HomeMy WebLinkAbout940449.tiff • •
RESOLUTION
RE: APPROVE REMOVING CONDITION OF APPROVAL 45C FOR RE 111561 - RIDER
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, by Resolution dated December 15, 1994, the Board did approve RE
#1561 for James and Sandy Rider for property which is located in part of the NW,'--,
of Section 6, Township 2 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, on May 16, 1994, the Board was presented with a request from the
applicant to remove Condition of Approval 45c by a letter dated May 9, 1994, and
WHEREAS, James and Sandy Rider, applicants, were not present at said
meeting, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicants and the
recommendation of the Weld County Planning staff concerning this matter and,
having been fully informed, finds that this request shall be approved and
Condition of Approval 45c shall be removed from RE 41561.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request from James and Sandy Rider to remove Condition
of Approval 45c for RE 41561 be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of May, A.D. , 1994.
/y�/ Il /1 BOARD OF COUNTY COMMISSIONERS
ATTEST: fr WELD COUNTY, COLORADO
I �f 1
Weld County Clerk to the Board fi 1 A J 11,C� -r :f
H. Web6st�err, hairman
BY: ci
Deputy Cl r to the Board Dale . Hall,
1,
P Y
APP AS TO FORM: /Zit 4
Geoffrrg�e Y. Baxter
-/777.5 fLi-tell-/ /i /s-it
aunty Atto ey Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
940449
; PL. ; Iider
& �� mEmoRAnDum
W I Board of County Commissioners May 13, 1994
To Date
Greg Thompson, Current Planner
COLORADO From
RE-1561, James and Sandy Rider
Subject'.
Condition of Approval #5.c.of RE-1561 stipulated, "The application shall be
amended to indicate the larger parcel (proposed Lot B) is located north of and
south of Weld County Road 26 and is 141 acres, more or less, in size." This
condition was included because Lot B of RE-531 was recorded a north of and south
of Weld County Road 26. However, Deed Exception A for RE-0531 indicates this
larger parcel (Lot B) is split in two by two strips of land. Because Lot B is
split, three parcels are created - Lot A, Lot B north of Weld County Road 26, and
Lot B south of Weld County Road 26. Therefore, a condition of approval for RE-
1561 which is not in accord with Section 11.2.1 of the Weld County Subdivision
Ordinance was approved.
The applicants, in their letter dated May 9, 1994, requested that this condition
of approval be changed. Department of Planning Services' staff recommends
Condition of Approval #5.c. be removed. Amended recorded exemption #531 has been
applied for by Mr. and Mrs. Dudley Rider and approved by the Department of
Planning Services. Lot B of RE-531 has been amended to include only the
applicants property south of Weld County Road 26.
The original application for RE-1561, with Lot B approximately 80 acres and Lot
A approximately one acre, all north of Weld County Road 26, can be approved as
submitted. Department of Planning Services' staff recommends the resolution of
approval for RE-1561 from the Board of County Commissioners should reflect the
acreage change from 141 acres, more or less, to 80 acres, more or less, as well
as the removal of Condition of Approval #5.c. However, all other conditions of
approval should be retained.
940449
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• •
'DEC WE
RESOLUTION DEC 2 3 1993 [I
CJ
Weld County Planning
RE: APPROVAL OF RECORDED EXEMPTION NO. 1561 - RIDER
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. 1561, does not
come within the purview of the definition of the terms, "subdivision" and
"subdivided land", and
WHEREAS, the request for Recorded Exemption No. 1561 was submitted by James
and Sandy Rider for property which is located in part of the NW4 of Section 6,
Township 2 North, Range 68 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 141 acres and 3 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. Any existing septic system which is not currently permitted through
the Weld County Health Department will require an ISDS evaluation
prior to issuing the required septic permit.
3. An ISDS shall be located at least 100 feet from any well.
4. The plat shall be amended to include a reservation for a 60-foot
right-of-way east from the centerline of Weld County Road 1.
5. Prior to recording the plat:
A. The smaller parcel (proposed Lot A) shall have its east
property line contiguous with the east property line of the
existing Lot B and the south property line of said smaller
parcel contiguous with Weld County Road 26.
931275
E/S6,/ Cc : Pc; ,eiue-g_ 940449
RE: RE 61561 - RIDER
PACE 2
B. The applicant shall submit evidence that an ISDS evaluation
has been completed by the Weld County Health Department on all
existing septic systems .
_ C. The application shall be amended to indicate the larger parcel
(proposed Lot B) is located north and south of Weld County
Road 26 and is 141 acres, more or less, in size.
