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Home My WebLink About20020728.tiff iW _ _ SMF pb 9iwl Ccj � Im I i $6F AMH CQ _ 9 .12;r2 _ = dryo U ° * O m _ _ _ _6 c o °E2Sr' omV Z .5 •• ii c — — _ _ _ E.o .Uva' gcci z.,r— i Ei z F °.2 to s= �a a We - _ �[: ;:c 16 k 'F -- snn ai p+�.� J _ _ -nt SC Cza z - --_ core y — ` o E FW..-1m C !el & o t .-A cc t 02< a m n O 4 ft o • FR 1 , 02 iik 2 - - 4 Y 2 0 < 9 &i a "apt 76 76 V 1 U ' 674 H tt ;° o - E .Cob41 c L III g g to - ` ' z I--• Zo nT. • ono bN I _ o _ Ct O ,.1 E=: - - b o W• EW-. .c' e y U a 1•-• _ a [�I E ;- FyW. z_ • \v j 6 E^ E— ,�, 6= — r °g CWi p - ° s = is U 5 S o 6 _ c ,g&:9. C 0 3 . E �E c — W .I o 0 5. _ II2 2,7 W s- - - 6 E a ' Eg_ Q` - - - Q a E 13 t ze- 3 any r • o a , �f ti C a < 3 .m�: o _E' �- m m h a _ 3 B 4 3 o [� 36 ¢o, SY// Cvo&.LLN1203 Q79d „o\Hpii- E �7 V C 8 6 5 00°00'41"E 270682' _ _ " - - - _ Q w2. kg -- ...\-. g 55$ as RI ' { 11 a W � "• 3 3 EE k.t. ln c4 ;!! 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O m roc Fite is a 2 `= 3 s 8'8“' gist" o :' W c 3 W -i.W .=yt. .fir 4 `II -.. °Y�d w W - _ o ;boo False N y . o g. ¢ 'oS -as m o 0 o ¢ 5 -E-aE A� ilC r it 0 ❑ • ilia,; 'Atli Y %i£ aooa- ozA0 RESOLUTION RE: APPROVAL OF AMENDED SUBDIVISION EXEMPTION #816 - ROBERT AND JANE MILLER 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, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., and Section 24-1-20 of the Weld County Code, did determine at a public meeting held in the Chambers of the Board, that certain parcels of land to be divided, as shown on the plat known as Amended Subdivision Exemption #816, do not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Amended Subdivision Exemption #816 was submitted by Robert and Jane Miller, 21583 Weld County Road 70, Eaton, Colorado 80615, for property which is located in part, being more particularly described as follows: Part of the SE1/4 of Section 10, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above described parcels of land be, and hereby are, declared to be exempt from the definitions of"subdivision" and "subdivided land" as set forth in Section 30-28-101(10), C.R.S., and Section 24-1-40 of the Weld County Code. BE IT FURTHER RESOLVED by the Board that approval of Amended Subdivision Exemption #816, submitted by Robert and Jane Miller be, and hereby is, conditional upon the following: 1. Prior to recording the plat: A. The plat shall be titled: Amended Subdivision Exemption No. AMSE-618. B. The Subdivision Exemption Lot shall use the existing residential access as no additional accesses shall be granted. C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15-inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicants choose to place a larger culvert, they shall contact the Weld County Department of Public Works to adequately size the culvert. 2002-0728 e C' : ,4 //rn f9/ SE816 AMSE #816 - ROBERT AND JANE MILLER PAGE 2 D. Weld County Road 70 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 70 shall be delineated right-of- way on the plat. This road is maintained by Weld County. E. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. F. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M, and R in Table 3-A of the 1997 Uniform 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 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits, the applicants shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Amended Subdivision Exemption number. 4) Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 5) Weld County's Right To Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the Plat. 2002-0728 SE816 AMSE #816 - ROBERT AND JANE MILLER PAGE 3 2. The applicants shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicants 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. The plat shall be prepared in accordance with the requirements of Section 24-8-150.1 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. BE IT FURTHER RESOLVED by the Board that the applicant shall submit a Mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 24-8-130 of the Weld County Code. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of March, A.D., 2002. BOARD D OF COUNTY COMMISSIONERS W EL.�`.l'PCOUNTY, COLORADO ATTEST: // Glen ad, C Weld County Clerk to the Board c� David _Lon ro-Tem ' Deputy Clerk to the Board M. J. eeile Al___3P7D AS T ORM: / ✓ P William H. Jerke ountyAttorn y EXCUSED Robert D. Masden Date of signature: 2002-0728 SE816 Wi`�PC DEPARTMENT RVICES SUBDIVISION EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: S Lockman HEARING DATE: March 25, 2002 CASE NUMBER: AMSE-816 APPLICANT: Robert&Jane Miller ADDRESS: 21583 WCR 70, Eaton, Colorado 80615 REQUEST: Subdivision Exemption LEGAL DESCRIPTION: Part of the SE 4 Section 10, T6N, R65W of the 6th P.M., Weld County, CO PARCEL NUMBER: 0803 10 400017 PARCEL SIZE: 3 Acres +/- ZONE DISTRICT: Agricultural WATER SOURCE: Well SEWER SOURCE: Septic system The Department of Planning Services'staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services'staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-170.A through 24-8-170.A.4 of the Weld County Code: A. Section 24-8-170.A.3-In those instances when used pursuant to Section 24-8-140 B of the Weld County Code, the request is the best alternative to dispose of existing improvements in conjunction with the companion recorded exemption. The applicants used the subdivision exemption to separate the two existing residences and gain an additional lot. By moving the lot line so that both homes are on the subdivision exemption lot, they are evading the intent of the subdivision exemption used in conjunction with a recorded exemption.Should this request be approved,the applicants will be granted a lot that no one else in the County can even apply for. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: 1. Prior to recording the plat: A. The plat shall be titled:Amended Subdivision Exemption No.AMSE-618 B. The Subdivision Exemption Lot shall use the existing residential access point as no additional accesses shall be granted. C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required,a 15 inch Corrugated Metal Pipe(CMP)is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. D. Weld County Road 70 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of-way.A total of 30 feet from the centerline of Weld County Road 70 shall be delineated right-of-way on the plat. This road is maintained by Weld County. E. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. F. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. ` No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform 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 23-6-10 of the Weld County Code. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Amended Subdivision Exemption number. 5) Should 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, pursuant to Chapter 15,Articles I and II of the Weld County Code. 6) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment;slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement,silage,and manure;smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses,including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 2. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 24-8-150.1 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. (110 O DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greele0, O 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 ip C. COLORADO March 4, 2002 Robert&Jane Miller 21583 WCR 70 Eaton CO 80615 Subject: AmSE-816-Amended Subdivision Exemption on a parcel of land described as Pt. SE4 of Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application for the Amended Subdivision Exemption and related materials are being processed at this time. If it is determined that the application meets the approval criteria of Chapter 24,Article VIII of the Weld County Code,you will be notified