HomeMy WebLinkAbout20002235.tiff I till HI tart Itil BIN III lit NE
4809(11 11/2III2000 104M JA Mild Dula=to
I o1 1 R 10.00 0 OEN Weld CouaN CO
alb SUBDIVISION EXEMPTION N0. ;97Q7_29-3-SE-639
Eby
(033O
N 1/4 CORNER SEC. 29, T]N, R66W
FOUND MEN As DESCRIBED IN
MONUMENT RECORD IVG11 DESCRIPTION
A pared ofW lowed m the SoutbRvt Quarter ofSeedy,29,Township 7Nmk,RsµtMWmofto
Sixth Muriel Mwdim,Weld C000ry.Calvtlo being mote prtieolvryG hd u Mon:
VI I/C SEC 29. iIN, R66W All dulcet of 0e ao0hwal Qietaofw55acEm i9lyina South sad&A oflheWaa iWeld Cwt
r RESET v0.vuvENT- } 1/4' CAP ON Seidp co
ntain m m 122.414 saes,mote or Est
N6 REBAR LS 16425 CENTER 1/4 sEc 29, T7T% MEOW
MONUMENT - 3 1/4'CAP ON q6 We.Me mlaelgnel,Poke the vole^weal lu fee of'Le above desaibai
R=BAN IS 16425 E 1/4 CORN UR SEC. 29 ITN, RUM
S889.1916T `F MUNE MONUMENT IN MONUMENT EC% 'IMPAIR M hmelrysgsme9ubbvulm&ewoa000gfl olebmvoMmn
96.RT � BWSC vL ♦ 53101' ,- / 51269 ��---• ��
` �� _-�--
'�V - / IXaYd L.Rahermel 1
Tp
V A `}1 of /,/hbmA¢Mm^1uyNb6mmel& NYr.,,,,-,--2,-,..4,„,„:„;:ti)
>
\\., `\ 1� MyCommidonDEANE 6/a5.(9l�
I \ /j"s..Ih��(.
1
1 \ '\ NOM
Slaw my haul RidW `
1 — LARIMER AND WELD CANAL-.A _
mmtnlWaunmmrtgmmtmn
Planer werticinuenanEnnocano, IlrlplQ:Olann MiODQLTI
•\ . I.
1.SIWpLT aceneg®6MIICMNAmE®IRNM61mromanit
{�1 N I 1 MTIM nanl®W w orrauc wrm TA.M rManAn aessenIDFme.tl
\ \ EASEMENTS CERTIFICATE
rl \ \ RIGHT'To FARMCOVENANT We m Sway&aiak.L<tr«fit of de PWada stoma,
\ Wad Comely Isms of ON most pWoSEve epivWNW tamales a t3u<beltl State. °Tegbed h oe uamma fa Re Mem eMm a deiced bacon.1 \ 1\ Tbe rural mm of Wed Comte maybe amen end sanme,ba they are ulmavely
uWfinegio9mlw MammvuRaronwaasmuarsofni®Avem Roth l �l �i
\I I ldnwbadR� bdugmOud wJh lma-amilnB WleuloolRtllantldnbwm o /Y �:—sue tl/(/ n+Ne.�jo.iCiI \ ` I Astiwlmams ofdelNO should mot be emended m douse dm kyasWebed
of Kama users itdo•mg wet
I \ \ ( Well w gidenl aavileswill samba am Hs¢Impede,Including Raise Ram
1 1 1 O \ Seaton and"clime*duel gravel roMw. Rid Pudu...PM Del'proved for filing.
\ 4'f J` Mxfrm®l mEmd Alaye.ml manses moo Nm d3htv®/:Na
\ ` \ Rai mosquitoes.Thu use ofpeniiM and fertilises u6&ds.ueudies tYmd
\ N'T 9 I ..i.IgnymQ.SMdeetldaamnvetwottvtlly W mweduRofm.wga
.\��\ TdEantla dewbFmml ivahem mmeasthe official,delivery ofmmtlmro Bost&Cowy Cmmiemen
Podawhvbamamelm Mm39u3Rtim,
�, i1 wan cawtr cerma Nadpbdwaagoggiane NOesm�(namme shave'
es -\ / DeuweviPomem•LanJ:T00mJesdmnedmmlymNoobided �f Jv to the Bawd
/ midcgWm lheehramePa teflhemmEevmalels4bnutiWle
9
R \ • — / / ate canned
em mat bemmaW9lmbmRelhpmpWle
ormwwrandmeawtlu.wlmmb.a..'eldmrdaeyalmereeedr ® Date, //-a�--<o
a ` —„a, z WET: taamu.SSE*kweefatmml.addma NOSIER Fire Pmaion is wear Evlmlhv
I _ �—.. ao' AcCEss AND rev:gN byvd�m M mu*lave(Ued ,ad 8mtin te(wog ro
_____ —.I sacd,TTNT,a6dw emaDaaet County revel rede.m mar mwohm they mhleeed,wEm
UN% ESM T. provide Ihe smsdodofmfaaewld Ran a paved reed.Snow removal
n a riviles mm Han roads from mhdiv®a ea RMWa may sot be dotal fin serail
8 aJ del eaernmyR Noncom.San'recoil Named*within mbfiNemsm of 2e
1 6 3 lowrpiauy foe public works ormay as Dante lmamttiRn of ms
$MI iN LOT B ; ` ca aa.am.mmm'e.es.aivaA eeeael•almm
anoicipal anises
RE-2769 -E<]9 SURVEYOR'S CERTIFICATE
125.414 WOMEN ± 3 LOthI mi9Rtl to different hvad�mmtYOmutlmMm temaS.P® 9�mdRdeNOlLd9rrtsvvY9utlaCdT54ahnbemOfyY9lRwal
WCR 76 equi9mmt mail p� ° oeSebs,elemical pewee for 4MR'Mtli.16q*
P4 ad meta pivot WtetiNMhiee Reed av®c.IETIbr.Dmuenvaa. Ma WntadwpTlmtr9VmlgerAde.dW4elabnetwM1mmatimdNmE'hie
