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RESOLUTION
RE: ACTION OF BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
MINOR SUBDIVISION FINAL PLAT - FRANZ
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 26th day of
October, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of William E. and Marcia L. Franz, 39718 Weld County Road 33, Ault, Colorado
80610, for a Site Specific Development Plan and Minor Subdivision Final Plat on the following
described real estate, to-wit:
Part of the NW 1/4 of Section 14, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Jackie Johnson, Attorney, and Gerry McRae, Engineer, represented said
applicants, and
WHEREAS, the applicants have applied for and the Board of County Commissioners have
granted a variance from the requirements of Section 4.5.16.12 of the Weld County Subdivision
Ordinance, and
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present and finds that this request shall be continued to allow the applicants and staff time
to finalize the plat and language for the Conditions of Approval, and
WHEREAS, the Board deems it advisable to conditionally approve Plan C, one of the plans
marked as the Planning Commission's Exhibit 23, and to direct the applicants to incorporate said
plan into the final plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of William E. and Marcia L. Franz for a Site Specific
Development Plan and Minor Subdivision Final Plat on the hereinabove described parcel of land
be, and hereby is, continued to November 7, 1994, at 1:30 p.m.
PL0947
941055
ed : /kJ A wziJtt/IVfli/jMc, 2c ) A2L-E
MINOR SUBDIVISION FINAL PLAT - FRANZ
PAGE 2
BE IT FURTHER RESOLVED by the Board that said applicants and staff be, and hereby
are, directed to finalize the final plat by incorporating the conditionally approved Plan C and to
finalize the language for the Conditions of Approval.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of October, A.D., 1994.
e �
Ij / BOARD OF COUNTY COMMISSIONERS
ATTEST: �,! / j � WELD COUNTY, COLORADO
Weld County Clerk to the Board Ps J /yj} ,/)2 A
W. H. Webster, Chairm n
BY: 17-/ PLC G�
l Deputy Clerk to the Bow_ Dale K. Hall, Pro-T m
APPROVED AS TO FORM:
— Georg . Baxter
,( EXCUSED DATE OF SIGNING (AYE)
County Attorney Constance L. Harbert
% ;•A a • /
Barbara J. Kirkme er
941055
HEARING CERTIFICATION
DOCKET NO. 94-74
RE: SITE SPECIFIC DEVELOPMENT PLAN, MINOR SUBDIVISION FINAL PLAT,AND
A VARIANCE FROM THE WELD COUNTY SUBDIVISION ORDINANCE-WILLIAM
E. AND MARCIA L. FRANZ
A public hearing was conducted on October 26, 1994, at 10:00 a.m., with the following
present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tern
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
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 October 5, 1994, and duly published October
13, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request
of William E. and Marcia L. Franz for a Site Specific Development Plan, Minor Subdivision
Final Plat, and a variance from the Weld County Subdivision Ordinance. Bruce Barker,
County Attorney, made this a matter of record. Gloria Dunn, Planning Department
representative, entered the unfavorable recommendation of the Planning Commission and
a written statement prepared by Jackie Johnson, applicants' attorney, into the record. She
noted concern about the number of proposed accesses, of which three out of five are
agricultural. Ms. Dunn indicated Don Carroll, Public Works Department, proposed a
workable plan for an internal road system and noted Plans B and C, submitted by the
applicants, also reduce the number of accesses. She stated out of eight minor
subdivisions, all but this one were designed with an internal road system. At the request
of the Board, Ms. Dunn clarified staffs concerns with Plans A, B, and C, which included
safety and no internal road system for all lots to access. She stated Outlot A contains a
well, Outlot B is for storage, and Outlot C will be retained by Mr. Franz. Mr. Barker referred
to the second sentence of Section 14.1 concerning the variance and explained the Board
must find the physical conditions cause an impracticability or exact an undue hardship to
approve said variance. He requested the Board make two separate motions, with the
variance to be considered first. In response to further questions from the Board, Ms. Dunn
clarified the internal road system proposed by Mr. Carroll is attached to the Planning
Commission's recommendation and reiterated Plans A, B, and C were presented by the
applicant as alternate plans at the Planning Commission's direction. She noted the
applicants rejected Mr. Carroll's alternate proposal and confirmed the Planning Commission
reviewed all four alternatives. Ms. Johnson reviewed the history of the applications,
