HomeMy WebLinkAbout820613.tiff RESOLUTION
RE : APPROVAL OF RECORDED EXEMPTION NO. 529 - STEVEN A. AULT
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
Commissioners at a public meeting held on the 20th day of
January, 1982 in the Chambers of the Board, that the division
into two parcels of land, as shown on the plat known as
Recorded Exemption No. 529 , being the property of Steven A.
Ault, described as part of the Northeast Quarter of Section 21,
Township 12 North, Range 66 West of the 6th P.M. , Weld County,
Colorado, 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
Commissioners that the hereinabove described parcel of land
owned by Steven A. Ault 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 20th
day of January, A. D. , 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �C �� ; 7'-L777 7 7/Z4i3/ (Aye)
natal, `f" ' or, el,,.R J ii T. Martin, airman
Weld County g°lerk and Recorder (Ave)
and Clerk to the Board Ch ck Carlso , ro-Tem
ICY. � t L( c rt (2 C100..,- (Aye)
Deputy Coun Clerk Norman Carlson
APJROVED AS TO FOR /' y, t-2,- (Aye)
Ki by 7
County Attorney -117n/Ye L /Ze7�7✓`�2d:c (Aye)
J ne K. S inmark
DATE PRESENTED : JANUARY 25 , 1982
820ti13
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
11111 C. January 20, 1982
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #529
Dear Commissioners:
The attached letter and related materials are in reference to a request
for a recorded exemption from Steven A. Ault. The property is described
as part of the NE1, Section 21, T12N, R66W of the 6th P.M. , Weld County,
Colorado. The property is located 7 miles north of Rockport. The property
contains approximately 10.92 acres, more or less, of range-land. The
request is to split the property into parcels of 8.92 acres, more or less,
which will continue to be owned by Mr. Ault. Mr. Ault wishes to sell the
2.0, plus or minus, acres.
Based upon the information in the adopted policies in the County, the
Department of Planning Services staff recommends the request be approved
for the following reasons:
1. The request complies with the subdivision requirment of
Section 9-2 C.
2. The request complies with Section 9-2 E. as follows:
- The 10.92 acres, more or less, under consideration has
low utility for agricultural use due to the small acreage
of the parcel. The two parcels under consideration each
have existing improvements; No reduction of agricultural
land use for production will occur.
- These facts support the proposal as being consistent with the
intent clause of the Agricultural district; the proposed
use being compatible with existing and surrounding land
uses; the proposed use not being inconsistent with efficient
and orderly developments. The proposal being in compliance
with Section 1-3 of the Weld County Subdivision Regulations;
and the proposed land division complying with the Weld
County Comprehensive Plan.
A letter from the State Highway Department dated January 8,
1982, indicated adequate public roads exist for this proposal.
- A letter from the Division of Water Resources dated January
11, 1982 indicates the proposal will have an adequate water
supply.
E?o613
Board of County Commissioners
January 20, 1982
Page 2
- A phone conversation on January 15, 1982, with a representative
of the Weld County Health Department indicates the sewage
disposal system is adequate.
- The proposal does not exist in an Overlay District Area.
The proposed lots are not part of a recorded exemption
within the last five (5) years.
- The proposed lots meet the minimum size requirements for
land division.
Respectfully submitted,
Rod Allison
Current Planner
RA:rg
F.10613
APPLICATION FOR LOT SIZE VARIANCE
PHONE : 356-4000 Ext . 4(00
Department of Planning Services, 915 10th Street , Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. XE 572 APPL. FEE 4.
ZONING DISTRICTq�.� (IV re-re- RECEIPT NO. Zo
DATE 12 -) 5 ,� i I APPL. CHECKED BY
R
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request that the following described pro-
perty be exempted from the minimum lot size requirements established by
the Weld County Zoning Resolution by the Weld County Board of County
Commissioners in Accordance with Section 9-4 A. of the Weld County Sub-
division Regulations.
