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GRANTING CHANGE OF ZONE
WEST GREELEY AREA, JOHN H. DARST M. D.
ag DEC 1 5 197E
Recorded at �.-��••—^•�-m o'clock iv;
Mary
. _ Mary Ann Feuerstein, Recorder
Rec. No. ^—•
WHEREAS, on October 5, 1964, a public hearing was had for the purpose
of hearing protestants, if any, regarding a change of zone in the West Greeley
Area from "E" Estate District to "H" High Density as requested by John H. Darst M. D.
of 1820 Reservoir Road, Greeley, Colorado, said area more particularly described as
follows:
Lots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 26, 27, 28, 34,
35, 36 and 37 in the Hilltop Subdivision, which is in a part
of the East half of the Northeast Quarter (EbNEe) of Section
10, Township 5 North, Range 66 West of the 6th P. M., Weld
County, Colorado.
WHEREAS, the Board of County Commissioners having heard the testimony
and evidence adduced upon said hearing, including petitions presented, and
having considered and carefully weighed the same, and being fully advised in
the premises.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of
Weld County, Colorado, that they hereby unanimously agree to uphold the
recommendation of the Weld County Planning Commission by granting the change
of zone in the West Greeley Area as requested by John H. Darst M. D.
The above and foregoing resolution was, on motion duly made and seconded
adopted by the following vote:
DATED: November 4, 1964
AYES: l
,/ /
;EiYII..,
THE BOARD OF COUNTY COMMISSIQIQERS
WELD COUNTY, COLORADO
640006
I hereby certify that pursuant to a notice dated September 2, 1964,
duly published September 4, 1964 and September 25, 1964, a public hearing was
had on the Change of Zone as requested by John H. Darst, M. D., at the time and
place specified in said notice. The decision on the evidence presented at said
hearing was taken under advisement until a later date.
ATTEST: G/ -flit -'.-.1;1 a!L..'
COUNTY CLERK �ANpiaD RECORDER
AND CLERK TO THE BOARD
DATED: OCTOBER 5, 1964
CHAIRMAN e7.-->
BOARD OF COUNTY COMMISSION j
WELD COUNTY, COLORADO /
Mr. Shultz: We will come to order-, Notice pursuant to the Zoning Laws of the
State of Colorado, Weld County Planning Commission, eertiiiesxx
recommends and certifies to the Board of County Commissioners,
Weld County, Colorado -of a change of zone in -the west fjreeley Area
"E" Estate District -to "H" High Density -district, more -particularly
described as follows:
Northeast
Lots 1-6, 17 18, 19, 20 21, 22, 23, 24, 25, 26, 27, 28, 34, 35, and
36 in Hilltop Subdivision which is -a part of the last half of -the
Quarter of Section 10 Township D, North, -Range 66 West of the bth -P. M
Weld County, Colorado. A public hearing will be held in the _office
of the Board of County Commissioners, Weld County Court House,
Greeley, Colorado-, on Monday, October 5, 1964, at 1s3O -P. M.
Dated this -2nd dayofSeptember 1964.
That is the notice tka#xwc;xpubtfskedxiextkex of the publication
and the recommendation of the Planning Commission. Is there
anyone here who -has any remarks that they -would 1i-ke to make
either for or against the proposed change. of zoning.
Thkma Masons This is my roommate Naomi -Smith and -We recently bought the Virgil
McMillan property which is right next to this -area that and I was
under the assumption that when we bought this -property , -the
opinion I received -from Roger Houtchens this area was not for
anything other than _one story buildings and for the fact that
it was _one family buildings. This was s common nav-enentt that
included this whole area nut thereand-that these 'common covenants
were Tot to go off until sometbme in 1972.
Mr. Shultz: Have you any -evidence to substantiate -what you daid
Thelma Masons Yes I do sir
Darst - 2
Mr. Shultz: This is rather a lengthy discussion here and if it alright I will not
read it at the Present time.
Ms Mason: The number 8 is the one that particulary deals with this hearing.
Mr. Shultz: Number 8 reads. In the vonveyance of the subdividers of Hilltop
Subdivision to Joseph R. Rabeling et ux, which is recorded April 24, 1952
in Book 1329 at Page 402 Weld County Records, the following use restrictions
were placed upon the lands
"(a) The herein conveyed property shall consitute only one building
site. No structure shall be erected on this building site other than
one family dwellings not to exceed two stories in height and a one or two
car garage.
(b) No dwelling or garage shall be erected nearer than 25 feet from the frost
lot line.
(c) No livestock of any kind shall be kept upon said building site.
