HomeMy WebLinkAbout780416.tiff RESOLUTION
RE: APPROVAL OF LOT SIZE VARIANCE NO. 67 - ARCHIE GLENN.
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 has determined
at a public hearing held on the 26th day of June, 1978, in the
Chambers of the Board of County Commissioners of Weld County,
Colorado, that a certain tract of land is owned by Archie Glenn,
which land is more particularly described as follows:
Part of the W1/2W1/2 of Section 1A, Tbwnship 7 North,
Range 67 West of the 6th P.M. , Weld County, Colorado
WHEREAS, the owner of said tract of land desires to obtain
a variance from the minimum lot size requirement so that said
applicant may make application to the Board of County Commissioners
for a recorded exemption, as set forth in Section 9-4.A. (6) of
the Subdivision Regulations, and
r
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, feels that the applicant has shown good cause for granting
a lot size variance under Section 9-4.A. (6) of the Weld County Sub-
division Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that a variance from lot size
requirements, be and hereby is, granted to Archie Glenn for the
above described parcel of land.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 26th day of
June, A.D. , 1978.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ' ' 1 / `;witeeta;/ WELD COUN Y, COLORADO
Weld County Caerk and Recorder J
and Clerk to the Board
r NO)
BY: `� �� d � �/ '
D puty oun y Clerk !� t t
APPROVE AS TO FORM:
ae-puet"...sk. • g, (No)
Asst. Coun y Attorney
,;, . Date Presented: July 5 , 1978
j p
r:e c;:. 780416
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
Wilk
COLORADO
June 26, 1978
Board of County Commissioners
Weld County Centennial Center
915 - 10th Street
Greeley, CO 80631
RE : LSV-67
Dear Commissioners :
The attached letter and related materials are in reference
to a request by Mr. Archie Glenn for a lot size variance.
The property is described as Pt . 10,W-1- Section 14, T7N, R67W
of the 6th P.M. , Weld County, Colorado. This property is
located 3 miles north and 1 mile west of Severance. The
property in question contains approximately 104 acres of
Class IV and VI non-irrigated soils. The request is to
obtain a variance from the minimum lot size requirement ,
Section 9-4 A. (6) , so that he may make application to
apply for a recorded exemption. Section 9-4 A. (6) of the
Weld County Subdivision Regulations states:
"That the original tract or parcel of land
to be divided under this section meets the
minimum lot size requirement established
by the Weld County Zoning Resolution;
variance from this requirement being
allowed only upon good cause being shown
to the Board of County Commissioners or
where said tract or parcel of land lies
within the Comprehensive Plan area of an
existing incorporated town of Weld County
(Revised 4-17-74) . "
If this lot size variance is granted, Archie Glenn will pro-
ceed with his application for a recorded exemption to divide
the property into two parcels. One parcel is proposed to
contain approximately 16 acres which will be used as a resi-
dential building site. The second parcel of approximately
88 acres will continue to be used for agricultural purposes.
Mr. Glenn' s residence and other improvements are located on
the proposed 88 acre parcel.
Board of County Commissioners
LSV-67
June 26, 1978
Page 2
Based upon the information submitted and the adopted policies
in the County, the Department of Planning Services Staff
recommends this request be denied for the following reasons :
1. The proposed request does not comply with the Weld County
Comprehensive Plan because it would promote non-agricul-
tural use of agricultural land and it would encourage
urban encroachment on rural land use.
2. This request is not in conformance with the intent
clause of the Agricultural Zone District (Section 3. 3 A.
of the Weld County Zoning Resolution) which states:
"Intent - the intent in establishing the A-
Agricultural Zone District is to allow all
agricultural related use in those areas in
which agriculture is and should continue to
be the predominant land use. This district
is intended to discourage encroachment of
incompatible uses upon the agricultural land
in a district , to encourage agricultural
uses as the highest and best use of the land
in the district as compared with other uses
in conflict therewith, and to provide for
the orderly expansion of urban growth in
conformance with the Weld County Comprehen-
sive Plan. "
This request would not be encouraging agricultural uses
as the highest and best uses, it would not be providing
for the orderly expansion of urban growth, and it would
be promoting the division of agricultural land into
smaller less economic parcel sizes.
3. This request is not in compliance with the intent clause
of the recorded exemption procedure (Section 9-2 of the
Weld County Subdivision Regulations) . Said clause states :
"The intent in establishing the recorded exemp-
tion procedure is to provide, in accordance
with the Weld County Comprehensive Plan, a
means whereby non-productive agricultural
lands may be developed for higher and more
productive uses insofar as such uses are
compatible with surrounding ;agriculutral
uses in areas where such land divisions are
proposed. (Revised 4-17-74)"
Board of County Commissioners
LSV-67
June 26, 1978
Page 3
The proposed 16 acre parcel has no improvements. If
this request is approved, it would allow a set of
improvements to be built on the 16 acre parcel , and
therefore, create an urban encroachment which would
be non-compatible with the Agricultural District .
