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Home My WebLink About800783.tiff 7-61 r RESOLUTION RE: ACTION OF THE BOARD OF COUNTY COMMISSIONERS CONCERNING RE- CORDED EXEMPTION NO. 436 - MR. AND MRS. WILLIAM WEBBER. 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, Mr. and Mrs. William Webber have requested approval of Recorded Exemption No. 436 on a parcel of land more particularly described as follows : Part of the Northwest Quarter of Section 2, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows : Beginning at the West Quarter Corner of said Section 2 and considering the West line of said Northwest Quarter as bearing North 00°00 ' 00" East with all other bearings con- tained herein relative thereto. Thence North 00°00 ' 00" East along said West line 380. 00 feet to the True Point of Beginning. Thence North 89°46' 00" East, 2310. 00 feet; Thence North 00°00 ' 00" East, Recorded 607. 00 feet (computed 606. 66 feet) ; Thence South 89°51' 00" West, 2310. 00 feet to a point on the West line of said Section 2. Thence South 00°00 ' 00" West along said West line 610. 00 feet to the True Point of Beginning. Excepting therefrom that parcel as recorded in Book 599 at Reception No. 1521212 , September 17 , 1968 in the Weld County Records, being more particularly described as follows: A tract of land 2 acres, more or less , situated in the Northwest Quarter (NW4) of Section 2, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado described as follows : Beginning at the Southwest corner of the NW4 of said Section 2; Thence North along the West line of the NWs of said Section 2 which West line is presumed to be North and all bearings herein used according thereto a distance of 560. 00 feet to the true point of beginning; Thence North 180. 00 feet along the West line of said Section 2; Thence North 89°46 ' East, 484 . 00 feet; Thence South 180. 00 feet parallel to the West line of said NW; of Section 2; Thence South 89°46 ' West, 484 . 00 feet to the true point of beginning. Said described parcel of land contains 30.466 acres , more or less , and is subject to any right-of-way or easements as recorded by instruments of record or as now existing on said described parcel of land. (.. , 800783 WHEREAS, Section 9-4 A. of the Weld County Subdivision Regu- lations states that the Board shall not approve a recorded exemp- tion unless the conditions found in Sections 9-4 A. (1) through (10) are met. One of those conditions refers to minimum lot size requirements and is found in Section 9-4 A. (6) . Said Sec- tion states : "That the original tract or parcel of land to be divided under this Section meets the minimum lot size requirements established by the Weld County Zoning Resolution; vari- ance from this requirement being allowed only upon good cause being shown to the Board of County Commissioners or where said tract or parcel of land lies with the com- prehensive plan area of an existing incor- porated town of Weld County. " WHEREAS, on September 5, 1979, the Board of County Commis- sioners of Weld County, Colorado denied a Lot Size Variance for Mr. and Mrs. William Webber, and WHEREAS, the Board of County Commissioners deems it advis- able not to consider Recorded Exemption No. 436 due to the lack of approval of the Lot Size Variance, and WHEREAS, the Board further deems it advisable to return the fee paid for said Recorded Exemption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of Mr. and Mrs. William Webber for Recorded Exemption No. 436 shall not be considered by the Board of County Commissioners due to the lack of approval of a Lot Size Variance for the property under consideration. BE IT FURTHER RESOLVED by the Board of County Commissioners that the fee paid for Recorded Exemption No. 436 shall be re- turned to the applicants. The above and foregoing Resolution was on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO � CGL (Aye) C. pp Kiy,r Cirman {.xwa...Q.. cg. a (Aye) Leonard L. Roe (Abstention) Norman Carlson //// �i» /I(2 44) (Aye) Ly'di� Dunbar a �f (Absent) ATTEST: Q� (�,�`f',Etil June K. Steinmark Weld County C erk and Rec rder and- erk to the Boar De uuty County Cler APP 6/AS TO FORM: t ' County Attorney DATE PRESENTED: JANUARY 14 , 1980 DEPARTMENT OF PLANNING SERVICES PHONE 1303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI C. COLORADO JA January 9, 1980 \1 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Recorded Exemption #436 Dear Commissioners: The attached application, plat , and related items are in reference to a request from Mr. and Mrs. William Webber for a recorded exemption. The parcel of land on which this request has been made is described as Pt. NW* Section 2, T3N, R68W of the 6th P.M. , Weld County, Colorado. This property is located 1 mile east and 1-1/2 miles north of Mead. The property contains approximately 30.466 acres of Class II , III and IV irrigated soils. The request is to split the property into parcels of 3. 