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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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690022.tiff
// ry' '/63 FINDINGS AND RESOLUTION CONCERNING CHANGE OF ZONE PETITION OF I. C. ARWOOD The petition of I. C. Arwood, 1213 Francis Street, #6, Longmont, Colorado, requesting a change of zone from "A" Agricultural District to "M -H" Mobile Home District of a tract of land located in the South- west cuarter (SW') of Section Eight (8), Township Two (2) North, Range Sixty-seven (67) West of the 6th Principal Meridian, Weld County, Colo- rado, more particularly described as follows: A part of the SW+ of Section 8, Township 2 North, Range 67 West of the 6th P. M. , Weld County, Colo- rado, more particularly described as follows: Be- ginning at the Northwest corner of the SW+++ of said Section 8, thence S 1°15' W 1320.0 along the West line of Section 8, thence S 89°34' E 2715. 80 feet more or less to the East line of said SW+i thence N 00°52' E 1320.0 feet along the East line of said SW4 to the center of Section 8, thence N 89°34' W along the North line of said SW++- a distance of 2707.0 feet more or less to the point of beginning, containing 83.5 acres, more or less, for a proposed mobile home subdivision came on for hearing on Monday, May 12, 1969, and the Board of County Commissioners of the County of Weld having heard the testimony and evidence adduced upon said hearing, and having considered the testimony, evidence and recommendations of the Weld County Planning Commission filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicant failed to sustain the burden of proof as to the need for a change of zone or that the present zone is erroneous or that circumstances warrant a change of zone at this time. 2. The evidence discloses that the present zoning is complimentary to the surrounding area; and that subject property is a portion of the pre- sent Enchanted Hills subdivision which was never developed and there is no assurance at this time that a mobile home subdivision will ever be de- veloped on this tract. 3. The evidence discloses that there is no assurance of a continuous and adequate supply of potable water for said mobile home subdivision. 4. That each of the preceding findings in and of themselves and in- dependent of each other constitutes a separate and individual ground for denial of the change of zone. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld has heard the application of I. C. Arwood, 1213 Francis Street, #6, Longmont, Colorado, for a change of zone from "A" Agricultural District to "M -H" Mobile Home District, of a tract of land for a proposed mobile home subdivision, said area being more particularly described as 690022 follows: A part of the SW4 of Section 8, Township 2 North, Range 67 West of the 6th P. M. , Weld County, Colo- rado, more particularly described as follows: Be- ginning at the Northwest corner of the SW± of said Section 8, thence S 1015' W 1320.0 along the West line of Section 8, thence S 89°34' E 2715.80 feet more or less to the East line of said SW4-, thence N 00°52' E 1320.0 feet along the East line of said SW4 to the center of Section 8, thence N 89°34' W along the North line of said SW+ a distance of 2707. 0 feet more or less to the point of beginning, contain- ing 83.5 acres, more or less, and WHEREAS, said Board has made its findings on the evidence and testimony submitted to it, which findings precede this Resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, the said Board has carefully considered the petition, evidence and testimony and the recommendations of the Weld County Planning Commission, and given the same such weight as it in its dis- cretion deems proper, and is now fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED, that the petition of I. C. Arwood, 1213 Francis Street, #6, Longmont, Colorado, requesting a change of zone from "A" Agricultural District to "M -H" Mobile Home District to locate a mobile home subdivision on the land indicated above be, and it hereby is denied upon each of the grounds set forth in the Board's findings therein. Made and entered this 21st day of May, 1969. