HomeMy WebLinkAbout931208.tiff RESOLUTION
RE: APPROVAL OF AMENDED RECORDED EXEMPTION NO. 1161 - WIEDEMAN
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 Amended Recorded Exemption No. 1161,
does not come within the purview of the definition of the terms, "subdivision"
and "subdivided land", and
WHEREAS, the request for Amended Recorded Exemption No. 1161 was submitted
by Albert, Perry, and Greg Wiedeman for property which is located in part of the
SW* of Section 3, Township 6 North, Range 65 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 amend Recorded Exemption No. 1161 by increasing
the size of Lot B from 68 acres to 80.553 acres, more or less.
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 following:
1. A Weld County septic permit is required for any proposed home. The
septic system shall be installed according to the Weld County
Individual Sewage Disposal System (ISDS) regulations.
2. ISDS permits shall be finalized and approved by an Environmental
Protection Specialist within one (1) year of the application date.
3. The Amended Recorded Exemption plat shall show a minimum 30-foot
access easement across the north boundary of Lot A for the benefit
of Lot B and across the north boundary of Lots A and B for the
benefit of Lots A and B of Recorded Exemption No. 1501.
BE IT FURTHER RESOLVED by the Board that the applicant shall submit an
amended mylar plat to the Department of Planning Services to be recorded in the
office of the Weld County Clerk and Recorder. The plat shall be prepared in
accordance with the requirements of Section 11.7 of the Weld County Subdivision
Ordinance. The plat shall be submitted within sixty days from the date of
approval by the Board of County Commissioners. The applicant shall be
responsible for paying the recording fees.
931208
/e-! //‘i Cc ; AZ;
RE: AMENDED RE II 1161 - WIEDEMAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the /folll/owing/vote on the 22nd day of November, A.D. , 1993.TY ATTEST: J J /� /�jj7,J/ WELDD OF COUNTY,JNCOLORADOSSIONERS
Weld County/ ty Clerk/to the/// Board/11
onstance L. H r ert, hairman
BY: /
4_44,
Deputy Clerk to the Board W. H. eb to , P orTem
APPROVED AS TO FORM: C -
eorge . Baxter
� ,(D{A/�
oun Y Y Atto ne a K. Hall —T
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
931208
re
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 C. N. 17TH AVENUE
GREELEY, COLORADO 80631631 COLORADO
November 22, 1993
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Subject: Amended Recorded Exemption 1161.
Dear Commissioners:
This request for an Amended Recorded Exemption is submitted by Albert, Perry, and
Greg Wiedeman. The parcels of land are located in part of the SW4 of Section 3,
T6N, R65W of the 6th P.M. , Weld County, Colorado, east of Weld County Road 43 and
north of Weld County Road 72. Recorded Exemption 1161 was approved by the
Department of Planning Services in March, 1989.
This request is to amend Lot B of Recorded Exemption 1161 by increasing it from
68 acres, more or less, to 80.53 acres, more or less. Lot A would remain
unchanged. The property is not the total contiguous land holding of the
applicants. The Wiedemans own a parcel adjacent to the subject site on the east,
which is Lot A of Recorded Exemption 1501. In conjunction with this application,
the applicants are proposing to amend Recorded Exemption 1501 as well. By moving
the lot line to the east between the two parcels, Lot A of Recorded Exemption
1501 would be decreased in size from 51.325 acres, more or less, to 42.321 acres,
more or less. The intent of this amendment is to include in Lot B (RE-1161) a
strip of land located between the parcels which was inadvertently excluded from
either parcel in the previous recorded exemption survey. In addition, approval
of this amendment would allow the applicants to correct the placement of the lot
line so that it follows an existing field line on the property.
It is the staff' s opinion that this request complies with the Weld County
Comprehensive Plan. The proposed boundary adjustment would allow a severed piece
of irrigated farmland to be returned to the original farm. The subject property
is in the urban growth area of Eaton and the Town of Eaton has no conflict with
this proposal. Because of the above-mentioned reasons, it is the staff's opinion
that the Wiedemans have demonstrated reasonable justification in requesting this
amendment. The staff, therefore, recommends approval with the following
conditions:
931 208
RECOMMENDATION, Amended RE-1661
Albert, Perry and Greg Wiedeman
Page 2
1. The applicant shall submit an amended mylar plat to the Department of
Planning Services to be recorded in the office of the Weld County Clerk
and Recorder. The plat shall be prepared in accordance with the
requirements of Section 11.7 of the Weld County Subdivision Ordinance.