I entail fmdoaAme liwatl Deemed mm m chides Cmhd&S mlfywmanE5dfiyedyR.a SIR9hshbw../mdmd'meet RmdaNaaREada
I 8eT'14YR,p I � ti•Impwmh met dy dadards'',WSnb l&Dmclim d 9Nlmfalk hlmv du' ladNarMdWNCC�ome�y
X16` / �el4216W f�a,L�
pry a &baaRyesduSl6Rl
d.`I95 t VICINITY MAP s}e :
IL .cre„re., 42 ,NOT TO SCALEc'
eV lads
--NW42SYW 30.W N 3� ?
NSI°U3Try y r M. MW
3 z00' u IIIP I"
I I
I I -NIEP172SE 269.15' REDS oe mania.
sauna mEwLINEo As nlSEC.I[n[m.Reel s pry Ie IRE Assume')
I
.
sar16R893 269�4r �_-_ NOTES:
SW CORNER SEC. 29. TIN. R66w ° — — —O N01 LLS:
---
FOUND 2 ,/z' CAP As OEsc454 IN WELD COUNTY ROAD 76 S 1m m
MONJMFNI -NE /4 CORNER SEC. 29. I7N.R66W
FOUND 2 I/2" CA, IN MONUMENT
BOX AS DESCk15ED 14 MPNVMEV I �mefAtlmn000manaFAnWnmap�nvneamWAvsmsmWn
RECORD LEGEND
• Atm.CORNER MONUMENT FOUND
• sameVBWRmmEmaoltllWMIQ*Twfm.
0 SECTION CORNER woNUMEAT SE. ADJMEINGTOOYMEOUVIJOIMITCOILLOCEANTINALACDENBASICTZONANYIAMTMITOSIVAT
mR11NKAPILMIW EtlIRIAA W IRR MpFRIIWTAXYALWn6mNatwn
---———- MORI OF WAY OR EASEMENT LINE owning ®04®elm1®IGID a inananneemIDmaRnW CaO1M
SEM
CENTER LMAE OF OSTER ER CANAL
RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION #839 - DONALD AND JOAN
ROTHARMEL
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, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., and Section 2-19 of the Weld County Subdivision Ordinance,
did determine at a public meeting held in the Chambers of the Board, that certain parcels of
land to be divided, as shown on the plat known as Subdivision Exemption #839, does not come
within the purview of the definition of the terms, "subdivision" and "subdivided land," and
WHEREAS, the request for Subdivision Exemption #839 was submitted by Donald and
Joan Rotharmel, 13459 Weld County Road 76, Eaton, Colorado 80615, for property which is
located in part of the SW1/4 of Section 29, Township 7 North, Range 66 West 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, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the above described parcels of land be, and hereby are, declared
to be exempt from the definitions of"subdivision" and "subdivided land" as set forth in
Section 30-28-101(10), C.R.S., and Section 2-19 of the Weld County Subdivision Ordinance.
BE IT FURTHER RESOLVED by the Board that approval of Subdivision
Exemption #839, submitted by Donald and Joan Rotharmel be, and hereby is, conditional upon
the following:
1. A Weld County septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. The applicants shall provide the Department of Planning Services with a
certificate from the County Treasurer showing no delinquent taxes for the
original parcel (mother parcel) area.
B. A minimum 30-foot wide joint access and utility easement extending
across Lot B of Recorded Exemption #2789 from Weld County Road 76,
for the benefit of the proposed subdivision exemption, lot shall be clearly
shown on the plat. The joint access easement shall be dedicated for the
use as shown utilizing the language set forth in Section 11.7.1.12.5 of the
Weld County Subdivision Ordinance.
C. The right-of-way easement shall be a graded and drained road to provide
all-weather access.
Q 2000-2235
CC' ,oz 'CD
IhetrMe/ SE839
SE #839 - DONALD AND JOAN ROTHARMEL
PAGE 2
D. The applicants shall provide the Department of Planning Services with
evidence of a recorded copy of an access and utility agreement signed by
all owners of property which is crossed by the access. The access shall
be for ingress and egress and shall be referenced on the plat by the
Weld County Clerk and Recorders reception number.
