HomeMy WebLinkAbout20231841.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0036, OF TWO -LOT RECORDED
EXEMPTION, RE -2708, FOR REMOVAL OF LOT B - DUANE AND KATHY KLINGER
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 April 14, 2000, the Department of Planning Services approved Two -Lot
Recorded Exemption, RE -2708, and
WHEREAS, the Board has received a request from the current property owners,
Duane and Kathy Klinger, 19900 County Road 40, LaSalle, Colorado 80645-9427, represented
by Patrick McNear, Scott Realty Company, 1212 8th Avenue, Greeley, Colorado 80631, to vacate
Lot B of Recorded Exemption, RE -2708, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RE -2708; being part
of the NE1/4 of Section 32, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No easements are being included in this vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Duane and Kathy Klinger, for Partial Vacation of Two -Lot
Recorded Exemption, RE -2708, for removal of Lot B, be, and hereby is, approved, subject to the
following condition:
1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk
and Recorder.
4909734 Pages: 1 of 2
07/18/2023 10:40 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII PAW\W1 ' I! Wtth 11111
Cc:PL(?/MN/MWJ), APPL.
01/26/23
2023-1841
RE -2708
PARTIAL VACATION, VAC23-0036, OF TWO -LOT RECORDED EXEMPTION, RE -2708 FOR
REMOVAL OF LOT B — DUANE AND KATHY KLINGER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dittA) o;�, EXCUSED
Mi
Weld County Clerk to the Board
an, Chair
erry Bu j, Pro-Tem
Coun ttorney
Date of signature: o 'ifu /23
4909734 Pages: 2 of 2
07/18/2023 10:40 AM R Fee:$0.00
Carly Koppes, Clark and Recorder, Weld County CO
NA 11111
2023-1841
RE -2708
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject: Partial Vacation of RE -2708
Hearing Date: June 28, 2023
Owners: Kathy and Duane Klinger
Legal Description: Lot B of Recorded Exemption RE -2708; being a part of the NE4 of Section 32, T4N, R65W
of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 40; approximately 0.74 miles East of County
Road 39
Parcel Number 1055-32-0-00-035
Total Parcel Size: +/- 74.84 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RE -2708,
recorded May 24, 2000, reception #2770346. This partial vacation of Lot B of RE -2708 would result in an
approximately 74 acre unplatted parcel. Lot A of RE -2708 is not a part of this action.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
2023-1841
6/28 Vacation of Lot B of RE -2708 I Klinger RE -2708
Page 1 of 2
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Vacation of Lot B of RE -2708 I Klinger
Page 2 of 2
REALTY CO.
Serving Northern Colorado for over 100 years
1212 8' Avenue, Greeley, Colorado 80631
(970) 352-1212 Fax: (970) 352-1215
Weld County
Department of Planning Services
1402 N. 17th Avenue
Greeley, Colorado 80632
RE: Request to vacate Lot B RE/3576 & Lot B RE 2708
ATTN: Chris Gathman
Chris,
Mark and Beverly Weinmaster are the owners of Lot B RE -3756 and Duane and Kathy Klinger own Lot B
RE -2708. They both desire to vacate the Lot B portions of the existing recorded exemptions, which they
currently own. Please refer to the applications to vacate that were submitted to the Department of
Planning Services and proceed with that process. Please advise if you require anything additional from
me. Thank you.
Patrick McNear
Owner/Broker
Scott Realty Co.
1212 8th Avenue
Greeley, Colorado 80631
VACATION OF LOT B OF RECORDED EXEMPTION NO. 1055-32-1 RE -2708
BEING LOCATED WITHIN THE EY, OF THE NEYA OF SECTION 32,
TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH P.M.,
COUNTY OF WELD, STATE OF COLORADO.
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RECORDED EXlIiTNIM NUY!!R, RE -E71
- 2NE7/48lCTION4 T.AN.,R.!!W„
WlLO COUNTY, COLORADO
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Date: June 28, 2023
Time: 9:00 a.m.
Applicant:
Duane and Kathy Klinger
19900 County Road 40
LaSalle, Colorado 80645
Duane and Kathy Klinger
120 18th Street
Greeley, Colorado 80631-5911
Request: Partial Vacation, VAC23-0036, of Two -Lot Recorded Exemption, RE -2708, for Removal
of Lot B
Legal Description: Lot B of Recorded Exemption, RE -2708; being part of the NE1/4 of
Section 32, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 40; approximately 0.74 miles east of County
Road 39 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: June 16, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -2708
Owner
DOUGLAS AND MICHELLE
SWEET
DUANE AND KATHY KLINGER
DUANE AND KATHY KLINGER
PATRICK MCNEAR
SCOTT REALTY CO
Address
19788 COUNTY ROAD 40
120 18TH STREET
19900 COUNTY ROAD 40
1212 8TH AVENUE
City
State Zip
LA SALLE CO 80645-9427
GREELEY CO 80631-5911
LA SALLE CO 80645
GREELEY CO 80631
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Recorded Exemption, RE -2708, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 16th day of June, 2023.
