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Home My WebLink About840729.tiff RESOLUTION RE: APPROVAL TO ISSUE BUILDING PERMIT ON AN ILLEGAL PARCEL OF LAND TO DWAYNE AND CAROL BOWEN 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, Dwayne and Carol Bowen have applied for a building permit on a parcel of land which has been divided in an illegal manner, said parcel being located in Part of the SE4, Section 5 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Section 13.C. (1) of the Weld County Subdivision Regulations states as follows: "Building permits, for construction on land divided in an illegal manner subsequent to the adoption of these Regulations, shall not be issued unless reviewed and approved by the Board of County Commissioners. . . " WHEREAS, after review and consideration of the testimony pre- sented in this matter, the Board deems it appropriate to allow the issuance of a building permit to Dwayne and Carol Bowen on said illegal parcel of land, solely for their use, and WHEREAS, the Board has been advised that several other per- sons own lots in Section 5, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, which are also illegally divided. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the issuance of a build- ing permit, solely for the use of Dwayne and Carol Bowen, be, and hereby is, approved. BE IT FURTHER RESOLVED that the Board recommends that those persons owning illegally divided parcels in the hereinabove stated area work with the Weld County Planning Department in order to resolve this matter. rto11106 , , ? ,BLDG PeR,7, 7 � 840729 CC C.it'P. Page 2 RE: BUILDING PERMIT FOR BOWEN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of May, A.D. , 1984. ��yyyy�� BOARD OF COUNTY COMMISSIONERS ATTEST:I� emmarane WELD COUNTY, COLORADO Weld County Clerk and Recorder ( � and Clerk to the Bo Norman. Carlson, Chairman a puty County lerk J u ine J nson- �� , Pro-Tem APPROV ' AS TO FORM: C (Q�"1{]M�Gv. Gene R. B antner County Attorney Chuckarlson Martin n T. Martin DEPARTMENT OF PLANNING SERVICES • PHONE 1303)3564000 EXT.404 *" a 5. 915 10TH STREET GREELEY,COLORADO 80631 April 23, 1984 • COLORADO 6-1 /X 1-9, Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631 Re: Request under Section 13 C. of the Weld County Subdivision Regula- tions. Dear Commissioners: The attached materials are in reference to a request from Mr. and Mrs. Dwayne Bowen to obtain a building permit on a parcel of land divided in an illegal manner. The parcel of land on which this request is being made is described as part of the SEA, Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately one and one-half miles northeast of Erie. The Bowens have submitted a letter dated April 4, 1984, which explains their reasons for making this request. A copy of Section 13 C. of the Weld County Subdivision Regulations has been provided by the staff. Section 13. C. contains the criteria that the Board must consider in this hatter. Based upon the submitted information and policies of the County the Department of Planning Services staff recommends that the request be denied for the following reasons: 1. Three illegal lots exist on the original parcel of land. The granting of a building permit on the illegal parcel would not be a solution to the problem of the illegal subdivision that has occured on the property. 2. The intent and purpose of the Subdivision Regulations of Weld County have been totally ignored by past owners of the property. Board of County Commissioners April 23, 1984 Page 2 It is the staff's understanding that the Bowens have not purchased the parcel under consideration and therefore the denial of the request would not create a financial hardship on them. Sincerely, 0..9W&C)SsE Chuck Cunliffe, Director Department of Planning Services CC:rg Enclosures • SECTION 13 VIOLATIONS AND PENALTIES A. Any subdivider, or agent of a subdivider, who transfers or sells or agrees to sell or offers to sell any subdivided land before a final plat for such subdivided land has been approved by the Board of County Commissioners and recorded or filed in the office of the County Clerk and Recorder shall be guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars for each parcel or interest in subdivided land which is sold or offered for sale. All fines collected under this paragraph (A) shall be credited to the general fund of the county. B. The Board of County Commissioners of the county in which the subdivided land is located shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell, or offering to sell subdivided land before a final plat for such subdivided land has been approved by the Board of County Commissioners. C. Building Permits (1) Building permits, for construction on land divided in an illegal manner subsequent to the adoption of these Regulations, shall not be issued unless reviewed and approved by the Board of County Commissioners. No building permit shall be approved by the Board of County Commissioners unless all of the following can be shown: (a) The parcel shall be accessible from an existing public road. (b) The parcel will have access to an adequate water supply; (c) The parcel will have access to an adequate means for the disposal of sewage; (d) The issuance of the building permit will not change the essential character of the neighborhood; (e) The procedure defined in this Section is not being utilized for the purpose of evading the requirements and intent of the Weld County Subdivision Regulations; and (f) The owner does not own a parcel of land adjacent to the subject parcel. 