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Home My WebLink About931103.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING 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 - 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 #1026) 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 #1026) 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 931103 SPECIAL REVIEW PERMIT - ENOS (USR #1026) 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. I// IBPOARD OF COUNTY COMMISSIONERS / j ATTEST: �� " I/1/a/ iM WEL/COUNTY, COLORADO Weld County Clerk to the Board Constance L Ha bert, Chairman BY: /1/2--t Deputy Clerk to the Board W. H { ebster, P o-Tem APPROVED AS TO FORM: C_ Le. eLo/r at r/ ... County Attorney —ale K. Hall EXCUSED Barbara J. Kirkmeyer 931103 HEARING CERTIFICATION DOCKET NO. 93-76 RE: 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 - 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 #1026) 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 #93-77 is also an application from 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. 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 931103 RE: HEARING CERTIFICATION - ENOS (USR #1026) 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: / / I / ATTEST: /' BOARD OF COUNTY COMMISSIONERS ii✓w' 'LW WELD/ COUNTY, COLORADO Weld County Clerk to he Board // By: , /�i( Constance L. Harbert, Ch irman Deputy Cler to the Boa d ! ebs r, Pro- em TAPE #93-37 and #93-38 (f rge Baxter DOCKET #93-76 1 Dale K. Hall PL0904 EXCUSED Barbara J. Kirkmeyer 931103 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 27th DAY OF October 1993: DOCKET It 93-76 - Special Review Permit, Howard and Jeannine Enos DOCKET # 93-77 - Special Review Permit, Howard and Jeannine Enos DOCKET # 93-78 - Amended Special Review Permit, Laidlaw Waste Systems DOCKET It PLEASE write or print your name legibly, your address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 4'Svr M.da al )4,,o //yo / / ,7.i5 aN 93-76, 93.7f' P.:4,4 ) � J ,,,70,. 1�;l�a pl i� o14%d_en,L.n-e- � • �2,. j won 93- 74;93-77 %�/�� z1 1 S 7. l�cu0z{ i /1 %/id /A4 cJGw Car £ ro Ei,E , _mozao Q4 er a �j•W�^ 223 S bp/ Cottle Ameori/ CJ Li 931.?1'y 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: 93-76 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'y of Section 8, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado tai LOCATION: Approximately 8, 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 931Agri kg IMF ' DOCRETNO: ass' Pursuant to the zoning laws of tM APP L IC A µ T: AFFIDAVIT OF PUBLICATION State of Coloreds Reward as and the WaldLeaman*, Enos, STATE OF COLORADO QwlinaCounty nce, a p Rlohraos Oh'eis 11"4. Fort Co j, ss hearing will be hold Liolorano 80528 COUNTY OF WELD In the Chambers:.of the Board of Cons DATE: 0°--lobar 1f7, I, EEITH HANSEN, of said County of Weld, being duly Commissioners of 1189 sworn, say that I am publisher of Meld - County, TMNE:10..00tm. Colorado, WINDSOR BEACON County Centennial Cooper, 915 10th REQUEST:A ate a weekly newspaper having a general circulation in said Street, First Fleet, Ds! P e as f I c County and State, published in the town of WINDSOR, Greeley, Colorado, velopmsnt Ptah. at the time specified. tad Special Red* in said County and State; and that the notice, of which MI persons in any Permit for a was the annexed is a true copy, has been published in said - weekly for / successive weeks, that the notice manner Interestwka rastg)f*leg Ma• the Site Speoppo under the was published in the regular and entire issue of every number of the paper during the period and time of Development plan "run' lot eta $ and Special Review Os A (Agrhadtya) publication, and in the newspaper proper and not in a Permit are 71sas District supplement, and that the first publication of said notice and requestedm to attend .�. E was in said paper bearing the date of the y be heard. DESCRIPTION:PTA I / �q. � � should the aPPBsarlt Part of the TIONf: �+ day of f �Cl d-icv�r , A.D., 19 93 and or any Interea id a,on 8, 11381"jp the last publication bearing the date of the Parry drake she T North, Ra presence of new Mhstoftlei day of A.D., 19_ and reporter to makes w.hf Ceuhty, that the said WTQDSOR BEACON has been published record 07 aro 4krado continuously and uninterruptedly preosedln " �' in Pte Y for the period of 5 consecutive weeks,in said County and State, prior to the Salon b NO j L O C A T I O N : date of first publication of said notice, and the same is a fl d Anroximatelya S aA IM wrae north -.la1 newspaper within the meaning rf an Act to regulate l e during Me. ►�ygor o printing of legal notices an advertisements, approved Mr 6Oer*e Cleat* au* of May 18, 1931, and all prior cts ar as in force. shell be advlseles unsaySeta d Bpd / / MOM of such wtt Arad 1T �t ae ae toast five days G ltisrto the�heaeMp WARD The cost ' P BLISHER •octet of elni C Q U �/ d r day N" Subscribeeand sworn to before me this bo borne by the of /� �e� n 19 /� _ tagYsstlrg party.. COLORADO SW cX, 1/7�G�r�„,.n Efr IT ALSO NOTARY PUBLIC, . ithatites BY: DONALD ID. "' by Wit COUNTY ead maps 74, WARDEN, WE. My commission expires €y 2, /e996 Cony Planafi* TO THE BOARD Caiautssion may its mated in 11y EY: Linda M. mks of the Clerhw the guard of GamyBoardduty Oak Coatarissionere, Waled in Comfy Cethe ered&WS i"Bia O CeMN, 915 14$, Deter 4aslsy, 49.40, ThiCobrai 9311.111 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-76, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this Jjyj day of Si,({ -at-tJ 1993. Deputy Clerk to the Boar 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 9214 7 Hello