991 + acres and 26.475 acres. The Webbers wish to sell the 3.991 acre parcel which has an existing residence located on it and build a new residence on the 26.475 acre parcel. Their attorney has submitted 2 letters dated November 13 , 1979 and December 3, 1979, which sets forth the Webber' s reasons for requesting this recorded exemption. Copies of the letters are included in the attached materials. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the re- quest be denied for the following reasons: 1. The proposed request does not comply with the Weld County Com- prehensive Plan because it would promote non-agricultural use of agricultural land and it would encourage urban encroachment on rural land use. Board of County Commissioners Page 2 January 9, 1980 2. This request is not in conformance with the intent clause of the Agricultural Zone District , Section 3.3.A. of the Weld County Zoning Resolution. This request would not be encouraging agri- cultural uses as the highest and best uses, it would not be pro- viding for the orderly expansion of urban growth, it would be promoting the division of agricultural land into smaller, less economic parcel sizes, and increasing the residential density on the property. Furthermore, the request would place a greater demand on the services which residential uses require. 3. This request is not in compliance with the intent clause of the recorded exemption procedure, Section 9-2 of the Weld County Sub- division Regulations. The parcel contains only one set of im- provements. This request would allow another residence to be built on the 26.475 acre parcel and therefore, create an urban encroachment which would be incompatible with the Agricultural District. 4. The minimum lot size in the Agricultural Zone District for ir- rigated parcels is 80 acres and for non-irrigated parcels is 160 acres. The intent is to maintain tracts which are large enough for farm purposes, and to assist in the encouragement of agri- cultural uses as the highest and best use of the land. It is the opinion of the Department of Planning Services Staff that this request is in violation of that intent. 5. Section 9-4 A. of the Weld County Subdivision Regulations states that the Board shall not approve a recorded exemption unless the conditions found in Sections 9-4A. (1) through (10) are met . One of those conditions refers to minimum lot size requirements and is found in Section 9-4A. (6) . Said Section states: "That the original tract or parcel of land to be divided under this Section meets the minimum lot size requirements established by the Weld County Zoning Resolution; variance from this requirement being allowed only upon good cause being shown to the Board of County Commissioners or where said tract or parcel of land lies within the comprehen- sive plan area of an existing incorporated town of Weld County. " On September 5, 1979, the Webbers were denied a Lot Size Variance by the Board of County Commissioners on the ; property under con- sideration. Board of County Commissioners Page 3 January 9, 1980 It is the opinion of the Department of Planning Services Staff that since the Webbers were denied a Lot Size Variance and took no further action on the denial decision, it would be inappropriate for the Board to approve the Recorded Exemption request . Respectfully, Chuck Cunliffe Assistant Zoning Administrator csd • r1 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . RE ¢3(p APPL . FEE ZONING DISTRICT % RECORDING FEE ,pp DATE DEC 121879 RECEIPT NO . 10 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 : See Legal description on attached plat . ACREAGE : Lot "A" 3 . 991 plus or ; Lot " B" 26 . 475 Total 30 . 