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Home My WebLink About740403.tiff RESOLUTION WHEREAS, it has been determined by the Board of County Commissioners, Weld County, Colorado, that the Edward and Jacob Fritzler families are owners of approximately 76 acres of land in Weld County, Colorado, located in the North Half of the Northeast Quarter (N'NEa) of Section Twenty-two (22) , Township Four (4) North, Range Sixty-Six (66) West of the 6th P.M. , and WHEREAS, the Fritzlers are desirous of selling approximately one acre of this land and keeping approximately 75 acres unto themselves, and WHEREAS, it appears that to accomplish said sale, the Fritzlers may apply for a Recorded Exemption from the Subdivision Regulations of Weld County, as the same is defined in Section 9-4 of the Weld County Subdivision Regulations, and WHEREAS, in addition to evidence presented by the Fritzlers, the Weld County Planning Commission staff has presented evidence and made representations concerning the desirability of granting said variance, and WHEREAS , the Board of County Commissioners feels that when all of the evidence and representations are considered, good cause for granting a variance from the minimum lot size requirements of the Weld County Zoning Resolution has been shown. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the powers granted to the County under Chapter 106 CRS 1963 and Section 9-4A (6) , Weld County Subdivision Regulations as amended; that the Fritzlers are granted an exemption from the lot size requirements of the Weld County Zoning Resolution. BE IT FURTHER RESOLVED, that this exemption is allowed so that the Fritzlers may proceed to apply for a Recorded Exemption and the lot size variance is conditioned on the Fritzlers applying for and doing all necessary to obtain said Recorded Exemption within one (1) year, and said variance is limited to the Fritzlers, and will terminate if they sell or otherwise discontinue their interest in the abovementioned land prior to obtaining approval for and recording the above- mentioned recorded exemption. BE IT STILL FURTHER RESOLVED, that this exemption is allowed under the following additional conditions, to-wit: 1. Applicants must follow the Weld County Engineer' s recommendations regarding access to subject property and as to proper drainage. 2 . That Weld County will not maintain access to subject property. 3. That the local school board record be placed in custody of the Clerk to the Board' s file indicating that this land split was discussed long before current county regulations were adopted and enforced. Pt 1 (35 740403 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of October, A.D. , 1974 , nunc pro tunc as of October 16th , 1974 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO li Lei ( .1) ' i ( ,L 1 ( ) 1 ,l 'Lt;L ,--- ATTEST:�� eS ' /� Ce Weld County Clerk and Recorder and Clerk to the Board )- Deputyt C unCy Clerk APPROVED As TO FOR& -- r ., 7� /'Ctounty Attorney 1• r ; RECEIPT FOR CERTIFIED MAIL-300 (plus postage) SENT TO POSTMARK OR DATE Ed Fritzler STREET AND NO. Rt. 2, Box 160 P.0 STATE AND ZIP CODE �� LaSalle, Colo. 80645 10/31/74 `' 4 RETURN OPTIONAL ShowsSERVICES whomFOR and date dell FEES 15¢ Ix a w Iry+Lya a ,r F� � RECEIPT to delivery t and he only 35d SERVICES ' 2' Shows to whom,date and where sse delivered.. 850 With delivery to addressee only 85d _DELIVER TO ADDRESSEE ONLY 504 Q SPECIAL DELIVERY (extra fee rewired) Z PS Form NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL n GPO:1972 0-490-942 -2- LAW OFT ICES HOUTCHENS AND HOUTCHENS 1007 NINTH AVENUE BARNARD HOUTCHENS GREELEY, COLORADO 80631 S ROBERT HOUTCHENS TELEPHONE 353-9195 HODGER I.HOUTCHENS AREA CODE 303 JOHN B.HOUTCHENS October 29, 1974 Mr. Tom Honn Planning Office of Weld County County Services Building Greeley, Colorado 80631 Re: Edward Fritzler Dear Mr. Honn: Enclosed is a copy of page 2 of the minutes of the meeting of School District RE 1 for