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HomeMy WebLinkAbout830828.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 645 - THOMAS AND DEBORAH JENKINS 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 was determined by the Board of County Commis- sioners, at a public meeting held in the Chambers of the Board, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 645, having been requested by Thomas and Deborah Jenkins, described as Part of the SW4, Section 32, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicants and known as Exhibit "A" , said plat to be recorded, 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 , this request is to divide the property into parcels of 20 acres and 5 acres, more or less, in order to allow the applicants to sell the 5 acre parcel and build a residence on the larger parcel. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the applicant submitting 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 9-2C. (4) of the Weld County Subdivision Regulations and shall be submitted within 90 days from the date of approval by the Board of County Commissioners. fp: Div Tit.- � �� ec: 4,,c- /' 830828 Page 2 RE: RE #645 - JENKINS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D. , 1983 . �] BOARD OF COUNTY COMMISSIONERS ATTEST: I l:(/V„+ � L'Yi WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING AYE and Clerk to the Board Chuck Carlson, Chairman —{J By'LQEXCUSED DATE OF SIGNING AYE By' l ipu��(���0 A-6,-- Deputy County Clerk John T. Martin, Pro-Tem APPROVED AS TO FORM: Gene R. Brantner "' County Attorney Norman Carlson Ja que ,' ne J h, son DAY FILE: November 21 , 1983 830623 • DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT. 400 91515 10th STREET GREELEY, COLORADO 80631 I ige \ , COLORADO - November 16, 1983 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #645 Dear Commissioners: The attached application, plat and related items are in reference to a request from Thomas and Deborah Jenkins for a recorded exemption. The parcel of land on which this request is being made is described as Pt. SW11, Section 32, T1N, R68W of the 6th P.M. , Weld County, Colorado. The property is located adjacent and east of Erie on Weld County Road 3. The property contains approximately 25 acres of Class IVe and VIe nonirrigated soils. The request is to divide the property into parcels of 20 acres and 5 acres, more or less. Mr. and Mrs. Jenkins would like to sell a five acre parcel in order to finance a smaller home on the remaining 20 acres. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be approved for the following reasons: 1. The request complies with Section 9-2C. of the Weld County Subdivision Regulations submission requirements; and 2. The proposal was reviewed by the City of Erie and was approved by their planning commission. - The 25 acres, more or less, under consideration will allow uses which are consistent with the intent clause of the Agricultural Zone District. The uses will be compatible with existing surrounding uses. - The proposal was reviewed by the city of Erie and was approved by their planning commission. 830828 Board of County Commissioners Page 2 - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan. Therefore, the proposed use is consistent with efficient and orderly development. - The proposal does not exist in an overlay district area. - The proposed lots meet minimum lot size requirements for land division. - The Colorado Division of Water Resources can issue a new permit for the proposed 20 acre tract providing the applicants are willing to accept the following conditions: 1. Additional well permits for future splits of either proposed tract A or B shall not be available as this is a one-time exemption by the Colorado Division of Water Resources. 2. The well permit which will be available for the larger lot shall be limited to use inside one (1) single-family dwelling only. Outside use for lawn and garden irrigation or livestock is prohibited. 