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HomeMy WebLinkAbout870176.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 979 - MELVIN AND OLA FAE BRUG 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. 979 , does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 979 was submitted by Melvin and Ola Fae Brug for property which is located in the E' SW4, Section 28 , Township 5 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 65 acres and 10 acres. WHEREAS , the Board deems it appropriate to grant said request for a Recorded Exemption subject to the following conditions: 1) 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 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within 60 days from the date of approval; 2) A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations; and 3) Prior to the issuance of the required septic permit on the existing septic, an ISDS Evaluation must be received from the Weld County Health Department. 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 subject to the hereinabove mentioned conditions . 870176 Page 2 RE: RE #979 - MELVIN & OLA FAE BRUG The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of March , A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: %tit Ga z `- � fo ' r• WELD CO N OL ADO Weld County Cerk and Recorder and Clerk to the Board G r a , airman BY: �� Y/�/��,, EXCUSED ��,� C. Kirby, Pro-Tem Deputy dun y rkK. �/ ( APPROVED AS TO FORM: Gene . Br tner EXCUSED DATE OF SIGNING - AYE C-M7L. JacquOlne47 hnson JC i:i , County Attorney ✓ Frank Yamaguchi 870176 .e DEPARTM.JNT OF PLANNING SERVICES PHONE(303)356-4000 EXT. 4400 f 915 10th STREET GREELEY.COLORADO 80631 COLORADO March 11, 1987 • Board of County Commissioners \h`14; Weld County Centennial Center LV N 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #979 Dear Commissioners: This request for a recorded exemption is submitted by Melvin and Ola Fae Brug. The parcel of land on which this request is being made is described as the E} SW} of Section 28, T5N, R64W of the 6th P.M. , Weld County, Colorado. The property is located approximately .5 miles south of Kersey on Weld County Road 52. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 65 acres and 10 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 acre 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. 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 of the Weld County Subdivision Regulations. Increased residential development in rural areas necessitates an increase of public services, additional demands or expenditures for road maintenance, police protection, fire protection, and educational services. The Brugs purchased this 75 acre parcel and improved the existing dwelling with the intent of selling the house and acreage. This 75 acre parcel was created by Minor Subdivision #0963-28-MS-20 recorded November 27, 1972. 870176 Board of County Commissioners RE-979 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 and accomplishing the coordinated, adjusted, and harmonious development of Weld County." Although the Comprehensive Plan sets forth one of the intents of the 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 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 other more intensive land uses. Respectfully submitted, (Yo. Alt.( 09_ ju)---a-,-@_d- Lanell J. Swanson Current Planner LJS:dy r=i � CONDITIONS OF APPROVAL RE-979 Melvin and Ola Fae Brug 1. 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 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty (60) days from the date of approval. 2. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 3. An ISDS Evaluation by the Weld County Health Department shall be necessary prior to issuing the required septic permit on the existing septic. 