E. The Subdivision Exemption lot shall utilize the existing
residential/agricultural/oil and gas/ditch road accesses necessary for
agricultural operations. No circle drives or additional accesses shall be
granted.
F. All approved accesses shall be clearly shown on the plat. The applicant
shall contact the Weld County Department of Public Works to determine
if a culvert is necessary at any approved access. If a drainage culvert is
required, a 15-inch CMP is the County minimum size. If the applicants
choose to place a larger culvert, contact the Department of Public Works
to adequately size the culvert.
G. Weld County Road 76 is designated on the Transportation Plan Map as a
paved 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 centerline
of Weld County Road 76 shall be delineated on the plat. This road is
maintained by Weld County.
H. 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 Zoning Ordinance, the required setback is measured from
the future right-of-way line.
2) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
3) The text of the Right to Farm Covenant as stated on Page 7-1 of
the Weld County Comprehensive Plan, effective March 25, 2000.
3. The applicants 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 prepared in accordance with the requirements of Section 11.15.9 of the
Weld County Subdivision Ordinance. The plat shall be submitted within sixty
(60) days from the date of approval by the Weld County Board of County
Commissioners. The applicant shall be responsible for paying the recording
fees.
2000-2235
SE839
SE #839 - DONALD AND JOAN ROTHARMEL
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /1%iFtt)` EXCUSED
Barbara J irkmeyer, Chair
Weld County Clerk to t^r: B•. l
■Ism r' • • ' //L_? (AYE)
sat 1 M. eile, Pro-Ter-
,
BY: G=am/ • ,r��,•-_ .� �
Deputy Clerk to the `.0 zs e„ 4 (AYE)
org . Baxter
APPR1O D",8—TO FORM: (NAY)
-2-
- —2-2--).-------- Hall
,��
my Attorney dL ui s 4_(AYE)
Glenn Vaar
2000-2235
SE839
CWDEPARTMENT OF PLANNING SERVICES
O SUBDIVISION EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
PLANNER: Chris Gathman HEARING DATE: September 18, 2000
CASE NUMBER: SE-839
APPLICANT: Donald &Joan Rotharmel
ADDRESS: 13459 WCR 76, Eaton, CO 80615
REQUEST: Subdivision Exemption in conjunction with a 2-Lot Recorded Exemption to remove existing residential
improvements from a parcel
LEGAL DESCRIPTION: Part of SW4 of Section 29, T7N, R66W of the 6th P.M., Weld County, CO.
PARCEL NUMBER: 0707-29-000022
PARCEL SIZE: +/-2.3 Acres ZONE DISTRICT:Agricultural
WATER SOURCE: North Weld County Water District SEWER SOURCE: Septic systems
The Department of Planning Services'staff has reviewed this request and has concerns for the following reasons:
1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with
Section 11.17.1.3 of the Weld County Subdivision Ordinance, as follows
a. Section 11.17.1.3 - In those instances when used pursuant to Section 11.14.2, the request is the best
alternative to dispose of existing improvements in conjunction with the companion recorded exemption.
1) Assisting orderly and integrated development. Creating an island lot surrounded by another parcel that
does not border public right-of-way may lead to access problems and therefore is not assisting orderly
and integrated development. In accordance with Section 10.5.10 of the Weld County Subdivision
Ordinance,the flag lot configuration shall be avoided where possible. The minimum width of a flag lot
is 30 feet.
Should the Board of County Commissioners approve this request, the Department of Planning Services' staff
recommends the following conditions be attached:.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to
the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. The applicant shall provide the Department of Planning Services with a certificate from the County
Treasurer showing no delinquent taxes for the original parcel (mother parcel) area.
2000-2235
B. A minimum 30-foot wide joint access and utility easement extending across Lot B from Weld County
Road 76, for the benefit of the proposed subdivision exemption lot shall be clearly shown on the plat.
The joint access easement shall be dedicated for the use as shown utilizing the language set forth in
Section 11.7.1.12.5 of the Weld County Subdivision Ordinance.
C. The right of way easement shall be a graded and drained road to provide all weather access.
D. The applicant shall provide evidence to the Department of Planning Services a recorded copy of an
access and utility agreement signed by all owners of property which is crossed by the access. The
access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk
and Recorders reception number.
E. Lots A and B shall utilize the existing residential /agricultural /oil and gas/ditch road access points
necessary for agricultural operations. No circle drives or additional accesses shall be granted.
F. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Public Works Department to determine if a culvert is necessary at any approved access point. If a
drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to
place a larger culvert, please contact the Public Works Department to adequately size the culvert.
G. WCR 76 is designated on the Transportation Plan Map as a paved 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
centerline of Weld County Road 76 shall be delineated on the plat. This road is maintained by Weld
County.
H. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do 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 Zoning Ordinance,the required setback is measured from the future right-of-way
line.
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States. The rural
areas of Weld County may be open and spacious,but they are intensively used for agriculture.
