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Home My WebLink About930271.tiff RESOLUTION RE: ACTION OF BOARD REGARDING SUBSTANTIAL CHANGE OF RECORDED EXEMPTION APPLICATIONS - RICHARD SCHLAGEL 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 31st of March, at the hour of 10:00 a.m. , in the Chambers of the Board, on behalf of Richard Schlagel, 36835 Weld County Road 21, Windsor, Colorado 80550, for the purpose of considering whether or not there has been substantial change in the facts and circumstances regarding the applications for two recorded exemptions which were denied by the Board of County Commissioners on February 17, 1993, and WHEREAS, said hearing concerned the applications for two recorded exemptions on the following described real estate, to-wit: SE* of Section 18, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Richard Schlagel, said applicant, was 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 subdivision 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 March 5, 1993, has demonstrated that a substantial change in facts and circumstances has occurred. a. There has been a change in the applicable provisions in the law in as much as the applications denied were for two recorded exemptions, and the proposed application is for a subdivision exemption. 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 Schlagel for a subdivision exemption. 930271 72(7 / L RE: SUBSTANTIAL CHANGE - SCHLAGEL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of March, A.D. , 1993. P!� t. , . i , BOARD OF COUNTY COMMISSIONERS ATTEST: is (.Clip�j(.Z' L,:,;1 WELD COUNTY, COLORADO Weld County Clerk lltowthe Board g97:1-727-4V-e--/---17r '� �/ �/� /� Consta cIe L. Ha( ert,/ Chairman BY: 1`- ! 'tKIL� , 7�`,'�� ..t Deputy erk to the Board W. H. Webster, Pro-Tem � -79 APP AS TO FORM: /Z� � ,,--- 1,7 eorgeDE. Baxte (�- ' f�--a V County Attorney Dale K. Hall ( Barbara J. Kirkm yer 930271 HEARING CERTIFICATION DOCKET NO. 93-17 RE: SUBSTANTIAL CHANGE HEARING - RICHARD SCHLAGEL A public hearing was conducted on March 31, 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 Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Bruce Barker Planning Department representative, Lanell Adler The following business was transacted: I hereby certify that pursuant to a notice dated March 10, 1993, and duly published March 18, 1993, 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 applications for two recorded exemptions which were denied by the Board of County Commissioners on February 17, 1993. If a finding is made by the Board that a substantial change in the facts and circumstances exists, then the applicant, Richard Schlagel, will be allowed to apply for a subdivision exemption. Bruce Barker, Assistant County Attorney, made this a matter of record. Lanell Adler, Planning Department representative, entered the favorable recommendation of the Planning staff into the record as written. Ms. Adler said the subdivision exemption will allow the creation of a 35-acre and a 125-acre parcel. Mr. Schlagel was present and stated they would like to have an access on Weld County Road 27 rather than Highway 392. He said the property would still be agricultural, with water rights. In response to a question from Chairman Harbert, Mr. Schlagel said he lives in Windsor, not on the subject property. In response to a question from Commissioner Webster, Ms. Adler said the improvements currently access to Highway 392. David Veretto, surrounding property owner, questioned where the access will come out onto Weld County Road 27. Mr. Schlagel said the access will be on the south side of the 35-acre parcel. Ms. Adler noted that all the Board is approving today is to allow Mr. Schlagel to apply for a subdivision exemption. In response to a question from Chairman Harbert, Mr. Veretto said he does not have a problem with splitting the property into only two parcels, as long as there were no more divisions. Ms. Adler noted for the record that a letter was received from Donald Hergert, surrounding property owner, stating he owns a feedlot and does not want to see a subdivision in the area. She reiterated the fact that the subdivision exemption is not being considered today. Commissioner Kirkmeyer moved to find there has been substantial change and Mr. Schlagel be allowed to apply for a subdivision exemption, based on the recommendation of the Planning staff. The motion was seconded by Commissioner Hall, and it carried unanimously. 