HomeMy WebLinkAbout870568.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 1028 - EUGENE L. ABBOTT,
JR. , AND VIRGINIA MANTLE
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) , CRS , as amended, did
determine at a public meeting held in the Chambers of the Board,
that a certain parcel of land, to be divided into two parcels , as
shown on the plat known as Recorded Exemption No. 1028 , does not
come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 1028 was
submitted by Eugene L. Abbott, Jr. , and Virginia Mantle for
property which is decribed as Lot "A" of Recorded Exemption #43
and located in part of the SE* , Section 18 , Township 6 North,
Range 64 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
WHEREAS, this request is to divide the property into parcels
estimated to be approximately 5 acres and 10 acres .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land be, and hereby is , exempt from the
definition of the terms , "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the applicant submitting 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 drawn in
accordance with the requirements of Section 9-2C. (4) of the Weld
County Subdivision Regulations . The plat shall be submitted
within sixty days from the date of approval by the Board of County
Commissioners .
87056E
Page 2
RE: RE #1028 - ABBOTT AND MANTLE
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 8th day of
July, A.D. , 1987 . BOARATTEST : -_ e 'Q yr/ WELDDCOFNCO, lLORADOGSIONF.RS_59Weld County Clerk and Recorder (NAY)
and Clerk to the Board G y rman
_ � (AYE)
BY: � C. . Kirby, Pro•-T m
ep�iCoun y r erk
-AnC (AYE)
APPROVED TO FORM: Gene R. Bran neaE r
(7, --' EXCUSED
\�Vy U Jac li JohnsoryT�
County Attorney �� X4'!'1/// (AYE)
Frank Yamaguchi
870568
DEPARTI.,dNT OF PLANNING SERVICES
0-0 (1/ ‘tz,
PHONE(303)356 4000 EXT.4400
91515 10 10thh STREET
1
GREELEY, COLORADO 80631
C.
COLORADO
July 8, 1987
Board of County Commissioners
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #1028
Dear Commissioners:
This request for a Recorded Exemption is submitted by Eugene L. Abbott,
Junior, and Virginia Mantle. The parcel of land on which this request is
being made is described as Lot "A" of Recorded Exemption #43, and being part
of the SE} of Section 18, Td4I, R64W of the 6th P.M. , Weld County, Colorado.
The property is located not#i of State Highway 392 and west of Weld County
Road 51. The parcel of land under consideration is the total contiguous
land owned by the applicant.
The request is to divide the property into parcels of 5 acres and 10 acres,
more or less. In 1973, a Recorded Exemption was approved on a 40 acre tract
which created a 25.050 acre tract and the 15 acre tract which is being
considered. To date, the 25 acre tract and the 15 acre tract both have a
residence located on them. This request is to further divide the 15 acre
tract into a 5 acre parcel with an existing dwelling and a 10 acre parcel.
The applicants wish to construct a dwelling on the remaining 10 acre parcel.
The Department of Planning Services Staff has concerns about the level of
development and the potential for continued divisions of the subject's
parcel and of property within this area. It is the opinion of the
Department of Planning Services' Staff that sufficient justification has not
been given to warrant exempting an additional lot at this time and that in
the vicinity development is reaching a level where continued division of
parcels will evade the intent of the Weld County Subdivision Regulations.
ale""fir
87356 8
er
Board of County Commissioners
July 8, 1987
Page 2
The Agricultural Zone District was established to maintain and promote
Agriculture as an essential feature of Weld County. It is intended to
provide areas for the conduct of agricultural activities without the
interference and encroachment of more intensive land uses. The approval of
this request will allow for the potential of an additional residence not
presently allowed under the existing land-use regulations. Increased
residential development in rural areas, at some point in time, requires an
increase of public services, additional demands or expenditures for road
maintenance, police protection, fire protection, and educational services.
Additionally, rural residential development reaches a level where it begins
to interfere with and encroach upon the agricultural activities. The time
to realize the significance of such possibilities is now, and should be
considered by the Board as it reaches a decision on this request.
The staff requests that the Board of County Commissioners consider the
application and determine if the standards of Section 9-2E (1) (a) through
(m) have been met.
Respectfully Submitted,
ee t . Schuett 4el' r"
Current Planner
KAS:dy
870568
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ADMINISTRATIVE REVIEW FLOW SHEET G
CASE # /Qn p
APPLICANT: Q/elred4/1 L. ,Mftc7/. T/'
REQUEST:
P."
