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Home My WebLink About850997.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 816 - FRED GUILDNER AND WILLIAM HOXIE 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, a request for Recorded Exemption No. 816 was submitted by Fred Guildner and William Hoxie for property located in part of the Nil NW', Section 23 , Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, this request was to divide the property into parcels estimated to be approximately 2 acres and 46 acres, and WHEREAS, after viewing the evidence presented and hearing the testimony of those present, and having reviewed the recommendation of the Weld County Planning staff, the Board deems it advisable to deny said request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption No. 816 be, and hereby is denied for the following reasons: 1 . 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 47 .63 acre parcel was part of a landsplit recorded in 1974 (Lot B, Recorded Exemption 121) creating a residential home site on Lot A. Sufficient justification has not been given to warrant exempting another lot at this time. 2. The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. The subject site is 2 .5 miles from an incorporated municipality and is surrounded by parcels which are 40 acres or larger in size. Robert Crumb, the Director of Public Works of Fort Lupton has indicated that this proposal is located beyond their service plan area and could not be served by the town. The creation of additional small parcels at this location does not represent prudent planning for the future. 8 50 997 Page 2 RE: DENY RE #816 - GUILDNER AND HOXIE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: ittil ( nom T2,( WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Board acq ine olnson, C airman 0 EXCUSED BY: � Gene R. Brantner, Pro-Tem Deputy,r�'oun i'rk APPROVED AS TO FORM: C.W: K1' rb/ EXCUSED DATE OF SIGNING - AYE Cif li,' ,^w Gor E. L y / c /r) ty Attor ey FegiCcama chi g5o99 7 DEPARTMENT OF PLANNING SERVICES (� PHONE(303)356-4000 EXT.4400 915 10th STREET(,, ,f / ‘, GHEELEY,COLORADO 80631 WI ' C. COLORADO December 11, 1985 C 9-1 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #816 Dear Commissioners: This request for a recorded exemption is submitted by Fred Guildner and William Hoxie. The parcel of land on which this request is being made is described as Part of the Ni NW} of Section 23, T2N, R67W of the 6th P.M. , Weld County, Colorado. The property is located 2.5 miles northwest of Fort Lupton, east of Weld County Road 21. 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 2.101 acres and 45.528 acres, more or less. A review of the County Assessor's parcel identification map indicates that the immediate area is composed of many large lots, ranging from 40 to 160 acres in size for agricultural purposes. 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 47.63 acre parcel was part of a landsplit recorded in 1974 (Lot B, Recorded Exemption 121) creating a residential home site on Lot A. Sufficient justification has not been given to warrant exempting another lot at this time. G' v91 g5o997 Board of County Commissioners December 11, 1985 Page 2 The appiciant has not demonstrated that the proposal is consistent with efficient and orderly development. The subject site is 2.5 miles from an incorporated municipality and is surrounded by parcels which are 40 acres or larger in size. Robert Crumb, the Director of Public Works of Fort Lupton has indicated that this proposal is located beyond their services plan area and could not be served by the town. The creation of additional small parcels at this location does not represent prudent planning for the future. As explained in the Comprehensive Plan on page forty-four (44) , "Scattered development in rural areas has other implications. Residential development in rural areas necessitates an increase of public service to that area . . " More people in the area places additional demand on expenditures