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Home My WebLink About910083.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1314 - MAX AND MARY MOLER 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. 1314, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1314 was submitted by Max and Mary Moler for property which is located in part of the S/2 NW/4 of Section 28, Township 1 North, Range 66 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 57.4 acres and 8. 77 acres, and WHEREAS, the Department of Planning has presented certain Conditions of Approval to the Board for consideration in this request, hereby marked as Exhibit "B" and incorporated herein as reference. WHEREAS, the Board also desires to make this approval conditional upon a mutual agreement being executed with the property owners sharing maintenance of the access road to this property, and WHEREAS, the Board desires to review and approve the mutual maintenance agreement at such time as it has been executed by all concerned parties. 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 that this approval is conditional upon the attached Exhibit "B" Conditions of Approval. BE IT FURTHER RESOLVED that this approval is conditional upon the execution of a mutual agreement for maintenance of the access road to this parcel. BE IT FURTHER RESOLVED that this approval is conditional upon the review and approval, by this Board, of the mutual agreement herein described. 910083 Page 1 RE: RE #1314 - MOLER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of January, A.D. , 1991. L / �A, vidutA? BOARD OF COUNTY COMMISSIONERS ATTEST: �� WELD CO %LO DO Weld County Clerk to the Board / a- -- Go :� /�" a airman By: mil--edi -(- (EXCUSED) Deputy Clerk to the Board GeorF�� Kennedy, Pro-Tem APPROVED AS TO FORM: -67. e,Qjt Constance L. Harbert County Attorney C. W. Kirby "%In �j ��) W. H. Webster � V 910083 EXHIBIT "B" CONDITIONS OF APPROVAL RE-1314 MAX AND MARY MOLER JANUARY 30, 1991 A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. The Recorded Exemption plat shall show a minimum 30 foot wide easement for ingress and egress to the 57 .4 acre parcel and shall designate the easement as "access easement. " The following sentence shall be placed on the plat above the property owner' s signature: "We further dedicate the easements as shown hereon for the purposes shown. " Prior to recording, the applicant shall submit evidence that a minimum 30 foot wide access easement exists to serve the 8.77 acre parcel. The following note shall be placed on the plat: The well for the 8.77 acre parcel shall be constructed into the Lower Arapahoe Aquifer and shall be limited to uses inside a single-family dwelling, the watering of four domestic animals and the irrigation of up to 20,000 square feet of lawn and garden. The applicant shall submit 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 prepared in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. 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 . • �S DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 60631 C. COLORADO January 30, 1991 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption x/1314 Dear Commissioners: This Recorded Exemption application is submitted by Max and Mary Moler. The parcel of land on which this request is being made is described as part of the S2 NW4 of Section 28, T1N, R66W of the 6th p.m. , Weld County, Colorado. The property is located approximately one mile east of Weld County Road 27 and one-quarter mile south of Weld County Road 6. This request is to divide a 66 . 2 acre tract into two parcels of 57 .4 acres and 8. 77 acres. The applicant owns an 80 acre parcel east of and adjacent to the subject property. The Department of Planning Services' staff recommends that this request be denied. The staff is concerned about the adequacy of the domestic water supply for the 8.7 acre parcel. In a letter dated January 14, 1991 the Office of the State Engineer, Division of Water Resources stated that the well permit would be limited to in-house use, the watering of four domestic animals and the irrigation of less than one-half acre of lawn and garden. This leaves approximately 8.2 acres , which is currently productive hay ground, without an adequate water supply. The Applicant has not demonstrated that this request is consistent with efficient and orderly development. The proposed access for the 8.77 acre parcel is from a private dirt road. There are three existing residences that use this same access and the proposed dwelling would be the fourth. The applicant has indicated that a verbal agreement exists between property owners for the maintenance of the access road. The Department of Planning Services staff has concerns as to the long-term effectiveness of a verbal agreement. The