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Home My WebLink About20143066.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0038, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, AN OFFICE BUILDING, AND A DUMP STATION) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL) ZONE DISTRICT - MELVIN AND JULIE ELLIS, C/O SCOTT MCBRIDE 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, the Board of County Commissioners held a public hearing on the 8th day of October, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Melvin and Julie Ellis, 1616 Fairacres Drive, Greeley, CO 80631, c/o Scott McBride, 2200 San Miguel Drive, Severance, CO, 80550, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0038, for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, an office building, and a dump station) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE-5078; being part of the E1/2 NW1/4, W1/2 NE1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant, Scott McBride, was present, 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 recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the concurrence of three of the members of the Board is required to approve a Resolution, and WHEREAS, the motion to approve received only two votes and therefore failed; and the effect of the failure to obtain a majority vote is a denial of the motion. 4059047 Pages: 1 of 4 11/04/2014 01:06 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 2014-3066 VIII M1r116�tF I I�h 1�4RlhIW'�R�ARRil: 6 14 11 11 111 PL3066 i ` t'4,PL h� , Ht.,AWL.I 1/20 DENY USE BY SPECIAL REVIEW PERMIT (USR14-0038) - MELVIN AND JULIE ELLIS, C/O SCOTT MCBRIDE PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Melvin and Julie Ellis, c/o Scott McBride, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0038, for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, an office building, and a dump station) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of October, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LORADO ATTEST: fd des. L o v� � CC// G K ��osglas 66ttademache hair Weld County Clerk to the Board A' 11'bara Kirkmey , Pro-Tem yn Depu �lerk to the B.=rd � 1 _ �,.1O1 P. Conway ike Free an ounty Attorney /l William F. Garcia Date of signature: 10/3( 4059047 Pages: 2 of 4 11/04/2014 01:06 PM R Fee:$0.00 Steve Moreno Clerk and Recorder. Weld County COI 2014-3066 lIII M!�1FrlLklrtilfelllikAO!DO l�+�Lr}h�a�,WI�I 11111 PL3066 WELD COUNTY ATTORNEY'S OFFICE 1861 1150 O STREET P.O. BOX 758 P . r'I/ tr'r! - l( GREELEY, CO 80632-0758 WEBSITE: www.co.weld,00.Us II f ��. ', �� PHONE: (970) 336-7235 -- FAX: (970) 352-0242 U GO N TYf Scott McBride 2200 San Miguel Drive Severance, CO 80550 polyguardcovers@Ipbroadband.net September 13, 2014 Re: USR14-0038 Denial Mr. McBride, On October 8, 2014, a hearing was held before the Weld County Board of Commissioners regarding your request for approval of USR14-0038. A motion to approve USR14-0038 was supported by Commissioners Garcia and Rademacher and opposed by Commissioners Conway, Freeman,and Kirkmeyer. As a result of the voting,the motion to approve was defeated. A subsequent motion to deny USR14-0038 was defeated by votes in opposition from Commissioners Conway,Garcia, and Rademacher. A final motion to continue the matter to October 29, 2014,was approved. Upon further review and consultation with the County Attorney regarding the above motions and votes, I have concluded that the initial defeat of the motion to approve resulted in the denial of USR14-0038. Because the defeat of the motion to approve resulted in a denial of USR14-0038,the subsequent motions to deny and continue the matter were moot. As a result, USR14-0038 is now considered to be denied and the written resolution associated with this case will reflect this result. Pursuant to Weld County Code Section 2-3-10,a denied land use application may not be resubmitted for a five year period following denial. However,as described in Section 2-3-10,a denied land use application for which there has been a"substantial change in the facts and circumstances regarding the application subsequent to the original decision of denial," or for which there is"newly discovered evidence which would have been likely to affect the outcome of the original decision that the applicant could not have discovered with diligent