, at the hour of 10:00 a.m. in the Chambers of the Board, on behalf of Richard Hein, 6386 Weld County Road 23, Fort Lupton, Colorado 80621, 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 May 27, 1992. WHEREAS, said hearing concerned the application for a recorded exemption on the following described real estate, to-wit: Part of the Wi SWt, Section 36, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Marvin Hein, 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 approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant, in his letter of June 16, 1992, has demonstrated that a substantial change in facts and circumstances has occurred. a. The application for RE #1409, from Richard Lee Hein, was denied by the Board of County Commissioners on May 27, 1992. The property the applicant wanted to divide was Lot B of RE #811, approved in 1986. b. The applicant proposes vacating Recorded Exemption #811 if the Board allows him to file an application for a recorded exemption on the property previously denied, and if the Board approves the new request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has been substantial change in the facts and circumstances regarding the application of Richard Hein for a recorded exemption. 920655 cam ; Ft P , PL, 9cr /yc. 5 SUBSTANTIAL CHANGE - HEIN PAGE 2 BE IT FURTHER RESOLVED by the Board that the request of Richard Hein to apply for a recorded exemption be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that if said request for a recorded exemption is approved, Mr. Hein will vacate Recorded Exemption #811. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D. , 1992. /JynJ BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board � C aleA eo a Ken y, C airman // I Deputy Clerk fd the Board \ CConstance L. Harbert, Pro-Tem APPROVED AS T FORM: ! r/t tc f C. W. Kir County Attorney Gord ac W. H. Webste 920655 HEARING CERTIFICATION DOCKET NO. 92-40 RE: SUBSTANTIAL CHANGE OF RECORDED EXEMPTION APPLICATION - RICHARD HEIN A public hearing was conducted on July 15, 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, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated June 29, 1992, and duly published July 9, 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 May 27, 1992. If a finding is made by the Board that a substantial change in the facts and circumstances exists, then Richard Hein will be allowed to apply for another recorded exemption. Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning staff into the record as written. Marvin Hein, brother of the applicant, was present. There was no public testimony offered concerning this matter. Commissioner Lacy said he feels the applicant has good reason for this request, and he moved to approve the request to allow Mr. Hein to reapply for a recorded exemption, based on the Planning staff's recommendation. The motion was seconded by Commissioner Harbert. Mr. Hein said their prospective buyer has now moved away; therefore, the future request may not be for 15 acres. Mr. Schuett said staff's opinion is that there is still substantial change due to the vacation of the recorded exemption. Commissioner Lacy said the motion still stands, and it carried unanimously. This Certification was approved on the 27th day of July, 1992. / fla% APPROVED: ATTEST BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board By: t fu �/�coq Geo a Kenne hairman Deputy Cler to the Soard `\ Constance L. Harbert, Pro-Tem TAPE #92-24 C. W. Kir DOCKET #92-40 Gord . ac PL0073 W. . Webster 920655 CC ' L ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF JULY 1992: DOCKET II 92-40 - SUBSTANTIAL CHANGE HEARING: HEIN, RICHARD DOCKET II 91-50 - SHOW CAUSE HEARING: MCDONALD, JAMES DOCKET 0 92-35 - CHANGE OF ZONE HEARING: COTTONWOOD WATER SKI CLUB, LTD. DOCKET II 92-36 & 92-37 - TWO SPECIAL REVIEW PERMITS: COTTONWOOD WATER SKI CLUB, LTD. PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 1 !r< f'AAL I , 6,L).,,,,,.._ /,91 1'4),-re PR . HP✓js(_ ?.2 •-.--1 1 7 (%,�S�' �r�lt/n z,� ��/ t : �<</4%�1ti .4�it WQM7 RIri�.�= 1;2 - /1U, i,/iv /516//l/ /CC Clock 113a0 ACC* ;t-z 92 -- yo O,,-,nhLj .11., .. &-„ `--1a<_o ` tr, k r/�'` {L 1 ) t - .co ce, 7 � / � ., ci - /q ii2 IC; t A✓3y i:1,`,9fr.I t // 9 I .