that the subdivision exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the subdivision exemption. If you have any questions concerning this matter, please free to call me. Respectfully, Sheri Lockman Planner MEMO TO FILE / ripi2P— On February 14, 2002, Mr Kreps and I visited concerning the need for a modification to SE-816 for Robert and Jane Miller. Based on my discussion with Mr Kreps, Mr and Mrs Miller received approval for this Sub exemption in April 2000. Concurrently with this approval Amended Recorded Exemption 2044 occurred. At this time the applicants sought to undertake the development of a recorded exemption which resulted in the creation of 3-lot within conjunction with an SE. That activity allowed the two existing farm structures to be severed from the property thereby creating an addition lot. The applicants are now proposing to modify the subdivision parcel by including both houses back on one lot. I explained to Mr Kreps that this activity was beyond the scope of the SE process and that the RE and subdivision used in tandem is intended to create lots while at the same time separating existing improvements. That my interruptation of the ordinance does not provide the ability to modify out an existing structure - to modify the SE to include both homes. The intended SE was to separate the structures. The SE is not intended to undo an arrangement previously agreed upon. Mr Kreps and I discussed this activity of modifying would merely move the most western line of the SE down to the existing county road. While I concur that the activity of moving the line is plausible. However the concern I expressed is the resulting parcel must be a segregation of the two residential structures. Mr Kreps discussed the possibility of meeting with a Commissioners to resolve the situation, and I suggested the most appropriate course of action would be apply for this activity with the understanding the planning staff believes the application is beyond the intent of the ordinance. Mr Kreps and I discussed the need to modify the original SE as well as modification to the corresponding recorded exemption. After discussion, Mr Kreps decided to proceed with a modification to the existing SE and to modify the RE. I conveyed to Mr Kreps that I discussed this issue with Lee Morrison and Lee Morrison stated he concurred with planning staff's understanding that the SE's intent and purpose when used with a recorded exemption is for separation of two existing structures. To create an SE only to come back later and to reconfigure the lots to include them together is beyond the scope of the ordinance, and not recommended by staff. Finally, I did explain to Mr Kreps that both houses could be included in lot C of the RE with the possibility of one of the structures becoming non-conforming. After discussion Mr Kreps stated this option was not economically feasible for his clients as his clients had several people wanting to purchase the farm but the existing configuration was causing problems with its marketability. I gave information to Mr Kreps and I am under the assumption that Mr Kreps is going to forward this case to the planning services for review under the premise that this application does not concur with the spirit of the SE as both homes need to be on separate parcels . Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" / Minimum 3 millimeter polyester sheet ,ice Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Ccale- Suitable Sc e? (1 "=20 ' 1 "=100') 2O /� Accesses indicated Shared Access? If so, is easement Certificate included? V Roads labeled, including R.O.W Building Envelope(s) �cinity Ma Suitable Scale? (Minimum 1 " = 2000') i0 North Arrow d/ Legal Description Notes from Planner/ Development Standards ,/ v Conditions of Approval Ja C''a- t/ Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE, SE, SPR, Final PUD if Certificate Staff Approved) Planning Commission (USR, COZ, Minor Sub. Final) Certificate Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE & ZPMH if Board approved) (� Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) ----- Easements -- Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: l Ake- reet‘...Nriss `ji DEPARTMENT OF PLANNING SERVICES 1555 N. 1T" AVENUE GREELEY, COLORADO 80631 IDWEBSITE: www.co.weld.co.us C E-MAIL:cangeli@co.weld.co.us (97 cang-6100, EXT. Xc 540 O PHONE (970) 353-6100, ET 3540 FAX (970) 304-6498 COLORADO February 7, 2002 Robert & Jane Miller! 