466 acres minus acres Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No x Are there any existing improvements on Lot A? Yes x No Lot B? Yes No x FEE OWNERS OF PROPERTY : 17602 I-25 , Access Road East , Name : Ester M. Webber Address Platteville, Co . Phone 535-4310 Name : William Webber Address Same Phone Same Name : Address Phone WATER SOURCE FOR : Lot "A" Little Thompson ; Lot "B" Little Thompson TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" Septic PROPOSED USE FOR : Lot "A" Home site ; Lot " B" Home site - agricul- tural 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 bests of my knowledge . ) COUNTY OF WELD STATE OF COLORADO ) � ti he Signature : Owner or Authorized Agent Subscribed and sworn to before me this ,:cc/ day of Chat, , 1979. SEAL o2,ai ea-k r Xi jt Notary Public My Commission Emigres July 11, 1282 My Commission expires : 4 fi RECORDED EXEMPTION NO. 1207-02- RE•436 5'1`s401- w .28/0.0 0 a S89"S/QO"11! 696. 3/' /6",g erg 7 ICZY ' Z L7si 99�Ac�es ��a a 'Si £lit IS L/3.7®' �99K�a •6 p E Or 8z� Sp z6.4 a� �Q /„Gil,+y c;fin,'. An's f Al z3/2O0' • - LAC 00 4': 1 Scacr.v'>oo' Sm.R-3-6B I ' .1e7 it' - .1. 99/t.taro: 7bT/ DYYNER,. ©.Z17r.4evs Fad ROO' l: .Ci, B' • .26..lTJt 4 c9,zoo r eat 0/ Ant .FSTER MAE 1YEssF.t /7 o2 i-is ,4-cEs: /104,0 N .F.sr Pc !repair , CO.(o.p.� , 4a�o.S` • fa,#bf O / Ili 39 -es 36 7. 4.1! 3 C. .fd/eJB / T.3s! 4/G/ee Plitt 2 t H i4 i /0 a i/ /1 d ii I C Y/6/N/TV ,* ', SCAIE -/'r=ZA2O' Orr E ' III Cfwrc,n.I•[ f 4it Il ' I ICil0 .0 II III 000001 ,0',id �0. I��I �iiiil�N� ��I RECORDED EXEMPTION NQ. 1207-U2=2uRE°436 I] Legal Description li d (g14 Part of the Northwest Quarter of Section 2, Township 3 North, Range 68 West of the 6th P .M. , County of Weld, State of Colorado, being more particularly described as follows : Beginning at the West Quarter Corner of said Section 2 and considering the West line of said Northwest Quarter as bearing North 00°00'00" East with all other bearing contained herein relative thereto. Thence North 00° 00'00" East along said West line 380.00 feet to the True Point of Beginning. Thence North 89° 46'00" East, 2310.00 feet; Thence North 00° 00'00" East, Recorded 607.00 feet (computed 606.66 feet) ; Thence South 89° 51 '00" West, 2310.00 feet to a point on the West line of said Section 2. Thence South 00°00'00" West along said West line 610.00 feet to the True Point of Beginning. Excepting therefrom that parcel as recorded in Book 599 at Reception No. 1521212, September 17, 1968 in the Weld County Records, being more particularly described as follows: A tract of land 2 acres, more or less, situated in the Northwest qua-"ter (NW4) of Section 2, Township 3 North, Range 68 West of the 6Lh P.M. , Weld County, Colorado described as follows: Beginning at the Southwest corner of the NWT of said Section 2; Thence North along the West line of the NW` of said Section 2 which West line is presumed to be North and all bearings herein used according thereto a distance of 560.00 feet to the true point of beginning; Thence North 180.00 feet along the West line of said Section 2; Thence North 89 46 ._. t, 484.00 feet; Thence South 180.00 feet parallel to the West line of said NWZ of B-.ction 2; Thence South 89 46' West, 484.00 feet to the true point of beginning. Said described parcel of land contains 30.466 acres, more or less, and is subject to any rights—of—way or easements as recorded by instruments of record or as now existing on said described parcel of land. Surveyor's Certificate x.111 ts, ith I hereby certify that this plat was prepared under my supervision and th Ars . correct to the best of my knowledge and belief . *,°*o '" 3 g Jasper Freese • 9z ) * Colorado P.E. .S. No. 43 :• 4 ;N;-140.Or Property Owner's Approval 6 We, William Weber and Ester Mae Weber, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. AA/ojell‘W William Webber Ester Mae Webber The foregoing certification was acknowledged before me this on day of eryttnIdtA.. , A.D., 1979. Witness my hand and seal. My Commission Expires: ,3 -I,3 - ?o Fy --��--^^ Y6..f�d14 .s.. Notary P lic Planning Commission Certificate The accompanying plat is accepted and approved for filing. Chairman Board Of County Commissioners ATTEST: County Clerk By Dated • Sin/ zif LAW OFFICE HARLAN G. STIENTJES. P. C. FIRST NATIONAL BANK BUILDING SUITE 201 December 3, 1979 GREELEY.COLORADO 80631 AREA CODE 303 363-9000 Chuck Cunliffe Assistant Zoning Administrator Weld County Greeley, CO 80631 Re: Recorded Exemption of Mr. and Mrs. William Webber Dear Chuck: In response to your letter on November 27, 1979, I believe you probably have the