3. The applicant shall provide proof that an evaporative wastewater system will not be required prior to the issuance of a well permit for the proposed twenty (20) acre parcel. 4. Statements 1 through 3 shall appear on the recorded mylar plat. - The proposed lots are not part of a recorded exemption within the last five (5) years. - The two lots proposed will have adequate access from Weld County Road 3. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. 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 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board of County Commissioners. Respectfully, Michael S. Mullen Current Planner 8300828 FIELD CHECK FILING NUMBER: RE 645 DATE OF INSPECTION: 10-26-83 NAME: Thomas and Deborah Jenkins REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt. of the SW-1/4, Section 32, Township 1 North, Range 68 West of 6th P.M. LAND USE: N Residence E Pasture, Cropland $ Cropland, Commercial Property (construction shop and offices) W Cropland, Erie Airpark, Water Tank, Residence ZONING: N Agricultural LOCATION: Adjacent and east of the Erie City E Agricultural limits; east of Weld County Road 3 and north S C-3 of Weld County Road 2 W Agricultural & City of Erie COMMENTS: Site slopes to the north. There is one residence on the proposed Lot A. Access is from Weld County Road 3, a dirt road. r BY: , n.,o, ��� rf ames R. Mayer3.� rent Planner 830828 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext. 400n Department of Planning Services , 915 10th Street , Gree , lloYaP FOR PLANNING DEPARTMENT USE ONLY : A P P L . F E E gSy�1iPCo. Planning Commission CASE NO . g E e`i.S RECORDING FEE f.o o ZONING DISTRICT /11 RECEIPT NO . / 3o 51 V- 5732 DATE .•11 APPL . CHECKED BY A SM 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 : The North 330 feet of the SW 4, and the NW 4 of the SW 4 except the North 825 feet thereof, all in Section 32, Township 1 North, Range 68 West of the 6th P. M. , TOTAL ACREAGE : 25 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X FEE OWNERS OF PROPERTY : Name: Thomas H, & Deborah K. Jenkins Address : 250 Weld Cty Rd 3, Erie Co. 80516 Phone : 666-5296 Name : Address : Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel WELL Smaller Parcel WELL TYPE OF SEWER : Larger Parcel SEPTIC Smaller Parcel SEPTIC PROPOSED USE : Larger Parcel SINGLE DWEL Smaller Parcel SINGLE DWELLING ACREAGE : Larger Parcel 20 Smaller Parcel 5 EXISTING DWELLINGS : ( Yes or No ) NO (Yes or No ) YES 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 . COUNTY OF WELD STATE OF COLORADO ) Signature : r or Authorized Agent Sub cri bed and sworn to before me this day of Q(? '6 u {,V ( SEAL ) N-�aK C 0l�•_ l l___av._._ . -- Q.. Yul� STATE BANK 605 4th Street QF� - "_art Lupton, Celnrado 80621 M Commission expires : • 8J0828 Thomas H. and Deborah K. Jenkins 250 Weld County Road 3 Erie, Colorado 80516 October 12, 1983 Department of Planning Services 915 10th Street Greeley, Colorado Dear Planning Department: We have now lived in our present home in Weld County three years and love it. We have four children who attend the Erie St Vrain Schools and are very pleased with the system. Due to our family's economic condition at present we had tried to see our present home on 25 acres and found it was priced out of market range. We are doing everything possible to save our presnt home and stay in the area. Our neighbors suggested that we split the land and then rebuild on the remainder of the property. We would like to split off approximately 5 acres that our present home is located, sell it and rebuild a smaller home on the 20 remaining acres. We have conversed with several of our neighbors in regard to spliting our land and no one was apposed to this in any way. Due to this land being close to the Erie Air Park and most of this area is residential