Jci t)tAw i c is
Janet M. Warwick
Deputy Clerk to the Board
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SCOTT REALTY COMPANY
1212 8TH AVENUE
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19788 COUNTY ROAD 40
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120 18TH STREET
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19900 COUNTY ROAD 40
LA SALLE, CO 80645
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/1/2023
2:36:20 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
C__)0.0 00tA.w ) Lk
4 I I1Z3 Signature
Date
Property Owners Within 500 Feet of Parcel # 105532000035
Account
Parcel
Owner
Mailing Address
R6778456
105528300011
REITER LAURA
R6778456
105528300011
REITER JASON
3020 QUAIL ST
EVANS, CO 806209509
R2525003
105529400014
SPAYD HAY CO
2640 176 FRONTAGE RD
HUDSON, CO 806429014
R4372286
105532000007
RAY PATRICIA A TRUST
17376 COUNTY ROAD 46
LA SALLE, CO 806458720
R8756600
105532000034
L- p
SWEET MICHELLE L
R8756600
105532000034
LIA 0
SWEET DOUGLAS J
19788 COUNTY ROAD 40
LA SALLE, CO 806459427
R8756700
105532000035
1,b4- F
KLINGER KATHY
R8756700
105532000035
(o'J e
KLINGER DUANE
120 18TH ST
GREELEY, CO 806315911
R2707204
105532100047
SWEET MICHELLE L
Parcels: 9
Owner Records: 14
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/1/2023
2:36:20 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
U&, ODn wi a.
Lei I Z 3 Signature
Date
Properly Owners Within 500 Feet of Parcel # 105532000035
Account
Parcel
Owner
Mailing Address
R2707204
105532100047
SWEET DOUGLAS J
19788 COUNTY ROAD 40
LA SALLE, CO 806459427
R2707304
105532100048
WEINMASTER BEVERLY
R2707304
105532100048
WEINMASTER MARK
19736 COUNTY ROAD 40
LA SALLE, CO 806459427
R4373286
105533000003
FRAZIER JANET
395 ASH ST
DENVER, CO 802204921
R4373386
105533000004
RAY PATRICIA A TRUST
17376 COUNTY ROAD 46
LA SALLE, CO 806458720
Parcels: 9
Owner Records: 14 Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/1/2023
2:36:20 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 105532000035
Parcels: 9
Owner Records: 14
Can LOOtAbo
I ) Z 3 Signature
Date
Page 3 of 3
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
AMOUNT: $ CASE # ASSIGNED:
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Lot B, RE -2705
®Complete Vacation (must include all lots)
Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easem
S 32 T 4N R 65W
B
105532000035
75.390
None
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Kathy Klinger and Duane Klinger
Company:
Phone #:
Street Address: 19900 CR 40
Email:
City/State/Zip Code: LaSalle, Colorado 80645
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name: Patrick McNear
Company: Scott Realty Co.
Phone #: (970) 381-0628 Email: topmojo@aol.com
Street Address: 1212 8th Avenue
City/State/Zip Code: Greeley, Colorado 80631
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions
or subdivision exemptions.
05/15/2023
Signature: Owner or Authorized gent' Date Signature: Owner or Authorized Agent Date
Patrick L. McNear
Print: Owner or Authorized Agent
Print Owner or Authorized Agent
I, (We),
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17T" AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS
AND SERVICES
Kathy Klinger & Duane Klinger Scott Realty Co. Patrick L. McNear
give permission 10
(Owner — please print) (Applicant/Agent — please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at:
19900 CR 40, LaSalle, Colorado 80645
E2NE4 32 4 65.00
Legal Description: of Section , Township N, Range W
Lot B of Recorded Exemption RE -2708 Lot Block
Subdivision Name:
Property Owners Information:
Phone: (970) 371-9750
E-mail:
Applicant/Agent Contact Information:
(970) 381-0628
Phone:
topmojo@aol.com
E -Mail:
Email correspondence to be sent to: Owner El Applicant/Agent El Both El
Postal service correspondence to be sent to: (choose only one) Owner Applicant/Agent li
Additional Info:
Plat Vacation - Recorded Exemption
7/29/2019
,V/ Klinger Ents,
897 IHII 1111111 IIIHI II'I�I�,,II1� 111111 III DIII 111 II
1 P JA Sold Tsukamoto
1 of 1 R 6.00 D O.0 eld County CO
C> QUIT C�IM DEED
� CS
THIS DEED, Made 30th day of Jun 2000 between
a Colorado Corp
of the , County of Weld State of Colorado rantor,and 4>
Duane Kli and Kathy Klinger� K'! ��
whose ,e0.1
__-_-_ __ 0645
of .o County of Weld State of ColoradgC'rantees: ^j c r
TNESSETH, That �rantor(s) for an a consideration o ike sum of ONE ANDe _ ,
���@�/100, ($1.00) Dol s, the receipt as fficiancy of whi s•hereby acknowl d,
Co�14as remised, role sold and QUIT C D, sad by these seats does semis
��. release, sell an IT'CLAIM unto th antees their h successors and
forever, not i ancy is cmmon, in joint tenancy right, title, i
CJ claim and demahich the grantor in and to the re property, togethe
improvements, if any, situate, ly ng and being in the County of weld andy tats of ,
Colorado, dibed as follows:> 6�> C
Lot B of orded Exemption 1055-32-1-RE2708 corded May 24, 20��as Reception C
No. 2770 being a part of a E1/2NE1/4 of Sec' on 32, Township 4 North, Range 65
west ,the 6th P.M., Coin of Weld, State off, :olorado. , ^%,,,
..e
2a known by street
number as 19900
TO HAVE AND OLD the same, tog=
-,."2,/privileges there belonging belonging or in 4° ise thereunto of aining, and,all
estate, right,e, interest and c,
equity, to the y proper use, be
assigns forever. The singular number shall include the plural, the plural
singular' a ha use of any ge�tr shall be applica tc all genders.