The plat shall be submitted within sixty (60) days from the date of
approval by the Board of County Commissioners. The applicant shall be
responsible for paying the recording fees.
2. A Weld County septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County Individual Sewage
Disposal System (ISDS) regulations.
3. Individual Sewage Disposal System permits shall be finalized and approved
by an Environmental Protection Specialist within one (1) year of the
application date.
4. The Amended Recorded Exemption plat shall show a minimum 30 foot access
easement across the north boundary of Lot A for the benefit of Lot B and
across the north boundary of Lots A and B for the benefit of Lots A and B
of Recorded Exemption 1501.
Respectfully submitted,
(to is Dunn
Current Planner
GD/sfr
931.298
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REFERRAL LIST
NAME: Albert, Perry and Greg Wiedeman CASE NUMBER: Amended RE-1161
REFERRALS SENT: October 19, 1993 REFERRALS TO BE RECEIVED BY: November 2, 1993
COUNTY TOWNS and CITIES
Attorney ____Ault
X Health Department Brighton
_Extension Service _Broomfield
_Emergency Management Office Dacono
Sheriff's Office X Eaton
_
_Engineering _Erie
_Housing Authority _Evans
_Airport Authority _Firestone
Building Inspection ____Fort Lupton
Frederick
STATE _Garden City
_Division of Water Resources _Gilcrest
_Geological Survey Greeley
_Department of Health Grover
_Department of Transportation 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
Briggsdale F-24 ____Milliken
_Brighton F-3 _New Raymer
_Eaton F-4 _Northglenn
_Fort Lupton F-5 Nunn
Galeton F-6 _Pierce
_Hudson F-7 _Platteville
_Johnstown F-8 Severance
La Salle F-9 Thornton
_Mountain View F-10 _Windsor
Milliken F-11
_
Nunn F-12 COUNTIES_
_Pawnee F-22 _Adams
_Platteville F-13 _Boulder
_Platte Valley F-14 _Larimer
Poudre Valley F-15
Raymer F-2 FEDERAL GOVERNMENT AGENCIES
_Southeast Weld F-16 _US Army Corps of Engineers
Windsor/Severance_ F-17 USDA-APHIS Veterinary Service
_Wiggins F-18 Federal Aviation Administration
Western Hills F-20 ____Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
_Central Colo. Water Conservancy Dist. _Brighton
Panhandle Eastern Pipe Line Co. ____Fort Collins
Tri-Area Planning Commission _Greeley
_Longmont
West Adams
COMMISSION/BOARD MEMBER
931208
1t
DEPARTMENT OF PLANNING SERVICES
liD
PHONE(303)353.3845, EXT. 3540
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
Date: October 19, 1993 CASE NUMBER: Amended RE-1161
TO WHOM IT MAY CONCERN:
Enclosed is an application from Albert, Perry and Greg Wiedeman for a Recorded
Exemption. The parcel of land is described as Lot B of RE-1161, in part of the
SE4 of Section 3, T6N, R65W 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 east of the Town of Eaton; east of Weld County Road 43 and
south of Weld County Road 74.
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
November 2, 1993, so that we may give full consideration to your recommendation.
Please call Gloria Dunn, 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. 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: Agency:
Date:
9312^9
fj\ fl1EORAflDU
11`P To Weld County Planning We November 9, 1993
COLORADO 7
From Jeff Stoll, Director, Environmental Health
Subject:Case Number: amend RE-1161 Name: Wiedeman, A. , P. , & G.
PT SE4, Section 03, Township 06 North, Range 65 West
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. A 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. Any existing septic system(s) which is not currently permitted through the
Weld County Health Department will require an I.S.D.S. Evaluation prior to
the issuance of the required septic permit(s) .
3. An Individual Sewage Disposal System must be located at least 100 feet
from any well.
4. An Individual Sewage Disposal System permit must be finalized and approved
by an Environmental Protection Specialist within one (1) year of the
application date.
JLS/
° EC IVE
NOV 0 9 1993
imPld ronnty Planning
9312^9
ft, DEPARTMENT OF PLANNING SERVICES
PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. ORAO AVENUE
COLORADO 80631
COLORADO
Date: October 19, 1993 CASE NUMBER: Amended RE-1161
TO WHOM IT MAY CONCERN:
Enclosed is an application from Albert, Perry and Greg Wiedeman for a Recorded
Exemption. The parcel of land is described as Lot B of RE-1161, in part of the
SE4 of Section 3, T6N, R65W 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 east of the Town of Eaton; east of Weld County Road 43 and
south of Weld County Road 74.