941054
941055
RE: HEARING CERTIFICATION - FRANZ
PAGE 2
including a Change of Zone which was approved in December 1993, and indicated the
applicants have made every effort to comply with the Subdivision Regulations. She stated
the Town of Ault and the neighbors are supporting the proposal and the variance procedure
is compatible with the Comprehensive Plan since there is an impracticability and an undue
hardship meeting the Subdivision Ordinance regulations. Ms. Johnson submitted
photographs of the area, Exhibits I and J (mistakenly referred to and marked as Exhibits
A and B), and noted the existing structures, trees, and improvements on Lot 3. She
clarified the Subdivision Regulations do not make a distinction between agricultural and
residential accesses, and there are four existing accesses. She noted Mr. Franz included
his own established lot in the subdivision's conceptual plan presented at the Change of
Zone stage; however, difficulties have since appeared with the number of accesses and the
lack of an internal road system. Ms. Johnson also noted the applicants were initially
requesting five accesses, which would have created only one new access, and she clarified
the internal road system makes no sense with the ditch running across the property and no
available access onto Highway 14. She stated, therefore, the request fits within the
hardship variance parameters. Ms. Johnson reviewed the positive aspects of the proposal
including its conformance with the Comprehensive Plan and the fact that the area is
identified in the Town of Ault's Comprehensive Plan. She also noted the covenants will
require the types of homes desired by the Town of Ault, utilities are readily available,
easements are ready to be installed, and well water is available for irrigation. Ms. Johnson
reiterated the variance was designed for the impracticability and undue hardship exacted
by the requirement for the internal road system. She explained alternatives to the internal
road system and the difficulties created by Mr. Carroll's proposal. Ms. Johnson then
referred to a letter from Drew Scheltinga, Public Works Department, previously on file
marked as Planning Commission's Exhibit 24. She referred to certain statements in said
letter and indicated the applicants are willing to give up the access to Outlot A containing
the well. She noted the proposal recommended by Mr. Scheltinga, Plan A, is most
compatible to the applicants' needs. Ms. Johnson also noted there were only six Planning
Commission members present both times the proposal was heard and clarified one
member did vote in favor of the proposal at the second hearing in accordance with Mr.
Scheltinga's letter stating an internal road system would be impracticable and since the
number of accesses had been reduced. William Franz, applicant, presented his personal
concept of the subdivision and reiterated it would be impracticable to locate a road in front
of his home since the existing porch is only 24 feet from the road and the trees are about
4 feet in diameter. He also reiterated Weld County Road 33 has to be used to service the
property and reviewed the concept of one access per two lots. He noted two accesses to
Lot 3 have existed since 1915 and located the 20-foot utility easement and the trunk line
for the irrigation well. Mr. Franz stated Paul Wilson and Bob Rangel, surrounding property
owners, each own 10 percent of the well and he owns the other 80 percent. He reiterated
the need for a variance to accommodate the accesses and noted Mr. Carroll's first plan was
impracticable and unsafe; however, he would gladly accept the other alternatives. In
response to questions from the Board, Mr. Franz confirmed other ways to access the well
and his willingness to accept Plan A, with no access to the well and no north access to his
house, leaving four total accesses. Further discussion ensued concerning the alternative
access plans, and Commissioner Kirkmeyer clarified the letter from Mr. Scheltinga is his
opinion only, not approval, and she questioned what physical limitations exist to prevent Mr.
941054
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RE: HEARING CERTIFICATION - FRANZ
PAGE 3
Carroll's proposal. Mr. Franz explained the road would be only 20 feet from his house and
his driveway would be used as a common access, car lights would shine in the windows of
his home, and turn radius would be inadequate for emergency vehicles. He reiterated
gates, trees, a satellite dish, etc., would have to be moved and Mr. Scheltinga's concept
would be more acceptable. Ms. Dunn noted, after meeting with the applicants, Mr. Carroll
did not support Mr. Scheltinga's proposal but still supported an internal system, and Mr.