original mylar of the Recorded Exemption Plat and the four-db14nr;check you requested. I have reviewed with the Webbers their proposed disposition of the property. They started a plan in ahrvit 1968 to give their daughters part of this property. Prior to the present law they gave one of their daughters property to build a house upon which has been done. Their plan was to give their other daughter a portion of property for this same purpose. It does not look like this will be acconplished as that daughter is living in California and presently has no plan to trove back to this area. However, the Webbers would like to accarplish as much of this plan as they originally planned prior to the present law by this Recorded Exemption. Due to the increased traffic noise on 1-25, their present residence has became almost unbearable for Mr. . and Mrs. Webber. Mrs. Webber spent many years in a noisy oil filter factory and although she is retired at the present time, the noise greatly disturbs her life style. The Webbers very much desire to stay at the area where one daughter presently lives and the way they can see to accomplish this is by building another residence further away fram the road. They are presently caring for the 17 year old daughter of the daughter that lives near than and they are living in that duaghter's house. That daughter and her husband are presently in Saudi Arabia and are anticipated hark within the year. They would like to have their new residence constructed before their daughter returns. They do not want to move back to the old house but the only way that they can afford to build a new one at a location where the sound levels will not be a problem is for than to sell the old house. We believe this is reasonable as this is the only way they can continue to live adjacent to theft one daughter at this location. We are hopeful that the County planning staff will consider these rather strong nativations and recarmend to the County Commissioners that the Recorded Exemption be allowed. Please advise when this matter is scheduled for hearing before the County Commissioners. ate* Chuck Cunliffe -2- December 3, 1979 Delivered to you with this letter is the original mylar of the property. Yoi4rs truly, Harlan C. Stientjes HCS/ch Enclosure P.S. Please do not schedule the hearing on this matter until after January 7, 1980. g91011�,, h6 10 l�IQ r` DEC 1979 cp C' RECEIVED r; Weld Cooery btu Plank'Coeeoission L s�8�el9ZSd tithiti7J n c 13,E LAW OFFICE o,, NoV 1919 `''off HARLAN G. STIENTJES. P. C. RECENE° 1, '... f O 10 MO ‘C,� plaooint toots" T Fl T NATIONAL BANK BUILDING November 13 , 1979 2i SUITE 20I GREELEV.COLORADO 8063 I Mr . Chuck Cunliffe AREA CODE 303 Weld Conty Department of 963-9000 Planning Services Centennial Complex Greeley, Colorado 80631 RE: Application for Recorded Exemption of William L . Webber and Ester M. Webber Dear Chuck: Pursuant to our discussion on October 10 , 1979 , the enclosed Application for Recorded Exemption is submitted to you with the $75 . 00 fee you described. I believe everything is in order and we will appreciate your advising us of the soonest possible hearing date. The reason the request for a Recorded Exemption is made is simply that Mr . and Mrs . Webber have lived on this property for approximately 10 years . During this period of time the sound level caused by I-25 has greatly increased . While the sound level may be acceptable to a normal person, Mrs . Webber worked for many years in a loud factory that required the wearing of ear plugs . She has now retired and desires to continue living on the property but desires to build a house further away from the highway where the sould levels are more appropriate. Living too close to I-25 has contributed to a high blood pressure condition for her and the parties have been sleeping in that house with the windows closed because of the stress caused by the noise levels . Adjacent to their residence is the plot of ground they gave to one of their daughters . It is far enough from the highway that the sound levels are acceptable thus causing the idea of Mr . and Mrs . Webber building on the property that they still have in the area. They do not desire to move from this area because their family is in the area and except for the sound levels close fo I-25 , they desire to live adjacent to their daughter . The Webbers purchased this property approximately 11 years ago with the idea that it would be for the use of their family. Their plan was accomplished in part and defeated in part . They were able to convey to their one daughter a building site but were then subjected to the new county regulations prohibiting the further subdivision of the property. It does seem reasonable that the county should allow them to make this use of the property. W4144. 