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Home My WebLink About850998.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 804 - THOMAS J. AND EVELYN M. FUXA (STANLEY DAKOLIOS , PROPERTY OWNER) 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. 804 , does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 804 was submitted by Thomas J. and Evelyn M. Fuxa for property, currently owned by Stanley Dakolios, which is located in part of the E§ SEi , Section 2 , Township 2 North, Range 67 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 71 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. 850998 �� 7 i, Page 2 RE: RE #804 - FUXA The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D. , 1985 . �j t -/- BOARD OF COUNTY COMMISSIONERS ATTEST: ('.f/�nv� Q�•�`, WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacqueline Johnson, Chairman EXCUSED DATE OF SIGNING (AYE) eputy Gene R. Brantney, Pro-Tem e County lerk (AYE) APPROVED AS TO FORM: C.W.CR rb� (NAY) G d . La C4`Qv Cou y Attorn yY1i��1/� E) Frank a g $5cA98 DEPARTMENT OF PLANNING SERVICES ( PHONE(303)356-4000 EXT.4400 ti O5 10th STREET � GREEIEY, COLORADO 80631 iiiiipe COLORADO December 11, 1985 'tic Board of County Commissioners �\ ^ ,.� Weld County Centennial Center F' 915 Tenth Street / /e Greeley, CO 80631 Uf Re: Recorded Exemption #804 Dear Commissioners: This request for a recorded exemption is submitted by Thomas J. and Evelyn M. Fuxa . The parcel of land on which this request is being made is described as part of the E} SE} , Section 2, T2N, R67W of the 6th P.M. , Weld County, Colorado. The property is located 3 miles southwest of Platteville, west of Weld County Road 23. 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 5.459 acres and 71.219 acres, more or less. Mr. and Mrs. Fuxa sold all of the subject property to Stanley Dakolios in October of 1985. Mr. Dakolios proposes to retain both parcels A and B. The larger parcel will remain in agricultural use, as a dairy operation and for crop production. The smaller parcel is idle land, and the new owner wishes to build a personal residence on it. The parcel identification map indicates that the immediate area is composed of many large lots, ranging from 40 to 160 acres in size. A field inspection revealed that eight homes presently exist within one-fourth mile of the site. 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 the intent of the Agricultural Zone district nor does it comply with minimum lot size requirements. The maximum lot size in the Agricultural Zone district is 80 acres for irrigated land and 160 acres for dryland. The existing 76.678 acre parcel was part of a landsplit recorded in 1980 (Lot B, Recorded Exemption 439) creating a residential home site on Lot A. Sufficient justification has not been given to warrant exempting another lot at this time. 75099t Board of County Commissioners December 11, 1985 Page 2 - The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. The subject site is 3 miles from an incorporated municipality and is surrounded by parcels which are 40 acres or larger in size. The creation of additional small parcels at this location does not represent prudent planning for the future. Because the applicant intends to retain ownership of both Lots A and B, it is the opinion of the Department of Planning Services staff that the creation of 2 separate legal parcels is not the most desirable remedy to satisfy Mr. Dakolios' request. The staff could support Mr. Dakolios' proposal if the following procedures were used to accomplish the requested additional building site. - A Subdivision Exemption for designation of a 5.459 acre homesite, created for financing purposes only. - A Zoning Permit for an