HomeMy WebLinkAbout700027.tiff CHANGE OF ZONE
BRAD WOLFF
CONTINUANCE GRANTED:
WHEREAS, on Monday, November 30, 1970, a public hearing was scheduled
on the petition for Change of Zone as submitted by Brad Wolff; and
WHEREAS, Charles A. Karowsky, Attorney for the petitioner, for good
cause shown, requested a continuance of said hearing;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners
of Weld County, Colorado, that said matter shall be and it is hereby continued
until January 13, 1971, at 2 o'clock P. M.; and
BE IT FURTHER RESOLVED, that the petitioner and all opposing counsel
be notified of the time and place for hearing of said cause.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote on roll call:
,/ 72 4/12
AYES:
TH' BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: NOVEMBER 30, 1970
cc: Wolff
Karowsky
Richardson
Kelly
YLoo;Ni 9
700027
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. 54 Brad Wolff
3280 South Onieda
Denver, Colorado 80222
DATE: November 30, 1970
TIME: 2:00 P. M.
REQUEST: Change of Zone from "A" Agricultural District to "MH-UD"
Mobile Homes Unit Development
A tract of land located in the SW4 of Section 3, Township 5 North,
Range 66 West of the 6th P. M. , Weld County, Colorado, more
particularly described, true point of beginning at the W4 Cor. Section
3 thence S88° 57' 56" E. 1745.85 feet: thence S 00° 20' 16" W
1130.92 feet; thence N 82° 11' 07" West 449.65 feet: thence $64° 53'59" W
378.17 feet: thence N 26° 45' 38" West 182.00 feet: thence N45° 17' 43"
W 102.48 feet: thence S79° 16' 00" W 86.56 feet: thence N 00° 43' 14" W
70.48 feet: thence N 59° 24' 11" W 446.63 feet: thence N 62° 36' 25" W
451.22 feet: thence N 7° 55' 11" E 543.00 feet to the true point of
beginning. Containing 38 acres more or less.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPOMER
COUNTY CLERK AND RECORDER AND
CLERK TO THE BOARD
DATED: OCTOBER 21, 1970
Publish October 23 and Novenber20, 1970
An 1 c.J1 /:,
(, 3
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
•
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS <•�'�
Case No. Z-162 Date 10/6/70
APPLICATION OF Brad Wolff
Address 3280 South Onieda, Denver, Colo. 80222
Moied by Glen Anderson that the following resolution be introduced for paG-
sage by the Weld County Planning Commissions
Be it Resolved by the Weld County Planning Commission that the application
for rezoning from "Arr ( Agriu1,ture District tom IJD ( Mobile Homes 1Jnit
aiiCsifliNKEX31f of Development
covering the following described property in Weld County, Coloraao, to-wit:
Located in the Southwest-Quarter (SW4) of Section Three (3), Township
Five (5) North, Range Sixty-six (66) West of the 6th P. M., Weld County,
Colorado containing 38 acres m/1
See attached plat and zone map
be recommended (imeta (unfavorably) to the Board of County Commissioners
for the following reasons: Petition submitted by surrounding property owners
requesting denial. Not necessarity the best use of the land. Forty acres of
MH District in the northwest area from Greeley has been approved recently and
not developed: and another 10 acres has been recommended for appro ,�ytty"
exceeds the requirements of the Greeley Comprehensive Pla+++yyy{;{;{;}}}!r
Motion seconded by Adam LePore • ° .,,�y c.,,!,!t •
Vote: OCT
For Passage: Glen .Anderson....... _ Against Passage: .
. ,. • iuty.
DY
Leonard Bartels
Philip Bowles
Adam LePore
John Watson
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
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
Qct.....5.�..1�7Q , and recorded in Book No. III , Page No. , of the
proceedings of said Planning Commission.
Dated this 6th day of October , 19 70,
Recording Secretary, Weld County Planning Commission
,i . rv ( '
PC-Z-006
BEFORE THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 30, 1970
THE BOARD OF COUNTY COMMISSIONERS )
GLENN K. BILLINGS ) CHANGE OF ZONE
"A" AGRICULTURAL DISTRICT
HAROLD W. ANDERSON ) TO "MH-UD" MOBILE HOMES
UNIT DEVELOPMENT.