we feel spliting the land would be consistent with the area. We do plan on building a smaller home but it would be compatible to those homes around us. We also plan to make this a solar home to save energy. We have checked with Colorado Division of Water Resources and at this time they advised us that another permit should be acceptable for this proposed land. Our main purpose is to stay in the area that we like so much. This would relieve us of much of the financial stress and make it possible to sell our home. At present were wourking so much overtime to hope to meet our bills it is hard to enjoy our home and family. Thanks for your time on this. Since y, a Thomas H. Jenkins Deborah K. Jenkins 80828 1 8Z80CR I SL , r4t 0 4. 1 ... -7.,,. <--NJ W Ai CO 0 0 a ,N oo • II M O to Wr g M �m h I h s 4 )•-• I O VI J w of I (er— rj— Iri: 1.1.-Cr----j) ---• I h I 3 Q W,3 o o ib zEs of ? ink. d ,S6£ C ,00S i £4,L6Y0N AAN h0 own 1- I. w � oi"t I W J h2, • , • j{ ro A\ i t r . ICY . . \ q - it Y a : ' „ice q • .. � X* :. �E AX�H M4� {f �_. 6 4F . +,1 '. s - , 5J ' •'salt M�`�V+\III\ tiv .� C 1 t / am •a 1t,( T2. ,� `yy t`c aS .`. a 1 °} �..3?5�T t•,- t" r:l.w X '�J x Or.,. Y / 'Sy y y^' i iiR Sf J Y R,f. +."///is.' Y., \ \ » y x }` l \ {i i; Ser ' 4P+ 4\ I! " 4 5/ T" fiY;+',+ ,w,wrn.t�.ra. ' r r 'f+: k "a.'{ i°E h:, ti h.,•,.•' i 74 r�Y* ` AI '+r» 1 w t ` t W� !,n �'.,R, sk 1.t 't b shy„ ( ' '-•y. . • g,atm4 #h>"f .. '..`;',..,• 1�� v { t • h yl+ /t''x • ii wd 1. Y :...� r {{ .K u i^ k C+`i. � i t ' ,iy; �,.. Ty ti, -' ° -.,. i 9'*�wr• I 'x}'/Y • a'rx >.yl' tt ,:�•a »T4 .,t``� • 36 ;4, 1 xj \32 f t K t. CR*I Y - 1 alii ,p ' !fri ft 1 ; x r .- 3 r {'.,r�•'�' ; ,. 4` v. 3y .-'. xPI'li.7'1\aCi ` ° 308 LEGAL DESCRIPTION �\ . S1/4-04 �e.c. °3a.:C \ N.- CASE NO. �� • CsA$ 'Z-(°'ci \``1 %k ♦v % j^d , 6 , 36 1 ' ‘V` a A 67 1* 36 36.8 �� 32 v 66 6766 t 67 AO I. .Ar _ .. . `0- .lx. . ADAMIWUNTY .�; 6 SOIL CLASSIFICATION SOIL NO. IRRIGATED NON-IRRIGATED PRIME - e Nk a (.0 Co -3-Si.e.- Th_1.,t=. Es Call -IT,t' -ZZe__ `tes REFERRAL LIST APPLICANT: Thomas H. and Deborah K. Jenkins CASE NUMBER: RE 645 SENT REFERRALS OUT: 10-19-83 REFERRALS TO BE RECEIVED BY 11-10-83 U3 m z m O N O H Q M F 6 z W it {� ({AxAD7 W £ it O U O W+ O UFO• Z W C�,.r).7O W U Z ai PS Z Z r4 0 N r4 Z County Attorney (plat only) Bonnie Ried Town of Erie ,---. Weld County Health Department P.O. Box 98 Erie, Colorado 80516 Engineering Department 447-0970 County Extension Agent Colorado Geological Survey 1313 Sherman Street _ Room 703 Denver, Colorado 80203 I J _ State Engineer X Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 830828 RICHARD D. LAMM F � ...., � � JERIS A.DANIELSON Governor I',' I State Engineer 1443H * *% *Isis • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 November 1, 1983 Mr. Michael S. Mullen Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Jenkins Exemption, #RE-654 Dear Mr. Mullen: We have reviewed the above named proposal to separate five acres with an existing well from a 25-acre tract. The applicants seek a new well for the 20 acre tract to be created. We could issue an additional household use only well for the proposed 20-acre tract. Therefore, we could recommend approval provided the limita- tions of a household use only well are acceptable to the applicants and/or prospective purchasers. The availability of a well permit and our recommenda- tion for approval is subject to the following conditions: 1. The property has not been previously subdivided or exempted since 1972. We consider this as a one-time exemption and will not make additional permits available for future splits of either tract. 2. The well permit which will be available will be limited to use inside one single-family dwelling only. Outside use for lawn and garden irrigation or livestock is prohibited. Plat notes and covenants should reflect this limitation. 