930271 RE: HEARING CERTIFICATION - SCHLAGEL PAGE 2 This Certification was approved on the 5th day of April, 1993. APPROVED: If to , - i h ATTEST: s ilk, m BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld Cou/ry9,tyrC�lerk{to the B/oard BY Cie v l ° ( �P L, Constance L. Ha�7berChairman� Deputy Cle�k to the Board I / W. Webste ,Pro-Tem TAPE #93-10 7� Borg E. Baxt r DOCKET #93-17 Dale K. Hall / PL0073 l-S,l ca.- / 4/ j;u Barbara J. Kirkm yer 930271 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: 93-17 APPLICANT Richard Schlagel 36835 Weld County Road 21 Windsor, Colorado 80550 DATE: March 31, 1993 TIME: 10:00 a.m. ISSUE: Whether or not there has been substantial change in the facts and circumstances regarding the applications for two recorded exemptions which were denied by the Board of County Commissioners on February 17, 1993. If a finding is made by the Board that a substantial change in the facts and circumstances exists, then the applicant will be allowed to apply for a subdivision exemption. LEGAL DESCRIPTION: SE! of Section 18, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: North of Highway 392, west of Weld County Road 27 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: March 10, 1993 PUBLISHED: March 18, 1993 in the Windsor Beacon AFFIDAVIT OF PUBLICATION Nal= ISSUE:Whether or ne4 STATE OF COLORADO there hes been ss Pinyon*to the aoaMg. eeNelaetyt change if. COUNTY OF WELD laps of the State q the tacts ran Colorado and the VON efaaanugcee AWNING for two I, KEITH HANSEN, of said County of Weld, being duly County Zoning Ms arpluitbne Ordinance, a public. reber�ded exemptionssworn, say that I am publisher of rep will be held in Whiph were denied by the Chambers of the the Bead of County WINDSOR BEACON Board of County Commissioners on mma Colorado,el%Mil FaMuary 17, 1993. 0■ Co VtW Nero Is made by the a weekly newspaper having a general circulation in said County C 915 en10th enn� ha aubafarsW County and State, published in the town of WINDSOR, FirsttFloor, Greece change M the facts ant in said County and State; and that the notice, of which Colorado, at the time thenctheircumstances exists, applicant MO annexed is a true copy, has been published in said tpegatsd All persorwM be ribald to apply,a weekly for successive weeks, that the notice ary mariner Interested — In the Snowing meet any L.exerrvtlon, was published in the regular and entire issue of every are requested to Ord LEGAL DESCRIPTION: number of the paper during the period and time of and maybe heard. SE-tie it Section 10, publication, and in the newspaper proper and not in a 81touts the aPPlcers er Township 6 North, supplement, and that the first publication of said notice I1 any interested a�.,West of was in said paper bearing the date of the Parry Si►y.,Weld County, Mee Vie prawns q a Cando caest+eperter to nalea i3"t�yy day of 6(.4-c Li. , A.D., 19 9. and record of the LOCATION: North of PreaSSCs.N addible Highway 392 wen of the last publication bearing the date of the to the taped recent WstdC•wsy Road 27 With agibe kept dupgg day of , A.D., 19_ and the Nem the Chicle BOARD OF COUNTY that the said WINDSOR BEACON has been published the Boareys Office shag COMMISSIONERS, be whew In wilting of WELD COUNTY, continuously and uninterruptedly for the period of 5 such ag°l at least Se COLORADO consecutive weeks, in said County and State, prior to the days prior to the date of first publication of said notice, and the same is a ring. The cost of BY: DONALD D. newspaper within.the meaning of an Act to regulate engaging a court WARDEN, WELD raper,tall be boner COUNTY CLERK TO printing of legal notices an /advertisements, approved