proposed access for the 57.4 acre parcel is also by a private easement through property that the applicant owns. There is one existing dwelling using this access at this time. e Y.6 O b+'i.3 Board of County Commissioners RE-1314 Page 2 The staff has concerns about the potential for continued divisions in this area. This is the second recorded exemption by the applicant on this parcel. Further divisions will evade the purpose of the Weld County Subdivision regulations. The purpose of the recorded exemption process is not to create large lot subdivisions over time but to create lots that meet the guidelines of the subdivision regulations. Sincerely, .011C12.n Brian A. Grubb Current Planner 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 2/4)- . (.5-- CASE NO. gEi 154- RECORDING FEE / ZONING DISTRICT AG-lelC1-1(-4'(J12A L. RECEIPT N0. /1 ,S'/' DATE ////b/ flf.2 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: Lot v8" of Recorded Exemption No. 1471-28-2—RE549, Recorded June 2, 1982 at Reception No. 01895227; being part of the South 1/2 of the Northwest Quarter of Section 28, Township 1 North, Range 66 Vest of the 6th P.M. TOTAL ACREAGE.: 66.219 Has this property been divided from or had divided from it ['pother/ fro r-ty_ since August 30, 1972? Yes xx No { � - Is this parcel of land under consideration the total cone aus land 40ed he applicant? Yes xx No �� FEE OWNERS OF PROPERTY: NC/d1 uE"°"°ror "°pnr�,etir'v.� Name: Max Fdgar Neter and Mary Lou Meier Address: 14512 VCR 6. Ft. Lupton. CO 80621 Phone: 659-5863 FRNINN NOTE: Questions andcorresoondence regarding this application should be directed to: Kirk Goble, J.L. Sears I Assoc., 140 Denver AYe., Ft. Lupton, CO 80621 (785-2291) Addrrumx Mem Name: Address: Phone: WATER SOURCE: Larger Parcel None Smaller Parcel Dom.Yell (to be permitted) TYPE OF SEWER: Larger Parcel None Smaller Parcel Septic (to be permitted) PROPOSED USE: Larger Parcel Agric.Production Smaller Parcel Rural Romesite ACREAGE: Larger Parcel 57.44 Smaller Parcel 8.77 EXISTING DWELLINGS: (Yes or No) No (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 ) - Sigma u Own er or Au orized Agent Subscr%• tt •-. y'�41II° before me this 24 day of Al6Uen1ior , 19 917. i i/ %�1 (% % GOBLE 1 ' �4"�';, r'o�, r �Q rrI1%re...............OQQ= Notary P lic ��OF C0t_ 9 .0083 Commission Expires 3/3093 ATTACHMENT TO APrLICATION FOR RECORDED EXEMPTION Subject Property Legal Description : Lot "B" of Recorded Exemption 1471-28-2-RE549, Recorded June 2, 1982 at Reception No. 01895227; being Part of the South 1/2 of the Northwest Quarter of Section 28, Township 1 North , Range 66 West of the 6th P.M. , Weld County, Colorado, and containing 66.219 acres, more or less. Location : Approximately 1 1/2 miles east of U.S. Highway 85 on Weld County Road 6. Owner : Max Edgar Moler and Mary Lou Moler Application Prepared by : Kirk Goble , Broker Associate J.L . Sears Sc Associates 140 Denver Avenue Fort Lupton , CO 80621 REQUIREMENTS Requirement No. 1 : Application form - attached. Requirement No. 2 ; Certificate of Conveyances - attached. Requirement No. 3 : Copy of Deed - attached with Certificate of Conveyances. Requirement No. 4 : The reason for dividing this parcel into two lots is to facilitate creation of a rural homesite on proposed Lot "1 " . The owners are attempting to sell the balance of their existing farm land and desire to construct a home on the remaining smaller parcel . Proposed Lot " I " will contain 8.775 acres, more or less, and proposed Lot "2" will contain 57.444 acres, more or less. Requirement No. 5 : This proposal is consistent with the policies of the Weld County Comprehensive Plan due to the following factors: 1 . No lot has been created by Recorded Exemption within the past five (5) ,years; 2. The property is in an agricultural district and the contiguous ownership is more than twice the minimum lot size , and 3. The lot created by this Recorded Exemption shall have access from Weld County Road 6 over and along an existing 33 foot access easement , located along the West section line of the Northwest Quarter of Section 28-T1N-R66W, which was reserved in Book 530, Page 35, Weld County Records. Requirement No. 6 : This proposal is consistent with the intent of the Zone District which is "A" - Agricultural . The land use will not change as the owners simply desire to create a rural homesite for their future use. Requirement No. 7 : The intended use of the property will be rural homesite for proposed Lot " 1 " and agricultural production (farming) for proposed Lot "2" . These uses are consistent with surrounding and adjacent properties. Requirement No. 8 : The intended use of the property will be rural homesite for proposed Lot "1 " and agricultural production (farming) for proposed Lot "2" . These uses are consistent