3. The applicant should provide proof that an evaporative wastewater system will not be required. We could not issue the well permit if any evaporative system is required. 4. Prospective lot purchasers should be made aware of the limitations on water use and other information contained in this letter. We recom- mend that a copy of this letter be given to lot purchasers and sub- mitted with the well permit application. 830828 Mr. Michael S. Mullen Page 2 November 1, 1983 Please let us know if you have any questions. Sincerely, Hal D. Simpson, P.E. Assistant State Engineer HDS/KCK:ma cc: Jim Clark, Div. Eng. Dewayne Schroeder l r�rf1 • i. NOV 7' 1983 Weld Co. Planning Commission 830828 K RECORDED EXEMPTION NO . I467-32-3-RE-645 Tz.,v. g30, . s),/4 s v N and &e .V)V4S) ,ere.cor use D O 4%, e5 elect a//.i' N s Oco >✓., )1/ W : E (,Exer,or z1i-e )shsr Sot of. treo7 > D \Q, Wl '•eke• c.32r/4 ,4.8W I O % fx.a95,ck.Ci g/69,a,zs to/se S >1 i✓2 0-,X,90 c °�-ige-.8i9.Pfthe- 1.1 y..o i o �E7=.L9* 973 ' .� `1 L c,<4 Bzn. ' `.v�✓q.Okiil n J c "' s S'B9'47.0;� —/4 /247. 73—x x a - • lk ZAlyFew_ a I st E .lC✓NLL t ZorB ' w, �k _ 8 ..r,� r •Y�7rslo \ c C7 �S'�`7?0--4o w E ,VM'9oioDv 1� N1 ,�OT c *Lagswksim I n t � 8 Q eDI c l A ttlo stl le ` r l) ate Be sw,,s ' U R � 29/. /o ,) x ,. a 7512 F_ SVeasPA/WAnsiace•32, ,COr�Q= 3234,�. s 77 /. .QoB // ,Lor a= 2/ 2as,Q��s� ,Ex '1� .Q.E c.Q.?�GfTf 77T792. / ,B = 2.1-1-W.�•P,Es 4/ A I .1_, / ' 32,,,,,, �' - - £494c: /crow ' ilit�C •- • �o'B )/C/N/TY SC' VI •M di 4 �o, u 2�� �. OS 830828 9 k/..„ C'o. �� // .0,9!79�. 4."74-4V-4.Pa. �.9,E,/Oi geso BY' ,Q:4P,cs igsscc. ..:.r c-.4 .e-a a7B gst cer2o/2 I RECORDED EXEMPTION NO . I467-32-3-RE-645 LEGAL DESCRIPTION e t4 g. Y The North 330 feet of the Southwest dhe-quarter of the Southwest one- quarter, EXCEPT the West 30.00 feet thereof and the Northwest one-quarter of the Southwest one-quarter, EXCEPT the North 825 feet thereof and EXCEPT the West 30.00 feet thereof, all in Section 32, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. Contains 24.439 acres, more or less, excluding a strip of ground 30 feet in width along the West line of the West one-half Southwest one- quarter Section 32, reserved for County road Right-of-Way purposes and is subject to any Rights-of-Way or other easements as recorded by instruments of record or as now existing on said described parcel of land. Basis for Bearings - The West line of the West one-half Southwest one-quarter Section 32, assumed to bear NOO°00'05"E. f SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my supervi ` 'f I. that the same is correct to the best of my knowledge and belt v - ..h e� a4 1� Ray nd W. Bay r2,11c. rz; Reg. L.S. No. 6973 t,{ '.►��1 4$ We, the undersigned, being the sole owners in fee of the above d :, ! »°� scribed property do hereby subdivide the same as shown on the atta map.S/fr 7 400• Liar zedeltiO Thomas H. ins Deborah K. Jenk. The fore oing cerification was acknowledged before me this ?g. day of O, , Qt A.D., 191 My Commission Expires: / ? 3-n .i / Notary Public: fl.op.: - ( 2 iWitness my Hand andaa zeo ,Ve Rt. fa , 2-fi�A-vtc'/o ate 2G The accompanying plat is accepted and approved for filing. y I1 G. /! 4)rice s,., i 'z...... I v • 5 ry CHAIRMAN OF 1HE BOARD OF COUNTY COMMISSSIONERS • •_ ATTEST: County Clerk w `2 M - B.f-1 ..2‘.4..� C,, e.J NOTE: Date r /3, ISM/ 1. Additional well permits tor future splits of either proposed tract A or B shall not be available as this is a one-time exemption by the Colorado Division of Water Resources. 2. The well permit which will he available for the larger lot shall be limited to use inside one (1) single-family dwelling only. Outside use for lawn and garden irrigation or livestock is prohibited. Sheet 1 of 2 3. The applicant shall provide proof that an evaporative 830528 wastewater system will not be required prior to the issuance of a well permit for the proposed twenty (20) acre parcel. Fie "`.mot-/.lam-207.,8 Hello