HomeMy WebLinkAbout780752.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 353 - MR. AND MRS .
ARNULFO LOPEZ, SR.
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, it has been determined by the Board of County Com-
missioners of Weld County, Colorado at a public hearing held on
the 4th day of December, 1978 in the Chambers of the Board of
County Commissioners of Weld County, Colorado that the division
into two parcels of a certain parcel of land, as shown on the
plat known as Recorded Exemption No. 353, being the property of
Mr. and Mrs. Arnulfo Lopez, Sr. , described as part of the North-
west Quarter of Section 6, Township 5 North, Range 65 West of
the 6th P.M. , Weld County, Colorado, being more particularly
described as follows :
LEGAL DESCRIPTION - NO. 1
(ASSUMING PARCEL TO BE PART OF SECTION 31, 'IGNSHIP 6
NORTH, RANGE 65 WEST, ACCORDING TO WELD COUNTY ASSESSOR)
A parcel of land in the Southwest Quarter of Section 31,
'Itromship 6 North, Range 65 West of the 6th P.M. , Weld
County, Colorado, being more particularly described as
follows:
Beginning at the Northeast Corner of said Section 1,
Tonwship 5 North, Range 66 West, and considering the
Fact line of said Section 1 to bar South 00°00'00"
West, (also the extension of the West line of Section
31) with all other bearings contained herein relative
thereto;
Thence South 00°00'00" West, 435.00 feet;
Thence South 88°16'10" Fact, 30.01 feet to the True
Point of Beginning;
Thence North 00°00'00" Fact, 60.03 feet;
Thence South 88°16'10" East, 267.56 feet;
Thence North 01°17'03" Fact, 251.00 feet;
Thence South 73°31'51" Fact, 514.40 feet;
Thence South 01°54'08" West, 368.20 feet;
Thence South 89°31'48" West, 432.67 feet;
Thence North 01°17'03" Fact, 204.70 feet;
Thence North 88°16'10" West, 326.22 feet to the True
Point of Beginning.
Said described parcel contains 5.1160 acres, more or
less, and is subject to any rights-of-way or other
easements as recorded by instruments of record or as
now existing on said described parcel of land.
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780752
LEGAL DESCRIPTION - NO. 2
(AS SITUATED ON THE GROUND)
A parcel of land in the Northwest Quarter of Section 6,
Township 5 North, Range 65 West of the 6th P.M., Weld
County, Colorado, being more particularly described as
follows:
Beginning at the Northwest Corner of said Section 6,
and considering the West line of said Section to bear
South 00°00'00" West, with all other bearings contained
herein relative thereto;
Thence South 00°00'00" Vest, 435.00 feet;
Thence South 88°16'10" Fast, 30.01 feet to the True
Point of Beginning;
Thence North 00°00'00" East, 60.03 feet;
Thence South 88°16'10" East, 267.56 feet;
Thence North 01°17'03" East, 251.00 feet;
Thence South 73°31'51" Fast, 514.40 feet;
Thence South 01°54'08" West, 368.20 feet;
Thence South 89°31'48" West, 432.67 feet;
Thence North 01°17'03" Fast, 204.70 feet;
Thence North 88°16'10" West, 326.22 feet to the True
Point of Beginning.
Said described parcel contains 5.1160 acres, more or
less, and is subject to any rights-of-way or other
easements as recorded by instruments of record or as
now existing on said described parcel of land.
does not come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , pursuant to its authority
under Section 30-28-101 (10) (d) , CRS 1973, as amended, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular division of land is not within
the purposes of the Weld County Subdivision Regulations and the
Board desires to exempt this particular division of land from the
definition of "subdivision" and "subdivided land" pursuant to its
authority under Section 30-28-101 (10) (d) , CRS 1973, as amended,
and Section 2-1A(3) of the Weld County Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the hereinabove described
parcel of land owned by Mrs. and Mrs. Arnulfo Lopez , Sr. be, and
hereby is, exempt from the definition of the terms "subdivision"
and "subdivided land" pursuant to its authority under Section
30-28-101 (10) (d) , CRS 1973, as amended.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
December, A.D. , 1978.
