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Home My WebLink About900446.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 1262 - VIOLA STROH 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 Viola Stroh for Recorded Exemption No. 1262 , and WHEREAS, the request for Recorded Exemption No. 1262 was to divide property which is located in the SWI of Section 6, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado, into parcels estimated to be approximately 46 acres and 20 acres, and WHEREAS, after reviewing the recommendation of the Planning staff and hearing the testimony presented, a motion was made to approve said request. On a roll call vote, the motion failed 3-2 , with Commissioners Harbert, Kennedy, and Lacy voting nay; therefore, the request is denied. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Viola Stroh for Recorded Exemption No. 1262 be, and hereby is , denied for the following reasons: 1 . The applicant has failed to explain how this application is consistent with the Weld County Comprehensive Plan. 2 . The applicant has failed to explain how the configuration of the land split is consistent with efficient and orderly development. 900446 Page 2 RE: RE #1262 - STROH The above and foregoing Resolution was adopted on the 23rd day of May, A.D. , 1990. BOARD COUNTY COMMISSIONERS ATTEST: ru^ `^ A k") WELD UNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board ene . Brantner, hairman y BY: `)pyx,iii-cF ,' ,,_,czu George Keffnedy, Pro T m Deputy County lerk APPROVED AS TO FORM: Constance L. a be t G r t C.W. Ki by ounty Attorney Gor '41 900446 to DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 ca,c,,,App C. ,., Board of County Commissioners j o'. Weld County Centennial Building '�/ 915 Tenth Street Greeley, Co 80631 Re: Recorded Exemption 111262 Dear Commissioners: This request for a recorded exemption is submitted by Viola Stroh. The legal description for this parcel is described as Lot A of Recorded Exemption 662, located in the SWi of Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado. The property is located north of Weld County Road 48, and east of and adjacent to Weld County Road One. This request is to divide a 66.08 acre tract of land into lots of 46.08 acres and 20 acres, more or less. No dwellings are located on the property. It is the opinion of the Department of planning Services' staff that this request should be denied. The applicant has failed to explain how this application is consistent with the Weld County Comprehensive Plan and how the configuration of the land split is consistent with efficient and orderly development. Since 1984, the southwest quarter of Section 6 has been involved in four land-use applications creating a total of seven parcels. This parcel is Lot A of a recorded exemption approved in 1984 and amended in 1990. The approval of this request would create the twelfth parcel within this quarter section. The Department of Planning Services' staff has concerns about the piecemeal type of development occurring and the potential for it to continue in this section. Parcels split in this area are reaching a level where continued divisions would evade the purpose of the Weld County Subdivision Regulations as defined in Section 1-3 of the regulations. This property is not located within an Urban Growth Boundary of an incorporated town, and it is the responsibility of the County and other entities to provide services such as road maintenance, police and fire protection, school busing, snow removal and other urban type services necessitated by residential development. As residential density increases, so do service demands. Respectfully submitted, Current Planner 40046 RAS:rj g I !, II Ac. I ' I � P ! N * N t I E G-VT Diet I9ropeAl 9Q®446 1)r."3( -�v Jan . n84 IV \ I h. 3.SG E Ac. 1 S - 209 l k1 t i ,�A ->-,. . .' \ 3 .74c � „5,c, -208 N I . I\ i I . • I , I f . \0, 31 ,. 