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Home My WebLink About890156.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 1143 - LYLE J. AND BETTY L. PICRAUX 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, at a public meeting held in the Chambers of the Board , considered the request of Lyle J . and Betty L. Picraux for Recorded Exemption No. 1143 , and WHEREAS, the request for Recorded Exemption No. 1143 was to divide property which is located in part of the NWI SWi , Section 32, Township :1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, into parcels estimated to be approximately 5 acres and 10 acres, and WHEREAS, after reviewing the recommendation of the Planning staff and hearing the testimony presented , the Board determined that said request shall be denied for the following reasons: 1 . The applicants have not demonstrated that both proposed lots will have access to an adequate water supply. The Office of the State Engineer, Division of Water Resources, has stated that an in-house use well only would be available to the 10-acre parcel. The Department of Planning Services ' staff has concerns whether adequate water will be available for the potential uses of the property if the Division of Water Resources ' conditions of approval are met . The Division of Water Resources ' conditions are identified in its letter of January 25 , 1989 . 2. The applicants have not demonstrated that the proposal is consistent with efficient and orderly development. Two recorded exemptions have been approved in this quarter section since 1975 , creating a 3-acre parcel, two 5-acre parcels, and a 21-acre parcel. Five properties access directly only Weld County Road 3 in the half-mile between Weld County Road 2 and this property. The location of the Erie Airpark Subdivision on the west side of Weld County Road 3 has added to ' the traffic on this road . The Weld County Engineer has expressed concerns regarding the addition of this residential lot to a road where maintenance problems z ,, Y 890156 Page 2 RE: DENY RE #1143 - PICRAUX already exist. The Department of Planning Services ' staff does not believe that sufficient justification has been given to warrant exempting a lot at this time. In the immediate vicinity development has reached a level where continued division of parcels would evade the intent of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Lyle J. and Betty L. Picraux for Recorded Exemption No. 1143 be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: � ^ iF"0 WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING (NAY) and Clerk to the Board C.W. Kirby, Chairman �� \ec (AYE) BY: ne J h son, Pro-Tem D putt' County Jerk (AYE) APPROVED AS TO FORM: Ge R. B an ner George Kenn dy County Attorney (AYE) Go . 17 c' 890156 DEPARTMENT OF PLANNING SERVICES `l PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 WIIDe. COLORADO February 8, 1989 (' /: Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631 Re: Recorded Exemption #1143 Dear Commissioners: This recorded exemption request is submitted by Lyle J. and Betty L. Picraux. The parcel of land on which this request is being made is described as part of the NW} SW} of Section 32, T1N, R68W of the 6th P.M. , Weld County, Colorado. The property is located adjacent to the east boundary of the Town of Erie, east of Weld County Road 3 and approximately one-half mile north of Weld County Road 2, which is also State Highway 7. This request is to divide a 15 acre parcel of land into parcels of 5 acres and 10 acres, more or less. The parcel of land under consideration is the total contiguous land holdings of the applicant . 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 both proposed lots will have access to an adequate water supply. The Office of the State Engineer, Division of Water Resources, has stated that an in-house use well only would be available to the 10-acre parcel. The staff has concerns whether adequate water will be available for the potential uses of the property if the Division of Water Resources' conditions of approval are met. The Division of Water Resources' conditions are identified in its letter of January 25, 1989. 