‘ p f- . BOARD OF COUNTY COMMISSIONERS
ATTEST: /i jr„ a4%4A p -4,A4 oni / D COUNTY, COLO
Weld County C e \ / l/t
rk and Recorder z-2,77-740.4Poterq
and erk to the rd
By: / i
eputy County C erk 11 `l�l /4Gt-'
APP D AS TO FORM: D-' - - C �� gti GI iE
c
County Attorney
Date Presented: December 11, 1978
RECORDED TFXEMPP/ONN2T96I - 6-2 - RE 353
LEGAL DESCRIPTION - NO. 1
(ASSUMING PARCEL TO BE PART OF SECTION 31 , f6N, R65W, ACCORDING TO WELD COUNTY ASSESSOR)
A parcel of land in the Southwest Quarter (SW%) of Section 31, Township 6 North,
Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly
described as follows :
Beginning at thw Northeast Corner of said Section 1 , Township 5 North, Range 66 West,
and considering the East line of said Section 1 to bear South 00°00'00" West , (also
the extension of the West line of Section 31) with all other bearings contained herein
relative thereto;
Thence South 00° 00'00" West, 435.00 feet;
Thence South 88° 16' 10" East, 30. 01 feet to the True Point of Beginning;
Thence North 00°00'00" East, 60.03 feet;
Thence South 88° 16' 10" East, 267.56 feet; /) I
Thence North 01' 17 '03" East, 251.00 feet ; 1
Thence South 73° 31 '51 " East , 514.40 feet ;
Thence South 01° 54'08" West, 368.20 feet; �1
Thence South 89° 31 '48" West, 432.67 feet;
Thence North 01° 17'03" East, 204.70 feet;
Thence North 88' 16' 10" West, 326. 22 feet to the True Point of Beginning.
Said described parcel contains 5. 1160 acres, more or less, and is subject to any
rights-of-way or other easements as recorded by instruments of record or as now
existing on said described parcel of land.
LEGAL DESCRIPTION - NO. 2
(AS SITUATED ON THE GROUND)
A parcel of land in the Northwest Quarter (NW-s) of Section 6, Township 5 North,
Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly
described as follows :
Beginning at the Northwest Corner of said Section 6, and considering the West line
of said Section to bear South 00° 00'00" West, with all other bearings contained ./
herein relative thereto; /1
Thence South 00°00'00" West , 435.00 feet; VV
Thence South 88° 16' 10" East, 30.01 feet to the True Point of Beginning; (�
Thence North 00° 00'00" East, 60.03 feet; A
Thence South 88° 16' 10" East , 267.56 feet ; 7 Thence North 01° 17'03" East, 251 .00 feet ; h
Thence South 73° 31 '51" East, 514.40 feet; II
Thence South 01° 54'08" West, 368.20 feet ;
Thence South 89° 31 '48" West, 432. 67 feet ;
Thence North 01' 17'03" East, 204. 70 feet;
Thnece North 88° 16' 10" West, 326. 22 feet to the True Point of Beginning.
Said described parcel contains 5. 1160 acres, more or less, and is subject to any
rights-of-way or other easements as recorded by instruments of record or as now
existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I hereby certify that this plat was•ppepared under my supervision; and that the
same is correct to the,Ipest .of Amy"knowledge and belief.
- - a, '6 ; :a 1 s .
JASPER F EE
COLORADO. E. k L.S. NO. 4392 e
2teese d)?g neering 7f-cea
•PEracPtD `"`.tnt°7?oN No C)61 - 6 -2 - RE 353
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RECORDED 6:'XEMPT/ON No u961 - 6-2 -RE353
PROPERTY OWNER'S APPROVAL
We, Arnulfo Lopez Senior and Leina Lopez, being the sole owners in fee of the above
described property do hereby subdivide the same as shown on the attached map.