Accessory Dwelling reclassifying the present residence associated with the dairy operation. The applicant's proposed residence would be the principal dwelling on the property. Respectfully submitted, r Glori V. Dunn Cur nt Planner 850ce FIELD CHECK FILING NUMBER: RE-804 DATE OF INSPECTION: December 4, 1985 NAME: Thomas J. and Evelyn M. Fuxa REQUEST: Recorded Exemption on 76.678 acres LEGAL DESCRIPTION: Pt. E} SEl of Section 2, T2N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles southwest of Platteville, west of Weld County Road 23 and north of Weld County Road 24. LAND USE: N Weld County Road 2471, residence, farmland E Weld County Road 23, 3 residences, low-lying farmground S Weld County Road 24, farmland, residence W Farmland, dairy, 2 or more residences, oil and gas facilities ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Accesses to the subject property are from Weld County Road 23, and Weld County Road 24}, both paved. A dairy (not presently in operation) and house exist on the northeast corner of the site. The area to the west of Meadow Island Ditch is farmed. The area proposed to be split is idle land and is located south of a previous 2 acre split from this parcel, which was recorded in 1980. Nine residences are located within 1/4 mile of the site. • By: Gloria Dunn Curren lanner F5099? A'-'' x) ..11 r ' 11 :I. ( zx pd ') x./ a r•i zo ^�rx.4_iJrT j ** ill xa 25 jx• I a• 4, P•°."�'✓��,'/� as • a) / / .. • �ti• .•�I ILL..:,..?•••_ 1 • " .e.JT:' e 2 . .. �i . by. •.." 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Fuxa CASE NUMBER: RE-804 SENT REFERRALS OUT: September 16, 1985 REFERRALS TO BE RECEIVED BY: October 11, 1985 NO SR NR NO SR NR County Attorney 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 V X Platteville Planning Commission c/o Rosa Miller Verbal P.O. Drawer 70 Platteville, Colorado 80651 X Meadow Island Ditch Co. c/o Dearal Beddo 11154 Highway 66 Platteville, CO 80651 NO=No Objection SR=Specific Recommendations NR=No Response 8So99S r- A. .ICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 1Oth Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE 15c& . CASE NO. ("F 5� r) / RECORDING FEE ZONING DISTRICT `��P ,t RECEIPT NO. DATE 9- /3 {-(1.5 APPL. CHECKEj) 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, AMENDED RECORDED EXEMPTION NO. 1311-02-4-RE 439 PART OF THE EAST (HALF, SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO. TOTAL ACREAGE: 76.678 ACRES Has this property been divided from or had divided from it any other property since August. 30, 1972? Yes XX(RE439)No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes NoXXAPPLICANT ALSO OWNS LOT A OF AMENDED RE 439 FEE OWNERS OF PROPERTY: Name: THOMAS J. AND EVELYN MAXINE FUXA Address: 11383 WELD COUNTY ROAD NO. 23, FORT LUPTON, COPhone: 785-6391 6t'/SCOX/A.e 4 80621 Name: Address: Phone: Name: Address: Phone: CENTRAL WELD WATER WATER SOURCE: Larger Parcel DISTRICT Smaller Parcel TYPE OF SEWER: Larger Parcel SEPTIC Smaller Parcel SEPTIC PROPOSED USE: Larger Parcel EXISTING DAIRY Smaller Parce1RESIDENTIAL TRACT ACREAGE: Larger Parcel 71 2l9 A,/ Smaller Parcel 5.459 Ac. EXISTING DWELLINGS: (Yes or No)HOUSE & BARNS (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 knowledge. COUNTY OF WELD ) `' STATE OF COLORADO ) yri//CCis *; Signature: Own or uthorized Agent Subscribed and sworn to before me this 13 day of S.O 4\ , 193. (SEAL) k\v t,r.c No ary Public My Corn,*s n 11,C-es Feb. 13, 1989 My Commission expires: gso99 S' S Art/re") -- Jz f- - ey ") . 83 g Cl ,(Rat) -cI6.6_ _6-. . .‘ t� _w(Lt% • 791 ) cx44--6,ba a 4 4c j iru _co%-tc-�' , i a-€2 trice 6-mi 750998 RECORDED EXEMPTION NO. SHEET 2 OF 2 t___ ,.� A \ , � IIv \ -C >> AV °eso M � �. 