LEGAL: ids, Ask /cf.— 1 74'
LOCATION: rX G MiligS FAi'cP 4,en/di 64/ "he ,Ai // ._<,/c pt -s/14✓
Date By
Application received 4/75/1-7
Application complete ‘2/11-1/47
Letter to applicant drafted hie/
Referrals listed /F9
File
File assembled
- to-8'7
Letter to applicant mailed _ 10 _
Referrals mailed
Chaindexed
6 --`Y7
DPS recommendation drafted 7 o2/Q; , 1≤
Administrative Review decision: j J ) l -
� Cl
History card completed
COMMISSIONERS' HEARING DATE: VC3/4- 2 Date By
Air photo and maps prepared 7/7 /c7
Field check by DPS staff /
CC Action:
CC resolution received
History card completed
Recorded on maps and/or filed
870568
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE 2Oo,1
CASE NO. RECORDING FEE
ZONING DISTRICT RECEIPT NO. l56-ail _
DATE APPL. CHECKED BY
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: Lot "A" of Recorded Exemption No. 0801-18-4-RE43, according to the
map recorded April 18, 1973 in Book 690 as Reception No. 1611548 and the Supplemental
Plat of the same, recorded October 30, 1975 in Book 751 as Reception No. 1673438, Weld
County Records, and being a part of the SE% of the SE% of Section 18, Township 6 North,
Range 64 West of the 6th P.M. , Weld County, Colorado.
TOTAL ACREAGE: 15 acres
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes xx No
Is this parcel of land under consideration the total contiguous land owned by the
applicant? Yes xx No
FEE OWNERS OF PROPERTY:
Name: Eugene L. Abbott. Jr. —
Address: 33059 Weld County Road 51 . Greeley. CaloradoPhone: 356-2105 _
Name: Virginia Mantle —
Address: 33059 Weld County Road 51 , Greeley_ Colorado none: 356-2105 _
Name:
Address: Phone:
WATER SOURCE: Larger Parcel NWWD Smaller Parcel NWWD _
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic _
PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Rural Residential
ACREAGE: Larger Parcel 10 acres Smaller Parcel 5 acres _
EXISTING DWELLINGS: (Yes or No) no (Yes or No) yes _
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within this applicatil
G ZG are true
and correct to the best of my knowledge. /� /,a � 1
j (/
COUNTY OF WELD /
STATE OF COLORADO )
S 6" 12 `) i�
a re: Owner or Authorized Agent
Subscribed and sworn to before me 'this day of 7 , 19
(SEAL)
// 1,,77
Notary Public „'fC L 7c //. . c<,
i
My Commission Expires !// r� - � / 1 '� dk
870568
We are applying for a Recorded Exemption to divide our 15 acre parcel into 5
acres with the present improvements and 10 acres of bare land.
We plan to sell the 5 acre parcel and keep the 10 acre parcel for a future
home.
This proposal is consistent with the policies of the Weld County Comprehen-
sive plan in that the uses and nature of the land will not be changed by
this process.
The land now in question is zoned agriculture and shall remain with primary
agriculture use,thus insuring the proposal is consistent with the intent of
the zone district in which the subject property is located.
Uses that will he permitted are limited to those permitted by the County
agriculture zoning ordinance which includes crop, pasture, and limited
animal husbandry. This is compatible with existing surrounding land uses as
these are presently engaged in the same uses.
The uses permitted will be compatible with the future development of the
surrounding area as permitted by the existing zone and with future develop-
ment as projected by the comprehensive plan of the County. The property in
question is not located within a 3 mile radius of any municipality.
This proposal will not be inconsistent with efficient and orderly develop-
ment as possible development will involve only one, one-family residence
being added to the larger parcel which will not increase the density of the
surrounding area.
Sewage disposal methods are septic systems in the area, which have been
shown to be effective in the area. The North Weld Water District does
provide service to the area and will provide a tap for the parcel.
The property under consideration is not located in a flood plain, geologic
hazard, or Weld County Airport overlay district. This application complies
with section fifty (50) , overlay district regulations as outlined in the
Weld County Zoning Ordinance.
V' a MantYe Eugene . Abbott, Jr.
870568
TG14328 WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
•
STATE OF COLORADO)
COUNTY OF WELD )
The WELD COUNTY TITLE EIODURCIOIDEMM8AX8WSb
COMPANY hereby certifies that is has made a careful search of its
records , and finds the following conveyances affecting the real
estate described herein since August 30 , 1972 .
