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HomeMy WebLinkAbout810598.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 512 - DORIS DUNNING. 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 of Weld County, Colorado, at a public meeting held on the 19th day of August, 1981 in the Chambers of the Board, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 512, being the property of Doris Dunning, described as part of Section 32, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Lot 2 of amended exemption of recorded exemption No. 1471-32-4-RE59, being a part of the East one-half of the Southeast one-quarter of Section 32 , Township 1 North, Range 66 West of the 6th Principal Meridan, 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, and WHEREAS, the Board of County Commissioners finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definitations of "subivision" and "subdivided land" pursuant to its authority under Colorado Statutes and Section 2-1A(3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the hereinabove described parcel of land owned by Dois Dunning, be and hereby is, exempt from the terms "subdivis- ion" and "subdivided land" . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D, 1981. C 010598 Page 2 RE 512 - DORIS DUNNING BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (Aye) uck Carlso , Chairman ABSENT DATE SIGNED (Aye) Norman Carlson, Pro Tern l 4 ty (Aye) C. W. Kirby / 7 (Aye) J P. Martin Na ) ne K. Ste nmark ATTEST: tgA44 etriuu`Q(n`r Weld County Clerk and Recorder and Clerk to the Board (&%2& eputy County Clerk APPROVED AS TO FORM: r/ Coudty Attorney DATE PRESENTED: AUGUST 24, 1981 810598 DEPARTMENT OF PLANNING SERVICES Ir,\ PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. August 17, 1981 COLORADO Board of County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #512 Dear Commissioners: The attached application, plat and related items are in reference to a request from Doris Dunning for approval of a Recorded Exemption. The property under consideration is described as part of the SE4, Section 32, T1N, R66W of thel6tl P.M. , Weld County, Colorado. This property is located 1 mile northa"ciE of Brighton. The property contains approxi- mately 10 acres. The request is to divide the property into parcels of 7.5 and 2.5 acres more or less. On June 10, 1981, the Board of County Commissioners approved a request for the Lot Size Variance so that application could be made for this recorded exemption. At the time the Board made the decision on that request, the Department of Planning Service's staff submitted a letter of recommendation for denial to the Board. A copy of the recommendation letter is included in the attached materials. Nothing has been received by our office which would change our recommendation of denial for this request as outlined in the letter to the Board dated June 3, 1981. Respectfully, \\ox,x, Thomas E. Honn '—\' Zoning Administrator TEH:rjg 81.0598 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . Re 512 APPL . FEE We") ZONING DISTRICT P1/4 RECORDING FEE r.. °435tf DATE 7- 2S RECEIPT NO . UBYO APPL . CHECKED BY .7O14 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 : deices 76), i q7'/- 3.2- '- TPP S 9, gz, itS .21 4 1 e ACREAGE : Lot "A" 7, ,5 ; Lot "8" 2 e ; Total 70 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No ..)<" Are there any existing improvements on Lot A? Yes /- No Lot B? Yes No x _ FEE OWNERS OF PROPERTY : Name: japad,r�anizei Addressj3y,5adattle o2yLPhonerc9-ilib7 Name : Address Phone Name : Address Phone WATER SOURCE FOR : Lot "A" t2 ; Lot "B" -// P TYPE OF SEWER FOR : Lot "A" Cep ; Lot "B" rp/, c k rCC CY PROPOSED USE FOR : Lot "A" RFS J a0('//1CC' ; Lot "B" 8(0S/ dew( e 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, y knowledge . COUNTY OF WELD ) /� �^iL;?f/�� STATE OF COLORADO ) ✓ Y. 2/ ( r "tfr Signature Owner or Authorizedent Subscribed and sworn to before me this 1_7— day of , 19V1 . 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'7 R 7"F _ 3 ,..-.74.--,,,...-.rr,4 h 11 g z k r i ..r.Sao ;If`9fG�t�i �"� -r .- t C� ' T 15,.1--v"" °� .r`'s lit rff—�.. {,,7 -r te••• r-- • j�7; . k 6. -,-15. ;_„:„.:??., ,-; 3-Gv.,.its" •-s •roc _ —a: roe l• r30 i R" n i -_- if �y 1 (, a� f '..24uw fJt` fi di RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 128 - DORIS DUNNING 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 of Weld County, Colorado, has determined at a public meeting held on the 10th day of June, 1981 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain tract of land is owned by Doris Dunning, which land is more particularly described as follows: That part of the East one-half Southeast one- - quarter of Section 32 , Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, described as : Beginning at the Southeast Corner said Section 32; thence N00°00 ' 00"E on an assumed bearing along the East line said East one-half Southeast one-quarter a distance of 1815. 