with the Weld County Comprehensive Plan for the surrounding area which is designated "A" - Agricultural . Requirement No. 9 : This proposal is not inconsistent with efficient and orderly development since the request and proposal is for a rural homesite with one single family dwelling and there is no further planned development . Page 1 21.0083 Requirement No. 10 : Domestic water for the property is to be provided by a domestic well . Upon approval of the recorded exemption, the owner will apply to the Colorado Division of Water Resources for a permit to construct a domestic well that will allow for domestic use and irrigation of not more than 1 acre , and which will not be restricted to in-house use . Said permit will be subject to the requirements of the State Engineer. The property will be served by a septic system for waste disposal . Upon approval of the recorded exemption and in preparation of the homesite, the owner will apply for a septic system permit from the Weld County Department of Health . Requirement No. 11 : To our knowledge the property is not located in a flood plain or in the Weld County Airport Overlay District . To our knowledge , the proposed lot has never flooded and is not affected by any other geologic hazard. Requirement No. 12 : The applicant understands that issuance of the Recorded Exemption may be made subject to the requirements of the Department of Planning and/or Board of County Commissioners and that the Recorded Exemption will not be considered complete until said requirements are met and the approved plat is properly recorded. Requirement No. 13 : Map of property and proposed division - attached. Existing accesses, existing easements, and proposed home location will be shown in detail on the final plat submitted for approval and recording. Requirement No. 14 : Plat - to be submitted for recording upon approval of application. ..31.0183 Page 2 'l. , Y .. _ / �F • /� zzi EI •iJ' • . �� p z. v a °A. : '❑° _ zz 1 z.T��.yt-l`'z• m ax •� x.• � uJ �l• L ;CS .��lj- o '� S •_ _'. - I — __ _ • _••+ ..mua I 4 -okk • I •.• �. . cs / La • •C-I 1 " " I I • n • u . i n n n �i ' • .•i' , I �° :2.1._\ d� z •• a pII�I E ittE \ •x: , • , .U../ x. °.� ll n •_x. part v »j.,__ _____Iii) nxo x 1z x•p o. •u • • _ - �' _S.�- x, I . as � o . is ••1 • • -• Is: x\ I. • xa �Sa ' p 1 _ _ _ r _ I --• - • a. aul •zx —. . �1 a. j as as n xx v • v v - �� z. L\ - • 1! , x I , x . • a , • e x � _ -) I _ — �_� I r -_�� .1.1. � ,----/ I ®I� -- � . ':-- ' --- — , mI a '�x . •, •. t• S � ' j •il i ` ° . -'Q1 J \ µ q n (-72a •�°• i •t ! iN� I to .I/x' I ; 1 :> x. 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' 49b/'e -� 4 J � 50 o \A-496P -- O �� ;�� V 4973 - ,2: 5oal. i s _� I' sos, i � •� o .. / V / ) ` :i:;i.. 4 •i. 7 t::. it: t lit C � B ' ,::::„.2, ::': :9.`4 r+ r4, 044 iLimis . ..... t ri • e!;), • ''�'t• .. ...` __ 4- _0_ 0046 IgE l31 Abe$s»`': 28 6:..: .,,,... :.„.. .......,,,.......,,,... - • .4.1') qt:SKY,. ..i: 7 . ._T 4: 4 ::::) ,„:i.:. ..1, - .... -•. it • • $10083 FIELD CHECK FILING NUMBER: RE-1314 DATE OF INSPECTION: November 16, 1990 NAME: Max and Mary Moler REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the Si NW} of Section 28, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately one mile east of Weld County Road 27 and .25 miles south of Weld County Road 6 LAND USE: N Two rural residences, irrigated pasture E Irrigated pasture S Irrigated pasture W Dairy and irrigated pasture land ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: There are power lines running along the north border of the property. There is no existing or proposed access to Lot 2. Access to Lot 1 is from Weld County Road 6 onto a private road shared by the subject property and several surrounding properties. By Brian A. Grubb Current Planner +s REFERRAL LIST NAME: Max and Mary Molex CASE NUMBER: RE-1314 REFERRALS SENT: November 16, 1990 REFERRALS RECEIVED BY: November 30, 1990 COUNTY TOWNS and CITIES Attorney Ault X Health Department X Brighton _Extension Service Dacono Emergency Management Office Eaton _Sheriff's Office _Erie Engineering Evans Housing Authority Firestone Airport Authority _Fort Lupton _Building Inspection Frederick Garden City STATE Gilcrest X_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 _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-10 _Adams _Milliken F-11 _Boulder Nunn F-12 Latimer +Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 US Army Corps 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 �� 0083 . • l1 DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 I 91510th STREET GREELEY,COLORADO 80631 C. COLORADO November 16, 1990 Max and Mary Moler 14512 Weld County Road 6 Ft. Lupton, CO 80621 Subject: RE-1314 Dear Mr. and Mrs. Mole r. Your recorded exemption application is