HomeMy WebLinkAbout820548.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 571 - DOROTHY A. LELL,
MARGUERITE K. SCOTT AND ROBERT T. SAKATA
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 at a public meeting held in the Chambers of the Board,
that the division into two parcels of land, as shown on the plat
known as Recorded Exemption No. 571, being the property of
Dorothy A. Lell, Marguerite K. Scott and Robert T. Sakata, des-
cribed as part of the SEa of Section 7, T1N, R66W of the 6th
P.M. , Weld County, Colorado, being more particularly described
in the plat which shall be provided by the applicants and known
as Exhibit "A" , said plat to be recorded, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the hereinabove des-
cribed parcel of land owned by Dorothy A. Lell, Marguerite K.
Scott and Robert T. Sakata be, and hereby is, exempt from the
definition of the terms "subdivision" and "subdivided land" .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 1st day of
September, A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Qu¢ � WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,, LA
and Clerk to the Board J rtin, Chairman
Deputy County Clerk C uck Carlson, Pro-Tem
APPROVED AS TO FORM:
Norman Carlson
EXCUSED
County Attorney C Kirby
Ji K. Steinmark
820548
DATE PRESENTED: September 8 , 1982
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:` DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631 IlliC. September 1, 1982
COLORADO
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #571
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Lell, Scott & Sakata for a recorded exemption. The parcel
of land on which this request is being made is described as part of the
SEk of Section 7, T1N, R66W of the 6th P.M. , Weld County, Colorado.
The property is located adjacent to Fort Lupton's southern boundary.
The property contains approximately 135 acres of Class II irrigated and IV
nonirragated soils.
The request is to divide the property into parcels of 33 acres and 101
acres, more or less.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be approved
for the following reasons:
1. The request complies with Section 9-2C. of the Weld County
Subdivision Regulations submission requirements.
2. The request complies with Section 9-2 E. of the Subdivision
Regulations as follows:
- The 101 acres, more or less, under consideration will
continue in agricultural production operated by Mr. Sakata.
The 33 acre tract contains Class VI soils and two residences.
- The proposal was reviewed by the city of Fort Lupton and was
found to comply with their long-range Comprehensive Plan.
- The proposal is in compliance with Section 1-3 of the Weld
County Subdivision Regulations and the proposed land divi-
sion complies with the Weld County Comprehensive plan; there-
fore, the proposed use is consistent with efficient and
orderly development.
Board of County Commissioners
Page 2
- The proposal does not exist in an overlay district area.
- The proposed lots meet minimum lot size requirements for
land division.
- The proposed lots are not part of a recorded exemption
within the last five (5) years.
- The two lots proposed will have adequate access from
U.S. Highway 85 or old Highway 85.
Respectfully,
,
Rod Allison
Current Planner
RA:bn
FIELD CHECK
=FLING NUMBER: SE-163 and RE-571 _ DATE OF INSPECTION: August 25, 1982
Lell, Scott and Sakata
REQUEST: A recorded exemption and a subdivision exemption
LEGAL DESCRIPTION: Part of the SE4, Section 7, T1N, R66W
LAND USE: N Wheat
E Corn field
S Corn crops and onions
W Corn crop
ZONING: N Port Lupton
LOCATION: Adjacent to the southern boundary E Agriculture
of Fort Lupton S Agriculture
W Agriculture
COMMENTS:
A house out_ bL ld in2G b a- d corral exist as improvements on the proposed Lot "A".
Access to the property is from Weld County Road 101. There is a ridge adjacent to
and on the south side of Weld County Road 101.
BY:
R d Allison, Current Planner
RA:rg
RECORDED EflM'TZON ;' APPLICATION
Weld County
Department of Planning Services
915 - 10th Street
Greeley , Colorado 80631
PHONE : 356-4000 Ext. 404
FOR PLANNING DEPARTMENT USE ONLY :
Permit Fee : 95 %9- Case Number :
Recording Fee : App . Checked by :
Receipt No . : /2 €74'7
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TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE-
MENTS : Print or type only , except for necessary signatures .