MARSHALL H. ANDERSON )
PETITIONER:
BRAD WOLFF
CHARLES A. KAROWSKY,
ATTORNEY
COUNTY ATTORNEY: )
SAMUEL S. TELEP )
COUNTY PLANNER: )
BURMAN LORENSEN )
PROTESTANTS:
WILLIAM R. KELLY, ATTORNEY )
THOMAS A. RICHARDSON, ATTORNEY )
Mr. Billings: We will call this hearing to order. 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 #54.
Petitioner: Brad Wolff of 3280 South Onieda, Denver, Colorado,
requesting a Change of Zone from "A" Agricultural District to "MH-UD"
Mobile Homes - Unit Development. Mr. Telep would you like to make a
statement at this time.
Mr. Telep: Thank you, Mr. Chairman. Let the record show that this cause
came on for hearing this day, November 30, 1970, at 2 P. M., as was
published as required by law. Let the record show that this hearing
was had upon the petition of Brad Wolff, 3280 South Onieda, Denver,
Colorado, for a Change of Zone from "A" Agricultural District to
"MH-UD" Mobile Home, on a tract of land located in the SW4 of Section
3, Township 5 North, Range 66 West of the 6th P. M. and more particularly
described in metes and bounds, containing 38 acres, more or less, as
was duly published in the notice.
Let the record further show that Brad Wolff is present in
person and represented by counsel, Charles Karowsky.
Mr. Chairman, I believe we are ready to proceed and the
petitioner might or counsel might have an opening statement they wish
to make at this time.
Mr. Karowsky: Mr. Chairman, Commissioners, I am sorry to impose upon you
and the people who have appeared for the purpose of supporting or
opposing the petition but on November 18, 1970, it became apparent to
me that I might have to be absent from the State on an emergency situation.
As a consequence, I just returned to the City late last night and as a
result called the Commissioners Office requesting a continuance and was
informed that this could not be granted by anyone except the Commissioners
because the notices had been issued. To confirm my request on November
19th, particularly since I think the key personnel were at a convention
down in Denver at the time. I wrote a letter by certified mail, return
receipt requested, asking for a continuance of this particular hearing.
I have inquired of the Clerk, Mrs. Flack, and have ascertained that a
date is available on Wednesday, January 13th, as nothing is scheduled
on that date. I, therefore, respectfully request that this hearing be
continued to whatever date the Commissioners sees fit to set it but
particularly, if possible, on January 13th. I understand there is a
hearing scheduled on January 6th but it probably would not be desirable
to consume everyone's time by having two hearings on the same day.
Mr. Telep: Mr. Chairman, I 'd like the record also to show that Thomas
Richardson is present and it is my understanding that he represents
many of the protestants. Perhaps, Mr. Richardson would like to say
a few words.
Mr. Kelly: Gentlemen, this petition is to put a Mobile Home or Trailer
3
Court on the SW4 of Section/ Since 1916, I 've owned with my wife the
NW4 of Section 3. This petition set in motion by the petitioners here
would cause --- to the property by being across and just adjoining it.
Now, I haven't had the benefit of the courtesy of a letter from my
neighbors across the road who are anxious to make this project. I'm
sorry to say I 've owned that land for 54 years but I don't seem to
get a notice of any application for a continuance. I object to it.
We have many people in the neighborhood who live there that object to
bringing in this project. We object to a continuance. We're ready to
go ahead and have a hearing on it.
Mr. Billings: Mr. Richardson - -
Mr. Richardson: Mr. Billings, I think it would be the feeling of my people
that they would object to a continuance. However, I do know that
legally the Commissioners have the right to grant the request if they
so desire. So, it's what the Commissioners decide on this thing from
a legal point. But for the record, I do know that the people I
represent would object at this time.
Mr. Marshall Anderson: Mr. Tekp, will this have to be re-advertised?
Mr. Telep: No.