76 P.O. Box 473 Erie, Colorado 80516 4 April 1984 Weld County Planning and Zoning Centeeial Building Greeley, Colorado Dear Sir, In an effort to answer the questions about the piece of ground we are looking for a building permit for we have found these answers. The history of the groung as we know it is as follows. About 1975 two retired men bought 52 acres as their retirement home. They recorded off 5 acres for one of them to build a house and the other built on the remaining acrage. They then used the land by farming part of it in alfalfa, and raising worms. In raising the worms, they built a shed and put aside a portion ott the ground to be used as a worm farm. Then one of the men had a heart attack and they decided that farming was too much to do. They sold the worm business, but leased the ground that went with the shed. Part of the conditions of the sale of the worm business was that they would teach the new owners how to raise worms. They failed to do this and the new owners sued. The court settlement placed the leased piece of ground in the name of all parties. This was done so that the new owners of the worm farm would get their money back when the land was sold. Since all this has taken place the original two owners have left Colorado and one individual has died. (The one that died was a Mr. Conklin. ) The remaining acres have also been sold to different families. The county is now taxing four different families on four different parcels within the original 52 acres. 2 We found that this 3.08 acres of ground was for sale from neighbors. In contacting the lawyer handling the ground we were lead to believe this was an open piece of ground. This ground meets our needs as a family perfectly. It keeps our children within the same school system they have attended for eight years. It keeps our family with our friends and neighbors. It is priced so we can afford it. We are planning on building an earth home and this ground has a slight rise that would be perfect for such a horse. This piece of ground has been neglected for many years and has become a source of weeds, as well as a place for people to dump things. The shed has been vandalized to some degree and there is no real way to control that vandalizing. We have looked in the Erie area very extensively and can find to other piece of ground that so meets our needs. We want very much to stay within this area. We have lived here eight years and not only like the area, but have put down roots. In acessing this ground for a potential home site we have proof that the ground has access to a public road. This access is part of the deeded ground and opens directly onto Weld County Road 12. We also went to Left-Hand water and asked for a water tap. This has also been approved by the water company. There is no sewage system in the area, all homes here are on septic systems. We would also use that kind of disposal. As far as we are aware the original owners no longer own any of the surrounding ground. The owners to the south are Mr. and Mrs. Tony Gardella. The owners to the north are Mr. and Mrs. Charles Foster. The owners to the west are Mr. and Mrs. Koch. If we are given a building permit for this piece of ground it will help the area in the following ways. It will keep the weeds under control and we will be planting a permenant grass seed. We will keep the shed in repair, and stop the dumping in the area. We will add to the property value of the area. The county will receive revenue on a home site versus only an empty unused piece of ground. We will utilize the ground and it will not be 3 a wasted piece of ground. As it is now no farmer will pay the price for that samil a piece of ground to farm. The current neighbors don't need it, they have five acres. We have been lead to believe the only way the ground can become productive again is with the permission of the county commissioners. We are hoping you will look favorably upon our appeal. Thank You, Dwayne and Carol Bowen APR 0 41984 Weil Ca. P%milli Compissioa • • DISTRICT COURT Civil Action No. 79CV46N I �; CITY AND COUNTY OF DENVER `W STATE OF COLORADO 3''i JOHN C. JONES and ORVAL L. HORTNESS, Plaintiffs, vs. A. W. CONKLIN, PATRICIA CONKLIN, DONALD E. SMITH and FRANCES SMITH, Defendants. I . STIPULATION AND SETTLEMENT AGREEMENT , 1 ! COME NOW the parties hereto, individually and the hugh their respective counsel and hereby agree and stipulate that as a full and complete settlement and compromise of all claims either or ' I any party may have against the other arising out of the transactions at issue in the instant lawsuit, 1. The three acre parcel upon which the Worm Barn is ' situated and which is described on attached Exhibit A shall be conveyed by Warranty Deed by the Defendants and the building and land shall then be titled in the following names: A. W. Conklin, Patricia Conklin, Donald E. Smith, • Frances Smith and James Gilbert,as as Tenants Trustee John C. Jones and Orval L. in Common. 