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Home My WebLink About20093067.tiffRESOLUTION RE: APPROVE RESUBDIVISION, RS #1155, FOR LOT LINE ADJUSTMENT IN ARISTOCRAT RANCHETTES, INC. SUBDIVISION - DEBBIE COUCH / DON KRUGER 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 held a public hearing on the 23rd day of November, 2009, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Debbie Couch, 15725 Caroline Avenue, Fort Lupton, Colorado 80621, and Don Kruger, 15727 Caroline Avenue, Fort Lupton, Colorado 80621, for Resubdivision, RS #1155, for a Lot Line Adjustment in Aristocrat Ranchettes, Inc. Subdivision, on the following described real estate, to -wit: Lots 7 and 8, Block 22 of Aristocrat Ranchettes, Inc. Subdivision; being part of the NE1/4 of Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicants were present/represented by Todd Hodges, Todd Hodges Design, LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537_at said hearing, and WHEREAS, Section 24-5-30 of the Weld County Code provides standards for review of said Resubdivision, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24-5-30.B of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24-5-30.C of the Weld County Code, as follows: a. Section 24-5-30.C - The lot line revision complies with the approved recorded final plat. The lot line revision will comply with the Aristocrat Ranchettes, Inc. Subdivision final plat. The Aristocrat Ranchettes Inc. Subdivision is zoned A (Agricultural) and was created in 1961, prior to the adoption of County subdivision regulations or the current zoning bulk standards. All of the lots within Aristocrat are less than the 80 -acre minimum lot size required as a bulk standard in the A (Agricultural) Zone District, within Section 23-3-50.A. As such, all lots are legally non -conforming lots. Section 24-4-30 - Compliance with the adopted rules, regulations, and ordinances currently in force and affecting the subdivision. The applicant is proposing to decrease the size of Lot 7 from the platted one (1) acre, to 0.898 acre in size, and increase the size of Lot 8 from one (1) acre, to 1.12 2009-3067 PL1555 LT 45 it%ri !)0_s, pc, Pw, Ce--P) ken_ RESUBDIVISION, RS #1155 - DEBBIE COUCH / DON KRUGER PAGE 2 acres in size. The Weld County Board of Adjustment approved a variance to allow the decrease in lot size of Lot 7 (increasing its non -conformity) as the September 1, 2009, hearing. This replat of Lots 7 and 8 will reflect this lot line adjustment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Debbie Couch and Don Kruger for Resubdivision, RS #1155, for a Lot Line Adjustment, on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to Recording the Resubdivision Plat: A. All plats shall be labeled RS -1155, Resubdivision of Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision B. A vicinity map (minimum scale: 1 inch = 2,000 feet) shall be indicated on the plat. C. The existing access points for Lot 7A and Lot 8A shall be indicated on the plat. D. The applicant shall attempt to address the recommendations of the Department of Public Health and Environment as stated in their referral dated November 19, 2009 re: designation of a septic system replacement envelope. E. The following notes shall be placed on the plat, prior to recording: 1) Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, shall be maintained ata maximum height of twelve (12) inches, until the area is completely developed. 2) No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R, in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery, or 150 -foot radius of any wellhead, shall require a variance from the terms of Section 23-3-20 of the Weld County Code. 3) This resubdivision is for a lot line adjustment between Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision. 4) Caroline Avenue and Hart Street are local gravel roads and require a 60 -foot right-of-way at full buildout. There is presently 60 feet of right-of-way. These roads are maintained by Weld County. Pursuant to the definition of setback in Section 23-1-90 of the Weld County 2009-3067 PL1555 RESUBDIVISION, RS #1155 - DEBBIE COUCH / DON KRUGER PAGE 3 Code, the required setback is measured from the future right-of-way line. 5) Topographic or physical features of the proposed lot, such as ravines, ditches, outbuildings, et cetera, may limit the area available for a new or replacement septic system. The Division recommends that the applicant reviews the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. F. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. G. The applicant shall create a digital file of all drawings associated with the Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). A copy shall be submitted to the Weld County Department of Planning Services at the time of Mylar plat submittal. 2. Upon completion of Condition of Approval #1, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-4-40.D.6 through D.8 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 2009-3067 PL1555 RESUBDIVISION, RS #1155 - DEBBIE COUCH / DON KRUGER PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of November, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WEL Q./QU TY, COLORADO ATTEST: Weld County Clerk to the Road BY: { t tA,1-i Deputy Cler APPROVE--,�9� $ TO ORM: ounty Attorney Date of signature: 190,1 C1 illiam F. Garcia, Chair oug EXCUSED Sean P. Conway p { er, Pro-Tem Li ra Kirkmeyer c DavidE. Long 2009-3067 PL1555 cr(*. WIIDe. COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: RS -113+& Hearing Date: November 23, 2009 Applicants: Debbie Couch & Don Kruger Planner: C. Gathman Request: A Resubdivision for a lot line change. Legal Description: Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision; being located in part of the NE4 of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Caroline Avenue and west of and adjacent to Hart Street Parcel #: 1309 27 114011 & 1309 27 114012 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Resubdivision are listed in Section 24-5-10 of the Weld County Code. The Department of Planning Services' Staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral received < Weld County Department of Public Works, referrals received < Aristocrat Ranchette Water, referral received November 11, 2009 < Weld County Zoning Compliance, referral received October 21, 2009 < City of Fort Lupton, referral received November 2, 2009 < Weld County Sheriff's Office, referral received October 29, 2009 The Department of Planning Services' Staff has not received responses from the following