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Home My WebLink About810575.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 493 - JOHN AND KATHRYN MILLER. 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, on April 22 , 1981, the Board of County Commis- sioners of Weld County, Colorado held a public meeting in the Chambers of the Board of County Commissioners for the purpose of hearing the application of John and Kathryn Miller for Re- corded Exemption No. 493 on the following described parcel of land: That portion of the Southwest Quarter of Section 10, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Beginning at the Southwest corner of said Section 10; thence along the South line of the Southwest Quarter of said Section, South 89°59 ' 54" East, 806. 67 feet to the TRUE POINT OF BEGINNING; thence North 00°34 ' 54" East, 339. 54 feet; thence South 89°57 ' 34" East, 500. 00 feet; thence South 00°34 ' 54" West, 339. 20 feet to the South line of the Southwest Quarter of said Sec- tion; thence along said South line North 89°59 ' 54" West, 500. 00 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel is subject to a 30. 00 foot wide reservation for County Road along the Southerly side thereof. The above described parcel contains a gross acreage of 3. 90 acres more or less. WHEREAS, the Board of County Commissioners, at said meeting, was to decide whether or not the above described parcel of land comes within the purview of the definition of the terms "subdivi- sion" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, upon motion and second to approve said Recorded Exemption, the Board of County Commissioners voted 2-2 , the result of which is, in effect, a denial of petitioners ' application for a Recorded Exemption, and 010575 WHEREAS, the members of the Board voting against said motion to approve the Recorded Exemption feel that the intent and purpose of the Weld County Subdivision Regulations are being evaded by use the the Recorded Exemption procedure. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the application of John and Kathryn Miller for Recorded Exemption No. 493 be , and hereby is , denied due to the 2-2 tie vote of said Board. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of April, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS ATTEST: e " ' WELD COUNTY, COLORADO Weld County Clerk and Recorder ABSENT DATE SIGNED (No) anllerk to the Board uck Carlson, Chairman BY: al.ein,,Gezi //�(fx�� /' , dtai j}. (Aye) `' -Deputy County Clerk / Norman CCarlson, Pro-Tem \\ (APPROVE S FORM: A ///, t-y (Aye) adaevt\_/ C. W. Kirby / County Attorney (ABSENT) John T. Mr-etZe,ffitot (No) June K. Steinmark 815)575 DATE PRESENTED: APRIL 27 , 1981 DEPARTMENT OF PLANNING SERVICES PHONE (3031 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 April 19, 1981 COLORADO Board of County Commissioners Weld County, Colorado t 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #493 Dear Commissioners: The attached application, plat, and related items are in reference to a request from John and Kathryn Miller for a recorded exemption. The parcel of land on which this request has been made is described as part of the SW4, Secion 10, T6N, R67W of the 6th P.M. , Weld County, Colorado. This property is located ;4 mile east of the northern boundary of the town of Windsor at 9195 Weld County Road 70. The property contains approximately 3.90 acres of Class IV nonirrigated soils. The request is to split the property into parcels of 1.94 acres and 1.96 acres. The applicant has submitted a letter dated March 27, 1981, which sets forth the reasons why this request has been made. There is an existing residence located on the proposed Lot A. No improvements are located on the proposed Lot B at the present time. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services staff recommends this request be approved for the following reasons: 1. The request is in compliance with the policies of the Weld County Comprehensive Plan in that to minimize con- flicting land uses, residential development will be en- couraged to locate adjacent to existing towns and in accordance with the comprehensive plans and stated wishes of each community. The parcel of land is located adjacent to the incorporated boundaries of the Town of Windsor and is located in the Comprehensive Plan Area of Windsor. The Windsor Planning Commission has set forth no objections to this request. 810575 Board of County Commissioners April 19, 1981 Page 2 2. The request conforms with Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemption procedure) , and Section 3.3.A. of the Weld County Zoning Resolution (intent clause of the Agricultural Zone District) , in that the use will be compatible with surrounding agricultural uses. The parcel has a low utility for agricultural use due to the small size of the parcel and lack of irrigation. 3. The request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. The Department of Planning Services Staff has concerns regarding the issue of evading the intent and purpose of the Weld County Subdivision Regula- tions through the use of the Recorded Exemption Procedure. On December 17, 1975 Mr. Kruger obtained approval of a recorded Exemption on 10.88 acres to divide the property into parcels of 6.293 acres and 3.9 acres. On February 4, 1981, the Board of County Commissioners approved a request by Mr. Kruger to divide the 6.293 acre parcel into two parcels of 3.29 acres and 3.0 acres. The request under consideration today is whether or not to allow further subdivision of the 3.9 acre parcel. It is the opinion of the Department of Planning Services Staff that before approval of the recorded exemption is granted, the issue of evading the intent and purpose of the Weld County Subdivision Regulations should be dealt with to the satisfaction of the Board of County Commissioners. Respectfully, Vickie Trailer Assistant Zoning Administrator VT:rg e0575 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . RE. y93 APPL . FEE $ 3. p p ZONING DISTRICT A RECORDING FEE 4 .O o , 314, DATE -5.'3o . g\ RECEIPT NO . 