Arnulfo Lopez Senior Leina Lopez
The foregoing certification was acknowledged before me this day of
, A.D. , 1978.
Witness my hand and seal. My commission expires
Notary Public
PLANNING COMMISSION CERTIFICATE
The accompanying plat is accepted and approved for filing.
C RMAN
Profs
ARD OF COUNTY COMMISSIONERS �!
ATTEST: County Clerk /)
B
Date /a- ii if
/
•
• e r
.Meese G"Jgz'eetzg r,6e3
.1
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
November 4, 1978
Board of County Commissioners
Weld County , Colorado
915 10th Street
Greeley, Colorado 80631
RE : RE #353
Dear Commissioners :
The attached application, plat and related items are in reference to a
request by Mr. and Mrs . Arnulfo Lopez, Sr. for a recorded exemption .
The parcel of land on which this request has been made is described as
Pt . of the NW4 of Section 6 , T5N, R65W of the 6th p .m. , Weld County,
Colorado. This property is located between 21st and 23rd Avenues with
Colorado and Southern Railroad as the north boundary. This property
has access off of 23rd Avenue by way of an easement . The request is to
split the property into parcels of 1. 000 acres and 4. 116 acres.
Mr. Lopez desires to build a residence on the 1. 000 acre parcel . The
4 . 116 acre parcel has an existing residential use and improvements located
on it .
Based upon the information submitted and the adopted policies in the
county, the Department of Planning Services staff recommends the request
be approved for the following reasons :
1. The request conforms with the recorded exemption and intent clause
in the Weld County Comprehensive Plan. The City of Greeley
Comprehensive Plan Future Land Use Map identifies the property under
consideration as low and minimum density residential uses . The
proposed use on the property will be compatible with surrounding
land uses .
2. The 5 . 116 acre parcel has a low utility for agricultural use due
to the amount of acreage and the existing improvements located on
the property .
Board of County Commissioners
RE #353
Page 2
November 4 , 1978
3 . On July 13 , 1978, the Weld County Board of Adjustment granted a
variance from the requirements of Section 9-4 A. (3) of the Weld
County Subdivision Regulations , therefore , this request complies
with the provisions of Section 9-4 A. of the Weld County Sub-
Division Regulations .
It should be noted that the Greeley Planning Commission has recommended
approval of this request only if a dedicated road allows ingress and
egress to a public street . They expressed no concern for the creation
of an additional residential lot , however, the proposed private access
easement does not conform to the Greeley Subdivision Regulations which
require that an access to a public street be , in itself , open to the
public. The Greeley Planning Commission did recommend a street
dedication as opposed to a private access. A copy of the City of
Greeley Planning Commission letter and a copy of the minutes of the
November 28 , 1978, Greeley Planning Commission meeting is enclosed
in the attached materials .
fi;(174/L—.....--
Re .ec ully,
Thomas E . Honn
Zoning Administrator
TEH: sap
•
r .-.
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street, Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . RE - 353 APPL . FEE S1% ,00
ZONING D STR CT has% RECORDING FEE $ .ep
DATE 11 112) RECEIPT NO .
APPL . CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures ) :
4— (we ) , the undersigned hereby request that the following described
property be designated a recorded exemption by the Weld County Board
of County Commissioners . LEGAL DESCRIPTION :
See Exhibit A appended hereto.
ACREAGE: Lot "A" 1 . 000 + ; Lot "B" 4 .116 + ; Total 5 .116 ±
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes X No
Are there any existing improvements on Lot A? Yes No X
Lot B? Yes x No
FEE OWNERS OF PROPERTY :
Name : Arnulfo Lopez, Sr. Address 270Q C . Street Phone 352_6739
Name : Leina Lopez Address 7700 C. Street Phone 357_6739
Name : Address Phone
WATER SOURCE FOR : Lot "A" ; Lot "B" City
presently no im-
TYPE OF SEWER FOR : Lot "A" provements on ; Lot " B" Septic
property.
