HomeMy WebLinkAbout20180687.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF CORRECTED MINOR AMENDED USE BY
SPECIAL REVIEW PERMIT, MUSR15-0016, (FORMERLY USR-1268 AND
AMUSR-1268) - ESTATE OF EDWARD J. FRITZLER AND EILEEN FRITZLER, CIO
CHERYL MITCHELL, PERSONAL REPRESENTIVE
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, on January 12, 2017, Planning Services staff did approve the request of
Edward and Eileen Fritzler, for Corrected Minor Amended Use by Special Review Permit, COR
MUSR15-0016, (formerly USR-1268 and AMUSR-1268), for a Recreational Facility with uses
similar to those seen at Guest Farms and Fairgrounds in the A (Agricultural) Zone District, on the
following described real estate, to -wit:
Lot D of Corrected RE -3966; being part of the N1/2,
Section 22, Township 4 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, the Board has received a request from the current property owner, Estate of
Edward J. Fritzler and Elieen Fritzler, c/o Cheryl Mitchell, 15630 Highway 256, La Salle, Colorado
80645, to partially vacate Corrected Minor Amended Use by Special Review Permit, COR
MUSR15-0016, (formerly USR-1268 and AMUSR-1268), and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, conditional
upon the following:
1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant
shall submit a revised plat, titled "Partial Vacation of Corrected Use by
Special Review Permit, COR MUSR15-0016, (formerly USR-1268 and
AMUSR-1268)", conforming to Section 23-2-260.D of the Weld County
Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, COR MUSR15-0016. (formerly USR-1268
and AMUSR-1268), be, and hereby is, partially vacated, with the abovementioned condition, with
said plat to be titled and recorded as Partial Vacation of Corrected Minor Amended Use by Special
Review Permit, COR MUSR15-0016.
4386699 Pages: 1 of 2
03/29/2018 01:44 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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GPPL , GPPL RE.P
2018-0687
PL1415
PARTIAL VACATION OF CORRECTED MINOR AMENDED USE BY SPECIAL REVIEW
PERMIT, MUSR15-0016, (FORMERLY USR-1268 AND AMUSR-1268) - ESTATE OF EDWARD
J. FRITZLER AND EILEEN FRITZLER, C/O CHERYL MITCHELL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of March, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
dit.44)
Weld County Clerk to the Board
BY: %Lul
Deputy Clerk to the B
APP o vi'D AS
ounty A orney
Date of signature: D3 /8
4386699 Pages: 2 of 2
03/29/2018 01:44 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Ni I MIN wa ID 1.1 i "Ill
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro -Tern
EXCUSED
Sean _ P. Co way
( ((/
Julie A. Cozad
Mike Freeman
2018-0687
PL1415
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Michelle Martin, Planning Manager
SUBJECT: Partial Vacation of Corrected MUSR15-0016
HEARING DATE: March 5, 2018
APPLICANT: Estate of Edward J. Fritzler and Eileen Fritzler c/o Cheryl Mitchell, Personal
Representative
LEGAL DESCRIPTION: Lot D of Corrected RE -3966 being a part of the N2 of Section 22, T4N, R66W
of the 6th P.M., Weld County, CO
LOCATION: South of and adjacent to CR 44 and East of and adjacent to CR 31.
PARCEL NUMBER: 105722100021, 105722100022, 105722100023 and 105722100024
PARCEL SIZE: +/- 265 acres
ZONE DISTRICT: A (Agricultural)
NARRATIVE: The Department of Planning Services has received the attached letter dated
February 14, 2018 from Fred Otis of the law office of Otis, Bedingfield & Peters,
LLC. Fred Otis is representing the property owner the Estate of Edward J.
Fritzler and Eileen Fritzler c/o Cheryl Mitchell, Personal Representative. Mrs.
Mitchell is requesting a partial vacation of Corrected MUSR15-0016 to remove
Lots A, B, and C of RECX17-0190 from the Use by Special Review area. In
conjunction with this proposal Mrs. Mitchell was conditionally approved by the
Weld County Planning Department for a four (4) Lot Recorded Exemption
RECX17-0190 on December 20, 2017. Recorded Exemption RECX17-0190 is
being done to create a lot for a family member and two additional lots. If the
partial vacation is approved, the applicant is required to submit a revised USR
map per Section 23-2-280 of the Weld County Code and a preliminary map has
been included in this request.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
Background Information
September 6, 2000: USR-1268, was approved for A Site Specific Development Plan and Special
Review Permit for a Guest Farm in the A (Agricultural Zone District.
October 7, 2005:
July 27, 2016:
AMUSR-1268 was approved for A Site Specific Development Plan and Amend
Special Review Permit for a Recreation Facility with uses similar to those seen at
Guest Farm and Fairgrounds in the A (Agricultural Zone District.
A Minor Amendment MUSR15-0016 was approved to include an escape room
modular, ticket office, concession building, modular trailer haunt, beer garden,
Partial Vacation of USR-103.6 I Circle B Land Company, LLC
Page 1 of 2
2018-0687
Pt-L4-tIS
tetherball, tire climb, dog agility show, and other similar activities to the previously
approved Use by Special Review AMUSR-1268.
January 12, 2017:
A corrected plat of MUSR15-0016 was needed to correct a typo found in the legal
description.
Partial Vacation of USR-1036 I Circle B Land Company, LLC
Page 2 of 2
OTIS, BEDINGFIELD &PETERS, LLC
ATTORNEYS AT LAW
February 14, 2018
Weld County Planning
Attn: Michelle Martin
1555 N. 17th Avenue
Greeley, CO 80631
RE: Partial Vacation of USR / Fritzler MUSR 15-0016
Dear Michelle:
Fred L. Otis
The Doyle Building
1812 56th Avenue
Greeley, CO 80634
970-330-6700
fotis@nocoattorneys.com
As you are aware, Recorded Exemption RECX 17-0190 was filed for property that is part
of MUSR 15-0016 ("USR"). In RECX17-0190, three new lots are being created (Lots A,
B and C). Applicant is hereby requesting that Lots A, B and C be vacated from their
current USR.
Enclosed is a revised USR Plat showing the vacated portion of the property and the
existing permit.
Sincerely,
Otis, Bedingfield & Peters, LLC
P.L.
Fred L. Otis
Attorney at Law
Corrected MUSR 15-0016 Partial Vacation
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Corrected MUSR 15-0016 Partial Vacation
Legal Desaionan before Ilse Pal Vacation Lot Recorded Exemption RE -3.0O
Being pad of. N2 Section 22, rowan'', 4, Range BB Wein oflhe Bin PM.. WNd County, Colorado
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Detail
Legal Daemon., ore the Panel VocalJon LM D PemMed Exemption REJtefl
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Detail 2
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