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: antt,„..teren44, Clerk of the Board APPROVED AS TO FORM: Cou444, nty Attorn // (z-1 C7 /k7 L <C'-(., It I -2-, /' /g May 12, 1969 I hereby certify that pursuant to a notice dated April 3, 1969, duly published April 4 and May 2, 1969, a public hearing was had on the request for a Change of Zone as requested by I. C. Arwood, at the time and place specified in said notice. The decision on the evidence presented was taken under advisement. ATTEST: WZ.a^✓-2 COUNTY CLEAND RECORDER AND CLERK TO THE BOARD CHAIRMAN BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed change of zone are requested to attend and may be heard. DOCKET NO. 9 DATED: May 12, 1969 TIME: 2:00 P. M. I. C. Arwood 1213 Francis Street #6 Longmont, Colorado REQUEST; Change of Zone from "A" Agricultural District to "MH" Mobile Home District A part of the S'W} of Section 8, Township 2 North, Range 67 West of the 6th P. M., Weld County, Colorado, more particularly described as follows: Beginning at the Northwest corner of the SWj of said Section 8, thence S 1° 15tW 1320.0 along the West line of Section 8, thence S 89° 34tE 2715.80 feet more or less to the East line of said SW', thence N 00° 52'E 1320.0 feet along the East line of said SW4 to the center of Section 8, thence N 89° 34* W along the North line of said Silt a distance of 2707.0 feet more or less to the point of beginning, containing 83.5 acres m/1 DATED: APRIL 3, 1969 Published April 4 and May 2, 1969 Greeley Booster THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD r i BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. 2-127 Date 3/7/69 APPLICATION OF I. C. Arwood Address 1213 Francis st., #6, Longmont, Colo. 80501 Moved by Philip Bowles that the following resolution be introduced for pas- sage by the Weld County Planning Commissions Be it Resolved by the Weld County Planning Commission that the appplication *V," for rezoning from ." ( .Agriculture District to NH ( Mo'bile Homes District) of of covering the following described property in Weld County, Coloraoo, to -wit: The North -half (Ni) o The Southwest Quarter (SW4) of Section Eight (8), Township Two (2) North, Range Sixty-seven (67) West of the 6th P. M., Weld County, Colorado See attached map be recommended (U511) (unfavorably) to the Board of County Commissioners for the following reasons: See attached sheet for reasons. Motion seconded by Henry Brunner Vote: For Passage: Philip Bowles Henz'yBrunner _...... Rosald, Heitman John Watson Against Passage: The Chairman declared the Resolution passed and cordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. PC -Z-005 CERTIFICATION OF COPY I, Dorothy' Hill , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on March..6,...1969., and recorded in Book No. II , Page No. , of the proceedings of said Planning Commission. Dated this ............7th day of March , 1969... fitv Recording Secretary, We4dCounty Planning Commission PC -Z-006 „ELONING nEQL ,T Date March 5, 1969 Name of Applicant: I.C. Arwood - Enchanted Hills Subdivision Location: SW 1/4 Sec. 8, T2N, R67W Rezone: from to Review of this application indicates the following comparison with typical reasons for rezoning: A MH Justification for Rezoning This Application original zoning was faulty changing conditions in the area property has unique characteristics will meet a county -wide need will benefit adjoining tracts will provide essential basic employment land cannot be used according to its present classification other areas already zoned are unsuitable No. The character of the area is still rural although a few mobile homes do exist north of this tract. plot to the extent that the use of the area warrants change. Aside from being subdivided, this property is similar to a great amount of land in Weld County. lo. There are existing parcels zoned for mobile home parks and subdivisions. l<lo. Mobile home development is limited and could affect ✓development ofadjacent property. No. This is a residential development. Other agricultural land in Weld County is being subdivided and sold for typical house construction or as investments. /No. Some existing areas are better suited for this type V of development. RECOMMENDATION: _ _ Approve Disapprove Table X subject to: because of: there is not enough justification -at this time for rezoning as outlined above. For: Trafton Bean & Associates 737 29th St., Boulder, Colorado 80302 phone: area 303, 442-6654 LOTS I rc I ` INC- EA/ c /JA •007-6•12 .y/LLS .c AREeaa De'O Se/Ma/ U/d/e Ai at rife 11,,erN a/65T9 J'IeTIOAJ 8 T.2 N •_ .e.L.7 Lai • 67R RM • W LLb Ceusat Y E'e a•OR moo NW Cog- s{UA rec-8 uS-sc- /V-8903 St" —_-- 0 C 0 0 67 _ —�i 6 01 0 030' I -- 330' -I — 330.0' II '79 AI to IN V O m I of 0 s 1 I 0 I O v P _31' P 330 pl i ,� ' T 0 8O liri82.39 l IAC2ES ptiI I �ry 33/"/ .w 330 I° AI 3 30 n 330 LI 3430 I , is b 2 70 2.0' /V•,une. sw4 IS:::c-e 0 0 0 O oaE oR.l 330 I to O HESS 580 0 0 CO ELM S TRACT I 93/'7 330 330 I 330 .330' �� of O o 0 31l0 ft) /o III I 0 I o f I 1 o I I 0f I 353 -T 0 330 N pld /Z I I I ,g vl i'''° Io /I 1 l i 1 // N b /S '`''It b II r Nt I 683.7 o 0 M o° M --- 685T i - I ------- n 330— ,. I 330— .. ! 