21583 W CR 70 Eaton, CO 80615 Dear Mr. & Mrs. Miller: The Department of Planning Services has reviewed your letter received January 23, 2002, regarding Amended RE-2044. Currently the plat shows Lots A, B, C and an out lot, SE-816. Your request is to include both houses on the SE lot. The purpose of the SE lot is to split off improvements and create a separate lot. This does not allow for two homes to be included in the SE lot. Your only option is to vacate SE-816 and retain both houses on Lot C. One of the homes will be established as a nonconforming use. The process includes submitting a letter stating vacation of SE-816 and a second amended recorded exemption to include the SE lot into Lot C. If you have any further questions or would like to have the application mailed to you please call the Planner on Call at the number above. Sincerely, .fit L,.(et, ( ift. Carla Angell Planner APPLICATION FLOW SHEET COLORADO ��MM 4 1 APPLICANT: Robert & Jane Miller CASE #: SE-816 REQUEST: Amended Subdivision Exemption LEGAL: Part of the SE 4 Section 10, T6N , R65W of the 6th P. M . , Weld County, CO LOCATION : North of and adjacent to Weld County Road 70; approximately 1/2 mile west of Weld County Road 45 PARCEL ID #: 0803 10 400017 ACRES: 3+/- Date By Application Received Feb. 27, 2002 SL Application Completed March 4, 2002 SL Referrals listed March 4, 2002 SL Design Review Meeting (PUD) File assembled 5 , 5"-- p -z. TA\ Letter to applicant mailed 3 c. oz D/A Vicinity map prepared Referrals mailed .a . 5 . 0-Z hia Chaindexed 3 . c , t? U L4 Field check by DPS staff Administrative Review decision: Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action : CC resolution received Recorded on maps and filed Overlay Districts Zoning Agricultural MUD Yes Nox_ IGA Yes No_x_ Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No_x Panel #080266 0627 C Road Impact Yes Nox SW Weld 1 2 3 Windsor r FIELD CHECK inspection date: 3/12/2002 CASE NUMBER: 2n° AMRE-2044/ SE-816 APPLICANT: Robert & Jane Miller LEGAL DESCRIPTION: SE-816 and Lot C RE-2044, being part of the SE 4 Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 70 and west of and adjacent to Weld County Road 45 Zoning Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural / Residential S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural/ Feedlot / Residential COMMENTS: The site contains two older homes and outbuildings. The homes appear to be in good condition. Lot C has a pivot sprinkler. S /6a Sheri Lockman , Planner II F-` • DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone: (970) 353-6100, Ext. 3540 Fax (970) 304-6498 SUBDIVISION EXEMPTION APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Application Fee ISO Receipt Number 0Ri5/ Case Number Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures): TYPE OF EXEMPTION REQUESTED (check one) mendW1E x Property line adjustment x Used with Recor ed xemption Financing purposes Public utility facility I (we), the undersigned hereby request that the following described property be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 24-8-10.A. of the Weld County Code by the Weld County Board of County Commissioners. Legal description: SE 816 Section 10 T 6 N, R 65 W of the 6th P.M., Weld County, Colorado. Parcel number: 08031 0400017 Total Acreage 3 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes x No • FEE OWNERS OF PROPERTY: Name: Robert L. Miller and Jane Miller Address: 21583 Weld