10 V1 COI ..f, L _ i ♦ c. 9 ( _ 2. "�7 1 3 Les"ice ' \`.) 1 M 0' 200' 400' 62001 01010' o . -_i.- ' t� , , s• i Scale : 1"= 400' :3b7 .;: <. <� �� Rid 2�t 7837, PINS POUND iP - 2 2/�7 J7 W° '' o vlNs SET LOCATION MAP SCALE: 1"=2000' A/.W. Cor. eVz 5'E'/4 4. 24 vz $ee.2, T. .d R.2 , G7W� Weld Coady Road 989° 49' 39" E /3/2.37' SEod QLHr✓er Corner � __5- Sec. 2, T. 2N., R 67W \ I - - - - I —— -1162. 13 N n e47e, i3.. �O @ e�' • a,B.ki I I �9 S xe Ma vP 41 I ' Lot A Amended LOr A plc)N 5' RE 439 5.45 9 Ac. (5rDss) O - 0. 62/ Ac. (R..Q..) QS 4, 838 Ad. (del) 5'69'23/3"'E ° 2/6.00' A 490.32' N24°/6'29"W 389°23'/3"E I 1T) 268./7' S • N I N2G°20, 30•.W ' 238.07' t I d- ° N� Itil Q oa o Q W = N29°08'00W N � 543.26',Svc h I % Lol B 0 7/ 2/9 A . Cross) ' I Q - 2. 622 Ac.CR•O.W) 613. 597/4e. (net) ' ItCS � cn 11 NN 0' a ti A_-- -- -- — SSov✓hems/ comer SQ'r. 2, T 2.�L, RG7W - - N 89°34'00" W/2 95.39 Weld Coun4y Road ✓tlo. 24 II II 850998 McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 PROD. No. 8$✓93 • 4"L , RECORDED EXEMPTION NO. DATE : SEPTEMBER 13, 1985 SHEET I OF 2 OWNERS : THOMAS J. AND EVELYN MAXINE FUXA 11383 WELD COUNTY ROAD 23 FORT LUPTON, COLORADO 80621 LEGAL DESCRIPTION LOT B, AMENDED RECORDED EXEMPTION NO. 1311-02-4-RE-439, BEING PART OF THE EAST HALF OF THE SOUTH- EAST QUARTER, SECTION 2, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO. OWNERS' CERTIFICATE WE, THOMAS J. AND EVELYN MAXINE FUXA, BEING THE SOLE OWNERS IN FEE OF THE ABOVE-DESCRIBED PRO- PERTY DO HEREBY DIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. THOMAS J. FUXA EVELYN MAXINE FUXA NOTARIAL CERTIFICATE THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D, , 1985. WITNESS MY HAND AND SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION; AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. •' ` r ,I ie a // . � r GERALD B. McRAE, PROFESSIONAL ENGINEER AND r) N * , LAND SURVEYOR, COLORADO REG. NO. 6616 WELD COUNTY CERTIFICATE • sty THE PLAT IS ACCEPTED AND APPROVED FOR FILING. DEPARTMENT OF PLANNING SERVICES DIRECTOR NOTARIAL CERTIFICATE THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,A.D. , 1985. WITNESS MY HAND AND SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC $5099$ • McIlAE & S110R T, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Pn0J NO 85193 `t WELD COUNTY -4 CjERTIFICATE OF CONVEYAN_..S DEPARTMENT OF PLANNING SERVICES e _ // STATE OF COLORADO ) COUNTY OF WELD ) r The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it 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 B of Amended Recorded Exemption No. 1311-02-4-RE 439 , recorded May 17 , 1985 in Book 1069 as Reception NO. 2010042 , being a part of the Ei of the SEq of Section 2 , Township 2 North, Range 67 West of the 6th P.M. , WELD COUNTY, COLORADO. CONVEYANCES (if none appear, so state) : Reception No. None , Book Reception No. - , Book Reception No. , Book Reception No. , Book Reception No. Book Reception No. _ , Book Reception No. , Bock 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 TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to he signed by its proper officer this 27th day of August _ , A.D. , 19 85 . at 7: 45 A.M. _ o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY e By: cQc AUTH RIZE SIGNATURE Ct � g5o992 ! i it I .mDrsos �, as 24 O/LC..s 4&.. / \ Jrar Na • ', ' �.. arse stmt Nair tie•'r - - p� mass 14th dad Demolisher -itthe - pr d ear a tyerd wise baOd end sixty-three hoar J. V. WEBER and ANNA WEBER --a- Weld WEtad G M%dr dew Gary d • Ina pet,W. THOMAS J. PURA and EVELYN MAXINE PUXA ar Cathy el weld --- ad lea d glad&d the sad pat wRNWETHt nag the maim parties d to Ong em.b W meeaiaadsu d Se end - i Ten Dollar• and other good and valuable considerations----tflT Is