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HomeMy WebLinkAbout830881.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 621 - JULES AND ANNABELLE LINDQUIST 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 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. 621 , being the property of Jules and Annabelle Lindquist, described as part of the NW4, Section 17 , T7N, R67W of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove parcel of land owned by Jules and Annabelle Lindquist be, and hereby is , exempt from the definition of the terms, "subdivision" and "sub- divided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the applicant submitting a revised mylar plat to the Department of Planning Services Office to be recorded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations . The plat shall be submitted within ninety (90) days from the date of approval by the Board. 8:30881 Page 2 RE: RE #621 - LINDQUIST The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of July , A.D. , 1983. BOARD OF COUNTY COMMISSIONERS ATTEST: J , //` /'iti. 1\j '. - ',' .; / WELD COUNTY, COLORADO V Weld County Clerk and Recorder (NAY) and Clerk to the Board Click Carlson, Chairman y; A� �� _� EXCUSED DATE OF SIGNING (AYE) Deputy County Clerk Joh/nn T. Martin,jj�� Pro-Tem APPROVED AS TO FORM: i2C1r. 0(/ (AYE)** Gene R. Brantner C�w.+/�0%.-- (AYE) County Attorney Norman Carlson que ne John o�Nov6`!`' (NAY) Ja** Commissioner Gene R. Brantner was not present at the meeting conducted on the 29th day of June , 1983 . Because of a tie vote at this meeting, Commissioner Brantner listened to the tape recording and reviewed the submitted material concerning this matter. At the meeting of July 6 , 1983 , Commissioner Brantner cast his vote for approval of this request. DAY FILE: July 11 , 1983 830881 tit 141' DEPARTMENT OF PLANNING SERVICES V PHONE(303)356-4000 EXT. 400 915 10th STREET g._,. GREELEY,COLORADO 80631 June 29, 1983 i COLORADO } Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 F � Re: Recorded Exemption #621 N Dear Commissioners: The attached application, plat and related items are in reference to a request from Jules and Annabelle Lindquist for a recorded exemption. The parcel of land on which this request is being made is described as part of the NW', Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The property is located approximately six (6) miles northwest of Windsor on Weld County Road 15. The property contains approximately 18.36 acres of Class IIe (Prime) and IVe irrigated soils. The request is to divide the property into parcels of 9.18 acres and 9.18 acres, more or less. It is the intent of the applicant to further subdivide this agricultural parcel and gain two (2) residential building sites on less than 20 acres. The original building right granted in 1978, on which the Department of Planning Services staff recommended denial, has not been exercised to date; the applicants still have the option to build one (1) home. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the request is not in compliance with Section 9-2 E. (c) of the Weld County Subdivision Regulations; 530881 ' Board of County Commissioners June 29, 1983 Page 2 - The proposed request does not comply with the intent of the Agricultural Zone District as it would encourage non- agricultural use of irrigated farm land, and it would promote urban development in the rural countryside. This proposal is for speculative purposes and would lead to premature parcellation of land. Also, the potential for another residence and further subdivision of land in this area should not be encouraged through approval of this request; The proposed request is not compatible with surrounding land uses; the majority of parcels in this area are between 120 and 160 acres (see Exhibit 1) . Farm operators have a right to be increasingly concerned about scattered rural residential development. Where farms and urban type residences are intermixed, farmers face problems with dogs, children and vandalism, while the new residents complain to the County about smells, noise, pesticide spraying and slow moving farm vehicles on the roads. A very few rural homesteads dotted through an agricultural area can have