HomeMy WebLinkAbout680106.tiffFINDINGS AND RESOLUTION
CONCERNING CHANGE OF ZONE
PETITION OF FELIX AND LILLIAN DeBUSE
The petition of Felix and Lillian DeBuse, Route 1, Box 223, Long-
mont, Colorado, requesting a change of zone from "A" Agricultural District to
"M -H" Mobile Home District of a tract of land located in the East Half of the
Northwest Quarter (E+NW4) of Section Twenty-nine (29), Township Three (3)
North, Range Sixty-eight (68) West of the 6th Principal Meridian, Weld County,
Colorado, containing five acres, more or less, for a proposed trailer court,
came on for hearing on Wednesday, July 17, 1968, and the Board of County Com-
missioners of the County of Weld having heard the testimony and evidence adduced
upon said hearing, and having considered the testimony, evidence, and the recom-
mendations 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 applicants 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 shows that the inhabitants of the immediate vicinity
of the area sought to be rezoned are unanimously opposed to the change of zone.
3. The evidence shows that there is no assurance of a continuous
and adequate supply of potable water for said trailer court complex.
4. The evidence shows that there is a large ditch lateral bisecting
said proposed trailer court which would be an attractive nuisance if such trailer
court were allowed, and additionally, would deprive vested owners of said ditch
to the continuous use and enjoyment of the irrigation water.
5. The evidence shows that users of water running through said
ditch lateral have a proprietary interest in and to certain headgates on the pro-
perty sought to be rezoned, and that they would be subjected to unreasonable and
undue hardship to properly divide their fair share of the water in said ditch lat-
eral.
6. 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 Felix and Lillian DeBuse, Route 1, Box 223, Long-
mont, Colorado, for a change of zone from "A." Agricultural District to "M -H"
Mobile Home District, of a tract of land for a proposed trailer court, said area
being more particularly described as follows:
A part of the EzNW4 of Section 29, Township 3 North,
Range 68 West of the 6th P. M. , Weld County, Colo-
rado, and more particularly described as follows:
Beginning at the North quarter -corner of said Section 29,
Township 3 North, Range 68 West of the 6th P. M. , thence
68o/0�o
south 50 feet, more or less, to the true point of beginning
on the south right-of-way line of Colorado State Highway
No. 66; thence south 500 feet on the east boundary line of
the NW4 of said Section 29, thence west 270 feet; thence
north 45° 00' West 297 feet; thence north 290 feet, more
or less, to the south right-of-way of said State Highway
No. 66, thence East 480 feet, more or less, along the said
highway right-of-way line to the true point of beginning,
and containing 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 refer-
ence are incorporated herein and made a part hereof, and
WHEREAS, the said Board has carefully considered the petition,
evidence and testimony and the recommendation of the Weld County Planning
Commission, and given the same such weight as it in its discretion deems pro-
per, and is now fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED, that the petition of Felix
and Lillian DeBuse, Route 1, Box 223, Longmont, Colorado, requesting a change
of zone from "A" Agricultural District to "M -H" Mobile Home District to locate
a trailer court 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 24th day of July, 1968.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
(ice LNI/,s syc .J
Clerk of the($oard
APP-tOf7ED AS TO Fth3Mt
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Finding & Resol for De Buse Hearing Held July 17, 1968
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POD Form 3800
Mar. 1966
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OR DATE
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BEFORE_ c V'E.La, COUNTY, COLORADO PLANN.. ;.OMM1. ,,lON
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. Z-9.5 Date beittliAc 6/3/68
APPLICATION OF 3elx.x DeBmse
Address
b
.I•r-
tt. I, Box 2.23, Longmont, Colorado
Moved by Leonard Bartels that the following resolution be introduced for pas-
sage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the application
for rezoning from A ( Agriculture) District to MH (Mobile Home
District) of of
covering the following described property in Weld County, Colorado, to -wit:
Pt. or the East -half (::;.) or the Northwest Quatter (140) of Section
Twenty -Nine (29), Township Three (3) North, Range Sixty-eight (68)
West of the 6th ''. M. Weld County containing 5 acres more or less.
