HomeMy WebLinkAbout791015.tiff • •
RESOLUTION
RE: APPROVE REPLAT OF LOTS 4 AND 5, BLOCK 1, NORTHMOOR ACRES,
1ST FILING.
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, on the 3rd day of December, 1979, a public hearing
was held before the Board of County Commissioners of Weld County,
Colorado upon the application of Eldon Kurtenbach for a replat
of Lots 4 and 5, Block 1, Northmoor Acres, 1st filing, in Weld
County, Colorado, more particularly described as follows :
That portion of Lots 4 and 5, Block 1,
Northmoor Acres Subdivision, Weld County,
Colorado, more particularly described
as follows :
BEGINNING at the Southwest corner of
said Lot 5, said point being on the
Easterly right of way of Cactus Drive;
thence along said Easterly right of
way the following two courses : North
27°11 ' 50" West 180. 00 feet to a point
on a curve concave to the Southwest,
having a central angle of 38°42 '49" and
a radius of 230 . 00 feet; thence North-
westerly along the arc of said curve
155.41 feet to the Southwest corner of
said Lot 4 ; thence along the Westerly
line of said Lot 4 , North 24 °05 ' 21"
East 350. 56 feet to the Northwest corner
of said Lot 4 ; thence along the North
line of said Lot 4 , East 142.79 feet to
the Northwest corner of said Lot 4 ; thence
along the Northeasterly line of said Lots
4 and 5 South 27°11 ' 50" East 477 . 84 feet
to the Southeast corner of said Lot 5;
thence along the South line of said Lot 5,
South 62°48 '10" West 350 . 00 feet more or
less to the point of BEGINNING.
The abovedescribed parcel contains a gross
acreage of 3. 89 acres more or less .
WHEREAS, the Board of County Commissioners heard the testi-
mony and statements of those present, and
WHEREAS, the Board of County Commissioners has studied the
request and recommendations of the Weld County Planning Commis-
sion, and having been fully informed, is satisfied that the
proposed replat of Lots 4 and 5, Block 1, Northmoor Acres, 1st
filing, conforms in all respects with the requirements of the
Weld County Subdivision Regulations.
791015
• •
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the replat of Lots 4 and
5, Block 1, Northmoor Acres, 1st filing, be, and hereby is, approved.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 3rd day of
December, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
rs 6As— (Aye)
Norman Carlson, Chairman
ii».1�en Aye)
Lydun ar
/eil (Aye)
C. W. Kirby
r'3
� wcA ICr� (Aye)
Leonard L. Roe
ljnea-otax‘ye)
Jylne K. Steinmark
ATTEST: /7 ( y`* (itA , �' JLI,ti1le,Ly✓
Weld County Clerk and $e rder
and Clerk to the Board !
/
By: l ,,, i�l , i;�
y County C1
APPFFF(RO D AS TO FORM:
CC\Y �( jGa� ��i
County Attorney
DATE PRESENTED: DECEMBER 5 , 1979
BEFO THE WELD COUNTY, COLORADO PLANS COMMISSION ff
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS I
Date November 27, 1979 Case No. S# 167 : 79 : 12
APPLICATION OF Eldon Kurtenbach
ADDRESS 12318 West Swarthmore, Morrison, Colorado 80465
Moved by Fred Otis that the following resolution be introduced for
passage by the Weld d County Planning Commission:
Be i Relsaovidtsy4 & e5WeJ4 County Planning Commission that the Subdivision
Plat Nnrthrnnnr Arras fit Filing located on the following described pro-
perty in Weld County, Colorado, to-wit:
See attached
be recommended (favorably) ( hi av1) ) to the Board of County Commissioners
for the following reasons:
1. It is the opinion of the Planning Commission that this request is
in compliance with Section 6-4A of the Weld County Subdivision
Regulations. This determination is based on the following:
A. The parcels being replatted are in compliance with all
applicable regulations. The Weld County Board of
Adjustment granted a 39 ' variance from the minimum lot
width requirement for Lot 5 .
B. Drainage easements or right-of-ways reserved for drainage
have not been changed.
C. Street locations and street right-of-ways have not been
changed.
Motion seconded by Jim Gilbert
Vote: For Passage Irma White Against Passage
Bette Kountz
Frank Suckla
Fred Otis
Chuck Carlson
Jim Gilbert
Bob Ehrlich
Don Billings
The Chairman declared the motion passed and ordered that a certified copy of this
Resolution be forwarded with the file of this case to the Board of County Commis-
sioners for further proceedings.