complete and in order and will be processed on or before December 18, 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 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 Brighton Planning Commission for its review and comments. Please call Jim Sayre at 654-1638 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 Brighton Planning Commission meeting to answer any avestions the Commission members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me. Respectfully, Brian A. Grubb Current Planner /tpA °1 0083 PROPOSE RECORDED EXEMPTIO, PLAT ,-N_-- - - - NW Cor. NW U4, 33'Access Caseneed- 54:O28 1 I (Rererrrl in BN.53o, Pc.35,Weld CowY Retards) NE Lerner 1 ''^ N 69°5955 E - 't 567.12 SI/arNW V4,R°.78 irNeri11 Line I--NW Gamer ' - I SI/2r NM 1/4 ,I E S-$54 2...r ...5: sea In PROPOSED' ,- PROPOSED :l LOT "V LOT "2" ' 8-77 ACRES 57.44 ACRES • -7 Ir-33rAc c rn @mei Eaeenenr fH'Br 51126"E-111.00 In D I O el O _ N S 130°,4613."C-51,4,21 In °- I . Y :CI • 1 M la -O 0 N U o N O N 0 z 0 (RE-549) 0 • LOT A 12.000 Acros t w..r o 1 0 I l.n. I 0 l • 6 n 5.51 1906.0) S09^ I6M 1�_ C 5o.6D sw ce.a.r 5 891°50.26"W - 2591.60 \-Same ll^° 7/—�9— 31/2,NW I/1,S°L I0 SE fern.. 71H NF6W SI/I,NWI/1,S.c,10 I WIll Cornet SCALE: In= 3001 • •-�- — Section Corner LOT Acres i 8.77 — Stool Pin Sot LOT 59.44 Acres ± • L' TOTAL = 66.21 Acres t J 0. MAX- E. MOLER & 1 MARY L. MOLER zo \ R / I 22 14512 Weld County Road 6 • ` Ft, Lupton , Colorado 80621 L _ II I �y_ Y - I fy'4' �o I Proposed -49 ,e— P - lot "1" v �„ r� _- ? Proposed � . 29 _. ,�_ _ ZD T ,,,.47 ,„_____//c ppIy a ,, I — 1 ROAD A it LOCATION MAP, SCALE:1'1;2OOR WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) Order No. 8505546 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 3O, 1972. LEGAL DESCRIPTION: Property in the State of Colorado, County of Weld as setforth in Exhibit "A" attached hereto. CONVEYANCES (if none appear, so state) : Reception No. 1641246 , Book 719 Reception No. 1824997 , Book 903 Reception No. 1915771 Book 987 (See attached copies ) Reception No. , Book Reception No. , Book Reception No. , Book 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 8th day of November , A.D. , 199_f . at 7 : 00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY r, COMPANY BY: 0717.a/nai L�i / l C!✓s r Y A THORIZED SIGNATURE n4 0093 a EXHIBIT "A" Order No. 8505546 Lot "B" of Recorded Exemption No. 1471-28-2-RE 549 recorded June 21, 1982 in Book 970 as Reception No. 1895227, being a part of the S'k of the NWa of Section 28 , Township 1 North, Range 66 West of the 6th P.M. , being a portion of the following described tract : Beginning at the Southwest corner of said S'k of the NWa: thence N00°03 ' 19"W on an assumed bearing along the West line of said S'k of NWa a distance of 1319 . 63 feet to the Northwest corner of said S'k of the NWa; thence N89°54 ' 55"E along the North line of said S'k of NWa a distance of 2567 . 12 feet to a point 56 . 50 feet West of the Northeast corner of said Sa of the NWa ; thence SO1°06 ' 58"E a distance of 1322. 50 feet to a point on the South line of said S'k of the NWa said point being a distance of 30 . 6 feet West of the Southeast corner of said S'k of the NWa; thence S89°58 ' 26"W along the South line of said Sk of the NWa a distance of 2591 . 60 feet to the POINT OF BEGINNING. WELD COUNTY, COLORADO. zz.of•COL O19 ROY ROMER Hey p`, JERIS A. DANIELSON Governor State Engineer '* 1876.x`% OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES r 1313 Sherman Street-Room 818 y tom, ‘` A.�, 1 Denver, Colorado 80203 - (303) 866-3581 ^5. I '� in, January 14, 1991 Wall Co. plaomap 6ommismob Mr. Brian A. Grubb Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Moler Exemption, RE-1314 S1/2 NWI/4, Sec. 28, TIN, R66W Dear Mr. Grubb: We have received additional information concerning the above referenced proposal . We understand the County is reluctant to approve this exemption based upon an in-house-use-only well for the 8.77 acres. Further investigation by our office indicates that we could issue a well permit for a well to be constructed into the Lower Arapahoe aquifer which will allow for some outside uses. This aquifer is located approximately 200 feet below the surface and extends to approximately 450 feet down. This permit would allow for uses inside a single-family dwelling, the watering of approximately four domestic animals, and the irrigation of up to 20,000 square feet of lawn and garden. If this is acceptable to the County and the applicant, we can recommend approval of the proposed split. 