dm a4 on le s d O.Sea put la YM paid by dm mid eerie d aY read pee. Y goat awed Is e.an e.duerd ad ath.s.Y4.L love crated,Mrpred.W W maenad,sod by dams pasts es Oak band.al.aeq sod aeba ea der W paw d the eat vertigoes ale maw le ewer the b iat a Lath,the snleor d tar,thole aisr ad Oe Yin ad nada d alt maim free,at the la lewew Nah.1 Y a goal WL*5 el Weld W hawk W W SrM d Cetera;to-wit, .a-_ ,." The East Half of the Southeast Quarter manta, i39 -y 4;44;1 -(E;set) of Section Two (2), Township Two -an -`a. i$m,z=,' l (2) North, of Range Sixty-seven (67) West ..#4 -' 1' 9id�,bti--t : of the 6th P. M., Weld County, Colorado • 1 r.. i • together with all water right• and right• rho. 7 r of way for water rights and ditches •p- r uV�! 6a �/j� v ' pertaining thereto including One and one- - a' 4 is. tdq '�' •J'C half (1t) shares of the capital stock of J '� •fD aa)D p": the Lupton Bottom Ditch Company. TOGETHER web a W ieS,aY barredittlIblIfite W apprmesaaa tamale belsdaL or le say wise -'S. apperWaiat and the make lad ra.ie.e, remainder sod rasYder. ma Is.a, W pate teed; W _,.._...+ all the estate,Halm ear,Maaa claim sal Anna stammer d the said tan its d e par.a a Asher le la or'inn .4 is and to the Joe horologe psis.tha Anchorman W.pperma ma TO HAVE AND TO HOLD the mid pair shoe.Yspkad W damhet with Wmlesaca'e••the a4 oral d the weed part,the s aive d t a.Oa widow.W the adn sad*ape d web sorriest Sr. war. AM the r4 pale•d Se bet port to Owned yes, here ewer.W WwYaw. de*mama pew. banal. W wee e sad with O panne d the steed part the saber d ta tart Ode _ suing W the hers W seine of such ariirbor.thee at the Oswalt swap and ddwwlee d Stew pea they.are well add d the Walden then meat weir*as pmtn..bale W assume.au d YMiu.rs l•law,it fee Sap*W have Pad WM tell power sad lewd made Is Oa.kraal, .a and a..y the tars at rows sad We.Maid.ad WI the wawa ant bee wad dr ha at fist W Wow eau. Yrpla aka lei.Is ea assets ma Yearw whatever a a e w Ned sWn sewers Except taxes for that year 1963, du• and payable in 1964, which -the grantor* herein agree to pay. - . ad the Yens bargained meshes is the Owl sad eoeabh Metal..d the W piffle'd Os egad pear. On ryes d the, Oak arises sad the belts sad olden d sues swrhe,aided at w.ay pine or paw - Imitate day we to cla.O, whale ea w part Mead Oe W er l e• Glebe end part.salad re . in W WANT AND POWER DEPEND. V V IN WITNESS wnEOE,r a4 p.nlasd Y ear w 5 pee .r their lands ad i - W• d,b W yet fret awes prima . •. Eip.4 Sale/W DdtorM Y r Prima d 7/f � cVa.N 1g4. w.IIIIIII1S14 et d m.Aa/.yx r or • h G: a r 5tf 7ha m as maple lost a adir edp;baleen t dd / - E .S1.w 2. T. Tibet Bind I we. o _.. . .. .K.�. a _ 1. , � .; err lM hosed�YN its E1N se"- es e a TI�I,�.. 7.,, .1 *warn DW—Tw Jam tomio.Tetookilmollw a.— / ,.;.era. .. at:,,,,',-,-,. '0),..' ,, , ,,,..v..-c. , 5 $5099 I p. CENTRAL WELD COUNTY WATER DISTRICT September 13, 1985 Thomas J. & Evelyn M. Fuxa 11383 Weld Co. Rd. 23 Ft. Lupton, CO 80621 RE: Water Service -- Dear Mr. & Mrs. Fuxa: This letter is in response to your request for the availability of additional water service for the following described property ' Lot A being a part of the Eli SE' of Section 2, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado (See attached Exhibit A) Water service is presently available to the above described property by tap number 5 . 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 441-e / Cene G. Hirsch Office Manager LH/caa 850998 2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D,Olhausen,Secretary-Manager f , ',' RECORDED EXEMPTION NO. Thomas J. & Evelyn Maxine Fuxa SHEET 2 OF 2 11383 Weld Co. R. 23 \ N ' 4eaoFt. Lupton, CO 8 .21 )k , 72\a • I ; • - q 1 i _/ 4850 - 1 8 -7 y` rn \ \ o 3 p /� m I .:�: t.0an/q s,..d 24 . 