W. Marshall Anderson: Will everyone be notified of a re-hearing?
Mr. Telep: No. Mr. Kelly, on behalf of the Board, I don't know how it
is under the rules but it is like in a court of law, for good cause
shown, it is entirely discretionary with the Board that to whether there
will be a continuance or not. Of course, I realize it puts many people
out but what is the best thing to do under a given situation and
evidently there has been a good cause shown so whether the motion to
continue will be granted or not is dependent entirely upon this Board,
Mr. Kelly. So the Board will have to rule on Mr. Karowsky's motion.
en
Mr. Kelly: Thes in Denver set this in motion, Brad Wolff, whoever he
is. I haven't seen him in the neighborhood there but they set this in
motion. The neighbors of course and other people are affected. They
should be ready to go ahead. There has been hearings before the
Planning Commission for this. These neighbors coming in at different
times has been quite an inconvenience to us to be required to come in
again.
Mr. Billings: Mr. Kelly, possibly you haven't been informed of this request
for continuance. However, Mr. Karowsky has indicated to us, by letter
some time ago, that it would be impossible for him to be ready for this
meeting. It comes into my mind that maybe you will be better informed
and this Board will be better informed if we did continue this to a
later date. Perhaps, more facts will actually be brought out than
would be brought out today. I 'm speaking for myself and not for the
Board. I would hesitate to go ahead with a hearing to-day and not
have all the people fully advised. So if there are not any other
objections, I would entertain a motion either to continue this hearing
or continue it on Wednesday, January 13th.
Would this be satisfactory with you, Mr. Kelly?
Mr. Kelly: Well, I think it's important to us and we' ll be here.
Mr. Billings: This is to be January 13th at two o'clock in the afternoon.
Mr. Richardson, is this satisfactory with you?
Mr. Richardson: Yes, It' ll be satisfactory.
Mr. Billings: Then, I will entertain a motion at this time.
Mr. Marshall Anderson: Mr. Chairman, I move that this hearing will be
continued until two o'clock, January 13th.
Mr. Harold Anderson: I second the motion.
Mr. Billings: The motion was made and seconded that we continue said
hearing until January 13th, at two o'clock in the afternoon. I will
make this unanimous and let the record show that a motion by this
Board is also an individual vote in favor of the motion.
Is there anything else to come before this Board at this time?
Mr. Marshall Anderson: I so move to adjourn.
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II BRAD WOLFF Nov. 30, 1970 — 2:00 P.M. :, �„ I ` )j ` 1 , f
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-Eau) Offices
KAROWSKY, WITWER & OLDENBURG
CHARLES A. KAROWSKY SUITE 315, BTH AND 6TH BUILDING
STOW L. WITWER, JR. GREELEY. COLORADO
R. SAM OLDENBURG 8O631
AREA CODE SOS
November 19, 1970 °E=-=1^I
Weld County Commissioners
Court House
Greeley
Colorado
Gentlemen:
This letter is written in behalf of Brad Wolff & Associates and Mr. Brad
Wolff, who has an application pending for a zone change, Case No. Z-162.
The zone change is from A to MH-UD.
A hearing has been scheduled, advertised and notices sent for 2:00 P.M. ,
November 30th, 1970.
Because of a current emergency, I am obliged to be absent from the State
from this date and will not return until November 30th, and therefore, as
attorney for Brad Wolff and Associates, will be unable to properly prepare
for thepresentation of the zone change to you.
Oral request was made as of November 18, 1970 to personnel in your office
for a continuance of the hearing, with the understanding that Brad Wolff and
Associates would assume the expense of republication of notice, if necessary,
and the expense of notifying all interested parties of the continuance. Person-
nel in your office (Mrs. Ruth Kelly) advised that if the matter were to be con-
tinued it would have to be until approximately February 16th or 17th.
As of this date I have been advised by Mrs. Kelly that there is no one in the
office authorized or empowered to initiate procedures to effect the requested
continuance, since all key personneland the County Attorney, Mr. Samuel
Telep, were absent from the City in attendance at a convention.
Weld County Commissioners
Page 2
November 19, 1970
I deem it advisable to submit to you in writing by virtue of this letter my
formal request that the hearing scheduled for November 30, 1970 at 2:00
P.M. on the above matter be continued until a convenient date after the
15th of February, 1971. In behalf of Brad Wolff and Associates, please be
advised that all expenses in connection with such continuance will be assumed
by Brad Wolff and Associates.
It is most important that this office be advised forthwith of your decision in
this regard, and it is requested that Mr. Stow L. Witwer, Jr. , my partner,
be informed so that plans may be made accordingly.