CERTIFICATION OF COPY
I, Shirley A. Phillips , Recording Secretary of the Weld County Planning Com-
mission, do hereby certify that the above and foregoing Resolution is a true copy
of the Resolution of the Planning Commission of Weld County, Colorado, adopted on
November 27 . 1979 and recd,ded in Book No. VI of the proceedings of
the said Planning Commission.
Dated the 28 day of November , 1979 .
'
S td ry �
Eldon Kurtenbach
S-167 :79 : 12
PLANNING COMMISSION RECOMMENDATION
November 27, 1979
D. The plat has not been altered in any way which would
adversely affect the character of the original
subdivision plat.
2 . On October 11 , 1979, the Weld County Utilities Coordinating Advisory
Board recommended approval of this replat.
3 . The following referral entities have reviewed this request and
have set forth no objections to it:
a. Weld County Health Department
b. Weld County Engineering Department
c. Colorado Geological Survey
d. Johnstown Fire Protection District
0 S
COMMENTS:
1 . The Longmont Soil Conservation District did not respond to the
referral sent to them.
2. To date, our office has received one letter of objection to
this request from an adjacent property owner. A copy of the
letter is in the attached materials.
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• •
Northmoor Acres
Homeov:ners Association
P. 0. Box 158
Johnstown, Colorado 80534
November 24, 1979
Department of Planning Services
Weld County
915 - 10th Street
Greeley, Colorado 80631
Gentlemen:
In reference to your letter concerning the special
meeting scheduled for November 27, 1979 at 1:30 p.m. ,
this letter will notify you that although there is
still considerable opposition among the lot owners
of the Association, the Board of Directors of Northmoor
Acres Homeowners Association plans no further action
in this matter.
Yours truly,
•CP
Dourfurray
President
DM/ah
ti? X223242 �j��,
9aooMei 41/th F
agCos pissie A
Date : November 6 , 1979
1
CASE NUMBER: S-167 : 79 : 12
NAME: Eldon Kurtenbach
REQUEST: Replat of Lots 4 and 5, Block 1 , Northmoor Acres
LEGAL DESCRIPTION: Pt . S1/2, Section 24 , T4N, R68W
LOCATION: Approximately 3 miles southwest of Johnstown
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS
REQUEST BE approved FOR THE FOLLOWING REASONS :
1 . It is the opinion of the Department of Planning Services staff
that this request is in compliance with Section 6-4A. of the
Weld County Subdivision Regulations. This determination is based
on the following:
A. The parcels being replatted are in compliance with all
applicable regulations . The Weld County Board of
Adjustment granted a 39 ' variance from the minimum lot
width requirement for Lot 5 .
B. Drainage easements or right-of-ways reserved for drainage
have not been changed.
C. Street locations and street right-of-ways have not been
changed.
D. The plat has not been altered in any way which would
adversely affect the character of the original
subdivision plat.
2 . On October 11 , 1979, the We-ld -County Utilities Coordinating
Advisory Board recommended approval of this replat.
3 . The following referral entities have reviewed this request and
have set forth no objections to it:
a. Weld County Health Department
b. Weld County Engineering Department
c. Colorado Geological Survey
d. Johnstown Fire Protection District
COMMENTS :
1 . The Longmont Soil Conservation District did not respond to the
referral sent to them.
2 . To date, our office has received one letter of objection to
this request from an adjacent property owner . A copy of the
letter is in the attached materials.
j AlpUBDIVISION APPLICATION
•
,DEpartment of Planning Services, 915 - 10th Street , Greeley, Colorado
PHONE : 356-4000 Ext . 404
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. J '1b1 ,'1 Vis APPL. FEE ‘QQ Op
ZONING DISTRICT t1C4q1/4.ktga RECORDING FEE k to. 00
DATE OCT ram RECEIPT NO.
APPL. CHECKED BY 0A1
\ TO BE COMPLETED BY APPLICANT: _ (Print or type only except for required
signatures) :
I (we) , the undersigned, hereby request a hearing before the Weld County
Planning Commission concerning proposed subdivision of the following
described unincorporated area of Weld County. LEGAL DESCRIPTION:
i
ncr y 43 4e . /J//G�'Tmeo l cCEf
A 5 LC 1`C.0 Co .
(If additional space is required, attach an additional sheet of this same
size. ) L
NAME OF PROPOSED SUBDIVISION t g'--M01 : �/-G, 2C S Ratak
EXISTING ZONING i}&, . 1 . PROPOSED Z0NINGt+c L_
TOTAL AREA (ACRES) 4/ NO. OF PROpppppOSED LO
LOT SIZE: AVERAGE /z - / /Z MINIMUM // .