August 13, 1970 at which time the residence which Mr. Fritzler intended to move onto his land near Gilcrest was given to him by the School District. This completes the file, except of course for the sur- vey for the recorded exemption which will be filed as soon as it is completed by Mr. Freese. Very truly yours, 12odger I. Houtchens RIH/gs cc. Ed Fritzler Rt. 2, Box 160 LaSalle, Colorado 7r. • STATE OF COLO ADO irr5 GpNE' _ COUNTY OF WELD ss' 4`E�[i RE-C + Filed with the Clerk of the Board \Cl, tat��n,, izsian �! of County Commissioners \kr, Nell l OCT 31 1974 � � CtL' L, .....:::, COUNTY CLERK AND RECORDER r:Y. . _ __ Deputy i GGG7wt. /r kid-,,,,,, .- r '.• ,.♦ :5 ••.r... •c }.,r t dt 1. • t r:.::i:'1 and ...,a: 'i otiO^ r 7 ie 1 curl:"�" , k .r - 1I ti . i[. - d•:` • 1. 1 '- t p.j z - � - ... . a i"1 - J - . ty,e 1..1,2-.. y.- I. .h r 'a5 r i. i? P. c, :-r` 'ilt} . c s . OFFICE OF THE PLANNING COMMISSION BURMAN LORENSON PLANNER PHONE (303) 353-2212 EXT. 227,228& 229 COUNTY SERVICES BUILDING GREELEY,COLORADO 80631 WI I P O • COLORADO September 24, 1974 Board of County Commissioners Weld County Colorado County Court House Greeley, Colorado 80631 Re: LSV-1 :74:1 Dear Sirs: The attached letter, affidavit and other items are in reference to a request, by the Edward and Jacob Fritzler families, for a Lot Size Variance under Section 9-4 A (6) of the Weld County Subdivision Regulations, so that they may make application for a Recorded Exemption. The parcel of land in question is approximately 76 acres. Under existing regulations the following is required: "That the original tract or parcel of land to be divided under this Section meets the minimum lot size requirements established by the Weld County Zoning Resolution; variance from this requirement being allowed only upon good cause being shown to the Board of County Commissioners or where said tract or parcel of land lies within the comprehensive plan area of an existing incorporated town of Weld County. (Rev. 4/17/74)° Under this requirement the Fritzler property would have to contain 80 acres, to meet minimum lot size standards, unless a variance is granted by the Board of County Commissioners. It is such a variance that is the subject of this request. Based upon the information submitted and Weld County requirements, the Planning Commission Staff recommends the following. It is recommended that the request for Lot Size Variance be denied for the following reasons: 1 . It is the opinion of the staff that good cause has not been shown as to why such variance should be granted as required by Section 9-4 A (6) of the Weld County Subdivision Regulations. 2. The proposed land division is not in conformance with the intent of the Recorded Exemption Procedure which is defined as "a means whereby non-productive agricultural lands may be developed for higher or more productive uses, in-so-far as such uses are compatible with surrounding agricultural uses in areas where such WELD COUNTY COMMISSIONERS HARRY S. ASHLEY GLENN K. BILLINGS ROY MOSER Board of County Commissioners September 24, 1974 Page 2 land divisions are proposed." The property in question is composed of Class I and Class II irrigated agricultural lands. 3. Difficulties exist in providing access to the proposed lot as reflected by the attached comments of the County Engineer. As reflected by those comments, the best location of an entrance would be on Colorado 256. However, the Weld County Thorough- fare Plan designated this highway as an arterial . As additional accesses are granted on such arterials, their function as a safe and efficient means for the movement of larger traffic volumes is significantly reduced. 