Carroll has worked more closely with the case. Commissioner Kirkmeyer again clarified the
Engineering staff only makes recommendations. Discussion ensued concerning the
interpretation of"physical conditions", and Mr. Barker clarified anything existing at the time
the subdivision is created, such as wetlands, slope, houses, foliage, etc., are physical
conditions, including the angles of the internal roads to provide for safety. The Board
discussed various physical conditions, and Commissioner Harbert explained reasons for
favoring Plan C and stated enough physical conditions exist on Lot 3 to not allow Lots 1 and
2 to access. Mr. Barker reminded the Board to look at impracticability as well, and Ms.
Dunn noted the physical limitations of the parcel as it exists should be considered.
Commissioner Baxter stated since there is an existing house right in the middle of the
subdivision, only one internal road system does not seem feasible. Gerry McRae, engineer
representing the applicants, reviewed the physical constraints, including the long shape and
shallow depth of the property, the 100-year floodplain, the water table, wells, and the
location of the seep ditch. He reiterated the frontage road would be a poor traffic
consideration and would interfere with normal irrigation. Various alternatives were again
discussed, and Mr. McRae confirmed Plan C would be acceptable; however, Plan A was
recommended by Engineering. Commissioner Kirkmeyer questioned whether the
applicants were aware of the requirement of an internal road circulation system. Mr.
McRae stated they may not have been aware of problems at the first stage; however, as
they proceeded they became aware of reasonable constraints for a variance. No public
testimony was offered concerning this matter. Commissioner Harbert moved to approve
the request of William E. and Marcia L. Franz for a variance from the Weld County
Subdivision Ordinance, stating the existing house, trees, foliage, and well exact an undue
hardship, and to approve Plan C eliminating the access to Outlot A. Mr. Barker clarified the
motion should include only the variance, and Commissioner Harbert so amended her
motion. Commissioner Baxter seconded the motion as amended and agreed with the
reasons as detailed. Commissioner Hall indicated he believes the road problem could have
been apparent at the rezoning stage and stated the lights should be expected since the
area will no longer be agricultural. He agreed inconveniences exist but questioned the
existence of a definite hardship; however, he believes there is some room for a variance
and, since the Change of Zone was approved, he would reluctantly vote for the motion.
Commissioner Kirkmeyer stated she would vote against the motion because the applicants
have not clearly demonstrated that physical conditions, excluding existing improvements
to the parcel, make enforcement impracticable or exact undue hardship. The motion
carried four to one, with Commissioner Kirkmeyer voting nay. In response to a question
from Commissioner Kirkmeyer, Mr. Barker indicated a subdivision improvements agreement
has not been submitted to date; however, there is no internal road system. He suggested
water and drainage issues may need to be addressed. Ms. Dunn stated, pursuant to
conversations with Lee Morrison, Assistant County Attorney, and Mr. Carroll, an agreement
is not necessary and drainage will be addressed with the building permits. After further
941054
941055
RE: HEARING CERTIFICATION - FRANZ
PAGE 4
discussion, Ms. Johnson stated there will be a home owners association agreement, which
will include the well for irrigation purposes. Mr. Barker stated the accesses will be shown
on the plat and the agreement concerning water could be required as a Condition of
Approval to be met prior to recording the final plat. Ms. Johnson indicated she prefers the
agreement be attached to the building permits. Commissioner Harbert suggested a well
agreement be in place prior to issuance of any building permits. Mr. Franz stated the entity
which will own the water will be referred to as the West Ault Water Users Association. He
noted Mr. Wilson has improved the well system and can install timers. He also stated a
contract is in place with R & R Pump to install a new 45-horse-power pump in November
1994, with each lot to get one-sixth of his 80 percent of the water. Mr. Franz stated 7700
foot of pipe presently in place. Ms. Dunn presented the Board with staffs recommendation
dated September 8, 1994, including Conditions of Approval, which was marked as Exhibit
K for the record. Commissioner Hall suggested all matters be finalized prior to recording
the plat, and Mr. Barker suggested finalization prior to the sale of any lots as required by
Condition of Approval #2 in staffs recommendation. In response to a question from
Chairman Webster, Mr. Franz indicated there are no problems with the adjacent feedlot and
confirmed an awareness statement will be presented to all prospective buyers. In response
to further questions from the Board, Mr. Franz stated there is no irrigation ditch or road; the
Larson/Molander Seep Ditch is just tailwater from the surrounding farms and he owns to
the center of the ditch. He noted no one has filed on the water rights. Commissioner
Harbert suggested the covenants note the flow of the ditch cannot be dammed or the
direction of the flow changed. Mr. Barker suggested that requirement also be included as
a note on the plat before Condition of Approval #2. Commissioner Kirkmeyer referred to
the fifth, sixth, and ninth items under Condition of Approval #1 concerning an access
easement to the well, the access from Road 33 to Lot 6, and the completion by each lot
owner of a Public Works Department access information sheet, respectively. Ms. Dunn and
Mr. Barker suggested the applicant provide said access information sheet for each
approved access. Mr. Barker also suggested the applicant provide the final plat with Plan C
incorporated. Mr. McRae noted the plat could be revised and reviewed before it is filed.