for road maintenance, police protection, fire protection, and educational services. The cost of County Services can be reduced if development is encouraged around existing population centers and future town growth areas. Development in town growth areas reduces the conflict that arises between rural and urban land-uses. Respectfully, Debbie deBesche Current Planner Dd:js g5o997 FIELD CHECK FILING NUMBER: RE-816 DATE OF INSPECTION: December 4, 1985 NAME: Fred Guildner and William Hoxie REQUEST: Recorded Exemption of Tract "B" of RE-121 (March 27, 1974) LEGAL DESCRIPTION: Part of the Ni NW} , Section 23, T2N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles northwest of Fort Lupton; east of Weld County Road 21 and south of Weld County Road 20 LAND USE: N Mobile home residence E Pasture S Pasture and residence W Weld County Road 21, turkey farm ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the property is from Weld County Road 21 which is a gravel road. The improvements on the property consist of a mobile home residence, barn and an outbuilding. The property slopes to the east. There are some houses along Weld County Road 21, but the predominant land-uses on the surrounding properties are agricultural with parcels ranging from 80 to 160 acres. By: eBesich (f'�W K Deb e�deBesche Current Planner '350997 )77 f,9w • • z! v 25 a. I x! gy/ N ! p '• z �� rug Tf r b T ® ' ( I J' �° MMMk; %' �..J .. �k :a�I"" " FI • tf , - AA .v1: Di 4 e/; — �,. :Via. ` . .. :1 c • c ▪ •P• :g)E7 TLC. P. 134fi1Ti .a „sr— •G• . r..-_ / x �, •__•3 GREa� °I▪ i x r 3 • ( e1e .1 '''..a P• zj 1 • :(• �• e �'/ '•` .-/,19i,),•i� ! .0.°11 I ' I • • a • • /' •'1 I .•• y ' / .54 Grog•3N. di Ilse xo G tT1: C�.K•.` ' n •�,"I' xa "3'� »a j• (.�..P '(/..:0 H .. Y. .G �..� . s �. G.oz _ ._( '�'.. \�f us. .. ez • �w U • is, — • _ _�____ • 1\ • 'VGoo �, ° 'F V • rC•.'..• a %\% co•i.o. • • J±E '>o P Sin an qG ro e• d • ee • !» • zf r N 7•c z" 1 °� G•Diu . �, r , - ,P • / / i 'R • �t fall Gydwc ; ONO5� g, • V"' ra,, x •Y—N --.'111.;-'7h' 's °d ! G• 1 1-1 • �J • ♦ C 5T4TE .wEL.� . J I �b� A •4 •. 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Y \ 1. 1 22 ��g � \ \ ` c.Il /, C 5, _�----i o-95° \� �� o •S - - 4 114970 _ O , � � _ 924- __ \ _ __4867 �\\ / /rec D � PB. ,' 4`950 r / ` oil 3C 7 41 ) 26 �I\\\ �� j I j 1 � 4900 \ '�' , c -- �- wee I 50 7 q° c =- = , 1 I- c` I 1 __ — O� i u 60 p _ �, A 4921 _ YO �/ tcP / / ' " � 4950 /� 1 r� �j 0 Y J1.4 ° 1 35/ �.- ,7__....... - 'l�a�r`ea3 3 1 .- _,- , c _ , , _ -_ ‘ ._ pit'^ c� 55 °v 1 34 1 �, 11/ !,493 - � 1io L_-��' 4960 o ef-------- _./71G { a,o__ • 1 r = s , �s �� ,; • T g5c997 REFERRAL LIST APPLICANT: Fred Guildner CASE NUMBER: RE-816 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: November 18, 1985 NO SR NR NO SR NR County Attorney 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 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 / x City of Fort Lupton V c/o Robert Crumb P.O. Box 158 Fort Lupton, CO 80621 NO=No Objection SR=Specific Recommendations NR=No Response 850997 RECEIVED OCT 2 9 1985 DEN,.. Pi i l"lENT OF PLAniNli`;, , , - `,'19E, PHrmt'30 f 1 u I ^tf LL iou� OFil 00 0 )11.1--TcW ii NOV 1, 7985 VTt, 4 aA t. *. 4 ® Weld Co. Planning Commission fi. :;: `�'' °: «s CASE NUMBER RE-816 COLORADO October 28, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from Fred Guildner for a Recorded Exemption. The parcel of land is described as Pt. Ni NW} of Section 23, 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 2} miles northwest of Fort Lupton, west of Weld County Road 21 and south of Weld County Road 20. 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 November 18, 1985 so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request QS „IS (does/does not) comply with out Comprehensive Plan for the following re sons. .7/ /3 AGA/4W Zk402,IC, ear sn/Ee I ' 4/CR • any co /eV:vat .6e A, 0ve=e A/o D,Qcch27n ,o itivject 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. % P rfer the enclosed letter. 8 !1 8 T GU • A14/ P.Lhor/ eserieW.