9an — I I _ 17n —_ to' 580 O O 6 0 O N M • 60 go S' -89°34'E- 22/580 /0 All that portion of the South West 1/4 of Section 8, T.2 ., R.67 W. of the 6th. P.M., Weld County, Colorado,described as follows °ginning at the North West corner of the South West 1/4 of said Sec, 8, hence S.1° 5'W. 1320.0 along the West line of See.8, thence 8.89034°E. 2715.80 feet more or less to the East line of said South West 1/4, thence ;x.00052°E. 1320.0 feet along the East line of said South West 1/4 to the center of Sec'.8, thence N.89°34°Wo along the North line of said South West 1/4 a distance of 2707.0 feet more or less to the point of beginning CL,e 3 4 All bearings herein used from public survey as platedA74,; kCia-V- REZONING REQUEST No. Z— 1 2 7 C.AR WOOD DOCKET N0. A port of the SW I/4 Sec. 8 T.2 N. R.67 W. of the 6th. P. M. (! 83.5± From "A" to "MH" Zone Consisting of 167.0 4. Acres. Part of the Soutwest Quarter (SWz) of Section 8, Township 2 North, Range 67 West of the 6th P. M., Weld County, Colorado, more particularly des- cribed as follows: C,uaptor (S'' )-of said Section 3; thenco S 1° 15' :dent 2, 97.38 feet ale. tl Went line f ca -id Se tton 8 t the S athi:cot c rncr there f; thence N 39° 53' E 2,725.3L feet to tht C athcuot c rncr f the Coathuoct Qucrte_ (3W'i4of said SLR,Lien 8, tt.eL.ee N 00° `"2° E 2,671o50fe.t to the ee: s said section 8; thence N 89° ' ;,' ,f1 along the North line of tho Segthgcat r�.ia ter 4744e said Seati n 8 a 0" • to tho n int of beginning all linos herein deccribai erc the outraicie beundcry lino of the Southueot Quarter (SW) of acid .^,.coon 3 ca mu.::.:d by brags cap B. L. M monumertc, donerdent recurroy 1953, ell bearings from cnid r nary y; ntnining 147 a r c, m r r lacr Beginning at the North West corner of the South West 1/4 of said Section 8, thence S 1° 15' West 1320.0 along the West line of Section 8 thence South 89° 34' East 2715.80 feet more or less to the East line of said South West 1/4, thence North 00° 52' East 1320.0 feet along the East line of said South ':lest 1/4 to the center of Section 8, thence North 39° 34' West along the North line of said South West 1/4 a distance of 2707.00 feet more or less to the point of beginning, containing 33.5 acres m/l. All hearings herein used from public survey as platted. ti :.V:` a M.. J i h i V� il�i� ( i.i_ r.� i i 11:�i:� )IJRL E Y 1 V A:NY nert ora, L.onnecricl;t 06115 L:'rc&CASUALTY .• e ld County Board of Carinlissioners es ' County Greeley, Colorado Bond No. 1 O S ")/.. Date this Notice Mailed .":-- . J v • .0 L J i7 y; m - '. U i Amount of Bond $ Date of Bond' Name of Principal lot C., ;+-r':•ro, d -d �„ �'I,? Q. Address " ��m^n, C:61r, Description of Contract P H io'n According to our records, contract for which above bond was given should be completed about Kindly furnish particulars indicated below. ADDRESS YOUR REPLY ON THIS SHEET TO Yours truly, THE ETNA CASUALTY AND SURETY COMPANY '7 A '•1TT Deriver, Colorado 3Q2C r • By Yip r t iri, 4it or ney-In-I ao-c. _ PARTICULARS REQUESTED Original Contract Price Additions to Contract $ Total $ Deductions from Contract $ Total Contract Price $ Payments received to date $ Earned Estimates due $ Retained Percentage Withheld $ Total $ Amount of Contract Uncompleted $ If Contract Not Completed, probable date of Completion is if Contract Completed, please state Date of Acceptance Remarks At this time, roads have not been accepted, :Bond still in force. 