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GRANTING CHANGE OF ZONE
FORT LUPTON AREA
WILLIS T. NASH:
Recorded atDEC 1 a�0V F,
3
Rec. No. 1.7061 _„ Mary Ann Feuerstein, Recorder
,/
WHEREAS, on April 15, 1964, a public hearing was had for the purpose
of hearing protestants, if any, regarding a change of zone in the Fort Lupton
area as requested by Willis T. Nash, said area more particularly described as
follows:
and
land, and
Rezoning from "A" Agricultural to "C" Commercial:
Northwest corner of the South half of Section 1, Township 1 North,
Range 67 West, lying South of State Highway 52, West of the City
of Fort Lupton. Said change of zoning to begin at West right-of-way
of County road on west side of Section 1, Township 1 North, Range 67
West and extending a distance of 520' East on the South right-of-way
of State Highway No. 52, thence South 208'; thence West 520' to the
West right-of-way of said County road, thence North 208' to the point
of beginning,
WHEREAS, Mr. Nash has presented proof of ownership of said tract of
WHEREAS, there appeared no protestants to said change of zone.
NOW, THEREFORE, BE IT RESOLVED, by the Bcard of County Commissioners of
Weld County, Colorado, that they hereby unanimously agree to uphold the recommendation
of the Weld County Planning Commission by granting the change of zone in the Fort
Lupton area as more particularly described above.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote:
DATED: JUNE 24, 1964
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AYES:
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THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO '
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LHR 233
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AGRICULTURAL DISTRICT
ZONING DISTRICT
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Volume 6 Number 8, February 27, 1964, Weld County
Planning Commission. Covering change of Zone from
"A" Agricultural Zoning District to "C" Commercial
Zoning District, in the NW 1 of the South Half of
Sestion 1, T 1N, R 67 W. Described more particularly
as follows, to -wit:
NW Corner of the South half of Sectionl,
T 1 N, R 67 W, Lying South of State High-
way 52, West of the City of Ft. Lupton.
Said change of Zoning to begin at West Right-
of-way of County Road on west side of Section
1, T 1 N, R 67 W, and extending a distance of
520 ft. East on the South Right -of -Way of
State Highway 52, thence South 208 ft.,
thence West 520 ft. to the west Right -of - Way
od[ said County Road, thence North 208 ft.
to the point of beginning.
Approved by The Weld County
Planning Commission
Approved by The Weld County
Board of County Commissioners
February 27, 1964 1964
By
hai j tan
By
III 'III IG 1 -112•111
Chairman
L--
11
April 15, 1964
I hereby certify that pursuant to -a notice dated March 11, 1964,
duly published March 13 and April 3, 1964, a public hearing was had on
the Change rrf Zone as requested by Willis T. Nash, of Fort Lupton, Colorado,
at the time and place specified in said notice. The decision on the evidence
presented at said hearing was taken under advisement until a later date.
ATTEST:
COUNTY CLERK AND'REC0RDER
AND CLERK TO THE BOARD
`/y: ,C -i . 2 : ., 6, /
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CHAIRMAN
BOARD OF COUNTY C• 'ViISSIONERS
WELD COUNTY, COLADO
LHR 233
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
April 15, 1-954
COMMISSIONERS HEARING
CHANGE OF ZONE
WILLIS T.NASH
Members-Pr-esenti
Mr. Reed:
Mr. Nash:
Tom V. Reed Commissioner District Number 1
Millard H. Ewing Commissioner Distric+. Number 111
Samuel £. Telep County Attorney
Willis T. Nash Petitioner for Change of Zone
Mr. Nash, you have appeared before the Board of County
Commissioners to request a change in zone from "A"
Agricultural to "C" Commercial in the area more
particularly described as follows:
Northwest (NW) corner of the South half (S) of
Section 1, Township 1 North, Range 67 West, lying
South -of State Highway Number 52, west of the city
of Fort _Lupton: said chanrge of zoning to begin
at the west right-of-way of county road on West
side of Section 1, Township 1 North, Range 67 West
and Extending a distance of 520 feet east on the
south right of way of State -Highway Number 52, thence
south 208 feet thence west 520 feet to the west
right of said County Road, thence north 208 feet
to the point of beginning
Mr. Nash, we understand that you want to use this
land for the £torage and repair of heavy equipment.