I , (we ) the undersigned , hereby request a hearing before the Weld County
Planning Commission concerning a proposed Conditional Use Permit for the
following described unincorporated area of Weld County :
LEGAL DESCRIPTION of contiguous property owned: upon w-h-i-ch Go-ndiiti-onaa Use
PErmis �ropvsed :
SEE ATTACHMENT "A"
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LEGAL -D€5-CRIPTIO-N OF CONDITIOtMT USE PERMIT AREA:
SFF _ATTACHMENT-!!p;!
Colo 80621
STREET LOCATION : 4371 Weld County Road 27 , Ft . Lupton,ZONE :
PROPOSED USE : Agricultural with existing residential
REASON : Compliance with Senate Bill 35 requirements
FEE OWNERS OF AREA PROPOSED FOR CONDITIONAL USE :
256 Kahill P1,
NAME : Marguerite K. Scott ADDRESS : Ft Lupton, Co . _.<1TEL :
NAME : Dorothy A. Lell ADDRESS : TEL :
TEL :
NAME : ADDRESS : Ft Lupton, Co 8Q6T2E1L :
I hereby depose and state under the penalties of perjury that all state-
ments , proposals and/or plans submitted with or ontain . within this
application are true and correct to the of y . . t,'1edge .
COUNTY OF WELD ).
STATE OF COLORADO Dorothy ' ell c)c( c —, a i vat hers ,do
Si nature : " Ow� of Authorized Agent
guerite K. Scottg
Subscribed and sworn to before me this 92citiC day of _ , 198D...
S E A L
Notary ublic 771.
My commission expires : c2-20-c.-
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APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext. 400
Department of Planning Services , 915 10th Street, Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY :
APPL . FEE
CASE NO . RECORDING FEE
ZONING DISTRICT RECEIPT NO.
DATE APPL . CHECKED BY
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 :
TOTAL ACREAGE: 135.220
Has this property been divided from or had 4ivided from it any
other property since August 30, 1972? Yes es No
FEE OWNERS OF PROPERTY :
Name: Marguerite K Scott
Address : 256 Kahill P1 Fort Lupton Colorado
Phone :
Name: Dorothy A. Lell
PO Box 222 Fort Lupton Colorado
Address : Phone :
Robert T Sakata
Name :
Address : Phone :
WATER SOURCE : Larger Parcel Yes Smaller Parcel Yes
TYPE OF SEWER: Larger Parcel Yea Smaller Parcel Yes
PROPOSED USE : Larger Parcel Yes Smaller Parcel Yes
ACREAGE : Larger Parcel 101.525 Smaller Parcel 33.695
EXISTING DWELLINGS : (Yes or No) N° (Yes or No) Yes
I hereby depose and state under the penalties of perjury that all
statements , proposals , and/or plans submitted with or contained
within this application are true and correct to the best of my
knowledge.
COUNTY OF WELD )
STATE OF COLORADO )
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this day of
19
(SEAL )
Rotary Public
My Commission expires : �4
PEHR, FOX AND PEHR, P.C.
Attorx�ne s at Law
MK
WILLIAM PEHR
3380 WEST 7ENO AVE.
WESTMINSTER.COLORADO SOO3O
427-181B
WILLIAM PEHR
PERRY W.FOX
DAVID W.PEHR August 17, 1981
RICHARD L FULLER
Planning Department
County of Weld
State of Colorado
Greeley, Colorado 80631
Dear Sirs:
Enclosed please find an application together with
supporting documents for a conditional use permit on certain
lands owned by Marguerite K. Scott and Dorothy A. Lell,
together with an application for recorded exemption upon
a portion of these same lands . At this time we would request
that you process both of the applications . Because of the
unusual nature of these applications, a brief narrative con-
cerning the necessity therefore may be in order.
Initially, both Parcels 1 and 2, as shown on the
conditional use permits, were owned by Mr. William Scott.
Upon Mr. Scott' s death these parcels passed to his children,
Dorothy A. Lell and Rex E. Scott, as joint tenants. Early
in 1979 Mr. Rex Scott became concerned about this situation.
He began to realize that since the property was in joint
tenancy between himself and his sister , ownership of the
entire properties would pass to the survivor of them, leaving
the widow and children of the first to die with nothing.