Mr. Barker stated he preferred to have the final plat and language revised prior to the
Board's final approval; therefore, he suggested the Board continue said matter and direct
the applicants and staff to finalize the plat, incorporating Plan C, and to finalize the
language for the Conditions of Approval. Commissioner Kirkmeyer noted Plan C should
include the elimination of the access to Outlot A. Mr. Barker clarified certain notes on the
plat and the ninth item under Condition of Approval #1 must be changed, and the
requirement concerning the seep ditch and well owners agreement must be added.
Commissioner Harbert moved to continue the request of William E. and Marcia L. Franz for
a Site Specific Development Plan and Minor Subdivision Final Plat to November 7, 1994,
at 1:30 p.m., with Plan C as amended being conditionally approved and to be included in
the final plat. The motion was seconded by Commissioner Baxter, and it carried
unanimously.
941054
941055
RE: HEARING CERTIFICATION - FRANZ
PAGE 5
This Certification was approved on the 31st day of October, 1994.
APPROVED:
ATTEST: � BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
j
Weld County Clerk to the Board / a U zIr4 - _i
•
By:�jy.,41C W. H. Webster, Chairman
Deputy Clerk to the Boa
Dale Hall, Pro-Tem
TAPE #94-41 CA
George . Baxter
DOCKET #94-74
EXCUSED DATE OF APPROVAL
Constance L. Harbert /
PL0947 A.ai1
4zIL
Barbara J. Kic%
941054
941055
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 26th DAY OF October 1994:
DOCKET 0 94-73 - USR #1056, William and Laura Schmoll
DOCKET 0 94=74 - S #361 & Variance from Subdivision Ordinance, William and Marcia Franz
DOCKET 0
DOCKET 11
PLEASE write or print your name legibly, your address and the DOCKET 1l (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
/f2 ))J / /S�G hl -, 1- [> w A s��t ,a�� �r
ADja> . 1.-i, 3778U)CiS33 + \ (a
/flits„ t a ; 3 97/5 tf/C w 3_3 (La/ Cd
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ct � . 5- 7yw 3 At 9y - �y ,
51 s 7I/ vie L .33 CAL, 9L71 - 7q - U
941106
NOTICE
Pursuant to the laws of the State of Colorado and the Weld County Subdivision
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 Minor Subdivision Final Plat 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 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: 94-74 APPLICANT
William E. and Marcia L. Franz
39718 Weld County Road 33
Ault, Colorado 80610
DATE: October 26, 1994
TIME: 10:00 a.m.
REQUEST: Site Specific Development Plan, Minor Subdivision Final Plat, and a
variance from the Weld County Subdivision Ordinance
LEGAL DESCRIPTION: Part of the NWt of Section 14, Township 7 North, Range
66 West of the 6th P.M. , Weld County, Colorado
LOCATION: South of and adjacent to State Highway 14, east of and adjacent to
Weld County Road 33
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, 1994
PUBLISHED: October 13, 1994, in the Windsor Beacon ,
L- , 9411%
NO TI jf
Pursuant to the Inn of the
State of Colorado and the
Weld County Subdivision.
Ordinance, a public hearing' AFFIDAVIT OF PUBLICATION
will be held in the Chambers of
the Board of County
Commissioners of Weld STATE OF COLORADO
County, Colorado, Weld
County Centennial Center,915 a SS
10th Street, First Floor, COUNTY OF WELD
Greeley,Colorado,at the time
specified. All persons in any •
manner interested in the Minor I, ROGER A. LIPKER, of said County of Weld, being duly
Subdivision Final Plat are
requested to attend and may sworn,say that I am publisher of
be heard.
