HomeMy WebLinkAbout951349.tiffRESOLUTION
RE: ACTION OF BOARD CONCERNING MINOR SUBDIVISION FINAL PLAT (MT. VIEW
ESTATES #2) - IVAR AND DONNA LARSON
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, pursuant to Supplemental Final Order and Judgment issued by Judge John
J. Althoff concerning Case No. 94 -CV -172, the Board of County Commissioners held a public
meeting on the 28th day of June, 1995, at the hour of 9:00 a.m. in the Chambers of the Board for
the purpose of reconsidering the application of Ivar and Donna Larson, 925 North County Road,
Route 1, Berthoud, Colorado 80513, for a Minor Subdivision Final Plat (Mt. View Estates #2) on
the following described real estate, to -wit:
Part of Section 5, Township 4 North, Range 68 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on June 28, 1995, Donna Larson, applicant, and John Chilson,
Attorney representing said applicant, were present, and
WHEREAS, the abovementioned Court Order provides instructions for review of said Minor
Subdivision Final Plat, and
WHEREAS, the Board of County Commissioners reviewed the existing record on this
matter, including but not limited to, the transcript of the previous hearing concluded on March 30,
1994, Planning Commission Resolution for Recommendation to the Board of County
Commissioners, the original Resolution of Denial approved by the Board of County Commissioners
on March 30, 1994, and, having been fully informed, finds that this request shall be denied for the
following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Sections 4.5.16.5, 4.5.16.11, 4.5.16.16, and 4.5.16.2 of the
Weld County Subdivision Ordinance as follows:
a. The applicant has failed to show that the proposed uses of the Minor
Subdivision will be compatible with the soil or topographic conditions
presenting hazards or requiring special precautions, pursuant to Section
4.5.16.5 of the Weld County Subdivision Ordinance.
b. The proposed Minor Subdivision will create a new access onto Colorado
State Highway 60. Therefore, the applicants have not shown compliance
with Section 4.5.16.11 of the Weld County Subdivision Ordinance, which
requires: "that no additional access to a County, State, or Federal highway
will be created."
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RECONSIDER MINOR SUBDIVISION - MT. VIEW ESTATES #2
PAGE 2
c. Section 4.5.16.2 states that the Minor Subdivision "will be located in an
Urban Growth Boundary area." Without reference to the Weld County
Comprehensive Plan, correspondence received from the City of Loveland
is the only evidence on the Urban Growth Boundaries and indicates the
project is not within Loveland's Urban Growth Boundary, and Loveland is the
only municipality within three miles.
d. The applicant has not shown that, pursuant to Section 4.5.16.16, the Minor
Subdivision will not cause an unreasonable burden on the ability of local
governments or districts to provide fire and police protection or other
services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ivar and Donna Larson for a Minor Subdivision Final Plat
(Mt. View Estates #2) on the hereinabove described parcel of land be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of June, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
COUNTY, CO 3RA
ATTEST:
met
ilirlty Clerk to the Board
'ti
uty Clerk • the Board
APPROVED AS TO FORM:
Dale K. Hall, Chairman
Ut
arf£aca J. Kirkmeyer, y'o- i e
George I?" Baxter
(-71�-3.G.7.5-nt a%' 1 "' i."7: ^sfre
Constance L. Harbert
W. H. Web ter
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