After conferring with his sister regarding this matter , Mr.
Rex Scott and Dorothy A. Lell decided that it was expedient
to remove the property from joint tenancy and divide it equit-
ably between the families once and for all. Shortly thereafter
Mr. Rex Scott became quite ill.
On the 27th day of November , 1979, following exten-
sive surveys to determine a proper division of the land,
the properties were divided in what is believed to be an
Planning Department
Page 2
August 17, 1981
equitable manner. Since, by this time, Mr. Rex Scott was
becoming so ill as to render it impossible for him properly
to manage his portion of the property, those properties
designated as belonging to Rex Scott were deeded to Marguerite
K. Scott, his wife. The property described in the recorded
exemption as Parcel A, together with some additional lands
lying West of U. S. Highway 85 were deeded to Dorothy A. Lell
as her share of the William Scott Estate. The property des-
ignated as Parcel B in the recorded exemption map was deeded
to Marguerite K. Scott as Rex Scott' s portion of the William
Scott Estate. Because of the large expenses occasioned by
the illness of Mr. Rex Scott, it subsequently became necessary
to sell the property described as Parcel 1 in the conditional
use permit map to Mr. Robert T. Sakata in order to raise
money for the payment of hospital, doctor and other bills.
This then is the background involved in the various
transfers to be memorialized and approved through the conditional
use permit application and the application for recorded exemption.
As emphasized elsewhere in this application, the property
has for more than twenty-five (25) years been occupied as
a farm residence and agricultural property. No additional
development of any sort is contemplated as a result of the
recorded exemption or the conditional use permit, should
the same be granted. It is therefore felt that little or
no impact may be expected to the surrounding properties as
•
a result of this division. The recorded exemption and con-
ditional use permits would simply recognize the practical
and existing division of the rights in the properties flowing
from the Estate of William Scott. Applicants would therefore
urge that both the recorded exemption and the conditional
use permit be granted.
Respectfully yours ,
PEHR, FOX Pkkiit, .C.
By: =�
D a W. Pehr�
DWP:ml
enc
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I. DESCRIPTION OF PROPOSED OPERATION
Applicants propose to use the above described property fo
residential and agricultural purposes. This use is identical
to the existing use of the property, and no change in use is
I proposed. The residential use will consist of two (2) existing
single family dwellings which have been upon the property for
over ten (10) years , together with various existing and proposed
outbuildings such as barns , sheds and domestic automobile
garages . The property is presently and has been, for more
than five (5) years , farmed, with the principal crops being
livestock, hay and garden vegetables. No additional residential
or commercial development is proposed.
II. METHODS OF DISPOSAL OF SANITARY SEWAGE
Sanitary sewage is presently being disposed of through
the use of an approved septic tank system, which has been in
use upon the property for more than five (5) years and has
proven adequate to handle existing sanitary sewage loads .
Since no additional development is proposed, applicants submit
that this sewer facility will be adequate in the event the
conditional use permit is granted.
III . WATER SUPPLY
The premises is presently served by a water well
permitted for 30 gallons per minute with a maximum sustained
pumping rate of 50 gallons per minute. This well is permitted
under State Division of Water Resources Permit No. 92715 ,
a copy of which is hereunto annexed. This well has in the past
produced sufficient water for the present uses upon the
conditional permit area and, since no other or additional
uses are contemplated, applicants submit that said well will
continue to supply sufficient water for use on these premises.
IV. ROADS
No additional roads upon the properties are planned.
Access is presently by a private graveled lane. The County
will not be required to maintain such lane.
