HomeMy WebLinkAbout820624.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 543 - CHRIS AND CHERYL
SCHELLENBERG
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. 543, being the property of Chris
and Cheryl Schellenberg, described as part of the NE4, Section
4 , T1N, R62W of the 6th P.M. , Weld County, Colorado, being more
particularly described in the plat which shall be provided by
the applicant and known as Exhibit "A" , does not come within the
purview of the definition of the terms, "subdivision" and "sub-
divided land" , pursuant to its authority under Section 30-28-101
(10) (d) , CRS 1973, as amended, said plat to be recorded.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the hereinabove described
parcel of land owned by Chris and Cheryl Schellenberg 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 26th day of
May, A.D. , 1982.
�
,(+s-`.a BOARD OF COUNTY COMMISSIONERS
ATTEST: \/r e�` ^^'^rai � - WELD COUNTY, COLORADO
Weld County Clerk and Recorder >2 i; ��� F:
and Clerk to the3os d Jo n T. Martin, Chairman
Deputy Counfiler uck Carlson, Pro-Tem
/J
APPROVED AS TO FORM: C et-4-441-
Norman
X-Cn _ '` . ///////'/��// Norman Carlson/
County Attorney C. . Cir y
K. Stei ark
Inc
020624
)/3 / DATE PRESENTED: June 2, 1982
DEPARTMENT OF PLANNING SERVICES
PHONE 1303) 356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C. May 26, 1982
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80621
Re: Recorded Exemption #543
Dear Commissioners:
The attached application and related items are in reference to a request
from Mr. and Mrs. Chris and SherylSchellenberg for a recorded exemption.
The parcel of land on which this request is being made is described as
part of the NE1, Section 4, T1N, R62W of the 6th P.M. , Weld County,
Colorado.
The property is located seven (7) miles southeast of Roggen on Weld
County Road 79. The property contains approximately 21.9 acres, more or
less. The request is to divide the land into parcels 17.5 acres, more
or less, 4.3 acres,more or less. The applicant has a crop spraying
operation on the property and would like to sell the 4.3 acre parcel
to his brother who is involved in the crop spraying operation so he may
locate a residence close to the business.
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 9-2 C. of the Weld County
Subdivision Regulations submission requirements.
2. The request complies with Section 9-2 E. of the Subdivision
Regulations as follows:
- The 21.962 acres, more or less, under consideration will
allow agricultural and related uses to be the predominant
uses. The uses will be compatible with existing surround-
ing agricultural uses. These facts support the proposal
as being consistent with the intent clause of the agricul-
tural zone district.
820624
Board of County Commissioners
May 26, 1982
Page 2
- The proposal is in compliance with Section 1-3 of the
Weld County Subdivision Regulations and the proposed
land division complies with the Weld County Comprehen-
sive Plan, therefore, the proposed use is not inconsistent
with eff icient and orderly development.
- The proposal does not exist in an overlay district area.
- The proposed lots meet minimum size requirements for
land division.
- The proposed lots are not part of a recorded exemption
exemption within the last five years.
- The two lots proposed will have adequate access from
Weld County Road 79.
- A letter dated March 16, 1982, from the division of
Water Resources indicates that an adequate water
supply is available.
- The Weld County Health Department has indicated, in a
letter dated March 16, 1982, that both lots have adequate
sewage capacity.
- The Department of Planning Services staff recommendation
for approval is conditional and based upon the following:
Prior to the issuance of a building permit evidence
of a septic permit from the Weld County Health Depart-
ment is required.
Respectfully submitted,
`
submitted,
/ t eclitie
Rod Allison
Current Planner
RA:rg
Enclosures
820624
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 400
Department of Planning Services , 915 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY : just--
APPL . FEE 9c —
At
CASE NO . 72E511A RECORDING FEE �9 pt Oil
ZONING DISTRICT tHric .1 ITbv�a RECEIPT NO . w A/
DATE 3 2 • 1.....- 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 :
East Three Hundred Sixty feet (360 ft.) of the Northeast Quarter ( NE1) of Section
Four (4) , Township One (1) North, Range Sixty-two (62) West of the Sixth (6th)
Principal Meridian, Weld County, Colorado.
