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Home My WebLink About790818.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 391 - MARY ALICE LINDBLAD, ET AL. 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 9th day of May, 1979 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 391 , being the property of Mary Alice Lindblad, et al. , described as part of Section 17 , Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : The Southeast Quarter of the Southwest Quarter of Section 17, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colo- rado. 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 definitions of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-lA(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 Mary Alice Lindblad, et al. , 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. 790818 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of May, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO P,-./1 7/el di 2 ci-c,,_, ,,, 4--• Arrie-7Z4/0 ATTEST: /r 1 ( rwv.7WB4at, , Weld County C erk and Recorder an Clerk to the Board B : eputy County Cle k - APP D AS TO FORM: County Attorney DATE PRESENTED: MAY 14, 1979 I RECORDED EXtMPTION NO 0801 -17-3 -RE 391 LEGAL DESCRIPTION The Southeast Quarter (SEa) of the Southwest Quarter (SW') of Section 17, Township_ ] North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. �tS prl SURVEYOR ' S CERTIFICATE 1\y1 v I hereby certify that this plat was„pnepargd under my supervision; and that the same is correct to the best of megiAlitike d belief. to 6Wt1 PE• S i*�i 4392 $o ora:o P. . & L.S. No. 4392 PROP . 'i,3•4# APPROVAL OF 6th We, Mary Alice Lindblad, Virginia Lindblad, and Earl V. Rice, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. �z.N73giaLindb 7ic Mary e LindbladA ad The foregoing certification was cjgowleaged"befdre�e this ?at day of -2"..a. ,A.D. ,1979. Witness my hand and seal . V: O F ..••... My Commission Expires : OF COtONi otary Public 71(7 3/ /98/ M rf V•• The foregoing certification was ack owleibed befo/t.Vne his /4t day of1/471404. ,A.D. , 1979. Witness my hand and seal . • / My Commission Expires : NAt..o Cat �� •_ • 9 • ilt a/ J, �98� �F'O BcOt.ock Notary ublic PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and approved for filing. n (//•/� ' 7.aiVY�a `� C AIRMAN Beard of C upty Commissioners ATTEST: County Clerk a atm BcE�G� J ,�► �, Dated . / Y14c i 7 / 6.271 Pre,aa# d by sree3e engineering 79-/7 fl RECORDED EXEMPTION No. O805-17-3—RE 391 • cone. A s2z.79' aera e ' t Aker{I,ne SF/IStribe ' a'. A D !h 0 4.4 ni 1 kJ ischwo n �� n/pewd 1 c No b i. c e E 1 f c e° 4 . by 419514'S iseir 04 A, -rJ 1 "- Com/o. /3.Z0./9' S.S9°O"2$6"YY.SZEPO 71." or i9" - /taw t APT .s' - 2.6.749 t OW/YEWS: Tor.9c - 39. T3B� MARY /9i/e, ///)10.52.A.0 Rr. 4 Box BS YY//roso,, CO.lDR9Do BOSS& Villa/N/17 u/#o.3&.4p Rr• 4, Sot 57.9 YYiaosoR, Co"loR•roo ga so Aitre.l Y. Rice /Z4 Sown/ Decgra,Q r e Como Ty end'70 8 9 DS/Yet/it Co.IDAADD Cie /6ISO 8.02/9 n q �4 h i� Q sel\ 4 ki 3 o `y /6 /9 /9 a' CswnTy "9eied y66 .lo .2/ Vic//Y/Ty AMP c7 EPP scat:/'=-z000' "re/Caird Ay .}reede ngineering T9-/7 SAter /o,' Z ) DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI C. COLORADO May 9, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #391 Dear Commissioners: The attached application, plat and related items are in reference to a request for a recorded exemption from Mary Alice Lindblad, et al . This property is described as the SE*SW* Section 17, T6N, R66W of the 6th P. M. , Weld County, Colorado. This property is located ap- proximately 4-1/2 miles east of the Town of Windsor on the north side of Colorado Highway 392 . The property contains approximately 39. 