agencies: < Colorado Division of Wildlife < Weld County Department of Building Inspection Couch/Kruger RS -1155 Page 1 2009-3067 t**(4 WUDc COLORADO RESUBDIVISION FOR REDESIGN, ADDITION OR VACATION ADMINISTRATIVE REVIEW Case Number: RS -1155 Applicants: Debbie Couch & Don Kruger Planner: C. Gathman Request: A Resubdivision for a lot line change. Hearing Date: November 23, 2009 Legal Description: Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision; being located in part of the NE4 of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Caroline Avenue and west of and adjacent to Hart Street Parcel #: 1309 27 114011 & 1309 27 114012 Summary: The Aristocrat Ranchettes Inc. Subdivision is zoned A (Agricultural) and was created in 1961, prior to the adoption of County subdivision regulations or the current zoning bulk standards. A 20 -foot strip of land that was conveyed from Lot 7 to Lot 8 in 1999 through an illegal land split by previous property owners. The applicant is in the process of legalizing this previous lot line adjustment. This lot line adjustment decreased the size of Lot 7 from 1 acre in size to .898 acre. The current owner of Lot 7 (Debbie Couch) applied for a variance to allow Lot 7 to decrease in size from less than 1 acre in size (thereby increasing the nonconformity of Lot 7). The variance was approved by the Board of Adjustments on September 1, 2009 as the first step in legalizing the lot line adjustment. This proposed resubdivision for a lot line adjustment is the final step in the process to recognize the 20 -foot conveyance of land from Lot 7 to Lot 8 as a legal subdivision of land. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: The submitted materials are in compliance with the application requirements of Section 24-5-40.B of the Weld County Code. 2. It is the opinion of the Department of Planning Services' Staff that the application has shown compliance with Section 24-5-30.C of the Weld County Code, as follows: A. Section 24-5-30.C -- That the lot line revision complies with the approved recorded final plat. The lot line revision will comply with the Aristocrat Ranchettes, Inc. Subdivision final plat. The Aristocrat Ranchettes Inc. Subdivision is zoned A (Agricultural) and was created in 1961, prior to the adoption of County subdivision regulations or the current zoning bulk standards. All of the lots within Aristocrat are less than the 80 -acre minimum lot size required as a bulk standard in the A Zone District by Section 23-3-50.A. As such, all lots are legally non- conforming lots. Couch/Kruger RS -1155 Page 2 B. Section 24-4-30 -- Compliance with the adopted rules, regulations and ordinances currently in force and affecting the subdivision. The applicant is proposing to decrease the size of Lot 7 from the platted 1.0 acre to 0.898 acres in size and increase the size of Lot 8 from 1 acre to 1.12 acres in size. The Weld County Board of Adjustments approved a variance to allow the decrease in lot size of Lot 8 (increasing its nonconformity) at their September 1, 2009 hearing. This replat of lots 7 and 8 will reflect this lot line adjustment. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the Resubdivision Plat: A. All plats shall be labeled RS -1155, Resubdivision of Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision. B. C. The following notes shall be placed on the plat prior to recording: 1) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. 2) No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 3) This resubdivision is a for a lot line adjustment between Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision. 4) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 5) Caroline Avenue and Hart Street are local gravel roads and require a 60 -foot right-of- way at full build out. There is presently a 60 -foot right-of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. D. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services The applicant shall create a digital file of all drawings associated with the Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arcinfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). A copy shall be submitted to the Weld County Department of Planning Services at the time of Mylar plat submittal. Couch/Kruger RS -1155 Page 3 2. Upon completion of items 1 above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-4-40.D.6 through D.8 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. Couch/Kruger RS -1155 Page 4 Att:z 111111e. COLORADO October 21, 2009 Debbie Couch Don Kruger c/o Todd Hodges 1269 N Cleveland Av Loveland CO 80537 • DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: RS -1155- Request for approval of a resubdivision for a lot line change on a parcel of land described as Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision, located in part of the NE4 of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Board of County Commissioners for Monday, November 23, 2009, at 9:00 a.m. This meeting will take place at the Centennial Center,915 10`" Street, First Floor, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ft. Lupton Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Board of County Commissioners. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, d (- IAA° L% Chris Gathman Planner Todd Hodges Design, LLC Re -subdivision for a lot line change for Debbie Couch & Don Kruger properties Prepared by: Todd Hodges Design, LLC 1269 N. Cleveland Avenue Loveland, Colorado 80537 970-613-8556 Submitted October 5, 2009 1269 N. Cleveland Ave • Loveland, Colorado 80537 • (970) 613-8556 • fax: (9701613-8775 enmil toddlrodgesde.sign(gwestojfice.net • • RESUBDIVISION FOR LOT LINE CHANGE APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED RECEIPT/AMOUNT # /8 CASE # ASSIGNED. APPLICATION RECEIVED BY PLANNER ASSIGNED Parcel Number 1 3 0 9 _ 2 7 1. 