Should the applicant or any WINDSOR BEACON
interested party desire the
presence of a court reporter to
make areces d the proceed- a weekly newspaper having a general circulation in said
ings,in SW to the taped County and State, published in the town of WINDSOR, in
record wdti SI be kept dur-
ing w heetog,:ne Clerk to said County and State; and that the notice, of which the
the Board shell be Seised in annexed is a true copy, has been published in said weekly
wits of such.son at least for / successive weeks, that the notice was
five debe plot to Me herbs. published in the regular and entire issue of every number of
The coat of engaging a ater the paper during the period and time of publication, and it
reporter dull be bogie by es the newspaper proper and not in a.supplement, and that
requesting party. .
the first publication of said notice was in said paper bearing
BE rrALSO KNOWN that the the date of the - �f� /
text and maps so called by �?jit^ d of 0i
the Wald County Planning 8y Li-/LJ c , A.D., 19q and the
Commission may be examined last publ'leation bearing the date of the
to the
i Boar the office of the tl of ClerkClerkCoumy day of AD., 19_ and that
Board _
I Commissioners,located In the the said WINDSOR BEACON has been published
Weld County Centennial
Center,915 10th Street Third continuously and uninterruptedly for the period of 5
Floor Greeley.Colorado. consecutive seeks, in said County and State, prior to the
DOCKET NO:94-74 - date of first publication of said notice, and the same is a
APPLICANT William E. and newspaper within the meaning of an Act to regulate printing
Marcia L.Franz,39718 Weld of legal notices and advertisements, approved May 18,
County Road 33, a°°.DATE:Colorado 1931, and all prior acts so far as in force.
E::October 2
28,1994 (
TIME:10:00 a.m. ll'.
il REQUEST: Site Specific gt
R
Development Plan, Minor
Subdivision Final Plat,and a Sub cribpd and sworn to before me thi ?ill day of
variance from the Weld County
Subdivision Ordinance irt 19_,
LEGAL DESCRIPTION: Part
of the NW1/4 of Section 14, &AA 041 (2 nCric-f""`a
Toymehip 7 North, Range 66
West6th ki NOTARY PUBLIC
West of the P.M., Web
County,Colorado
LOCATION:South of andadia-I My commission expires y i-e .Zy /%96
cent to State Highway 14,east (/
of and adjacent to Weld
County Road 33
BOARD OF COUNTY COM-
MISSIONERS •
WELD COUNTY,COLORADO,
BY:DONALD D.WARDEN
WELD COUNTY CLERK TO
THE BOARD •
BY:SHELLY K.MILLER
DEPUTY CLERK TO THE
BOARD
DATED:October 5,1994
•
Fuellllred In the Windsor
Bascae,on OYQber 13,1994. • '
941196
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #94-74, was placed in the United States mail, first
class mail, postage prepaid, addressed to the following property owners.
DATED this /O-7117 day of 1�J . 1994.
WILLIAM E. AND MARCIA L. FRANZ
39718 WELD COUNTY ROAD 33
AULT, CO 80610
JACQUELINE JOHNSON
822 7TH STREET
GREELEY, CO 80631
ROBERT N. , JR. , AND CARMEN 0. RANGEL
P.O. BOX 126
AULT, CO 80610-0126
PAUL B. AND JULIANNE M. WILSON
39574 WELD COUNTY ROAD 33
AULT, CO 80610
JAMES HERALD AND MARIAN ANITA KILLEN
1006 NORTH 3RD STREET
MILE CITY, MT 59301
JAMES HERALD AND MARIAN ANITA KILLEN
39600 WELD COUNTY ROAD 33
AULT, CO 80610
DAVID 0. AND PRISCILLA A. FAULKNER
39620 WELD COUNTY ROAD 33
AULT, CO 80610
CITY OF THORNTON
9500 CIVIC CENTER DRIVE
THORNTON, CO 80229
PETER AND AMALIA SCHMIDT
ROUTE 1, BOX 7
AULT, CO 80610
LILLIAN HAGGER
PERSONAL REPRESENTATIVE
635 CHEYENNE AVENUE
EATON, CO 80615
C, Ce(2 ,e �ee�z '
Deputy erk to the Board
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