Persons moving into a rural area must recognize there are drawbacks, including conflicts with
longstanding agricultural practices and a lower level of services than in town.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well run
agricultural activities will generate off-site impacts, including noise from tractors and
equipment; dust from animal pens, field work, harvest, and gravel roads; odor from animal
confinement,silage, and manure;smoke from ditch burning;flies and mosquitoes;the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved out of the way of residential development without
threatening the efficient delivery of irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The
sheer magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the county and the distances which
must be traveled may delay all emergency responses,including law enforcement,ambulance,
and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are
bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority
for public works or may be the private responsibility of the homeowners. Services in rural
areas, in many cases, will not be equivalent to municipal services.
Children are exposed to different hazards in the county than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs, and livestock present real threats to children. Controlling children's activities is
important, not only for their safety, but also for the protection of the farmer's livelihood.
Parents are responsible for their children.
3. 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 prepared in accordance with the
requirements of Section 11.15.9 of the Weld County Subdivision Ordinance. The plat shall be
submitted within sixty (60) days from the date of approval by the Weld County Board of County
Commissioners. The applicant shall be responsible for paying the recording fees.
4. Planning Staffs approval of this recorded exemption is based upon satisfying the above conditions.
Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days of
approval, then this case will be forwarded to the Board of County Commissioners with a
recommendation for denial.
• �,,,,. ... ... .:ter:{. }:,:>:r•::
...:.>.>•.:,. .....4•::.....},>:}:::i.'R}:...,,,-.,.g,it,b;;,rS.:..a..9ir.•..:.:•:... ... ...}::.;'•::...:..;.is•'•.:'::RY•}:;:.
.;:.;,...•::•Y4:..•.:...,..Y..,•{t :•.v 5:.. ......... 4;t..Y..:•:,},.'•:.v::..F...v.{i <,•::••:;•v' :;:::4:^>:•.t
}t v,:::i.. ...... .... is •.,�.tiff. it:'S..
�..:i}a}�. ;..'4r.'•. } :.,:, a:. .:v;:+:i},:. .. ti .4t:):e h:r:•:}�.}L is t:'i'i•$}' {•:•�:•
F4
•: v •�
Item Comments Check
Proper size of plat 24"X 36"or 18"X 24"
Boundaries of Lot(s) 1/
Scale Suitable Scale? (Approx. 1"=200'or 1"=100')
Access indicated Shared access? If so, is Easement Certificate included? —
Roads labeled. including R.O.W. /
Building Envelope(s) /U r 4
Vicinity Map Suitable Scale?(Approx. 1"=2000'); Not on SE
North Arrow
Legal Description
Notes from Planner/
Development Standards
Conditions Of Approval
completed?
v
Owner's Certificate Notarial Certificate included? If deed indicates two
owners,have both signed the plat? !/
Surveyor's Certificate, All surveyed plats
Note: USR plats do not need to be surveyed
Surveyor's stamp
Director of Planning Certificate Notarial Certificate included?
(RE,SE,SPR,Final PUD. if Staff Approved)
Planning Commission Certificate (USR's,COZ,) /J /P
Board Certificate (IJSR's,COZ,Final PUD but not if it was Staff approved) } i n
*RE,SE&ZPMH,if Board approved.
Typical Road Cross Section If a COZ,Final PUD SVA
Easements If Final PUD (j /Pr
Please return the plat to CAD Tech. within 24 hours of receiving the plat.
Planner On Call: _(Initials)
0'Planner Signature: ek) G��tfw� Date: /// 7/ --
WELD L UUN 1 1,L ULUNHUU
DEPARTMENT OF PLANNING SERVICES
---- PLEASE TAKE THIS SLIP TO THE FRONT DESK
DATE
RECEIVED FROM
NO.
TYPE FEES
4221-RUSE
4221 ZPMHIMHZPIZPAD
4221-USR
4221-SITE PLAN REVIEW
4221-COZ
4221 -RID
4221 -SUBDIVISION
4221 -BOA
4221 -MINOR SUB
4221-FHDPIGIIDP
4221 REPLAT
6560 RECORDING FEE
4430-MAPSIPUBLICATIONS
4730•INVESTIGATION FEE
4430-PDSTAGEIHANDLING
ON-CALL PLANNER IL ----
1ZO,OO
r TOTAL
1 CASIIP CHECK
RECEIPT
Good Morning, Chris Gathman,Department of Planning Services:
139
This is Case#RE-2789 & SE (v), a 2-lot recorded exemption in conjunction with a
subdivision exemption to separate out existing improvements. The property is located in
the southwest 1/4 of 29-7-66. It is located north of and adjacent to Weld County Road 76
and east of and adjacent to Weld County Road 27. The property is located approximately
4 miles east of Eaton.
Weld County Planning Staff has concerns with this application for the following reasons:
1. It is the opinion of the Department of Planning Services' staff that the applicant has not
shown compliance with Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision
Ordinance, as follows:
a. Section 11.4.2.4- Consistency with the purpose of efficient and orderly
development as expressed in Section 1.3 of the Weld County Subdivision
Ordinance.