a surprisingly detrimental effect on a farm- ing economy; The Weld County Comprehensive Plan urges residential develop- ment to be closely connected to and served by municipal utilities, and towns should be encouraged to service new developments within their projected growth boundaries. This proposal does not meet either criteria as it is six (6) miles from the nearest municipality. If the approval is granted for RE-621 by the Board of County Commissioners, the Department of Planning Services staff would require the applicant to submit a revised mylar plat to the Department of Planning Services office to be recorded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board. Respectfully submitted, 4/C.Z.A.2‘-ST M Michael S. Mullen Current Planner MSM:rjg 830881 FIELD CUECK FILING NUMBER: RE 621 DATE OF INSPECTION: June 10, 1983 NAME: Jules and Annabelle Lindquist REQUEST: Recorded Exemption for Tract "B" of RE 308 (March, 1978) LEGAL DESCRIPTION: Pt. Northwest 1/4, Sec. 17, T7N, R67W of the 6th P.M. , Weld County, Colorad LAND USE: N 2 residences, pasture E Irrigated cropland, Larimer County Canal S Transmission Line, Irrigated Cropland, Schild Holstein Dairy to the SE W Pasture, Cropland, Radio Towers, 2 farm residences to the SW ZONING: N Agricultural LOCATION: Approximately 6 miles E Agricultural northwest of Windsor; south of Highway 14 S Agricultural and east of Weld County Road 15 W Agricultural COMMENTS: Subject site is cultivated cropland. Eighty percent of the parcel consists of Class IVe irrigated soils and twenty percent consists of Class Ile (Prime) irrigated soils (these are soils which the Soil Conservation Service has identified as being best suited for cultivation) . The Larimer County Canal provides irrigation water for this site. Subject site has a southwestern slope, and is currently farmed without any display of the building right granted in 1978. Access to the site is from WCR 15, a gravel road. The abandoned Colorado & Southern Railroad on the southern boundary of this parcel is a right-of-way for a power transmission line. A mobile home park (declared a nonconforming use on November 23, 1966) exist to the northeast of said property; it does not meet Weld County standards. Predominant land uses on surrounding properties is agricultural, and a majority of parcels in the immediate area range from 120 acres to 160 acres (see Exhibit 1) . BY: rGe Michael S. Mullen, Current Planner 830881 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext. 400 De artment of Plannin Services 915 10th Street Greele Colorado FOR PLANNING DEPARTMENT USE ONLY : APPL . FEE 45. OO �� '1 [ ,y RECORDING FEE ?.dO CASE NO .___Lei 6;41 0 �l . " RECEIPT N0. ZONING DISTRICT 83 Li /=-APPL . CHECKED BY__ DATE TO BE COMPLETED BY APPLICANT : Prisignatures)type only except for required 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 : Tract "B" of Recorded Exemption No. 0705-17-2-RE308 as filed March 23, 1978, being more particularly described on the attached map and plat. TOTAL ACREAGE : 18.36 Has this tproperty ibeen divided from Yes r divided Nfrom it any other propery snce August 30, 1972? FEE OWNERS OF PROPERTY : Name : Jules and Annabelle Lindquist Address : 1271 Cornell Road, Bridgewater, New Jersey Phone : (201) 725-8280 0880'/ Name : Phone : Address : Name : Phone : Address : WATER SOURCE : Larger Parcel mac) Smaller Parcel NwcWD TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic Agricultural & Agricultural & PROPOSED USE : Larger Parcelresidential Smaller Parcel residential ACREAGE : Larger Parcel 9.18 Smaller Parcel 9.18 EXISTING DWELLINGS : (Yes or No) No (Yes or No) No 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 ERA. �� / STATE OF COLORADO ) 0AC, Signature : 6Nesia.og" Authorized Agent 4 h Subscribed and sworn to before me this 1 '1 day of VrIcAm 199"_, . 7 (SEAL ) No ry Public 1c,i Rive 1 k� C Mix 1(1%_*_ 8a088i My`CommiSSion expires : • Kind Lawrence ATTORNEY AT LAW (303)356-9160 The Law Building 1011 Eleventh Avenue Greeley,Colorado 80631 May 17 , 1983 Weld County Planning Department Centennial Complex Greeley, Colorado 80631 Re: Request for Recorded Exemption - Jules A. and Annabelle Lindquist Gentlemen: Please find enclosed an Application for Recorded Exemption, supporting information, maps and plat, $95. 