UTILITIES: WATER: NAME -„./ i,id r,„,c„,,, /c
SEWER: NAME 5C p7-
GAS: NAME
PHONE: NAME y%)
DISTRICTS: SCHOOL: NAME
FIRE: NAME
DESIGNERS' NAME
ADDRESS • PHONE
ENGINEERS' NAME
ADDRESS PHONE
FEE OWNER OF AREA PROPOSED FOR SUBDIVISION
NAME ,i,7Cr. -e/ T05'/0<_/J
ADDRESS .( 3G-'/' ('.-)e—eii c t/cfa.:57De .v (.•/ ,J65-?y PHONE _S7' 7-Dl5
NAME c�4t% rc%.6.
'd Scv1
ADDRESS ZOec . C�&t � 1?r ..k hr s«tne.+r. en1c, PHONE
NAME et15
ADDRESS PHONE
I hereby depose and state under the penalties of perjury that all statement
proposals and/or plans submitted with or contained within this annlication
are true and correct to the best of my knowledge. ///
COUNTY OF WELD ) K
STATE OF COLORADO) G
-s ':
Signature: Owner or Authorized Agent
Subscribed and sworn to before me this _j/J'/ day of 2'rTt,'pi / 190/ .
/
SEAL
NOTARY PUBLIC
My commission expires: ---"‘:5-,7 --/9.-Ft/
WCDPS-78-1
• •
In 1973, I purchased Lot 4, Lot 5, and Lot 6, Block 1 in Northmoor
Acres. When I staked out my foundation for the construction for my
house on Lot 4, I could not find the front corner pins. The pins had
been covered when Cactus Drive was put in and paved. Assuming that
the Public Service Company had set their transformer pedestal on the
corner of the property, I used their pedestal as a guide. When the
house was completed and an improvement survey was done, it showed the
power company box to be approximately 30 feet off the corner pin and
the house too close to the South property line. Since I owned both
lots and had no intention of moving at that time, it did not seem to
be anything to be concerned about. Now, four years later, I have sold
the property to Mr. and Mrs. Timothy Eidson and I told them I would
have this problem corrected. I have had the property surveyed and the
pins moved just enough to allow the Eidsons full use of the drive on
the South side of the house.
AFFIDAVIT OF INTEREST OWNERS
Application No.
Subject Property /4-)O7i �� a %/ .t' 7//> c r g c 4
/,r,^/t ,J/c u (O,c 7�iF-- O
STATE OF COLORADO )
ss.
COUNTY OF WELD
TUm nanfiRSIGNED, being firs+ dilly sworn, states that to the
best of his or her knowledge the attached list is a true and
accurate list of the names and addresses of all surface owners,
mineral owners, and lessees of mineral owners - of both the subject
property of the application and adjoining property - as their
names appear upon the plats or records in the Weld County C] erk
and Recorder ' s Office and as their most recent addresses appear
in a telephone or other directory of general use in the area of
the subject property or on the tax records of Weld County.
UnAotnigtal
Janice Eidson
fienex
Eldon Kurte Bach
The foregoing instrument
- wa-s subscribed and sworn to before
(Li/1,Z
/this ,�G�/ day of/ >��.QFJ'L�'ntk-C , /19 7/ by L n7,
(Li/ 1,v;''✓ %^7•�ifi. �/ CiJ71'.U'/'i ���'i�/ F`'%/;t`.,.J '/414-,--/L1
WITNESS my hand and official seal .
My Commission expires :
Notary Public
Northmoor Acres Homeowners Assc. - Johnstown, Colorado 80534
Timothy and Janice Eidson - 20364 Cactus Drive - Johnstown, Colorado 80534
Eldon and Rose Kurtenbach - 12318 West Swarthmore - Morrison, Colorado 80465
•
.The following record of utiliti - s shall be processed by the
` subdivider or his representative as required in Section 6-2 H.
of the Weld County Subdivision Regulations .
NAME OF SUBDIVIDER OR DEVELOPER F' )c A — r Arfizirg4C.J1
• Name of Subdivision /(/,g?>-/p.i ,)t Ace d
Agent Owner ` �Lnr✓, - (Q l Ex€ ,3AC,
Name & Address -9C3G-U Ca<1zfS J,OC , IO hit Se, -t , 66h
ELECTRIC UTILITY COMP Y fo5 L ._ ; (Jo.