4. The minimum lot size in the Agricultural Zone Dis-
trict for non-irrigated parcels is 160 acres. The
intent is to maintain tracts which are large enough
for farm purposes, and to assist in the encouragement
of agricultural uses as the highest and best use of
the land. This request is in violation of that intent .
Re e tfull
-7'
--/:
/IOW
homas E. Honn
Zoning Administrator
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i., i ��a' e ! Recorded at 1 9 o'clock... rJ \I., Gl
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1497320
Reception N. � '� cord(r, i ihl O
. A„ ,---- 1 11
THIS INDENTURE, Made this 22nd (lay of June , 19 66, between
t Ii
ARCHIE R. GLENN and OLINDA GLENN
I whose address is Box 97 A , Fort Collins , Colorado,
m ( part le Sof the first part, and the Public Trustee of the County of WELD 1
1 in the State of Colorado, party of the second part, Witnesseth: i j
THAT, WHEREAS, The said i
1 II
ARCHIE R. GLENN and OLINDA GLENN
1
i ha ye executed their promissory note bearing even date herewith, for the principal sum of
toN
NINETEEN THOUSAND NINE HUNDRED NINETY-SEVEN and 06/100 Dollars, H
(-) i, payable to the order of CLARENCE KOELE and MINNIE L. KOELE, as Joint Tenants )
0 ; whose addl'eg8 is 12264 Chapel View Drive , Dallas , Texas 75234 ,,
I In monthly installments after the date hereof, with interest thereon from the date thereof
.....0 !I
at the rate of Six (67) per cent per annttni,v,' II[M�l principal and interest payable `'
�? in monthly installments of ONE HUNDRED FIFTY DOLLARS ($150.00) perIIi
N.3 J: month, including interest; the first payment being due and payable
t
`�-7, I July 22 ) 1966 , and a like amount on the 22nd day of each and every I
' H month thereafter until paid in full. l
II (NOTE PROVIDES FOR DEFAULT CLAUSE AND ATTORNEY' S FEES) II
I
0 ' AND WHEREAS, the said part ies)f the first part are desirous of securing payment of the 'i
principal and interest of said promissory note in whose hands soever the said note or any of them may be. j
NOW, THEREFORE, The said part of the first part, in consideration of the premises, and for the purpose !j
aforesaid,do hereby grant, bargain, sell and convey unto the said party of the second part in trust forever, !I
1,
II the following described property, situate in the County of WELD , state of Colorado, to wit:
i' 4
The West Half of the West Half (W W3i) of Section Fourteen (14) , Town
il
ship Seven (7) North , Range Sixty-Seven (67) West of the 6th Princi- 1
I�
pal Meridian; excepting therefrom that part lying East of DohertyII
H Ditch Co. right-of-way; together with all water, water rights , ditch ,!!
" ditch rights , and all mineral rights . Subject to rights of way as I
I! conveyed in Deeds recorded in Book 241 , Page 335 , and in Book 1313 ,
Page 354; TOGETHER with all improvements thereon and all permanent
fixtures, including pressure system, ant. 81 acre foot units of Colo- 1!
L rado Big Thompson Project Water .
TO HAVE AND TO BOLD the same, together with ;ell :end singular the privileges and appurtenances thereunto
belonging: In Trust Nevertheless, That in case of default in the payment of said note or any of them, or any part
i. ii
thereof, or in the payment of the Interest thereon, according to the tenor and effect of said note or any of them, or
in the payment of ally pi for encumbrances, principal or interest, if any, or in case default shall be nutde in or in case of
iI V total tot or breach of any of the terms, conditions, covenants or agreements herein contained, the beneficiary here
tender or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein i'
contained and elect to advertise said property for sale and demand sttc•h sale, then, upon filing notice of such election 1+
and demand for sale with the ;.raid party of the second part, who shall upon receipt of such notice of election awl ii
d.'uuuad for sale cause a copy of the saute to be recorded 1u the recorder. office of the county 1n which said real estate
is situated, it shall and way lie lawful for said party of Ito' second part to sell and dispose of the, same (ett nuir+sae ur
'
in separate parcels, as the said Public Trustee may think best), and all the right, title and interest of said part ies of
the first part, their heirs or assigns therein, at public, auction at the ma in front door of the
Court House, in the County of We 1d state of Colorado, or on sa lei premises, or any part thereof as
' may be specified in the notices of said sale, for the highest and hest price the same will bring in cash, four weeks' public 1;
notice having been previously given of the time and place of such sale, by advertisement, weekly, in seine newspaper of I
I! general circulation at that time published in said county of Weld a copy of which notice shall be mailed !I
within ten days from the dater of the first publication thereof to the said part iesof the first part at the address herein iI
Igiven and to such person or persons appearing to have acquired a subsequent record interest in said real estate at the
address given in the recorded instrument; where only the county and state is given us the address then such notice shall i!