870176 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Melvin and Ola Fae Brug Case No: RE-979 Legal Description: Part of the E} SW} of Section 28, T5N, R64W of the 6th P.M. , Weld County, Colorado. Larger Lot Size: 65 Acres ± Small Lot Size: 10.0 Acres ± Criteria Check List Meets Criteria Yes No X 1. Consistent with the intent of the zone district. X 2. Compatible with the existing surrounding land uses. X 3. Compatible with the future development of the surrounding area. X 4. Complies with Overlay District Regulations. X 5. Complies with minimum lot size requirement. X 6. Complies with the Weld County Comprehensive Plan. X 7. Consistent with efficient and orderly development. X 8. Lots accessible from an existing public road. X 9. Adequate water supply. X 10. Adequate sewage disposal in compliance with requirements of the Weld County Health Department. X 11. Lots are not part of a recorded exemption approved within less than five (5) years previous, are not part of a subdivision, or are not part of a Minor Subdivision. X 12. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. 870176 6588 1 •e 3 *k.....,-. q _ 4603 •.b C..) 9 G / �� 30UT .r O / 45B/ N FORK 1/41 ? 4600_—_li Dolt�r DITCH p� 068 _ .560 F' N 9594 4590-- ,__- �� _ - - - '•'y�j -\ e A. OL i . �I � 17 • 15 Ir II Ib ,-- X11• - 11 / t l 4 BM i Gravel P u// 4614 " 145.94 4 � :i— �� r �.�_vv w. •6�/ 11 1 , PACIFIC IBM I UN/ON 22 %" _� .I:ir • � 21 - Spa ish.i�a,��4606 BM - `t p. 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LL II s •2s •• !sY 44.•z>!✓ I ri"J ' axs • u..°/nom • n6 • • • • s Ix . f'„I /es • • a. •IS ' L/ I ]' ••, ' a0 4,a, ]a . ./. JIB •e `• _ ▪ ^ .� �{yp.=/ s .? Q p f° 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 CASE NO. RE Si 9 RECORDING FEE 1lC.ut 110.4 � Ja ZONING DISTRICT , � RECEIPT NO. �S3/ (re1��S3a � \./ g — DATE 1/2.4/44 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 Minor Subdivision No. 0963-28-MS-20, recorded November 27, 1972, Book 680 as Reception No. 1602487, being a portion of the East 1/2 of the Southwest 1/4 of Section 28, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado TOTAL ACREAGE: 75.218± 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: Mplvin Anna — Address: 25355 Weld County Road 53. Kersey. CO Phone: 352-8971 — Name: nla Fae Brug — Address: 25355 Weld County Road 53. Kersey. CO Phone: 352-8971 — Name: Address: Phone: — WATER SOURCE: Larger Parcel rwwn Smaller Parcel rwwn _ TYPE OF SEWER: Larger Parcel Cpptir Smaller Parcel Septic PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Rural Residential ACREAGE: Larger Parcel 65± Smaller Parcel 10+ _ 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 application are true and correct to the best of my knowledge. COUNTY OF WELD ) . STATE OF COLORADO ) /921/24/4-r-' orb (..-&-1„) 5 t_ / %`c y Signature: caner or Authorized Agent _ Subscribed and sworn to before me this mil/ day of , 19 (SEAL) �l �_/� 0�l,C' !/�ti/�c�C'/ cr��/!/( — No ry Public My Commission Expires c?'-i3O ?() sir 19.1W • r ■E • u s � 1 1 1 t_> 11 I 4 ,? Lzr r u, cR sa W-9 aat YVl-ft( Ca."..--S Olc( Crc..� o.a,.nsr. The owner of this property purchased the property for the land. If came with the old home in poor condition. They felt they would not be able to sell the home in its present condition so they remodeled it as shown in the "before and after" pictures enclosed. The interior of the home was in similar condition. They now wish to sell the home with 10 acres and keep the remaining 65 acres. The end result is that they have taken a run-down property and turned it into a very nice country home. 7k.e r-e,,,,. D t• z vt e-f- lc �` co...,-,!--F.e b,,.-f' 1i b-: f:,-, s by TAP o+Cl F-e6r“e.y. � .� 870176 We are applying for a Recorded Exemption to divide off 10 acres with the present improvements. We plan to sell this parcel. The land is rather marginal pasture land with sandy soil and includes a lot of seep. There is adequate county maintained road frontage for both parcels. This proposal is consistent with the policies of the Weld County Compre- hensive plan in that the uses and nature of the land wil 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 projected by the comprehensive plan of the County. The property in question is located within a 3 mile radius of Kersey, Colorado. 