89O156 Board of County Commissioners February 8, 1989 Page 2 The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. Two recorded exemptions have been approved in this quarter section since 1975, creating a 3-acre parcel , two 5-acre parcels, and a 21-acre parcel. Five properties access directly onto Weld County Road 3 in the half-mile between Weld County Road 2 and this property. The location of the Erie Airpark Subdivision on the west side of Weld County Road 3 has added to the traffic on this road. The Weld County Engineer has expressed concerns regarding the addition of this residential lot to a road where maintenance problems already exist. The Department of Planning Services' staff does not believe that sufficient justification has been given to warrant exempting a lot at this time. In the immediate vicinity development has reached a level where continued division of parcels would evade the intent of the Weld County Subdivision Regulations. Respectfully submitted, Lanell J. Curry Current Planner LJC:rjg 890156 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Lyle J. and Betty L. Picraux Case No: RE-1143 Legal Description: Part of the NW} SW} of Section 32, TIN, R68W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 10 Acres, ± Smaller Lot Size: 5 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 Play. 7. Consistent with efficient and orderly development. X 8. Lots accessible from an existing public road. 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. 890156 -•. f • r• 10 x�,!• < `r xx .eitAff .. I• I r x I.• xx ;TM/ Na n 1• `x° �On° • /fit. 11 'r VIII• _ 11 .I _ JJ7 I _1 Cr" �. •• I�. ..•N 04. .�'°d• n &c. M : T tait .;uiir G r"): II EL Illillira E I I J c•.1 • e • NI. I -_ - _ —•a J ! �J/—lr •nea I �•j 1I5J1UL!IBt�'�!� a I 2 to el I II• ! • z° . . •u„ • • C. �Y n V f icT iEvi F E. , .am . . i. . ic. . �n.L' �l .az ❑� . J �ryNI •,xr� �. az tiPa •o • i1 D? •I p .. x • •.w • i I Eft..., ,I1 :o:"0 ' t r �a Iyy)pA�� \\1 I ' u x• - .I 6Ry^!.�� xa I_' xa_ I zVP` I .. I •e • • @�� . pp • • ' a ,LOI,I ntia .._ M, I ;ill i� } 9c,,a • II AIM:11 in_ ( ims i earn t °°° . icm • . . t •/ •x li � • eo. 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I 1,1 • r / / q 19 / ( (( ) I z r� \T ) z �' 1 ?I s / ,) 7 i 0 1 `� .{ / \ \ _ I cI —/c-_ N 52Ill i3i 5 7� V JumMne td ,i �� c c7 /1 21I 1 -�q l i JF is 1 ti I � \ � , t --V - C� 7 Imo. x' 53 j - � X43 i. 36 \ / I ._gl 32 I Hey A,IR _ R(I Range �' ff-IIRIIII I IVPs i,oh. lc dASf l t Hnn w�[o ro -- • V l,; it,• ISM • sn= . .....;. ..7:;'1.,!..1..:.: : Ittr O// ' • 5: • • i `m _ O/3 Vi41 if:C7/ .) • t, • • \4#18 _ VIC R 20 14-r;:i,'1 it.'''','',,,_.L. Coun ,.-. ;'if. ' ; : 1:-'t ., 4 ¢ ~'.i•}, 7. E :ice ,' � w lit d litir, l�A ix S 4.7 FIELD CHECK FILING NUMBER: RE-1143 DATE OF INSPECTION: January 18, 1989 NAME: Lyle J. and Betty L. Picraux REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the NW} SW} of Section 32, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of Weld County Road 2 on the east side of Weld County Road 3 LAND USE: N Dryland row crops, oil and gas production, landfill within one mile E Row crops S One single family dwelling W Weld County Road 3, Erie Air Park, Town of Erie ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W Town of Erie COMMENTS: Access to both parcels is possible from Weld County Road 3, a gravel road. A deep draw exists at the east side of the proposed smaller lot. Three other draws run through the proposed larger lot. Three sheds used for cow shelters and a large accessory building exist on the proposed larger lot. One single family dwelling exists on the smaller lot. Piles of building materials, and two derelict vehicles which constitute a noncommercial junkyard, exist on the proposed larger lot . an 11 J. ? -6°7Current P1Atfner (/ 890156 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 7(0 ig CASE NO. OE -11 H3 RECORDING FEE ZONING DISTRICT L V IGVILIYJ RECEIPT NO. _ DATE_ /- Q-29 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 C LEGAL DESCRIPTION: U 1 /c11-lezehed JAN 9 1989 TOTAL ACREAGE: 15 Weld Cs. ?Iauu:rlrR ,.Imnuseran Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No XXX Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes XXX No FEE OWNERS OF PROPERTY: Name: Lyle J. Picraux ( 6S - 93sS' Address: P.O. Box 70, Lafayette, CO 80026 Phone: 665-4043 _ Name: Betty L. Picraux _ Address: P.O. Box 