Very truly yours,
KAROWSXY, WITWER & OLDENBURG
Charles A.Karowsky
Pis
cc: Mr. Samuel S. Telep
County Attorney
First National Bank Building
Greeley, Colorado
cc: Brad Wolff & Associates
3280 South Oneida Way
Denver, Colorado 80222
Attention: Mr. Brad Wolff
STATt OF COLORA06
COUNTY OF WELD
Fik:d .:3h.the Clerk of the Uoard
of County Commissloners
NOV 201970
COUNTY CLERK AND RECORDER
By peppery
ill ,
- Application No. Z-161
Objection to proposed rezoning of
39.4 acres in SA Sec. 3 TSN RGGW
TO THE WELD COUNTY PLANNING COMMISSION AND TO THE '
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
' 'To the application for rezoning copy of which is attached,
The undersigned owners of land in the neighborhood of said
land which Brad Wolff - East Greeley Land Co. of Denver has
• applied to have rezoned from "Ar to Mobile Homes Class , hereby
object to said proposed rezoning. ,• ,
Our neighboring lands are, farm home lands with ready
potential for development for permanent family residences and for
estate homesites of substantial permanent residence buildings and
appropriate residential area provisions for each family.
The mobile home rezoning applied for would make said 39.4 acres
the site for trailers and temporary, mobile, transient occupants
of too small area per family and without limit in space for side
yards, front yard and air and space area provisions.
The change of zoning of said company applicant's land, in the
sw4 of Section 3 to that of mobile home or 'trailer camp' zoning
would deteriorate our neighborhood and damage the values of our
lands for potential residence and estate homesites use. It would
damage the residential value of the whole neighborhood and unadvis-
edly increase density of people, o£ traffic on county roads and
problems of sewage disposal and pollution in the neighborhood. '
'We respectfully ask that said application be denied.
• /2 NAME ADDRESS
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Application No. Z-161
MObjection to proposed rezoning of
.
II 39.4 acres in SW4 Sec. 3 T5N R66W
TO THE WELD COUNTY PLANNING COMMISSION AND TO THE
I,
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
II • . _ To the application for rezoning copy of which is attached,
The undersigned owners of land in the neighborhood of said •
I
hI land which Brad Wolff - East Greeley Land Co. of Denver has
applied to have rezoned from "A" to Mobile Homes Class , hereby
object to said proposed rezoning.
Our neighboring lands are farm home lands with ready
potential for development for permanent family residences and for
1i
estate homesites of substantial permanent residence buildings and
appropriate residential area provisions for each family.
I I
IIThe mobile home rezoning applied for -would make said 39.4 acres
the site for trailers and temporary, mobile, transient occupants
of too small area per family and without limit in space for side
. yards, front yard and air and space area provisions.
Il The change of zoning of said company applicant's land, in the
SWa of Section 3 to that of mobile home or 'trailer camp' zoning
II
II
would deteriorate our neighborhood and damage the values of our
•
ii lands for potential residence and estate homesite use. It would
Ii
i damage the residential value of the whole neighborhood and unadvis-
I
III edly increase density of people, of traffic on county roads and
I
�I problems of sewage disposal and pollution in the neighborhood.
We respectfully ask that said application be denied.
NAME ADDRESS.,-: i I '' Z,a di' l4 ( Aee7 ( ,,____ ge-Tsq A.,-64 &LIY)t-,41
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Property Owners within 500 feet
17376 Hertzke Farms, Inc. 96
17375 Rt. 5, Box 93
Greeley
17378 Kelly, W. R. ff
First National Bank Building /
• Greeley
13777 Mosier, George �{ r-
?9 J .
1�
Rt. a, Box 181 9
Greeley
17379 Rothe Bros., Inc. L/197/'‘'
Ht. 3, Box 318 �G�
Greeley
17380 Mahan, Isla y ,
Rt. 3, Box 169
Greeley
17375A Hollis, Lester and Freda 5/,"`"
Rt. 3, Box 93
Greeley
17379C Mylander, Charles B. and Elaine M.
Rt. 3, Box 95Cfsf`19 '
Greeley
17379A Valladao, Arthur R. And Margaret
Rt. 3, Box 95
Greeley
17380E Brighi, Louis J. and Pauline F.