11/23/70 Date , 19 Signature •(S-63a•J( 11.87 PRINTED iN U.S.A. //y. ,/‘3 CHANGE OF ZONE I, C. Arwood May 12, 1969 Present: The Board of County Commissioners Marshall H. Anderson, Chairman Glenn K. Billings Harold W. Anderson County Attorney Samuel S. Telep Planning Commission Barney Elgin Petitioner Mr. I. C. Arwood Mrs. I. C. Arwood Marshall Anderson: We will call this hearing to order on the application of I. C. Arwood of 1213 Francis Street, Longmont, Colorado. At this time Mr. Telep, will you make the record. Mr. Telep: Thank you Mr. Chairman. Let the record show that this cause came on for a hearing on this day, May 12, 1969, at the hour of 2:00 o'clock as was duly published and as required by law. Let the record further show that was an application for a change of zone by Mr. I. C. Arwood of 1213 Francis Street, Longmont, Colorado. The petition is for a change of zone from "A" Agricultural District to "MH" Mobile Home District of a parcel of land located in the Southwest Quarter of Section 8, Township 2 North, Range 67 West of the 6th P. M., Weld County, Colorado and more particularly described as was published in the notice and containing 83.5 acres more or less. Let the record further show that the petitioner Mr. Arwood is present in person. I would like the record to further show that there is on file a copy of a resolution dated March 7, 1969, whereby the Weld County Planning Commission has recommended unfavorably on this petition for rezoning. Mr. Chairman we may proceed with the hearing. I believe that Mr. Arwood to present his case. Mr. Arwood: You showed 8. some 5 acres. Mr. Telep: No, 83.5 acres more or less, Mr. Arwood would you explain to the Commissioners in your own words why you want this rezoned and especially in view of the fact that the Planning Commission has returned an unfavorable resolution in judgement. Mr. Arwood: We have had so many applications from people that want it - to put a mobile home on a 2.5 or 5 acre piece. That was are reason for doing so and to bear that out we have - we just took a little 2 cross section of Longmont we had two real estate offices or three real estate offices , two in Longmont and one in Fort Lupton. They each have people (6) that are interested in buying something within the past month. So it shows that there are people who haven't a place who would like to buy a piece of land and put in a mobile home. Now these can all be verified if you care to. Mr. Telep: Well of course the place to have those verified is - would be right here. Mr. Arwood: Well this is the reason we brought them. Mr. Telep: Is that a petition? What are those papers in front of you? Mr. Arwood: It is people who are interested in buying a piece of property. Mr. Telep: Its sort of a petition, now in whose presence was it signed. Mr. Arwood: It isn't a petition - it is a list of people who have been into these real estate offices asking where a piece of land might be available in a small size tract. Mr. Telep: You don't know from your own personal knowledge that these are the right people who signed? Mr. Arwood: I haven't met any of them, but in each case I can trust their integrity more or less. Mr. Telep: Of course they are not present here for cross examination Mr. Arwood: Yes I understand that but we did this for our own assurEnce for more thah anything else. Mr. Telep: Then you have it from - because of the fact that you learned this from other people that they are looking for a mobile home sites - is that correct? Mr. Arwood: To buy - not to rent. Mr. Telep: Well to buy - yes. The name of the subdivision is Enchanted Hills? Mr. Arwood: That is right. Mr. Telep: Do you have any buildings or any dwellings at all on this subdivision? Mr. Arwood: Not at the present. 3 Mr. Telep: When was this platted? Mr. Arwood: Last June I believe. Mr. Telep: When you first platted this, did you plat it for dwellings? Mr. Arwood: For dwellings. Mr. Telep: I see. I don't have any further questions to ask, Mr. Chairman unless you have. Then of course Mr. Elgin, from the Planning Commission may have or would like to testify what happened before the Planning Commission. Marshall Anderson: What is the exact location of this, where abouts is it? we have the legal but just where is it? Mr. Arwood: You know where the Del Camino is Mr. Anderson: Yes Mr. Arwood: Three miles east of the Del Camino and a half of mile south is where it starts. Mr. Anderson: It is over by Frederick? Mr. Arwood: We are about two and a half miles north of Frederick as the crow flies. Mr. Anderson: On the oiled road? Mr. Arwood: We are one mile east of the oiled road that goes between Firestone and Highway #66. Mr. Anderson: You know there is already a trailer court going in with over 400 stalls in it. Mr. Arwood: That is a rented job is it not? There are many people that would like to have a little piece of land to grow something on and perhaps rear a family - if there is any - so I am told that four of these aren't family people at all. They are just a man and his wife. That is strictly heresay but it is the way we were informed. Harold Anderson: How big are these plots? 