1 be mailed to the county seat, and to make and give to the purchaser or purchasers of such property at such stale, a s'
certificate or certificates in writing describing such property purchased, and the stem or sums paid therefor, and the i I
time when the purchaser or purchasers (or other person entitled thereto) shall be entitled to a deed or deeds therefor, '
unless the same shall be redeemed as is provided by law; and said Public Trustee shall, upon demand by the person or i
persons holding the said certificate or certificates of purchase, when said demand is made, or upon demand by the person I,
entitled to a deed to and for the property purchased, at the timesuch demand is made, the time for redemption having II
I expired, make and execute to such person or persons a deed or deeds to the said property purchased, winch or deed
I deeds shall lie in the ordinary form or a conveyance, andshall be signed, acknowledged and delivered by the said Piddle
Trustee, as grantor, and shrill convey and quit-claim to such person or persons entitled to such deed, ay grantee, the sand li
i'
property purchased as aforesaid and all the right, till', interest, benefit and equity of redemption of the par't1 e$e,f the i
!I first part, their heirs and assigns therein, and shall recite the suer or sums for which the said property I
i. was sold and shall refer to the power of sale therein contained, and to the sale em• wales made by virtue thereof; and in rtes,' rI
of au atssignrnent of such certIfiraito or certificates of pur•chase, or• iu case of the redemption of such property, by a. snl'se-
I quent encumbrancer, such assignment or redemption shall also he referred to in such deed or deeds: but the notice of sale
Ii need not be set out in such deed or deeds; and the said Public Trustee shall, out of the proceeds or avails of such sale, fi
i, after first paying and retaining- all fees, charges and costs of making said rattle, pay to the beneficiary hereunder or the I!
j, legal holder of said note tite principal and interest due on said note according to the tenor and effect thereof, (II
II ii
and all moneys advanced by such beneficiary or• legal holder of said note for insnranee, taxes and assessments, with
'; interest thereon at 12 per cent per annum, rendering the ore'rpll s, if :any, unto the said part ies of they first part, j
Jj
i1 their legal representatives or assigns; which sale or sides and said deed or deeds so made shall a perpetual bar, 1I
I! both in hew and equity, against the said part ies of the first part, their heirs and assigns, and till
other persons claiming the said property, or any part thereof, by, from, through or under said part leaf the first part, I
or any of theist. The holder or holders of said note or notes may purchase said property or arty part thereof; and it shall ji
II not be obligatory capon the purchaser or purchasers rat any such sale to Si'.- to the :epplicret ion of the purchase money. I1'
!' a release deed be required, it is agreed that the partieS of the first part, their heirs Or assigns, will pay I'
Ithe expense thereof. iI
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'I No. mall-A. DEED Ole"rltliST•—Public Trader—•iteeriver'M ('mace—Attorney's Dees. I
, - ftrnetforel-ltechinson Printing Company, 15'2.1-4f Stout Street, Denver, ColO0,11111h. I
mot ,
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a00‘ 5�!r 5 149'7320
And the said paartleS of the first part, for theMS el. 'es find for their heirs, executors utors and
administrators, covenant and agree to and with the said party of the second part, that at the time of the onsealing of
and delivery of these presents they are well seized of the said lands and tenements in fee simple, and have
good right, full power and lawful authority to grant, bargain, sell and convey the some in manner and form as aforesaid;
hereby fully and absolutely waiving and releasing all rights and claims they may have in or to said lands,
tenements, and property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General
Assembly of the State of Colorado, now existing or which may hereafter be passed in relation thereto and that the same
are free and clear of all liens and encnrnbrauaees whatever. Except taxes for the year 1966 and
subsequent years ; and except easements , restrictions and rights of way
of record.
and the above bargained property in the quiet and peaceable possession of the said party of the second part, his successors
and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said
part ies of the first part shall and will Warrant and Forever Defend.