7 acres of Class III irrigated soils and Class IV non-irrigated soils. The request is to split the property into parcels of 11. 0 acres and 28.7 acres. On April 11, 1979, the Board of County Commissioners approved a re- quest from Mary Alice Lindblad, et al , for a lot size variance so that they could make application for this recorded exemption. At the time they made the decision on that request, the Department of Planning Services Staff submitted a letter of recommendation for denial to the Board. A copy of that letter for denial is included in the attached packet . Nothing has been received by our office that would change our recommendation for denial for this request as outlined in the letter to the Board of County Commissioners dated April 11 , 1979. It should be pointed out that the State Department of Highways has requested the applicant to provide an additional 45 feet of right- of-way on the north side of Colorado Highway 392 by reservation, Board of County Commissioners Page 2 May 9, 1979 setback, or dedication, preferably the latter. The recorded exemption plat submitted by the applicant does reflect the additional right-of- way reservation as requested. Furthermore, the applicant should be aware that the Weld County Health Department has indicated that the property under consideration does not appear suitable for a conven- tional septic system. A final determination can only be made after a soil percolation test is performed. Respectfully, Chuck Cunliffe Assistant Zoning Administrator csd APPL ATION FOR RECORDED EXEMPT1 l PHONE : 356-4000 Ext . 404 • Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . P,9,'31 APPL . FEE /5. 00 ZONING DISTRICT Ay(cu_1A.1O-e RECORDING FEE-1</co , 44-69 DATE Lk - an-19 RECEIPT NO . /n4,06:, APPL . CHECKED BY VT TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures ) : I (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 attached legal description ACREAGE : Lot "A" 11 .020 ; Lot "B" 28.718 ; Total 39.738 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X Are there any existing improvements on Lot A? Yes No X Lot B? Yes No X FEE OWNERS OF PROPERTY : Name: Mary Alice Lindblad _ Address Rt.l ,Box 88, WindsoPhone Cockt,-cayQ Name : Virgina Lindblad Address Rt. 1 ,Box87A,WindsorPhone Name : Farl V. Rice Address 124 South Decatur Phone Denver, Colorado WATER SOURCE FOR: Lot "A" None ; Lot " B" N. Weld Water Dist. TYPE OF SEWER FOR : Lot "A" None ; Lot " B" None PROPOSED USE FOR : Lot "A" Waste Land ; Lot "B" Agricultural 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 . c COUNTY OF WELD ) STATE OF COLORADO ) / — e". ...1-4c--.9 � Signalur : Owner or ut orized gent Subscribed and sworn to before me this ,In d day of 446X— , 1 97 7 . 72- SEAL _ �l -i Notary P,Gyl i c 3/ /95/ My Comm ' sion expires : (/ ss 1 I lam\ DEPARTMENT OF PLANNING SERVICE h"2 • PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 i ni Da COLORADO April 11, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : LSV-90 Dear Commissioners : The attached letter and related er a] s ale in reference to a request from Mary Alice Lindblad, et al .40 a ?itI0 f land is described as the SEwSW% Section 17 , T6N, R66W of the 6th P.M. , Weld County, Colorado . This property is located 4 miles east of Windsor and 2-1/2 miles south- east of Severance on Highway 392. The property contains approximately 39. 7 acres of Class III irrigated soils and Class IV nonirrigated soils . The request is to obtain a variance from the minimum lot size require- ment, Section 9-4 A. (6) so that the applicant may make application for a recorded exemption. The applicants wish to sell approximately 11 acres to Mrs . Lindblad' s son and daughter-in-law for a proposed residence. The 11 acres is presently pasture and has no improvements . The remaining 28 . 