by the requesting party. THE BOARD May 18, 1931, and all prior cts ar as in force. BE IT ALSO KNOWN BY: Shelly K. Miller, /" thatso the text and mews Deputy Clerk to the //L�) / / u eled by la the Wild Beard - - / , County PlanriMg P BLISHER Commission may be published In the animated In the aim el Iggieleer BWelan Me ClerkCounty Co the Bendend el Ikea 18,lap Subscribed and sworn to before me this 42I>1 day located in the of ( 2Lai_ 19 q3 County Centennial Collor,O15.10Or Street, __, "94BA C 'LY //LLl?rn c „b Third Floor, Greeley, NOTARY PUBLIC Colorado. DOCKET NO:93-17 My commission expires i,c 2 , /91,'= APPLICANT: Richard (/ SehNgel, 36835 Weld County Road 21, Windsor, Colorado 80550 DATE:March 31,1993 TIME:W00 a.m., - 9:3, 01'n CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-17, was placed in the United States mail, postage prepaid, addressed too7the following property owners. DATED this / T 'II day of21A 1;1 ) , 1993. if,t(16( ' I i -` Deputy Cleqhi to the Board RICHARD SCHLAGEL HENRY SCHAEFER 36835 WELD COUNTY ROAD 21 NANCY C. HAMMERS WINDSOR, CO 80550 1001 43RD AVENUE, #1A GREELEY, CO 80634-3200 ROBERT, LOUISE, AND JOYCE WALKER 33530 WELD COUNTY ROAD 25 DONALD AND MARIE WINDER, TRUSTEES GREELEY, CO 80631 12002 HIGHWAY 392 GREELEY, CO 80631 NORTH WELD COUNTY WATER DISTRICT BOX 40 ERNEST W. AND STELLA MAE TIGGES WINDSOR, CO 80550 32799 WELD COUNTY ROAD 27 GREELEY, CO 80631 ERNEST, STELLA, PHILLIP, & BARBARA TIGGES GRANT LEE MORRIS ROUTE 2, BOX 284 LINDA COULTHARD GREELEY, CO 80631 32550 WELD COUNTY ROAD 27 GREELEY, CO 80631 TED L. AND LEONA MYERS 2710 26TH STREET ROAD GREELEY, CO 80631 GENE R. AND SANDRA L. ULM 12435 HIGHWAY 392 GREELEY, CO 80631 JOHN AND MARILYN J. ORTH 1410 PRAIRIE VISTA DRIVE BETTENDORF, IA 52772-1830 KEVIN R. AND DEBRA M. KING 33430 WELD COUNTY ROAD 25 GREELEY, CO 80631 EVELYN S. CARLSON, ET AL 1137 25TH AVENUE GREELEY, CO 80631 DAVID L. AND PATRICIA A. VERETTO 33284 WELD COUNTY ROAD 27 GREELEY, CO 80631 930T71 HERGERT LAND & CATTLE COMPAN'F 33766 Weld County Road 27 Greeley , Colorado 80631 March 29 , 1993 Board of Weld County Commissioners 915 10th Street P . O. Box 758 Greeley , Colorado 80632 Dear Commissioners of Weld County : Reference DOCKET NO . 93-17 : APPLICANT Richard Schlagel ' s petition to sub-divide the Carlson farm As owners and operators of a cattle feeding entity that is across the road and a short distance north of the northeast corner of the Carlson farm, we want to go on record as a business entity that does not support the subdivision. All of you know it is impossible to control the odor and the dust problem from a feedlot . At times during the summer and early fall , the dust from the corrals is very difficult to contain and is very annoying. Normally there is a fair amount of traffic along Road 27 and at times , such as harvest , the truck traffic is heavier . Yours truly, DH : gb Donald E. Herbert 9:301 0c , H4 , fz_ DATE: March 31, 1993 CASE NUMBER: SCH-9 NAME: Richard Schlagel ADDRESS: 36835 Weld County Road 21, Windsor, CO 80550 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: The SE4 of Section 18, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Highway 392, west of Weld County Road 27. 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 applicant has demonstrated that a substantial change in facts and circumstances has occurred. On February 17, 1993, the Board of County Commissioners denied two recorded exemption applications submitted by Mr. Schlagel. The properties included the two 80-acre parcels in this quarter section. The applicant now proposes taking the two 80-acre parcels and applying for a Subdivision Exemption for a boundary adjustment if the Board allows him to file another application. The boundary adjustment would create a 35 acre parcel and a 125 acre parcel, more or less, if approved. The staff recommends that the Board consider this a substantial change in facts and circumstances and allow the applicant to file a Subdivision Exemption application. 