1) Section 1.3.1 -Assisting orderly and integrated development. Creating an
island lot surrounded by another parcel that does not border public right-
of-way may lead to access problems and therefore is not assisting orderly
and integrated development.
2) Section 1.3.2-Promoting the health,safety, and general welfare of the
residents of the County. The viability of the proposed access to Lot A of
the proposed recorded exemption is questionable for residential and
emergency accessability during inclement weather.
3) Section 1.3.5-Encouraging well-planned subdivisions by establishing
adequate standards for design and improvement. Adequate standards for
design and improvement have not been established for this area, since this
is Recorded Exemption application. If the area had been developed
through a traditional subdivision process, standards would be established
for adequate water, sewer,fire district requirements, impacts on schools
and other urban type services.
4) Section 1.3.8-Securing equitable handling of all subdivision plans by
providing uniform procedures and standards. Uniform procedures and
standards have not been applied to this application, because it does not
follow the same guidelines as a traditional subdivision.
d. Section 11.4.2.5- Compliance with the recorded exemption standards set forth in
Section 11.8 of the Weld County Subdivision Ordinance.
1) Section 11.8.3-An adequate legal access exists for all proposed lots to a
public road. All accesses shall be in accordance with Section 3 of the
"Weld County Public Works Policies", Ordinance No. 180, as amended. The
proposed recorded exemption configuration would create an island lot(Lot
A). Lot A would use an existing dirt road for access.
Section 10.5.10 of Weld County Subdivision Ordinance states: "A flag lot
configuration shall be avoided when possible.
e. Section 11.4.2.6-Adequate provision for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and the County. It is the opinion of
the Department of Planning Services' staff that there is not adequate provision for
the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and the County, as stated in 1.a.2) above.
,.: },
. '1f.y `" it ••a'a - p. = k + y`i W' ,w 4 Ai..
lPe' i54
.6?.'*a:b wr+a�v1Sa'iaS4 ':an: $aa�.wx��A 'si
RE: Condition H. RE: 2789
September 22. 2000
To whom it may eoncexn:
In regard to the double-wide trailer at 13457 Weld County Road 76,thiq letter is to inform
all concerned parties that as of November 1, 2000, the current resident of the trailer, au
employee of the Buxn ail Farm and Dairy Oration, will be vacating the premises and
Bob and Judy Gagnon will be taking up residency. Judy Gagnon is my wife Joan's sister.
The C'agnons were employed by us iri the past, and they will once again be working for our
farming operatkaL Bob and Judy.;iaunon will be living in die double-wide trailer both as
our relatives and as our farm employees.
Sincerely,
;z,
Donald L. .t.otharinei
•
RE: Condition H. RE: 2789
•
Robert 3. &Judy A. Gagnon
2600 South 70th 1110
Lincoln,Nebraska 68506
September 2 2000
AO w. oin it.IDayY c:o.neem:
This letter will certify our intent to occupy as our residence the double-wide trailer at
13457 Weld County Road 76 and to enter employment with our relatives at Rotharmei
Farms effective November 1,2000.
r' i. 4 �- 'y---'
----6.
Robert J. &Judy A. Gagnon
DEPARTMENT OF PLANNING SERVICES
cfe 1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540
Fax(970) 304-6498
C.
COLORADO
August 17, 2000
Donald Rotharmel
13459 WCR 76
Eaton, CO 80615
Subject: SE-839-A Subdivision Exemption in conjunction with a Two-Lot Recorded Exemption on a parcel
of land described as Part of the SW4 of Section 29, Township 7 North, Range 66 West of the 6th
P.M., Weld County, Colorado.
Dear Mr. Rotharmel:
Your application for the Subdivision Exemption and related materials are being processed at this time and
you will be notified within 45 days. If it is determined that the application meets the approval criteria of Section
11.15 of the Weld County Subdivision Ordinance, as amended, you will be notified that the subdivision
exemption is approved. If the staff determines that the application does not meet the approval criteria, you
will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will
be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider
your application and make a final decision on the subdivision exemption.
If you have any questions concerning this matter, please free to call me.
Respectfully,
/ex)
Chris Gathman, A.I.C.P.
Planner
Donald &Joan Rotharmel
13459 Weld County Road 76
Eaton, CO 80615
Subject: SE-(839)
Legal Description: Part of the SW4 of Section 29, Township 7 North of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Rotharmel:
This letter is to inform you that the above referenced Subdivision Exemption has been reviewed by the
Department of Planning Services and it has been determined that the application does not meet the standards
of Section 11.4.2.1 through 11.4.2.6. This application is scheduled before the Board of County
Commissioners on September 18, 2000 at 9:00 a.m. I will recommend at the September 18 meeting that the
application be tabled until September 20, 2000 at 9:00 A.M. The Board of County Commissioners meet at
the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation will be
available twenty-four hours prior to the public hearing.
If you need any further information, please feel free to contact me at the above address, telephone number or
e-mail address.