7 acres would be kept in agricultural production. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends this re- quest be denied for the following reasons : 1. The proposed request does not comply with the Weld County Compre- hensive Plan because it would promote non-agricultural 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 : et 4 Board of County Commissioners Page 2 April 11, 1979 "Intent - The intent in establishing the A-Agricultural Zone District is to allow all agricultural related uses in those areas in which agriculture is and should con- tinue 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 con- flict therewith, and to provide for the orderly expansion of urban growth in conformance with the Weld County Com- prehensive 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, it would be promoting the division of agricultural land into smaller less economic parcel sizes , and increasing the residential density on the 40 acres . 3_ This request is not in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdi- vision Regulations) . Said Clause states : "The intent in establishing the recorded exemption pro- cedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby non-productive agri- cultural lands may be developed for higher and more productive uses insofar as such uses are compatible with surrounding agricultural uses in areas where such land divisions are proposed. (Revised 4-17-74) . " The parcel presently contains no improvements . The split would allow two sets of improvements to be built on the 40 acre parcel 4 and therefore, create an urban encroachment which would be non- compatible with the Agricultural District. 4. The minimum lot size in the Agricultural Zone District for irriga- ted parcels is 80 acres and 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. Respectfully, Vickie Traxler Assistant Zoning Administrator csd at 4 nLEGAL DESCRIPTfl%4a&1 /7-/n -66 CASE NO. Re- / \N 43-B c0 : X53"B •---1 f / • 53M, ARt -153NFGL jAB j i " % 53M-ABA %f". A 5 55 B y\V -.53M-AB - - 2 %'l 34AB 1 - \ \I ( v vl' '_ X 53= B' v., SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 34 AS ,ua,uf_. law COOF X53- B 32 1Te. 'ilk • 1 , I BOARD OF DIRECTORS . '•`�`= ' ; NORTH WELD (AUNTY WATER DISTRICT ERNEST TIG GES ALEX HEIDENREICH ROBERT ALKIRE ...//(�� : 1.; 85 LUCERNE, COLORADO 80646 GARY SIMPSON -t/. i 1 TOM REED y -"�y�l��'' LYLE NELSON. MGR. P.O. BOY 56 PHONE 356-3020 March 2 , 1979 RE: Water Service , Mary Alice & Virginia Lindblad Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property : SE} of SW* Sec 17-6-66 Lot A and Lot B 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, NORTH WELD COUNTY WATER DISTRICT e/ Lyl D.Nelson , Manager LDN/rMc FIELD CHECK FILING NUMBER: LSV-90 DATE OF INSPECTION: 3/16/79 NAME: Mary Alice Lindblad, et al REQUEST: Lot Size Variance LEGAL DESCRIPTION: SEaSW} Section 17, T6N, R66W LAND USE: N Agricultural E Agricultural S Agricultural �y Agricultural ZONING: N Agricultural LOCATION: 4 miles east of Windsor E Agricultural on Highway 392 and 2-1/2 miles Agricultural southeast of Severance Agricultural COMMENTS: Said parcel contains no improvements. It is primarily low land pasture with some corn. There is one access existing onto Highway 392. BY: �r�. ,_ Tsal��u 00 - _L • • • 1' e`d C BOARD OF HEALTH ounty Health Department DAVID WERKING. DOS. Greeley FRANKLIN D. YODER. MD. MPH WILLIAM SLICK. Roggen Difeclor 1516 HOSPITAL ROAD DORIS DEF FKE. Greeley GREELEY, COLORADO 80631 A M DOMINGUEZ. JR.. J.D. G'<eley (303)353-0540 ANNETTE M LOPEZ. Greeley FRANK MYERS. M P.H W,K)sor HERSCHEL PHELPS. JR . M D.. Greeley March 27, 1979 KATHLEEN SHAUGHNESSY. FHN. kill ARTHUR G WATSON. R<Ilevtlle SL 117 4 Chuck Cunliff n 42,4R ] . v: Planning & Zoning ti Ece/ L.