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. iSl ' cerely,,jf�mes C. McDanold, P.E. Senior Water Resources Engineer JCM/c1f:5291I cc: Bruce DeBrine Kirk Goble s C 1 E�'4184ye ‘11-- el° _ DEPARTMENT OF PLANNING SERVICES ti w PHONE(303)356-0000,EXT.4400 2'1I� � 1�� 91510th STREET GREELEY,COLORADO 80631 DEC 3 j COLORADO flab, Pam "u6u1owuro CASE NUMBER RE-1314 November 16, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Max and Mary Moler for a Recorded Exemption. The parcel of land is described as part of the Si NW} of Section 28, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 mile east of Weld County Road 27 and .25 miles south of Weld County Road 6. 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 30, 1990, so •that we may give full consideration to your recommendation. Please call Brian A. Grubb 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. i 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: 4,-- /' `(4/ -©<9,1,' Agency �, al.., (-)1 r,' ii77,/1;, r/, Date: , / //, (__cSrl � 7 �. �7 2 ? ,ief_� MEMORAilDUM Weld County Planning November 30, 1990 Date wise To—zi Environmental Protection Services COLORADO From Case Number: RE-1314 Name: Moler, Max Mary Subject: 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. WP913/cs ID 2 j_:1 5.: . 1, 1?,:; i:, 1;30 - ) 916083 0 F�0 pF Cp��d9O... JERIS A. DANIELSON ROY Governor w � C I State Engineer \/876/ OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES �( 1313 Sherman Street-Room 818 0 p )ci\v7(}^�, Denver, Colorado 80203 - 111"""111 r 1 I'—I` (303) 866-3581 DEC 2 i 1990 December 18, 1990 77 — __v/tr.. 1".'Sli n. Planim arum Mr. Brian A. Grubb Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Moler Exemption, RE-1314 SI/2 NW1/4, Sec. 28, T1N, R66W Dear Mr. Grubb: We have reviewed the above referenced proposal to separate 66.219 acres into parcels of 57.44 and 8.77 acres. There are no wells on the property. The 66.219 acre was created in RE-549 from a 78 acre tract. A 12 acre parcel was also created in that exemption. Information in our files indicates that a new well permit has not been issued on this 12 acre parcel . It appears that the water supply is an old unregistered well . We could make a household-use-only well available for the 8.77-acre tract as long as the 12 acre parcel created in RE-549 does not require a new well permit, i .e. it is supplied from an old unregistered well which has been used since prior to 1972 for ordinary household purposes inside a single-family dwelling, the watering of domestic animals, and the irrigation of not more than one acre of lawn and garden. Use of this well for lawn and garden would be prohibited. If these limitations are acceptable to the applicant, we can recommend approval . We ask for a plat note or covenant to reflect the limitation, on the use of the well . The larger tract is intended for agricultural use. We consider this to be a one-time exemption and thus we would be opposed to any future separations of any of the parcels created in this exemption or RE-549. The availability of a domestic well for the 57.44-acre tract will be the same as any tract over 35 acres. 1S ' cerely, James C. McDanold, P.E. Senior Water Resources Engineer JCM/c1f:4812I cc: Bruce DeBrine 910083 Board of County Commissioners January 30, 1991 Weld County Centennial Center 915 10th St . Greeley, CO 80631 Subject : Recorded Exemption #1314 I am representing Mr . & Mrs. Max Moler in their application for recorded exemption. I have assisted them in preparing the application and the follow-up to concerns of the planning staff . I can state that I have no vested interest in the outcome of the application as I am not attempting to sell the newly created parcel , nor will the exemption affect the marketing of the balance of the Moler's property. I have simply been asked by the Molers to help them with the application process. This statement is in response to the comments contained in a letter to the County Commissioners from the Department of Planning Services Staff. The staff is recommending denial of this recorded exemption for the following basic reasons: 1 .) lack of adequate water supply, 2. ) inconsistency with efficient and orderly development due to concerns of maintenance of private access, 4.) concerns for potential further development in the area. We wish to address each of these concerns in detail and hope to demonstrate why this is a legitimate exemption that should be approved by the Board of County Commissioners. CONCERN: Adequacy of domestic water supply. A December 18 letter to Mr. Grubb from the State Engineer, Division of Water Resources indicated that a permit for a domestic well would be limited to in-house use only. At that time , Mr. Grubb informed me that this circumstance would likely result in a denial of the Recorded Exemption . I subsequently met with Jim McDanold at the Division of Water Resources in Denver regarding this matter and inquired about possible alternatives. After further research , Mr. McDanold provided a follow-up letter on January 14, 1991 