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
November 2, 1993, so that we may give full consideration to your recommendation.
Please call Gloria Dunn, 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. 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. ase r r th enclosed letter.
Sig d: Agency: •
TOWN OF EATON
/D/ /t P. First Street
Date: O orB f✓� z V
Eaton, Colors Le*
I
21
OCT 2 21993
931208 Weld County M lM
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DEPARTMENT OF PLANNING SERVICES
PHONE(303) 3533845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
C� 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
October 19, 1993
Albert, Perry and Greg Wiedeman
15710 Weld County Road 74
Eaton, CO 80615
Subject: Amended Recorded Exemption 1161.
Dear Sirs:
Your recorded exemption application is complete and in order and will be processed
on or before November 19, 1993. If it is determined that the application meets the
approval criteria of the Weld County Subdivision Ordinance, 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 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 Town of Eaton Planning Commission for its review and comments.
Please call Gary Carsten, at 454-3338, for further details regarding the date, time,
and place of this meeting. It is recommended that you and/or a representative be in
attendance at the Eaton Planning Commission meeting to answer any questions the
Commission members may have with respect to your application.
If you have any questions concerning this matter, please call me.
Sincerely,
to is Dunn
Current Planner
GD/sfr
931299
&C11?"::Th\
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
I
WELD COUNTY ADMINISTRATIVE OFFICES 111
�i 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
November 16, 1993
Albert, Perry, and Greg Wiedeman
15710 Welu County Road 74
Eaton, CO 80615
Subject: AM RE-1161 and AM RE-1501 - Request to amend two Recorded
Exemptions on parcels of land described as part of the SW4 of
Section 3, T6N, R65W of the 6th P.M. , Weld County, Colorado.
Dear Sirs:
I have scheduled a meeting with the Board of County Commissioners on
Monday, November 22, 1993, at 9:00 a.m. to consider your applications.
This meeting will take place in the County Commissioners' Hearing Room,
first floor, Weld County Centennial Center, 915 Tenth Street, Greeley,
Colorado. It is recommended that you or a representative be in attendance
to answer any questions the Board of County Commissioners might have with
respect to your applications.
The Department of Planning Services' staff will make a recommendation
concerning these applications to the Board of County Commissioners. It is
the responsibility of the applicant to call the Department of Planning
Services' office a few days before the date of the Commissioners' hearing
to obtain the recommendations.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
is Dunn
Current Planner
9312'^8
FIELD CHECK
FILING NUMBER: AM RE-1161 DATE OF INSPECTION: November 17, 1993
APPLICANT' S NAME: Albert, Perry, and Greg Wiedeman
REQUEST: Amended Recorded Exemption.
LEGAL DESCRIPTION: Part of the SW4 of Section 3, T6N, R65W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: East of Weld County Road 43 and south of Weld County Road 74.
LAND USE: N Access road, agricultural production, residence
E Agricultural production
S Access road, agricultural production
W Weld County Road 43, agricultural production
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Access exists on the north side of the site from a private road off Weld County
Road 43, a paved road. The majority of the property is used for agricultural
production. Three houses exist on the original parcel (prior to any
subdivision) , 2 in the northwest corner and one on the south. An access road
also exists on the south boundary of the property. This road allows access to
the airport which is surrounded by the Wiedeman' s land.
Gloria Dunn
Current, Planner
931208
Amended
APPLICATION FOR RECORDED EXEMPTION
PHONE: 353-3845, Ext. 3540
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
FOR PLANNIN EPARTMENT USE ONLY:
APPL. FEE
CASE NO. RE 1lt 1 RECORDING FEE
ZONING DISTRICT A RECEIPT NO. \el,`,(ccP
DATE /0- /3- 13 APPL. CHECKED BY 6-jo
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 of Recorded Exemption No. 0803-3-3-RE1161 recorded April 27, 1989
being a portion of the SW-1/4 of Section 3, Twn. 6 North, Rg. 65 West of 6th P.M.
TOTAL ACREAGE: 68 Acres
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes x No
Is this parcel of land under consideration the total contiguous land owned by the
applicant? Yes No x
FEE OWNERS OF PROPERTY:
Name: Albert, Perry & Greg Wiedeman
Address: 1571 0 Weld Co. Rd. 74, Eaton. CO 80615 Phone: 454-2079
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Proposed North W Smaller Parcel Proposed North Weld
TYPE OF SEWER: Larger Parcel Existing Septic Smaller ParcelProposed septic
PROPOSED USE: Larger Parcel Jrrig, farmland Smaller Parcel irrig. farmland
ACREAGE: Larger Parcel 80.553 Smaller Parcel 68 Acs.