LEGAL DESCRIPTION: NE u of Section 21 T 12 N, R 66 W
TOTAL ACREAGE: 10.92 acres, more or less
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No x
s
FEE OWNERS OF PROPERTY:
Name : itepnen A. Ault and lull L. AUlt
Address: 3213 Pepperwood Lane, Port Collins, CO 8Q525 Phone : (3O3) 223 4328
Name: —_
Address : _ Phone:
Name :
Address : Phone:
WATER SOURCE: Larger Parcel well _ Smaller Parcel well
TYPE OF SEWER: Larger Parcel 2 septic/drain Smaller Parcel 2 septic/drain
• PROPOSED USE: Larger Parcel residence/stora*al ler Parcel residence
EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) Yes
I hereby dispose and state under the penalties of perjury that all state-
ments, 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)
Signat-tf : wnez; or Authorized Agent
Subscribed and sworn to before me this 92 day of ,
SEAL
Notary P
/ o w\ i $
My Commission expires :
`)0613
804-80-031mit
IF
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G � Q1;1 Steve Ault
ry (-0 :. 3213 Pepperwood Lane
Vc ,` cou°ms`oe � Fort Collins, CO 80525
*
\6' "\00 vJ 16 December 1981
,
Rod Allison, Current Planner
Weld County Department of Planning Services
915 10th Street
Greeley-lc CO 80631
RE: Stateline property
Dear Rod:
This country has propsered as a result of the American dream of a person's
ability to purchase property and improve it and I want you to know I still
believe in this philosphy. My desire is that you or someone in your organiza-
tion will continue to give me hope and assistance in realizing this dream
plan for the Stateline property.
Per my wife's d-_:,scussion with you I wish to confirm the following:
1) You question whether I can get permission to sell off the mobile
home in view of current regulations.
2) I can build a barn to replace the barn I tore down as the barn
is not a residence.
3) I can build a new home providing I eliminate as a residence either
a) the bar building or b) the mobile home. The boxcar, which was a former
residence, will no longer count as such even though I tore it down less than
six months ago. (The County regulations desire only one residence on this
property, there are two at present, were four prior to my purchase, and the
number of people per structure is immaterial. )
I'll be gone until mid January and would apprec ate your writing me if
I'm incorrect with the information herein. Enclosed is check for $85 along
w.th d_agram and sketch per our prior conversations.
Thank you for your tlme and effort in th-s matter.
Sincerely,
Steve'A. Alt {
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•
Steve Ault
1420 E. .!'ith Street
• • Cheyenne- WY S2001
^n "ail. 1' 1
':• icy 'r,:my Planning Commission
°1S Tenth
enter Street
•
.Yip:tenet?
• ..!{r .',r r.y.i..�. ":i''
r.3'..:{e 'p:! ' entl_`^ten: •
? recently (December 1SQO) purchased the old •Stst'sline 'sr prcrl:r.•ty..
7h1s letter -;.r.^.trides an outline as to :ghat he erceerty formerly -.,as eaed '
far these .nett -?.Y'e not familiar '. it It . whet Is '..e'RR don't' c.t creel` :`' with
}•.•: 'roperty, and what 1 h do with the o3 ,
wisp•. r.: ....e ~r•�_,e_-t:t.
A o Io ''r vets in a 30u-ther1y direction on '7''S1 T iehwey 65 out of C'he.-er
.,.-e reaches the state line and. enters ''le beautiful State of Celerao.
''+r'ct v to the vest of the Welcome to !'olorado sign is the property i'r. .a,:o'.T",
This pantie' ar rorert_✓ was {n a -state of 7r}o re air (photo.
