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Home My WebLink About870450.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 1013 - BRUCE AND BEVERLY SOLOMON 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 , at a public meeting held in the Chambers of the Board, consider the request of Bruce and Beverly Solomon for Recorded Exemption No. 1013 , regarding property which is located in part of the SW; of Section 28 , Township 5 North , Range 64 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, this request was to divide the property into parcels estimated to be approximately 8 acres and 2 acres, and WHEREAS, after hearing the testimony presented, and reviewing the recommendation of the Planning staff, a motion was made and seconded to approve said request for Recorded Exemption #1013 , and WHEREAS, on a roll call vote the motion to approve said request failed on a 2-3 vote, with Commissioners Brantner and Kirby voting aye , and Commissioners Lacy, Johnson , and Yamaguchi voting nay. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Bruce and Beverly Solomon for Recorded Exemption No. 1013 on the hereinabove described parcel of land be, and hereby is , denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted on the 3rd day of June, A.D. , 1987 . ��JJJyyy�� - �J `� f- BOARD OF COUNTY COMMISSIONERS ATTEST: ''r l4} �n i Q� r�/ WELD CO TY OLO DO Weld County Clerk CC and Recorder and Clerk to the Board Gord" a , 6 airman C.W" Kirby; Pro- m cm), puty County lerk APPROVED TO FORM: Gene R. Brantner J G7'" !/ Jne J, hnson County Attorney Frank amaguchi CC r '' 070450 DEPART 'NT OF PLANNING SERVICES PHONE(303)3564000 EXT.4400 915 10th STREET GREELEY, COLORADO 80631 I C. COLORADO June 3, 1987 Board of County Commissioners Daiff-57 Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #1013 Dear Commissioners: This request for a recorded exemption is submitted by Bruce and Beverly Solomon. The parcel of land on which this request is being made is described as the part of the SW} of Section 28, T5N, R64W of the 6th P.M. , Weld County, Colorado and is also described as Lot B of RE-83. The property is located approximately .5 miles south of Kersey on Weld County Road 53. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the 10 acre parcel into parcels of 8 acres and 2 acres, more or less. 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: The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. Recorded Exemption #83 was approved in October, 1973, for the Ni of SW} SW} of this section. This recorded exemption created two 10 acres parcels, more or less. In June, 1977, Recorded Exemption #264 was approved for the Si of the SW} SW} SW} and the SE} SW} SW} , A ten acre and a five acre parcel were created by RE-264. In March 1987, Recorded Exemption #979 was approved for part E} SW} of Section 28. This recorded exemption created a 65 acre parcel and a 10 acre parcel. Seven recorded exemptions and one subdivision exemption have been approved in the adjacent Section 29. The Department of Planning Services staff feels that sufficient justification has not been given to warrant exempting a lot at this time, and that in the immediate vicinity development has reached a level where continued division of parcels would evade the intent to the Weld County Subdivision Regulations. Increased residential development in rural areas necessitates an increase of public services, additional demands of expenditures for road maintenance, police protection, fire protection, and educational services. 