HomeMy WebLinkAbout810567.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 484 - WILLARD AND MARY
OPAL TROSTEL.
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 25th day of February, 1981, in the Chambers of the Board
of County Commissioners of Weld County, Colorado, that the divi-
sion into two parcels of land, as shown on the plat known as
Recorded Exemption No. 484 , being the property of Willard and
Mary Opal Trostel, described as part of the Southeast Quarter
of Section 35, Township 1 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado, being more particularly described as
follows, 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 (1) , CRS 1973 , as amended:
That part of the Southeast one-quarter of
Section 35, Township 1 North, Range 68 West
of the 6th Principal Meridian, Weld County,
Colorado, described as: Beginning at the
Southwest corner said Southeast one-quarter;
thence N00°00 ' 00"E on an assumed bearing
along the West line said Southeast one-
quarter a distance of 1797 . 00 feet to a
point; thence N87°53 ' 00"E, 130. 00 feet; thence
S39°04 ' 00"E, 449. 00 feet; thence S32°54 ' 00"E,
220 . 00 feet; thence S32°54 ' 00"W, 87. 00 feet;
thence S52°15 ' 00"E, 300. 00 feet; thence
S24°30' 00"E, 378 . 00 feet; thence S20°19 ' 00"W,
262. 00 feet; thence S73°45 ' 00"E, 317 . 50 feet;
thence N67°16 ' 00"E, 575 . 00 feet; thence
N17°06 ' 00"E, 206. 00 feet; thence N51°36 ' 00"W,
380. 67 feet to a point 982. 00 feet North of
the South line said Southeast one-quarter;
thence N89°43 ' 09"E parallel with said South
line a distance of 1259 . 29 feet to a point
on the East line said Southeast one-quarter;
thence S00°12 ' 56"E, along said East line a
distance of 445. 00 feet to the Northeast
corner of Lot A of the previously recorded
exemption of said Lot A; thence S89°43 ' 09"W
along the North line of said Lot A parallel
with the South line of said Southeast one-
quarter a distance of 217. 00 feet; thence
S00°12 ' 56"E parallel with said East line a
810567
distance of 360. 00 feet; thence N89°43 ' 09"E
parallel with said South line a distance of
217. 00 feet to a point on said East line;
thence S00°12 ' 56"E along said East line a
distance of 177 . 00 feet to the Southeast
corner said Southeast one-quarter; thence
589°43 ' 09"W along the South line said South-
east one-quarter a distance of 589 . 00 feet
to a point; thence N00°16 ' 51"W a distance of
155. 00 feet; thence S89°43 ' 09"W parallel with
the South line said Southeast one-quarter a
distance of 281. 00 feet; thence S00°16 ' 51"E
a distance of 155. 00 feet to a point on the
South line said Southeast one-quarter; thence
S89°43 ' 09"W along said South line a distance
of 1778 . 51 feet to the point of beginning.
Contains 54 . 758 Acres more or less.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado 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 definitions of "subdivision" and "subdivided land" , pursuant
to its authority under Section 30-28-101 (10) (d) , CRS 1973, as
amended, and Section 2-1A (3) of the Weld County Subdivision
Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colroado that the hereinabove described
parcel of land owned by Willard and Mary Opal Trostel be, and
hereby is, exempt from the definition of the terms "subdivision"
and "subdivided land" , pursuant to its authority under Section
30-28-101 (10) (d) , CRS 1973, as amended.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
February, A.D. , 1981.
a _ BOARD OF COUNTY COMMISSIONERS
ATTEST: ' ` "'' WELD OUNTY, C ORADO
Wel unty Clerk and Recorder -...„.,L7 (Aye)
and Cle k to the /B15-- Carlso ,, Chairman
cy: - a 7 - , (Aye)
-- _ uty Cou t - erk Norman Carlson, Pro-Tem
APPR ED AS TO FORM: / i�. L ' 1 (Aye)
C. Kirby
Q.‘%0 , ° .