PROPOSED USE FOR : Lot "A" Residential ; Lot " B" Residential
I hereby depose and state under the penalties of perjury that all
statements , proposals , and/or plans submitted with or contained within
this application are true and correct to the best of my knowledge .
COUNTY OF WELD ) . '
STATE OF COLORADO ) X y�) Lo-
Signs ure : Owner o A prized Agent
Subscribed and sworn to before me this 078 ay of La2.4.„,, 192e.
SEAL -
Notar��P 37 ,
12 82
d �
19,8
a i e-h-. 7 /99 / ti as. Pe._
My Cofr-kr mission ekpires : �, o
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wg�llg�
RECORDED eEMPT/ONN°
LEGAL DESCRIPTION - NO. 1
(ASSUMING PARCEL TO' BE PART OF SECTION 31, T6N, R65W, ACCORDING TO WELD COUNTY ASSESSOR)
A parcel of land in the Southwest Quarter (SW1) of Section 31, Township 6 North,
Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly
described as follows:
Beginning at thw Northeast Corner of said Section 1, Township 5 North, Range 66 West,
and considering the East line of said Section 1 to bear South 00°00'00" West, (also
the extension of the West line of Section 31) with all other bearings contained herein
relative thereto;
Thence South 00°00'00" West, 435.00 feet;
Thence South 88° 16' 10" East, 30.01 feet to the True Point of Beginning;
Thence North 00°00'00" East, 60.03 feet;
Thence South 88° 16'10" East, 267.56 feet;
Thence North 01' 17'03" East, 251.00 feet;
Thence South 73° 31'51" East, 514.40 feet;
Thence South 01° 54'08" West, 368.20 feet;
Thence South 89°31'48" West, 432.67 feet;
Thence North 01° 17'03" East, 204.70 feet;
Thence North 88' 16'10" West, 326.22 feet to the True Point of Beginning.
Said described parcel contains 5. 1160 acres, more or less, and is subject to any
rights-of-way or other easements as recorded by instruments of record or as now
existing on said described parcel of land.
LEGAL DESCRIPTION - NO. 2
A parcel of land in the Northwest QuarterON ofRSection 6, Township 5 North,
Range 65 West of the 6th P.M. , Weld- County, Colorado, being more particularly
described as follows:
Beginning at the Northwest Corner of said Section 6, and considering the West line
of said Section to bear South 00° 00'00" West, with all other bearings contained
herein relative thereto;
Thence South 00°00'00" West, 435.00 feet;
Thence South 88° 16' 10" East, 30.01 feet to the True Point of Beginning;
Thence North 00°00'00" East, 60.03 feet;
Thence South 88° 16'10" East, 267.56 feet;
Thence North 01° 17'03" East, 251.00 feet;
Thence South 73° 31'51" East, 514.40 feet;
Thence South 01°54'08" West, 368.20 feet;
Thence South 89° 31'48" West, 432.67 feet;
Thence North 01' 17'03" East, 204.70 feet;
Thnece North 88° 16'10" West, 326.22 feet to the True Point of Beginning.
Said described parcel contains 5.1160 acres, more or less, and is subject to any
rights-of-way or other easements as recorded by instruments of record or as now
existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I hereby certify that this under my supervision; and that the
same is correct to bestz.bf ficricnow1@8$ vid belief.
*. 4392 Ii*
-
JASPER F E 4 „ - O° j
•
COLORADO. .E. L.S. NO. 439',,�t,4•`;a�neea�;:'v0�.7 111, EXHIBIT A
2'eese engineering re-sea
LETTER OF EXPLANATION
FOR
RECORDED EXEMPTION
APPLICATION
Applicants, Arnulfo Lopez, Sr. , and Leina Lopez desire the
recorded exemption so that they may build a residence on the
proposed "Lot A" for their occupancy as their permanent home.
