HomeMy WebLinkAbout790427.tiff RESOLUTION
RE: APPROVAL OF LOT SIZE VARIANCE NO. 83 - ED AND CAROL OHMAN
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 has determined
at a public hearing held on the 14th day of February, 1979 in
the Chambers of the Board of County Commissioners of Weld County,
Colorado, that a certain tract of land is owned by Ed and Carol
Ohman, which land is more particularly described as follows:
Parcel B on Exertion No. 0803-5-1-MS-10, being also
described as:
A paLeel of land located in the Southeast Quarter of
the Northeast Quarter of Section 5, Township 6 North,
Range 65 West of the 6th P.M. , Weld County, Colorado,
being more particularly described as follows:
Beginning at the East Quarter Corner of said Section
5, Township 6 North, Range 65 West of the 6th P.M. ,
and considering the East line of said Section 5 as
hearing North 00°00'00" East and with all other
bearings contained herein being relative thereto;
Thence North 87°11'31" West, 30.04 feet to the True
Point of Beginning;
Thence North 87°11'31" West, 1293.23 feet;
Thence North 00°03'29" West, 342.50 feet;
Thence South 87°23'04" East, 1293.37 feet;
Thence South 00°00'00" West, 346.84 feet to the True
Point of Beginning.
WHEREAS, the owners of said tract of land desire to obtain
a variance from the minimum lot size requirement so that said
applicants may make application to the Board of County Commis-
sioners for a recorded exemption, as set forth in Section 9-4 .A. (6)
of the Subdivision Regulations , and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado feels that the applicants have shown good cause for
granting a lot size variance under Section 9-4.A. (6) of the Weld
County Subdivision Regulations .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado that a variance from lot size
requirements be, and hereby is, granted to Ed and Carol Ohman for
the above described parcel of land.
790427
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
February, A.D . , 1979.
BOARD OF COUNTY COMMISSIONERS
W LTY, COLORADO
— ce/dzil /0_Zerl cer •/i
g
yyG
(Cc,
y+yi t ;,-�
ATTEST:
Weld County Clerk and Recorder
and---Clerk to the Board
pY: /..2A/1A---IA-X-1/A( J AiA
Deputy County \
C?C
Attorney
DATE PRESENTED: FEBRUARY 21, 1979
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
COLORADO
February 7 , 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Lot Size Variance #83
Dear Commissioners:
The attached letter and related materials are in reference to a re-
quest for a lot size variance by Carol and Ed Oilman. The property is
described as Pt . SE*NE* Section 5, TEN, R65W of the 6th P. M. , Weld
County, Colorado. This property is located 1-1/2 miles east and 1/2
mile south of Eaton. The property contains approximately 10. 2 acres
of Class IV and VI non-irrigated soils. The request is to obtain a
variance from the minimum lot size requirement , Section 9-4 A. (6) , so
that they may make application to apply for a recorded exemption.
If this lot size variance is granted, the Ohmans will proceed with
their application for a recorded exemption to divide the property into
two parcels of approximately 4 . 75 acres and 5. 47 acres. The Ohmans
desire to sell the 4. 75 acre parcel . The Ohmans' residence is located
on the 5.47 acre parcel.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends this re-
quest be denied for the following reasons :
1. It is the opinion of the Department of Planning Services Staff that
the proposal is not consistent with the intent clause of the record-
ed exemption procedure. Said clause states :
"The intent in establishing the Recorded Exemption Pro-
cedure is to provide, in accordance with the Weld County
Comprehensive Plan , a means whereby non-productive agri-
cultural lands may be developed for higher or more pro-
ductive uses, insofar as such uses are compatible with
surrounding agricultural uses in areas where such land
divisions are proposed. (Rev. 4/17/74)
Board of County Commissioners
Page 2
February 7 , 1979
The Plan urges residential development to be closely connected
to and served by municipal utilities, and towns should be en-
couraged to service new developments within a reasonable service
area from the town. The plan further indicates subdivision of
land should conform to the overall development goals and policies.
2. It is the opinion of the staff that the proposal is not consistent
with the intent clause of the A-Agricultural Zone District which
states:
"Intent - The intent in establishing the A-Agricultural
Zone District is to allow all agricultural related uses
in those areas in which agriculture is and should con-
tinue to be the predominant land use. This district is
intended to discourage encroachment of incompatible uses
upon the agricultural land in the district , to encourage
agricultural uses as the highest and best use of the land
in the district as compared with other uses in conflict
therewith, and to provide for the orderly expansion of
urban growth in conformance with the Weld County Compre-
hensive Plan. (Rev. 12/29/76)
The parcel is not prime agricultural land because of past divi-
sions of land creating rural residential tracts. The nature of
the request is not , however, providing for the orderly expansion
of urban growth.