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REFERRAL LIST
APPLICANT: Lell et. al. CASE NUMBER: RE-571
SENT REFERRALS OUT: August 6, 1982 REFERRALS TO BE RECEIVED BY August 19, 1982
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H H 41 0 MH 6 W
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W V W V
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K X County Attorney (plat only) J -
X Fort Lupton Planning Commission
Weld County Health Department //I' Attn: Gayle Packard-Seeburger
P.O. Box 158
Engineering Department Fort Lupton, Colorado 80621
—"'— County Extension Agent
Colorado Geological Survey
1313 Sherman Street
_
Room 703
Denver, Colorado 80203
Colorado Water Conservation
Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
X State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
Y 1 State Highway Department
1420 2nd Street
/1 Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
STATE OF COLORADO
DIVISION OF HIGHWAYS ors .,\
P
P.O. Box 850 -- '"
Greeley, Colorado 80632-0850
(303) 353-1232 �F
August 12, 1982 I
i
Weld County I
SH 85
Lell Exemptions
1 Mi . S. of SH 52
On E. Side of 85
DOH FILE 45100
Mr. Rod Allison
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Allison:
We have reviewed the Scott Lell subdivision exemption and the Lell-
Scott-Sakata recorded exemption. These exemptions do not involve any changes
in use and will not affect U.S. Highway 85. However, it should be noted
that approval of the recorded exemption will separate the existing access
to U.S. 85 from the subdivision exemption property. No additional access
to U.S. 85 can be permitted as a result of these exemptions.
Thank you for the opportunity to review these exemptions.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
l / --7272
s-r—cF- it--, j r Lt.-7 21 4!1 i
$uglas Rames
District Preconstruction Engineer
DDR:da
cc: D. M. Bower
D. N. Fraser (2)
File: Crier-Jacobson
w/encl .
[iiAUG 16 1982
Weld Co. Planning Commission
"Or icro
RICHARD D. LAM JERi5 DANiELSON
�
Governor I O) StateA. Eng Weer
�t tl
F.?876
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
August 20, 1982
Mr. Rod Allison
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Scott-Lell, SE-163
Scott-Lell-Sakata, RE-571
Dear Mr. Allison:
We have received the above referenced proposals to separate 33.695 acres
from 135.220 acres (RE-571) and then to split the 33.695 acres (SE-163) . Un-
fortunately, information submitted is inadequate for our review.
In order to review this proposal, we need to know the existing and pro-
posed use of each existing well and whether any additional wells will be
sought. The existing residences and the well that serves each existing and
proposed structure should be located. Wells should be identified by permit
number, if available, or other data if the permit is not available.
We will be happy to review this proposal once we receive adequate infor-
mation. Until that time, we must recommend this proposal be held in abeyance.
Sincerely,
Assistant State Engineer
HDS/KCK:mvf
cc: Jim Clark, Div. Eng.
Dewayne Schroeder
AUG 25 19E2
WCIIf Co. Planning Commission
•
• ' , + Case Number RE-571
'1:'-
>- -- _ D DEPARTMENT OF PLAN'. ':(2, SERVICE_
-
IF tip-' 'Nair
PHONE 1303. 356-0000 EXT a0.:
915 10TH STREE'
GREELEY,COLORADO 80631
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COLORADO AUG i l 1982
REFERRAL - Li
August 6, 1982 Weld Co. Planning Commission
TO WHOM IT MAY CONCERN:
Enclosed is an application from Dorothy Lell, Margueritte Scott, and Robert Sakata
for a recorded exemption
The parcel of land is described as part of the SE's of Section 7, T1N, R66W of the
6th P.M. , Weld County, Colorado
The location of the parcel of land for which this application has been submitted
is immediately south of incorporated limits east of U.S. Highway 85
This application is submitted to your office for review and recommendations. Any
comments or recommendations you consider relevant to this request would be ap-
preciated. Your prompt reply will help to facilitate the processing of the pro-
posal and will ensure prompt consideration of your recommendations. If a response
from your office is not received within 21 days of mailing from our office, it
may be interpreted to mean approval by your office. If you are unable to respond
within 21 days (but wish to do so at a later date) please notify our office to
that effect.
Check the appropriate boxes below and return to our address listed above. Please
reply by August 26, 1982 so that we may give full consideration
to your recommendation.
1. We have reviewed this request and find that the request does
does not) comply with our Comprehensive Plan for the following reasons :
L�
2. We do not have a Comprehensive Plan but we feel this request (is/
is not) compatible with the interests of our town for the following reasons :
3. A formal recommendation is under consideration and will be submitted to you
prior to
4. Please refer to the enclosed letter.
Signed Agency ticv41) to O - 2
Thank you very much for your help and co-operation in this matter.
/7)
Rod Allison, Current Planner
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