14 • • r' rtv85. ;ti Lei ,4 $1?)_. ) , 0' 200' 400' &CO' �� , �� for k '40 h4g.' , _. _ :•e7� _ Scale : 1 "= 40O' .) (Y��y� -- _ J -1907•a. —o. '4 l�dJrl �GYaL, - \. 1 M , PINS FOUND in . 2 �'ZN .. Zb7 We'' (. o ' PINS SET LOCATION ' MAP SCALE: 1"=2000' ,V.W. Cr. E%z 5'E%4 d 4. 24'1z 96t.2, r. te, R 67w? Weld Cain y Roe $89° 49' 39" E /3/2.37' East ckor/er a' rner get. 2, 7. 2N, R 67W. 0- - - -- v6z - -1 wi-/e- a I� kf . --.4c) �g Lo/ A v N. Lo/ A Amended Mm .5XRE 439 5.459 Ac. (�r'ross) h 0 (Raw) O - 0. 62 / Ac. ( CIS 4, 838 Ac. (del) - —�S E 89'23'/3" ° / 2/6.00' A 490.32' �( N24°/6'23"W 989°23'/3"E1 I N 268./7' "EXHIBIT A" N26°20' 30"W 238. 07' t- I CniW 5 I mk �N = 4129'08.00"W N I n 543.28'��y a • II3 Loi B 0 7/ 2/9 4c. Cyross) I a - 2. 622 Ac.(R.O.W) I ImoM 68. 597,4c. (net-) \ '0 I �3 nI I� P 30' Sit/Co-. (Ye 961/4I I \ 1 If AJ -- _- -___—IcI, SOu/hnf51 corner I Coe. zTEAL, R47W — — ,(/89°34'00" Id/2 95.39 T Weld County ?Foal' Ala. 24 I I 860998 McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 PROJ. NO 85193 mEmoRAnDum f& (.4vA, wilkTo Weld County Planning Date 10-2-85 COLORADO From Health Protection Services sut{«t: Case Number RE-804 Name Thomas and Evelyn Fuxa Weld County Septic Permit is required for the septic system and it shall be installed according to the Weld County Individual Sewage DisposalRegulations. Other than this, we have no problems with this application. AFP/mr li---- ;y0, IIWeak ,,,,t "Nivi[n. $5x992 ir.,oftin 1 PIaftcthIIC 2lntnrporateb 1876 411 GOODRICH AVENUE PLATTEVILLE. COLO. 80851 PHONE: 783.2245 September 17, 1985 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: Case Number RE.804 Thomas J. & Evelyn M. Fuxa Recorded exemption The Platteville Planning and Zoning Commission will review the application at the next scheduled meeting on October 8, 1985. Any comments and recommendations will be submitted after this meeting. y), fcc , Rosa M. Miller ;<> Deputy Town bierk 00 a FROM „`P 191985 ARROWS TO ATOMS Weld Co. Planning Commission •Home of the Fort St. Vrain Nuclear Generating Plant 85g DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000 EXT.4400 315 10th STREET y � GREELEY,COLORADO 80 80631 wiik COLORADO CASE NUMBER RE-804 September 16, 1985 TO WHOM IT MAY CONCERN: — Enclosed is an application from Thomas J. and Evelyn M. Fuxa for a recorded exemption. The parcel of land is described as part of the Ek SEA, Section 2, T2N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately three miles southwest of Platteville; west of Weld County Road 23 and north of Weld County Road 24. 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. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by October 11, 1985, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed letter. Signed: Agency: Date: //1 G 1—A k.arit,t.,—- Gloria V. Dunn Current lanner 350498 DEPARTMENT OF PLANNING SERVICES f t.of PHONE(303)356 T.4400 91515 10 10thh STREET GREELEY,COLORADO 80631 c� CASE NUMBER RE-804 COLORADO September 16, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from Thomas J. and Evelyn M. Fuxa for a recorded exemption. The parcel of land is described as part of the E1/2 SEA, Section 2, T2N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately three miles southwest of Platteville; west of Weld County Road 23 and north of Weld County Road 24 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. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our- office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by October 11, 1985, so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you prior to: _- 4. Please refer to the enclosed letter. Signed: Agency: Date: Thank you very much for your help and cooperation in this matter. U vl�Gy f�✓�uivt.. ,� Gloria . Dunn Curre Planner 85099 DEPARTMENT OF PLANNING SERVICES (�Kit PHONE(303)356.4000 EXT.4400 915 10th STREET GREELEY,COLORADO 60631 wimple COLORADO September 16, 1985 • Thomas J. and Evelyn M. Fuxa 11383 Weld County Road 23 Fort Lupton, Colorado 80621 Dear Mr. and Mrs. Fuxa: On July 1, 1985, the Board of County Commissioners approved revisions to the Weld County Subdivision Regulations delegating the authority to approve recorded exemptions to the Department of Planning Services. Your recorded exemption application is complete and in order and will be processed by our office on or before October 15, 1985. 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Platteville Planning Commission for their review and comments. Please contact Rosa Miller at 785-2144 for further details regarding the date, time, and place of this meeting. You or a representative should plan to be in attendance at the Platteville Planning Commission Meeting to answer any questions the Flanning Commission members may have with respect to your application. 850998 Mr. and Mrs. Thomas J. Fuxa September 16, 1985 Page 2 If you have any questions concerning this matter, please feel free to call me. Respectfully, aria V. Dunn Current Planner • 85099$ DEPARTMENT OF PLANNING SERVICES i y4. �� PHONE(303)356-4000 EXT.4400 - , f 915 10th STREET \��'j(/r GREELEY,COLORADO 80631 IQ\ PA I '�< xir .� COLORADO October 14, 1985 Thomas J. & Evelyn M. Fuxa 11383 Weld County Road 23 Ft. Lupton, CO 80621 Re: RE-804 Dear Mr. & Mrs. Fuxa: I tried to call you using the telephone number listed on your Recorded Exemption application but found that the phone has been disconnected. The Department of Planning Services staff reviewed the above—referenced information on Friday, October 11, 1985. Additional information has been requested regarding the landsplit done on this property in 1980 and its present use. Please call me at you earliest convenience so we may discuss this matter and take action on your request. Sincerely, Gloria V. DunnL121/...—Y Cur ent Planner GVD:js 85099? ' DEPARTMENT OF PLANNING SERVICES << tOs:Ek PHONE(303)356-4000 T.4400 915 10 10thh STREET GREELEY,COLORADO 80631 • COLORADO October 29, 1985 Thomas J. and Evelyn M. Fuxa 11383 Weld County Road 23 Fort Lupton, Colorado 80621 Re: RE-804 Dear Mr. and Mrs. Fuxa: Last week the staff reviewed your recorded exemption request in light of the additional information you submitted. Because the property in question is now owned by another party, it is necessary that I speak with him regarding the proposal. If you have information on how I might contact Mr. Dakolios, please give me a call. I look forward to hearing from you. Sincerely, Glor V. Dunn C ent Planner GVD:rjg 850998 STANLEY DAKOLIOS November 20, 1985 NOV 2u1985 - WELD CO. COLORADO Department of Planning Services Weld Co. PlanningCommissioa 915 10th St. Greeley, Colorado 80631 ATTENTION: Gloria V. Dunn Current Planner RE: RE-804 Dear Ms. Dunn: As discussed in our phone conversations, I purchased this eighty (80) acre parcel as a Trust for my grandchildren. The corner or older home will be for the dairy or for the caretaker whichever way we choose to . go. We requested the exemption of approximately five (5) acres so we could build our own home and barns on this property. It is very possible at some future date it may become necessary to sell this larger acreage or mortgage it to obtain funds for the children's educations and this is why I would like this 5 acres seperated as I would hate to build a $150,000.00 plus home and outbuilding and be required to mortgage this in order to obtain funds at some time fifteen (15) years from now. Also, there is always a