Sincerely,
Chris Gathman
Planner
r gr,
WELD APPLICATION FLOW SHEET
COLORADO
APPLICANT: Donald &Joan Rotharmel CASE#: SE-839
REQUEST: Subdivision Exemption in conjunction with a 2-Lot Recorded Exemption
LEGAL: Part of SW1/4 of 29-7-66
LOCATION: North of and adjacent to WCR 76, East of and adjacent to WCR 27
PARCEL ID#: 0707-29-000022 ACRES:+/- 119 Acres
Date By
Application Received 8/15/00 CG
Application Completed 8/15/00 CG
Referrals listed 8/17/00 CG
Design Review Meeting (PUD)
File assembled g/'7/(7 6 I Z_S
Letter to applicant mailed 3)//810-0
Referrals mailed g//g/6t
Chaindexed 87//g/O0
Vicinity map prepared
Field check by DPS staff
Administrative Review decision:
Date By
County Commisioners Hearing Date (if applicable)
Surrounding property owners notified
Air photo and maps prepared
CC action:
CC resolution received
Recorded on maps and filed //,2 1. 1(
Overlay Districts Road Impact Fee Area:
Zoning A Yes No_X_
Airport Yes No_X_ SW Weld #1 #2 #3_
Geologic Yes No_X_ Windsor
Flood Hazard Yes No_X_
Panel #080266-475D
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970) 353-6100, Ext. 3540 Fax(970) 304-6498
SUBDIVISION EXEMPTION APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures):
TYPE OF EXEMPTION REQUESTED (check onel
Property line adjustment X Used with Recorded Exemption
Financing purposes Public utility facility
I (we), the undersigned hereby request that the following described property be exempted from the definition
of the terms "subdivision" or "subdivided land" in accordance with Section 11.11 of the Weld County
Subdivision Ordinance by the Weld County Board of County Commissioners.
Legal description: Part of 344 Section 29 T 7, N, R FF W of the 6th P.M.,
Weld County, Colorado.
Total Acreage 2.3 A. + or -
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: Donald L Rol-bat-me] & Joan E. Rotharmel
Address: 1131+59 WCR 76, Eaton. CO 80615 Phone 454-2278
Name:
Address: Phone
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.
Cgnatur O ner or Authorized Agent
Rev: 10-21-97
tti
r} P
7
STATEMENT OF PI IRPOSE AND BENEFITS
RE: SUBDIVISION EXEMPTION IN CONJUNCTION
WITH RE: 2789
The purpose of this application for a Subdivision Exemption is to remove the
existing residential and some agricultural improvements from Lot B of RE: 2789. This
will allow the original farmhouse to remain as a conforming use on its own legal lot. The
Subdivision Exemption lot will use the same existing private access road that will provide
access for Lot A of RE: 2789. An access agreement signed by the owners of record
will provide for a perpetual, non-exclusive, dedicated 30' right of way for the purpose of
ingress and egress and necessary utilities. The road will be an all weather road of a
• minimum 20'width to be maintained by the owner of Lot A.
This request is consistent with the Weld County Comprehensive plan as it is the
applicants individual effort to protect and preserve their own agricultural enterprise.
Although current farm market conditions prohibit the hiring of much needed farm help
by this applicant, future improvements in agribusiness may allow them this opportunity
and the second home will provide needed shelter. This use will be compatible with
surrounding uses as the predominant use in the area is agricultural and residential
agriculture. The applicant feels that creation of the proposed Subdivision exemption
is the best way to legally utilize needed existing improvements in conjunction with the
companion recorded exemption. To the best of our knowledge all existing structures
meet the minimum setback and offset requirements for the zone district in which the
property is located.
WELD COUNTYTREASURER WELD COUNTY TAX NO f Eet
P.O.BOX 458 R0842186
GREELEY,CO 80632-0458 1999 Taxes Due in - 0
LEGAL 'ESC'I•TUN •F "• •E•TV TAX AUTH•'ITY TAX LEVY rnaCEE:Y°a °`eTr GENE'AL TAX
18650 PT SW4 29 7 66 LYING S & E OF WELD COUNTY 22.03E 603.18
LARIMER-WELD CANAL EXC UND INT OG&M SCHOOL DIST RE2 45.87E 1255.68
(3R4D7RES) NCW WATER 1.00C 27.37
NWC WATER 0.000 0.00
EATON FIRE 3.055 83.62
AIMS JUNIOR COL 6.342 173.61
WELD LIBRARY 3.24S 88.93
WEST GREELEY SOIL 0.414 11.33
P A lit
N3 � �
OCT 17 OOo 1Ael/
EIS) C0UN-TY i•hSUREl , ( 6„r2 7:3SR No.25.-In absence of State Legislative Funding,9 � 0 3 /
your School General Fund Levy would have been 106.955
TAX DISTRICT ACTUAL PROPERTY VALUE IS VALUATION OF LAND VALUATION IMPS OR PERS TOTAL VALUATION TOTAL LEVY FULL TAX
0226 198211 1198• 15390 27370 81.977 2243.72
PARCELS UN Als RI• YEA TA% •AYMENT
070729000022 REAL IF NUM'E SA EAR HE E �� SCHE•ULE
"C•NTACTTREASU E "IMME.IATELYI - i + - -
The value of your property for 2000 will not change from the value shown on this 1st Half Tax DUE FEBRUARY 29 1121.86
tax notice unless the Assessor's office sends you a notice of value in May. The 2nd Half Tax DUEJUNE 15 1121.86
Assessor's office will send notices in May only to property owners whose value
has changed from the 1999 value. Property owners may appeal values by letter
postmarked no later than May 27, 2000 or by appearing in the Assessor's office
from May 1 to May 31, 2000. Assessor's office (970) 353-3845 ext. 3650.
