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HomeMy WebLinkAbout900489.tiff RESOLUTION RE: CHANGE CONDITIONS FOR RECORDED EXEMPTION NO. 1231 - ROBBINS 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, on February 7, 1990 , the Board approved Recorded Exemption No . 1231 for Arthur B. and Jean A. Robbins , subject to five Conditions, and WHEREAS, Conditions #4 and #5 concerned the well and the recording of a covenant guaranteeing the delivery of irrigation water to the proposed smaller parcel, and WHEREAS , the applicants are requesting that Conditions #4 and #5 be removed from Recorded Exemption No. 1231 because they have designated a parcel of land greater than 35 acres for the well and have received approval for a full use domestic well , and WHEREAS, after study and review, the Board deems it appropriate to grant said request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Conditions #4 and #5 be, and hereby are, removed from the Conditions of Approval in Recorded Exemption No. 1231 . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of June, A.D. , 1990 . 7} BOA OF COUNTY COMMISSIONERS ATTEST: ^^""^�n� WEL OUNTT�Y,,JC/O�LORADO Weld County C erk and Recorder ibi �/y��/ rt and Clerk to the Board Gene R. Bran"ffn`ee�.r, Chairman BAY` o--Eci,pccv J ( � eorge K nnedy, Pro-Tem eputy County Cl k�� grfSSI.E.."--raaltA4e APPROVED AS TO FORM: t . Harbert C.W. Kirby .County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy /„ 900489 re ((it' DEPARTMENT OF PLANNING SERVICES PHONE(303)3563000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. COLORADO June 4, 1990 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Subject: Recorded Exemption 1231 - Arthur B. and Jean A. Robbins Dear Commissioners: On February 7, 1990, the Board of County Commissioners considered this recorded exemption request and reviewed the concerns of the Department of Planning Services' staff regarding the proposed use of a well limited to use inside one single family dwelling. The Board approved the request with the attached conditions regarding the well and regarding the recording of a covenant guaranteeing the use of irrigation water to the proposed lot. The applicants have been able to receive approval for a full use domestic well by designating a parcel of land greater than 35 acres for the well. The Department of Planning Services' staff recommends the Board of County Commissioners approve this request and remove conditions of approval 4 and 5 as previously approved on February 7. Respectfully submitted, CAcin9 Lanell J. Lorry Current Planner 900489 ra. ;1/414; DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 COLORADO February 7, 1990 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631 Subject: Recorded Exemption 1231 — Arthur B. and Jean A. Robbins Dear Commissioners: This request for a recorded exemption is submitted by Arthur B. and Jean A. Robbins. The parcel of land on which this request is being made is described as part of the Ni NW} of Section 24, TIN, R67W of the 6th P.M. , Weld County, Colorado. The property is located south of Weld County Road 3 and east of Weld County Road 23, approximately 1. 5 miles southwest of the Cicy of Fort Lupton. The parcel under consideration is the total contiguous land holdings of the applicant. The request is to divide the property in parcels of 73 acres and 1 acre, more or less. The Robbins' wish to provide a home site for their daughter and son-in-law, who are needed to work part time on the farm. The City of Fort Lupton has reviewed this request and has no objections to the request. The Division of Water Resources and the Weld County Health Department has also reviewed the application materials and have recommended approval if certain conditions are complied with. The staff has concerns whether adequate water will be available for the potential uses of this property if the Division of Water Resources' conditions of approval are met. The Division of Water Resources' conditions are identified in its letter of January 18, 1990. The staff recommends the Board of County Commissioners consider this request and determine if the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations have been met. Respectfully submitted,/ C.a 1 it/L�� L�aannel//l J. Curry V Current Planner 9(3(3489 LJC:rjg CONDITIONS OF APPROVAL RE-1231 Arthur B. and Jean A. Robbins 1. 