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
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re-z - Description of Total Tract 31
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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
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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.
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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
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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
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