870450 Board of County Commissioners RE-1013 Page 2 The applicant has failed to demonstrate that the proposal is consistent with the Weld County Comprehensive Plan. The fact that the parcel is .5 miles south of Kersey should not allow haphazard development to take place. As stated on page 1, of the Weld County Comprehensive Plan, the purpose of the Comprehensive Plan is for the . . . "general purpose of guiding the accomplishing the coordinated, adjusted, and harmonious development of Weld County." Although the Comprehensive Plan sets forth one of the intents of Recorded Exemption policy as to "enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite", the plan also states that "low density single family residential development may be permitted but is not. encouraged." The continuing residential development of this area of the County is clearly not consistent with the intent of the Comprehensive Plan or the purpose of the Subdivision Regulations which is "to assist orderly, efficient, and integrated development." The applicant has not demonstrated that the proposal is consistent with the intent of the Agricultural Zone district. Agriculture in Weld County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected residential land uses. The Agricultural Zone district was established `` & 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 other more intensive land uses. Respectfully submitted, � I L J.«GC( ✓ anell �anson Current Planner LJS:dy 870450 v __r 4588 Y 46/C2,,— • 1O• �� e Ga g5 >.. •�� 458/ �• v�-- ,\zsoUr _ II, • PLUMB DITCH 1 .... \ S8 1 0 a � _ 438/A - �56C n 4623 , - - - it - - � 0671 • •. . 4.594 Fi 462 _ y; I \ !�_ • • o \. N___ 1 ~Opp - e coo N— `\ \ Fq • �18 • a 17 \ 16 i , 15 a r e II • I• I• qi 4628 Guevel P ., 4623 I - 4614 2 Gravel P L37 y • •a__ . •. % •��•__v As°p I ' ( 19 c _� PACIFIC 1p UNION - -� 1II 21 •anishtir a�G6 �� tL 62s \ i i—� _ r-\ fe Village'' ..,. la usiON • i �.l _ b vim. p s.teb 11 I g %. --;* '. \ \ C-4i 2.......,...._, O P p. �� W 116 465 �v o y a i L. kcklV2� z$ �.�. 27 a j �� ,'U ®�� 4619 / \ 4-' Y: A ' ✓ <62O _ ayD N. n — 870450 p 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 -944 CASE NO. Vie-/0 /3 RECORDING FEE ZONING DISTRICT 4 (457,.0_,L ,,t,,„-Q>) RECEIPT NO. /, ��7S DATE q-aq-,4' 7 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 B, as shown on Recorded Exemption No. 0963-28-3-RE83, recorded October 5, 1974 in Box 701 under Reception No. 1622583, Weld County Records, being a portion of the 5W'/.of Section 28, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado TOTAL, ACREAGE: 10.045 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: Bruce W. Solomon Address: 25172 Weld County Road 53, Kersey, Colorado Phone: 352-3649 Names Beverly A. Snlmmnn _ Address: 25172 Weld County Road 53, Kersey, Colorado Phone: 352-3649 Name: Address: Phone: WATER SOURCE: Larger Parcel CWWD Smaller Parcel CWWD _ TYPE OF SEWER: Larger Parcel Septic Smaller Parcel SeotiC _ PROPOSED USE: Larger Parcel rural residentialsmaller Parcelrural residential ACREAGE: Larger Parcel 8 Smaller Parcel 2 ETISTING DWELLINGS: (Yes or No) yes (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 knowle e. AA(.4.-C. t,--, COUNTY OF WELD ) (' STATE 0>' COLORADO ) er -LzM t o Signatur Owner or Authorizes Agent ,i/ Subscribed 'and sworn to before me this ,iJ - day of /3fi{, / _, 19% 1; , i./ -. ,4 )(._ Y', /%, er"IrSWNr7.> 41( , Notary Publicc APR 2$ 1987 l_s L c, viz L,.:., /7J ( 7h/4: Weld Co. Planning Conlii&Sioo 870450 . To Whom it May Concern: We are applying for a Recorded Exemption to divide our 10 acre parcel into 8 acres with the present improvements and 2 acres of bare land. This is dry land, non-productive, and very sandy. We plan to sell the 8 acre parcel and keep the 2 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 be 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 projectetctby ache.1comprehensive plan of the County. The property in question is smg 1 Gated within a 3 mile radius of any municipality. ,U.4", d. 