4 If I can supply anything further , please call . Yours truly, Aarlan C . Stientjes HCS/sw Enc . cc : Mr . and Mrs . Webber i. ;..: 1' :; is y l'' r } f , e - Q : V '' , ' .. , 0 �� WW ki 4 A .-.-.. a' �, � y �� Yx ' 1 . i 1 § t [ � Al5 d j. , ! J DSO LITTLE T: _✓IPSON VALLEY WATE DISTRICT DIRECTORS: TELEPHONE 532-2096 DEAN G. ANDERSON 307 WELCH AVENUE LOUIS F. REIN DRAWER G DAVID MCGEE BERTHOUD, COLORADO 00513 E. THOMAS RICORO CARET .1. SALOMONSON MANAGER: - LOVILO H. FAGAN July 25, 1979 , Mr. William Webber 17602 1-25 Access Road East Platteville, Colorado 80651 Dear Mr. Webber: The Little Thompson Water District will supply a domestic water tap to property owned by you located in Section 2, T3N, Rnage 68W, Weld County , Colorado upon receipt of a tap fee and compliance with the rules and regulations of the District. Very truly yours: LITTLE TIIOMPSON WATER DISTRICT Lovilo H. Fagan, Manager LHF/cg cc: FIELD CHIC;; FILING NUMBER: ‘...,S Vas \ 0D DATE OF INSPECTION: AUG 20 1q}g NAME: wWM . etc c Esh 1 V�eer b�< REQUEST: spa- bn es av oo sca t LEGAL DESCRIPTION: ?Jr. NW "r G 2 ) 173%.\ ` (Z. ceW LAND USE: N NV;cu.\ Luca. 1 E I\ • S I% W Pry 'ZONING : I-25Ro>M. N 1(\CUALTCt , LOCATION: \ M1\2. 'QO.0} Ar\& E „ � Y 4-h\e,S V\0 1 S ' 1 Pit COMMENTS : ` \ 654_,.A. w-e tV tan\VC tree.re 1S ()Ace, cL r•esi w 1 e \ed_ IV0 4'L 1) CO" S, 4CX0.. �c \-4 t: ro \1 n \ o\ CO'r rour5 . ?rQP..p CktA1flkS \la 4-Lt.. ,ea))\-t • 1 re. \ 5 SY.pv Q_Q.__ 0,e \ ‘vaire& a . ,_ -Pe•-4- t wi r 1/ 1 hd\-- u.\4\ a tacQ--- Y c.a. po`$L Y w va-t,. ICC t4a k) 'W e atS k CLCC S Ya .1)"5 VO VOX\ IS erek vt 0 • fl �1 011 BY: CI,e6p V' �f i--,J' frrei \‘ t FIELD CHECK FILING NUMBER: LSV-100 DATE OF INSPECTION: 8/14/79 NAME: William and Esther Webber REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt . NWa Section 2, T3N, R68W LAND USE: N Agricultural E Agricultural S Agricultural/Residential }q Agricultural across I-25 ZONING: N Agricultural LOCATION: 1 mile east and 1-1/2 E Agricultural mile north of Mead, east side of S Agricultural I-25 frontage road W Agricultural COMMENTS : Lot size variance parcel is in pasture and/or hay grasses. The existing residence and improvements are located in the northeast corner of the parcel. Five (5) houses are located between the house on subject property and County Road 36 on the south end of the section. The closest residence is on a two acre parcel excepted from subject property. -Intensive farming occurs east of subject property. Land to the south containing above referenced residences is also pasture use. The southern parcel contains a greyhound kennel use. • BY: colUQ.k (w oT COIN F_ • " COLORADO STATE DEPARTMENT OF HIGHWAYS *4F DIVISION OF HIGHWAYS Weld County Isle I-25 Front. Rd. August 22, 1979 Webber Lot Size Var. 1 Mi . E. and 1 .5 Mi. N. of Mr. Chuck Cunliffe Mead Department of Planning Services Weld County DOH FILE 45100 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: We have reviewed the application from William and Esther Webber for a Lot Size Variance, and we have the following comments. 1 . To the extent possible, we feel that future access needs should be served by existing driveways on the Interstate 25 Frontage Road. If additional access is necessary, it should be provided by joint driveway utilization. Any new access will require a Driveway Permit from Mr. David N. Fraser, District IV Maintenance Superintendent, P. 0. Box 850, Greeley, Colorado 80632. 2. Measures should be taken to insure that highway traffic noise does not adversely affect new residential structures. To adequately protect new structures, we recommend a setback of at least 150 feet from the center of the frontage road or noise-insulated building construction. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Albert Chotvacs 1 . Assistant District Engi eer AC:da • cc: D. M. Bower FFile: Crier-Jacobson via Raines-Finch-Graham 1:::::EG4:41:95e7c96:291, w/encl . �. We!d rnn�h aPlanning ��,.�,,,issioe w c(?47/1016 8 P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 .t Hello