70, Lafayette, CO 80026 Phone: 665-4043 Name: Address: Phone: pro pn6ed WATER SOURCE: Larger Parcel Well Smaller Parcel Well pry po.secl TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Single Family Smaller Parcel Single Family ACREAGE: Larger Parcel 10 Smaller Parcel 5 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 ) Sig ure: taer or Authorized Agent Su ierietirat}d sworn to before me this C14 day of JANN ug y , 1981. c ... (S L) / RY':Tr Uk L L\C .Q Notary Public My Commission Expires \OA. L1F t3e°I 1 590156 Lyle and Betty Picraux P.O. Box 70 Lafayette, CO 80026 August 26, 1988 Department of Planning Services 915 - 10th Street Greeley, Colorado • We have lived in our home in Weld County since April, 1973. Our housing needs have changed from that of a growing, active family to those of two adults who are both employed in private businesses. We enjoy the community and the landscape of this area. We would like to divide our property into two parcels - one parcel to include our present home on 5 acres, the second parcel of 10 acres where we will build a smaller house for our residence. We have contacted several of our neighbors about our proposed division of land and no one was opposed in any way. We checked and found other land in the area within 1/4 mile had been divided in a similar manner in 1983. The surrounding area to the west is 2A. Sites are on city water and septic. The area to the north is agricultural. The area to the east is agricultural with a horse arena, several trailer homes and a rifle range and trap shoot. The area to the south is 5A residential and commercial C-3. This seems to be consistant to area development present and future. A well permit will be obtained for household use only as there are several ponds on the land. This water can be used for lawn and livestock as needed. A standard septic system is consistant in this area. The property is not in a flood area and is not in an airport overlay district. Soil class IVe VIe NON IRRIGATED. Sincerely, Crt—e-r-"zet."--tcla Lyle J. Picraux 8901.56 • • I :"Ill:. . �. —• 611 \ Q '. I _II ' • \ 9S1068 - 7jjjj _ - = . _ _ h'ivuL.� \ ;.J-: ':\:• .4% '- a Ck , `'4 r ti U • % 1 6-3 :•••••••:•:•:•::::•:*•4•;•.•.::::::::.. •.•./...:.• i I -, z...%...ilf. 7" `' a rat N. (,� Q (7..2___.•` r Cr- eita1� k _ t kb ` " - \ J ,� _ :IJ tl�t _ NOi&N/72If 8 --\- __ `S /�/�/� '• I)1 d'2 3 Th I/ / 1,,:ao-�:—' OD 71301.1O8H o ..w-w:.v:•' y� J •e �}J:i:v::C t �1;•'•2(.lJ:l a "74 :` ••}:•ir i. •-� N —_ _. - . .. -- ,i cal 1 ` W \ ..:::.:::ii:-..-1-:?..(P1 ::_::.::.41::.• • I^ 1 -,/ 9s.4z ' -- --t ?fe''''d c----„„....H.). )00 w 41 I In w ,A !.r\Yi o s- '•."`.Aorid 411 I.:1\\: \: ,---`•},__ /':?N .l, I , it) r ki st'P7# 5V5. M k \ 0, d --.- y p( % . i O4� �a tA NI 04 6P75)f 5, S EAle e. \_,__ a r, a, fir' �'0 l'.0 I l' M j 'lc ; L, 3 N. .__ 8901 ,yl• /r Nor To 5 0/4._ _ _ _ --3[ REFERRAL LIST NAME: Lyle J. and Betty L. Picraux CASE NUMBER: RE-1143 REFERRALS SENT: COUNTY TOWNS and CITIES Attorney _Ault X__Health Department Brighton Extension Service _Dacono Emergency Management Office Eaton - Sheriff's Office X Erie X_Engineering _Evans Housing Authority _Firestone —A irport Authority Fort Lupton Building Inspection Frederick Garden City STATE _Gilcrest X_Division of Water Resources Greeley Highway Department Grover Department of Health _Hudson Historical Society _Johnstown __- Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont Berthoud F-2 Mead Brighton F-3 _Milliken __Dacono F-19 New Rayner Eaton F-4 _Nunn Fort Lupton F-5 Platteville Galeton. F-6 Severance Hudson F-7 Windsor Johnstown F--8 La Salle F-9 COUNTIES Longmont F-].0 Adams Milliken F-11 _Boulder Nunn F-42 Lorimer Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service Raymer Federal Aviation Administration - Southeast Weld F-16 _Federal Communication Commission Windsor/Severance F-17 --- -Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS -- _Brighton OTHER Fort Collins Central Colo. Water Conservancy Dist. _Greeley Panhandle Eastern Pipe Line Co. _Longmont Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER 890156 x0156 eil \ e--')1 MEmORAnDUM wuk To Lanell Curry, Planning Data Jan r 1989__ COLORADO From Drew Scheltinga, County Engineer _ — — _— Picraux, RE-1143 Subjeec Weld County has experienced problems maintaining Weld County Road 3 north of: State Highway 7 due to increased traffic generated by the Erie Airpark Development. Adding one more residential lot to this area may not seem like a major impact. However, as land splits continue, maintenance problems on Road 3 will increase. D gi \'l l \ JAN 3 1 1989 Weld Co. ?lawn ommissiou DLS/mw:prp xc: Commissioner Lacy Planning Referral File - Picraux, RE-1143 890156 • i I 5V:' . 