Approved b %2-- — 7 '-Cy0. /1; ,,, . /3/5
(N e) (Title) (Date)
Subject to
Disapproved by
(Name) (Title ) (Date)
WATER 6,TV G<J 0
Approved by p-1277G1 4GL,t/l 745/77
( time) (Tice ) (Date )
Subject to
Disapproved by
(Name) (Title) (Date)
SEWER
Septic Sys 6m s Ox.) //✓Oiv/Ooien L4 n
Approved by
(Name) ( 7e) (Date)
Subject to
Disapproved by
(Name) (Title) (Date)
TELEPHONE COMPANY /7 —J , EGl.
Approved by YIn7iX 7 -77
' aYne ) (T ' le) (Date)
Subject to
Disapproved by
(Name) (Title) (Date)
GAS COMPANY
Approved by _ -- N/A
(Name) (Title) (Date)
Subject to
Disapproved by
(Name) (Title) (Date)
FIRE DISTRICT ,„/c/../,,,23-7-c4.2.ci
�// // "--v ��-� Ni, f - - 77
Approved by Se,. / `. - .
(Name ) (Title ) (Date)
Subject
Disapproved by ",r
(Name ) (Title ) (Dntp )
REFERRAL LIST
p APPLIL-NT Eldon Kurtenbach
CASE # S-167 : 79 : 12
REFERRALS SENT OUT ON: October 2, 1979
Ca REFERRALS TO BE RECEIVED BY: October 16, 1979
1- z
U U o
(] H a
F cn
H F7
O U
c REFERRALS RECEIVED
County Attorney
x
OCT 12 1979 County Health
X ^ OCT 16 1979 County Engineer
Soil Conservation Service
1228 Main Street
Longmont, Colorado 80501
Colorado Geological Survey
Dave Shelton
OCT 171379 1313 Sherman Street
Room 703
Denver, Colorado 80203
Don Billings
12023 Weld County Road 36
Platteville, Colorado 80651
Johnstown Fire Protection District
P.O. Box 309
Johnstown, Colorado 80534
FIELD CHECK
FILING NUMBER: S-167 : 79 : 12 DATE OF INSPECTION: 10/12/79 _
NAME: Eldon Kurtenbach
REQUEST: Replat of Lots 4 and 5
LEGAL DESCRIPTION: Lots 4 and 5, Block 1 , Northmoor Estates
LAND USE: N Residential
E Residential/Vacant Land
S Residential
W Residential
ZONING: N Agricultural
LOCATION: Approximately 3 miles E Agricultural
southwest of Johnstown S Agricultural
W Agricultural
COMMENTS:
Lot 5 presently has no improvements. Lot 4 contains a residence with a
circle drive. Both lots front on Cactus Drive although at present
Lot 5 does not appear to have an access point. There appeared to be
adequate sight distance for entering Cactus Drive from both Lots 4 and 5.
BY:
•
•
61 .''c Q �1
cR
ECSN r'‘.3". October '_4, 15'75
cn
Nti dtwos'oa a2 Johnstown, Co. 7.2,:f54
dp`:'eld County Board of Ac;ust ent/ �� p1'ad^ Ss/
L
Weld County Plannins Comi�ir=ion SZ z l 10""-/
Wel d County Colorado
Greeley, Colorado
,,,,::r Sirs,
As owners of an adjacent lot, we are ;mos _ to the variance requested
by Eldon 'hurtenbach on Lot `, Block 1, Northmocr Acres, 1st Filing, Johnstown,
Colorado for the following reasonss
11. In the spring of 1977, before construction was begun on our hone
on Lot 6, Eldon P'urtenbachj then owner of Lots 4,5, And 6, also pert—owner of
F. & L Construction Services, and also Realator for Ellsworth Realty, Inc.
assured us that no house would be built on Lot 5. He stated that a then-recent
survey indicated that the foundation to his house on Lot 4 extended beyond the
property line or distance allowed by county code. He assured us that Lots 4 and
5 would, therefore, have to remain as one unit. We then proceeded to contract
F. & L Construction Services to build a house on Lot 6 after purchasing such lot
from Eldon Eurtenbach, who was also acting es our Resistor.
Now in the fell of 1979, we find that Lot 4 has been sold separate from
Lot 5, that Eldon Furtenbach remains the owner of Lot 5, end that he has applied
for a variance of 59' from the 130' minimum lot width.