920''' 1 \\ 0 \ t j �'" Swanson ` _ — <ea �V �Lake�� 1 Ei— , j j J er 1,', i I . I \ \ f. 891 i4 `a, B 4A2R ae"sE. I 1 _ 468] ,. -�<891 �_1 , 1 . J 1 i�io� II �'.. .I ` \"'11----C 12 7 v 8 �� \': f C , I -.3\\ y0 12_ d Q.((/... 7 .e4v re m 8 b y'' 6 114882 4. / 9 902 - 14827 ,II I4B]B l 49/0 FB 0 \ 90 1 niefope HiII 0 R6 \ °\ / 6 Roue aso .I' . area" 0 oleo ]9/ 4]69\WINDSOR �'- ROAD 4]64 \\�4800 84986 4]93 .. N— �T: l .' ;t = == =LHe $• , t., v pn"\ 1 o]]o'l % 2" ? 20v` � °well 19- 11 A GP 4]40..4760 r\ i4,50 24 i ii 5p�/ - 4]60 11 �� 11111 / V .. �; °well 1 \ l p0 v, a]50 A 7a 47 ti 111 I. aN - ° 4] _�I l— ____ _� 4]36: J1pIIIJ1T well Ai• °.,-\ ?rapose-J s - I4- 8- (o - (o (p _J::o19i March 5, 1993 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley CO 80631 Dear Commissioners, Please accept this request for a Substantial Change Hearing for Recorded Exemption No. 1468. There have been many developments in the recent past that have altered my proposed property division. Enclosed is a map showing the new proposed division, which creates a 34 acre farm rather than a 10 acre rural residential homesite as originally proposed. This new division does not create any new building sites than what already exists. I will be re-applying under a Property Boundary Adjustment (Subdivision Exemption Application) . I look forward to hearing from you as to when a substantial change hearing can be set. Sincerely, Richard Schlagel RS\pg /� �G7� J�12f'"o degiuiPVYI tMAR 0 ` 1993 lU_. _. .__ ___. . ys 93x0 .3 1. 99 *. IY! A r -,,v;,'"".'41'it 1 ki r {1,'ir' �'�( W r it�,,,nn..k', !,r,- r. 1 �7!'A qtf Iti M[i , N t {1i' e i j? "y �.°it y 3:1.,....,71 y {Sr. Y . `3�C �k ak„ t .n,.141 F 6 .v r y y,, (�fifi � , ., p4 ,iDt ' .;I+ �� }) � ]"1 cy ; �3 tr i r �51'� �* p t i4 •i � Orr .• r "� 4 'J, r .. P G . 9 °"1 Yijy°•t1�46� �j 1i. err*k�" "11..'3.'.0..:, 'ir ' ^ ( kit BEFORE iQ 11 "' 1 jn', I. 'Ti .: '',.??" .Rl0h; id tl�'�f 3t0. 1p„` r Vrtrt.4, i . 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A d;i f P. _ix �f - '''7,;:, v yR' I r 7 r r i £'tt"� 1 '1'' ° • a �s' {t, Its. + ljt 33-"31,141r41,1'.11; y�y�� I .41, [:.,, 4 y i 4.i 1 ' } > il PARCEL 1 it r11'0 { 's iAti� tS.a , ,',1 tt 4r ^rl R+y..R >' � k. ? � I r 1 "1 if + ray i � F 7 +� 1 {,.1j1 • 1 1 j rc L111 ur, r r } �t 1" . . � r 41 � 4 , ./�'" t„ 'I ti44 4 f it : :,, r [` 14 4';0 Y p �y t C I y qx F 1 11 pp r`1�4 e{{{ `j� 1 ,,,f rt4 h{�y14,44 l 1 ! a ,f j �r c i I I 1 ',...� t f Sfli�,F • —4;;;!;;i4. i t I.�, , 1 I a § Ali, s II I 4 Y1 I I� V 1r,Cr 1 t.; ;(:. p4uES . r'+,o; 11' x'1 I'i tk kg's +4 k'` �iYz�� % .,,c,„„se,, ]" �' ,,,,,„,,,,t1,„ i r ! n '54— �{ 1. , *�it j J'itls-1 iy}1. '% r ' V l'.it 7 A 7, I i• � C'• a. - ft, t 1 ! wad `gasrc:'13.3 4k a! �' ,.g 1 '',7,:, `I'hp(I ,x '1F , +, r `4 t 1 -li i �tg� J I1 '1 t �� P , r vp 1P1y {1111 {Id 3 M,� l ' ' r reIt 1i' y t1 11{. s p * } z v !r k ! PARCEL 2 5 e .3A+ CIP k t kit ,s F z b ;7 • j !1 >, , 1 7sAri ji• P. ,,- ,,I14. l.. 1 ii n I it f x 4i4 1'4i i�}: �yM y� J*+15 $d Ii '+•y' 1 , � � .phi �" A $. { '^" ,I,{,'�jff6 _ 1' �+ c„;,.' ): t 7. I t. xiBx !'!t''i iv43' ' , i _ 1 % 1111- t9 _ _, _. =e ter' j •��),".4.-/s. 104-7% '� .. 'rit ''.! d n 1• 1 Ir.,:tt II 'PA L lit to 1 , •+ � ' ( ► ,. (Vitt DEPARTMENT OF PLANNING SERVICES I PHONE (303) 353-3845, EXT. 3540 ' De WELD COUNTY ADMINISTRATIVE OFFICES WI 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO March 10, 1993 Richard Schlegel 36835 Weld County Road 21 Windsor, CO 80550 Subject: SCH-9 - Request for a Substantial Change Hearing on a parcel of land described as part of the SE4 of Section 18, T6N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Schlegel: I have scheduled a meeting with the Board of County Commissioners on Wednesday, March 31, 1993, at 10:00 a.m. , to consider your application. This meting 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 Commissioenrs 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, /7 ' \/Lanell J. A3ler Current Planner LJA/sfr pc: Ed Orr Orr Land Company 801 8th Street, Suite 230 Greeley, CO 80631 9:301 p itte;t: ro\nr--,t,..iJEPARTr ENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 '. aka J WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH Q , ..... - GREELEY, COLORADO 80631 E C. VIM 12 I9J2 COLORADO March 10, 1993 ��\\\ %SAP ASE NUMZER: SCH-9 TO WHOM IT MAY CONCERN: Enclosed is an application from Richard Schlagel for a Substantial Change Hearing. The parcel of land is described as the SE4 of Section 18, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Highway 392, west of Weld County Road 27 . 