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HomeMy WebLinkAboutTHORLAND SUBDIVISION PDP - PDP - 9-08 - REPORTS - CORRESPONDENCE-HEARINGJ Findings and Resolution Blehm Sub. Lot 1 AP Page 3 Commissioners Rennels, Eubanks and Gibson voted in favor of the Findings and Resolution, and the same were duly adopted. DATED this n6� day of , 01X� ucu- 20Q27.' cOUNTy'•''•,BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY COLORADO SEAL = By. c �'•;, (SEAT.)..... •� ` ,,,;: Cha' '''•,, COLORP�O •`'� Clerk DATE17 - APPROVED AS TO FORM COUNTY ATTORN Y Findings and Resolution Blehm Sub. Lot 1 AP Page 2 lot, the property owner would still have to seek approval of a subdivision application (through the City of Fort Collins due to contiguity), which application would require the applicant to demonstrate that irrigation patterns would not affect any new residential uses or restrict the irrigation uses of the adjoining properties. Therefore, in order to allow the property owner the ability to submit for a subdivision application he is requesting removal of the Plat note as it applies to Lot 1 of the Blehm Subdivision. 7. All review criteria have been met as follows: a. No new lots will be created by the amended plat. The subject request to amend the Blehm Subdivision plat is to only modify a note on the plat restricting the placement of dwelling units north of the irrigation lateral bisecting the lot. b. The amended plat will not create a nonconforming setback for any existing building. C. The Amended Plat will not adversely affect access, drainage or utility easements or rights -of -way serving the property or other properties in the area. d. All existing covenants and deed restrictions applicable to the subject properties will remain in effect as noted on the proposed amended plat. RESOLUTION WHEREAS, the Board of County Commissioners has made its findings upon the request to amend the plat of Lot 1 in the Blehm Subdivision to delete the following plat note: "Residential construction must remain inside lot lines (with appropriate setbacks) and within the ditch easements to the north and south of noted areas," which findings precede this resolution, and by reference are incorporated herein and made a part hereof, and WHEREAS, the Board of County Commissioners has carefully considered the request, evidence and testimony presented to it, and has given the same such weight as it in its discretion deems proper, and is now fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED That the request to amend the plat be and the same hereby is approved with the following condition: 1. No further residential development shall occur on Lot 1 until a subdivision application is approved. Said approval shall require the installation and use of public sewer facilities. RE`PTIONM 20080000911, 01/03/2008 at ~ 01: 10 PM, 1 OF 3, R $0.00 TD Pgs: 0 Scott Doyle, Larimer County, CO FINDINGS AND RESOLUTION Approving the Amended Plat of Lot 1 in the Blehm Subdivision The request to amend the plat of Lot 1 in the Blehm Subdivision to delete a plat note has heretofore been filed with the Board of County Commissioners of the County of Larimer. On December 3, 2007 in the County Board Hearing Room of the Larimer County Courthouse, Fort Collins, Colorado, the Board of County Commissioners of the County of Larimer conducted a public hearing on said request. The Board of County Commissioners having heard the testimony and evidence adduced at said hearing, and having considered and carefully weighed the same, and having received the recommendations of the County Planning Staff, now makes the following findings: 1. Notice of this hearing was duly advertised in a local newspaper of general circulation. 2. The County Planning Staff has made certain recommendations concerning this request, which recommendations are contained in the agenda for the December 3, 2007 meeting of the Board of County Commissioners and are filed with the record of this proposal. 3. The applicant is proposing to amend the plat of Lot 1 in the Blehm Subdivision to modify a plat note prohibiting the construction of dwelling units north of the existing irrigation lateral. The note being modified was placed on the face of the plat when recorded in 1975, and applied to all 7 lots within the project boundaries. This plat note reads as follows: "Residential construction must remain inside lot lines (with appropriate setbacks) and within the ditch easements to the north and south of noted areas." 5. While not entirely known, the intent of this note appears to be to prohibit residential uses north of a irrigation lateral that bisects all of the lots near the southern % of each lot. This was most likely due to the fact that the lots were irrigated agricultural land and placing residential uses below the irrigation lateral would cause compatibility issues (flooding of basements and the like). The properties are now situated within the City of Fort Collins GMA and are becoming surrounded by single family home sites. Based on the pattern of development in the area the property owner of Lot 1 is now investigating development of the property into more than one lot. This cannot be accomplished because of the plat note. 6. The subject lot is on the up -hill side of the irrigation pattern and thus would not likely be impacted by the irrigation if this note was deleted. If the note were removed from this `Return to. Pl do 09 --5 a94t!)