(d) No dwelling including the cost of the building site, costing less
than $10,000.00 shall be permitted on this building site.
(e) A perpetual easement is reserved over and across said building site
for irrigation ditch to carry water to adjacent farm land, including
the rights of ingress and egress to repair, maintain and improve the same.
(f) These covenants and restrictions are to run with this building site
and shall be binding on all parties and all persons claiming under them
until January, 1972, at which time said covenants and restrictions shall
terminate:"
This opinion does not cover right of persons in possession, liens for labor and
(9)
material accured but not filed, matters involving area or boundary, or any other matters
not ascertainable from examination of the above described abstract of title. Your Very
Truly Roger I. Houtchens.
�s there anyone here that was aware of this restriction in this particular area.
Darst: Isn't he describing her building site?
MS Nelson: As I understand it this was this whole area
III�I
Mr. Shultz: I am not sure if this described the entire area, it mentions Hilltop
Subdivision. "By agreement of the City of Greeley, with prior owners
slated August 9, 1959 and recorded August 18, 1959, Book 1538, Page 454
Weld County :Records. a 3/4 inch water tap was permitted this agreement
in addition to making provision for payment of water by the owner of
said property that at any time as a petition is filed to annex said
property to the City of Greeley, the City Cierk -of the City of Greeley
may sign said petition for and on behal6 of said lot 10 Hilltop Subdivision
She Board of County Commissioners has created the West Greeley Zoning Area
any new construction on Lot 10 -must conform to the legal rules and regulations
that the County -Commissioners concering the said the West Greeley Zoning Area
Those restrictions can be determined on inquiry of the County Commissioners
Office.
-Mr. Paimquists I believe that Mr. Mosier has something that might bear on this
-Mr. Mosier: According to the filing and I presume that this if filed , lots 6, 7, 8
9, 10 11, and 12 -are not included in the first Addition of Hilltop Subdivision
These lots are outside of the first filing. Now whether the original filing
o₹ tots 6 throught 12 is of record, I do not know, but whether the covenants
would be enforce on the balance or the First Addition to Hilltop is somthin2
that the -planning Commission could not state at this time.
Mr. Shultz: I do not have any questions of the Planning Commission. "Dr. Darst do you
have any statement you would like to make.
Dr. Darsts I have not discussed with these young ladies the idea that Mrs. Darst 8 I
-have a they have come into the area so recently. I did discuss with all the
other people living out there, including the McMillans, but since Mrs. McMillan
was selling -her house, she should simply by-pass an opinion on the matter.
What we are planning to slo here is not to build a high rise, or have a
thildrens playground at your back door, but to improve the area. We have
bent over backwards in our restrictions and in our covenants to protect this
area because here is where ultimately build our own home
I
Darst 4
therefore it has been difficult for us -to -maintain a high standard. What we are planning
to do here if we are permitted to do so is to _construct some small buildings on these
several lots behind the house where we are living now, which will house what is usually
termened luxury apartments. This is to be the type of an apartment that you can't find
here in Greeley or in -Denver. I can't tell you what this is because we will -have to
show it to you as we get it constructed. they will rent somewhere between 300 and
400 dollars a month so that anyone who is going to live here is living in an area where
-your property is benefited not hurt.
Ms. Nelson Are these just going to be one story?
Dr. Darst: Yes
Ms. Nelson: As you said we havent even discussed this so we didn't know anything about it.
Dr. Darst: Yes I _realize this and it is my fault in not explaining this to you, before
this happendd perhaps. I thought this -would have all been transacted before
you were in the area. I am not trying to push one past you. I am Sure
you will not object to it when the project is done.
Mr. Shultz: After listening to -Dr. Darst -explanation of _what he plans to do, do you
ladies still object to the _change of zoning?
MsNelson: I am interested in the fact as to what the future, what will this do to
our personal taxes as far as this area is concerned?
Mr. Shultz: I -don't believe this -change of zoning will effect your taxes in anyway now.
I -wouldn't want to be held to that, I don't see where the change of zone
would effect your taxes. A piece -0f property more or less stands - on its
own when the Assessor comes around. A $10,-000 or $30,000 house is assessed
accordingly.
Ms Nelson(frined) What if he should decided to go up instead of out.
Mr. Shultz: I would rather Mr. Palmquist answer this
R. Palmquist: I might state that Dr Darst didn't -ask -wkere forquitethis -area, there were
two sections but to make them Coincide to _or to tie together so we wouldn't
have two parcels zoned "H" -High Density , we requested that he put a few
I-
Darst 9555 rr
R. Palmquist: more lots in ,nere so it would be more or less one parcel and in doing this
he still is entitled to put one family residences on there but as far as
what he does in high density — high -density can take a lone family dwelling
0
it tan take a high rise, it can take a condtminum, -it can take duplexes
it is -multiple -family -dwellings. However single-family dwellings are still
possible.