4 _ Mrs. Arwood: They will be 2.5 acres more or less. Mr. Arwood: We have a map here that shows little road with cul-de-sacs that we would cut it to 2.5 which we have been advised would be better than 5's and 10's for a trailer, with your permission of course. Mr. Telep: At this time, I would like to have Mr. Elgin testify. Would you state your full name and address. Mr. Elqin: Barney Elgin, 1802 Thirteenth Street, Greeley, Colorado. Mr. Telep: are you not? Mr. Elgin: Mr. Telep: Mr. Elgin you are employed by the Weld County Planning Commission That is right, as a building inspector. Mr Elgin, you are familiar with this petition as submitted for a change of zone by Mr. Arwood. Mr. Elgin: I am. I have read it and have looked at the property and was at the hearing. Mr. Telep: You are familiar with the subdivision plat - so forth and so on and to you knowledge do you know whether there was a hearing before the Planning Commission; asking for this change of zone, Mr. Elqin: Yes, there was one. Mr. Telep: From your own knowledge do you know what the decision of the Planning Commission was? Mr. Elgin: Yes, they disapproved the application. Mr. Telep: As far as you know Mr. Elgin, would you care to tell the Commissioners some of the reasons why this was turned down. Mr. Elgin: I have a sheet here which shows the reasons the Planning Commission gave for their disapproval, would you like to hear them. Mr. Telep: Yes, would you tell us. Mr. Elgin: The first question was, is the orginal zoning faulty? The Planning Commission answer was no. The character of the area is still rural although a few mobile homes do exist north of this tract. The next one was - is there a changing condition in the area? 5 Mr. Elqin(cont.) And there answer was not to the extent that the use of the area warrants change. The next question - will it meet a county -wide need? And they say no, there are existing parcels zoned for mobile homes parks and subdivisions. Another question - will it benefit the adjoining tracts? And they say no - mobile home development is limited and could effect development of adjacent property. And then another question - the land can not be used according to its present classification. Other agricultural land - this is their answer - in Weld County is being subdivided and sold for typical house construction or as investments, that is it is not just particularly for that one particular spot. And so then the Commissions action was to disapprove the request. Marshall Anderson: Where would you get the water for this? Mr. Arwood: From the Weld County - what is the name - Weld County Central Weld Water District. Mr. Anderson: Are you sure they can furnish it? Mr. Arwood: We have paid for it: Mr. Anderson: No, I mean are you sure you have got enough water for this project. Mr. Arwood: Yes sir, they said, if there is a need for more water they will loop it from their main line, which is to the east of us, Mr. Anderson: Mr. Arwood, we have run into trouble on that - we have run into two or three cases of that, whoever says that, doesn't have the authority. It has to be in writing as far as we are concerned. I have one more question here.;. Have you had a perculation test on the soil2 Mr. Arwood: Nine of them, from Mr. Paul. Mr. Anderson: Do we have a copy of that test. Mr. Elgin: I don't have a copy, no. Mr. Arwood: If I had known you needed one I would have brought it. 6 Marshall Anderson: Do you have any more questions, Harold? Mr. Anderson: No Mr. Billings: No, I haven't at this time. Marsh we have run into this same problem somebody wanting a pipeline from an organization where there would be a secretary or someone like that who said the water is available and we have run into this situation where this is suppose to be true and want to put in some 600 trailers. We have to be concerned about the amount of water that would be available for it. Marshall Anderson: Is it the South Weld Water District or the Long's Peak? Mr. Arwood: No