The Town of Eaton has expressed that 5 acre parcels are acceptable
to their land use considerations. The Department of Planning
Services Staff feels that if the area were to continue to develop
into 5 acre tracts, however, inefficient development will result .
3 . It is the opinion of the Department of �Y2.nning Services Staff that
in the vicinity of the proposed ra.apv44,61.w4xemption, development has
reached a level where the continued division of parcels would evade
the intent of the Weld County Subdivision Regulations. The princi-
pal purposes of the Subdivision Regulations of concern to the
Department of Planning Services Staff are as follows:
1 . "A. To assist orderly, efficient and integrated development .
2 . B. To promote the health, safety, and general welfare of the
residents.
3 . C. To ensure conformance of land subdivision plans with the
public improvement plans of the County and its various
municipalities.
Board of County Commissioners
Page 3
February 7, 1979
4. F. To encourage well planned subdivisions by establishing
adequate standards for design and improvements.
5 . P. To assure the planning for and provision of an adequate and
safe source of water and means of sewage disposal.+
Respectfully,
ire Thomas F. Honn
Zoning Administrator
VT/csd
December 11, 1978
Weld County Planning Commission
Centennial Building
Greeley, Colorado 80631
TO WHOM IT MAY CONCERN:
In accordance with a conversation with Mr. Thomas E. Hohn, we herewith
enclose the needed material for reviewing prior to our formal application
for a recorded exemption. Legal description of subject property as follows:
Parcel B on Exemption No. 0803-5-1-MS-l0,.being also described as:
A parcel of land located in the Southeast Quarter (SEA) of the Northeast
Quarter (NE1) of Section Five (5) , Township Six (6) North, Range Sixty-five (65)
West of the 6th P.M. , Weld County, Colorado, being more particularly described
as follows:
Beginning at the East Quarter Corner (E1/4Cor) of said Section 5, Township
6 North, Range 65 West of the 6th P.M. , and considering the East line of
said Section 5 as bearing North, 00°00'00" East and with all other bearings
contained herein being relative thereto; Thence North 87011'31" West, 30.04
feet to the True Point of Beginning;
Thence North 87°11'31" West, 1,293.23 feet;
Thence North 00°03'29" West, 342.50 feet;
Thence South 87°23'04" East, 1,293.37 feet;
Thence South 00°00'00" West, 346.84 feet to the True Point of Beginning;
As per request we are enclosing the following documents:
(1) Copy of Deed
(2) Copy of Survey
(3) Rough draft of land to be exempted
(4) Letter from North Weld County Water District
(5) Letter from Greeley Gas Company
As for the reasons we are requesting this recorded exemption are the following:
We purchased the subject property in May of 1971 and have since found
out that ten (10) acres is too much land for just a building site and
not enough land to purchase equipment to raise crops. Also, with
only one share of water, it is impossible to raise anything.
We now have several parties interested in purchasing approximately 4.75 acres
to use as a building site. We feel that this won't affect this area as there
are other 5 to 10 acre tracts around us.
Weld County Planning Commission
December 11, 1978
Page 2.
We hope this letter serves its purpose at this time. We'll be looking
forward to hearing from you so that we may proceed with all the other
legal matters pertaining to this recorded exemption.
Sincerely,
•
(;- C
h
C,) (-IL-
Mr. and Mrs. Ed Ohman
Re4 1 , Bo k _e
kO.±%br, Go la ¶o6iS
Enclosures y sy - ao
k
THE TOWN OF 223 1st STREET
EATON,COLORADO 80615
PHONE 454-2876
Ar
ECON
COLORADO
January 9 , 1979
Weld County Planning Commission
Centennial Building
Greeley, Colorado 80631
Attn: Mr. Tom Hohn
Dear Tom,
Regarding the proposed recorded exemption w f Mr. &
Mrs. Ed Ohman the Town Board of the Town rof Eaton has no
objection to the division of the 10 . 22 acre site into one
4 . 75 acre parcel and one 5 .47 acre parcel.
However, the Board would like to see future land
splits of this type he held to a 5 acre minimum and that
they would not be in favor of such a gplit on prime
agricultural ground.
Sincerely,
da
X02 r3--
% * 1r1Ts,�
^ Gary A. Carsten,
Administrator
co JAN 1919
RECEIVED - '
Weld Cpapty v
c Planing Canipalu
e6Z81[L BZO"
REGULAR MEETING SECOND MONDAY OF EACH MONTH
tfi;aoo,4oxaleete 18.9.2 K
REELEY
G Y
GAS
COMPANY
November 20 , 1978
Ed and Carol Olman
% Opdyke Agency Inc.
1309 10th Avenue
Greeley, Colorado 80631
Dear Sir;
m
0 The Greeley Gas Company services the area of Section
w
z
No. 5 , Township 6N, Range 65W Weld County, that borders County
w
H Road No. 41. Natural gas can be supplied to this area subject
O
0 to the Gas Attachment Program as filed with the Public Utilities
O
O
a Commission effective December 23, 1973.