- 5 -7:,.: ., .F! 1 ;o ;.r; , ),, -)=,n? (2` ) C_ f ri 1 r ' 'jI- " c> Ch l- l a arse‘ NIA 1.UC Y \\ q 1 - Si) /? a__--A-!. : i A.J., / r &/c/11 i ll 72;'ui:'f/,E, 9/- .)C≥ NOT I C E 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: 92-40 APPLICANT Richard Hein 6386 Weld County Road 23 Fort Lupton, Colorado 80621 DATE: July 22, 1992 TIME: 10:00 a.m. ISSUES: 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 May 27, 1992. LEGAL DESCRIPTION: Part of the W'-, SW; Section 36, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 23, and south of Weld County Road 14.5 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: June 29, 1992 PUBLISHED: July 9, 1992 in the Windsor Beacon a Prwr nis al"rn of the SS of Cdlwwisa1 the Weld County Zoning Ordlnwo,a public hewing AFFIDAVIT OF PUBLICATION WA to hold In the Chiba* of the Board of County Commissioners of Weld STATE OF COLORADO county. Colorado, Weld County Centennial Center. ss 015 10th Street.First Floor. COUNTY OF WELD Greeley.Colorado,Y the time specified.All persons In arty manner intwesied In I, KEITH HANSEN, of said County of Weld, being duly the following maser an sworn,say that I am publisher of requested to masted and nibs head. Should the want r rry WINDSOR BEACON Interested party desks the to make a a record the a weekly newspaper a general circulation in said pr make f record of thehaving pr in In na t County and State, published in the town of WINDSOR, d record sib will to kept during the pro, in said County and State; and that the notice, of which the Clem to the Board's the annexed is a true copy, has been published in said Office shall be advised at weekly for / successive weeks, that the notice flos• of such dvisaction In leer IS days odor to Ihe was published in the regular and entire issue of every hearing. The 0051 of number of the paper during the period and time of s a court repots! P P shall be born by the publication, and in the newspaper proper and not in a nn eatkigpanl'' supplement, and that the first publication of said notice BE IT ALSO KNOWN that was in said paper bearing the date of the the text and maps so codifiePlanning Comm Me ission ll Covey 9 day of Talc/ , A.D., 19 ql>' and t eCleNra h e Sloe a the last publication bearing the date of the the ntym to ommI sow e County Commissioners, Weld nrs, Coned h the wad Colaey Conine y of A.D., 19 and • lidCOMM Floe,Beery that the said WINDSOR BEACON has been published Colorado. continuously and uninterruptedly for the period of 5 DOCKET:92s0 consecutive weeks,in said County and State, prior to the date of first publication of said notice, and the same is a APPLICANT:Solid 11elo MN Wald Courtly Rood 23. newspaper within the meaning of an Act to regulate Fort Lupton. Colorado printing of legal notices and advertisements, approved 00621. May 18, 1931.,and all prior ac o far as in force. DATE:July 22,1982. TIME:1odl0 am ISSUES:Whether or not — there has been substantial L ISHER chant In the-!acts and /4"/Zti4 circumstances regarding the ! spoliation for a recorded Subscribed and sworn to before me this day exemption which was of /Yqet9 ., St- 199r dented by the Board of County Commissions on ,r n `.,' 1/May 27,1992.LEGAL DESCRIPTION: NOTARY PUBLIC P art of the W 7/2 SW 1/4 Section 38. Township 2 �'- C -�i North,Range 07 Wit of My commission expires 1 t 1� the 00r P.N.,Weld County. Colorado. _ LOCATION:East of Weld County Road 2&and South of Weld County Road 14.& BOARD OF COUNTY COMMIBSIONERO WELD COUNTY. COLORADO BrOwwd 0.Wrdrr Weld County Clera m the Boyd Br Sheap K.MAN Deputy crdcmga Bow DATERJrwa 1002 ►sh0ehad I Br Widmer tea al BS CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-40, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 1st day of July, 1992. Deputy Clerjto the Board RONALD L. AND PERSCILLA G. MARTINEZ CITY OF FORT LUPTON 1003 PACIFIC WAY P.O. BOX 148 FORT LUPTON, CO 80621 FORT LUPTON, CO 80621 PETER P. GRABRIAN JOHN SCHURER 9158 N 95 DIVISION OF WATER RESOURCES LONGMONT, CO 80501 1313 SHERMAN STREET, ROOM 818 DENVER, CO 80203 RONALD AND SUE ANN GRABRIAN 6325 WELD COUNTYU ROAD 23 FORT LUPTON, CO 80621 JACK, JR. , AND SANDRA LEA BERGER 5901 WELD COUNTY ROAD 21 FORT LUPTON, CO 80621 HOWARD E. , JR. , AND ELAINE M. BINDER 6055 WELD COUNTY ROAD 23 FORT LUPTON, CO 80621 MRS. SAM KOSHIO, ETAL C/O GEORGE MASUNAGA 6576 WELD COUNTY ROAD 23 FORT LUPTON, CO 80621 FRED W. AND VILLAVERDE MARILYN BERHARD 11420 WELD COUNTY ROAD 14.5 FORT LUPTON, CO 80621 ROSS AND RUTH ANN BLACKSTON 11400 WELD COUNTY ROAD 14.5 FORT LUPTON, CO 80621 RICHARD L. HEIN 6386 WELD COUNTY ROAD 23 FORT LUPTON, CO 80621 NICHOLAS ALFRED CORDILLA 11942 SOUTH MANOR DRIVE, APT. B HAWTHORNE, CA 90250 JERRY A. AND BEVERLY A. LAMBRECHT 5535 WELD COUNTY ROAD 23 FORT LUPTON, CO 80621 C CC35 Date: July 22, 1992 CASE NUMBER: SCH-6 NAME: Richard Hein ADDRESS: 6386 Weld County Road 23, Fort Lupton, CO 80621 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part of the W2 SW4 of Section 36, T2N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 23, south of Weld County Road 14 1/2. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: It is the opinion of the Department of Planning Services' staff that the applicants have demonstrated that a substantial change in facts and circumstances has occurred. On May 27, 1992, the Board of County Commissioners denied a Recorded Exemption application submitted by Mr. Hein. The property the applicant wanted to divide was Lot B of RE-811, approved in 1986. The applicant proposes vacating Recorded Exemption 811 if the Board allows him to file an application for a recorded exemption on the property previously denied, and if the Board approves the new request. The staff recommends that the Board consider this a substantial change in facts and circumstances and allow the applicant to file a new recorded exemption application, with the understanding that if the new application is approved, Recorded Exemption 811 will be vacated. `." 0C35 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 11 lip C. COLORADO June 26, 1992 Mr. Richard Hein 6386 Weld County Road 23 Ft. Lupton, CO 80621 Subject: SCH-6 - Request for a Substantial Change Hearing on a parcel of land described as part of the W2 SW4 of Section 36, T2N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Hein: I have scheduled a meeting with the Board of County Commissioners on Wednesday, July 22, 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, I Lanell J . nson Current Planner LJS/sfr C CC 5S Mr. Richard Hein 6386 Weld County Road #23 Ft. Lupton, Colorado 80621 June 16, 1992 0 -a Board of County Commissioners JON 2 2 1992c/o Weld County Department of JON Planning Services V — 915 10th Street, Room 342 Weld County Planning Greeley, CO 80631 Dear Board Members: In May, 1992 by a vote of 3 to 2 you denied my request for a recorded exemption to split seven acres off my farm. I believe a substantial change in facts and circumstances has occurred, therefore I am filing this petition to request permission to file another application. In 1985 you granted me a recorded exemption for three acres on this farm. Assuming you will grant me the right to file another applica- tion, I will propose to vacate the previous exemption, if my applica- tion for a new exemption is approved. Therefore, the same number of parcels would exist before and after any approval of the new applica- tion. The new application will propose a fifteen acre split running the entire width of the farm along WCR 141 which is paved. Domestic water is in the street. There is also live water in the creek cutting across the property. Lastly, the property has two shares of Slate Ditch water. I appreciate your consideration of this matter and look forward to your vote. Sincerely, lde4444, Richard Hein or'flr -r •J + L a.^, SURROUNDING PROPERTY OWNERS AND/OR INTEREST OWNERS/SUBSURFACE ESTATE Richard Hein SCH-6 Ronald L. and Perscilla G. Martinez 1003 Pacific Way Ft. Lupton, CO 80621 Peter P. Grabrian 9158 N. 95th Avenue Longmont, CO 80501 Ronald and Sue Ann Grabrian 6325 Weld County Road 23 Ft. Lupton, CO 80621 Jack Jr. , and Sandra Lea Berger 5901 Weld County Road 21 Ft. Lupton, CO 80621 Howard E. Jr. , and Elaine M. Binder 6055 Weld County Road 23 Ft. Lupton, CO 80621 Mrs. Sam Koshio, et al. 6576 Weld County Road 23 Ft. Lupton, CO 80621 Fred W. Berhard and Marilyn Villaverde 11420 Weld County Road 14-12 Ft. Lupton, CO 80621 Ross and Ruth Ann Blackston 11400 Weld County Road 14-1/2 Ft. Lupton, CO 80621 Richard L. Hein 6386 Weld County Road 23 Ft. Lupton, CO 80621 Nicholas A. Cordilla 11942 S. Manor Dr. , Apt B Hawthorne, CA 90250 (.q J i3 U 3s woo US <\.e \A L c --\7Prsc i \,Acam C 1.0.03 •ac, 1.. 01 FA- , L.,,,f)\-b-, co &onoz1 ob (roar --Pe Cv gISB N qE) n yvoon oY\\ Co & o\ O1 0 rr\r a -"Rut c< a CA...( (Q32,9 1Ac R 23 L,.._p-c „ Co 2c1,22_ 1 C1 n Aro, Leek . 0 Cc ariQZJ O '1 S 13tnde- t \Wctrc\ v .dr i nr (Q05S v,.1crz z_3 F� L,„10A-z_-,y\ Co oc.e21 1311 3C e 0000 4--i osH o &YY, rs c -1 `IQ enec v-r�` ti_k vvo: ). � (�S'1Lt v c r 33 F{-- L 4pLr Co sbce 2.J C5 )*, j rd G-rec1. Ravev'de g`avk ��v� t4 zc> W,ce 4 ( 12- 14 �,,I Ent, 2:1 � -Jc 13tl�C�C�.:vC� Cp ��acc`� � -l�o� 't's � n 1\400 vS.Ca2 t4 f ?_ rte\ r, So I 14Caa CI opooz_ -�yc occA L O z (,^7Z,`2 co° 25 F'4- ,Q-cyn Cc_' 5c-12 I O33 Cord 1`I� cCAI\O\a U crej l [gel- `z rLO Aek tc3 -I160./ c Acovkne l4tGoz coc-c - rvv°Ov-Pc y.)E-rr-i A rr k`i A 553S ACC- Z3 L 0c 2,e& Z l Hello