1 e�ru. ..� wvit * �e$11.a...S ly.�.. • vG.� :fi {.�u' '. :� • • . • • '1 • i • TOWN OF ERIE l 645 HOLBROOK P.O.BOX 100 • Ui\ «I ERIE,COLORA 8O516 f 828-3843 t 4\\-`42 865.3555 • 614 ':anuary ?4 , 1989 T.•;ne11 J . r>>rry,. Current Planner repartment of Planning Services X15 10 St. . rreeleyl CO sar,. i1 re: Lyle .T and Betty L. Pirr.aux application for recorded exemption rear Lanell The above referenced application has been reviewed by the F' an ring Commission of the Town of Erie . The commission wiF:he:= rr make the following recommendations regarding this application . Feeommendati.on 1 : That the roadway indicated on the north ,:irin of the subjects property being indicated as 30 feet wide be reviewed as being compatible with Weld County road and r r•>,. t specifications. Considerable filling would have to he r.:1:^r .ar' not to make the road compatible with the street standards n' Frio . Also the width of the easement should be reviewed ,n-' L, rh:akpr.4 i n' eased to apprnxi matel y 45 feet. Pecommendat.ion ?: That consideration should he given on the Fast E'ropr.'rty ( 9 . 77 acres; ) and its relationship to the east west run- w-ly ^7/04 and its clear zone for both height restrictions and sound control . The property owner was present du r. ing discu1ssi r:r. r nd was advisee that the subject application is general.' y in conformity with the F,rie Comprehensive Plan , Fi ncerelY, ' r.hard R . ,inpi.rr!ntt • JAN 2 h 1989 ' r'ommi.lnity nevelopment Director I 'krt.i.ng Town Arlmini stratr'r Weld U0. '(' T'PT • :try POLICE DEPT. METRO 440-3158 LOCAL 828.3200 P.O.BOIL 510 FIRE DEPT. 828-3152 890156 ROY ROMER FQ ®�$' JERIS A. DANIELSON Governor co,or Engineer /876 *, OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 January 25, 1989 Mrs. Lanell J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Picraux Exemption, RE-1143 NW1/4 SW1/4, Sec. 32, TIN, R68W Dear Mrs. Curry: We have reviewed the above referenced proposal to separate 14.68 acres into lots of 9.77 and 4.91 acres. The proposed 4.91 acre lot would be served by an existing well (Permit No. 70304) . The conditions of approval do not prohibit the issuance of an additional permit. We could issue an additional household use only well for the proposed 9.77 acre tract. Since a well permit would be available, we can recommend approval . The availability of a well permit and our recommendation for approval is subject to the following conditions: 1. The property has not been previously subdivided or exempted since 1972. We consider this as a one-time exemption and will not make additional permits available for future splits of either tract. 2. The well permit which will be available will be limited to use inside one single-family dwelling only. Outside use for lawn and garden irrigation is prohibited. Plat notes and covenants should reflect this limitation. 3. The applicant should provide proof that an evaporative wastewater system will not be required. We could not issue the well permit if any evaporative system is required. 4. Prospective lot purchasers should be made aware of the limitations on water use and other information contained in this letter. We recom- mend that a copy of this letter be given to lot purchasers and submitted with the well permit application. Please let us know if you have any questions. Sincerely, i ,JAN 3 n 1989 I HDS/JCM:ma/0064I Hal D. Simpson, P.E. �„__ - cc: Steve Lautenschlager Deputy State Engineer weld Cc. ft,,:4 1, ,ilEons: 890156 044—,c(i) mEmoRAnDum mot Weld County Planning January 13, 1989 To Date COLORADO From '/y ` Environmental Protection Services (( /,,A r d L1 Case Number: RE-1143 Name: Picraux, Lyle J. and Betty L. 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 proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. EPS/cs JAN 1 7 1989 ' 1 U L_ Weld Ce °p'„ • 890156 Hello