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 smaller 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 Central 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. �/ A4-4,t? /in-CD�>�c�L Bruce W. Solomon Beverly A. S lomon 810450 aWei CENTRAL WELD COUNTY WATER DISTRICT August 18, 1986 Mr. and Mrs. Bruce W. Solomon 25172 Weld Co. Rd. 53 Kersey, Co. 80644 RE: Water Service Dear Mr. and Mrs. Solomon: This letter is in response to your request for the availability of additional water service for the following described property: Lot B, as shown on recorded Exemption #0963-28-RE83, recorded October 5, 1974, in Book 701 under Reception #1622583, Weld County Records, being a portion of the SW% of Section 28,T5N, R64W of the 6th P.M. , Weld County, Colorado. Water service is presently available to the above described property by tap number 1013 Additional water service can be made available to this property provided all requirements of the District are satisfied . Central Weld County Water District requires that contracts be consumated within one ( 1 ) year from the date of this letter , or this letter shall become null and void unless extended in writing by the District . Very truly yours , CENTRAL WELD COUNTY WATER DISTRICT ti. „✓ K CV/ 44cL�,, Lorene G. Hirsch Office Manager LH/caa 870450 2235 2nd Avenue • Greeley.Colorado 80631 • (303)352.1284 • Dale D. Olhauaen,Secretary-Manager 4 i..:._�, \y Q ,' 1,• . YE tar 7:1 " /A/Iitg +! !L!,aoa! r pc i 1 t 't • s` 'n air A A ,'.2% Pinco:e:a.- Lo -I- A i ti •ec • pt occe.... I. 01 3 . A481•••12-013'w 1526. 14' ii 4, !vets li - - n Y/Gi�Y7,��i�i<y vi �� p�r�Std.?�►ch eretee N. 4 SI ' own road N. St ... k A106' file: Jrjl 3/3;1973 ti !': (Senoras: , rnf0. rbor/ f 4lrkre JGIerhert R704cn i En1®RAn®u WEIk Weld County Planning May 8, 1987 To Date_ COLORADO from e�Health Protection Services ,f Case Number: RE-1013 Name: Solomon, Beverly & B uce 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. AP/bks MAY 8 1987 Weld Co. Plarduns! cnmmssw 870450 r DEPARTMENT OF PLANNING SERVICES (4:-.4- e s PHONE(303)356-4000 EXT. 4400 915 10th STREET GREELEY,COLORADO 80631 r • CASE NUMBER RE-1013 COLORADO April 30, 1987 TO WROM IT MAY CONCERN: Enclosed is an application from Bruce and Beverly Solomon for a recorded exemption. The parcel of land is described as Lot B, RE-83, part of the SW} of Section 28, T5N, R64W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 miles south of Kersey. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by May 13, 1987, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. xx We have reviewed this request and find that the request 7 does (does/does not) comply with our Comprehensive Plan for the following reasons. e -C �1 ,e + ro 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our a I v town for the following reasons: o fl 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 7 5. / Please refer to the enclosed letter. ) r=/ Signed:, 'H r e , Agency: Town of Kersey Date: 5/ 0/87' 670450 FIELD CHECK FILING NUMBER: RE-1013 DATE OF INSPECTION: May 26, 1987 NAME: Bruce and Beverly Solomon REQUEST: Recorded Exemption LEGAL DESCRIPTION: Lot B, RE-83; part of the SW} of Section 28, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: On the east side of Weld County Road 53; approximately .5 miles north of Weld County Road 52 LAND USE: N Two residences within .5 miles; pasture E Pasture S Two residences, Weld County Road 52 W Five residences within .5 miles, pasture ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to this parcel is from Weld County Road 53 which is a paved road. Bye C n 11 J.frson Current P Snner 870450 , .,,,„, ,.. : i.,,,,t.,,, ., ,, / ,,.... ., ; ,..„ .,,, ,., , ., ,„ .. , .. ,:. ., k t,;,...: ,,, ,s,7,..,, . . .,.. ,,,,,, , „ ‘.,,, . , . .„ . 4 , ,7,-,,,f•!.., ..',, . . _ 4,,e... ,,,_ ., ., 4. !L� 'i. 'i FGY . i�r k.,„6,-** , ,,i,:-,, ,: . ,,,%„..,,..,,,,,,,: . . . ... i }},7, wit — .. q X >' i + 5..,,11 ,r,,, ,,-,7,„,ii -« .. rr r yY�� 7; ,;;„,..lik...,,ii,,,,f,„..,,,,,,,..;,•,,.„,,f,..11.,.:ii,,,„,,:, , ; . „,,4, - '" "" •, < .z 9 i r ,- a a, MaY 'h U� t ' ft „ q t —' f. 7 Fz�'a a ,t t� 1. "� k _ e � ti « I= r. ¢; r iii i � k i .s'= ,Ifi',. i . 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