4. Finally, an additional , though not insurmountable problem exists with reference to the size of the proposed lot. The Weld County Zoning Resolution requires a minimum lot size of one (1 ) acre. The proposed .918 acre lot does not satisfy this requirement. Respectfully Submitted, ate; Gary Z. Fortner Interim Director jsm LAW OEI-,CFO HOUTCHENS AND HOUTCHENS '007 NINTH AVENUE • BARNARD HOUTCHENS GREELEY, COLORADO 80631 5.ROBERT HOUTCHENS TELEPHONE 353-9I9S . ROUGED 0 HOUTCHEN5 AREA CODE 303 JOHN B.HOUTCHENS October 2, 1974 Mr. Ed Fritzler Route 2, Box IE0 • LaSalle, Colorado Dear Ed: . I just heard from the City Planning Commission Office. They advise me that they have denied your request for variance from the 80 acre requirement in order to obtain a recorded exemp- tion. This is contrary, of course, to everything that both you and I have been told in the Planning Commission Office and re- quires that we get together to discuss the matter. I was called at the office on October 1, 1974 at 3:40 p.m. I returned the call about 4:10 p.m. anal the switchboard at the Court House was closed. I then got in touch with Mr. Tom Honn and Mr. Gary Fortner on October 2, 1974 about 9:10 a.m. They told me that the matter had been scheduled for action before the County Commissioners on their• denial at 10: 00 a.m. , October 2, 1974. There was no way in which I could have possibly gotten in touch with you or rearranged my schedule to attend the hearing at the County Commissioners Office. I asked Mr. Fortner to put the matter off until you and I could confer. He suggested Wednesday, . October 9, 1974, on which day I have a trial, or Wednesday, • October 16, 1974. I asked him to put the matter on the County Commissioners diary for October 16, 1974. The first time you are in Greeley, please stop in to see me or call for an appointment. Very truly yours . ....,!--- —/ Exi..2 Rodger. 1 . IIoutchens RIH/gs • cc. Mr. Roy ''oser Weld County Planning Commission P. O. Box 758 Creeley, Colorado 30631 Mr. Gary Fortner Weld County Planning Commission P. O. Box 758 • Greeley, Colorado 80631 4 OFFICE OF THE PLANNING COMMISSION 110 "S.'l BURMAN LORENSER PLANNER PHONE(303) 353-2212 EXT.227,228&229 COUNTY SERVICES BUILDING C. GREECE V.COLORADO 80831 COLORADO October 4, 1974 Mr. & Mrs. Ed Fritzler Rt. 2, Box 160 LaSalle, Colorado 80645 Dear Mr. & Mrs. Fritzler: Enclosed are the comments and recommendations of the Weld County Planning Commission staff in reference to your request for a Lot Size Exemption, Section 9.4.A(6) of the Weld County Subdivision Regulations. Also enclosed are copies of Section 9 of the Weld County Subdivision Regulations relating to recorded exemption pro- cedures. I am sending this information at the request of Mrs. Fritzler whom I talked to on Friday, October 4, 1974. If you have any further questions, please feel free to contact our office. Sincerely, Gary Z. Fortner Interim Planning Director GZF/lj Enclosures WELD COUNTY COMMISSIONERS HARRY S.ASHLEY GLENN K. BILLINGS ROY MOSER i OF OF THE PLANNING COMMISSION f BURMANLORENSON PLANNER WI PHONE (303) 353-2212 EXT.227,228& 229 COUNTY SERVICES BUILDING GREELEY,COLORADO 80631 O • COLORADO October 2, 1974 Mr. Rodger Houtchens Attorney-at-Law 1007 - 9th Avenue Greeley, Colorado 80631 Dear Mr. Houtchens: Enclosed please find the letter of recommendation, in reference to the Fritzler family Lot Size Variance request, addressed to the Board of County Commissioners, Weld County, Colorado, as per your request. Also enclosed is the correspondence from the County Engineer regarding his site inspection of the access to the property in question. If you would desire to discuss our recommendation and reasons, please feel free to contact us. At this time we have rescheduled this case, LSV-1 :74:1 , to be heard by the Board of County Commissioners, Weld County, Colorado, on October 16, 1974. Ve ruly your c"' Thomas E. Honn Zoning Administrator TEH/lj Enclosures WELD COUNTY COMMISSIONERS HARRY S. ASHLEY GLENN K. BILLINGS ROY MOSER � arc OFFICE OF CCIUNTY ENGINEER -, <-, '. RICHARD L. STRAUB Cq �'`�i ' MP...4V COUNTY ENGINEER i PHONE (3031 353-2212 EXT. 216 �� P. BOX 758 GREELEV,COLORAA DO 80631 COLORADO August 29, 1974 Mr. Rodger Houtchens Attorney at Law 1007 9th Avenue Greeley, Colorado 