FULL PAYMENT 2243.72
WATER FEES ON THIS ACCOUNT OR DUE MAY 1
ROTHARMEL DONALD L & JOAN E THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAX
NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A
13459 WCR 76 MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD. IF YOU
HAVE SOLD THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE
EATON, CO 80615 NEW OWNER OR RETURN TO THIS OFFICE MARKED"PROPERTY SOLD"
Please see reverse side of this form for additional information. TAX NOTICE 56477
RETAIN TOP PORTION FOR YOUR RECORDS.
REFERRAL LIST
NAME: Donald and Joan Rotharmel CASE NUMBER: SE-839
REFERRALS SENT: August 17,2000 REFERRALS TO BE RECEIVED BY: September 8,2000
COUNTY TOWNS and CITIES
_Attorney Ault
_X Health Department Brighton
_Extension Service _Broomfield
Emergency Management Office Dacono
_Sheriffs Office Eaton
_X Public Works Erie
Housing Authority Evans
Airport Authority _Firestone
_Building Inspection Fort_ Lupton
_Code Enforcement Frederick
_
STATE _Garden City
_Division of Water Resources Gilcrest
_Geological Survey Greeley
_
Department of Health _Grover
Department of Transportation Hudson
_Historical Society Johnstown
_
_Water Conservation Board Keenesburg
_Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
West of 1-25 (Loveland) Lochbuie
_East of 1-25(Greeley) Longmont
_Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 _New Raymer
_Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
_Brighton F-3 Pierce
Eaton F-4 _Platteville
_Fort Lupton F-5 _Severance
Galeton F-6 _Thornton
Hudson F-7 Windsor
Johnstown F-8
_La Salle F-9
_Mountain View F-10 COUNTIES
_Milliken F-11 Adams
_Nunn F-12 _Boulder
_Pawnee F-22 Larimer
Platteville F-13
_
_Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
_Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 _USDA-APHIS Veterinary Service
Southeast Weld F-16 _
_ Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
_Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_School District Greeley
Ditch Company Longmont
West Adams
COMMISSION/BOARD MEMBER
RECEIVED
f�
a AUG 2 1 2000
WELD COUNTY
PUBLIC WORKS DEPT
Weld County Referral
1
C. August 17, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Donald and Joan Rotharmel Case Number SE-839
Please Reply By September 8, 2000 Planner Chris Gathman
Project Subdivision Exemption in conjunction with a Two-Lot Recorded Exemption .
Legal Part of the SW4 of Section 29, Township 7 North, Range 66 West of the 6th P.M., I
Weld County, Colorado.
Location North of and adjacent to WCR 76 East of and adjacent to WCR 27.
Parcel Number 0707 29 000022
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature th
n�n awed Date 9- _ Oct
Y
Agency G le-124CD
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Planning Dept.
dif it 44%7 ? 1 Z 2000
MEMORANDUM
RECEIVED
TO: Chris Gathman, Planning I DATE: September 11, 2000
11 ik FROM: Donald Carroll, Engineering Administrator figs
COLORADO SUBJECT: SE-839; Donald and Joan Rotharmel
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
WCR 76 is designated on the Transportation Plan Map as a local paved road, which requires a 60-foot
right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld
County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89,
as amended), the required setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works recommends approval of this application.
In accordance with Section 10.5.10 of the Weld County Subdivision Ordinance (Ordinance 173, as
amended), the flag lot configuration will be avoided where possible. The minimum width of a flag lot is
30 feet.
The right-of-way or easement shall be a graded and drained road to provide all weather access.
The applicant shall utilize the existing residential access to this easement, and no additional accesses
shall be granted.
pc:SE-839
plan6se
-Onnn-17,�..R
tIrlTh‘:1
Werd d tinty Referral
VIII CP August 17, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Donald and Joan Rotharmel Case Number SE-839 i
Please Reply By September 8, 2000 Planner Chris Gathman I
Project Subdivision Exemption in conjunction with a Two-Lot Recorded Exemption .
Legal Part of the SW4 of Section 29,Township 7 North, Range 66 West of the 6th P.M.,
Weld County, Colorado. i
Location North of and adjacent to WCR 76 East of and adjacent to WCR 27. I
Parcel Number 0707 29 000022
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: LUIAISignature Dat .Fizsio,
Agency VC- (kkr‘ -D-t.