Co. Rd. 70. Eaton, CO 80615 Phone 353-1096 Name: Address: Phone 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. Signa ure: Owner r horized Agent Rev: 01/03/01 • a aldCcunty ;-lanningD pt CIE: January 16, 2002 R E C E V rD Weld County Planning Dept. 1555 N. I7`h Avenue Greeley, CO 80631 RE: Amended RE Lot C 2044 To The Planning Staff: Health reasons are forcing us to sell our farm. We had planned to keep the farm along with our home and improvements. Therefore, we applied for a 3 lot exemption which was approved, and we subsequently placed a center pivot sprinkler on the farm. We sold the two smaller lots which were located in the NE corner and the SE corner of the farm. Shortly thereafter, Bob's health deteriorated rapidly. With the excessive medical costs, we decided to sell the farm but we wanted to retain our personal residence. We then engaged the services of Mr. Todd Hodges to see if this could be done. Our request was to keep both houses on the one lot because of their close proximity to each other and also because there was no North Weld Water tap available. Both residences share a domestic well. It was our understanding that this was not allowed by the county regulations. Therefore, the amended exemption was approved with the one house. We listed the farm with Bob Kreps of Kreps-Wiedeman Auctioneers and Real Estate. After numerous showings, Mr. Kreps reported that the configuration of the Amended Exemption was not acceptable to any of the potential buyers. The main reason, as previously stated, was that the two houses were too close to each other for separate ownership and the fact that the domestic well and driveway had to be shared jointly. These two houses have been a part of the farm for at least 50 years. Our request is that we amend the exemption to include both houses on the small lot. We would be willing to accept a non conforming use of the second house. The possibility of including the shed would be an option with your approval. We realize that we made an error when we applied for the 3 lot exemption by not anticipating health problems and medical expenses. We do have potential Buyers at this time that are interested in purchasing the land only. Please be assured that we are not trying to create anything abnormal but to simplify the Recorded Exemption in order that we may be able to sell the farm more easily. If you should have any questions, please call us at 353-1096 mailing address: 21583 Weld Co. Rd. 70, Eaton, CO 80615 or contact our agent, Bob Kreps at 356-3943, mailing address: 2221 2"d Avenue, Greeley, CO 80631. Your consideration to this situation would be greatly appreciated. Sincerely, Robert Miller Jane Miller Y/ ,✓/, Recorded Exemption Questionaire 1. A. Domestic water on both residential dwellings is supplied by one well. B. There will no be no irrigation water removed from the farm land. 2. The sewage disposal on both houses are by means of septic systems. 3. The large parcel (Lot C) will be used as agricultural farm land. There is a center pivot sprinkler now situated on the farm, and there will be no agricultural land taken out of production. The small parcel, SE 816, will be used as a rural residence. 4. This proposal is to amend the SE #816 in conjunction with Lot C of RE 2044 by including the residential dwelling and shed now located on Lot C to be located on SE 816. We have had our farm for sale for the past year because we are wanting to retire for health reasons, but wish to remain living in our personal residence. We have had several good prospective Buyers, but the close proximity of the two houses which are only 25 feet part, has not been acceptable to any of the potential Buyers. Another big concern was the shared driveway and the shared domestic well. We currently have an offer to buy our farm with terms acceptable to us. This offer is conditional upon our ability to remove the house and shed from the farm(Lot C) and include it with the SE. The amended change which we are requesting on the configuration of the SE only makes good common sense. The small parcel will be used as rural residence while the large parcel will remain agriculture. 