80631 Dear Mr. Houtchens: As per your request we have made a field inspection of County Road 33, south of Colorado Highway 256 to determine if access would be possible to the proposed corner lot. The existing borrow area on the west side of 33 is a wet swampy area. Construction of an entrance would be difficult at this location. We could approve an entrance at the extreme southern part of the lot ( 200 south of Colorado 256) but we would not assume any responsibility for future maintenance of this entrance. This entrance would be placed at the developers expense. The best location of an entrance would be on Colo- rado 256. Very truly yours, Richard L. Straub mfm , nti //CC: Gary Fortner A\‘,A. fib, 45' a c F' 13 1 \I N ,REG y �eM sue .� WELD COUNTY COMMISSIONERS HARRY S.ASHLEY GLENN K. BILLINGS ROY MOSER LAW OFFICES HOUTCHENS, HOUTCHENS AND DOOLEY 1007 NINTH AVENUE BARNARD HOVTOH ENs GREELEY, COLORADO 80631 S.ROBERT HOUTCHENS a 000 ER I, HOUTCHENS TELEPHONE 353-9195 AREA CODE 303 JOHN J.DOOLEY JOHN B.HOUTCHENS STEPHENS DOOLEY August 26, 1974 Mr. Gary Z. Fortner Interim Planning Director Planning Commission County Services Building Greeley, Colorado 80631 Re: Edward and Eileen Fritzler Dear Mr. Fortner: As I understand the problem as it now exists, it will be necessary for the Fritzlers to obtain a variance in lot size before an application for a recorded exemption is granted. We would appreciate it if you will proceed to obtain the "lot size" variance so that the Fritzlers may proceed to have the farm sur- veyed and the lot which they expect to convey to Mr. and Mrs. Mitchell staked out. For your information we have already obtained letters from the Weld Central Water District and from the County Health Department which state that water is available and that the soil is suitable for the discharge of sewage. We would sincerely appreciate a decision upon the variance as soon as possible. Fall is upon us and if construction is to be done this year it is important that the matter be determined with- out further delay. We thank you for your courtesies. Ver ruly yours, Rodger I. Houtchens RIH/gs G3"1311 cc. Ed Fritzler �1�` �? Rt. 2, Box 160 ft'L �Q 8-11 LaSalle, Colorado �" �� ,p c c≥c t OFFICE OF THE PLANNING COMMISSION ortyntitit. BURMANLORENSON PLANNER PHONE(303) 353-2212 EXT.227,228& 229 COUNTY SERVICES BUILDING C. OREELEY,COLORADO 80631 COLORADO August 23, 1974 Mr. Rodger Houtchens, Attorney 1007 - 9th Avenue Greeley, Colorado 80631 RE: Edward & Eileen Fritzler - Land located in N; NEa Section 22, Township 4 North, Range 66 West Dear Mr. Houtchens: The following is in reference to your letter, signed by the Fritzler and Mitchell familys, dated July 2, 1974. As we discussed earlier, this letter should request a variance from the minimum lot size required to proceed with a Recorded Exemption, rather than exemption from the Weld County Subdivision Regulations. Such variance from the lot size require- ment may be granted by the Board of County Commissioners under Section 9-4 A(6) of the Subdivision Regulations. Once such variance is granted, the applicant must proceed through the Recorded Exemption procedure de- fined under Section 9. If you will resubmit this letter, with reference to Section 9-4 A(6) , we will complete the necessary processing and submit the request to the Board for their decision. If the request is granted, we may process the neces- sary Recorded Exemption. We apologize for any inconvenience which may result from these changes. If you have further questions, please feel free to contact our office. Sincerely, ,..S24/11 7o2,G4Lec, Gary Z. Fortner Interim Planning Director GZF/lj WELD COUNTY COMMISSIONERS HARRY S. ASHLE GLENN K. BILLINCS ROY MOSE R July 2, 1974 Board of County Commissioners c/o Ms . Carol Lee Planning Commission Weld County Greeley, CO 80631 Gentlemen: The undersigned hereby apply for a waiver of the County subdivision regulations concerning minimum area requirements for