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353$tOLCiiS$t ltylA Qt7-M fallX,pt,
AUG 25 2000
RECEIVED
,Th7nac235
ROTFIARMEL SUBDIVISION EXEMPTION SKETCH PLAID
i\S
L.W. CANAL
Irrigatio(,) HURRICH
Well CANS
KING LAKE
•
WCR 27
LOT
A I
................... LARIMER WELD CANAL 2A.+/-(
.11 ��I
I Perpetual
` von-exclusi
I Access
Easement
1 Si-T)T7TSTON. CORRALS
1 EXEMPTION LCD y 2.3A l +/-
LOT B S
Electric 114 +/- 370' EzO
Tran4nission `Line
I Ks. 275'
I
t WCR 76
K�
ACCESS
Ot,?O �5
Ev h' ..
•
•
.( .GO ;,1A� 1972 F.
, . I for Recorded •t..I o'clock...R.21.,
• ,. .. �.
(An Reception No,,.....,,..-......-.... jai ,c2 r ,-» xtu- urn ._....._,,.Recorder. it
,
/ "-.. / Recorder's Stamp
THIS DEED, Made this ----22nd---- y f
day of March--
in the year of our Lord one thousand i+
t nine hundred and seventy-two bitween
I, r..
I AUDREY M. ROTHARMEL II
I!
G` of the County of I;
State of Colorado, of the first part, and ll ,
DONALD 1 ., BOTI-iARME�, L and ,JOAN E. ItOtliARM !�;.1.
c\2 II
t^I
VO CO of the County of Weld If
n , and State of Colorado, of the second part : o
i
164 : I •
a . I WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ip
I
H I
a.. y.� . .....w.. . . .. . ..,... .,• _
u . i -- .'.12Gia.:..:;.. a.,.,lb'.ut_. as L,..1, n tint; j, ..•n P ""!1111t (IUU .. DOLLARS 1. _ ...
.-+ Ii to the said part y of the first part in hand paid by the said parties of the second part, the receipt I'
r-I I whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and quit I
O claimed, and by these presents dues remise, release, .sell. convey and quit claim unto the said parties of i .CI . the second part, their heirs and assigns forever, not in tenancy in common hut in joint tenancy, all the I
right, title, interest, claim and demand which the said party of the first part has ha nod to the I
N following described lot or parcel of hind situate, lying and being in the
tr'r , County of Weld anti State of Colorado, to-wit : I
t`I
IParcel No. I : Thu Northwest Cilia rtcr (NW i) of Section 'Thirty - two (32) excepting !i
a strip of land 20 rods whir off the South side thereof, in Township Seven (7) il
North, of Range Sixty- six (66) West , of the blh P. M . , Weld County , Colorado. iIi
II
Parcel No. 2 : All that part of the Northwest Quarter (N44' } of Section Thirty ,- I.
t W,r .',a'• Township nitwit ( 1) North. ,tI Runge Sixty - six 66' West , of the Uth I __ ______
P . ivi . • Weld County , Colorado, described ax I•oltows ; Beginning at a point on the Wesl Suction line of Section 32, .l6•10fen! south of Ihr Northwest corner of l j i
said Section, :tnrt on Ihr nor' It side of Illy ( treat Western itailwav richt -of-was : t
I thence North 8R" 50 ' East , '7t1I feel along said north side of right -of -way lit the
•I North and South haIf-section line of said Section; thence in a northerly direction I
along said half-section line, 320 feet ; (linnet. South Sib" 30' West, •,099 feet to the t
o
west section lino of said Section ; thence in a southerly direction along West line , I
307 . 5 feet to the point of beginning . `
I Parer ( No. 3: All that part of the Southwest Quarter (SW .h of Section Twt'nly-
; nine (29) , in Township Seven (7) North , of Range Sixty- six nt,Township } fro) West , of the td.h
L .
i.
! I'. M . • Wrld ('aunty , - Colorado lying; Sand) an.I . EasI of Ihr 1 .arittn• r• dudWrit' is
I Gana I . ,
I
TO HAVE AND 1'O HOLD the same, together with all and singular the appurtraances and privi-
loges thereunto belonging or in anywise thereunto appertaining, and all the estate, right. title, interest,
i and claim whatsoever of the said party of the first part. either in law or equity. unto the said parties I.
of the second part, their heirs and assigns forever,
I
I� IN WITNESS WHEREOF, The said part y of the first part has hereunto set her
ii hand and seal the day and year first above written.
-
.r Signed, Sealed ;tnd Dcliverrd in the presence of . .. . ::..:... • ' ISEAl. 1
.. -................S_............. .......
Audrey , k'et hnnowt
•
' . .. ..... .(vl:A 1.1
; 1 (SEAL)
I' STATE OF COLORADO .1 :
- County of Weld rs.
•
I
,
T1te. foregoipg instrument was acknowledged before me this 22nd day of March
19 ?≥ .•clip' ' Aftrey M . k°lhar111CI .
•. .r
•
-, iiii1'I4ESS ntpllwnd and official seal.
,,'34y connnlsstph,Qxpires July 9, 1972
. . Naar, Palls
No. 962 pIIIT CLAIM DEED.—Te Joint Tenants,
lltaJlon4R,•Mn.otl Printll+R G,n,pnttr, MIA.? "ant Ft.yd. Mnrrr, G.i,.n�1. •
--- -
Hello