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
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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)
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