(k
William L. sier
Attorney li nts
1007 9th Avenue, Suite 206
Greeley, Colorado 80631
Telephone: 356-1115
.w - 01
GREELEY CIVIC CENTER October 31, 1978
GREELEY. COLORADO 80631
PHONE i 303 3536123
Mr. William L. Crosier
Attorney At Law
1007 9th Avenue
Greeley, Colorado 80631
RE: AVAILABILITY OF WATER AND SEWER SERVICES FOR ARNULFO LOPEZ
AT 2200 "C" STREET N,W.
Dear Mr. Crosier:
Water service is available from 23rd Avenue to serve the property
as described in your letter and map. This service will be provided
upon payment of all the fees as required,
Sewer service, however, is not available, as there are no nearby mains
that can serve this location. The Weld County Health Department has
already been verbally advised of this.
Thank you for your inquiry.
Sincerely,
CITYiOFrLEY
Al Powers
Office Supervisor
Water and Sewer Department
AP/ld
"A COMMUNITY OF PROGRESS"
(".21.c i. rr.Recorded at o'clock lock-: M., SEC ..ry_] _. __. . . .
tf U Reception No 1698277 MARY,.. t.Ntl FCJ RSIi_I lv Recorder.
k -._ um:mum:it's STAMP
THIS DEED, Made this 1st day of September ,
1976 , between
JUANITA GARCIA
of the County of Weld and State of Colo-
rado, of the first part, and
CJ l
ARNULFO LOPEZ AND LEINA LOPEZ
„D of the
_-i County of Weld and State of Colorado, of the second
part;
WITNESSETH, That the said party of the first part, for and in consideration of the sum
of Other valuable consideration and Ten
v Dollars,
. to the said party of the first part, in hand paid by the said parties of the second part, the
receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed,
• and by these presents does grant, bargain, sell, convey and confirm unto the said part y of
the second part, heirs and assigns forever, all the following described lot or parcel
,? of land, situate, lying and being in the County of and State of
Colorado,to wit:
A tract of land lying in Lot D of Strohauer Sub-
division of the SW-k of the SW4 of Section 31,
Township 6 North, Range 65, West , of the Sixth
Principal Meridian, more particularly described by
notes and bounds as follows :
Beginning at the southwest corner of said Lot D; thence north along
the west line of said lot a distance of 518 feet more or less to
the northwest corner of said lot; thence southeasterly along the
southerly right of way line of the Colorado Southern Railway a. di.s-
...fence of 514.4 feet ; thence south a distance of 368. 2 to a point
on the south line of said lot ; and thence west a distance of 492. 7
feet to the point of beginning; said tract of land containing
five acres , more or less ; also one share (1) of the Greeley Irriga-
tion Company.
A so.a right of in r ss and e e s over r ds now c nnect-
ths al �e c ldot the_ en }l a tdi g! £ e aillroad, and/ or with Twenty
oge er wi a an st4u ar he eret.itamen s and appur enances thereunto belonging, or in any-
wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said
part Y of the first part, either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bar-
gained and described, with the appurtenances, unto
the said part ies of the second part, their
heirs and assigns forever.
And the said
party of the first part, for herself her heirs, executors and
administrators, do es covenant, grant, bargain and agree to and with the said part ies of the
second part, their heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said part ies of the second part, their heirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under
the said part y of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part has hereunto set her
hand and seal the day and year first above written.
Signed, Sealed and Delivered in the presence of' ! - j' ' [SEAL]
[SEAL]
[SEAL]
STATE OF COLORADO,
••• . .;
�Ox .........' I)ounty of Is&
• �C.tie for.gping instrument was acknowledged before me this --' �'- t day of - -* i•l• Lc 'e
i9/4, Sr 4 Y Ye.., .
V rte. I
1i..
"afty commissionepf(pires , 19 Witness my hand and okncial seal
itc r i1:n1.‘•
e e lMy Commission expires Jan. 24, 1978
i
r- -
YoteryYublie.