00 application fee, $9 . 00 recording fee and supporting documents. If you have any questions or need additional information please call me. Jules and Annabelle Lindquist are presently out of state and plan to be in Colorado the last two weeks of June. I would appreciate knowing immediately if it would be possible to have a hearing before the County Commissioners either June 22 or June 29 , 1983 . SincereLtO _ (.1M... Kim R. Lawrence KRL/jeh Enclosures 830881 SUPPORTING INFORMATION FOR APPLICATION FOR RECORDED EXEMPTION Applicants, Jules and Annabelle Lindquist, hereby submit the following supporting information for their Application for Recorded Exemption. 1 . The present Tract B has been approved for a variance allowing residential construction with agriculturally related uses. See Recorded Exemption - 308 . Applicants seek to continue those approved uses but request that Tract B be divided into two equal 9. 18 acre parcels which would be more economical to owners and more salable. 2 . Applicants proposal is consistent with the exemption already granted in RE 308 and the proposal is consistent with existing use in the area. Two homes exist immediately to the North and a mobile home park exists to the Northwest, all in the same section. The comprehensive plan as modified by the existing Recorded Exemption - 308 and the existing uses in the area would not be changed in any respect. 3 . Eighty percent of the tract consists of Class IV irrigated soils and twenty percent consists of Class III and Class II soils. The best use of the parcels would be for residential and agriculturally related uses as approved in RE 308 and in accordance with Applicants proposal. 4. The land is not located within any overlay district area. 5. There is access to the property along County Road 15. 6. A map and plat and mylar are attached. 7 . A report concerning engineering geology and waste disposal are attached. 8 . A letter from the North Weld County Water District indicating water service is available is attached. 9 . This land was previously approved for septic disposal by the Weld County Health Department in RE 308 and copies of letters from the Weld County Health Department are attached. 10 . Copy of Applicants ' deed is attached. 11. A Certificate of Conveyances has been ordered from Transamerica Title Company and will be made available shortly. 830881 re-tor7E , l/7, ,_ frioN1 N, o. �a`G� I p G6 �✓ �LIG✓ N, -1r11V≤5� Corr1E12 �T 7 ,�aIl-7617 Ss7 49 ST U �8 �? I � = 949 � j ♦� I - IA-- \'''s � _ � q Co t— c./...../. g SooeS.rn �� �c.1.e.J 1 Ul • 7.' u3 _ M NI- — d. N N. N \f7 �o R89 49 6 V Res m N ZIZ.oB V £ N - _ P-a� A v 18.53Acre-t -0% -ih +M VI6IN1IfY MAT' 0 �a[� : Ill= j000, 0 rrr -2 Iv I S.13, 47 649.79 N fi 0 N V — _ V o • Q . CI 4 MA t‘i1, ` 11 N MAGI re-z - Description of Total Tract 31 N7 I A tract of land situate in the Northwest 1/4 of Section 17 , Township 7 North , Range 67 West of• the Sixth P .M. , Weld County , Colorado , which considering the North line of the Northwest 1/4 of fl-A said Section 17 as bearing S 89° ltAFT j�.l 49 ' E and all bearings contained r — — herein , relative thereto , is 3 contained within the boundary lines W� M 89°6i' W 440.07' which begin at the Northwest corner of said Section 17 and run thence y� MGR �� Lia�of Nile,/14- along the North line of the said ge<-Tkor' I7-9- -7 5FCr°a 6 I7-7- 7 Northwest 1 /4 S 89° 49 ' E 409. 26 feet ; thence S 00° 34 ' E 604 . 81 feet ; thence S 89° 49 ' E 212 . 08 feet ; thence N 00° 12 ' 13" E 604 . 77 feet to the North line of said Northwest 1/4 ; thence along the North line of said Northwest 1/4 S 89° 49' E 30. 00 feet ; thence S 00° 12' 13" W 2633 . 33 feet to the South line of the said Northwest 1/4 ; thence along the South line of the said Northwest 1/4 N 89° 51 ' W 660. 07 feet to the west 1/4 corner of said Section 17 ; thence N 00° 13 ' E. 2633 . 71 feet to the point of beginning , being subject to all rights of way and easements as they now exist . The above described tract contains 36 . 89 acres , more or less. 9308811 Gi iI EEL__1,10. I O 2 sl r � r �r W / AM N `L le _.,2 I,y' 1 :3,vm h 1 .� j , {.1 / '�¢� _ !