The Planning commission has_recommended ecommended that the
change of zone be made. -Ar-e you the owner of the land?
I will have a purchase contract, if the zoning goes
through. Mrs. Pehr owns the land and she is agreeable
to the change.
Mr. Telep: What will you do if the land is not _rezoned? Once
the land is -zoned we ran -not un-zone it.
Mr. Nash:
Mr. Telep:
Mr. Reed:
iir. Nash:
Mr. Telep:
The landowners are Mr. Fehr and his wi-fe. They would
like it zoned, but if it is not re -zoned I would have no
use for the land.
I would recommend as County Attorney, that the Board
go ahead with this change if you owned or were in
the process of buying the property.
Mr. Nash, Do you not want the land if the zoning is denied?
11 only want the land if it is rezoned, otherwise it is of
no use to me.
Mr. Nash, do you have an attorney? If Mr. Fehr aoree-s to
the zoning he should have come with you today, he is the
owner of the land. You only have a verbal agreement --
We are on your side. You can get into trouble and
Mr. or Mrs. Pehr could back out of your verbal agreement.
Mr. Nash: I only have a verbal agreement, before I start any work
on the property I will get a contract
Mr. TeLep:
We recommend you to go ahead and consumate you deal and
the Board will confer in the matter and will accept the
recommendation of change of zone. You, Mr. Nash, must
consumate your deal and the Board will go along with
the recommendation of the Planning Commission. If
the land owner, Mr. Pehr, will give you a written
agreement, or (something) in written form to substiantiate
your right as a landowner, then the Board will be able to
act on the -recommendation of the Planning Commission.
Mr. Nash, you are -asking for a change in zone for land
in which you have no right, you only have -a verbal
agreement, which does not mean anything. In -the meanwhile
you have had land zoned in which you have no interest,
right or title. If Mr. Pehr has come in with you he,
himself could have requested the change. If we change
this zoning, Mr. Pehr could do as he pleases. He may
change the purchase price of the land. When you show us
(the Board) evidence of your purchase to the land, we will
grant the -change in zoning and back date it to April 15.
NMI
Mr. Telep:
Mr. Nash:
mr. Reed:
Mr. Telep;
It was up to Mr. Pehr to make a contract to protect you.
You are not a landowner and when it comes right down to
it you could be taken advantage of.
I will go back to town and contact Mr. Pehr. Will it cost
me another $25.00.
No, you have already paid for that before todays hearing.
He (Mr. Pehr) could change the price after the rezoning and
and you could not sue him. Under the statues of fraud you
have no right. The only way you can have this rezoned by
the Board of County Commissioners, Mr. Nash, is for you
to obtain legal and written ownership to the piece of
property and present it to the Board of County Commissioners
ITT]]
NOTICE
' Pursuant to the. zoning laws Of
the State of Colorado, the Weld
County Planning, Commission rec-
ommends and certifies to the Board
of County Commissioners, Weld
County, .Colorado, the approval of
a request for : -a:, change in zoning
in the Fort Lupton: Area, more par-
ticularly described as follows:
., Northwest (NW) corner of the
South' Half (5:,5) of Sec 1 T1 N,
Rge 67 W, lying South of State,
Highway No. 53, West of the
City of Fort Lupton:. said
change of zoning to begin at
Westright-of-way of, County
Road on West side of Sec 1, T1
N, R 67 W, andextending a dis-
tance of 520' ,E on the South
right-of-way of State Highway
No. 52; thence South 208',
'thence West 520' to- the West
right-of-way of said County
Road, thence North"208' to the
point of beginning.)
A public hearlriqq will be held in
the office of the $oard of County
Commissioners, Weld County Court
House, Greeley, --Colorado on Wed-
nesday April 15, 1964 at 2:00 o'-
clocic, P.M.
Dated this l'lth day of March,
1964.