31 , \� qr 9a®446 0 i ! Ik. l 3.SCv At. SE- 2oS II I 4 Lo"- Ac 1I (\ �F CP a Z v .� Lo+ B \� \ (co 2 SE -Zo8 A \ i • I Y i k Jua.e.1 5 t 8 � 900446 1 � I�. 3.&C.0 At i ? SE- 2v s . SE- ZD9 a I Loa- R `RE Co(a 2 A C. 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OD *..; It a f4 ti 5 .. ,, } N ,-4''' I , {�y 4 Y k S ,#> p , .4.;frir nMbd..".ar � i , i f",. :1Y- ib Y T r,i ~M n,, , , ;,r . a �06D ( •F I b i,..'�Y t �xa I a CI i 4 061 't Ie• • • , ._ s c. x « p i•• e01R } a "e • ,. , 1' e a�_ .o. - r°"'^'•++...<+..a..w. ^^ « ? / _ -'., AIR 5F�` �y'�# iii 4 N '�. * 4 L f ;< 4 , i .. ` I {. f `. , I o` h b. t (\ a W4043°4446 4 j 430446 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 N0. RECORDING FEE ZONING DISTRICT RECEIPT NO. DATE 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: Sce 5 k-0-0-1 Z erC er)1-et w, v13% TOTAL ACREAGE: , a8 —1—14C Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No Is this parcel of land under conuideration the total contiguous land owned by the applicant? Yes No FEE OWNERS OF PROPERTY: Name:— -ULO & I O k Address:_ -5(4-4 Ca-la /fa_ (_ GUali Lotreitwc( Phone: GC - ¢¢5C Name: Address: • Phone: , Name: Address: Phone: ��// WATER SOURCE: Larger Parcel �(-H(. 7 u M cSmaller Parcel i-/pal it/w y,, fropesc=� TYPE. OF SEWER: Larger Parcel 5c4)1*- ____ _, Smaller Parcel cetlt1c- - / p I pp I PROPOSED USE: Larger Parcel 4Iffl(d )4.,_. Smaller Parcel /l.Gefett4i-.-Q ACREAGE: Larger Parcel _J4 4,.] O S Smaller Parcel Z...42, 0 (D EXISTING DWELLINGS: (Yes or No)_ .4 _ (Yes or No) /CJO 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 ) .TATS OF COLORADO ) Signature: Owner or Authorized Agent Subscribmeand.•aworn to before me this , /21— day of /144Aels , 19_2Q. \a0 t II ii y f CS EAL� ) . . t)o: ;rteLj2 JI �y n (AJ2t---_ �s •. Notary Public My Cocm,iss`ton aspires — ll.� 900446 Viola Stroh P-79- 17S March 9 , 1990 To Whom It May Conc n : , 1 . We are requesting to split this property into two parcels because the irrigation ditch creates a natural and physical boundary between the parcels and creates a difficult and non- fisible use of Lot B as an agricultural parcel . 2 . The proposal is consistent with the policies of the Weld County Comprehensive Plan as the property owner wants to split off the agricultre land from the single family dwel- ling site. 3 . The land in question is now zoned agriculture and shall remain a primary agriculture use , thus insuring the pro- posal is consistent with the intent of the zone district in which the subject property is located . 4 . 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 compat- ible with existing surrounding land uses as these are pre- sently engaged in the same uses . 5 . The uses permitted will be compatible with the future dev- elopment of the surrounding area as permitted by the exist- ing zone and with future development as projected by the comprehensive plan of the County. 6 . This proposal will not be inconsistent with efficient and orderly development as nothing will change except ownership of property. 7 . The sewage disposal method is a septic system. A domestic water tap can be provided for Lot A & B by Little Thompson Water District . S . The property under consideration does not lie in a flood plain , geologic hazard or Wald County Airport Overlay District . 9 . The lots will be accessible from Weld County Road No . 1 . 10 . The two lots created are not tart of any previous recorded exemption within the last 5 }gars . Nor are they a part of a subdivision or of a minor subdivision. • 900446 LITTLE WHOM PSON WATER L ASTRICT ' DIRECTORS Telephone 532-2096 Carey J Selomonsan. 