HomeMy WebLinkAbout20051108.tiff HEARING CERTIFICATION
DOCKET NO. 2005-28
RE: RESUBDIVISION, RS #1086, FOR THE VACATION OF ONE (1) LOT FROM THE
LUPTON MEADOWS LAND COMPANY SUBDIVISION - DARRELL AND NELVA
BEARSON
A public hearing was conducted on April 6, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Pam Smith
Public Works representative, Peter Schei
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 18,2005,and duly published March 23,2005,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Darrell and
Nelva Bearson for a Resubdivision, RS #1086, for the Vacation of one (1) lot from the Lupton
Meadows Land Company Subdivision. Lee Morrison,Assistant County Attorney,made this a matter
of record. Chair Jerke advised the applicant's representative, Kirk Goble,that he has the option of
continuing this matter to a date when the full Board will be present. However, if he decides to
proceed today, it will require three affirmative votes,or in the case of a tie vote,Commissioner Long
will listen to the record and make the determining vote. Mr.Goble indicated he would like to proceed
today.
Jacqueline Hatch,Department of Planning Services,presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. She
gave a brief description of the location of the lot to be vacated, and stated the northern portion is
currently being mined under Use by Special Review Permit#915. She stated this application will
allow the lot to be divided through the Recorded Exemption process,and the Resubdivision will have
no effect on the mining operation. Ms. Hatch stated nine referral agencies reviewed this proposal,
four indicated no conflict,four provided comments that have been addressed in the Conditions of
Approval and Development Standards,and the Meadow Island Ditch#1 Company did not respond.
Ms. Hatch stated the Lupton Meadows Land Company Subdivision, Division 3,was recorded on
June 12, 1909,and later replatted on December 3, 1996. She stated there is a total of 55 lots zoned
A (Agricultural), which do not comply with urban scale subdivision regulations because they are
serviced by individual wells and septic systems and utilized their own individual accesses onto Weld
County roads. Responding to Chair Jerke, Ms. Hatch stated Lot 8 is 58 acres, and she indicated
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HEARING CERTIFICATION - DARRELL AND NELVA BEARSON (RS#1086)
PAGE 2
the location of the mining operation which is on the northern half of the lot. She further stated the
Recorded Exemption process is contingent upon approval of this Resubdivision request.
Pam Smith, Department of Public Health and Environment, stated there is a well on the southern
portion of the lot, as well as a septic system which was permitted in 1996.
Peter Schei, Department of Public Works, stated he has no comments and is available to answer
questions. Responding to ChairJerke,Ms. Hatch indicated the Recorded Exemption will divide off
a small portion to the south where the existing house is located. Responding further to Chair Jerke,
Mr. Schei stated the residence is accessed from Weld County Road 18, and the northern mining
site is accessed by crossing a property to the north. Don Carroll, Department of Public Works,
stated the haul route for the Bearson Pit is across the Bearson property to the north, onto Weld
County Road 25, and then either north or south. Responding to Commissioner Vaad, Mr. Carroll
stated he is uncertain whether the land is owned by the applicants or if there is an easement to
cross the northern parcel.
Mr. Goble stated there is a 20-foot strip that connects to the mining cells. He stated there is a
recorded access easement from Weld County Road 25 across the Bearson property. He stated
the South Platte Supply Canal divides the residence to the south from the remainder of the lot. He
stated the Canal was constructed by the Corps of Engineers prior to August 30, 1972; however,the
applicants do not have adequate documentation. He stated there is no physical connection from
the north to the south, it would be too expensive to bridge the canal, and dividing the lot will not
create any enclaves. He stated the applicants felt it would be best to vacate the lot in its entirety and
then split the lot through the Recorded Exemption process. He stated the Recorded Exemption has
been administratively approved;however, it is conditional upon the vacation of Lot 8. Responding
to Commissioner Vaad, Mr. Goble stated the Recorded Exemption would create a lot on the area
south of the canal. In response to Chair Jerke, Mr. Goble reiterated there is no bridge, the only
access to the mining operation is through the Bearson property to the north,and the applicants are
very willing to provide a legal,permanent access to Lot B. Responding to Commissioner Masden,
Mr. Goble stated the physical features on this property necessitate the proposed design, and he
estimated Lot A to be approximately 10 acres.
No public testimony was offered concerning this matter. Responding to Chair Jerke, Mr. Goble
stated he and the applicants agree with including a Condition requiring a permanent easement
extending from the existing easement to the pit entrance. Mr. Morrison stated the easement is for
nothing other than gravel operations,and he stated it is important to avoid the"Doctrine of Merger."
He explained the Doctrine of Merger states a person cannot create an easement for the benefit of
their own property,within their property, because all of the interest combines back into the overall
property right. He stated although it is a separate parcel, it is titled in the same name and he will
work with the applicant to ensure that the appropriate language is included. Responding to Chair
Jerke, Mr. Goble stated he and the applicant have reviewed and agree with the Conditions of
Approval as proposed and modified.
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PL1056
HEARING CERTIFICATION - DARRELL AND NELVA BEARSON (RS#1086)
PAGE 3
Commissioner Masden moved to approve the request of Darrell and Nelva Bearson for
Resubdivision, RS #1086, for the Vacation of Lot 8 from the Lupton Meadows Land Company
Subdivision,based on the recommendations of the Planning staff,with the Conditions of Approval
as entered into the record. His motion also included requiring a permanent access to the northern
portion of the Lot to be coordinated through the County Attorney's office. The motion was seconded
by Commissioner Geile,and it carried unanimously. There being no further discussion,the hearing
was completed at 10:45 a.m.
This Certification was approved on the 11th day of April 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
1 �a WELD COUNTY, COLORADO lialtAil r:II,, William Jerke, Chair
1861 r( ,.!'}r(c a"Dy
W d Clerk to the Board
Jli n • .
y , , M. J. Geile, Pro-Tern
Deputy Clerk to the Board EXCUSED
D 1d Lon
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DOCKET#2005-28
Glenn Vaa
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PL1056
EXHIBIT INVENTORY CONTROL SHEET
Case RS #1086 - DARRELL AND NELVA BEARSON
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF APRIL, 2005:
DOCKET#2005-28 - DARRELL AND NELVA BEARSON
DOCKET#2005-27 - DAVID AND SUSANNE SCHWIND
DOCKET#2005-23 -BARBARA SCHOTTELKOTTE
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