County Attorney ,may % 211(740-t> (Aye)
T. Mart n �
2C/-/ ai17/2-W,,Z(Aye)
5-3 ne K. St inmark
810567
DATE PRESENTED: MARCH 2 , 1981
RECORDED EXEMPTICN NO. 1467-35-4-RE 484
LEGAL DESCRIPTICN: &^ 0 K lDll
That part of the Southeast one-quarter of Section 35, Township 1 North, Range 68
West of the 6th Principal Meridian, Weld County Colorado, described as: Beginning
at...the...Southwest corner said Southeast one-quarter; thence NOO°00'00"E on an assumed
bearing along the West line said Southeast one-quarter a distance of 1797.00 feet to
a point; thence N87`53'00"E, 130.00 feet; thence S39°04'00"E, 449.00 feet; thence
532°54100"E, 220.00 feet; thence S32°54'00"W, 87.00 feet; thence S52°15'00"E, 300.00
feet;; thence S24°30'00"E, 378.00 feet; thence 820°19'00"W, 262.00 feet; thence
-
S73°45'00"E, 317.50 feet;. thence N67°16'00"E, 575.00 feet; thence N17°06'00"E, 206.00
feet; thence NS1°36'00"W 380.67 feet to a point 982.00 feet North of the South line
said Southeast one-quarter; thence N89°43'09"E parallel with said South line a dis-
tance of 1259.29 feet to.a point on the East line said Southeast one-quarter; thence
S00°12'56"E, along said East line a distance of 445.00 feet to the Northeast corner
of Lot A of the previously recorded exemption of said Lot A; thence 589°43'09"W along
the North line of said Lot A parallel with the South line of siid Southeast one-quarter
a distance of 217.00 feet; thence S00°12'56"E parallel with said East line a distance
of 360.00 feet; thence N89-43'09"E parallel with said South line a distance of 217.00
feet to a point on said East line; thence S00'12'56"E along said East line a distance
of 177.00 feet to the Southeast corner said Southeast one-auarter; thence S89°43'09"W ! _
along the South line said Southeast one-quarter a distance of 589.00 feet to a point;
thence N00°16 '51_"W a distance of 155.00 feet; thence S89°43'09"W parallel with the
South line said Southeast one-quarter a distance of 281.00 feet; thence S00°16'51"E
a distance of 155.00 feet to a point on the South line said Southeast one-quarter,
thence S89'43 '09"[; along said South line a distance of 1778.51 feet to the point of
beginning. - -
Contains 54.758 Acres more or less.
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SURVEYGR'S CERTIFICATE: ,. la<.. C ii
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, o.N , .
I hereby certify that this plat was prepared under my supervision and /fi.latt;he ciame-J .`
is correct to the best cf my knowledge and belief. ii ,' # : ' O i9':
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4 &r
Reg. L.S. No. 6973
We, the undersigned, being the sole owners in fee of the above described property do
hereby subdivide the same as shown on the attached map.
P 440#
Wil rd W. rostel, Husband Ma y Opa T stel, Wife _ ., _ _e_
The foregoing certification was acknowledged before me this 3 day of *Jae
A.D. 1981
My Commission Expires U.14.. EIS , AV •
Re,at..lAQ. Om I.
Notary ublic
Witness my Hand and Seal.
The accompanying plat is accepted and approved for filing.tafigeaan of the B rd of County Commissioners ii—ATTEST: County Clerk • ' 4 ��,;�
..at,4:,
That � aDePub County C/erlE
Date „a— cI "/ .'
81056'7
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RECORDED EXEMPTION ,r0, 1467-35-4-RE484
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VICIn{ ITY i 'lAP
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DEPARTMENT OF PLANNING SERVICES
PHONE 1303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
CFebruary 25, 1981
O
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption RE-484
Dear Commissioners:
The attached application, plat, and related items are in reference to a
request from Willard and Mary Opal Trostel for a recorded exemption. The
parcel of land on which this request has been made is described as part
of the SEA, Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado.
This property is located 4 miles east of Erie Air Park on Baseline Road.
The property contains approximately 54.758 acres of Class II, III and VI
irrigated soils. The request is to split the property into parcels of
35.3 acres and 19.3 acres.
On December 17, 1980, the Board of County Commissioners approved a re-
quest by Willard and Mary Opal Trostel for a lot size variance so that
they could make application for this recorded exemption. At the time
they made the decision on that request, the Department of Planning Services
Staff submitted a letter of recommendation for denial to the Board. A
copy of that letter for denial is included in the attached packet.
Nothing has been received by our office that would change our recommenda-
tion for this request as outlined in the letter to the Board of County
Commissioners dated December 11, 1980. This request complies with the
provisions of Section 9-4 A. of the Weld County Subdivision Regulations.