2. The subject property, including building and ,land : shall be listed for $30,000.00 with a reputable real estate , broker for sale. 3. Upon sale of the building and land the proceeds from such sale shall be divided as follows: A. Normal closing costs shall be paid prior to any other disbursements. B. John Jones and Orval Hortness shall receive the first $17 ,000 .00 of proceeds after payment of closing costs, with the balance of said proceeds going to the Defendants Conklins and Smith. Provided, however, that in the event that the property shall sell for an amount in excess 'of $30 ,000.00 , then the excess proceeds over $30,000 .00 • . -� I ir. jr I,I shall be divided 60% to John Jones and Orval Hortpess and 40% to the Defendants Conklins and Smith. ' 4. The property shall be sold for the highest offered price, but in no event less than the fair market value as determined by a real estate appraiser to be selected by Frederick Ginsberg and James Gilbert. - 5. The Defendants warrant and guarantee that the subject property is free and clear of all liens and encumbrances. Should any liens or encumbrances exist against said property, the Defendants shall be personally liable foc those liens and en- cumbrances. It is intended by this provision that the only, qigliI: payments to be made out of the sales proceeds shall be nor*all , ' closing costa and disbursements to the Plaintiffs and the Defendant8; and none of said proceeds shall be used to discharge any outstanding liens against said property. The Defendants further warrant and guarantee that the subject property contains at least three acres. 6. It is further agreed that each party hereto will dismiss any claims they may have arising out of the subject trans- action against any other parties hereto and that each party shall pay their own attorney' s fees, costs and other matters incident to this lawsuit. • 7. It is further represented by the Defendant Donald E. Smith that he has the authority to act for and On behalf of A. W. Conklin and Patricia Conklin. DATED this 0?__ day of J • . = , 1981. ' Fr- :er • k ftn j,• = .W , ; rt n . Jo e A. W. CONKLIN By ��,/�/e Orval L. iiOrtness l�� Donald E. Smith ' Doi�qç,t �/ E. Smith, PATRICIA CON�,IC�LIN By Prances Smith y), 'F. ORDER Tg S MATTER, coming on before the Court this , day of , 1981; upon the foregoing STIPULATION AND SETTLE AGREEMENT; and the Court being fully advised in the premises; DOTH HEREBY ORDER that the the above and foregoing Stipulation and Settlement Agreement shall become an Order of this Court. pC� DATED this (J day ofAt 44L--- , 1981. BY THE COURT: DISTRICT COURT JUD L -. • EXHIBIT A • • • • i �?•i,r r°�/r•r 4 ' .rl i .% ►n� ji • :I)Ct^/,1%�'' .YUUU� t • "fir•= ,, • c.'Ql•p' v'�f'C'r.�) i' ' 1 • •� • cJ;7 p I -4 % V ' �/� V v/.� • f.. .� • , N t° % d • I '6 • c} % • ,s� c 1 ltd G"�.p! j fi# I 4' Joo,o/ (,• r 0 .. _., ry:0D" • �'v • • A• -e/6•p • kb: . ,' s. __ • ! f' a9,S� • /42-o' ��L: A tract a?l �. G • �l/°D.,'" :0 t:•omorolo r l�,au ,iu the Co•:i'Gha Oa • o it t .. J T+uri o:i that �; %Z,O.O ' the 30 bI ouot 1/4 or Cac29.c�art ' r' ii hr'" a' '1 of U • .1i°1 Nu o I2°60 VI, e.x' the 6th 4144:> ' It { 'v ftD l %'-l�f��L�}plfjl!C'�Ugij;�20 not yip,. n• A �OUoI>ti iOt fns H u Vold Conn- ' c:, 5 acre t1'L'Sys'iirfOJUO�1j(fJ t • 5/n cr?bu;1 cu r'ellolr;l°]p`rc2cu1c1•y clo;,.. ty ! • c4 o hotanninG u� u point on ;: II,' 0 �r 5 lino of tho Coutheaot 1/4t or said dh • '.ti • t� I . . / from which the Jouth�•,oat • corno:.� toc� r said UUutYwuu'c ). diatom') or 77,19 foot, he ce55- a . . N°OUo00g10 77 1o�toto thence of b0o11n? the D Cue point : to the Loath l?neeoce IJ'°f19o55°E° Pnx�c�l ca le I r'<?�°YZ'L oa?d roc, 5 u cl3utancohat 72&aouai; ?./l,,p� , /G'5•©' thonco N°OUog5'tl, a a3ui:cno, 00 ;oo$�t''^oot thence U•8905i5°l9° • Parallo?• 02 eDCeu hoot/ . .• 11 Z 11130 or t13U dUUthto LC1 the ri0u� • .lad 1/4 oP• oaid Ce a distance) or '/19°6 fUUt I I `'c+ 9„U1ooc$u u Uluo e•5 V v a th1;loo a. I I � c wore orauuco or l':01035 i o {•,. o worn or soots to l. bthe true point o2 GI •unTy�a� 5949.6 6 • .._`�- in relation to Uo3 BULoNJ° I eeun usoa o?ul '• (;!11i IA it; II i' . • ✓%:• • • • • e, iii, • efifi /9t/s . .ilkal I .1AA) 1'\ ,A IRK :i( ' I'l., ) t (). _ A' . vA I • 1n .{ D. BON l) fN1 \1't➢ 1, CO I :OR AilD{) 8Ui; 1.1 Pi, d,u2 2188 , Jo 11,1-21)31 December 2, 1983 Dwayne s Carol Bowen 1904 Clemma Ct. Erie, CO 80516 RE: Tap Request # sea , dated November 16 1983 for Left Hand Water Supply membership. Your tap request has been reviewed by our engineer. His findings are as follows: one residential tap , as requested, has been allowed, subject to the following conditions and requirements: The tap must be made from Rd. 5. We have no maps showing the private line or any easements that you ask about. We suggest you check with County Clerk 6 Recorder. Requirements for membership are: 1 . Completed and signed membership application. 2. $1 ,000.00, plus $500.00 front footage fee (total of $1 ,500.00) or current fees at time of completion. 3. one share of Big Thompson water. If you wish to meet these requirements, please advise us within 60 days of this notice or the tap request will be forfeited. After we have the above items, the membership application will be presented at the Board of Directors' Meeting for their action. Our Board meets on the second Monday of each month. Thank you for your interest in Left Hand Water Supply Company. If you need any further information, please contact us and we will be happy to help you., incerely, Q ,lames M. 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