307 Welch Avenue Presrdenl Drawer G Glenn W Gibson Berthoud.Colorado 80513 Leo Bakes Kelh C,00nNisl Tom Reynolds E Thomas Rrcord 1,I,:?rc h 0, 1990 0 Dean Anderson MANAGER Richard H H ~et Larry intermill , inter•mi 1 l Land Surveying 1;301 North Cleveland Avcarr,_e Loveland, CO. 80537 Dear Larry;y . • In response to your reglaeet that we provide you with information as to whether or not domestic water service can be provided to Lots n and 1) of an exempt: ien ldes.cribed below) , the following i.s• pertinent : 1. This property is desrrihed as being situate in they South 1/2 f Section G,. Township 4N, Range 68 West of the 6th Principal Meridian in Weld County, Colorado. II borders the Weld -L_.arirrler County Line on the west and is owned by Violas Stroh. w. Curre nt ly, the District has a+ 10" diameter water line located along Weld County Line Road in the above . described locat :ien with additional capacity available. • Lot A t:an be provided service via thi5 water line by means of a standard. residential water tap. Lot D is located some 900 ft east of the road and although there is capacity available, a minor line extension may 1:e required to provide ser ..icee. If ther'e? is an access and utility easement along the =.r,ut horn boundary of . Lot t: A, ea meter may be set immediately off County Line Read ad and to service_' line installed from that point, eliminating the need for a line eicleoeir=ee 3. The current: . tep fart• for al standard `_/8" x :/4" residential water t:ap. i.e l•!+000. 00 • and is subject to change without notice. 4. All service CClrruurtments made by the District expire one year from the date el that c1-1f1mit;V111=`nt if the tcpis) have not been pureie.e,,ed and installed within that one year time frame. if you have any cl uest .i e ne or should yel_l need additional informat i�gin, please conteet our office. • Elyt e �r • 900446 +air , :I.cpervisor• AMENDED RECORDED EXEMPTION NO. OF A PORTION OF THE SW 1/4 OF SECTION 6, T4N R 68 OF THE 6TH P.M. WELD COUNTY, CO S 88°46.32"" W 174 coR '537.351 E-W CENTERLINE SEC.6,T4R,R68 SEC.s 1203.89'. 1 p 634.22' CEN. 0f S OP=l3 31E.90 128" W "1--- �-----1Cam' a 8 00° 37'00"W N 00°62'E 583.89' • 124.00' S B9°08'00"W 665.Y0/. Q OF IRR. LOT N II DITCH — 0 � B O O LOT A A 20.00 Ac. N N 00°10'E 309.0' 46.08 Ac. o wI N ° • �_ N N 37°11'IE - c 5s 9.39. m N 02°421E 247.0' U Aa33°99'28" CO � COUNTY ROAD 30' UTILITY a R=800.0' 2 \� ACCESS ISN'T C=463.41 1 N 89°39'15"E O IT1 L=472.27/ 393.45' ° " — N 89°89' ISM E 900.251-- i �—� w \�--..s. 8 �' N aoo° A cn CO \\ k� a a, Ij tp 1 N B9°39' 'E N _ _ E9s.4e' J • a 400' SEC.a°R S 89° 59. 15" W 2441.45' Os 8/4 CM. VICINITY MAP COLO. HWY. NO 60 r o r - i o m a o P HOME SUPPLY C DITCH ' l 1' A • ��HANOY / HANGD1TCH.-":52--* / �//i/ 4 /S I I F_ . __1..-2000 900446 INTERMILL LAND SURVEYING, INC. 1301 North Cleveland Avenue L0VELAND, COLORADO 80537 (303) 669.0516 According to Colorado law you mot eminence any legal action based upon any defect in this survey within three years after you VIOLA STROH first discover such defect. rIn,no event, may any action based upon any defect in this survey be commenced more than t _.._ en years P-H9_1479 AMENDED . as\ RECORDED EXEMPTION NO. LEGAL DESCRIPTION That portion of the Southwest Quarter of Section 6, Township 4 North, Range 68 West of the 6th P.M. Weld County, Colorado, being more par- ticularly described as follows : Considering the West line of the Southwest Quarter of said Section 6 as bearing South 3°12 ' 58" East and all bearing contained herein rel- ative thereto: Beginning at the West Quarter Corner of said Section 6 ; thence along the West line of said Southwest Quarter South 3°12 ' 58" East 462 .44 feet to the True Point of Beginning; thence continuing along the West line of said Southwest Quarter South 3°12 ' 58" East 546. 