Drl Darst Issas a little surprised when Mr. Palmquist suggested to me the inclusion
of emher lots in this area because I was not familiar with all the Planning
Commission was thinking. so I -went along with this as he said including
on
several lots in this area wk₹ak ₹a which I do not propose any multiple
units and so the -number of lots listed reqested for a change in zoning
is not going to apply, in fact lot w₹ 21 is one of those that we are
asking a change and this is where I have just Completed -a one family swelling.
Lot 37 we start digging for another ones -x inxiartxx family house and it
is included in the multiple unit alos so because there are mahy listed
it does not mean that all of them are going to have highrises on them.
Mr. Nelson At the present time do you -know which of these lots you are planning to
build or what you are planning to build.
Dr. Darst: This house we have just -completed may I say without hurting anyones feelings
is worth twice what yours is and next door to this house and aound here -which
is closer to this house that to yours is where I plan to put these.
Ms. Nelson My only objection is a high rise
Mr. Lddds I am =fight in presuming this property is -west of the Country _Club
Dr. Darsts West of the ol-d County Club, -west of 47th Avenue. -the old Whaler f -arm
George Mosiers If there are covenants on all these lots and they are more restrictive
than the zoning regulations, the voovenant would super -seed anything
that zoning -would take care of- That is something that probably tan Tot
be determined at this hearing, whether or not there -are vovenants on all
these lots and if so just what they are comprised of.
Mr. -Shultz: i'es that wouldMave to be looked in to, to see what the covenants amounted
to. Do you ladies have any more comments to make
II
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Ms Nelson: No, other than Mr. Houtchens c-enld not be here today is the reason we have
both appeared. If there Is any futher discussion on it I really feel we
could set it up so he could be here.
Mr. Shultz: We will bring the hearing to a close and the Commissioners will lake the
matter under advisement.
LAW 0' 'FCE5
HOUTCHENS, HC•JT'-LENS AND DOOLEY
SAfNARD-'CUTCHr.s
-`e Eur wL'CHf Ns
JJOCER H r r_.5
OHN J - OL EY
Miss Thelma Lea Mason
MissNaorri C. Smith
Greeley, Colorado
WELL COL`." Y"N. -EIL JO J) N + H ♦ : NLE
GFCE.EV .O V 9A Lc� 90631
September L, 1964
T E.reN CNE 352 ♦050
AR{♦ CODE ?03
TITLE OPINION
Dear Miss Mason and Miss Smith:
At your request we have examined abstract of title covering the following
described property located in Weld County, Colorado, to -wit:
Lot Ten (10), Hilltop Subdivision
is abstracted by The Weld County Abstract and Investment Company and last certified
by said company on May 1', 1962, under Certificate No. 127,907. We have also examined
the records of said abstract company subsequent to the date of last certification and
down to August 25, 1964.
From such examination we are of the opinion that fee simple title to said
property is vested in VIRGIL A. McMILLEN and LEDA M. MCMILLEN as joint tenants, subject
to and except the following:
1. Reservations and exceptions as contained in the United States Patent.
2. The property is entitled to the ber fits and subject to the burdens by
reason of t s inclue;on within the boundaries of the Northern orado Water
Con-
servancy District and the West G ee,ey Conservancy District.
3.
3. The office of the County Treasurer advises us that the i963 taxes in the
amount of $3'76.30 have been paid. The !964 taxes payable in 1965 constitute , lien.
4. A right of way over and across the East Half of the Northeast Quarter of
Section 10, 1 ran lUp 5 North, Range 66 West in a northeasterly direction to the hightgny
rdloin'Lne the said country club property on the west was granted by deed dated October 2,
1923, recorded on December 1, 1923 in Book 710 at Page 236 Weld County Records, to the
Greeley Country Club sor a pipe line, The exact course of the said right of way is not
sP cified in the instrument which does, however, provide that the pipe line "shall be
laid in a trench at least 44 feet underground " and that the Greeley Country Club
"shall have the right of ingress and egress for purpose of installing or repairing
the said lino " etc.
5. The plat of Hilltop Subdivision shows that there is an alley behind the
-above described premises 20 feet in width.