Respectfully,
Vickie Traxler
Assistant Zoning Administrator
VT:rg
f21(1cg'7
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 k814 APPL . FEE e .o ,O O
ZONING DISTRICT A RECORDING FEE Atop 2.94
DATE `� -"3^ $\ RECEIPT NO . Ii(oa.'l,'
APPL . CHECKED BY 1/4/T
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 :
94. SLYq Se.c.}i e(. 35 `C ► N , Paw
ACREAGE : Lot "A" 35.380 ; Lot " B" 19.378 ; Total 54,758
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 x No
Lot B? Yes x No
FEE OWNERS OF PROPERTY :
Name : Willard and 14 Opal Prn¢tel Address 1.715 WA" R 2 Phone Lc52_$5Rn
Name : St Rrigrtnn, Coln_ Phone
Name: Ad res�s Phone
WATER SOURCE FOR: Lot "A" Mt_ View Water AaapcLot "B" same
TYPE OF SEWER FOR: Lot "A" septic ; Lot "B" same
PROPOSED USE FOR: Lot "A" Agriculture ; Lot "B" Same
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 )
Signa ur Cnr A� orize Agent
Subscribed and sworn to before me this day of A_.,),,,,„O,„\
SEAL o Fo v ooci
No ary Public `1
My Commission expires Feb. 13, 1981
My Commission expires :
810567
Brighton, Colorado
February 3, 1981
To the Weld County Commissioners,
My wife and I want to divide our farm into two p-rcels. There are 56
acres more or less in our farm.
We have a potential buyer for 35 acres with the principal house and
supporting buildings. With the remaining 21 acres which has an accessory
dwelling end we would plan on changing to the principal dwelling which would give
us a place to live. There will be no permits or changes from the present
use of these homes as they are used as residences now.
Some of the reasons I am wanting to divide are*
1. I have a potential buyer for 35 acres and main dwelling. Selling the
whole farm is difficult as most buyers do not have enough money to buy the
whole parcel. In making a division of the farm I believe I am more able to
sell.
2. As you can see by the map the division of the property is most suitable
divided in this manner. Each portion already has its own dwelling, water
and septic systems. Therefore we are not creating any new residences or
eliminating any agriculture uses.
3. We purchased this farm in 1951 and have lived and raised a family of
nine children on this farm and I can assure you we have had our ups and
downs. Working for Civil Service at Lowry Field in Denver, farming and with
the help of my wife and children we have provided all of our children with
a good life and the opportunity to receive as much education as they have desired.
At the present time we have one boy who has just befun his studies last fall
at CSU in Fort collins in the field of Agronomy. We also have an 18 year old
810567
daughter sho plans to enroll in Aims College next fall. We will be needing
money to help these children with their college expenses.
4. I worked for Civil Service for 23 years until they retired me 2 years
ago on a hearing disability. My hearing doctor, Dr. Edward Jacobson recommends
that I not be around or operate tractors or noisy equipment, therefore I must
give up most of my farming. Being an automotive mechanic I also gave up
my means of making a living due to the moisy shop environment. The money
that I receive from my disavility pension is not sufficient for my wife and
I to live on. This division will give me financial security and at the same
time the 21 acres and dwelling will give me a place to live and I will still
be able to raise cattle, hogs and pasture and continue my way of life as long
as possible.
5. This division will provide income in our old age by selling the 35 acre
portion. It has been my plan for many years to use this farm as an investment
for my old age. We have never had to rely on free aid and I don't plan to in
my old age. Therefore the division will give me the ability to live off of
my farm without utilization of any state or county social services. This farm
us free of debt and the income from the division will provide us with
security and a place for us to live in the community that has been our home
for 60 years. If I were forced to sell the whole farm I would have to relocate
and I do not desire to do this.
We hope you will give us every consideration in our endeavors to remain
self sufficient.
810567
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iRECORDED EXE':?PION NO. I467-35-4-RE484
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VICLPITYMAP
810567
35-hv6-35--a Sheet Z ale
g
RECORDED EXEMPTICN NO. 1467-35- 4-RE 484
LEGAL DESCRIPTION:
That part of the Southeast one-quarter of Section 35 , Township 1 North, Range 68
West of the 6th Principal Meridian, Weld County Colorado, described as: Beginning
at the Southwest corner said Southeast one-quarter; thence N00°00'00"E on an assumed
bearing along the West line said Southeast one-quarter a distance of 1797.00 feet to
a point; thence N87`53'00"E, 130.00 feet; thence S39`04'00"E, 449.00 feet; thence
532°54'00"E, 220.00 feet; thence S32°54'00TW, 87.00 feet; thence S52:15'00"E, 300.00
feet; thence S24`30'00"E, 378.00 feet; thence S20`19'00"W, 262.00 feet; thence
S73°45'00"E, 317.50 feet; thence N67`16'00"E, 575.00 feet; thence N17`06'00"E, 206.00
feet; thence N51°36'00"'W 380.67 feet to a point 982.00 feet North of the South line
said Southeast one-quarter; thence N89-43'09"E parallel with said South line a dis-
tance of 1259.29 feet to.a point on the East line said Southeast one-quarter; thence
500°12'56"E, along said East line a distance of 445.00 feet to the Northeast corner
of Lot A of the previously recorded exemption of said Lot A; thence S89°43 '09"W along
the North line of said Lot A parallel with the South line of siid Southeast one-quarter
a distance of 217.00 feet; thence S00`12'56"E parallel with said East line a distance
of 360.00 feet; thence N89°43'09"E parallel with said South line a distance of 217.00
feet to a point on said East line; thence S00°12'56"E along said East line a distance
of 177.00 feet to the Southeast corner said Southeast one-quarter; thence 589°43'09"W
along the South line said Southeast one-quarter a distance of 589.00 feet to a point;
thence N00°16' 51"W a distance of 155.00 feet; thence 589°43'09"W parallel with the
South line said Southeast one-quarter a distance of 281.00 feet; thence S00°16'51"E
a distance of 155.00 feet to a point on the South line said Southeast one-quarter;
thence 589°43'09"W along said South line a distance of 1778.51 feet to the point of
beginning.