�i. Signed: / i, �� y, A cloy: /� �rcGfnr ®f' �rc�/.c GvaCXS Per .$�1.r-n/ /ierfi 4/nivan Date: Akii, 45 /98S Thank you very much for your help and cooperation in this matter. Al f LJAIii j C.cr/iw-c Le— Debbie deBesche Current Planner 850497 • APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: n5 _ `�/7`�` l/^ APPL. FEE oC / }7 �/ �.f/ CASE NO. FEE c es- RECORDING ZONING DISTRICT RECEIPT NO. q/105 DATE /o as-8'S APPL. CHECKED BY `OW) 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: �/ Poarcel Re I 1311 - Lb- z- tee% TOTAL ACREAGE: 41 .(OZ 1 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes T No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: Fred Guildner Address: 7000 King St. - Westminster, Co . Phone: 426-0707 Name: William D. Hoxie Address: 507 Weld County Rd . 19 - Brighton , Co . Phone: 659-4349 Name: Address: Phone: C e v.-E-ra-1 we1\o( WATER SOURCE: Larger Parcel Smaller Parcel -Oro fOS C4 1 , TYPE OF. SEWER: Larger Parcel ��'� �'�Smaller Parcel£,� PROPOSED USE: Larger Parcel 4Lbotkeirir Smaller Parcel ' ACREAGE: Larger Parcel 45•51`+ Smaller Parcel 2. $ %(, 1 ^EXISTING DWELLINGS: (Yes or No) ' 3O (Yes or No) krrQ„ 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 knowled e. COUNTY OF WELD ) STATE OF COLORADO ) 1C Sig ture: Owne or Authorized Agent Subscribed and sworn to before me this '7/ day of V 5/°rateeR, 19 AC.- (SEAL) a-a/ Notary Public `�� C rtl' My Commission expires: ; 221985 Weld Co. Planning domain 85099 1 July 2, 1985 Weld County Planning Dept. 915 10th Street Greeley, CO 80631 Dear Sir: The purpose of this request is to seperate a two (2) acre parcel with buildings from the 47.629 acre parcel. The parcels are in an agricultural district and will continue agricultural uses. There are homes on acreages located adjacent to this land. The size of the lots are consistent with development of the surrounding land and will not interfere with development as the lots are large enough to fit into future developments. We also plan on building a home on the 45 acres and living there ourselves. Yours truly, Bill D. Hoxie g5o997 CAVI CENTRAL WELD COUNTY WATER DISTRICT May 13, 1985 William D. & LaDonna M. Hoxie 507 Weld Co. Rd. 19 Brighton, CO 80601 RE: Water Service This letter is in response to your request for the availability of additional water service for the following described property: See Attached Legal Description shown on "EXHIBIT A" Water service is presently available to the property described as Lot A by tap number 852. Additional water service can be made available to the property described as Parcel B 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 Lorene G. Hirsch Office Manager LH/caa $5094O 2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhaussn,Secretary-Manager Legal Description: William D. & LaDonna M. Hoxie 507 Weld Co. Rd. 19 Brighton, CO 80601 "EXHIBIT A" RECORDED EXEMPTION NO. LEGAL DESCRIPTION: Parcel B of Recorded Exemption No. 1311-23-2-RE121 , being a part of the Ni of the NW4 of Section 23, T2N, R67W, more particularly described as: Beginning at the Southwest corner of the Ni of NW4 of said Section 23; thence S89°59' 14"E on an assumed bearing along the South line of Ni of NW* of said Section 23 a distance of 30 .00 feet to the TRUE POINT OF BEGINNING; thence NOO°10 ' 10"W along the East R. O.W. line of Weld County Road 21 a distance of 922.65 feet; thence S89°58' 35"E parallel to the North line of said Section 23 a distance of 1070 . 99 feet; thence N89°45' 48"E a distance of 700 .00 feet' thence S51°03' 23"E a distance of 868 .86 feet to a point on West line of a 150 .00 feet Public Service Co. R. O.W. ; thence SOO°10' 35"E along said West R. O.W. a distance of 379 . 51 feet to a point on the South line of Ni of NW4 of said Section 23; thence N89°59' 14"W along said South line a distance of 2445. 