TOTAL ACREAGE : 21.962
Has this property been divided from or had divided from it any
other property since August 30 , 1972? Yes No x
FEE OWNERS OF PROPERTY :
Name : Chris A. Schellenberg and Cheryl A. Schellenberg
Address : 5609 WCR 79, Roggen, Colo 80652 Phone : 849-5221
Name :
Address : A. Phone :
Name :
Address : Phone :
WATER SOURCE : Larger Parcel Existing well Smaller Parcel New well
TYPE OF SEWER : Larger Parcel Existing Smaller Parcel New septic
Dwelling(existing) Dwelling and Ag
PROPOSED USE : Larger Parcel Ag Aircraft strOaller Parcel aircraft landing strip
ACREAGE : Larger Parcel 17.592 Smaller Parcel 4.364
EXISTING DWELLINGS : (Yes or No ) Yes (Yes or No ) no
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 . el
COUNTY OF WELD ) Xe% (0 ,4- S ��
STATE OF COLORADO )
X yhJ P (.�. s"h.urn1A,ehc
Si natur6 Owner or Authorized Atnt
Subscribed and sworn to before me this 25th day of January
19 82 .
(SEAL ) 7
c
Notary Public '
J
March 4, 1982 24
82W 06
My Commission expires : Y
A
Board of County Commissioners Feb, 9, 1982
Weld County, Colorado
Dear Commissioners:
In addition to the brief answers supplied for the list of determinations for
both the recorded exemption and rezoning applications, I would like to provide
additional background information to support the applications.
First, I would like to explain the business relationship of two family owned
businesses with the applications. The businesses are Air Dusters Inc. , an
aerial crop spraying service and Schellenberg Bros. Oil, which supplies Standard
Oil bulk products to the area farm community.
In 1969, I made application to Weld County for commercial zoning to the one-half
mile long, 20 acre parcel and purchased the ground for the then intended use of
providing an alternate north-south airstrip for Air Duster planes and to ware-
house the Standard Oil products at the site. A grass airstrip was put in place
and has been used continuously, but in the early 1970's, the oil business had
some quick changes and the plans to move that business from Roggen were dropped.
Instead, we had to purchase Standard Oil's facilities in Roggen and moving that
business is not now practical as a current or future consideration.
Since the original 1969 zone change application, operation of Air Dusters has
remained basically unchanged. The hangar and main east—west airstrip are still
located at 6458 Weld County Road 73, which is owned by my father, Carl Schellenberg.
My brother Dan Schellenberg and I now pilot the crop planes exclusively and no
other pilots are employed.
I built a new home at the south end of the land submitted for change and I want
to sell a parcel at the north end to my brother, Dan, so that he could move from
Roggen and build at that location. In the summer, during the crop spraying season,
it is not unusual to get up at 3:30 or 4:00 A.M. to get the planes loaded and ready,
and then have a wind come up that will delay flying. If we both lived next to the
airstrip, we could have the planes waiting there and could both be at home where
we could get a few extra minutes of rest or do other work while waiting for changing
weather. In addition, radio facilities and other required transportation could he
combined and better utilized from a single location. As it is now, we seem to
waste lots of time and vehicle wear and tear, just coming and going.
820624
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-2-
Since Weld County would like to reconsider the current isolated commercial
zoning in the basic agricultural area, I have no objection to combining the
recorded exemption application with a rezone request back to agricultural.
However, with the rezoning request, I would also like assurance that the use
of the airstrip can continue, and that at some future date we would be per—
mitted to erect a hangar for the planes. Realizing, of course, that zone
requirements can change, but that under present guidelines it would be a
valid request and one that would have reason to be granted.
Sincerely,
Chris A. Schellenberg
820624
V
To: Board of County Commissioners 1-25-82
Weld County, Colorado
From: Chris A. and Cheryl A. Schellenberg
Re: Statement of facts to reply to determinations to consider Recorded Exemption.
(A) The proposal will be consistent with the district where located in that the
application is made in conjuction with a planning office suggestion that the
location be rezoned to agricultural from present commercial zoning that was
granted in 1969.
(B) The permitted uses will be compatible with low density dryland farming in that
area.
(C) The permitted uses will be compatible with future anticipated use in that it
is unlikely the area will change from dryland farming with large open acreage.
(D) The application will comply with Overlay District Regulations.
(E) The minimum lot size requested is 4.364 acres.
(F) The land division is in compliance with the Weld County Comprehensive Plan in
that it does not encourage growth in a rural area and the use will be related
to agricultural zoning.
(G) The division will not conflict with controlled, orderly development.
(Ii) The location is served by Weld County Road #79, which is a graveled road.
(I) Water supply is from Foxhill (deep) formation and is a suitable proven supply.