Contains 54.758 Acres more or less.
t
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SURVEYOR'S CERTIFICATE:
_ � J
I hereby certify that this plat was prepared under my supervision and ",51t'9;hecgame "
is correct to the best of my knowledge and belief. ��,,/ L
�
:fi4'otQ ;
Reg. L.S. No. 6973
We, the undersigned, being the sole owners in fee of the above described property do
hereby subdivide the same as shown on the attached map.
��• l.1��W K/G/t
�pCI teI Wife
lJil rd W. rostel, Husband Ma y Op T stel, Wife
The foregoing certification was acknowledged before me this 3 day of 2EJL16,
A.D. 19131
My Commission Expires Ital.. let Vq$1
� U�KN 00 d1
` Notary ublic
Witness my Hand and Seal.
The accompanying plat is accepted and approved for filing.
Chairman of the Board of County Commissioners
ATTEST: County Clerk
By
Date
810567
35-/AM -352 Sheet / off' /
RESOLUTION
RE: APPROVAL OF LOT SIZE VARIANCE NO . 120: 80 : 17 - WILLARD AND
MARY OPAL TROSTEL.
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 has determined
at a public meeting held on the 17th day of December, 1980, in
the Chambers of the Board of County Commissioners of Weld County,
Colorado, that a certain tract of land is owned by Willard and
Mary Opal Trostel, which land is more particularly described
as follows:
Part of the Southeast Quarter of Section
35, Township 1 North, Range 68 West of
the 6th P.M. , Weld County, Colorado
WHEREAS, the owners of said tract of land desires to obtain
a variance from the minimum lot size requirement so that they may
make application for a recorded exemption, as set forth in Section
9-4 .A. (6) of the Weld County Subdivision Regulations, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado feels that the applicants have shown good cause for
granting a lot size variance under Section 9-4 .A. (6) of the Weld
County Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that a variance from lot size
requirements be, and hereby is , granted to Willard and Mary Opal
Trostel for the above described parcel of land.
The above and foregoing Resolution was, on motior:du3 e
and seconded, adopted by the following vote on the ,f-7th da 59f a
December, A.D. , 1980. ..,_c REGE1J ;•
We�dC '
'7171.4
, , BOARD OF COUNTY coMN ufft�f�ts y
�' , WELD COUNTY,
ATTEST: �/..l..'.c�. �iw.L �, COL << 1 y4.
W d County Clerk d Recorder 7/1 i - (Aye)
and lerk to the and C. W. Kirby, Chairman
BY: ' „ /,. • / ABSENT DATE SIGNED (Aye)
eputy Coun y Clerk / Leonard L. Roe, Pro-Tem
�‘RC/DV^ AS TO FORM: e �,� ��� (Aye)
\ y Norman Carlson
County Attorney Aye
L Dunbar
810567 C )(7.1 "e"- avt) ,Y Aye)
June K. Ste nmark
DEPARTMENT OF PLANNING SERVICE;
PHONE 1303) 3564000 EXT.40
915 10TH STREE
GREELEY,COLORADO 8063
12 real D-a- December 17, 1980
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Lot Size Variance #120:80: 17
Dear Commissioners:
The attached letter and related materials are in reference to a request
for a lot size variance from Willard and Mary Opal Trostel . The property
on which this request has been made is described as part of the SE*,
Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado. This
property is located 4 miles east of Erie Air Park on Baseline Road. The
property under consideration contains approximately 56 acres of irrigated
soils. The request is to obtain a variance from the minimum lot size re-
quirement, Section 9-4. A. (6) of the Weld County Subdivision Regulations,
so that the Trostels may make application for a recorded exemption. Mr.
and Mrs. Trostel wish to retire, sell their present home and 35 acres and
retain the 21 acres to build a new home. The new home would replace an
existing mobile home on the property which is now being used as a farm
labor mobile home.