LEGAL DESCRIPTION :
Lot "A" of Recorded Exemption No. 0801-18-4-RE43, according to the map recorded
April 18, 1973 in Book 690 as Reception No. 1611548 and the Supplemental Plat of the
same, recorded October 30, 1975 in Book 751 as Reception No. 1673438, Weld County
Records, and being a part of the SEk of the SEk of Section 18, Township 6 North,
Range 64 West of the 6th P.M. , Weld County, Colorado.
CONVEYANCES ( if none appear , so state ) :
Reception No. 1583230 , Book 661
Reception No . 16713748 , Book 707
Reception No . 1678749 , Book 707
Reception No . 1673646 , Book 75,
Reception No . 1927839 , Book 997
Reception No . 1962527 , Book 1026
Reception No . 2000511 , Book 1060
Reception No . , Book
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County , Colorado .
This Certificate is not to be construed as an Abstract of Title nor
an opinion of Title , nor a guarantee -Title , and the liability of
WELD COUNTY TITLE COMPANY is hereby limited to
the fee paid for this Certificate .
In Witness Whereof , WELD COUNTY TITLE COMPANY
has caused this certificate to be signed by its proper officer this
7th
day of MAY , A . D . , 19 87__., at 7:00 A.M.
WELD COUNTY TITLE COMPANY
COMPANY
-711‘
BY al 1 L�X� liVA
AUTHOR D SIGNATURE 1(71
870568
BOARD OF DIRECTORS
ERNEST TIGGES *' 4 NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH M�
ROBERT ALKIRE •
r� HIGHWAY 85 LUCERNE,COLORADO 80646
GARY SIMPSON LYLE NELSON,MGR.
W.M.McKAY 7
C-_ -- P.O.BOX 56 - PHONE 356-3020
May 12, 1987
RE: Water Service: Virginia Mantle & Eugene Abbott
Dear Sirs ,
This letter is in response to your inquiry regarding water service
to the following described property :
33059 WCR 51 Sec. 18-6-64
Meter #1431
1 . X Water service is presently being provided to the above
described property.
2 . X Water service can be made available to the above
described property provided all requirements of the
District are satisfied.
If contracts have not been consumated with North Weld County Water
District within one year from date of this letter , this letter shall
become null and void .
Additional comments :
Sincerely ,
NORTH WELD COUN Y ATER DISTRICT
L e D . Nelson , Manager
LDN/wb •
870568
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87468
REFERRAL LIST
APPLICANT: Eugene L. Abbott CASE NUMBER: RE-1028
SENT REFERRALS OUT: June 10, 1987 REFERRALS TO BE RECEIVED BY: June 24, 1987
NO SR NR NO SR NR
County Attorney
L/ X Weld County Health Dept.
Engineering Department
County Extension Agent
Office of Emergency Mngmt
State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, CO 80203
_ State Highway Department
1420 2nd Street
Greeley, CO 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
_ City of Greeley Planning Department
919 7th Street
Greeley, CO 80631
Tri Area Planning Commission
P.O. Box 363
Frederick, CO 80530
NO=No Objection
SR=Specific Recommendations
NR=No Response
870568
DEPART =NT OF PLANNING SERVICES
( PHONE(303)356-4000 EXT.4400
915 10th STREET
1 GREELEY,COLORADO 80631
C.
COLORADO
June 10, 1987
Mr. Eugene L. Abbott
33059 Weld County Road 51
Greeley, CO 80631
Dear Mr. Abbott:
Your recorded exemption application is complete and in order and will be
processed by our office on or before July 8, 1987. If it is determined that
the application meets the approval criteria of Section 9-2 E. (1) (a)
through (m) of the Weld County Subdivision Regulations, you will be
notified that the recorded 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 at least a week
prior to the hearing. The Board of County Commissioners will then consider
your application and make a final decision on the recorded exemption.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
Schuett<<��' ' ����`��'
Current Planner
RAS:rjg
870568
t,60 mEmoRAnDun i
wok To Weld County Planning
Date June 19, 1987
L.,'
�p� ,,' '
COLORADO From
Health Protection Services ^� ��,% �'c`Z
Case Number: RE-1028 Name: Abbott, Eugene L.
Subject
Health Protection Services has reviewed this proposal and recommends for
approval, subject to the following condition:
1. Weld County Septic Permit is required for the proposed home
septic system and shall be installed according to the Weld
County Individual Sewage Disposal Regulations.
i
JUN .? 9, 1987
.1)
870568 Weld Co. Phonmk Cnmmissioa
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