1 4- 0 1 1 et4j, i301 2.7 i 1 at2- (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or wn h r.:) tzei,! cL: us (Include all lots being included in the application area. If additional space is required, attach an additional sheet ) Legal Description Lots 7 & 8 81k 22 Arisotcrat Ranchettes Section 27 , Township 02 North, Range 66 West Property Address (If Applicable) 15725 and 15727 Caroline Avenue, Fort Lupton, Colorado 80621 Existing Zone District : AG Proposed Zone District. AG Total Acreage.1.987 Proposed #ILots 2 exist Average Lot Size: •99 Minimum Lot Size -898 Proposed Subdivision Name: Aristoctrat FEE OWNERS) OF THE PROPERTY (If additional space is required. attach an additional sheet) Name: Debbie Couch on 15725 and Don Kruger on 15727 Work Phone # Home Phone # Address: 15725 & 15727 Caroline Avenue City/State/Zip Code Fort Lupton, Colorado 80621 Email Address APPLICANT OR AUTHORIZED AGENT (See Below: Authorization most accompany applications signed by Authorized Agent) Name: Todd Hodges Design, LLC c/o: Todd Hodges Work Phone #970-6 3-8556 Home Phone # Address 1269 N. Cleveland Avenue City/State/Zip Code Loveland, Colorado 80537 UTILITIES: Water: Aristocrat Email Address toddhodges@gwestothce.net Sewer Septic Gas LP Electric: United Power Phone. Qwest DISTRICTS: School: RE -8 Fort Lupton Fire. Fort Lupton Fire Protection District Post. Fort Lupton I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. -3®-0g Signature: Owner Authorized Agent Date t D-- D Owner or Authorized Agent Date t -3- Resubdivision for a lot line change request Couch & Kruger properties This request is for a lot line amendment between Lots 7 & 8 Blk 22 of Aristocrat Ranchettes, Inc. Subdivision that was platted in 1961. Prior owners of the lots in 1999 transferred the eastern twenty feet of Lot 7 to Lot 8. This created an illegal land split that will be corrected through the approval of this request. Ms. Couch owns Lot 7 and gained approval from the Board of Adjustment on September 1, 2009 for a lot that is less than one acre in the agricultural zone district. A copy of the Board of Adjustment resolution is included within the application packet. The proposed lot line change is based on the existing property boundary and is the most efficient and orderly way to address the illegal land split that was created by prior owners in 1999. If approved, the resulting lot sizes will be Lot 7 at 0.898 acres in size and Lot 8 a 1.089 acres in size. The resulting lots will be consistent with other platted lots within Aristocrat Ranchettes subdivision and will continue to have the existing uses as allowed in the agricultural zone district. Most lots within Aristocrat were platted at 0.99 acres in size. There are lots platted that are consistent and even smaller than the proposed Lot 7 size of 0.898 acres. This proposal does not affect any existing utility easements or road rights -of -way as shown on the original plat. This proposal does not create any additional lots. This proposal meets the criteria for approval and submittal requirements, is consistent with the surrounding land uses, is consistent with the original platted subdivision and existing zone district, and is consistent with the Weld County Code requirements of Section 24-5-30. Name: Debbie Couch & Don Krug* County Attorney x Health Department _Extension Office Emergency Mgt Office - Ed Herring x Sheriffs Office x Public Works Housing Authority _Airport Authority x Building Inspection x Code Compliance Beth Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State Div. of Water Resources _Geological Survey _Department of Health _Department of Transportation Historical Society _Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife x South Hwy 66 (Loveland) _North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial _Greeley/West Greeley _Platte Valley West Adams _Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service _Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm REFERRAL LIST Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone x Fort Lupton Frederick _Garden City Gilcrest _Greeley Grover Hudson Johnstown _Keenesburg _Kersey LaSalle Lochbuie _Longmont Mead Milliken _New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer • Other _School District RE - x Aristocrat Water RR _Ditch Company, Art Elmquist (MUD Area) - Info Only Case # RS -1155 Fire Districts Ault F-1 _Berthoud F-2 $$$ _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 _Poudre Valley F-15 Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Commissioner Name: (0 cA % Fjnur • REFERRAL LIST IL: es- II County _Attorney S-iealth Department _Extension Office Emergency Mgt Office - Ed Herring Sheriffs Office )SPublic Works _Housing Authority _Airport Authority n Building Inspection K Code Compliance LS. -Beth _0N -Ann _ Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State _Div. of Water Resources _Geological Survey _Department of Health Department of Transportation _Historical Society _Water Conservation Board _Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) _North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts Big Thompson/ FTC _Boulder Valley/Longmont Brighton/SE Weld Centennial _Greeley/West Greeley Platte Valley West Adams Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport _Federal Communications Comm Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone n Fort Lupton Frederick _Garden City Gilcrest _Greeley Grover Hudson Johnstown _Keenesburg _Kersey LaSalle Lochbuie _Longmont Mead Milliken _New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other _School District RE - Central Cob. Water Conservancy Dist RR _Ditch Company, _Art Elmquist (MUD Area) Anshc3 + Commissioner Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Legal Parcel ID # Zone Acres? USDA Airport Geo Haz FP? Panel# IGA? ORD # MUD? P MEMORANDUM TO: Referral Agencies 10/19/2009 COLORADO FROM: Chris Gathman — Planner Ill C, SUBJECT: RS -1155 (lot line adjustment) This case is a follow up to the variance (BOA -1059) that was approved by the Board of Adjustments on 9/1/2009 to allow a lot line adjustment that would decrease the size of Lot 7, Block 22, Aristocrat Ranchettes to less than 1 acre in size. This application is to approve an amendment to the Aristocrat Subdivision to adjust the property line between the two lots. Kristine Ranslem From: Sent: To: Subject: Attachments: Kristine Ranslem Wednesday, October 21, 2009 8:54 AM Ken Poncelow; Bethany Salzman; 'linda.brown-smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'tparko@fortlupton.org' RS -1155 Referral Referral Sheet. rtf; Application. pdf We have just received a case (RS -1155) in which we ask that you review the attached material and send a referral to us by November 21, 2009. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Chris Gathman (cqathmanco.weld.co.us) us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! L.VLstLint Ra wslevvt. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 COLORADO MEMORANDUM TO: Chris Gathman, Planning Services DATE: November 10, 2009 FROM: Donald Carroll, Engineering Administrator SUBJECT: RS -1155, Debbie Couch & Don Druger The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) Caroline Avenue and Hart Street are local gravel roads and require a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Utilize the existing access to this parcel. (Lot 7A and Lot 8A) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RS -1155 M:\PLANNING - DEVELOPMENT REVIEW\RS-Re Subdivision \RS-1155.docM:\PLANNING — DEVELOPMENT REVIEW\RS-Re Subdivision \RS-1155.doc Weld County Referral October 21, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Debbie Couch & Don Kruger Case Number RS -1155 November 21, 2009 Resubdivision for a lot line change Planner Chris Gathman Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision, located in part of the NE4 of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado. North of and adjacent to Caroline Avenue and west of and adjacent to Hart Street Parcel Number 1309 27 114011 & 1309 27 114012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Board of County Commissioner Hearing November 23, 2009 ❑ We have reviewed the request and find that it does /does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. XX See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Please see attached. Signature Agency l /A oning Complianall Officer II Date 10/21/09 +Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 +(970) 353-6100 ext.3540 ❖(970) 304-6498 fax I•- ,�'� Wl`Dc COLORADO MEMORANDUM To: Chris Gathman, Planner October 22, 2009 From: Bethany Salzman, Zoning Compliance Officer II Subject: RS -1155 Referral Parcel 1309 27 114011 Upon review of my case files and computer, an active Zoning Violation (ZCV09-00050) was noted. The violation was initiated due to the presence of a semi trailer without first obtaining the necessary Zoning Permit(s) as required for the presence of a semi trailer as a storage unit when situated within a subdivision, such as Aristocrat Ranchettes. This case was presented to the Board of County Commissioners through the Violation Hearing process on June 16, 2009. If this application is approved, the applicant will be submitting a building permit for the installation of a garage. Once the garage is completed the storage will be relocated within the garage and the semi trailer shall be removed. Once the trailer has been removed, the violation case will be closed. If this application is denied, the applicant shall either remove the semi trailer or submit the necessary application (ZPAS) to have it appropriately permitted; otherwise, the violation case will proceed accordingly through the District Court process. Parcel 1309 27 114012 Upon review of my case files and computer, no ACTIVE violations were noted. SERVICE. -TEAMWORK. INTEGRITY, QUALITY 11/12/2009 09:20 3038576603 ARWP PAGE 01 ler; WIOCouto Weld County Referral October 21, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Debbie Couch & Don Kruger Case Number RS -1155 Please Reply By November 21, 2009 Planner Chris Gathman Project Resubdivision for a lot line change Legal Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision, located in part of the NE4 of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Caroline Avenue and west of and adjacent to Hart Street Parcel Number 1309 27 114011 & 1309 27 114012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please cell the Department of Planning Services. Board of County Commissioner Hearing November 23, 2009 O We have reviewed the request and find that it does / does not comply with our Comprehensive Plan wave reviewed the request and find no conflicts with our interests. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: Signature Agency •Weld County Planning Dept. •918 10'" Street, Greeley, Co. 80631 •(970) 353.6100 ext,3540 •(970) 3044498 fax Weld County Planning Department GREELEY OFFICE VIDc. COLORADO N0V 027019 RECEIVED Weld County Referral October 21, 2009 The Weld County Department of Planning Services has received the following item for review: ,Applicant Please Reply By November 21, 2009 Project Legal Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision, located in part of the NE4 of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado. Debbie Couch & Don Kruger Resubdivision for a lot line change Case Number RS -1155 Planner Chris Gathman Location 'Parcel Number North of and adjacent to Caroline Avenue and west of and adjacent to Hart Street 1309 27 114011 & 1309 27 114012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Board of County Commissioner Hearing November 23, 2009 Comments: We have reviewed the request and find no conflicts with our interests. Signature Agency kidD Sgettc,i= Date Weld County Planning Dept. co918 10th Street, Greeley, CO. 80631 uo(970) 353-6100 ext.3540 fn(970) 304-6498 fax 11/02/2009 14:18 3038570351 CITY OF FT LUPTON PAGE 04/04 Weld County Referral November 2, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Debbie Couch & Don Kruger Case Number RS -1155 Please Reply By November 21, 2009 Planner Chris Gathman Project Resubdivision for a lot line change Legal Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision, located in part of the NE4 of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Caroline Avenue and west of and adjacent to Hart Street Parcel Number 1309 27114011 & 1309 27 114012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed ddate so that we may give full consideration to your recommendation. Any response not received before on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Board of County Commissioner Hearing November 23, 2009 ® We have reviewed the request and find that it does/does not comply with our Comprehensive itZs-have reviewed the request and find no conflicts with our interests. e See attached letter. ® Please notify me of any public hearings regarding this request. Comments: Signature r/0),A Agency City of Fort Lupton Date November 2, 2009 rcWeld County Planning Dept. m918 10'" Street, Greeley. CO. 80631 m(970) 353.6100 ext3540 ro(970) 304-6495 tax WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File #: Date: RE # : Other Case #: 1. Applicant Name 1-72-61 ,1g— t-oJcAl + "f7o r-{J`\e-f Phone 3o3 — $61— 44 Sk_6J ianna_nliba2 A,re.. `efty roe+ Lopt,,,I State GO ZIP g-oS -( Address 2. Address or Location of Arrrss I e27ZLj ( el eC.-[e titre- Ate -0.04— Section 027 Township OZ Range 64 SubdivisionAri5Teclat Block 22._- Lot' 14-S Weld County Road #:tnaceL\+— Side of Road I Distance from nearest intersection SaL exeSi,1 3. Is there an existing access(es) to the property? Yes K No # of Accesses I ee-fkw- 4. Propppo��ed Use: Permanent Residential/Agricultural ❑ Industrial Temporary ❑Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG RES O&G D.R. 0 A = Agricultural = Residential = Oil & Gas = Ditch Road = House = Shed = Proposed Access = Existing Access e A{., ink OFFICE USE ONLY: Road ADT nate Accidents nate Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: INC. SUBD RANCHETTES, } s�a o °)o o )o§ + ,la e a=c - y (Z1 © Ow - Q« N ;!