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 with 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 the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 3. An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 4. The following note shall be placed on the recorded exemption plat prior to recording the plat: At the request of the Division of Water Resources, the following conditions and restrictions shall be complied with: a. The property has not been previously subdivided or exempted since 1972. The Division of Water Resources considers this a one-time exemption and will not make additional permits available for future splits of lots less than 35 acres; b. The well permit which will be available will be limited to use inside one single-family dwelling only. Outside use for lawn and garden irrigation is prohibited; c. Prior to the issuance of building permits, the applicant should provide proof to the Division of Water Resources that an evaporative wastewater system will not be required. The Division of Water Resources will not issue the well permit if any evaporative system is required; and d. Prospective lot purchasers should be made aware of the limitations on water use. The foregoing conditions and restrictions are contained in the Division of Water Resources' letter dated January 18, 1990. 900489 May 29 , 1990 Lanell Curry, Current Planner Dept. of Planning Services Weld County Centennial Center 915 10th Street Greeley, CO 80631 . Dear Lanell : Per our phone conversation today, I am enclosing a copy of a new Well Permit issued by the Colorado Division of Water Resources , dated May 16, 1990, that allows inside and outside use of the well water , to be used by my daughter on Recorded Exemption # 1231 . I am requesting that the Recorded Exemption # 1231 be ammended as follows : Para. 4, sect .b. and d . be eliminated and that Para . 5 also be eliminated from the approved Recorded Exemption #1231 and that the enclosed Well Permit dated May 16, 1990 (Well Permit # 157087)be substituted for these eliminated Paragraphs , or sections thereof , Please let me know if there is anything else that I need to do concerning this matter, thanks Sincerely, Art Robbins 2876 W. C.R. 23 Fort Lupton, CO 80621 phone: 659-6288 (Denver Metro number) ot. �S�� � MAY 3 1 1990 Weld Cn. ilaua+Mv ,;rotrna:?m '700189 Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVI; N OF WATER RESOURCES • 040818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 8020) �. (303) 868-3581 - •• LIC WELL PERMff NUMBER 15:0Fit APPLICANT • DIV. 1 CNTY. 62 •'WD ? DES. BASIN _ APPROVED WELL LOCATION COUNTY WELD RICHARD & DIANNE SCHARTON NW 1/4 1/4 Section 24 271 S 15TH AVE Twp 1 N , Range 67 W _S P.M. BRIGHTON, CO 80601 DISTANCES FROM SECTION LINES 180 Ft. from North Section Line n0 Ft. from We Section Line PERMfT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 35 acres described as a portion of the NW 1/4 of Sec. 24, Twp. 1N, Rng. 67W, 6th P.M., Weld County, being more particularly described on the attached exhibit 'A'. 3) The total depth of the well shall not exceed 40 feet, or the base of the South Platte River alluvium, whichever comes first. 4) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The return flow from the use of the well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 6) The maximum pumping rate shall not exceed 15 GPM. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. Note: To insure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above. eV/eA1C APPROVED: JWB .V I1/` ( � ) /:r - , StaraMAY ��g Receipt No. 0311931 DATE ISSUED i 8 19� EXP ATION DATE_� 1 6 1992 900489 RECORDED EXEMPT/O/t/ /IIO. 1 RE 912 2 4-2- i Scale: I" = 500' n i ES N 0 500 1000 1500 II�J .vh/�de. A./2..t/1✓q .v,EG'.e. A/%,c/),/,:i . 7ec. 24 T. /.c./ ,PG71./. Sca 24 T.744.4'G7)-✓ WELD CO. RD. 8. ...,40 :1- .ATr ------- --. Saoboaoi,/ I � _ �� z i — — ` — /oa.ii I v� �/..L .c N/ t/�,/' �6. S4 OA s ` ' N1 •Po N y1 De ��r�%'c� � ��i d tx .g H �V ng +I g� � � O` .8 V LOT B o i* . V 8 � > (72.61 Acres) _e� ! i4( k n lw�-) i6 5 y� l ee i q ( corn>) Gfio' 4).....c..„) .�.,G,"..c,vi,v��.C-.e•-•€ —Ca. 24, T. .4../ .PG 7Y,/. See.P�7-/.t/. -4? 7y✓. /Cll./C.70.e ,vZ41-1"/ .�.cc. 24 T. /A./. ,PG�j,/. 207-19 /.S/ /\ F q z,4-�O. RD. 8 04 r I 7///i I ii V g l\L 1 • . .8 \ LOT A ,8 °� - - I -- -- Q $� - N (1.00 Acres) .% N - I , o Z3 h �l o ti �v..,..,P,cov..mo o hC'= e) � ti + 2.0.9.0 G/.cl,e. L t, 1 O DETAIL OF LOT A Na Scale: 1• e 100' VICINITY MAP Scale: 1' - 2000• LOT A - 1.00 ACRES OWNERS: PREPARED BY: LOT B = 72.61 ACRES ARTHUR B ROBBINS and ACKLAM ASSOC.. INC TOTAL - 73.61 ACRES JEAN A. ROBBINS 15 NO. 12th AVE. 2876 W.C.R. 23 P.O. BOX 795 FORT LUPTON. COLO. 80621 BRIGHTON. CO. 80601 303-659-8546 • - DENOTES N0. 4 REBAR & CAP - SET - LS N0. 23027 ,./ FEB. 26,q 196489 (SHEET 2 OF 2) Hello