•If by natural person or persona here insert name or names; if by person acting in representative or official capacity or as
attorney-in-fact, then insert name of person as executor, aeoney-tn-(net or other capacity or de;cript ion: if by emcee of car-
D M , insert ion 9 nuch officer or officers, as the Dos idr n[ or^other officers of such corporatin, naming it.--Statutory
Acknowledgment,ratton then
Session 1927.
n LEGAL DESCRIPrDN3u)' Secrr rsEts
CASE NO. RE 353
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FIELD CHECK
11/22/78
FILING NUMBER: RE-353 DATE OF INSPECTION: 6/26/78
NAME: Arnulfo Lopez
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Pt . Lot D, Strohauer Subd. SW*SW* Section 31 , T6N, R65W
LAND USE: I Residential
E Residential
s Residential
w Residential
ZONING: N Agricultural
LOCATION: 2200 C St . NW E Agricultural
Agricultural
`q Agricultural
COMMENTS :
Existing access off of C Street NW to the property. Property has residence
and other improvements located on it . Proposed access to 23rd Avenue has
no improvements located on it . Proposed access south of C & S Railroad
Crossing on 23rd. Houses located to south and north of proposed access
to 23rd Avenue.
•
BY:
X
mEmoRAnDum
WilkTo Planning Commission Date November 27, 1978
COLORADO From Gilman E. Olson, Utility/Subdivision Administrator
Subject: Arnulfo Lopez, (Recorded Exemption)
Lot A will have to have a right-of-way easement in order to
share a common access with Lot B.
Other than the above mentioned no engineering problems are anticipated.
Gilman E. Olson
Utility/Subdivision Administrator
GEO:sar
0252627-4?'
NOV 1978 ;\
RECEIVED '-)
�1 weld tong cn
Planing Conissbe
Ni
' X
Weld /"' /{-/, / L Department
OF HEALTH
ounty / /ea[th {/epartment DAVID WERKING. DDS. Greeley
FRANKLIN D. YODER, MD, MPH WILLIAM BLICK, Roggen
Director 1516 HOSPITAL ROAD DORIS DEFFKE, Greeley
GREELEY, COLORADO 80631 A. M. DOMINGUEZ. JR_ J.D., Greeley
ANNETTE M. LOPEZ. Greeley
(303)353-0540 FRANK MYERS. M P H , Windsor
HERSCHEL PHELPS, JR_ M.D.,
Greeley
KATHLEEN SHAUGHNESSV, PHN, Ault
November 29, 1978 ARTHUR G WATSON. Rauemue
Chuck Cunliffe
Planning Services
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
The Recorded Exemption as requested by Arnulfo and Leina Lopez,
has been reviewed by Environmental Health staff and no apparent
conflict with health regulations is indicated.
Sincerely,
se wAie
J G. Hall , M.P.H. , Director
Environmental Health Services
JGH:dr
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410
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GREELEY CIVIC CENTER
GREELEY. COLORADO 00631
PHONE (303) 3536123
November 29 , 1978
Chuck Cunliffe
Weld Department of Planning Services
915 Tenth Street
Greeley, CO 80631
Dear Chuck:
Re : Recorded Exemption at 2200 "C" Street N.W.
At it ' s November 28, 1978 regular meeting the Greeley
Planning Commission reviewed the recorded exemption
request by Mr. $ Mrs . Arnulfo Lopez at 2200 "C" Street
N.W. and recommended approval only if a dedicated road
allows ingress and egress to a public street. Attached
is a copy of the minutes of this meeting .
Thank you for the opportunity to comment . If I can be
of further assistance, please do not hesitate to contact
me.
Sincerely,
ohn Given S'
fr.f.