IN WI NHER808, the gr '�ttbor executed this ¢¢�aa�d on the date set
m whatsoever, of grantor, either
and behoof of t� rantees, their hp
KliO0Ar, Secret$ i're
STATE OF COLORAI�Q
Couy of Weld
U Klinge j ts, Inc, a Color
and D�ne Klinger, Presid�
No.962. Rev. 52
‹
nC
��✓ cam✓
LaSalle, Colo 80645
with all and s lar appurtenances
asurer 4
'g By
��v Duane Klinger1, F> resident `,,, >
V
} ss hC\ he foregoing instg HEot was acknowled4g before
} me this 30th dsy of June, 2000,
Corporation, by Klinger, Secret ��'Treasurer
�J �_,
Witns}�� my hand and offi P seal.
My,, mission expires A 13, 2002 1
' C Cv
NO
` ✓V
(
15 South 4th A ue >
Brighton, COLjDO 80601 S
CO
aw or
and
oC
(o)
C,29
01(11(4
COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Duane &
Kathy
Klinger
i
Case
Number:
RE -2708 I
Planner:
ko
Legal
Description:
E2
NE4
Section
32, T4N,
R65W of
the 6th
P.M..
Weld
County,
CO
Parcel
Identification
Number:
1055
32 000031
Lot
C Size: n/a
Lot
B Size: 79.979 +/- acres
Lot
A Size: 5+/- acres
Water
Source:
Private
Well
S
Sewer Source: Se
tic
S stem
Meets Criteria
Yes No
X
X
X
X
Criteria Checklist
1 Conformance with the Weld County Comprehensive Plan and
any adopted municipal plan.
2 Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district.
4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County
Subdivision Ordinance.
X
6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through
11.4.2.6 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.
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 (I.S.D.S.) regulations.
2 Prior to recording the plat:
A. In accordance with Weld County Department of Public Works Ordinance #180, Lot A and B shall be granted
and share one residential/agricultural access. Direct access from a public road shall be limited to one
access per legal parcel for residential use, no circle drives or additional accesses shall be granted. Access
will be placed in such a location as to have adequate sight distance in both directions and not below the
crest of a hill or where physical obstructions are present. This access shall be a minimum of 75 feet from
any intersecting County or State roadways.
B A 30 -foot wide joint access easement extending across Lot B from Weld County Road 40, for the benefit
of both Lots A and B, shall be clearly shown on the plat. The joint access easement shall be dedicated for
the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision
Ordinance. This easement shall be graded and drained to provide all weather access.
Z. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved access point. If a
drainage culvert is required, a 15 -inch CMP is the County minimum size. If the applicant chooses to place
a larger culvert, please contact the Department of Public Works to adequately size the culvert.
,O. Weld County Road 40 is designated on the Transportation Plan Map as a local gravel road, which requires
60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of Weld County Road 40 shall be delineated on the plat. This road is maintained by Weld County.
E. The applicant shall provide the Weld County Department of Planning Services with a certificate from the
County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area.
F. The following notes shall be placed on the plat:
1) All proposed or existing structures will meet the minimum setback and offset requirements for the
zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Zoning Ordinance, the required setback is measured from the future right-of-way line.
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of
the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee
approval of future applications on adjacent properties.
4) Prior to the release of building permits the applicant shall submit evidence to the Department of
Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and
dependability.
5) RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States. The rural areas
of Weld County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; dust from
animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to fields
which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and county roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood.
6) Prior to the release of building permits, the applicant will be required to submit a recorded deed
describing the lot upon which the building permit is requested with the building permit application.
The legal description on such deed shall include the lot and Recorded Exemption number.
7) Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Ordinance 169A.
3. The applicant shall submit a mylar plat to the Weld County 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.
4. The Weld County Department of Planning Staff's approval of this recorded exemption is based upon satisfying the
above conditions. Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days
of approval, then this case will be forwarded to the Board of County Commissioners with a recommendation for
denial.
By
Date April 14.2000
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