`_ c. 915 10th Streetco w°utrrr Ev ?.� Greeley, CO 80631 p14t:t b �Yf s9 attics err TO WHOM IT MAY CONCERN: !s,? /1lcill04b The soil belonging to Mary Alice Lindblad located in the SEC, SW} S17,T6N, R66W appears not suitable for a conventional septic system. The exact suitability of the soil, however, cannot be determined until a soil percolation test is performed. Sincerely, 61-09 John G. Hall, MPH Director, Environmental Health Services JGH/hv * 41. �,LL. flEf fOfl®Xffl To Planning Commission Date April 3, 1979 COLORADO ( ) Gilman E. Olson, Utility-Subdivision Administrator subject: Mary Alice Lindblad (L.S.V.) No engineering problems are anticipated by this request. All ingress and egress to be made onto State Highway 392. ob�QQ Gi man E. Olson Utility-Subdivision Administrator GEO:sar ��31 1 as RP' p ti › cee RE APR 1979 n CE.I,/ED Mt/I Cow, Mot*co x` -641a L19\ ' fi � a Telephone call on April 9, 1979 at 3 : 30 PM to Mr. Hummel for the Town of Severance Planning Commission RE: LSV-90: 79: 9 Mr. Hummel speaking for the Planning Commission said that the Town of Severance Planning Commission recommended approval of the Lot Size Variance because the property is poorly suited for agricultural purposes. Vickie Traxler Assistant Zoning Administrator a, 17k • • STATE DEPARTMENT OF HIGHWAYS Weld County JACK KINSTLINGER EXECUTIVE DIRECTOR SH 392 Lis T Lindblad Lot V DIVISION OF HIGHWAYS DISTRICT 4 E. N. HAASE It DWIGHT M. BOWER CHIEF ENGINEER (',hl He DISTRICT ENGINEER STATE OF COLORADO 4 Mi. E. of P.O. BOX 850-1420 - 2ND ST. • GREELEY, COLORADO 60631 • (303) 3531232 Windsor on N. March 28, 1979 Side of 392 DOH FILE 45100 Ms. Vickie Traxler Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Ms. Traxler: We have reviewed the Mary Alice Lindblad application for a Lot Size Variance, and we find no conflicts with our interests. However, we would like to point out that traffic projections indi- cate the need for a total of 150 feet of right of way, 75 feet each side of the centerline. Thank you for the opportunity to review this request. Very truly yours, DWIGHT M. BOWER �h��212g p ),�' DISTRICT ENGINEER N:• MAR 1879 V,8 c�' RECEIVED :R� . v tt-jN5asire.Gcxtisd e Albert Chotvacs y. • , ;y, � Assistant District Engineer yt AC: -da cc: D. M. Bower D. N. Fraser (2) File: Crier-Jacobson via Raines-Finch-Graham w/encl . AS. ii y, R +r,� ,a.,..,.9WYk'k?".fi:?iYMI !�Jr ;i' a � �� r(F �,, . n kr .i 'i15rnlrrhi. tl / x ti , ,,3 , ,. t , st . 1t , ,,,,,, t y pA. V #. r ivv W Att.1IIIIII El 74 76656 fffff wa lirt, j '' i} i" .x1 3 is p 7mIL8Sl4 tr .a1. :b" 9 ° '� �1� ytl� �. ' . • _illy_ a• .r. 3 ::' r 1 .»* •• ' 4 ,s. ...Jt� Yi J riik, 5 , A. x# f �,a"" r * l M w x 4 „ J$ a_, i! `\ I 34` ( �afR . IIas to lIg I i • k + M ' y � "`' .. w�' i 'N' S .., I .' , a _ ell z l' y oo !II 1-#- §� ,1d A1� t ano YifS571 C YoM "«• 'r « h ' r¢ " k iii >fi ltr eve ,- d �5 t � r r. A n .V '.,:.;.�' x. ._ �,iV �a' '•.';r+`W .,'..0;fk s RECORDING DATA - MAPS & PLAAT' NAME OF SUBDIVISION Recorded Exemption #0801-17-3-RE 391 Mary Alice Lindblad, Virginia Lindblad, Earl V. Rice NAME OF SUBDIVIDER SE* of the SW4 of Section 17, Township 6 North, Range 66 West LnrATION OF SUBDIVISION of the 6th P.M. County of Weld, State of Colorado. MAY 161979 BOOK 869 RECEPTION B 1'790'780 DATE OF RECORDING __ MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY: �`til%j�DEPUTY COUNTY CLERK & RECORDER J Hello