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 sytems 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, geologichazard, or Weld County Airport overlay district. This application complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance. Melvin Brug Cla Fae Brug 870176 I CENTRAL WELD COUNTY WATER DISTRICT January 21, 1987 Mr. & Mrs,.. Melvin Brug 25355 Weld Co. Rd. 53 Kersey, CO 80644 RE: Water Service Dear Mr. & Mrs. Brug: This letter is in response to your request for the availability of additional water service for the following described property: Lot A of Minor Subdivsion No. 0963-28-3-MS-20, being a part of the EISW1/4 of Section 28, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado Water service is presently available to the above described property by tap number 1154 . 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, CE RAL WELD COUNTY WATER DISTRICT Lorene G . Hirsch Office Manager LH/caa 870176 2235 2nd Avenue • Greeley,Colorado 80631 • (303)352.1284 • Dale D.Olbausen,Secretary-Manager E 5tO* Se:c. S- o Lo 4- A acres }.-0 4- I bdcres I 0 - a' hect ON 4) ` 870176 337 � 9`wd / Se7ts nry Rd r >: DEPARTMENT OF PLANNING SERVICES Y ` ttaip PHONE(303)356-4000 EXT.4400 915 10th STREET if A `� GREELEY,COLORADO 80631 • CASE NUMBER RE-979 COLORADO January 29. 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Melvin and Ola Fae Brug for a recorded exemption. The parcel of land is described as part of the E} SWi 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 1.5 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 February 13, 1987, so that we may give full consideration to your recommendation. Please call Lanell 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 does (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel thi's request (is/is not) compatible with the interests of our town for the following reasons: 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: 5. Please ref to the enclosed letter. Signed 2, 4't Agency: Town of Kerse Date: 2/14787 FEB 191987 13 ?(fl76 rJ Weld co. pigging Comaissioa , At‘n ♦ Y �7 1 [ i Y RP '`i � 1 „ 1 �c� I. P 40, j Weld County Planning February 10, 1987 To Date CO� � �� Health Protection Services W�iLTAJ:/V From Case Number: RE-979 Name: Brug Subject: _ Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Weld County Septic Permit is required for the septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An ISDS Evaluation will be necessary prior to issuing the required septic permit on the system. By Direction of Ralph R. Wooley, M.D. 8701'76 FIELD CHECK FILING NUMBER: RE-979 DATE OF INSPECTION: February 26, 1987 NAME: Melvin and Ole Fae Brug REQUEST: Recorded exemption LEGAL DESCRIPTION: Part of the E} SW} of Section 28, T5N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: North side of Weld County Road 52 between Weld County Roads 53 and 55 LAND USE: N Pasture E Oil and Gas/pasture S Corn field W Residence/oil and gas ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: 26441 Weld County Road 52 is the address of this property. Weld County Road 52 is a gravel road. By/ Q tle ef , 11 ai- ns-ce a 11 J. Slison Current PThn er 87C176 II",....,...,„,,,-:',.""'f',.."* .: . -. { { ,.... „ter ti. ' I .•� / 's °P ,� , r RE __ _ .-,,:::::i4,-,4„„ . " ''4 )1,'''''': ":';';:',:" T'''':4,I-.' 4;;:,:.; ,,,,,',„:,;!::;:::Ii:::".,"4;j it:4.; ''''' ',.'.:::':1-7,,.•-1,:—:.- "- ;',7":",`,.: ": :: ;4,0:'-';;;e: : ' I.!' 7, 7,4:4ti,,,'At- ' :A7". 7 7 ''1: ,7—,7 - '77.4• ' 7.,!:.71777*7" 7! ,i. r } i :wyr 4'''..,V',''.',1'34 .fir, ;',1!,4','7;,',„6.1N '' 'i I F„ jry n� d p 1, ypp art µ o • 77t7-1 j v, yr dC F3,d 7 2 h 3? d ! .7:7 -77',,,,'A,„' 7, 7'7:774:14,t,iti!4:4-„*! 