(J) ;Sewage disposal by approved septic system will be used. Lot size is adequate.
(K) The proposed lots are not a part of a previously granted recorded exemption
and are not a part of a subdivision now existing or proposed.
(L) The proposed Recorded Exemption does not evade the requirements of Weld County
Subdivision Regulations and the request follows the requirement of orderly
controlled growth as stated in those regulations.
elic)
Chris A. Schellenberg
Chet'l A. Schellenberg 7
820624 A'
REFERRAL LIST
APPLICANT: Chris & Cheryl Schellenberg CASE NUMBER: RE 543
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY March 25, 1982
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X County Attorney (plat only)
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Weld County Health Department
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Engineering Department
X X
—` 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
State Engineer
X X Division of Water Resources
/\ 1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
-1 Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
8;:A)624
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
1. Estate of Joseph and Barbara Krebsbach NWa, Sec. 3, T1N, R62W
c/o Stephen Krebsbach
Garden Plain, Kansas 67050
2. Vincent Buchholz SW- , Sec. 3, T1N, R62W
S2S4 WCK 79
Roggen, Colo 80652
3. Joseph E. F, Elaine M. Sigg NE4, Sec. 4, T1N, R62W
6971 WCR 77
Roggen, Colo 80652
4. Heirs of John T. F, Robert F. Klausner E?, Sec. 33, T2N, R62W
c/o Harold M. Klausner
6858 WCR 79
Roggen, Colo 80652
5. Katherine V. Lederhos SW,,, Sec. 33, T2N, R62W
122 N. 2nd. St.
Sterling. Colo 80751
820624
x
Subject: E 360' of the NE1, Sec. 4, TIN, R62 W of the 6th P.M. , Weld, County, Colo.
Re: Mineral interest Owners and/or Lessees.
1. Owner: Chris A. and Cheryl A. Schellenberg
5609 WCR 79, Roggen, Colo 80652
Note: Not currently leased.
Date: 2-9-82.
820624 ,
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LE GAL DESCRIF -ION -YA .\\cc-4 � �(0
CASE NO. fit_ - Thm
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SOIL CLASSIFICATION
OLD NO. NEW NO. 1 IRRIGATED NON - IRRIGATED
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A public hearing was conducted on May 26 , 1982 at
2 : 00 P.M. , with the following present:
JOHN MARTIN CHAIRMAN
CHUCK CARLSON PRO TEM
NORMAN CARLSON COMMISSIONER
BILL KIRBY COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY
ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON
PLANNING DEPARTMENT REPRESENTATIVE, ROD ALLISON
The following business was transacted:
I hereby certify that pursuant to a notice dated May 10 , 1982 , duly
published May 13 , 1982 in the LaSalle Leader, a public hearing was
held on the request of Chris & Cheryl Schellenberg for a Use By
Special Review for an airstrip. The Planning Commission recommended that
this request be approved with development standards. Phillip
Bowles, was present representing the applicant. He stated the need
for the north-south airstrip. He added that currently the airstrip
going east and west is a grass strip and that eventually it will be
converted into a gravel strip. There was no one present who objected
to this Use By Special Review request. After all the testimony was
received, Commissioner Kirby made a motion to approve this request
and the development standards. Commissioner N. Carlson seconded the
motion and it carried unanimously.
Recorded Exemption #543 : This application was submitted by Chris and
Cheryl Schellenberg on• a parcel of property containing 21 . 9 acres , more
or less. The request is to divide the land into parcels of 17 . 5 acres,
more or less , and 4 . 3 acres, more or less . Mr. Phillip Bowles was
present and reviewed this request. The Planning Staff recommended that
this request be granted. Mr. Bowles stated that there is an existing
domestic water well. Commissioner C. Carlson made a motion to approve
this request. Commissioner N. Carlson seconded the motion and it
carried unanimously.