THE HOARD OF
COUNTY COMMISSIONERS
%VELD COUNTY: COLORADO
By: ANN. SPORER •
County pert :ad Reeerder 'E
' Pt:Milkedd in Clerk To The Board
The Greeley Booste
March 13 and April 3, 1964.
rI
IIIID
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NOTICE
Pursuant to the zoning laws of the State of
Colorado, the Weld County Planning Commission
recommends and certifies to the Board of
County Commissioners of Weld County, Colorado,
the approval of a request for a change in zoning
in the Fort Lupton Area, more particularly
described as follows:
Northwest (NW) corner of the South half
(Si) of Sec 1, T 1N, Rge 67 W, lying
South of State Highway No. 52, West of
the City of Fort Lupton; said change of
zoning to begin at West right-of-way of
County Road on West side of Sec 1, Tl N,
R 67 W, and extending a distance of
520' E on the South right-of-way of State
Highway No. 52, thence South 208', thence
West 520' to the West right-of-way of
said County Road, thence North 208' to the
point of beginning.
A public hearing will be held in the office of
the Board of County Commissioners, Weld County
Court House, Greeley, Colorado, on April 15, 1964
at 2:00 o'clock, P. M.
Dated this 11th day of March, 1964.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: Ann Spomer
County Clerk and Recorder
and Clerk to the Board.
Publish March 13 & April 3
The Greeley Booster
I 11 III[II[1 111■■1I
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BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
CASE NO.
APPLICATION OF Willis ..T....Nash
.
Address 45Q5We,St 3.],Avenue, Denver 208],.2.,_ Colorado
Moved by ._.A..h.....Tinn.. that the following resolution be introduc-
ed for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the application
for rezoning from .__ "A" ( Agricultural........ District) to "C"
( Ccm ercial District) of..,. Willis T. Nash
of ...'.ox.t Lupton Area .,. covering the following described pro-
perty in Weld County, Colorado, to -wit:
Northwest (NW) Corner of the South half (S-2) of Section 1, Township 1 North,
Range 67 West, lying South of State Highway 52, West of the City of Fort Lup-
ton. Said change of zoning to begin at West Right-cf-way of County Road on
West side of Section 1, Township 1 North, Range 67 West, and extending a dis-
tance of 520 feet East on the South right-of-way of State Highway 52, thence
South 208 feet, thence West 520 feet tc the west right-of-way of said County
Road, thence North 208 feet to the point of beginning.
be recommended (favorably) (umfcaxasisab9cy* to the Board of County Commis-
sioners for the following reasons:
Roland Palmquist made a survey of the area and said it was not very good farm
land and he felt it would make a good place for Mr. Nash to locate his repair
shop and storage of his heavy equipment.
Motion seconded by ..Pr.iceHo,pkirs
Vote:
For Passage: George Mosier Against Passage: .....None
.,Price Hopkins
.........t2.... ........
d o hn...Wat.so.n
The Chairman declared the motion passed end ordered that a certified copy of this Res-
olution be forwarded with the file of this case to the Board of County Commissioners
for further proceedings.
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CERTIFICATION OF COPY
I, Fl.cr.enc.e Cutler. , Recording Secretary of Weld County Plan-
ning Commission, do hereby certify that the above and foregoing Resolution is
a true copy of Resolution of Planning Commission of Weld County, Colorado, adop-
ted on .....February 27, 1964
, and recorded in Book No.
of the proceedings of said Planning Commission.
6
Page No.
Dated this 9th day of ._..orc.h.. , l964.
Recording Secretary, Veld County Planning Commission
off i.:e of
BOARD OF COUNTY COMMIS. iERS
WELD County
Greeley, Colorado
ILril 8
, 19.121.
There will be a public hearing in regard to a request for a change in
zone in the Northwest corner of the South half of Section 1, Township 1
North Range 67 west, lying South of State Highway No. 52, Vvest of the City
of Fort Lupton.
The hearing will be held in the office of the Board of County Commissioner,
on April 15th at 2:00 P. M.
Copies were mailed
Willis T. Nash
Frank Vogl
F. W. Burge
Norma Burge
Dennis Burge
Alice E. Pehr
to the following by certified mail
4505 West 31st Avenue Denver
Rt. 1 Box 216 Ft. Lupton
Rt. 1. Box. 216 Ft. Lupton
Rt. 1 Box 409 Ft. Lupton
Rt. 1 Box 41r) Ft. Lupton
3880 West 72nd Avenue Denver
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
W Adams
CLERK
I II III11 T III■U1
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