it is the Central Weld - coming out of Carter Lake. Dale Oldenhauser, that is their engineering manager, he is the one that told us there was plenty of water for this whatever we wanted to do. Mr. Anderson: Mr. Telep, do you have any more questions? Mr. Telep: No, just one additional question, you went into this matter at length with the Planning Commission, did you not? Mr. Arwood: Yes sir - we just walked in and told them what we wanted to do And then Dale, from Trafton Bean's Office, he said well Buck what do you want to do that for? I said because I feel there is a need for it. And then he proceeded to make up his report and the next day we received a note in the mail. Mr. Telep: And what was in that note? Mr. Arwood: That they had disapproved. Mr. Telep: I see, and of course this is all we have to go by, with the testimony we have here from you, which in essence is the same type of testimony that you made before the Planning Commission and we advertise it for 30 days, which we must do under the law, and we have Mr. Elgin here testifying in part as to what the reasons were for disallowing this. The Commissioners have it before them now to make a judgement and decision. If you have anything further to say in your behalf Mr. Arwood: Yes I would like to say this. We went around and contacted all the people that were adjacent or close by. None of them disapproved it. No one is here fighting it, which is Mr. Procter to the west and Mr. Dyer to the east and then of course the man who owns the trailer to the north, and another boy - McCoy who owns some acerage that we bought from is to the north. And everyone thought it was a good idea. So I didn't see that ---- Mr. Anderson: Do you have a petition to that effect? Mr. Telep: No. Mr. Arwood: Yes, we turned one in - Mr, Telep: He has a petition for a change of zone - yes. Mr. Arwood: No, but we have the names of the people that signed it, then you sent them letters to be here. Mr. Telep: Do you have them in your file? Mr. Elgin: I have a record of all the letters and all of them as far as I can tell were returned, except one. Mr. Arwood: May I ask who? Mr. Elgin: That is the people were notified. Yes, Mr. Dyer does not have where he has - his name is not checked so - Mr. Arwood: Well Mr. Dyer receives his mail in Firestone and I went to the Post office to verify that and they said he does receive his mail and he said I don't care what you put in there. Mr. Elgin: I guess they have been all sent out and returned. Mr. Telep: They have received it. Mr. Elgin: This was there's - Mr. Telep: Mr. Arwood you are kind of at a disadvantage here in view of the fact that naturally you want this change - this is why you have petitioned you have nobody here at all - at this hearing to coraborate your testimony in person. Nobody in here who will say yes - I would like to have a mobile home here Ivould be willing to buy one if it were available. We have three sheets of paper which I have read and it looks like it should be titled a sk petition with names on it - you say that have come from three different real estate offices. This is all you have other than - you can't attest the creditability of that and we don't know anything about it. That doesn't mean to say that - we are stating or intimating even, however, remote it may be that your not telling the truth. We don't mean that at all. We are trying to say to you that you don't have anybody here to back up your desire, your wish to have this changed,., because there is a definite need for something like this. Yet*after investigation and we have the Planning Commission do that service for the Board of County Commissioners, they specifically have come here and list five or six reasons why this should be denied to the Board of County Commissioners. I am here in just a non advisary position. I am neither pro or con here. I am trying to see that justice is done and that you are entitled to your say here with the Board. That is the only reason that I am here. Mr. Arwood: Well it seems thefe are none against it and none for it, well say. Mr. Telep: All we know is what is being recommended by a Board that we have that works with these things. Mr. Arwood: it. Mr. Telep: I would be interested in learning why anyone would be against Well the reasons were, as long as we have a little chunck of lad and someone wants to buy it, to put a mobile home