Based upon the information submitted and the adopted policies in the County,
the Department of Planning Services Staff recommends this request be denied
for the following reasons:
I . It is the opinion of the Department of Planning Services Staff
that the proposal is not consistent with the intent clause of
the recorded exemption procedure. Said clause states:
"The intent in establishing the Recorded Exemption Pro-
cedure is to provide, in accordance with the Weld County
Comprehensive Plan, a means whereby nonproductive agricultural
lands may be developed for higher and more productive uses
insofar as such uses are compatible with surrounding agri-
cultural uses in areas where such land divisions are proposed."
The Plan urges residential development to be closely connected to
and served by municipal utilities, and towns should be encouraged
to service new developments within a reasonable service area from
the town. The Plan further indicates subdivision of land should
conform to Weld County land development goals and policies.810561
Board of County Commissioners
December 17, 1980
Page 2
2. It is the opinion of the staff that the proposal is not consistent
with the intent clause of the "A"Agricultural Zone District which
states:
"The intent in establishing the "A" Agricultural Zone
District is to allow all agricultural related uses in
those areas in which agriculture is and should continue
to be the predominant land use. This district is intended
to discourage encroachment of incompatible uses upon the
agricultural land in a district, to encourage agricultural
uses as the -highest and best use of the land in the dis-
trict as compared with other uses in conflict therewith,
and to provide for the orderly expansion of urban growth
in conformance with the Weld County Comprehensive Plan."
The parcel is not prime agricultural land because of past divi-
sions of land creating rural residential tracts. The nature of
the request is not, however, providing for the orderly expansion
of urban growth. Also, there is a great potential for resubdivi-
sion of the two parcels due to the small size of the proposed
parcels for agricultural purposes.
3. It is the opinion of the Department of Planning Services Staff
that in the vicinity of the proposed lot size variance, develop-
ment has reached a level where the continued division of parcels
would evade the intent of the Weld County Subdivision Regulations.
The applicants applied for and received a recorded exemption in
1974 to split off a two acre parcel . In 1979 a lot size variance .-
was applied for and denied by the Board on the two acre parcel .
Also, a one acre parcel was exempted previous to the adoption of
the Weld County Subdivision Regulations. The principal purposes
of the Subdivision Regulations of concern to the Department of
Planning Services Staff are as follows:
I . To assist orderly efficient and integrated development.
2. To promote the health, safety, and general welfare of
the residents.
3. To ensure conformance of land subdivision plans with the
public improvement plans of the County and its various
municipalities.
4. To encourage well planned subdivision by establishing
adequate standards for design and improvements.
5. To assure the planning for and provision of an adequate
and safe source of water and means of sewage disposal .
810567
Board of County Commissioners
December 17, 1980
Page 3
4. The minimum lot size in the Agricultural Zone District for
irriaged parcels in 80 acres and for nonirrigated parcels is
160 acres. The intent is to maintain tracts which are large
enough for farm purposes, and to assist in the encouragement
of agricultural uses as the highest and best use of the land.
This request is in conflict with that intent. By creating
tracts of 21 acres and 35 acres that are not self-sufficient
agricultural units, a great potential for resubdivision at a
future date is created.
Respectfully,
Vickie Traxler
Assistant Zoning Administrator
VT:rg
810567
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LEGAL DESCRIF `IONp SE- c c-/-/cS
CASE NO. /-?(E.: 484-
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
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810567
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RECORDING DATA - MAPS &
Recorded Exemption #1467-35-4-RE 484
NAME OF SUBDIVISION
NAME OF SUBDIVIDER Trostel _ -,.Wii _w_& Msry ()Apt -- —That part of the Southeast one-Quarter of Section 35, Township 1 North,
aan R 68 West of the 6th Principal Meridian 4 Weld Cou�ity CgLorado.
LOCATION �F SUBDIVISION g _ 1852139
MAR 121981 BooK 93°- RECEPTION #
DATE OF RECORDING
MARY ANN FEUERSTEIN
YIFL D COUNTY CLERK AND RECORDER
BY: P iY a.�Lr 4 t
DEPUTY COUNTY CLERK & RECORDER
810567
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