11-11 .5.- APPL . CHECKED BY Cyr 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 : That portion of the Southwest Quarter of Section 10, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Beginning at the Southwest corner of said Section 10; thence along the South line of the Southwest Quarter of said Section, South 89°59'54" East 806.67 feet to the TRUE POINT OF BEGINNING; thence North 00°34'54" East 339.54 feet; thence South 89°57'34" East 500.00 feet; thence South 00°34'54" West 339.20 feet to the South line of the Southwest Quarter of said Section; thence along said South line North 89°59'54" West 500.00 feet more or less to the TRUE POINT OF BEGINNING. ACREAGE : Lot "A" 1.94 acres ; Lot " B" 1.96 acres ; Total 3.90 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes X No Are there any existing improvements on Lot A? Yes X No Lot B? Yes No x FEE OWNERS OF PROPERTY : Name : John O.P. Miller Address 9195 Co. Rd. 70 Phone 686-5271 Name : Kathryn L. Miller Address same Phone same Name : Address lil; Ascs. 8osso Phone WATER SOURCE FOR : Lot "A" North Weld Water Disv Lot " B" North Weld Water Dist. TYPE OF SEWER FOR : Lot "A" septic ; Lot " B" septic PROPOSED USE FOR : Lot "A" residential • Lot " B" 4672 `P ; 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 ) /(O7 S ' ature : wner 'or Authorized Agent Subscribed and sworn to before me this 2-1 day ?of 'l-L1a 19 $/ SEAL o ary ub is My omm sr ion expires : IL 810575 )e 9195 WRC #70 Windsor, Colorado 80550 March 27 , 1981 Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Sirs: I am enclosing my application to divide Lot B of recorded exemption number 087-10-3-RE109, which was approved on December 17, 1975. The Lot B parcel (Lot A) 6 acres subsequently broken down to 2 - 3 acres lots) comprises of just under four acres and is zoned agricultural. It is, however, totally unfeasable to use this property as farm ground. In a Weld County District Court hearing, civil action number 30225, the right to convey irrigation water to the property across adjacent land was denied. There is, there- fore, no method to convey irrigation water to the property. The property is located on the edge of the town of Windsor. The original ten acre property would, with the approval of this application, result in there being four rural agricultural lots on the original ten acres. ie. 2 x 3 acre lots and 2 x 2 acre lots requested here. The entire area is served domestic water by the North Weld County Conservancy District. It is prohibitavily expensive for an individual home owner to maintain four acres of property in a decent state of landscaping when paying domestic water prices for such land, as two 2 acre sites the quality of the area can be maintained. It is my opinion that should this request be denied the adjacent two acres on the proposed Lot B will become vacant ground. By spliting into two 2 acre parcels I believe the area will be maintained in a reasonable manner and will not cause any problem for the surrounding farming community. Sincerely, /hn 0. P. Miller Pt 0575 A L E GAL D SCRIPTIONpt ) )U _G^ --&)7 CASE N0. k ;r�. 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K 4 ry rd'µ�� FIELD CHECK FILING NUMBER: RE C{ q 3 DATE OF INSPECTION: NAME: ,15Ohn O.rLA MnY u. erteci\fie e REQUEST: LEGAL DESCRIPTION: '?4 S\& 4 Sar r(a , \O LAND USE: N c.IAyrk,rL t' w Qosk-usg. k Qm.sitiones. ZONING: N AQ �.ie.u. tkar.Q LOCATION: Kt ,M 4 o iL. .c -Rua_ E .J nor•Il e,r �ic .raa � s 4Ln s �i " T'nu)Y. LAS vxicar,c 'q 19 5 w eo•tad. O. COMMENTS : ProFalloc1 vsk $ CoO ak skK rct Ls-A-10 ( mec_s z 1 er Pt °Lc-pew-3 ko \rut pis4co Access exl]TS qnc Lok V "sr7n Ce: v r. R.a Ili tA0 l _ SUS 2 0.Ce ) . BY: lC]LLL v.-6,A (c r 804-79-011 el,0575 -.: ERRLL L] S . A-)?LI CANT John and Kathryn Miller _ 1 CASE r RE-493 REFERRALS SENT OUT O17: March 31, 1981 z U REFERRALS TO BE RECEIVED BY: April 15, 1981 U U O R, '-4 t-] O O = ti REFERRALS RECEIVED 1-4-ctt County Attorney �{ 1O -$ 1 County Health County Engineer - Ken Henschke Town of Windsor P.O. Box 627 Windsor, Colorado 80550 • X145'75 Weld County Health Department BOARD OF HEALTH Fran Christensen, Eaton A . Dominguez,Jr.,JO,Greeley 1516 HOSPITAL ROAD Robert Drennan. PhD,Greeley John P.Cullen, M.D. Annette M. Lopez,Greeley Acting Medical Director GREELEY, COLORADO 80631 Kathleen Shaughnessy, PHN,Ault (303) 353-0540 Lois Smee. EDP, Ft. Lupton Arthur G.Watson, Platteville April 10, 1981 David Working, DOS, Greeley John M. Wheeler.Greeley TO: Vickie Traxler, Asst. Zoning Administrator FROM: Ronald K. Stow, Acting Director - Environmental Health it RE: John and Kathryn Miller - RE - 493 Application must be made to Environmental Health Services Weld County Health Department, for any septic systems for proposed residences at the lot to be divided. Otherwise, after reviewing this proposal, we find no other conflicts with our interests. ( '. 810575 Hello