NOV ]978 �
iel3fl?1 1..2
Current Planner REEIVEDJG :ka ��
ri
��C; P1anelnt Coaelis�lll
Enclosure 1191 SO\��Z��
"A COMMUNITY OF PROGRESS"
1'
BRADFORD PUBLISHING CO..DENVER RECORD OF PROCEEDINGS ':�`' Nov 1978 s
C1 C1
.• Rt.ucIV "'
Planning Commission Minutes I r..) WeNtggqry ,o
%angiq
November 28, 1978 '1/474 ��°"'°pia `'
C91 1
The Planning Commission of the City of Greeley, Colorado was ca e
to order by Chairman John Dietz . Those present were Commissioners
Roeth, Cummins , Clift, Keirnes, and Modlin.
I . APPROVAL OF MINUTES
Commissioner Roeth noted a correction to Item VI of the previous
minutes to show the vote taken on the motion. Commissioner Cummins
made a motion to approve the minutes of the November 14 meeting with
this correction. Commissioner Clift seconded the motion. Vote was
taken and the motion carried unanimously.
II . REFERRAL FROM COUNTY: RECORDED EXEMPTION
LOCATION: 2200 "C" Street, N.W.
Sam Sasaki , Planning Director, explained that this request is for
a lot split on a site between 21st and 23rd Avenues with C & S
Railroad as the north boundary. The property has access off of
23rd Avenue by way of an easement, but there is no dedicated right-
of-way. Lot A does not have direct access to public right-of-way
so the split would create a landlocked parcel . Staff is suggesting
a recommendation to the County of denial of this request because
access cannot be guaranteed from an access easement resulting from
an agreement between private parties . Bill Crosier explained that
the Lopez ' s live on the parcel of land in an existing house and own
that property as well as the strip of land which extends out to
21st Avenue . Their wish is to comply with the County regulations
so they can build a new residence for themselves on the property .
They have no intentions of subdividing the land further at this
time. A dedication of public right-of-way would have to be made
at the time of further subdivision, but at the present time the
owners only wish to build one new structure for their own use .
Commissioner Clift asked if permanent right-of-way could be dedi-
cated to Lot A. John Given, Current Planner, replied that this
was recommended to Mrs . Lopez at the staff review. Mr. Crosier
noted that in the event of dedication the access should be taken
further to the east for a cul de sac .
Commissioner Keirnes asked why a lot split was required for the
proposed new building . Mr. Sasaki replied that the County regula-
tions only allow a single residence on a lot so before a building
permit can be issued for the new building the lot must be split .
Without the lot split the County would have no control over the
new residence being sold. Mr . Crosier noted that the applicants may
consider selling the old structure after the new one is built , but
they are not planning to at this time .
Commissioner Clift made a motion to recommend approval only if
a dedicated road allows ingress and egress to a public street .
Commissioner Keirnes seconded the motion . Commissioner Modlin asked
if there were any further requirements regarding the location of
the access before final approval is given. Mr . Sasaki commented
that at this point the only way to guarantee efficient utilization
of the right-of-way would be to locate it to the east boundary of
Lot A. Mr . Given noted that further platting will be necessary
under a subdivision or if another recorded exemption is requested
after five years . Commissioner Cummins felt that the motion
should be for denial until another drawing is presented showing the
dedicated public right-of-way. Commissioner Keirnes noted that
he would agree if the Commission were the final authority but
since they only make recommendations this seems sufficient .
Chairman Dietz asked if annexation of this area is anticipated in
the near future. Mr. Sasaki replied that there is activity in the
area on the City ' s part . Vote was taken and the motion carried with
the following votes : Cummins , no; Modlin, no; Dietz , yes ; Roeth ,
yes ; Clift , yes ; Keirnes , yes .
4
RECORDIMG DATA - MAPS 6 PLAT
NAME OF SUBDIVISION C
Recorded Exemption #09__2=RE 353
Arnulfo Lopez Sr. & Leina Lopez
NAME OF SUBDIVIDERColorado
Pt SWQ S31 T6N R65W of the 6th P.M. , Weld ty'
LOCATION OF SUBDIVISION ,,.___ ---
DATE OF RECORDING DEC1_78 BOOK 854 RECEPTION #122.1550------_
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
DEPUTY I1NTY CLERK & RFCOR FR
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