See attached description.
be recommended Mumma (unfavorably) to the Board of County Commissioner
for the following reasons: The applicant failed to sustain the burden of
proof for a need of a change of zone. They haven't shown that present zoning
is erroneous or that circumstances warrant a change of zone. They have Yiven
no proof that people want to move in here. The ditch is an atbractive nuisance.
Motion seconded by J. Ben Ei.x
Vote:
For Passage:
Leonard Bartels
Philip Bowles
Ronald. Heitman
J. Ben Nix
John Watson
Against Passage:
Price Hopkins
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
Proposed DeBuse Mobile Home Park
Weld County, Colorado
Legal Description
A part of the East 1 of the NW+ of Section 29, Township 3 North,
Range 68 West of the 6th P.M. and more particularly described as follows:
Beginning at the North Quarter Corner of said Section 29, T 3 N, R 68
of the 6th P.M., thence South 50 feet, more or less, to the true point of beginning
on the South right of way line of Colorado State Highway No. 66:
Thence South 500 feet on the East boundary line of the NW+ of said
Section 29, thence West 270 feet, thence N-45°-00' W 297 feet, thence North
290 feet, more or less, to the South right of way of said State Highway
No. 66, thence East 480 feet, more or less, along the said Highway right
of way line to the true point of beginning, and containning 5 acres, more or
less.
ieLyt
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
June 3, 1968
, and recorded in Book No. 1I , Page No. , of the
proceedings of said Planning Commission.
PC -Z-006
Dated this Lth day of June
1968.
Recording Secretary; Weld County Planning Commission
191
srona wglp atvlorado;
ivt'tCl o * C3ift use, ..1ree-
fey,'-Colorado, at the -time 'spec-
ified. Albytrmss ilk any manner
interested in .the followi'ag pro-
posed Change of Zone are re-
quested ` to attend and nay be
heard:.
DOCKET NO. 38
Felix De Buse
Reute 1, Box 228
Longmont, Colorado
. - Date: July 17, .1968 -
Time: 11:00 A. M. -.
Request: Change of Zone from
"A" Agricultural to "MH"'Mo-
bile Home District
Part of the E'*. NW'/+: Sec-
tion 29, Townthip 3 ,:North,
Range e8 West of the 6th
P. M.,` Weld County, Colorado..
Containing 5 "acres, more or
less.
Dated: June 12, :1968
THE ICIARDOF
COUNTY ®OMMtSS10NERS
WELD rCOWNTY -COLORADO
By: ANN . SPOMER
COUNTY CLERK AND
RECORDER AND CLERK
TO THE BOARD
July 17, 1968
I hereby certify that pursuant to a notice dated June 12, 1968,
duly published June 14th and July 5th, 1968, a public hearing was had on
the Change of Zone as requested by Felix De Buse, at the time and place specified
in said notice. The evidence presented at said hearing was taken under
advisement, the decision to be made at a later date.
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ATTEST:COUNTY CLE AND RECORDER CEAIRMAN;
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-AND CLERK TO THE BOARD 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. 38
Date: July 17, 1968
_Time: 11:00 A. M.
Felix De Buse
Route 1 Box 223
Longmont, Colorado
Request: Change of Zone from A Agriculture to MH Mobile Home District
Part of the -Et NW,'—�: Section 29, Township 3 North,
Range 68 West of the 6th P. M., Weld County, Colorado.
Containing 5 acres more or less
DATED: JUNE 12, 1968
To be published June 14th
and ,July 5th, 1968.
The Greeley Booster
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPOMER
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
De Buse Change of Zone
Hearing Request
Hearing Date: July 17th 1968 at 2:0p P. M.
„A„ to „MH„
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