possibility that my wife and myself may have to move to another place for health or other reasons and we may have to sell this property. As to the above, you can see several things could enter into the picture and I would not like any future problems as I feel it would be much better to have all circumstances covered before problems arise. Thank you for your consideration of this request and under the circumstances I think you can see the reason for our request and hope you can rule favorably. Sincerely, —� r ' Stanley Da lios 850998 F DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 0V 915 10th STREET GREELEY,COLORADO 80631 COLORADO November 27, 1985 Thomas J. and Evelyn M. Fuxa 11383 Weld County Road 23 Fort Lupton, Colorado 80621 Re: Recorded Exemption #804 on 76.678 acres located in part of the E} SE} , Section 2, T2N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Fuxa: The Department of Planning Services staff reviewed the above referenced request today. The application was denied because it is the staff's opinion that the proposed split does not meet the criteria for approval as set forth in Section 9-2 E. of the Weld County Subdivision Regulations. The existing 76.678 acre parcel has been previously split, rendering an area which does not meet the minimum lot size requirement of 80 acres. The surrounding area is composed of many large farm acreages. Further division of the subject parcel does not appear to be compatible with neighboring lot sizes. When the Planning staff denies a land-use request, the applicant is allowed to appeal the decision to the Board of County Commissioners. I have, therefore, scheduled your application to be considered by the Board of County Commissioners on December 11, 1985, at 9:00 a.m. It will be necessary that you or Stanley Dakolios, the new property owner, be present at the hearing. The Board may ask questions that Mr. Dakolios will be in a better position to answer. The Department of Planning Services has given special consideration to your request to build a second residence on the site. Even though the staff cannot support a second split on the 76.678 acre parcel, the existence of the dairy presents a special need for additional housing to accommodate a caretaker/manager on the site. As I discussed with Mr. Dakolios, the subdivision exemption process appears to be a remedy in this situation. The '5o998 Thomas J. and Evelyn M. Fuxa November 27, 1985 Page 2 procedure does not legally split ground but serves to set aside a designated area for financing purposes only. With the approval of a subdivision exemption and a zoning permit for an accessory dwelling, a building permit could be issued for a new residence and the existing farmhouse reclassified as an accessory dwelling. If, at some future date, Mr. Dakolios would choose to sell the dairy operation, he could then reapply for a recorded exemption. Please feel free to contact me if you have questions or if I may be of further assistance. Sincerely, G /la V. Dunn Current Planner GVD:rjg �-e�.� , -e 7,.m- ,A . 61O/ /4/1A-. Jam , 85058 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Thomas J. and Evelyn M. Fuxa Case No: RE-804 Legal Description: Pt .E} SE} of Section 2, T2N, R67W of the 6th P.M. , Weld County, Colorado. Larger Lot Size: 71.219 acres Small Lot Size: 5.459 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. X DISAPPROVED It is the opinion of the Department of Planning Services that the applicant has not met the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations and a hearing before the Board of County Commissioners has been scheduled for December 11, 1985 to consider the application. By • a "^ Date: November 26, 1985 Curren Planner g5o9t2 Hello