on - the foundation - Marshall Anderson: In the first place Mr. Arwood, the zoning is wrong - what you are asking for - each one of those people could be a subdivider later on - on those 2.5 acres, couldn't they Barney? Mr. Elgin: Just about. Mr. Telep: See they really disapprove this here, Mr. Chairman, there is not enough justification they say in this whole petition on everything they have gone through - to justify the results at this time. Now this is Marshall Anderson: What we are going to run into is that someone else is going to come in here and want to break one of those up into a subdivision. On those 2 to 5 acre tracts. The first thing you know it get clear out of hand 8S If it were broke down where they couldn't subdivide, in the first place there is too much land per stall, isn't there Sam? We will run into the same thing as we have over there on the county line on 66. Mr. Arwood: Thats the reason we want to change it from the 5's and 10's that now exist to 2.5's and could you put something in - your an attorney could you put something in the covenants? Marshall Anderson: It won't do a bit of good. Mr. Telep: Usually you have covenants but usually the county or the legal entity doesn't do that. This must be put in or imposed on the developer the landowner initially, don't you see. And you can exercise that and enjoin people from doing things they shouldn't, do. For instance if you want covenants they can't have rabbits or can't have more than two cows or can't have - or a covenant that they have to have so many feet from the front line - you know - the front lot line and so many feet from the side line - things of that nature. Mr. Arwood: And to respect easements and that. Mr. Telep: Well respect easements - they have to respect easements because once an easement is in why it is out. This is the thing that you would probably or are thinking of proposing - is that correct - I see Mr. Arwood: Well that is in my exhibit Mr. Telep: That is of record already Mr. Arwood: This is a new one we have made up to cover the Mr. Telep: You see the whole sum total of this Mr. Arwood is that this is a subdivision that was platted quite some time ago - for development - correct Mr. Arwood: Right Mr. Telep: Alright, then for some reason, so you say, that you feel there is a need for trailer homes - part of it to be rezoned from agricultural to mobile homes and the Planning Commission seems to think that you are premature perhaps and they are recommending that it be denied and that is before the commissioners for them to decide what they wish or want to on the basis of what recommendations they have and the basis of their testimony today. Do you have anything further to say, before we close? Mr. Arwood: I wish I had brought three or four of those people along. 9 Mr. Telep: I wish you had too. Mr. Arwood: I didn't realize the importance or I would have had a couple of them up here. Mr. Billings; Mr. Chairman, under :the circumstances here I would recommend we would take this under advisement and maybe study it a little bit more. Harold Anderson: I will second the motion. Marshall Anderson: I will make it unanimous. Meeting adjourned. Deputy County Clerk Ljetfr, RECEIPT FOR CERTIFIED MAIL -30 SENT Ty? lAtA rir-ry I/ / nnn .�I t-...11l / 1 � C // POSTMARK OR DATE STREET AND NO. Mu .4-7_4-1,,,e; P. O., STATE, AND ZIP CODE EXTRA A SERVICES FOR ADDIT NAL Return Receipt Shows to whom Shows to whom, and date date, and where delivered delivered FEES Deliver to Add Only � Sot fee ❑ IOt fee In 350 fee ruu Corm Mar. 1966 INSURANCE COVERAGE PROVIDED— (See other side) NOT FOR INTERNATIONAL MAIL RECEIPT FOR CERTIFIED MAIL -300 SENT TO _ _ -a/v TRA SERVICES FOR ADDITIONAL FEES Deliver to We Addressee Only Shows to whom Shows to whom, and date date,delivered ere delivered❑ $0¢ fee 0 10¢ fee O 3$¢ fee POD Form 3800 NO INSURANCE FOR 1E COVERAGE IDEAL MAILED— (See other side) Mar. 1966 NOT POSTMARK OR DATE N or.' SW ,/4Sec.3 R 37W. ��. _ +s,._-. sc�c- ✓�^-i�ric�ie+ie^.._ = icri�iOiQi®ioici®ic�i.Fairsioi..+ri . is'e�,ioi�i®i�iav�i r_.�i�-� _�;1 +�i-.. �i i•E N.89* 34.W. 2707.0 83.5± Acres. A TO 7fir) 2T SW 1/4 Sec.8 S.89°34E 3715.80' cv �I®iA/Rr/®/®/®'/ IZWS/ "/®S/©/O/O/®/®/®/O/®//O/®/®/mi6+/B/O///I/iJ'/®i®/®/®/f.7/.O/®/.®/.47 0 T. 2 N. R.67W. iii 0—ric c c & N.890 53'E 2725.34' A O O 0 z
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