And that during the continuance of said indebtedness or any part thereof, the said part ieS of the first part
will in due season pay all taxes and assessments levied on said property; all amounts due on account of principal
and interest on prior encumbrances, if any; and will keep all buildings that may at any time be on sold lands, insured
against loss by fire with extended coverage endorsement in such company or companies as the holder of said note
may, from time to time direct, for such sum or sums as such company or companies will insure for, not, to exceed the
amount of said indebtedness, except at the option of said part ies of the first part, with loss, if any, payable to the
beneficiary hereunder, as the iCterest may appear, and will deliver the policy or policies of insurance to the beneficiary
hereunder, as further security for the indebtedness aforesaid. And in case of the failure of said part ieS,f the first part
to thus insure and de"fiver the policies of Insurance, or to pay such taxes or assessments or amounts duo or'to become due
on any prior encumbrances, if any, then the holder of said note , or any of them, amity procpr;e such insurance,'or pay
such taxes or assessments or amounts due upon prior encumbrances, if any, and all moneys tltitis paid,:with interest thereon
at 12 per centum per annum, shall become so much additional indebtedness, secured by this Deed of Trust,and shall
be paid out of the proceeds of the sale of the property aforesaid, if not otherwise paid by said pa}t't ieS,.of the first part
and may for such failure declare a violation of this covenant and agreement.
AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occars hereunder, the said party of
the second part or the holder of said note or certificate of purchase, shall at once become entitled to the possession, use
and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and
during the pendency of foreclosure proceedings and the period of redemption, if any there be;-.and such possession shall at
once be delivered to the said party of the second part or the holder of said note or certificate of purchase on request,
and on refusal, the delivery of such possession may be enforced by the said party of the second part or the 'holder.of said
note or certificate of purchase by any appropriate civil suit or proceeding, and the said party of the second part, or
time holder of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said property,
and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and
the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency
or insolvency of the partleSof the first part or of the then owner of said property and without regard to the valets thereof,
and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice—
notice being hereby expressly waived—and all rents, issues and profits, income and revenue therefrom shall be applied by
such Receiver to the payment of the indebtedness hereby secured, according to law and the orders and directions of the court.
AND, That in case of default in any of said payments of principal or interest, according to the tenor and effect of
said promissory note aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants
or agreements herein, by the parties of the first part, their executors, administrators or assigns, then and in that
case the whole of said principal sum hereby secured, and the interest thereon to the time of sale, may at. once, at the option
of the legal holder thereof, become clue andpayable, and the said property be sold in the manner and with the same effect
as if said indebtedness had matured, and that if foreclosure be made by the Public Trustee, an attorney's fee of the sum of
One Thousand and no/100 ($1,000.00) dollars for services in the supervision of said foreclosure
proceedings shall be allowed by the Public Trustee as a part of the cost of foreclosure, and if foreclosure be made through
the courts a reasonable attorney's fee shall be taxed by the court as a part of the costs of such foreclosure proceedings.
IN WITNESS WHEREOF, The said parties of the first part h3Je hereunto set their hand S and
sealS the clay and year first above written.
WITNESS: /✓� �,
r ( i/ /, ' ) 'c / : 1 .
" t.' �r '` [SEAL]
',t,,,isiataatat,,,,,, ti. AArc'h i.e R. Glenn
`' ` S '', j [SEAL]
T ,_. [SEAL]
o-:•t O `i3 t?1-crF,�Q.oLORADO, 1 Ol.inda..Glenn ��
• }as. The fore g instrument was ac nuts tdge be ore me this.
Q.(144*
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.. ••40�>'O`'' `, ,try. 1 day of , 19..66., by....&Chie..R.....G.1efn
• ::, Pv ' N(, : • and..0.11nda..G1e.�.n
O % My commission expires S./9`4
.-,'",41. .. \ 11'ltness my hat d and offlci s‘al. ,
/ tJ 1. `
,,,e,„ ,+.. Notary Public.
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BOARD OF DIRECTORS •
ERNEST TIGGES =�- NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE ! HIGHWAY 85 LUCERNE, COLORADO 80646
GARY SIMPSON 2. li y
TOM REED . ' ;M,rn LYLE NELSON, MGR.
P.O. BOX 56 - PHONE 356-3020
May 3 , 1978
Mr. Archie Glenn
10215 Weld CoRd 80
Ft . Collins , CO 80521
RE: Water Service
Dear Mr . Glenn:
This letter is in response to your inquiry regarding water
service to the following described property :
W2W2 Section 14 , Township 7North, Range 67 West
of the 6th P.M. , Larimer County, Colorado
1 . Water service is presently being provided to the
above described property .
2 . X Water service can be made available to the above
described property provided all requirements of
the District are satisfied.
If contracts have not been consumated with North Weld County
Water District within one year from date of this letter , this
letter shall become null and void.
