HomeMy WebLinkAbout941054 RESOLUTION
RE: APPROVE VARIANCE FROM WELD COUNTY SUBDIVISION ORDINANCE - 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 request of William E. and Marcia L. Franz, 39718 Weld County Road 33, Ault, Colorado 80610,
for a variance from the terms and conditions of Section 4.5.16.12 of the Weld County Subdivision
Ordinance 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 Board of County Commissioners heard testimony from and reviewed
evidence submitted by Ms. Johnson, Mr. McRae, and one of the applicants, William E. Franz, and
WHEREAS, Section 14.1 of the Weld County Subdivision Ordinance provides for variances
from the rules, regulations, and standards established by the Ordinance, as long as the variance
is reasonable and within the general purpose and intent of said rules, regulations, and standards,
and
WHEREAS, in order to obtain such a variance, the subdivider must clearly demonstrate that
physical conditions pertaining to the parcel make literal enforcement of one or more of the
provisions of the Weld County Subdivision Ordinance impracticable or will exact undue hardship,
and
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941054
RE: VARIANCE FROM SUBDIVISION ORDINANCE - FRANZ
PAGE 2
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request for a variance shall be approved for the following
reasons:
1. The applicants have clearly demonstrated that the physical conditions pertaining to
the parcel, namely the existing house, trees, foliage, and well, will make literal
enforcement of Section 4.5.16.12 of the Weld County Subdivision Ordinance
impracticable or will exact undue hardship.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of William E. and Marcia L. Franz for a variance from the
requirements of Section 4.5.16.12 of the Weld County Subdivision Ordinance on the hereinabove
described parcel of land be, and hereby is, approved.
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /� // // WELD COUNTY, COLORADO
Weld County Clerk to the Board �(/� /11 -67 0trA
02,R AYE)
W. H. Webster, Ch irman
BY: / ✓ (AYE)
i
Deputy Clerk to the Boar Dale K. Hall, Pro-Tern
APPROVED AS TO FORM: i� .r 74A (AYE)
George Baxter
EXCUSED DATE OF SIGNING (AYE)
—County Attorney Con tance L. Harbert
Barbara J. Kirkmeyer
941054
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