construction of a dwelling upon a one-acre tract located in the Northeast corner of the following described lands located in Weld County, Colorado, to-wit: North Half of the Northeast Quarter (NIINEJ) of Section 22 , Township 4 North, Range 66 TTest of the 6th P. M. Edward Fritzler and Eileen Fritzler purchased the above described lands in 1961 . In 1971, Edward and Eileen Fritzler, in compliance with an agreement, conveyed an undivided one- half interest in the said property to Jacob Fritzler and Elizabeth Fritzler, who had built their hone thereon. A tract of land upon which the home was built was conveyed to Jacob Fritzler and Elizabeth Fritzler at the same time. A plat showing the location of. the Jacob Fritzler home location on the tract is attached as Exhibit A. It was the plan of Edward and Eileen Fritzler to convey a tract of one acre to his daughter and son-in-law, Cheryl Mitchell and Don Mitchell, for the purpose of constructing a home upon the above described property. An agreement between the Mitchells and the Edward Fritzlers was reached. The Mitchells started to plan prior to August 13, 1970 . They negotiated with School District RE-1, Weld County, for the acquisition of a house which the school district was to move from property owned by it. The minutes of the meeting of School District RE-1 on August 13, 1970, established the fact that the Mitchells , through Edward Fritzler, had made arrangements to obtain the house . The Mitchells decided that the offered house was not suited to their needs and they did not move it onto the land. They did continue to plan. Jacob Fritzler and Elizabeth Fritzler, who are the grand- parents of Cheryl Mitchell, knew of the Mitchell plans and consented to it at the time they acquired their interest in the property. The Mitchells are now ready to build a horde and have requested conveyance of a tract of about one acre. All parties Board of County Commissioners Page 2 July 2, 1974 are ready to make conveyance to them when the waiver of County subdivision regulations have been waived. The plan of the parties is to convey the tract, which is shown upon the attached plat. When the exemption is granted, a Registered Surveyor will be employed to establish the exact boundaries and to supply a metes and bounds description. The area upon which the Mitchells want to build is suited for such construction. It is located to the west of Peckham with county roads bordering it on the east and north. Ingress and Egress to the property are both easy and safe . Domestic water is available and the Mitchells plan to use a domestic well. Soft water is encountered at 400 feet, and is safe for domestic use . Also, if necessary, water from Central Weld Water District is available if, for any reason, water from a well cannot be used. The subsoil is sand and gravel. The water table is at 30 feet. No difficulty will be encountered in disposing of household wastes either through leach fields or ceptic tanks. It is important to both the Mitchell family and the Fritzler families that this request be granted. The Mitchells want to rear their children in a rural setting. Mrs. Mitchell, having been reared in the country, is most eager to return. The family wants the children to have the opportunity to learn about agriculture and mechanics--an opportunity they are denied in the city. Additionally, the Fritzler-Mitchell families are close and each has a very strong desire to live in proximity to each other. The undersigned request that they be given an opportunity to attend any meeting at which this request is discussed and decided. Yours truly, i-'7C77.41/7(-1 AFFIDAVIT The undersigned being the owners of the following described real property located in Weld County, Colorado, to-wit: Nei NEa of Section 22 , Township 4 North, Range 66 West of the 6th P.M. , except a parcel that part thereof starting at the NE Corner of said Section, thence West 1952. 