00 feet to the true point of beginning; thence S89°44 ' 40"W parallel with the South line said East one-half Southeast one-quarter a distance of 1325. 63 feet to a point on the West line said East one-half Southeast one-quarter; thence N00°07 ' 20"W along said West line a distance of 825 . 70 feet to the Northwest corner said East one-half Southeast one-quarter; thence N89°38 ' 10"E along the North line said East one-half Southeast one-quarter a distance of 1327 . 57 feet to the Northeast corner said East one-half Southeast one-quarter; thence S00°00 ' 00"W along the East line said East one-half Southeast one-quarter a distance of 828 . 23 feet to the true point of beginning. Except ROW for the Fulton Ditch as now constructed contains 24 . 879 acres more or less. WHEREAS , the owner of said tract of land desires to obtain a variance from the minimum lot size requirement so that said applicant may apply for a recorded exemption, as set forth in Section 9-A.A (6) of the Subdivision Regulations , and WHEREAS , the Board of County Commissioners of Weld County , Colorado feels that the applicant has shown good cause for granting a lot size variance under Section 9-4 .A. (6) of the Weld County Subdivision Regulations. 810598 )( te 4,j J J r Page 2 / RE: APPROVAL OF LOT SIZE VARIANCE NO. 128 - DORIS DUNNING NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that a variance from lot size requirements be, and hereby is, granted to Doris Dunning for the above described parcel of land. The above and foregoing Resolutions was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS WEL UNTY, COLO DO (�_``Faye) ck Carlson; Chairman (Aye) Norman/y'Carlsen, Pro-Tem �` I 2 y ` (Nay) C. W. Kirby / e-i-2‹., (AYe) T. Martin ) ,i "} ,J une K. St inmark •-________1 ATTEST: i.- -'1- '-' 1 ., . . . . _ 0 Weld County Clerk and Recorder and Clerk to the Board7-m BY: i' ,,-„ • , , ,CA S__,./.."--,, ✓I.,_, 7-'--, Deputy County Clerk APP-ROD AS TO /FORM: County Attorney ./,N,' n+ A`YI V ti Y l P10598 DATE PRESENTED : JUNE 15 , 1931 ✓ EPARTMENT OF PLANNING SERVICES PHONE(3031356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 June 3, 1981 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Lot Size Variance #138:81:6 — Doris L. Dunning Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance from Doris Dunning. The property on which this request has been made is described as Lot 2, Re 59, part of the El SE', Section 32, T1N, R66W of the 6th P.M. , Weld County, Colorado. This property is located approximately one mile east of Brighton. The property under consideration contains approximately 10 acres of class II, IV and VI soils. The request is to obtain a variance from the minimum lot size requirement, Section 9-4 A. (6) of the Weld County Subdivision Regulations, so that Mrs. Dunning may make application for a recorded exempiton. The applicant wishes to divide the property to provide a homesite for someone who will be able to assist in taking care of the property. The Department of Planning Service' s staff recommends denial of the request for the following reasons: 1. It is the opinion of the Department of Planning Service's staff that the request conflicts with the Weld County Comprehensive Plan policies, the intent of the recorded exemption procedure and the intent of the Agricultural District. The proposed division would appear to encourage urban uses in a predominately agricultural area without allowing for desirable orderly expansion from an adjacent community. 2. The original exemption was granted in June of 1973, prior to adoption of the Comprehensive Plan. It is the feeling of the Department of Planning Service's staff that the re— quest has potential to encourage resubdivision of recorded exemptions in the County. The staff feels this type of subdivision is an evasion of proper application of the subdivision regulations. 810598 JO 10 Board of County Commissioners June 2, 1981 Page 2 3. It would appear the applicant may have a medical hardship qualification, which if accepted by the Board would better serve the policies of the County. The medical hardship provision in the Weld County Zoning Resolution allows for a mobile home to be located on the property for occupancy by someone to assist the resident with a hardship. The Department of Planning Services staff would like to advise the Board that the city of Brighton found no objectipn to this request. The property is located within a projected low density area. The staff concern, however, is whether this request is timely as applied to the plan. • Respectfully, Allen Jost, Sr. Planner AJ:rg 81 0598 RECORDING DATA r MAPS & PLA Recorded Exemption 1471-32-4-RE512 A NAME OF SUBDIVISION Doris L Dunning p - a NAMF OF SUBDIVIDER - — Lot 2 of amended exemption of Rec Ex #1471-32-4-RE59, being part OrATION OF SUBDIVISION Section of the East one-half of the Southeast one-quarter ti rr ofS , o32 n , rado 'I ficS ip ort , ange est o t e t 1S68150 DATE OF RECORDING "SE_981 BOOK 946 RECEPTION M MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY: DEPUTY COUNTY CLERK 6 RECORDER el-0598 Hello