20 feet to the TRUE POINT OF BEGINNING. Contains : 47.629 acres more or less . LOT A: A part of the Ni of the NW4 of Section 23 , T2N, R67W of the 6th P.M. , Weld County, Colorado, more particularly described as : Beginning at the Southwest corner of the Ni of NW4 of said Section 23; thence S89°59' 14"E on an assumed bearing along the South line of said Ni of NW4 a distance of 30 .00 feet to the TRUE POINT OF BEGINNING; thence NOO°10 ' 10"W along the East R. O. W. line of Weld County Road 21 a dis- tance of 481 .00 feet; thence S89°59' 14"E parallel to the South line of said Ni of NW4 a distance of 183.50 feet; thence S01°46' 37"E a distance of 481 . 23 feet to said South line; thence N89°59' 14"W along said South line a distance of 197.00 feet to the TRUE POINT OF BEGINNING. Contains : 2. 101 acres more or less . SURVEYOR' S CERTIFICATE: .4011 . 1. I hereby certify that this plat was prepared under 4 417u.0„, Pi '• my supervision and that the same is correct to the best 4i .' �., et.of my knowledge and belief. 0££Z &' Cecil R. Crowe, P. E. & L.S . 12330 bell oh,' PROPERTY OWNER' S APPROVAL: I, the undersigned, being the sole owner in fee of the above described property do hereby subdivide the same as shown on the attached map. Bill D. Hoxie The foregoing certification was acknowledged before me this day of A.D. , 19 . My Commission Expires ; B50997 • mEmoRAnDum VIi €. To Planning Date 5/13/85 Health Protection 10 COLORADO From Wes Potter, A th Services 1 Subject: Recorded Exemption on NW4 of S 23. T2N. R67W. I have reviewed the proposed division of the property into two lots. The smaller lot, "B" will have 2.1 acres and I see no problem with the installation of a septic system on either lot. g50.997 WELD COUNTY CERTIFICATE' OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD 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: Parcel B of Recorded Exemption No. 1,311-23-2-RE121 , being a part of the Ni of the NW* of Section 23, T2N, R67W, more particularly described as; Beginning at the Southwest corner of the Ni of NW* of said Section 23; thence S89°59' 14"E on an assumed bearing along the South line of Ni of NW* of said Section 23 a distance of 30 .00 feet to the TRUE POINT OF BEGINNING; thence NOO°10 ' 10"W along the East R. O.W. line of Weld County Road 21 a distance of 922 . 65 feet; thence S89°58' 35"E parallel to the North line of said Section 23 a distance of 1070. 99 feet; thence N89°45' 48"E a distance of 700 .00 feet' thence S51°03' 23"E a distance of 868.86 feet to a point on West line of a 150 .00 feet Public Service Co. R. O. W. ; thence S00°10 ' 35"E along said West R. O. W. a distance of 379.51 feet to a point on the South line of Ni of NW* of said Section 23; thence N89°59' 14"W along said South line a distance of 2445. 20 feet to the TRUE POINT OF BEGINNING. CONVEYANCES (if none appear, so state) : Reception No. 1630876 , Book 709 Reception No. 782366 , Book 860 Reception No. 1782367 , Book 860 Reception No. 1870522 , Book 949 Reception No. 1902674 Book 976 Reception No. 19Q2677 , Book 976 See Attached Copies Reception No. , Book 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 be signed by its proper officer this 6th day of May , A.D. , 1985 . at 7: 00 A.M. o'clock. TRAN.SAMF.R TC P. TTTT F. TNSURANCE COMPANY COMPANY • BY: a�17vrtz l � "ln( O1(1}70 THORIZED SIGNATURE 850917 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, Fred Guildner (name) , the undersigned, of 7000 King St . Westminster, Co . 80030 __(address) , County of Adams State of — Colorado , here- by constitute, make and appoint William D. Hoxie (name) , of 507 Weld County Road 19 Brighton , Co . 80601 (address) , County of Weld • State of Colorado , my true and lawful attorney- in-fact, for the following purpose : To represent me in the matter of the for egoing attached • application for a _ Y'PCovdt& Cleve neher. ... (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the 6 (2:O vv. 1 %OhW s (Board of County Commissioners , Board of Adjustment, etc. ) and to present evidence on my behalf before said Board. /A-25114)- Subscribed and sworn to before me this A71 _ day of \CPT en EK , 1914. Notary Public My commission expires : 00/17 85099 7 Hello