'`
•
'r.A.phF available on request), The rain stru':tere .which 19 In excess of 120
'.v.a was the old bar and daanceball building. ^ireeti7 to the south o!* i'
.3 a boxcar on a concrete foundation which hou3'-''l C+L iiio est :'':',el.linp: in :':ter
more ::e te.eior ±ed condition. TIen further south was '1 three oe d
!?:. rou� home in •
zonditien iri.'.. an `?Aached workshop. •,o the west of 'Litt' Let�i.Si;..^.t�9 •
i ern or :'ores, built of nothing i o.re than scraps of el?Pe od
3r ,r. ^`iztri.C••-tie all-•Fi�rcp material * t '; result , +� t .. 1.:
�.. Co FS rxc ic�r; _.3..1.t .... ^.t ,F .r..,,
.:..1'.wrstind it these bei jings, with exception of, the house •3t :2;e
d^lni�ttit v, „a the ,`.rr,eA2"tY `'e'1!? 1n ,tvf 2tpt'.np fee rlrryrnriw}^OlV 1;R +rsac,rt '
r3r1rtnally the bar and derricehall su.nported a very successful enterprtae , now-
ever, in ahnut 1^z► interstate Highway 25 vas connleted and from that time to
r v eaent this Property has deteriorated drastically. The tar Ilea ?ahCeh4.11
'' ld nr ,es i with flagstone `' or the sided�d a 3.n a number h.4 stones -t sYa! been removed
dee to deterior:1...};on, vandalise. eta. 'Te.ply ever' winnow la the building
vas ".rcken Slur::: T -p'.?rcha.sed ;he. nroeerty, A yre3' ,l alority or the windows
' oars?ed over with uneia':t1y scrap mater'_ai . be doors, likewise; had
942'''aere,^.. from misuse. The' sorfits and facia had not 'be_en tended to for over
11 yearn and sported no naint whatsoever. 3oth dry :n4 vet rot was apparent.
'he rn.ttering: .'9.s nearly comPletel', rusted through and roof :irs,intre sat; not
r,:rneled taxo''gh dow spouts, The roofing, .formerly three ta'; shinalles. had
Seen hot mopped, with felt and was extremely poor and most uns'"htly. The
•
`:!Q61
surrounding grounds were littered with garbage. tin cans , beer bottles and -
cans, building materials, etc. nearly a foot deep in spots. ¶ro the east of I .
the structure had been a paved narking lot and its deterioration vas very
evident.
The boxcar had flagstone veneer siding on the east side only with nererous
patches where stones had been dislodged. Doors and windows were virtually non
existent from neglect.
The `! occupiednews rn .,a for
home was <� tenants who have been in vo+ar di._
rei:sine "net eu11d" (dogs). The hone itself has been far better naintetred
tean sea et er h?tileinee bet teerove ert is not i:^.')^,a..i-:'e. the arr>Zfl` ee
!eye-emu:inc the -spree. ccirocr home have been denuded of veeetation neca,.?-3
a:nir.:als and the dogs which numbered ten or more. The Sees l:er.e fo rt.ur_a•tel
chained with log chains to 1/4 inch iron. stakes (car axles) and as these crest-.Tees
eteemrted to escare their tethering they dug deep ruts into the dirt. cur-
rotindirig the barn was what I feel an excess of manure where numerous other
ceeeturea end roosters (some claim the eiehtinsr, variety) resi'ed A nee ,:.r
of i :ked or ahandoned vehicles ;-eee parked about.
:3t this tine I have done the fotlowine: ('`n the main struct',rep ;re- atrec1
tee •nsieetly window covering and replaced the glass , reraireri and renlacse tha
,?oors. removed the broken flagstone and installed two lti foot eareee doors
,here the d:ameee was most excessive, installdd new soffit and *acie. coverings
c emel.etely reroofed with attractive earthtone colors the black roof. hew_?ed
la c 'f,.,_ed rock to improve the narking and old drive area. rerovee rats;y
1.ro'f::n fencing, removed unused signs and Holes, cleaaeri and hauled off 3e'.•ris
.end "arhage, leveled and backfilled the west side of the building for both
sneer r.ghee and earth sheltering the ;.vain bnildinc:. I've also step*er' se->ainti n"
'....s_. r,,.terior of the structure and recovered the apartment floors.