to the Department of Planning which stated that a permit for a well constructed into the Arapahoe aquifer could be approved and that such well would provide for in-house domestic use , watering of approximately four domestic animals and irrigation of up to 20 ,000 square feet of lawn and garden. Mr. McDanold's letter states that his office would recommend approval of the property split if these conditions were acceptable to the applicant . The Molers agree that the conditions are acceptable to them. Since the Planning staff's primary source of information and direction with regard to a domestic water supply appears to be the State Engineer's Office, and since that office has recommended approval with conditions, we feel that this request should not be denied on this basis. Further, the staff's comments make note that the balance of the property is productive hay ground without an adequate water supply. The implication is that this ground would be cut off from any water supply for maintenance of surface cover . In fact , the property has a history of sub-irrigation that has maintained the hay without application of irrigation water . Mr . Moler has installed drain tiles in select locations throughout his other , adjacent lands to control the high sub-surface water level . The Molers have indicated a desire to re-seed the 8.77 acre lot to a dryland grass mixture that would be self-sustaining and would provide adequate cover and erosion control . Mr. Moler is active in his Soil Conservation District and serves as a member of the District's Board of Directors. As such, he understands the need for adequate cover and erosion control and can utilize the resources of the Soil Conservation Service to insure its proper 910083 83 page 1 establishment and maintenance. We believe this dedication and understanding, together with the extra efforts made to address the well situation , should satisfy the concerns of the Planning Staff with regard to water supply. CONCERN: Inconsistency with efficient and orderly development . The staff's concern centers primarily on the access road to the property, which is a 30 foot deeded access as shown on the proposed exemption plat . While a total of four residences utilize this access, two of the dwellings are located in close proximity to WCR 6, where the access serves basically as a short driveway for them. The balance of the road has been built up with reclaimed concrete and gravel and is regularly graded. The residents who use it have indicated that it is often in better condition than Road b, realizing that it does carry less traffic . A verbal agreement for maintenance of the road has served the residents well and has proven its own effectiveness. The applicants appreciate the concerns of the county in this regard, however , any maintenance of the access should be considered as a private matter , as with any private driveway, and does not add to the maintenance responsibilities of the county. CONCERN: Potential for further divisions. The Molers feel that they are in complete compliance with the Weld County regulations regarding the recorded exemption process and intent . The regulations allow for no more than one split every five years. While the property has been divided once before , for other purposes, that exemption was completed and approved in 1982. The Molers now desire to "square-up" the west end of their property and provide for a smaller parcel upon which to construct a home for their retirement . They are attempting to sell the balance of their farm (approximately 140 acres) and retire to the proposed smaller parcel . The applicants definitely do not have as their intention the creation of a large lot subdivision over time , nor is it their intent to evade the purpose of the regulation. Indeed, the regulation itself seems to adequately control this issue . We feel that a denial of the exemption on this basis would be an arbitrary expansion of the scope of the regulations. This application was made in good faith with an attempt to address all the requirements stated in the application. OTHER; The creation of this parcel will change its use from agricultural production to rural homesite . As a result , its assessed valuation will increase and it will produce higher tax revenues to Weld County with a minimal , perhaps negligible , increase in ine demand for county services as a result . Based upon these explanations and the information contained in the original application, we request that the Board of County Commissioners approve this recorded exemption . We will be happy to address any other concerns or answer any other questions. Thank you for your consideration . Sincerely, Kirk Goble Broker Associate J.L. Sears & Associates For Max Maier and Mary Lou Moler , Applicants page 2 Q ook, Hello