5. The small lot consists of approximately 3 acres M/L. The amended change of the SE would increase the size of the lot by approximately 0.8 of an acre which would make the SE lot size a total of approx. 3.7 acres. The 0.8 of an acre does not include any farm land. 6. The unique physical characteristic of the property is the close proximity of the two houses. However,this is a fairly common situation on other farms in the area which were once used as family farms, with several generations of the same family occupying the homes. 7. It appears that all structures do meet the minimum setback for the Zone District which is agriculture. 8. We do not wish to place a conservation easement on the property. 9. We prefer not to place a building envelope on either property. 10-13. This proposal does not change anything. There is no proposed new construction, and the surrounding area is farm land and rural residences. REFERRAL LIST NAME: Robert&Jane Miller CASE NUMBER:AmSE-816 REFERRALS SENT: March 4,2002 REFERRALS TO BE RECEIVED BY: March 25,2002 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton X_Public Works Erie _Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health _Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle West of 1-25(Loveland) Lochbuie East of 1-25(Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 _Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins School District Greeley Ditch Company Longmont West Adams COMMISSION/BOARD MEMBER Memorandum 1 TO: Sheri Lockman, W.C. Planning 1 �• DATE: March 6, 2002 COLORADO FROM: JtPeden, EH Services CASE: AMSE-816 APPLICANT: Miller, Robert & Jane 1. Environmental Health Services has reviewed this proposal and we find no conflicts with our interests: Please see the original RE & SE for comments. Please note the following, though: 1) Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant review 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. oeQa�meek �e\d GO roe ti EV\�F\CE MPR O 6 .1°- M:\ENV IRONMENTAL HEALTH SERVICES\PLANNING\AMSE-8 16.rtf • MAR E 2002 Kits trit;t:, WELD COUNTY r'UGLIC WORKS DErT Weld County Referral C. March 4, 2002 COLORADO • The Weld County Department of Planning Services has received the following item for review: Applicant Robert&Jane Miller Case Number AmSE-816 Please Reply By March 25, 2002 Planner Sheri Lockman Project Amended Subdivision Exemption. Legal Pt. SE4 of Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 70; approximately'/ mile west of WCR 45. Parcel Number 0803 10 400017 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. ❑ 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. 14 See attached letter. Comments: /,an~c a-; 404 2c _ 20 ,c f p £_ /3 -O Z Signature j( 4, : CJ Date d 13 - °2_ Agency +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 •:•(970)353-6100 ext.3540 +(970)304-6498 fax M E M O RAN D LiMounly Planning Department r;�EELEY OFFICE m q 14 2002 TO: Sheri Lockman, Planner II DATE; March 17 ED or CFROM: Donald Carroll, Engineering Administrator (0:i • SUBJECT: AmSE-816; Robert & Jane Miller COLORADO COMMENTS: WCR 70 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23,Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. 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F` s E� r�4 n w x t'::x a�jt '�t -¢ _a � ,�3 � N. • �' '2� •c W 1.£ ' �nI' s 33 - S} ✓ .33;"4,3-1,:'4,34:-t' 4x -.„,‘„• ......E......„ .„.„1 .„,....„:: _•,„).fy: :..L , yn+ � 1 ! 15:,3,,•,Y3:1.'313 ce •,.,„,.•••,„•,,, ..,,,• •• •••,•••,,..„,. ..,.. .