effort prior to the original decision of denial," can create an exception to the five year waiting period. I understand news of this denial is quite disappointing after the amount of work you put into seeking approval for USR14-0038, and I wish you the best in your future endeavors. Sincerely, Brad Yatab@ Assistant We! ounty Attorney cc: Melvin Max&Julie Ellis 4059047 Pages: 3 of 4 11/04/2014 01:06 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 111110diff iili ills l,, lini }Ilinkf 4Ci thi, 11111 Esther Gesick From: Brad Yatabe Sent: Friday, October 24, 2014 12:58 PM To: kevin@kevinsellsnoco.com; gailwcoleman@msn.com; cooks1969@aol.com; davidpgeiler@gmail.com; lantuna@netscape.com; firestien138@gmail.com; judy@bracewellfarm.com Cc: kenkathy@slbbi.com; Esther Gesick Subject: Denial of Use By Special Review USR14-0038 RV and Boat Storage I am writing this email to you because your name and email were on the sign in sheet for the October 8, 2014, Weld County Board of Commissioner land use hearing for Use By Special Review Permit("USR") USR14-0038. The requested use was for RV and boat storage, an office building, and dump station and the requestor was Scott McBride. Near the end of the October 8, 2014, hearing on this case,the Board made a motion to approve the USR. This motion failed on a 2-3 vote. A subsequent motion to deny was made which also failed on a 2-3 vote. A final motion was made to continue the case to October 29 for further consideration and this motion on a 4-1 vote. Upon further review of the County Attorney's Office, it has been determined that the failure of the initial motion to approve resulted in the denial of the USR. Since the USR was denied at that point,the subsequent motion to deny and to continue were without effect. The official Board resolution reflects this denial and the continuation of the hearing on October 29th has been cancelled. I previously communicated this information regarding the denial to Kathy Schraeder, and I believe she communicated the information to a number of people interested in this case. I wanted to take the extra step of sending an email to people who signed the sheet,and by letter to those without email, to inform you of the result and to avoid you showing up unnecessarily on October 29. Please pass on this information to others interested in this case. Thank you. BRAD YATABE ASSISTANT WELD COUNTY ATTORNEY 115O O STREET MAILING ADDRESS: P.O. Box 758, GREELEY, CO 8O632 TEL: (97O) 3564OOO EXT. 4396 FAX: (97O) 352-O242 LW e. f r— � I. n COI or STATEMENT OF CONFIDENTIALITY& DISCLAIMER:THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE AND ANY ATTACHMENTS IS ATTORNEY-CLIENT PRIVILEGED, CONFIDENTIAL, AND INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS EMAIL IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR, PLEASE CEASE VIEWING THE CONTENTS, NOTIFY THE SENDER IMMEDIATELY BY REPLY EMAIL, AND PERMANENTLY DELETE THIS EMAIL AND ANY ATTACHED MATERIALS. 4059047 Pages: 4 of 4 11/04/2014 01:06 PM R Fee:$0.00 Steve Mor $ .00 1 U.S. Postal ServiceTM m CERTIFIED MAIL,, RECEIPT N (Domestic Mail Only;No Insurance Coverage Provided) Er For•eliverytnf rmati nvisit urwe•siteatwww.usps.c rn® ci p N l Postage $ rri p Certified Fee IOl3' p Postmark p Return Receipt Fee Here (Endorsement Required) u Restrictedm nt Fee - LEI (Endorsement Required) LEI ru Total Postage&Fees $ CI Sent To c iaut. fiV)) Cho6(et i Qom,' t� II1� {Q -�q/�-` T1 1` Street,OAPr . ° Pov ban - j! J / or PO Box No. C;Y.srare.ztP.a alGlA��Afllt as50 SEN• . C•MPLETE THIS SECTIW c�n�r't Fir rHIS SFcnoN ON�Fuvrry • Complete items 1,2,and 3.Also complete A Signature Item 4 If Restricted Delivery is desired. �/� O Agent • Print your name and address on the reverse X :�� ',L, �/' (a ❑Addressee so that we can aturn the card to yoU. B. Received by((Rioted Name) C. Dab of Delivery • Attach this the back of the mallplece, or on the front If s S _ • �I �� i r 1/ D. Is delivery address different front Item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No Clo &&C' ttt 1tIt&uLc �� j00 Sap r r C(( M ` 3. ce type i Certified Mall ❑Express Mall ``j /t,rt 'S SS O Registered O Retum Receipt for Merchandise l..0 O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7004 2890 0003 5708 9783 Monster nom seivbe label PS Form 3811,February 2004 Domestic Return Receipt tat-ta4o Hello