6. ISDS permits shall be finalized and approved by an Environmental
Protection Specialist within one (1) year of the application date.
BE IT FURTHER RESOLVED by the Board that 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 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 .
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 15th day of December, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Qtr 71./7-4;
///�
Weld County Cler to the Board / " n-4; �
Constance L. rbert, Chairman
BY: �i �
C � �/ �
�'U-Y LL , �
Deputy Ceerk to the Board W. H. ' . bster, PjJr/moo-Tem
APPROVED AS TO FORM:
rge Baxter
i l
'County Attorney Da e . Hall
R2.4.l L `_ .
/Barbara J. Kirkmejer
931275
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- 940449
My - 9 - 9 .4 MON N ;: 2 1 P 02
•
•
May 9, 1994
Weld County Planning I :partcncnt
Weld County Commissioners
Re: Recorded Exemption for James & Sandy Rider
In December of 1993, James attended a meeting of the commissioners with regard to
obtaining an exemption to build a house on ground that he farms. At the time it was
decided that an exemption would be granted and we were given some criteria that bad to
he met.
In the months that follow A we have worked to get all of these things done. We finally
were able to get everything put together and took it up to Greg Thompson of the planning
department.
A.fter reviewing the rnylar, it was discovered that the exemption given to Dudley Rider in
1982 had been done incorrectly. M a result of that discovery, our exemption could not he
processed. As best as we can understand it, Dudley's exemption was made off of a lot of
141 a\-acres. However, that 141 +\- acres is 2 separate fields of approximately 70 4\-
acres with Weld County toad 26 dividing them We would like to receive our exemption to
build on the 70 +\-acres on the north side of WCR 26. Dudley's exemption is on the south
side of WCR 26. Dudley his filled out an application for an amended exemption.
During the time that we htvc been working on this exemption, we also have drawn up a
contract to purchase the lit we arc exempting. Ed Kanemoto, broker of Prudential LTM
Realtors of Longmont has worked with us in putting this contract together. Ed felt that one
month would be plenty of time for us to finish the exemption process, as we had
everything that we needed according to what had been discussed at the December meeting.
We are scheduled to close on the lot on May 16th. If we do not have our exemption
processed before that time, our contract will expire and be void. This will require starting
all over again and we wowed prefer to not have to go through that process again.
Throughout this whole process we have tried to do everything exactly as we haw been
requested to do and now we would ask that this problem with the lot be resolved as quickly
as possible in order that we may be able to close on May 16th as planned.
We sincerely thank you for your time and understanding in this matter.
CRI
James & Sandy Rider
MAY 9 '94 08:22 PAGE.002
940449
•EPARTMENT OF PLANNING SERVICES,
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Dudley and Janet Rider Case No: AM RE-531
Legal Description: Part of the NW4 of Section 6, T2N, R68W of the 6th P.M. , Weld
County, Colorado.
Larger Lot Size: 70 acres, more or less Smaller Lot Size: 1 acre, more or less
Criteria Check List
Meets Criteria
Yes No
X 1. Conformance with the Weld County Comprehensive
Plan and any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in
Section 11.8 of the Weld County Subdivision
Ordinance.
APPROVED WITH CONDITIONS
The Department of Planning Services has determined through the review that the standards
of Sections 11.5. 1 through 11.5.6 of the Weld County Subdivision Ordinance have been met.
This Recorded Exemption is approved with the following conditions in accordance with
information submitted in the application and the policies of the County.
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.
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 11.7 of the Weld County Subdivision
Ordinance. The plat shall be submitted within sixty (60) days from the date of approval
by the Department of Planning Services. The applicant shall be responsible for paying
the recording fees.
/
By cd-.1.
��Ll/✓ Date May 12, 1994
Greg 7�hompso Current Planner
940449
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r j.. WammANTe DHNa BSOORD,..dy r4,wre1•tiv.m B.d nt)oa'ew,., Brea•.r.,la� .•i` �- \:, `
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sl p WARRANTY DEED. Kada • g. _ day c/
S : �y `' p Bro+/ �'}— _ in the year of aw•Lard one .._tW eight hundrd Mill ninety.(rA, /s.P t +W:r e
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To
_._111�:�1L1C—.11:-.IlLyyyJ�•(rYU „the County of StateCoiorpdq the .� +v nor 7
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2I ---.._. Mai tr,— _ y I j_ Na
the County of f ogsvdo, of the wassbe3� i s
STATE co OF COLORADO,�� `f .P .and GEnte o C `
covert err WILD. M t Y
I - I Il'ITNESSETH That the said part of the first part,for and in consideration`of tho a 7 d
This Warrant Deed arm l/d for /n /
reea nt .� .o'aloek.W - U. �d>u.� iievld ..� _ L `� ..