/� \ ()E / §0 i° A REPLAT OF LOTS 7 AND ( ( ! \ 1.3381S m. NOVzoaDonas t CN CNI Cm) loaotwas 0 or) la) zatoaacio ! ., ! { ! ) 9 (� ! p;| | ! d { • / L Lxx.pion, ic WARRANTY DEED TD1S DEED, Made this 15th day of December, 2006 between Guadeneiu Flores and Alfonso Flores•Duerter° of the City and County of Weld, State of Colorado, grantor and Debbie J. Couch whose legal address is: 15125 Caroline Avenue, Fort Lupton, Colorado 80021 of the City and County of Weld, State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of One Hundred Fifty -Eight Thousand Dollars and NO/100's (SI58,11011.00) the receipt and sufficiency of which is hereby acknowledged, has granted, baig and assigns solld and a forever, conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, all the real properly together with improvements, ir soy, situate, lying and being in die City and County of Weld, and State of COLORADO, described as follows: Lot 7, Block 22, Aristocrat Rmohettes Inc. Subdivision, a Subdivision of the County of Weld, State of Colorado EXCEPT the Easterly 20 feet of said Lot 7, County of Weld, Slate of Colorado. also known by street and number as 15725 Caroline Avenue, Fort Lupton, CO 80621 TOGETHER with all and singular the heredilauaents and appurtenances therewith belonging, or it anywise 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 grantor, either to law or equity, of, in and to the above bargained premises, with the hemdiWnwnts and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto theg utlrno°, his heirs and assigns forever. And the grantor, for himself, Ills heirs, and personalhe representatives, does covenant, grant, bargain d very of these ts, he and agree to and with the ssabove his heirs and assigns,sine, at at erle lime of fect, absolute and indefeasible usealing n eliistate of inheritance,inlaw, well .seized of the premises above conveyed, good, perfect, fee simple, and has good right, full power and lawful authority in grant, bargain, sell and convey the same in myuier and form as aforesaid, and that the sane are free and clear from all former and other grans, bargains, sales, liens, taxes, assessments, etnunbnnces imd restrictions of whatever kind or nature snorer, except ail taxes and assessments for the current year, a lien but not yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a "Title Review", of the contract dated November 16, 2006, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable the grantee his heirs and assigns, against I ereof.t T I of singular munber shall include the plural, all lclaiming the the plural the singular, and the use of any gender shall be applicable to r all genders. IN WITNESS WHEREOF, the grantor has executed this decd on the date set forilt above. SELLERS: ��_ uadencio Flores STATE OF COLORADO COUNTY OF Adams The foregoing instrument was acknowledged before me this 15th day of December, 2006 by Guadenein Flores and Alfonso Flores-Huerlero 15g9-- (.412/0 o Witness my hand and official seal. My Commission expires: ilovec BRENDA L, ARCHULaTA NOTARY PUBLIC STATE OF COLORADO My Commission Expires 07/1912009 WDPiiOl'0 Wnrronhy Decd O'er Pl,ntotpaphio Record) updated 1/21106 Alfonso Flores-Iinertdro )ss: _ l . O.a Notary ublic I IIIIII VIII VIII Iilll Id ION IIIIII III VIII Ill! IIII 3447758 01/12/2007 02 08P Weld County, CO 1 et 1 R 6.00 D 15,80 Steve Moreno Clerk & Recorder Security Male File No.61,184069 429 [SEAL] I1I I I ILIA tii110111 NI IN I1I Vl 1111 (III III „ itOM Weld county, c0 i of 1 R 6.00 0 0.00 SMm UoleRo clMc a Recorder QUIT CLAIM DEED THIS DEED. made this dry of March, 2006, between DON L. KRUGER AND SEAN V. KRUGER of the County of WELD, Stare of Colorado, grantor. and DON I.. KRUGER, • AFTER RECORDING RETURN TO: Pacific lids and Escrow 2801 YOUNCIFIELD, SUITE 351 GOLDEN. COLORADO j04011 whose legal address is 15727 CAROLINE AVENUE, FORT LUPFON, Colorado 80621, grantee: W ITNESSETII. That the vanity for and in consideration of the sum of Tea mid Na/I00010.00) Milan. the receipt and sufficiency of which is hereby acknowledged, sauteed, released, sold and QUIT( LA AHED, and by these presents does remise, release, sell and QUITCLAIM tab the grantees, their heirs, sueeesse'm and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, Saest, claim and deTnan.: so loch the grantor h.es in and to the rear prop my, together with improvements, ifany, situate, lying and lag re the Count) ofWEID and State ofCalmedo described as follows: LOT 0 AND THE EASTERLY 20 FEET OF LOT 7. BLOCK 22, ARISTOCRAT RANCIIETTES INC. SUBDIVISION, COUNTY OF WELD. STA IT OF COLORADO as known by street and number ac 15727 CAROLINE AVENUE, FORT LUPTON, Colorado 80621 TO HAVE AND TO HOLD the same, together with all and singular the apprbunees and privileges thetwnto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only props to benefit and behooves of the grantees, their heirs and assigns fisevec The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESSHEREOjs1hegmtor has executed this deed on the date set forth above. d ` f.RUG ST_tTF OICOLORADO COIN Y OF MESA f@' fit :pang imtrument was acknowledged before me this 15 day of March, 2006, by SEAN V. KRUGER. My Commission expires: titia ya ass.. 'aanpos•.e IN gam aC:ot bares July 1120M RECORD 1ST 4OO4-7 Hitt III 81111111111111 IM III®III 8111 II II INI • 308e90 67RSI2003 O2.SBP mid Oounq, CO 1 of 1 R 6.00 0 12.00 Steve Mums CNNk & Recorder SPECIAL WARRANTY TIRE Dia I. Chi 3eab'_41h dayet Tenor 3vf�y baton Citibank, N.A. as Trustee 1003 . ono county of San Diego aatSbtaet California Na ql ad Dean s . w104111 and Sean V. 1RW.ar as Joint Tenants whose legaladben% 15727 carotins Avenue, Port Lorton, Co 80621 tithe County of Weld rd Sae ti Colorado ,pata(a} WRNES:M HMS as gmeka(a), farad iaom.Nmeonetas and ais HUNDRED TbmRY THOUSAND AND NO/100 • -DOLLARS. (6120, 000.00 )T as receipt and sufficiency of which is he eby dmowlodged. S. giakd Spied meld ad cameyd, and by these prams does rot bargain set, weeny ad caanrt wl the grax(s). his heirs and seism ftw, .n Ow t:alproperty WWthes with impownnde. if ay. stale. lying and being in Me County of Veld , ad SSW of Caleedo. described as follows Lot 8 and the Easterly 20 feet of Lot 7, Block 22, ARISTCCRAT RANC11ETTES INC. SUBDIVISION. County of Weld, State of Colorado else known by Ind and number