\•Y l:. X34'. ..fit L --t--- W°.,`@`_ sZ... ' {Y a I Y\ fir k °e?' �." p t "z l es . *) Y f 4 . x F '- e "r 7 4s f . IP'a j '�i: �' I .y ds . r '10. ?" •;`C w y Y } f * f 'jilt s tyyy w s K,' 1 ' V� \ ( ] N4 �}' j fa 'tr iY C� j ' . �l� ��,I N�1 ! 9 ,� X4, may., h r i y f > P9 . t r� � N „ 4`,: 1 tY 3L iv., � N.. a .4" ' , 4_44 7 ,," 4 .. . Tr,441' •.‘ i' —__ 1 Ise Y L `I'9 i,� N.°�9 6 y Y � ^ J4 p S � - Y w A 4 .. q r i _ *,-1.: i fir.` sj n • ,�. .�..,�.. tie t i 4 . r ^ ' e y $" 4 Y Rh y�,it ��• Y Yk �t ` I 1 R" � �,,,t�' d a, iffl "" rT _;C :mil ���' Jf y.. Northwest Corner Section /7 ` I T7N-R67W N00o/3.E- /42/.30' S89°47'E 659.79'O o o 659.79' S89 47 E N m 0 b TRACT 'A ' e NI- N 9.18 ACRES f 3 h .... � M N O N O O %\ 2 O 0 Q O 0 i 0 O ' 2 in it c �0 i 2 PO.B.-TiocJAA V0 o N89°48158"W X58��W 659.93' e 7----1 v b feel I S89o48 158"£ 659.93 0 50 /00 200 SCALE:/n�=200' 3116—t30' co it;O N to M O I N c TRACT 'B ' 30 9.18 ACRES r !` 0 2W N h I o 0 O O O 2 60'Platte River Power utility easement --A, P.O.B. - Tract 6' N89°5/'W 660.07' O N89°5/ 'W T 660.07 West 1/4 Corner Section /7 T7N-R67W R3O881 ` EGAL DESCRIPTI NR-Lt CASE NO. • (4z,- -i 47 t 4 24 43) 32 . 47 SOUTHERN!' , :A a 17 1 —ASti 5 11' • 64 32 ✓' 61 47 -4-. a 32 T y�, fi .. a : 6 � 7 - i�' •,• 32 Atin C\ • .1 a ' At Y f 1 SOIL CLASSIFICATION NEW NO. IRRIGATED NON - IRRIGATED LAND CAPABILITY Classes I, II, III and IV are generally considered to be land suited to cultivation:—_ Class I - Soils with few limitations that restrict their use. Class II - Soils with some limitations that reduce the choice of plants or require moderate conservation practices. Class III - Soils with severe limitations that reduce the choice of plants or require special conservation practices. Class IV - Soils with very severe limitations that restrict the choice of plants or require very careful management. 530881 Yy` 4 1 gf - R '44;491" I w 1 144' tF ₹k{ Frt-t- 11 4x4':.1'q 7P + r� l ' �..�[ �... �''J.' �, • r' �� t jt °� >4°, ,x"-. a ryj,ry� �i��. '8 `'♦ °��.�+^i:� R f-i1I 3 5 ` dg bl ---1------ .3 T }. � ..t tim °¢ f a �� .� ' 7 _ e., • a i s. . E X.- - 2 IF t `,"9 • / s 7. -S,�.04,th. ¢x' d . w >'',1-' srP• •-•--',:;;2.--; ' - - ' . "i if 5 v?,,,,-,-;.• .,-.-Y,.:-:::.--,t,..N4.4,:- -r)--tr,-;f..t.-,-;,?,-Str_ .,,,•plt-r.F.--•: 1 j DC,•..;:te,:::•-•Vdt. ,,,‘V A rr,.f v Laic {'Y' ..j-I, ♦T '"" W's`• x, --7,4:: �,r -.. .. 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DEPARTMENT OF HEALTH PHONE(303)353-0540 1516 HOSPITAL ROAD GREELEY,COLORADO 80631 viik. COLORADO May 9, 1983 Kim Lawrence, Attorney The Law Building 1011 - 11th Avenue Greeley, CO 80631 Dear Mr. Lawrence: Regarding your letter of May 5th, septic systems are acceptable in areas not served by public sewerage. However, I cannot determine whether septic systems are suitable or are able to be installed on specific lots until percolation tests and soil profile analyses are made. Our department generally performs these tests after the applicant has obtained a septic permit application. The limiting factors to allowing septic systems are high ground water, too slow a percolation rate, or unsuitable soils. If these conditions exist on the site you mention, a septic system may be difficult to install or may require engineering design. If you have any questions, please call me. Sincerely,#71/116/(rAt-- Ronald K. S� Director Environmental Health Services RKS/bks 830881 If 'I link ro Planning Department oate May 24, 1983 COLORADO From Weld County Engineering Department Subject: Submittal Completeness Applicant: Jules A. and Annabelle Lindquist Case No. RE-621 ens Name: `.. . obi�. n. — 'd7---—\ 25 5,'3 bdivision P.U.D. �ty Sketch Plan Sketch Plan Use by Special Planning Commtssmn Review Weld Co. Preliminary Plan Final P.U.D. Plan XX Recorded Final Plan Chance of Zone Exemption The above application is: Complete XX Incomplete in regard to engineering information which must be submitted to proceed with a proper Engineering Department review. The following additional information is required: The access shall have a 15" X 20' min. C.M.P. culvert for road drainage. Further information may be requested at the time of the review. BY: C'ui vAL t �i LEI {� Administrative Manage, 830881 Hello