L� Ca n 881-.. ,, to the sail part/ of elw first part in hand pall by thesaid parE„�..._of fly*mond part Wei
(t��1��� yyJ �j/ whereof s hsnii confessed and aaknow4d d,hara......fronled,belgdn*4 sold and colewysr{• - y
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s.a.e... - i these press dofdl..jranE.bargain,sell,convey and confirm unto the'aid of the 1+ ,ss �tg,
I part heirs and assigns,forever,all the fatlou esc in dribied . Et,;.
wPens' parcel....of land,situate,lying and being in the County of Weld,and State of Colorado to-y+l`
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TOGETHER wet all ar.7 singular the herdltamerW a,d appnrten,ewes thereunto belonging,or in anywsee apafaLJnj,and the.._ 'n , ; ' s,2
and reversions,remainder and remainders,rents,banes and profits thereof;and ail the estate,right,title,interest.claalim and demand whaYNr ,
Iof the said partge of the first port,either in law or equity,el,lit and to the above bargained premises,with the a. of and appuAenaaat Ti., A xq
TO II.4 flZ UND TO:TOLD the said premises above bargained and��eyssribad,withy,�Ee aprleinai /yes unn10,the said part of iM Msynd
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Z....._. heirs and assigns.foreves: and the said /1�+lnd.t t1.(/ •�./1.ar+Le.,`.'.'-"+y-{ _7____
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part -.Df the xGst Wrt,far.U�y�p�Ll � �j
(I esrr:ators and administratan,egf4Ccovesnnnt,grant,bargain anti a gree to and wi sail tff-...of the second part,. ,Ja.A/ ..-heirs 1
r,,.assigns,that at the time of the ensealing nisi delivery of these p esenta ...l ale ll ogled of Ow prsndws okw eawwysdn n ' k,
of gavl.sure,perfect,abwluteand indefusible,wEng of inlsritarm.in lees ire fee simple,anti hari.L�od right,fiadl poser andloteful assfhwbty �;T ,t"...:.:::::7:11
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to grant,bargain,sell and convoy the same,is manner and form of resail,and that Ehe assns are few anal sheer from all farmer sad ether h -
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grants.bargains,galas,liens,tusw,o••r•mwn/s and ivamlq,arwes of whatever kid....ytt'✓..__maitre sassier;
gpp�r _ xth
and the above bargained premises,in nl/...quiei and peneeaf.ef,l.possession of the said parEgf--_of the second part,. hdre sad a 0:, 4
assigne,against all and every person or persons lawfully claiming or to claim the whole any➢ thereof - this
sold part fs of d, [
the first part shall and will Warrant and Forever Defend. � (f }..
.hereunto set.. .- _hand and seal..._the day and year --Q/ s* ;7Y�
IN written.!FITNESS WHEREOF,the said part-..of the first part halt 0lc
above ,'f'� x
SIGNED.BEA LED AND DEIJPERBD IN PREBENDS OF
a 1
1
TATE OF COLORADO,
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In and for- - -.....laid County,to Lthlshjf State aforesaid,do hereby rertify e....J-. gg
etsr-[dg1....1A/ penaonally bswwn fo .ts+�th/person whore came -+"t+ '
i •..._ •
U Deed,appeared before me this 4sy in person and aekeewledfd••'�'.••r`to .signet waled , ee
a Instrument of writing at.. t4.4 -/M1w and voluntary not,for themes sod
pssrtaws Sh do f
been by me examined,'epilog!pat apart and oat? a/hw hsiBxed nod ..
tag said inserwmnt of writing been by me made knew, Mill dower g vsr
0wee{a had freely and 770"taralt°zee" the was4 anal Nos ds don io n- .-.
vy { a been without osaepaLioMw h�ens� �{' rvu/nG ' Jrtx }e
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to Mt said part 4. of Adulate part A had raid by W said part_44.of w woad port,w nmtyt whence I.hereby anginal am!wa.w(-
adlad,M,a rnJ..d, Hired,ao14 eryry d and QUIT.Cydwxne sad by thaw primal dalVnm.w,rriww,Wi,nay sad QUIl'.C14hWW
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.aid way_of w%Fa part ha,.v_ire sad to w fbta daf drorra.d/t>CG144 -- —_atasta,Wm(and bdwf In the
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