•••. .....L.... r y, . , . . • •• . . •q. e , �i .3 r .y 1, a x g :7e r ;.. ��s' r i {�} 4 '11 S A 'mss -. %M' , • h 419'07'07'2 .:298.74' �___. _ _ ------ --1�011 v.C040101 E¢uw m,u..IMP _ ti 89 05'33'C 2099.n' IRE I rooms 4,bunt S59'27"E 7'm ACCORD lies 4/' REPLACED EDP 4,PEW It: 1 2541.200 CV S 52.98'51"E 162.91' S 129 162.91' I S 3996'20"E 162.91' N 89'59.11"E 197.06' —4 30.00' R1GHT-Of 0 J, AMENDED LOT C RE 2044 h 151.825 Acres % w ui ¢ a O a p o o -, 0 0 0 0ft Z yl P CENT( Pno, • ,V 7'n t:on u p h p / t®` 0 0o m f� o / a Ev 2 W z / n .�. / / 0.,..,„ 8 S 89.59'11"W 170.99' / I S 37.47'14"W /' 180.86' S 98'43'01-w ,(„„en 240.95' 4 N 34.40'90"W S 43'11'98"W III CALL 212.10' 1410.88' ul.m -LL' N 212.11'0 W S 52.36'01"W I >� i N 01'16'59"W 180.86' 2202' ® > n� S 01°16'39"E !r.,x 5, r. / . _ 1 182.09' s.:at n -n^ L — — — rWfno5r CORKER S 88°43•01"w 1279.57' \ xs:::,4 • SCCnOM ID.UK.ROW E„r... 4 8.76' I4.0.4'v.1 NUJ" BB°43'01 'w 2655 46' .ECtss ¢KCu'+o1 1655.51' NEI -- .cats I 1 N n T F .C WELD COUNTY ROAD 170 1 1 Proposed line adjustment . — _ I tth s . f *32— ---- - %"., Existing house le a- m I A\o 3 AMR) RE co. LOT'C-RE 2o44 kW CO RE3:RIO NJ 3l VICINITY MAP N 89'07'07'E 2099.74' 0 _ _ _— ICCT 1/4 S 141A T H 09 06"��3099].'(NCI �1 S[Cfgn IS,iM,MA )'33'27"E MS AMMM AMMO Tin a3.41' Mt•4CC0+mI/S Ku •i la 4WW li]ISIS,i0% N31"E 1862.91'2.91. S 45'56'36"E 162.91' I S 39'16'20"E 162.91' N 69•59'11"E 197.06' —I 30.00' RIGHT-Of ei p n AMENDED LOT C RE 2044 in 151.825 Acres Q 2 8 O o x o '9 � Z "3 i Walk.not R r; a o / O o o U o 54 a 9 O / O m.1 64 64 Z / A R` / O $ 1�i' • ,O • • • • / / / OIL w(LL A S 69'59'11"W 170.99' • • / S 37.47'14"W /' 160.66' S Ic'43'0I-Pr ,.cwoca. l0.95' J N 31 ", S 13'11'39", sic cncc 272.10'2.10' !80.88' Au / N 63.41'10", I .1 ucr y. c 212.11' S 32.36.04', s. I S 01.16'39'•W 160.66' ;., • s / 127.02' _ _ _— S 01.16'59"E • r.x w.r 182.09' i CCSS G; 1 S•i_I• S0VM4r1 C0AMU .) 6" "71"1I"•;`SA.4 S 88'43'01"W 1279.57' \crrs me SEC lo,OK 113 nK'nc,rrar•� a iw<u'wr ,c.ru•wi r<rss S 88"45'01 Iv 2655. 6' ttrsr ,c,4u .t 1655.33' (RE) N n : R .a WELD COUNTY ROAD #70 I )'L:.' Plan Before Boundary Adjustment . _ War) SA Pp:SI2=...______ _ . _. A- 4.1 PA ,�. 3 3 /MD AE c3T C-R£zo44 • I ,I_�z1= VICINITY MAP • N 89'0T07'Pf.'.2099.74' _ S N 69 06'31 199.1(' RC — — — —'O Cast I/4 CUAgr S .x•53'27"E I route/1 IOU FM 203.41' *tnato 9min[ •, 'u 941 Y4w.n• F' LS15111.3%0 S 52'38'51"E 162.91' S 45.56'36"£ 162.91' I S 39'16'20"E 162.9!' N 69.39'11"!. 1➢7.06' -I 30.00' air ,I-0: ra AMENDED LOT C RE 2044 • to Z. 151.825 Acres • • [n H CR o t eg ' P cwrcl mat • � 2 g / CD • a v a 99 / . / (% s s .N R `ox. I • / on wnt a S 89'59'11"> 170.9➢' • / I S 37.47'14"6' S BB 43'01"K /[.9 ex. 180.66' 240.95' I N 4.4'4070"r S 43'11'39"Ir s¢CALL 2/2.10' 1910.06'0.06' Intl N 63.41'10"" I 1 tcn 'CSL 212.11' 1 r S 366'04"� I f S 01'16'39"M lB0.8.BB' • - 122.02' it +r.a s•4r.9 S 01.16'59"E rccss aio-rx^4 ,O / l 782.0➢' JI r — -•— 3'1?'_ — — — — ,oumt.n ccnu 'y ' S 88'43'01"6•': ..s S 88'43'01"M 1279.57' \ lmrwc 1 Strna 10.11n,PI:. GACSI'+9 (RD 668.63'3199 2655.16' Access 1615.31' (R Acrnf At n T R .C WELD COUNTY ROAD /70 1 I I i Plot Plan After Boundary Adjustment _ — wan Co firkik.1 01 I t \p 4 .) • W hM0 RE col"C-R£zog4 +IIL AD QO RD 4%70 -. . . VW'TNTTV MAP ^� ^.Road File# 2.E:02/ Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: February 25, 2002 933 North 11th Avenue,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)352-2868 1. Applicant Name Robert & Jane Miller Phone 353-1096 Address 71 583 WCR 70 City Eaton State CO Zip 80615 2. Address or location of access 21583 WCR 70 Section 10 Township 6 Range 65 Subdivision Block Lot Weld County Road # 70 Side of Road N Distance from nearest intersection 3. Is there an existing access to the property? Yes x No_ #of accesses 3 4. Proposed Use: ❑ Permanent IH Residential/Agricultural ❑ Industrial ❑ Temporary O Subdivision O Commercial O Other tt*Ss***tttttttttttttttttttttttttttttt******ttttttttttttttttttttttttttttttt ttt*5****ttt t ttt******ttttttttt 5. Site Sketch • Legend for Access Description: elf AG= Agricultural IL__ RES = Residential 4 I A t . O&G= Oil&Gas D.R. = Ditch Road El 7 r I-- ttttttttttttttttttttttt•ttttttttt#ttlattttttttt*tttttitttYtttttt#ttttitttkttttt tNtttt ft ttttttttttt f ttttttt OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions tttMtttttttiqttttttlqttttttttHtNttttttttttttttttttttttttttttttttttttittttttttt t Ntttt♦tt ttttttt tbtttlt O Installation authorized O Information Insufficient Reviewed By: Title: 7 Weld County, Colorado Page 1 of 1 I. r Weld County, Colorado -Y- 4 to Legend SelectedFeatures nCounty Border Parcels Qtr.Sector Grid Photography • Z e Weld Cw.ty.Ceirade. .1 ` • ,.