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 March 24, 1993, so that we may give full consideration to your recommendation. Please call Lanell J. Adler, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. W- have reviewed this request and find that it �O doe /does not) comply with our Comprehensive Plan for the ollowing )reasons. N0 Chow. 1,4:4-tp.tel '„a.,,., So j ,... loaa, S .±.J .cn.... V e Hwy 3 fa . qQ c 2.l ) .;7 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. 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. � CCCCIC / r Signed: �� G, r-�(/Agency: �G+M tiriV/ t J 1 J Date: r /≤ y-3 MAR 1 9 1993 \ 920T71. TOWN OF 'WINDSOR Nanning Department 301 W l tut Street Windsor, CO 50550 (303) 68i6-7476 MEMORANDUM TO: Lane11 J. Adler, Planner FROM: Janet Carpenter, Planner SUBJECT: WELD COUNTY REFERRAL DATE: March 15, 1993 The Windsor Planning Department is in receipt of a Weld County Referral for: Richard Schlagel CASE NUMBER: SCH-9 The next available Planning Commission meeting at which this matter may be considered is: April 1, 1993 7:00 p.m. Board Room 301 Walnut Street, Windsor, Colorado The Windsor Planning Commission meets on the first Thursday of each month. If a referral is received after that date, the Planning Department will schedule consideration for the next regular meeting. jec c\V/ji MAR 1 6 19931 9,20`'71 rs . _... _ PARTMENTC OF PLANNING SERVICES ' •'` PHONE (303)353-3845, EXT. 3540 lI WELD COUNTY ADMINISTRATIVE OFFICES WI C MAR 1 1 199 ! 1400 N 17TH AVENUE t i GREELEY, COLORADO80631 r _ I COLORADO March 10, 1993 CASE NUMBER: SCH-9 TO WHOM IT MAY CONCERN: Enclosed is an application from Richard Schlagel for a Substantial Change Hearing. The parcel of land is described as the SE4 of Section 18 , T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Highway 392, west of Weld County Road 27 . 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 March 24, 1993, so that we may give full consideration to your recommendation. Please call Lanell J. Adler, 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. c-----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 to the enclosed letter. Signed, 4/-41C 4'( Agency: ;' C /VC / Date: /77/2(7 3 MAR 2 1993 930 "7i APPLICATIONS FOR LAND-USE FOR PROPERTY PREVIOUSLY DENIED 1. Neither an applicant nor his successors in interest in property for which a land-use application was denied within the preceding five (5) years may submit a land-use application or request a rehearing on a previously submitted application for any portion of the property contained in the original application unless the Board of County Commissioners has determined that, based upon a showing by the applicant, there has been a substantial change in the facts and circumstances regarding the application or that there is newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. 2. "Substantial change in facts and circumstances" shall mean a substantial change in the land-use application, in the surrounding land-uses or in applicable provisions of the law. 3. A petition requesting rehearing on an application or permission to file another application for property previously denied a land-use permit shall be submitted to the Department of Planning Services for processing. The Department shall schedule a substantial change hearing before the Planning Commission or the Board of County Commissioners. Land-use applications originally heard by only the Board of County Commissioners shall be scheduled before the Board only. The Planning Commission shall consider the rehearing petition only if it considered the original land-use application. It shall review the petition and any supporting information. The Planning Commission shall consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have 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. The Planning Commission shall make a written recommendation of its findings to the Board of County Commissioners. 