0,7,7"7. !!7 .77'!" '. ! 'L77',.. ",':,r',„ , ,,„ : i '' C 3 L R �i } �' b _ , :: ` �__. rt ? ECORDED EXE 'M'PTION N2 096 28-3- RE 979 N.89°32'52"W. 1160.27' j -8 0 N M N N N LOT " B° lo N — 65.22±ACRES w 6 N O co N N P O O N.89°4729°W. Z • 288.53' N.89°3215211W. 165.00' LOT'A' SCALE: I"=4O0' (0.o0± ch cr • - FOUND PIN AC. o 4 d' • - SET PIN 3 - M O m O CS 0 O w 0 = W cii O N O o O O O O o S.W. COR. z o 28-5-64 T.eo.B Z t288.53' I W.C.R.52 ICJ .. I - -- '' 1325. 10' S.89°45' I3"E. 1325. 11' L60'RO.W. S. I/4 COR. 28-5-64 T. 5 N.- R.64 W. 20 --� 21 22 LOT "A" = 10.00# ACRES --- ' - _- -• I W.C.R. 54 LOT "B" = 65.22± A;CRES iI TOTAL = 75 .22± ACR^ES K.II LO 3I 28 OWNERS : 29 "' 27 MELVIN a OLA FAE BRUG m 1st "9$ A 25355 W.C.R. 53 "' KERSEY, CO 80644 U 3 � Lot / "/".! ( -.W.C.R 52 32 33 34 VICINITY MAP SCALE: I"= 2000' IOJ!ECT NO, I987-B9 FREESE ENGINEERING APRIL , 1....997 SWHEIETI0? 2 RECORDED . _ EX' '' MPTION N° 053 -28-3- RE 979 LEGAL DESCRIPTION (y \/ ��c err Lot "A" of Minor Subdivision No. 0963-28-MS-20, recorded November 27, 1972 in Book 680 as Reception No. 1602487 , being all of that part of the East Half of the Southwest Quarter (EiSW*) of Section 28, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: Beginning at the Southwest Corner (SW Cor) of Section 28, Township 5 North, Range 64 West of the 6th P.M. , and considering the South line of said Section 28 as bearing South 89°45'13" East, and with all bearings contained herein relative thereto; Thence Sotfth 89°45'13" East along the South line of said Section 28, 1325.0 feet to the TRUE POINT OF BEGINNING: Thence continuing South 89°45'13" East along the South line of said Section 28 , 1325.11 feet to the South Quarter Corner (Si Cor) of said Section 28; Thence North 00°00'21" East, 1314.49 feet; Thence North 89°32'52" West, 165.00 feet; Thence North 00°00'21" East, 1320 feet; Thence North 8?°^".'S2" ?lest 11 ,6.0.27 feet; Thence South 00°00'11" West, 2639.25 feet to the TRUE PUItIl' !)F Ft3?GItItTItlU. Said described parcel co;ftaiats 75.218 acres, more or less, and is subject to any rights- of-way or other easements us recorded by instruments of record or as now existing on said described parcel of Tana, LEGAL DESCRIPTION-LOT "A" • All that part of the East Half of the Southwest Quarter (EjSWI) of Section 28, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Southwest Corner (SW Cor) of said Section 28, and considering the South line of said Section 28 as bearing South 89°45'13" East, and with all bearings contained herein relative thereto; Thence South 89°45'13" East along the South line of said Section 28, 1325.10 feet to the TRUE POINT OF BEGINNING: Thence continuing South 89°45'13" East along the South line of said Section 28, 288.53 feet; Thence North 00°00'11" East, 1510.15 feet; Thence North 89°47'29" West, 2'88.53 feet; Thence South 00°00'11" West, 1509.96 feet to the TRUE POINT OF BEGINNING. Said described parcel contains 10.00 acres, more or less, and is subject to any rights- of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE set ster REE SF I hereby certify that I have prepared this legal description. R `l oi.xst' g. y JA P F <:o' Col. r do P.E, & L.S. 4392 s .;�tfeamE;:%2,r PROPERTY OWNERS' APPROVAL ';TATE pF .0�;.•' We, Melvin Brug and Ola Fae Brug, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. C i Me trip rug Ola Fae Brug The foregoing certification was acknowledged before me this gtif day of MM 1987 , by Melvin Brug and Ola Fae Brug. Witness my hand and seal. My Commission expires: 1I'dco-SIG Qh�it Noy Public COUNTY COMMISSIONERS' CERTIFICATE T7i MPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING. •? ~�A CHAIR#AN, BO RDJO F COUNTY COMMISSIONERS ✓� n �ti • ATTEST: **1 COUNTY ERK B1C- c c) , DATE:: c/ia/8 7 PROJECT NO.: 1987-59 FREESE ENGINEERING APRIL , 19$7 SHEET 2 OF 2 Hello