ms 15727 Caroline Avenue, Pt. Lupton, Colorado 80621 TOGETHER will al and siogdar Tire baodlasou tad sppesberces Menan bekeging, a la anywise appaa b% ad the manta and rvyeuirw, mosmler sod ramakdaa, sea Ian sod profits thereof. and .g 6a Sate, sight title inmate*, chin sad demand yNhoenr of as pa lm(m). adtee a M a sgdy, ti, in and to the show bsepdad p®et with the pged8amamh said appaowrua. TO HAVE AND TO HOLD as said psmsw shove bargained and dwPoed, with the nppweraecee. am the Wake(.), his bela said assign reeves. The gadm(a). run biaselt his heirs set paw +men a successors. don cannel aid arse tat he shall end win WARRANT AND TOQRVNR BEHIND the eten-bagged pales in as quiet end pate possession of the Waees(s), his hdn rd magan against all and every paw or peas chiming de whop a may pal thasd. by. Bergh or under the g.eaa(a). The Angularaeoter shat include Be stunt the plural the ssgdar, and theme of any soda dell be .pptiaHe to at gager. WHEREOF. aped gnnSa)ed aaatd this dada the this in fad above. tee OT BY CHASE MANHATTAN MORTGAGE CORR AS ATTORNEY -IN -FACT V. AtnA CgIn161iahe 128055 Motay Pubic - Cdtomict IQs Dingo Canty [ .rya. gisa®ent 30th bay of June , 0, of Citibank, N.A. a. s2 Tru7by ebw. My Caondodah expires: t /Si?th3 Vass issy head aid officid Notary Public af®ALwuzsflr1 DIED wean R! Linaaay System Cleaner Checklist for Health Department Use Suc-N-Up INC. 14196 WCR 7 Meade, CO 80542 cell (720)289-6210 office (970)674-9134 fax (970)535-4792 Customer Name: Pump out Address: 1. Pump out date: Di, Spark, a 1026' (iia_ o DuPi fI / v�v� O 2. Gallons pumped: 3. 4. Liquid level in tank over the inlet line: YES__NO 11 5. Tank construction c eck one): - concrete _ - metal - plastic or fiberglass /626g Water running back from tank excessive: YES NO4if yes, estimate:_. - cesspool or sewage pit __ - other _ 6. Tank condition observed: - one compartment or two compartments 7- - inlet/outlet tees and/or baffles in good condition: YES /\ NO - access to clean -out lids within 8" of grade: YES/ NO - obvious cracks/leaks observed: YES NO x 7. Other conditions which may affect proper functioning of system roYA. peach 6 Ii a// -CMc � gal l ,r) di'6 The septic tank on this property was pumped on the date indicated above. This form must be submitted with the Mortgage Loan Application and be signed by the system cleaner. The information provided her in is intended to aid the Department in its evaluation and is not the determining factor for ppr or disapproval. SUC-N-UP /oo0 e id it gieg - n _ X0_,6 rya -ell -o r l oci e _ 74Q '_- sf__4ek ;7 loll/ /r kyle /6 >' // WELD COUNTY HEALTH DEPARTMENT 1517 16TH AVENUE COURT, GREELEY, CO 80631 (970)353-0635 EXT 2225 FAX (970)356-4966 Permit # . Permit Type: Parcel No: Location: Legal Desc: APPLICANT OWNER SP -9600071 Sec/Twn/Rng: 27 02 66 RNEW C -commercial, R -residential a NEW, REPair, VauLT r'.cvr Status: ISSUED Applied: 02/06/1996 1309 27 114002 Issued: 03/JJ5/1996 Finaled: 6"0 .9196 15727 CAROLINE AVE, FT LUPTON ARISTOCRAT LT 7 BLK 22 AR22-7 L7 BLK22 ARISTOCRAT RANCHETTES INC 15697 CAROLINE AV FORT LUPTON FRENCH FRANK & DONNA & FRENCH FRANK F JR, 15727 CAROLINE AVE, FT LUPTON CO 80621 FRENCH FRANK & DONNA & FRENCH FRANK F JR, 15727 CAROLINE AVE, FT LUPTON CO 80621 Description: Commercial (Y/N): MODULAR HOME Number of Persons: 5 Number of Bedrooms: 3 Water Public (Y/N): Y Water Private (Y/N): Water Permit No: Percolation Rate: Ground Slope: Engineer Design Req'd (Y/N): N Minimum Installation Septic Tank: 1000 gal Residential (Y/N): Y Basement Plumbing (Y/N): N Bathrooms-> Full: 1 Acres: 1.00 3/4: 1 1/2: Utility Name: ARISTOCRAT WATER SUPPLY Cistern (Y/N): Well(Y/N): 8.9 Limiting Zone: 08 ft 00 in Dir: Soil Suitable (Y/N): Y Actual Installation Septic Tank:f00 () gal Desc: GROUNDWATER In 100 Yr Flood Plain (Y/N): N Absorption Trench: 522 sq. ft. Absorption Bed: 711 eq. ft. Absorption Trench: Sd...3- sq. ft. Absorption Bed: sq. ft. NOTICE The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted perauant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit perauant to CRS 1973 25-10-111 (2). This permit is not transferable. The Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the weld County Health Department. yr" itt `6 44 i4kM onmental Special st D e ctrei fir. 3 -ieTha,A -4_ Caa�� C_Ovi olt� WELD COUNTY HEALTH DEPARTMENT 1517 16TH AVENUE COURT, GREELEY, CO 80631 (970)353-0635 EXT 2225 FAX (970)356-4966 Permit # : SP -9600071 Permit Type: RNEW o -commercial, it -residential • NEW, REPair, VauLT Parcel No: 1309 27 114002 PERMIT Applied: 02/06/1996 Expires: 01/31/1997 Location: 15727 CAROLINE AVE, FT LUPTON ARISTOCRAT LT 7 BLK 22 Legal Desc: AR22-7 L7 BLK22 ARISTOCRAT RANCHETTES INC APPLICANT FRENCH FRANK & DONNA & FRENCH FRANK F JR, 15727 CAROLINE AVE, FT LUPTON CO 80621 OWNER FRENCH FRANK & DONNA & FRENCH FRANK F JR, 15727 CAROLINE AVE, FT LUPTON CO 80621 -------------------------------------------------------------------- Description: MODULAR HOME Commercial (Y/N): Residential (Y/N): Y Acres: 1.00 Number of Persons: 5 Basement Plumbing (Y/N): N Number of Bedrooms: 3 Bathrooms-> Full: 1 3/4: 1 1/2: Water Public (Y/N): Y Water Private (Y/N): Water Permit No: Percolation Rate: &. 3 Limiting Zone: E' ft in Desc: Ground Slope: C.) Dir: / Soil Suitable (Y/N)-0`— Engineer Design Req'd (Y/N): N In 100 Yr Flood Plain (Y/N): W Utility Name: ARISTOCRAT WATER SUPPLY Cistern (Y/N): Well(Y/N): From the application information supplied and the on -site soil percolation data the following minimum iuetalletion specifications are required: Septic Tank: 10 b0 gallons, Absorption Trench 5A2, sq. ft. or Absorption Bed -]f1 sq. ft. In addition, thisqpermit is subject to the following iadditional terms and conditions: �iU! t&.'