3000 W. loth Street
Greeley
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AFFIDAVIT OF PUBLICATION
STATE OF COLORADO, ) NOTICE
)as.COUNTY OF WELD. ) _pursuant to the zoning laws of
theState of. Colorado,8:public
or,..r_ -i1 will be held ;ief the-office
being duly sworn, deposes and says: of,the BMW of 'County ,Commis-
1. That he is the Owner and Publisher of The Greeley Booster stoners of Weld County COorado,
a weekly newspaper printed and published in the City of Greeley, Weld County "'Court House, Gree-
County of Weld and State of Colorado, which has been admitted 1'ley, G er'ado, - at the time.sped
to the United States Mails as second class matter under Act of fled. MI persons in any manner
Congress,of March 3, 1879. I interested . m' the following:pro-
2. That the said The Greeley Booster is printed and published 1 posed Chase- of Zone are- re-
at regular intervals, one.time each week, on Friday, and that it p quested to attend and may in
has-a general circulation in the County of Weld, and elsewhere.
3. That the said The Greeley Booster was established and has ;.DOCKET
been printed and published in said county uninterruptedly andcontinuously during a period of at least fifty-two consecutive weeks ..., ... _.. ,
next prior to the first issue thereof containing said 3880:.9onth-Onieda .
__ Denver, Colorado 80222
a copy of which is hereunto attached. DATE: November 30,.19'10
TIME: 2:00 P. M.
4. That the said The Greeley Booster is a weekly newspaper .
of general circulation, and is printed and published in whole or in Request: Change.of Zone from
"A" Agricultural District to "WI-
part in the said County of Weld in which said
^, . UD" Mobile HomesUnit Develop-
ment
is required by law-to be published, a copy of which is hereto at- `A tract-of.land located in the
tached. SWN of Section 3, Township:. 5
5. That the said The Greeley Booster is a weekly newspaper :North;.Range 66 West of the 6th
within the meaning of "An Act Concerning Legal Notices, Adver- I?:' M., Weld- County, Colorado,
tisements and Publications and Fees of Printers and Publishers mare-particularly described, true
Thereof and to Repeal all Acts and Parts of Acts in Conflict with - point of beginning at the WY,- Cor,
the Provisions of this Act," being Chapter 139 of the Session Laws , 'Section 3 thence S 89°5r 56'
of Colorado of 1923 as amended by Chapter 113 of the Session 'E, 1745.85 feet:thence S 00°20'16"-
Laws of Colorado of 1931, and later amended by Chapters 155 to W 1130.92 feet: thence N 82°11'07'
156 of the Session Laws of Colorado of 1935. -West 449.65 feet: thence S 64'53'
6. That the said annexed 59' W 378.17 feet: thence N 26°45'
'-i:ic 38" West 182.00 feet: thence N 45°
. 1:17'43" W 102.48 feet: thence S 79°
was published in the regularand entire edition of The Greeley 16'00'" W 86x56 feet: thence N CO
Booster, a duly qualified weekly newspaper for that purpose,with- 43'14".W 76.48 feet: thence-W 59°°
in the terms and meanings of the above named Acts. 24'11" W'446.63-feet: thence N 62
36'-25"W 451.22 feet: thence,N 7°
7. That the said annexed
55'dl` E 543A0 feet to the-true
.... , 4I4I4I. point of beginning. Containing 38
is a full,true, and correct copy of the original which was regularly (. .acres more.or less.
published in each of the regular and entire issues of said news- I Dated: October 21 1970
paper, a legally qualified paper for that purpose, once each week,
on the same day of each week, for successive weeks THE BOARD OF
by -' o insertions and$thgt tZir$irsipublication thereof
'i: 3 ,, t. COUNTY CON1MtS5tONER5
was m the issue dated and (I
WELD.COUNTY, COLORADO
that t �t public i w e 1 dated '' `n
Z > By; ANN SPCMER
Sub ed and sworn to before e this(."-L-'
his( l day 4 COUNTY EliteAND
of ` t�� i-# ?��-- RECORDER AND
CLERK .TO THE BOARD
published in The Greeley Boos-
ter October 23, 1990 and Novelty --
bar 20. 1970
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