she second r1:lidfz:g (boxear) has been removed :''roe± its nrev:ir.•as
(as well as its foundation) and completely demolished as T felt it infit for
._;1a:. ;gee e tire hazard not only to itself but the neiehhorine s ructu! as
_ 1. e . . J' t_ r . 1 i...., t.._ left
..L. J. a.._
w. . w...v iLL1 C:y.' t,, 4 :FL1t:G OLiv.A :1LK. eel .:.I.hai L..L� .��iiL Ll:i...l Vv VG L•�Nii _ .s
res4 deuce . `"the area between the bar building end hone has been lo-f,1,-,e77
l e'rel¢:_d, filled with black dirt when necessary. and is in the erec.ess of b;:7: n.
lanesc aced.
The area to the south of the he :e, formerly dory pasture, has al.sc
.•:,-r.?Led with a P-9 cat and black dirt brought in for ;goner restoration.
}gam, hee, '•gun completely dismantled, a 'ev railroad ties salvaged s.nd
levalcd and cleaned un. The southern dwelling already exists as a srsparate
niece of rrorerty with its own two sewage systens. separate yuard an•1 dr ',5w9y
with nar).ine, and separate electrical. :system and bottled 'as. I have foinid a
family who hss agreed to rent the property until arrangements can be Ted,. fer
them to rurchase it.
e?O61
desires were to build an earth-sheltered here cc the northern end of
the "ronerty sometime in the future. Like most anyone I have limited funds.
I fig: red with proceeds from the sale of the southern residence I could continue
with , plans to introve and develop the formerly unsightly Property to some-
thing we, Weld County, and the state of Colorado could he proud of. In the
coring months I intend to install fencing continue seeding the raw dirt,
and complete the painting of the exterior and interior of the structures
I anrr eciate the 35 acres Per ___;l e family dwelling concert as most of
geld ro`mty is rich in acri_ullt...ral _'.gds . - regret T will have reran an
m'cssible tine raising canes when , in "ac., . the land in this area is even
J'.cstiorable cast relend. The reor rccee so 4th the steer, hills to the
-.rest and north of the Y it l=ogs nroyide use for virtually nothing ether than
an earth-sheltered house so needed with high and 1_irited energy.
•
I have removed tvo firetraps . the tenant with the numerous animals I
learned were not in conformance with the law and, should I elect to 'build an
earth-sheltered house it would he of concrete with no neatinc system hence
the fire exposure_ would be virtually nil cornered to the two structures I
recently removed. I do rot feel this zoning ordinance should aptly without sore
tune or exceetion. P.lresdy the acreage is less than oc acres . nreviousl• the
__. e was very de-en'ant uton ^clice and _fire trotecti * _einr a bar ^nd nieht
clube and then four residences on this -larcel of ^rour.d (a mobile hone had
teen. -et-owed -prior to cur purchase) . I propose a stable rroner`v-ewnicv
residence versus the transient tenants. !-'y desires to subdivide will not add
further need for police and fire protection but introve the euality of the
residence and stability as well.
When I initially purchased this property I vas unaware of the county
ruling requiring 35 acres ter family dwelling. I assumed I had a legal tract
of lard and a Parcel of land I could subdivide as we are only one family and
need only one house versus three. It was in a neetire only recently I learned
what needed to be done. T do not feel laws should be made that reralize
those desiring to i;.^rove ironerty which this will eo if I'm unable to sell
off Ehi3 one resieence to assist me in completing my dreams and plans of
improving- the rest o: the rrotertv. America vas founded with the pioneer
venting to settle, develop ane improve the rat' land.
I hone this will be of assistance.
Sincerely,
Steve P.. Ault
F?0613
REFERRAL LIST
APPLICANT: Stephen A. Ault CASE NUMBER: RE-529
SENT REFERRALS OUT: January 4, 1982 REFERRALS TO BE RECEIVED BY January 13, 1982
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County Attorney (plat only)
Weld County Health Department
XX
Engineering Department
`' XX
J� -- 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 jXX State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
K 7::11420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
eCt:0613
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