We find this an intentional breech to the information given to us by
Eldon Yurtenbach and the agreement made before the construction of our home in
Pvorthmoor Acres.
If this variance is granted, Eldon Eurtenbech can contract a house on
Lot 5 or sell it for that purpose. We ere adamantly opposed to either:
01.•
page 2• 2. If such a variance be grunted and such a house be built, the
regaining space for it's construction would be so narrowed that it would
detract from the spacious look of Northroor Acres. And being adjacent to our
property, it would detract most from our lot/hone.
3.
;; Such a distraction from our property could cause a loss of
value of our lot/home.
4. To grant such a variance could cause a precedent for other
property owners to sub-divide their lots. To this we strongly object.
For these reasons we ask that you deny the request of Eldon Kurtenbach
for replat of Lots 4 and 5, Block 1, Northroor Acres, 1st Filing, Johnstown, Co.
Over end above that we ask for a permanent declaration tat lots
4 and 5 be treated es one unit end/or that no house ever he built on Lot 5
because of the location of the house on Lot 4.
Signed /a' at.
•
Signed , ; Qyk
Virginia & Wayne Bales
2:274 Cactus ;r. •
Johnstown, Colo. 30534
;`
Eldon Kurtenbach
* S-167 : 79 : 12
SURROUNDING PROPERTY OWNERS
October 4 , 1979
Robert and Letha Lewis Robert and Marjorie Jackman
863 South Johnson Court 2107 10th Avenue
Lakewood. Colorado 80226 Longmont, Colorado 80501
William and Frances Plisgs Russell and Susy Ruof
11845 Humboldt Drive 16274 Road 40
Northglenn, Colorado 80733 LaSalle, Colorado 80645
Bernard and Nancee Pasco James and Mary Broadwell
20404 Cactus Drive 201 East 1st Street
Johnstown. Colorado 80534 Apartment #12
Johnstown, Colorado 80534
Timothy and Janice Fidon
20364 Cactus Drive Eddie and Linda Linstedt
Johnstown, Colorado 80534 4127 Weld County Road 22
Longmont, Colorado 80501
Wayne and Virginia Bu' es
20274 Cactus Drive Henry and Etta Hill
Johnstown Colorado Q0514 13918 De Alcola Drive
La Mirada, California 90639
Leo and Lucille Franssen
3166 Salem Street Charles Johnson
Aurora, Colorado 80011 5958 South Birch Way
Littleton, Colorado 80121
Stella Jo Whitaker
1246 West 98th Avenue Glenn and Dollie Johnson
Denver, Colorado 80221 5355 Redrock Drive
Larkspur, Colorado 80118
Douglas Brown
705 South Bryan Thomas and Ethel Newnam
Fort Collins, Colorado 80521 P.O. Box 15356
Lakewood, Colorado 80215
Bernard and Mary Malo
5113 Saguaro Court Northmoor Realty and Development Corr
Johnstown, Colorado 80534 c/o Robert C. McGee, President
American National Bank Building
John Folsom Suite 622
7050 Loma Linda Drive Denver, Colorado 80202
Longmont, Colorado 80501
Leo and Melba Hall
1743 South 8th Street
Abilene, T xas 79605
James and Frances Troxell
2136 Zinnia
Golden, Colorado 80401
•
41,
it
Northmoor Acres
Homeowners Association
P. 0. Box 158
Johnstown, Colorado 80534
November 24 , 1979
Department of Planning Services
Weld County
915 - 10th Street
Greeley, Colorado 80631
Gentlemen:
In reference to your letter concerning the special
meeting scheduled for November 27, 1979 at 1:30 p.m. ,
this letter will notify you that although there is
still considerable opposition among the lot owners
of the Association, the Board of Directors of Northmoor
Acres Homeowners Association plans no further action
in this matter.
Yours truly,
Doug iurray
President
DM/ah
3942526
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RECORDING DATA - MAPS b PLo
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Northmoor Acres Sub Replat of Lots 4 & 5
NAME OF SUBDIVISION
Eldon H Kurtenbach and Rosa Kurtenbach
NAMF OF SUBDIVIDER __ _
Being a subdivision of a protion of the southwest quarter of
LOCATION OF SUBDIVISION Section 24, Township 4 North,_. liaAoPv a WoG+of_tIy--6th P.M. ,
tourity of Weld, State of Colorado.
HATE OF RECORDING DEC 21 1979 BOOK 891 RECEPTION M 1812605
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
C G' ri
BY E OA .Y�-/�/
DEPUTY COUNTY CLERK & RECORDER
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