47 feet , thence South 57°14 ' 12" East 569 . 89 feet thence North 89°59 ' 15" East 900. 25 feet to the beginning of a tangent curve concave to the North having a central angle of 33°49 ' 26" and a radius of 800.00 feet thence northeasterly along the arc of said curve 472 . 27 feet , thence North 89°59 ' 15" East 393 .45 , feet ; thence South 00°00 ' 45" East 445 . 40 feet to the North line of that parcel of land described in deed recorded in book 248 page 578 records of said county, thence along said line North 89°59 ' 15" East 296 . 48 feet more or less to the North-South centerline of said Section 6 ; /hence along said North-South center- line North 1°15 ' 41 " West 1571 . 43 feet more or less to the East-West centerline of said Section 6 ; thence along said East-West centerline North 88°46 ' 32" West 1838. 11 feet ; thence leaving said centerline South 1°13 ' 28" West 312 .40 feet ; thence South 00°37 ' 00" West 124 . 00 feet ; thence South 89°06 '00" West 665 . 20 feet to the True Point of Beginning . Said parcel contains 66 .08 acres, more or less and is subject to an existing county road as shown on accompanying plat . Subject to a 30 foot utiltiy and access easement and an existing county road right-of-way as shown on the accompaning plat . Also subject to any existing easements and rights-of-way of record . I (we ) . Viola L. Stroh , being the sole owner(s) in fee of the above-described property do hereby divide the same as shown on the attached map. The foregoing certification was acknowledged before me this day of , A.D. , 19 My commission expires: Notary Public Witness my Hand & Seal 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. • Larry G. Intermill Colo. L.S. P12374 This plat is accepted and approved for filing,. Department of Planning Services Director The foregoing certification was acknowledged before me this clay of , A.D. , 19_ My Commission expires: Notary Public Witness my Hand & Seal 90044+ REFERRAL LIST NAME: Viola Stroh CASE NUMBER: RE-1262 REFERRALS SENT: March 23, 1990 REFERRALS TO BE RECEIVED BY: April 5, 1990 COUNTY TOWNS and CITIES Attorney Ault ✓X Health Department _Brighton _Extension Service Dacono Emergency Management Office _Eaton eriff's Office Erie Engineering _Evans _Housing Authority _Firestone _Airport Authority Fort Lupton _Building Inspection Frederick _Garden City STATE Gilcrest Division of Water Resources _Greeley _Geological Survey _Grover _Department of Health _Hudson _Highway Department _Johnstown Historical Society Keenesburg Water Conservation Board _Kersey _Oil and Gas Conservation Commission La Salle ^Lochbuie FIRE DISTRICTS _Longmont _Ault F-1 Mead _Berthoud F-2 _Milliken _ _ Brighton F-3 New Raymer _Dacono F-l9 Nunn _Eaton F-4 Platteville Fort Lupton F-5 Severance _`Galeton F-6 _Windsor _Hudson F-7 Johnstown F-8 COUNTIES La Salle F-9 Adams _Longmont F-l0 Boulder _Milliken F-11 pA Larimer Nunn F-12 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-l7 _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 ✓ x Handy Ditch Company _West Adams c/o Don L. Yelek 9908 West County Road 18 East COMMISSION/BOARD MEMBER Loveland, CO 80537 900446 HANDY DITCH COMPANY Berthoud, Colorado c4. (� � 13)-ki Z l-Wzit )(I:W r� G 2y�t�if;" gC /9 912 /, , o 4_iri,x., /7Lept7-446, .O7,v /2(264:: ..icii .4_,deiteem., .J �T(-:, /� 77,22 2 _,Slig2 i‘ ,/42.H.1 �� ,lied 4 -- 2 to QC4� 7,,z�n� e,� � K"" :C1 e �.. / 1 ! �.4d / G GEC ?neyr�,1, iii, fiX J �G� I L. i �LL i Gam/ `de. t (-7, L./e) ,./Ma tell ,# .14,2,,,v 74e .'� �r _ , r� ..