Cgest7-77zeid
ON
BOARD OF COUNTY COMMISSIONERS
ATTEST:
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY:
--- ,Deputy County C rk
DOCKET# 82-22
TAPE# 82-36
LHR 487 & RE #543
820624
RECORDED EXEMPTION NO. 1479-4 -1 -RE-543
�Narl. Line NC V+ . 89° NE Corner,NE I/4
if N 53' 36��W I Sec.4,TIN,R62W
360.00
N I/4 Corner
Sec.4
0 I
8
N m• IN
30.0
LOT A
4.364 Acres *
00
• S 89° 53 36"E
N �
N N
N W
O
_00
r O
`g N . 00
CO . 0
O N =
O N _
° — N
O Oi
O N
N _
N
LOT B
17.598 Acres * rail NE I/4
•
S.uIA Lin. NE V 360.0E
SE Corner,
Pp. on Lila S 89°46157"E NE 1/4
le EAST.I COMA
(TYPICAL)
• 0
SCAl Erl" = 30' LOT A = 4.364 Acres t
LOT B = 17.592 Acres t
—4-- Section Corner TOTAL = 21 .962 Acres ± •-•t S.E Corner
YSec.4
•
—Q —Steel Pin Set
•
I CHRIS A. SCHELLENBERG
CHERYL A. SCHELLENBERG
N 5609 Weld County Road 79
32 \ 33 34 Roggen , Colorado 80652
• — LOT A
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•
•
\. LOT e
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5 a 3 ALPHA ENGINEERING
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P 0. Box 392
0 \ Ft. Lupton, Colorado 80621
•_�
•
i; Date: October 23, 1981
HIGHWAY 52
8 9 i 10
820624
LOCATION MAP, SCALE:1" •2000' SHEET I OF 2
,7 RECORDED EXEMPTION Na X479-4-I -RE• 543
LEGAL DESCRIPTION :
The East 360. 00 Feet of the Northeast one-quarter of Section 4 , Township _
One North, Range 62 West of the 6th Principal Meridian, Weld County,
Colorado, more particularly described as :
BEGINNING at the Northeast corner of said Northeast one-quarter, Thence
N89 53 ' 36"W on an assumbed bearing along the North line of said North-
east one-quarter a distance of 360 . 00 feet; Thence SOO 00 ' 00"E parallel
to the East line of said Northeast one-quarter a distance of_2657 . 1 feet
to a point on the South line of said Northeast one-quarter; Thence
S89 46 ' 57"E along said South line a distance of 360 . 00 feet to the South-
east corner of said Northeast one-quarter, Thence NO0 00 ' 00 "E along the
East line of said Northeast one-quarter a distance of 2657 . 82 feet to
the point of beginning .
CONTAINS : 21 .962 Acres more or less .
LEGAL DESCRIPTION OF LOT "A_:
The North 528 . 00 feet of the East 360 . 00 feet of the Northeast one-
quarter of Section 4, Township One North, Range 62 West of the 6th
Principal Meridian, Weld County, Colorado, more particularly described
as :
BEGINNING at the Northeast corner of said Northeast one-quarter; Thence
N89 53 ' 36"W on an assumed bearing along the North line of said North-
east one-quarter a distance of 360 . 00 feet ; Thence S00 00 ' 00"L parallel
to the East line of said Northeast one-quarter a distance of 528 . 00 feet
Thence S89 53 ' 36"E parallel to the North line of said Northeast one-
quarter a distance of 360 . 00 feet to a point on the East line of said
Northeast one-quarter ; Thence NO0 ' 00 ' 00"E along said East line a
distance of 528 . 00 feet to the point of beginning .
CONTAINS : 4 .364 Acres more or less .
SURVEYOR' S CERTIFICATE: C#' �0
I hereby certify that this plat was prepared under my supervi. ' .�
and/that the same is correct to the best of my knowledge and d a
0, .
.,,...nz, , ,,
v ri,„;,, •
Cecil R. Crowe, P.E. & L.S. 12330 � ,' ,
PROPERTY OWNER' S APPROVAL: t'ObJ l�j
We, Chris A. Schellenberg and Cheryl Schellenberg, being the sole '
owner ' s in fee of the above described property do hereby subdivide
the same as shown on the attached map.
Chris A. Schellenberg / Cheryl A. Schellenberg
The foregoing certification was acknowledged before me this ..;LL—
day of -.J /iiJ(i ', R 4 A.D. , 19 r2_. My Comm ion Expires .;:7 -s' -.
Witness my Hand and Seal, Notary Public: ::'1 rV . /1_S.-�_ ._' _-.
COMMISSIONER'S CERTIFICATE:
The a/c/clynpanying pla ' s accepted and approved for filing .
1 .Fa �,�� ��� �
CHAIR?'LAN OF THE BOAR 1x CODIN'Y'COMMISSIONERS
ATTEST: COUNTY CLERK: //'�' ''r C�:,.� au;J1,
' :44'•'"-,W` _® BY: • L.tf.+Z774i `7.� J
Wit; A 11
DATE: c_T�_. c29 /f,r— /
820624
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