--T--
1205 47 avenue
Greely, Colorado
October 31, 19b4
The board of County Commissioners
weld LJt nty, Colorado
To Whom it may concern:
In resard to the recommendation of the Weld County Planning
l.omrnif s `on for change of zone in the hest Greeley area
from L estate district to "N" high density district, more
particularly described as follows:
Lots 16, 17 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 34,
35, 36 and 37 in the Hilltop .Subdivision, which is in a
part of the East half of the Northeast Quarter (L1/2h1/4)
of section 10, Township 5 North, Range 66 West of the 6th
P.N. ,veld County, Colorado.
we wish to withdraw our complaint.
Upon learning the restrictions of "N" nigh density zoning
we find that it also limits buildings to a 40ft. rise. In
"A" high density zoning we find no objection.
7.14 e
Naomi C. Smith
Thelma Lea Mason
Fill
Respectfully Submitted,
(_ . ?/
*FLIP 7;0. COMMISSIONERS
'L:FFtELX,,V`. COLO.
c.<iV-ta
N0V2 1964
A
-NOTICr --
to the Zoning Laws of
of Colorado, the Weld
CounlAnning Commission recL-
mends. and certifies to the Board
of County Commissioners of Weld
County, Colorado the..... approval of
a dliange...Of ,.zone in the West
Greeley area from "E" estate dist
trice to "H"- high. deiisfty district,
mord.particular y described' as fol.
lowsi
Lois 16 17 18. 26_ 20 Si.
34, '23 24. 37 26 27, 28,
s di 3Gnnd 37 in the Hilltop
subdivision which.is to a part of
the Quarter (E1/2
hail of the Nof Section
110uaTo tin&h P '5 North Ratnge
66 West of the 6th P.M. -Weld
County Colorado
A public hearing will be held In
office of the Board of County
Comiissioners in Weld County
Courthouse
ele .5. 4 t 1: oload il
o
Monday, October
30
o'clock P. M.
Dated this 2nd day of Septum.
ber. 1964
THE BOARD OF
COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: ANN SPOMER
NOTICE
PURSUANT TO THE ZONING LAWS OF THE STATE OF COLORADO, THE WELD
COUNTY PLANNING COMMISSION RECOMMENDS AND CERTIFIES TO THE BOARD
OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO, THE APPROVAL OF A
CHANGE OF ZONE IN THE WEST GREELEY AREA FROM "E" ESTATE DISTRICT
TO "H" HIGH DENSITY DISTRICT, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Lots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 34,
35, 36 and 37 in the Hilltop Subdivision, which is in a part
of the East half of the Northeast Quarter (ENNE4) of Section
10, Township 5 North, Range 66 West of the _6th P. M., Weld
County, _Colorado
A PUBLIC HEARING WILL BE HELD IN THE -OFFICE OF THE BOARD OF COUNTY
COMMISSIONERS, WELD COUNTY COURTHOUSE, GREELEY, COLORADO ON MONDAY
OCTOBER 5, 1964, AT 1:30 P. M.
DATED THIS 2nd DAY OF SEPT-EMBER, 1964.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPOMER
COUNTY CLERK AND RECORDER AND
CLERK TO THE BOARD
PUBLISHED SEPTEMBER -4 AND 25 1964
GREELEY BOOSTER
N AME
it 444
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
MAILING ADDRESS
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Application No.
Date of Filing
Processing Fee $25.:
APPLICATION FOR REZONING
Weld _County, Colorado
Application is hereby made to the Board of County Commissioners of Weld County, Colorado iv
rezone the following described property now in E zoning district to H
coning district:
(Description of Property) Lots 17, 18, j9_,, and 20. Lots 22, 23, 24, 25, 26, 27, and_..
28. Lots 34 and 35 of the Hilltop -Subdivision a part of the last Half of the
Northeast _Quarter (Ei- NE-) of Secti-on t -en (10), -Township Five (5) North, Range_-_-.-.__..
Sixty mix (66) West of the Sixth Principal Meridian, Weld _C-ounty, Colora-;lo.
The reasons for requesting such a recl-as-sification are as follows:
Plan to -build multiple dwelling facilities on the above lots. Th-e one instance of
a high _grade condominium type apartment facility, and in -another a luxury
apartment facility.
On the back of this page is a list of all owners of property located within 500 feet of
area -proposed to be reclassified.
Accompanying this applicati-on is a map showing the existing land use of property within oc
feet of -the are -a proposed to be xceclassifled.
Also accompanying this appli-cation is a petition supporting this -proposed rezoning
ed by -owners of perc-ent of the property located within 500 feet of the
posed to be _recla-ssified.