<0-47%; ,�4 K(t -7,� Uzi_ /P ix/ -EY 2 '7k,' at,Q)9-4-e- ,dai. C----)air Aixat ,&-e2 ,,ade 916,tale _4/AAA' ' CST i ; , VT?1 ��G fl1( (r /+ Y67 zefi,x( r iifr , .,� ',)2� v ail�k �v" 27-2 \ifAPR 2 1990 � � j, nati, ,�`i��> Lev77. !f. C C� Went Ch. A,, 900446 cststi. MEMORAnDum Weld County Planning April 5, 1990 To Date Environmental Protection Services /ny/1V�{,(J� COLORADO From (' Case Number: RE-1262 Name: Stroh, Viola subiect: Environmental 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 permit on the existing system. WP231/cs Yitiors 6s.. "i-- 900446 Tc z hhh l( I l ii l:l .11' C i. Frt; r tl f rMAR 9 g 1990 �-'o t Lrtt�t\tt�lA VLIIY tVVv w�,ti . PHONE(303)356-0000,EXT.4400 91L5O STREET GREELEY,COLO RADO 80631 Ce CASE NUMBER RE-1.262 COLORADO March 23, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Viola Stroh for a recorded exemption. The parcel of land is described as part of the Si of Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 48 and east of and adjacent to Weld County Road 1. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 5, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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 'C +ry (is/is not) compatible with the interests of our ; -- Y� town for the following reasons: .;to 3.1X We have reviewed the request and find no conflicts with our interests. r- ,41, lG o zi4. A formal recommendation is under consideration and will be c �a submitted to you prior to: 1 1) 5. Please refer to the enclosed letter. • ()Signed: � � .o_fi.( Agency: (0 4:1", U yV1ent.gcrpe,/ Date: o )j.� 'Gin 1 900446 ' DEPARTMENT OF PLANNING SERVICES PHONE(303)356-40O0,EXT.4400 91510th STREET Y GREELEY,COLORADO 80631 • CASE NUMBER RE-1262 COLORADO March 23, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Viola Stroh for a recorded exemption. The parcel of land is described as part of the Si of Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 48 and east of and adjacent to Weld County Road 1. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 5, 1990, co that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 5"Zi2. We do not have a Comprehensive Plan, but we feel this request g + -c, (sal (is%is not) compatible with the interests of .our ro -Y2.1 town for the following reasons: K -r�.l s:. %p -r�i.I o ] 3. We have reviewed the request and find no conflicts with our interests. 1J 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. k/// Please re er to the enclosed letter. Signed: ✓2 At, �s „,„ Agency: 4,14.4,77efrael Date: y - 1(7 -94 900446 , 1 jiff , DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET • _ t GREELEY,COLORADO 80631 71K_ I r • j CASE NUMBER RE-1262 COLORADO March 23, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Viola Stroh for a recorded exemption. The parcel of land is described as part of the Si of Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 48 and east of and adjacent to Weld County Road 1. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 5, 1990, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. X. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: 607/ 4..e4(.64-4-- Agency: X4477/04-c CO&— I� ,� S4! Y,1ytjN Date: 227 4,74(„ 490 l\'� MAR 2 8 19901 900446 orfirs I�0 DEPARTMENT OF PLANNING SERVICES �'�1 PHONE(303)3564000,EXT.4400 97O1R0 STREET GREELEY,COLORADO 80631 • COLORADO March 23, 1990 Intermill Land Surveying, Inc. Attn: Larry Intermill 1301 North Cleveland Avenue Loveland, CC 80537 Subject: RE-1262 - Viola Stroh, located in part of the Si of Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Intermill: Your recorded exemption application is complete and in order and will be processed on or before April 16, 1990. 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 prior to the hearing. The Board of County Commissioners will they, consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please feel free to call me. • Respectfully, h.�� chuett � Current Planner EAS:rjg 90044g Hello