Additional comments :
Sincerely , ; 1%293031
ica
NORTH WELD COUNTY WATER DISTRICT : i'Lc�� `�
414),7978 s
4Ec�.1 rn
No
t g Nor, Vet o
nt (40
Ly e D. Nelson, Manager �"" 164/4/0 1 $4-1\ 4LDN/
•
Weld/ BOARD OF HEALTH
WV el County Health .department DAVID WERKING, DDS,Greeley
FRANKLIN D. YODER, MD, MPH RALPH MB, Greeley
Director 1516 HOSPITAL ROAD WILLIAM BLICK, Roggen
GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley
(303)353-0540 DONALD HERGERT, Windsor
ANNETTE M. LOPEZ, Greeley
HERSCHEL PHELPS, JR., M.D.,
Greeley
t KATHLEEN SHAUGHNESSY, Ault
June 15, 1978 JOE STOCKTON, Gilcrest
Garay Fohtneh, Vihectoh
Ptann-Lng Commi66ion
915- 10th Sthee-
Ghee.tey, Cotohado 80631
TO WHOM TT MAY CONCERN:
Thi4 depahtment ha4 hev-.ewed the apptJ ca-t-.on z ubm L ted b y:
Ahchie G,eenn Ooh a LSV-67 : 78 : 11 .
The £ocat-Lon o4 the sand Ooh thi6 apptication Lis :
Pt. W % W % Section 14, T7N, R6 7W.
We hecommend: ((X..X Apphovat
V.i4apphovat
Comment :
Any hers-dence p-1.anned ioh the 16 ache tot would have
to be 4ehved by an indiv-Lduat 4ewage d-L popsa.e z yztem
6oh which a pehmit mutt be 44-ted hough out depahtment.
S Lncehe.ey,/(9"4‘14d/ il
Ronatd K. tow
Envtihonmentat Heatth Sehvice4
R KS:j z 1,�1t.15 76177
JLtN 9%8 _'�
�' �EC.��vED '`
�-- 'e1d Coup `A:'
\,.
41
A MEMORAFIDUM
To Planning Commission Date June 16 , 1978
COLORADO From
Gilman E . Olson ,
subject: Archie Glenn , L . S . V .
There are no engineering problems anticipated by this
request . Any new access from Weld County Road 80
must have prior approval and any access from the north
should have State Highway approval .
C p f
Gilman E . Olson
GEO : sar
oco171819?0�
RJUN 1978 z'''
Ecg.1VZ
D
Cr) Man9 rsa
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I
STATE DEPARTMENT OF HIGHWAYSWeld County
JACK KINSTLINGER EXECUTIVE DIRECTOR SH 14
Archie Glenn
DIVISION OF HIGHWAYS DISTRICT t Size Var.
E. N. HAASE r ' ! DWIGHT M. BOWER
CHIEF ENGINEER N'4S/NENQ_.\a
DISTRICT ENGINEER
STATE OF COLORADO W. z of Sec. 14,
P.O. BOX 850-1420 - 2ND ST. • GREELEY, COLORADO 80631 • (303) 353-1232 T. 7 N. , R. 67 W.
June 15, 1978 DOH FILE 45100
Mr. Chuck Cunliffe
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Cunliffe:
The Colorado Division of Highways has reviewed the application from Archie
Glenn for a Lot Size Variance, and we find no conflicts with our interests. We
do ask that access to the 16-acre parcel remain the same as it presently exists
if this land is sold. If this site is to be developed, it would be our prefer-
ence that the access be moved to the county road along the west side of the
property. Mr. Glenn would still have access to the remaining portion of the
property via the county road one mile south of State Highway 14.
Thank you for the opportunity to review this request.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
Albert Chotvats
Assistant District Engineer
AC: da
cc: D. M. Bower \b:\c,161718j -�
Fraser Yost
File: Crier-Jacobson via Finch-Graham ��`�
w/encl . 'g�8 �'
o REC
1(, v
07 pia eve
�At ea_ 14,
FIELD CHECK
FILING NUMBER: \.16\J ' (p, DATE OF INSPECTION: (QiZZ I I b
NAME : P\ v.ci.Nvie...1 0..7\env\
,,, . .
REQUEST: `a4' '"*Z‘.1.‘e..... \..104.V‘aK.AA..0
LEGAL DP,SCItIPTI0N: 1:4 % WI. U.S... eizzC.. A- � T� N 1�� (.61W
LAND use : N Ni&1(11AklAreN\
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ZONING: N NerLiqUkra\
LOCATION: -1 Vy0,Q,S W.Qpr E .,
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