.g(d (� f5b5/ii 940 6LP NOTICE This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County Health Department tor reasons sec forth in the weld County individual sewage disposal system regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system. This permit is not transferable. Before issuing final approval of this permit the Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval is contingent upon the final inspection of the completed system by the Weld County Health Department. calota 1 -o -y' ironme tah 1 SpeoOalist :4/5d1 e RESOLUT• OF THE WELD COUNTY BOARD OF AllfrISTMENT Moved by Erich Ehrlich that the following resolution be introduced for passage by the Weld County Board of Adjustment. Be it resolved by the Weld County Board of Adjustment that the following be adopted: CASE NUMBER: PLANNER: APPLICANT: REQUEST: LEGAL DESCRIPTION LOCATION: BOA -1059 Brad Mueller Debbie Couch Variance from the lot size requirement in Section 23-3-50.A located in the Agricultural Zone District. Part of Lot 7 Block 22 Aristocrat Ranchettes Subdivision being part of Section 27, T2N, R66W of the 61h P.M., Weld County, Colorado. North of and adjacent to Caroline Ave and approximately 230 feet west of Hart St. The Board of Adjustment has determined that the submitted materials are in compliance with the application requirements of Section 23-6-40 of the Weld County Code and recommends that this request be approved for the following reasons: 1. Section 23-6-40.C.1 - Special conditions and circumstances exist which are peculiar to the lot , structure, or building involved and which are not applicable to other lots, structures or buildings in the same zoning district. 2. Section 23-6-40.C.2 -- Literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. 3. Section 23-6-40.C.3 -- The special conditions and circumstances do not result solely from the actions of the appellant. 4. Section 23-6-40.C.4 -- The reasons set forth in the application and testimony justify the granting of the variance. and the variance is the minimum variance that will make possible the reasonable use of the lot, building or structure. 5. Section 23-6-40.C.5 -- The granting of the variance will be in harmony with the purpose and intent of this Chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. Based on the submitted application materials and other relevant information regarding this request, the Board of Adjustment's recommendation is conditional upon the following: 1. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. 2. All septic systems must be located on their respective lots and meet all lot line setback requirements. The applicant shall provide a drawing of the septic system, with dimensions and distance from lot lines, to the Weld County Department of Public Health & Environment for verification of setbacks. 3. The applicant shall complete a re -subdivision for a lot line adjustment, adjusting the lot line to conform to the area represented by the property deeds and in the variance application. Motion seconded by Bryant Gimlin. Resolution BOA -1059 Debbie Couch Page 2 • VOTE: For Passage Erich Ehrlich Benjamin Hansford William Hansen Bryant Gimlin Against Passage Absent Bill Hall Jerry Neff Bruce Fitzgerald The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to serve as a permanent record of these proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Board of Adjustment, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Board of Adjustment of Weld County, Colorado, adopted on September 1, 2009. Dated the 1s' of September, 2009. Ptht' tk It`GULcitf2__ Kristine Ranslem Secretary COLORADO ISCrit!' Memorandum TO: Chris Gathman, W.C. Planning DATE: November 19, 2009 FROM: Mary Cavnah, EH Services CASE: RS -1155 APPLICANT: Couch Environmental Health Services has reviewed this proposal for a re -subdivision for a lot line adjustment between Lots 7 and 8, Block 22, Aristocrat Ranchettes. The lot line adjustment would decrease the size of Lot 7 to 0.898 acres in size. Aristocrat Ranchettes Water District provides water and an individual sewage disposal system provides sewer. Per the requirements of conditions 1 and 2 of BOA -1059, the existing septic system for the residence on Lot 7 has been evaluated and a permit has been issued (Permit #SE -0900046). The residence on Lot 8 has a permitted septic system (Permit #SP -9600071). Additionally, please note the following: 1. Our Department recommends the applicant to set aside an area for a septic system replacement envelope. This envelope should be contained entirely within the boundaries of the individual lot. Lot lines may need to be adjusted if this cannot be accomplished with the boundaries proposed. 2. Topographic or physical features of the proposed lot, such as ravines, ditches, outbuildings etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant reviews the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. 9c — 3( (� COLORADO 0A)tr LAND USE APPLICATION SUMMARY SHEET Case Number RS -1133 Applicants: Debbie Couch & Don Kruger Planner: C. Gathman Request: A Resubdivision for a lot line change. Hearing Date: November 23, 2009 Legal Description: Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision; being located in part of the NE4 of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Caroline Avenue and west of and adjacent to Hart Street Parcel #: 1309 27 114011 & 1309 27 114012 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Resubdivision are listed in Section 24-5-10 of the Weld County Code. The Department of Planning Services' Staff has received responses from the following agencies: Weld County Department of Public Health and Environment, referral received Weld County Department of Public Works, referrals received Aristocrat Ranchette Water, referral received November 11, 2009 Weld County Zoning Compliance, referral received October 21, 2009 City of Fort Lupton, referral received November 2, 2009 Weld County Sheriffs Office, referral received October 29, 2009 The Department of Planning Services' Staff has not received responses from the following agencies: • Colorado Division of Wildlife • Weld County Department of Building Inspection Couch/Kruger RS -1155 Page 1 RESUBDIVISION FOR REDESIGN, ADDITION OR VACATION ADMINISTRATIVE REVIEW Case Number: RS -1155 Hearing Date: November 23, 2009 Applicants: Debbie Couch & Don Kruger Planner: C. Gathman Request: A Resubdivision for a lot line change. Legal Description: Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision; being located in part of the NE4 of Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Caroline Avenue and west of and adjacent to Hart Street Parcel #: 1309 27 114011 & 1309 27 114012 Summary: The Aristocrat Ranchettes Inc. Subdivision is zoned A (Agricultural) and was created in 1961, prior to the adoption of County subdivision regulations or the current zoning bulk standards. A 20 -foot strip of land that was conveyed from Lot 7 to Lot 8 in 1999 through an illegal land split by previous property owners. The applicant is in the process of legalizing this previous lot line adjustment. This lot line adjustment decreased the size of Lot 7 from 1 acre in size to .898 acre. The current owner of Lot 7 (Debbie Couch) applied for a variance to allow Lot 7 to decrease in size from less than 1 acre in size (thereby increasing the nonconformity of Lot 7). The variance was approved by the Board of Adjustments on September 1, 2009 as the first step in legalizing the lot line adjustment. This proposed resubdivision for a lot line adjustment is the final step in the process to recognize the 20 -foot conveyance of land from Lot 7 to Lot 8 as a legal subdivision of land. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24-5-402 of the Weld County Code. It is the opinion of the Department of Planning Services' Staff that the application has shown compliance with Section 24-5-30.C of the Weld County Code, as follows: A. Section 24-5-30.C -- That the lot line revision complies with the approved recorded final plat. The lot line revision will comply with the Aristocrat Ranchettes, Inc. Subdivision final plat. The Aristocrat Ranchettes Inc. Subdivision is zoned A (Agricultural) and was created in 1961, prior to the adoption of County subdivision regulations or the current zoning bulk standards. All of the lots within Aristocrat are less than the 80 -acre minimum lot size required as a bulk standard in the A Zone District by Section 23-3-50.A. As such, all lots are legally non- conforming lots. Couch/Kruger RS -1155 Page 2 B. Section 24-4-30 -- Compliance with the adopted rules, regulations and ordinances currently in force and affecting the subdivision. The applicant is proposing to decrease the size of Lot 7 from the platted 1.0 acre to 0.898 acres in size and increase the size of Lot 8 from 1 acre to 1.12 acres in size. The Weld County Board of Adjustments approved a variance to allow the decrease in lot size of Lot 8 (increasing its nonconformity) at their September 1, 2009 hearing. This replat of lots 7 and 8 will reflect this lot line adjustment. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the Resubdivision Plat: A. The plat shall be amended to include the following: 1) All plats shall be labeled RS -1155, Resubdivision of Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision. 2) A vicinity map (minimum scale: 1 inch = 2,000 feet) shall be indicated on the plat. The applicant shall address the requirements of the Department of Public Health and Environment as stated in their referral dated November 19, 2009. A septic system replacement envelope shall be submitted and approved by the Department of Public Health and Environment for Lot 7A and shall be designated on the plat. (Department of Public Health & Environment) C. The applicant shall address the requirements of Public Works as stated in the referral response received November 10, 2009. No additional access points shall be granted. (Department of Public Works) D. The following notes shall be placed on the plat prior to recording: 1) No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) This resubdivision is a for a lot line adjustment between Lots 7 and 8, Block 22, Aristocrat Ranchettes, Inc. Subdivision. 3) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 4) Topographic or physical features of the proposed lot, such as ravines, ditches, outbuildings etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant reviews the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. Couch/Kruger RS -1155 Page 3 E. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services F. The applicant shall create a digital file of all drawings associated with the Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). A copy shall be submitted to the Weld County Department of Planning Services at the time of Mylar plat submittal. 2. Upon completion of items 1 above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-4-40.D.6 through D.8 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. Couch/Kruger RS -1155 Page 4 MEMORANDUM 11`k COLORADO TO: Board of County Commissioners FROM: Chris Gathman — Planner Ill SUBJECT: Proposed Amendments to RS -1155 resolution The Department of Planning Services proposes the following additions/revisions to the RS -1155 resolution: 1.6. 1.C. 1.D A vicinity map (minimum scale: 1 inch = 2,000 feet) shall be indicated on the plat. The existing access points for Lot 7A and Lot 8A shall be indicated on the plat. The applicant shall attempt to address the recommendations of the Department of Public Health and Environment as stated in their referral dated November 19, 2009 re: designation of a septic system replacement envelope. 1.E.4 Re -letter notes on plat from B to E and replace plat note #4 with the following note: Topographic or physical features of the proposed lot, such as ravines, ditches, outbuildings etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant reviews the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. Aft; Wiiii COLORADO Memorandum TO: Chris Gathman, W.C. Planning DATE: November 19, 2009 FROM: Mary Cavnah; EH Services CASE: RS -1155 APPLICANT: Couch Environmental Health Services has reviewed this proposal for a re -subdivision for a lot line adjustment between Lots 7 and 8, Block 22, Aristocrat Ranchettes. The lot line adjustment would decrease the size of Lot 7 to 0.898 acres in size. Aristocrat Ranchettes Water District provides water and an individual sewage disposal system provides sewer. Per the requirements of conditions 1 and 2 of BOA -1059, the existing septic system for the residence on Lot 7 has been evaluated and a permit has been issued (Permit #SE -0900046). The residence on Lot 8 has a permitted septic system (Permit #SP -9600071). Additionally, please note the following: 1. Our Department recommends the applicant to set aside an area for a septic system replacement envelope. This envelope should be contained entirely within the boundaries of the individual lot. Lot lines may need to be adjusted if this cannot be accomplished with the boundaries proposed. 2. Topographic or physical features of the proposed lot, such as ravines, ditches, outbuildings etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant reviews the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. Chris Gathman From: Sent: To: Cc: Subject: Mary Cavnah Friday, November 20, 2009 3:18 PM Chris Gathman Lauren Light RE: RS -1155 comments I spoke to Lauren regarding requiring the septic replacement envelope to be designated on the plat prior to recording. She informed that it is not required, so please remove this condition from your summary sheet. Thanks, Mary Original Message From: Chris Gathman Sent: Friday, November 20, 2009 3:06 PM To: Donald Carroll; Lauren Light; Mary Cavnah Subject: RS -1155 comments Should be a 5 minute deal on Monday's 9 AM board hearing. I believe I have included all of your comments. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Hello