EXISTING DWELLINGS: (Yes or No) Yes (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 C Oj e///aCz f/ . , . )
:: . Signature: Omer or Authorized Agent
Subsc be$ "S arid8o$n Ito efore me this 2..5 day of I/}�Y\'A l9 98.
i . _I,.::uL-R
... \(SEAL) :
�, y Public o Th E�iI�V�E
My Commission Expires /Yl f, ag 1117 0CT 1 3 1993 11
l 9312'? Weld County Planning
TO: Weld County Department of Planning
RE: Lot A of Recorded Exemption No. 0803-3-3-RE1501 &
Lot B of Recorded Exemption No. 1161 , being a portion
of SW-1 /4 of Section 3 , Twn . 6 North, Rg. 65 West of
6th P.M. , Weld County , CO
OWNER: Albert, Perry and Greg Wiedeman
Recorded Exemption Questionnaire
Item 1 . Within the last two months, we were granted the
Recorded Exemption No. 1501 . Albert Wiedeman
intended to build a new home on Lot A and split the
remaining land into rural homesites through a minor
subdivision application. However, opposition from
neighboring landowners changed our plans, and
we have no desire to develop a subdivision.
An error was also discovered in the surveys of the
above mentioned Lot A and the adjoining Lot B of
Recorded Exemption No. 1161 to the west which we
also own. A small portion of land between the two
recorded exemptions was never included with either
lot.
Therefore, we are requesting that this omitted
section and a few acres in Lot A which could be
considered more productive farmland for a total of
approx . 9 acres be added to the adjoining Lot B.
This would reduce the acreage of Lot A from 51 . 325
acres to 42 .321 acres of primarily hilly and highly
erodible non productive farmland . The Wiedemans
would like to build their new home on this lot. They
would not be taking any farmland out of production.
The adjoining Lot B of Recorded Exemption 1161 would
be amended from 68 acres to 80 . 553 acres. It would
remain as irrigated farmland .
Item 2 . The recorded exemptions are located approx. 2 mi .
east of Lucerne, CO on Hwy . 392 , 2 mi . north on Weld
Co. Rd. 43. Existing access to both Lot A & Lot B is
by means of an existing 30 ft. easement from Weld Co.
Rd . 43 along the north boundary line of the parcels .
Item 3. This proposal is consistent with the Weld County
Comprehensive Plan because the land is surrounded by
irrigated agriculture land and rural residences.
Both of these exemptions have been previously
approved, and we are merely changing the property
lines to correct a surveying error and to put a
portion of the land originally planned for a minor
subdivision back into the larger parcel of irrigated
farmland.
931298
Item 4. The uses permitted will be compatible with the
existing surrounding area, because the surrounding
area consists of irrigated farm land and rural
residences .
Item 5 . This proposal is consistent with the intent of the
Zoning District which is Agriculture and will remain
as such .
Item 6 . This proposal is consistent with the efficient
and orderly development of the county since the
property will remain as agriculture farmland and a
rural residence site .
Item 7 . There will not be anything different than it is now ,
that would create a health or safety problem for the
neighborhood . Domestic water will be serviced by
North Weld County Water District (see letter
enclosed ) . Sewage disposal will be by means of a new
septic system on Lot A . There is an existing septic
system for the small tenant house located on the
larger parcel ( Lot B) .
931299
BOARD OF DIRECTORS
ERNEST TIGGES - '` NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON
ERNGARY K ROSS /OP IMP! i. HIGHWAY 85 • LUCERNE, COLORADO 80646
WM CHARLES ACHZIGER ' I qI LYLE NELSON, MGR.
. -= P.O. BOX 56 • PHONE 356-3020
April 26 , 1993
RE : Water Service
Dear Sirs,
This letter is in response to your inquiry regarding water service
to the following described property:
SW1/4 of Section 3-6N-65W
1. Water service is presently being provided to the
above described property.
2. x Water service can be made available to the above
described property provided all requirements of
the District are satisfied.
If contracts have not been consumated with North Weld County Water
District within one year from date of this letter, this letter shall
become null and void.
Additional comments:
Sincerely,
NORTH WELD COUNTISTRICT
L e D. Nelson, Manager
NDL/ds
931299
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