HomeMy WebLinkAbout20010200.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #2870 - ESTATE OF MARIE ETTER, C/O
HARROLD ETTER
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
admini ering the affairs of Weld County, Colorado, and
WH - AS, the Board; Cou Commissioners, pursuant to its authority under
Section 30-28- .1(10)(d), .S., did .'-termine at a public meeting held in the Chambers of
the Board, that a c ai •a .e • - •., to be divided into two parcels, as shown on the plat
known as Recorded empti en #2870, does not come within the purview of the definition of the
terms, "subdivision" an. "s .divided land," and
WHEREAS, the -q for ':corded Exemption #2870 was submitted by the Estate of
Marie Etter, do Harrold Etter, r',5 U . Highway 34, Windsor, Colorado 80550, for property
which is located in part of the /� of Section 30, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado, .eing ore s'rticularly described in the plat which shall
be provided by the applicant and kn. n - : Exhibit "A," said plat to be recorded, and
WHEREAS, this request is to diva a the a erty into parcels estimated to be
approximately 90 acres and 7 acres.
NOW, THEREFORE, BE IT RESOLVE• . e :oard o ounty Commissioners of
Weld County, Colorado, that the hereinabove des ib-. e 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 ' Zed Exemp •. '870 by the
Estate of Marie Etter, do Harrold Etter is, approved conditi. 'al . .on the ollowin :
1. A Weld County septic permit is required for any p •posed ho .-. The septic
system shall be installed according to the Weld Co n:ividual Sewage
Disposal System (I.S.D.S.) Regulations.
2. Prior to recording the plat:
A. The applicant shall submit evidence that each home - on a separate
legal water system. The North Weld County Water Di rict has been
notified that the three homes have been sharing one to . The applicant
shall provide to the Department of Planning Services sta f written
evidence of consent by all users/owners of such existing 40 foot joint
access and utility easement for use as access to both Lot A and Lot B.
B. Lot A shall use the existing residential access. No additional accesses
shall be granted. The minimum width of the flag pole access is 30 (thirty)
feet.
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2001-0200
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RE #2870 - ESTATE OF MARIE ETTER, C/O HARROLD ETTER
PAGE 2
C. Lot B shall use the existing agricultural/oil and gas/ditch road accesses
necessary for agricultural operations as no additional accesses shall be
granted.
D. All approved accesses shall be clearly shown on the plat.
E. Weld County Road 64.5 is designated on the Windsor Study Area
Capacity Improvement Needs as a collector road, which requires 80 feet
of right-of-way at full build out. There is presently 60 feet of right-of-way.
A total of 40 feet from the center line of Weld County Road 64.5 shall be
delineated as right-of-way reservation for future expansion of Weld
County Road 64.5. This road is maintained by Weld County.
F. Weld County Road 25 is designated on the Windsor Study Area Capacity
Improvement Needs as a paved rural 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 center line of Weld County Road 25 shall be
delineated on the plat as right-of-way. This road is maintained by Weld
County.
G. The applicant shall submit written evidence to the Weld County
Department of Planning Services verifying that the occupant of the mobile
home permitted by ZPMH #568, for a temporary accessory farm use, is
principally employed at, or engaged in, the farming operation on the
subject property in accordance with Section 23-4-170.A.1 of the Weld
County Code. The evidence shall consist of tax records, employment
agreements, or other documentation as determined suitable by the Weld
County Department of Planning Services. Failure to submit the required
documentation may result in the cessation of the allowance of the mobile
home for temporary accessory farm use.
H. Should it be deemed necessary to remove the mobile home permitted by
ZPMH #568, Lot A shall be reconfigured to omit the area containing the
mobile home.
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.
J. 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
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RE2870
RE #2870 - ESTATE OF MARIE ETTER, C/O HARROLD ETTER
PAGE 3
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 in accordance with the terms of
Section 23-6-10.C of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
3) All construction or improvements occurring in the flood plain, as
delineated on Federal Emergency Management Agency Firm
Community Panel Map 080266 0608 D, dated September 27,
1991, shall comply with the Flood Hazard Overlay District
requirements of Section 23-2-480 of the Weld County Code.
4) The installation of any septic system within the One Hundred Year
Flood Plain shall comply with the Weld County I.S.D.S. Flood
Plain Policy. In accordance with the State of Colorado I.S.D.S.
Regulations, no septic system shall be installed with in the
floodway.
5) 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 Lot designation and
Recorded Exemption number.
6) Prior to the release of building permits, the applicant shall submit
evidence to the Department of Planning Services that Lot B has
an adequate water supply of sufficient quality, quantity and
dependability.
7) 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 of the Weld County Code.
8) All mobile homes as accessory farm uses are temporary.
Allowance of the mobile homes shall be extended only if the use
continues to be in conformance with the criteria established in
Section 23-4-170.A of the Weld County Code. The mobile homes
shall be removed from the property if the mobile home cannot be
legally permitted for an approved use as listed in Section 23-4-
170.A of the Weld County Code.
2001-0200
RE2870
RE #2870 - ESTATE OF MARIE ETTER, C/O HARROLD ETTER
PAGE 4
9) Effective December 1, 1999, Building Permits issued on the
proposed lots will be required to adhere to the fee structure of the
Windsor Service Area Road Impact Program.
10) The text of the Right to Farm Covenant as written in Appendix
22-E of the Weld County Code.
11) A Non-Conforming Use exists on Lot A. The repair shop and
mobile homes are documented in the Department of Planning
Services Non-Conforming Use file #32. The Non-Conforming Use
must follow the regulations listed in Section 23-7-40 of the Weld
County Code.
12) The two mobile homes (one of which is residential) without
permits are part of the Non-Conforming Use. Replacement of the
mobile homes will only be allowed by permitting the structures
through required procedures in effect at the time.
3. The applicant shall submit a Mylar plat to the Weld County Department of
Planning Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall be prepared in accordance with the requirements of
Section 24-8-70 of the Weld County Code. The plat shall be submitted within
sixty (60) days from the date of approval by the Weld County Board of
Commissioners. The applicant shall be responsible for paying the recording fee.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Mi2/1 `y` E1L/,�
`��JJ EXCUSED
1 J. Geile, Chair
Weld County Clerk to the :j . ('..�+;:`o'. .i /
mg
, �e".lenn Vaa., Pr.-em
BY: ..ii I, � G, r
Deputy Clerk to the Boar�� T \ kve
Wil i H. Jerke
APP AS TO�RM: c)__, C_
D vid . Long
ounty Attorney
Ro ert . Masden
2001-0200
RE2870
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