Respectfully submitted -this
Mailing Address if -1 2'
Telephone No. --3.1Z - `/1
day of (,feic4 1--- , 1964
(over)
ignature of Applicant)
X11
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF -RECOMMENDATION TO THE BOARD OF BOUNTY COMMISSIONERS
CASE NO.
APPLICATION OF Dr. H. Dr,rst
Address .. 1.02O Reservoir :,Lad,... Greeley.....�c.lcradc
Moved by Price ncp:;ins .... , that the following resolution be introduc-
ed for passage by the Weld County Planning Commission:
Be ft Resolved by the Weld County -Planning Commission that the !application
for rezoning from "E" ( Este +
'.......te.......... District) to .....,,,,h„ .,
( Hi lh Density. District) of Dr. J.: hn H. Darst
of Greeley, Celcradc., covering the -following -described pro-
perty in Weld County, Colorado, to -wit:
Lcts 16.17, 1,, ' 21. 22, 2^ '
��. � •, 20, 2, 25, 26, -27, 2'2 3.1, 25, 36 and ;7
in the :Iilltop Suadivisin, which is in a part of the East half cf -the :.crth-
cast luarter (E 1/2 NE 1/4) of Section ten (10), Tr.wnsh p Five (5),;:...rth,
..;,nge Sixty-six (6o) Wiest Lf the Sixth -Principal ,1:eridian, Weld vL'unty,
Cclr:radk
be recommended (favorably) i%0**01008iyA to the Board of County Commis-
sioners for the following reasons:
1. .eruest f: -z change t. _` zone Nrese:ited.
Study EI:x: Public Hearing held, and c•ppc sitj.on.
3. Planning Cor missi iI feels it ccnfcrris t:: i �;:,� d planning.
Motion seconded by Jchn WatsL.,n
Vote:
For Passage: A, A. Tinn
J:.hn Watson
Price Hcpl;rrs
George M.: sier
Against Passage: N n -e
The Chairman declared the motion passed -and ordered that a certified copy of this Res-
olution be forwarded with the file of this case to the Board of County Commissioners
for further proceedings.
11111
o i
+�. ,.=ri Vl, v..l `,,,.Fr= •.�V�1 Uy.l� .r.rctary ..: Weld VL:u.)tj' VL1.Y/.aJa1"1.1 k
hczc'.• c .rt:.f•' that the ah'we f:. e < ...s 4 f ...
}' . � u � 411:i y .].:ly tiC�C1.. mil' is u �I".:t? ccpyt...,i l'...
i' 1d Ccu ty, C,c1i::r dc, adcp e2 August 27,
1 CIFA
and recrrd� n in L ..v. VI, ;:age 11.. . , if the f sat: i 1an—
r
mates this 1st day Septcm er, 15%i.
ACC,.r41f1c; Weld Lc1i:;alisii:.
frothe office of
THE tOARU OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
Greeley, Colorado
Septa+nber__. __ , 19_114
Enclosed is a copy of a notice of a Commissioners Hearing to be
held October 5th at 1130 P. M.
Since you own land adjacent to this property we are required to
send you this notice of a hearing for a request for a change of zone.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
61-41irt/
ANN SFOMER
COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD
By:
Deputy County Clerk
NAMES OF OWNERS OF PRQPEti1 `' WITHIN 500 -EET
NAME
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FEES ADDITIONAL TO 2O FEE
500 fee
POD Form 3800
June 1962
CAUTION —NOT FOR (Se
INTERNATIONAL MAIL
RECEIPT FOR CERTIFIED MAIL -20¢
SENT TO
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REST AND I�
V 7277/Veh 4 -,''./
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CITY AN STATE
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((you want a reeJ f n receipt, check which If you want te-
n.
I 350 shows to whom, stricted dolly -
when, and address ery, check here
end when where delivered ID 500 fee
delivered
FEES ADDITIONAL TO 20 FEE
POD Form 3800
June 1962
CAUTION -NOT FOR
INTERNATIONAL MAIL
RECORDING DATA - MAPS & PLATS
NAME OF SUBDIVISION
NAMF OF SUBDIVIDER
I (CATION OF SUBDIVISION
DATE OF RECORDING,
Hilltop Subdiv}sion -_S; ang.e._o£_Zone
Lots 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28,--3'1, 35,
37 , 8 37
UEC 1 f 1'7E' BOOK `7134 RECEPTION M _1 7C611.6
MARY ANN FEUERSTEIN
WELD COUN,W CLERK AND RECORDER
•/
BY: i /i/'
DEPUTY COUNTY CLERK & RECORDER
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