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
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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 ?()
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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
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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
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? ECORDED EXE 'M'PTION N2 096 28-3- RE 979
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--- ' - _- -• I W.C.R. 54 LOT "B" = 65.22± A;CRES
iI TOTAL = 75 .22± ACR^ES
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28 OWNERS :
29 "' 27
MELVIN a OLA FAE BRUG
m 1st "9$ A 25355 W.C.R. 53
"' KERSEY, CO 80644
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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
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