9 feet and again South 58 feet to the point of beginning, thence South 200 feet, East 200 feet, North 200 feet and thence West 200 feet to the point of beginning and except any portion of the said N1 NE4 of Section 22, hereto- fore conveyed for U. S. Highway No. 85 hereby state that prior to August 13, 1970, they agreed to convey to Don Mitchell and Cheryl Mitchell a tract of land about one acre in size in the Northeast Corner of said property for them to build their home thereon. That since said date the said Don Mitchell and Cheryl Mitchell have been planning to eventually construct their home there- on and they are now in the process of concluding their plans and find that it will be necessary for them to obtain a permit from the County of We l d. The affiants would further state that Cheryl Mitchell is the daughter of Edward J. Fritzler and Eileen Fritzler and the grand- daughter of Jacob Fritzler and Elizabeth Fritzler. All the parties have anticipated with pleasure the time when the Don Mitchell family would be able to build upon the land. Evidence of the date the intention to construct a home as hereinabove described can be found in the minutes of the meeting of the School Board, RE1, Weld County for August 13, 1970. .) ' ''11 - ' rg- 4<-/ 61 F's., et.„1 STATE OF COLORADO ) COUNTY OF WELD ) ss Subscribed and sworn to before me this `')._5 day of I/77, 1974, by Edward J. Fritzler, Eileen Fritzler, Jacob Fritzler d Elizabeth Fritzler.My commission expires: 3 1 S �7- / 4,6e--4"--T047-11-M1r.-1"."' PLAT OF SURVEY , ,'7 or. S:.-c 2.2, N E Cot Sec 2.? 7---/N, 96S' / T-1/I ,f?66 ' V'_ Norm Laze Sec 22, T4N, R&CW �- /925-290 ' _ S 90 00 00{4/ 20000' S 900000"t l 0 I 0 O /Sout,6 /Y O YV Lime of Co/c. Nwy 42-16 h 0 '� r N 90'0000-E 20000' (j !c True 6oi,t of ,, Beyiiint/y d I t Cox Sridye Igautinent' \v O e83S� O9/8 Acres d- @, Cam.,_ �� 0 J 1, Br.iyc o \K tQ Sca/A/=S0' S 900000"W 20000' LEGAL DESCRIPTION tract of land located in the i;ortheast Quarter (NE1/4) of Section 22, Townsiii;: .aorta, :2anr,e nn hest of the Sixth Principal Meridian, Weld County, Colorado and being r,ore particularly described as follows: Chancing at the Northeast Corner (NECor) of said Section 22, and considering toe .or: ine of the Northeast Quarter (NE1/4) of said Section 22 to bear South 900. 00' 00" ..es: a-.d with ail other bearings contained herein being relative thereto: Thence South 90° 00' 00" i':est, along the North line of the northwest Quarter (N..i/4) of said Section 22 , 1 ,952.90 feet; So,rt,n 00° 00' 00" West, 53.00 feet to a point on the South Right-of-, ay line o _: • ,-,r dh Highway No. 256 , said point being tie True Point of 3eginning; 7.;?ha South GO° G0' G0" vest, 200.00 fact; . .:•i :ca Sc:;h 90° 00' 00" nest, 200 .00 feet; . ti: 00° 00' 00" East, ZOO.'00 feet to a point on said South Right-of- ay lit.; ° 00' 00" East, alongf is l 2:'.c!�yf-••-. ,ih^- :i '..� �t0•� Sabi South iZl ght-Gt -:.ply line 0G .G0 feet to L:�t[.'` - p,rSul True 001 '.-c of Beginning. Said tract of land contains 0.913 acres and is subject U. _ i v ..✓ - - ..� ... � s POc:Y:G :�1��;l tS-J7-t:ay or Ot�1Cr FaselJe YltS as grad,2L, or rCSCrVCd by r„ents of record or as now existing on said tract of land. :r. .,P SURVEY SURVEYOR' S CERTIFICATE 1070 --- :c,G',. ...... .,IN iiY TrEu_ ?RESENTS: That I do -noriby certify .`:. : :cp..roc. picz rro7r: an actual and uccurutG :,urvcy of th. . hc'; co.2.cr .-:o.':aunts anown thorcon ware p oparly placac 2::racna_ supervicica. Gerald 8. . cRae, Registered Land Surveys,' ProfTessional Lnc;i iie.'dr, Colorado ,.J,). No. .. Cc, ...._...ctc Phc.:,. .3S2-:,:27 /] i._.... .i:ivu o- ..y , v:^,...o /n-6" .. q i 6?.9 _ / y nic " az ti - cc , /). /A; I I �! W1 � 1AV I • l l 4 set N-t- -'''.,, Y4 '`nl ,«7 F� , a 1,11 ill. . . - 4, irhiIHHik e � rIll .Jr. a]POIrr 4 • .P� L . (fj�T 9. d + f i R . e 1 1 I G 14} N a•J4' * - 'F r4'4> f it — �' i' , y1k 6 tit-r -0`s a ,r .14 . 1 .r - H 44 �: '' v, .. -w � 4,-. Y . 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