4. Legal notice of a substantial change hearing shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the Planning Commission hearing. 5. Notice of the substantial change hearing and the public hearing date shall be provided to owners of property located within five hundred (500) feet of the parcel under consideration and owners and lessees of the mineral estate on or under the parcel under consideration. The notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. Similar notice shall also be provided any agency, body, or group who received a referral request from the Department of Planning services on the original application. 6. The Board of County Commissioners shall hold a substantial change hearing after the legal notice and notices to property owner, mineral owners and lessees, and referral agencies identified in 4 and 5 have been completed. The legal notice and notification shall be done at least ten (10) days prior to the Board's hearing. 6 9301 • 7. The Board of County Commissioners may grant such a petition when it determines that the applicant has demonstrated that a substantial change in the facts or circumstances have 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. 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 have 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. The Board shall consider the applicant's rehearing petition, the Planning Commission's recommendation, oral testimony at the public hearings, written related information, and any other relevant material in making its decision. 8. When the Board of County Commissioners grants a rehearing petition, the applicant may file a new application with the Department of Planning Services. The application shall be processed in accordance with the requirements of the Weld County Zoning Ordinance or Weld County Subdivision Regulations. 9. No petition for rehearing may be granted where the decision of the Board of County Commissioners on a land-use application has been appealed or contested in any court of law, during the pendency of the court action. 7 930'"71 DEPARTMENT OF PLANNING SERVICES 1111De PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO March 10, 1993 CASE NUMBER: SCH-9 TO WHOM IT MAY CONCERN: Enclosed is an application from Richard Schlagel for a Substantial Change Hearing. The parcel of land is described as the SE4 of Section 18, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Highway 392, west of Weld County Road 27. 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 March 24, 1993, so that we may give full consideration to your recommendation. Please call Lanell J. Adler, 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. 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: Agency: Date: 920771 SURROUNDING PROPERTY OWNtRS Richard Schlagel SCH-9 Robert J. , Louise K. , and Joyce J. Walker 33530 Weld County Road 25 Greeley, CO 80631 North Weld County Water District Box 40 Windsor, CO 80550 Ernest W. , Stella M. , Phillip C. and Barbara J. Tigges Route 2, Box 284 Greeley, CO 80631 Ted L. and Leona Myers 2710 26th Street Road Greeley, CO 80631 Gene R. and Sandra L. Ulm 12435 Highway 392 Greeley, CO 80631 John and Marilyn J. Orth 1410 prairie Vista Drive Bettendorf, IA 52772-1830 Kevin R. and Debra M. King 33430 Weld County Road 25 Greeley, CO 80631 Evelyn S. Carlson, et al. 1137 25th Avenue Greeley, CO 80631 David L. and Patricia A. Veretto 33284 Weld County Road 27 Greeley, CO 80631 Henry` Schaefer and Nancy C. Hammers 1001 43rd Avenue, #1A Greeley, CO 80634-3200 Donald and Marie Winder, Trustees 12002 Highway 392 Greeley, CO 80631 Ernest W. and Stella Mae Tigges 32799 Weld County Road 27 Greeley, CO 80631 Grant Lee Morris and Linda Coulthard 32550 Weld County Road 27 Greeley, CO 80631 9a© 1 Hello