HomeMy WebLinkAbout950146.tiffRESOLUTION
RE: APPROVE VARIANCE FROM THE WELD COUNTY SUBDIVISION ORDINANCE -
JERKE
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 28th day of
December, 1994, at the hour of 90:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of William H. and Charles W. Jerke, 23003 Weld County Road 39, LaSalle,
Colorado 80645, for a Variance from Section 14.1 of the Weld County Subdivision Ordinance in
the E (Estate) Zone District on the following described real estate, to -wit:
Part of the SE 1/4 NE 1/4 of Section 32, Township 5
North, Range 65, West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on December 28, 1994, the Board deemed it advisable to
continue said matter to February 6, 1995, to allow completion of the Central Weld County Water
District water availability study and to determine how to provide fire protection service, in order to
satisfy conditions of the applicants' Site Specific Development Plan and Minor Subdivision Final
Plat application, and
WHEREAS, at said hearing on February 6, 1995, at 1:30 p.m., William Jerke and Charles
Jerke, applicants, were present, 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
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:
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VARIANCE FROM SUBDIVISION ORDINANCE - JERKE
PAGE 2
1. The applicants have clearly demonstrated that safety concerns, traffic flow, and
topography, if only one access was allowed, would make literal enforcement of
Section 4.5.16.11 of the Weld County Subdivision Ordinance impracticable or would
exact undue hardship.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of William H. and Charles W. Jerke for a Variance from the
requirements of Section 4.5.16.11 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 6th day of February, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
Lin
BY' tleti 6z4`� —
Deputy Clerk to the Board
APPROVED AS TO FORM:
ounty Attorne
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO,.ORApO
Dale K. Hall, Chairman
FXCl1SFr) IlATF OF SIr;NINr;
Barba J. Kirkmeye, Pro-Tem
eorge'E. Baxter
Constance L. Harbert
W. H. Wester
(AYF)
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