• -.�... �i t [il i°! 80310400017 ILLER ROBERT L&JANE otal Taxes: 52,317.68 e 1583 WELD CO RD 70 mount Due: $2,317.68 ATON, CO 80615 http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weidovr&Form... 2/25/2O02 C' • •!., • •• ` F 0013 MARY OANN OFEO 365 02/08/89 ERSTEINCLERK & RECORDER WELD CO, CO the Larimer and Weld Irrigation Company, 4 shares of the capital stock of the Windsor Reservoir and Canal Company, 8 shares of the capital stock of the Owl Creek Supply and Irrigation Company and 1 share of the capital stock of The Roberts Lateral Ditch Company and the proportionate share of water to which said land is entitled under the existing allotment for 150 acre feet from the Northern • Colorado Water Conservancy District • with all appurtenances, subject to reservations, restrictions,covenants and conditions of record, easements and rights of way of record or established cn the premises, the 1989 taxes payable in 1990 and a Deed of Trust to the Public Trustee of Weld County for the use of the Greeley National Bank recorded February 13, 1987 in Book 1146 under Reception No. 02088494 Weld County Record, RESERVING HOWEVER UNTO GRANTOR, an undivided one-half of all of the oil, gas and other minerals owned by the above-named .1w" decedent together er with the right of ingress and egress to explore ' for and remove the same. - Executedt. . 1989. Robert Keyes Personal Representative of he Estate of Virginia M. Winberg, deceased Tj STATE OF COLORADO 3 COUNTY OF WELD 3 ss. ' The for &going instrument was acknowledged before me `;' Al&.'.E � -day of -°- dirt Ys nax••,Representative of the Estate of Virginia t L.Winber be�aee2}• ''. Witness my Keyes as j`s}r �: hand and official seal. g. F : m f i C c C MY comm ission i it-Lin ssion expires: —( t_C� U of co c . Not Public • ; AR2170365 B 1224 REC O • F 0012 MARY FEUERSTEIN/CLERR89 Si2RECORDER WELD CO,6 $6.00 /002 CO DEED OF DISTRIBUTION BY • PERSONAL REPRESENTATIVE (TESTATE ESTATE) ° THIS DEED is made by Robert L . Keyes as Personal Representative of the Estate of Virginia M. Winberg, deceased, Grantor, to Robert L. Miller and Jane Miller as joint tenants . a .,0 whose address is 21583 Weld County Road 70, Eaton, Colorado 80615, Grantees. • s % WHEREAS, the above-named decedent in her lifetime made and ,9 cf P executed her Last Will and Testament dated September e tember 8, 1988, which Will was duly admitted to informal probate on December 29, 1988, by the District Court in and for the County of Weld, and " State of Colorado, Probate No. 88 PR 338; .; WHEREAS, Grantor was duly appointed Personal Representative 1 of said Estate on December 29, 1988, and is now qualified and acting in said capacity; and a WHEREAS, the Grantees are determined to be the �, t' persons: , entitled to distribution of the hereinafter-described real • • property, and Grantor is authorized and directed to distribute the same to Grantees; NOW, THEREFORE, pursuant to the powers conferred upon Grantor by Article 12, Sections 711 and 907 of the Colorado Probate Code, Grantor sells, conveys, onveYs, •2 assigns, • transfers, and:t, releases to Grantees in joint tenancy the following real property in Weld County, Colorado; • The SE 1/4 of Section 10, } • Range 65 West of Township together p 6 North, e all water, ditch and lateral rights thereunto belonging or used in connection therewith including 4 shares of the capital stock of i f . 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