0
m,
O
Very truly yours ,
w
CC
2it7/ #
o Earl Ely
m Customer Relations Consultant
O
a-
C"
D
z
w
a
i EEE :mh
ol
z
a
a
2
O
U
v;
a
C9
r
w
w
w
m
0
X.
BOARD OF DIRECTORS ler
w - NORTH WELD COUNTY WATER DISTRICT
E RNEST TIGGES
ALEX HEIDENREICH
ROBERT ALKIRE
'� � �' HIGHWAY 85 LUCERNE, COLORADO 80646
p �
GARY SIMPSON - II - LYLE NELSON, MGR.
TOM REED 1
� - P.O. BOX 56 • PHONE 356-9020
November 20, 1978
RE: Water Service , Edwin & Carol Ohman & Opdyke Agency
Dear Sirs:
This letter is in response to your inquiry regarding water
service to the following described property :
Pt. of Sec. 5-6-65
1 . X Water service is presently being provided to the
above described property .
2 . X Water service can be made available to the above
described property provided all requirements of
the District are satisfied.
If contracts have not been consumated with North Weld County
Water District within one year from date of this letter , this
letter shall become null. and void.
Additional comments :
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
2218-06-1
Lye D . Nelson, Manager
LDN/rr
c! , 75 R . S, 47
NN)
s .per 1 C to
'° -
I
r
a 4
� DN7r,a'7)
Roo fqi
Roo_d 4 I
t
•W' 1 ! yh. .. t u
�fMk, el*,. i �" ,.r:35,-,!.
F CAI 1.•a 3S +Y t �
q
Id It 4'11:,4:.1.;' 'E Y�2,4 n ,
. .
yy a d!
- . t ."1. TQI E lr
i
e t '' ' '4;10:...--
w.�rw .�>
31 p s g(( /
lr4M . :4 .k d.
.al
tit f ,.r i.: . .
•7r 11 fl H it
f iiiw ae # ,gr t.#{ -S e:°i � � a ,
CC 3
� M � �4344
t x g%,' p qtr If'C 4 II
i. .' / 7 p r ,i jbi
X35 I
a
3h
.N `iI �# 1l „sue y 15," .«, +i�ltl
! yy'
r '3 t r cG 5;
i< a vetkt e. 3, •. n.w W
Jr s F a •R z t l �t t + rrI
ye' K�ru g 1ie�4 r t, _
B ' k! k i "a �1
r S el ` , A „
,t. A' r Y
u v
P,kr.
,)
P$•,� ` � '; I ,.
r air, t. 1 ' 4- Ilk �_ e, ti
aa
6y kk
t n v 5 •[ "� I•
F .�, .4.t:**Lk i , d 4:„`•� a ,,. ES 1," <
Y Ij�' u ..: ill at ( Nd
_ E GAL DESCRIPTIO - O " 'O-L.3
CASE NO. 1~5 'J fl
sB 34-U
c5tIL- - 1i JEO
"438 0/.1 NC4
ONLY(
4-A81
SOIL CLASSIFICATION
OLD NO. NEW Na IRRIGATED NON - IRRIGATED
34U 4 "ilrw
4313 64 Mrs 73re
53 8 51 ti e 7STe
x - s3 g 32 e Ire
mEmORAnDUm
To Planning Commission Date January 25 , 1979
COLORADO From Gilman E . Olson , Utility-Subdivision Administrator
Edwin and Carol Ohman , ( L . S . V . )
subject:
There are no engineering problems anticipated by this
request .
Any new access will need to have prior approval .
41461( t'an
Gilman E . Olson
Utility-Subdivision Administrator
��Ll,�?4627"ge9\
x✓ 1 ,2\919
JAN
CS
REGENED TV
re—teWuld CounH
S, %annin6 to�nnissi" cg
�A 'lei a t)40
Xld BOARD OF HEALTH
e ounty Chubb Department DAVIDWERKING. DOS. Greeley
WILLIAM BUCK. Haggai"
FRANKLIN D. YO DER, MD, MPH isle HOSPITAL ROAD DORIS DEFFKE. Greeley
Director A M. DOMINGUEZ, JR., J.D.. Greeley
GREE LEY, COLORADO 80631 ANNETTE M. LOPEZ. Greeley
(303)353-0540 FRANK MYERS. M P H Windsor
HERSCHEL PHELPS. JR M.D.,
Greeley
KATHLEEN SHAUGHNESSV, PHN, Ault
ARTHUR G. WATSON. Platteville
January 29, 1979
Chuck Cunliffe
Planning Services
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
The Lot Size Variance requested by Edwin and Carol Ohman, has been
reviewed by Environmental Health staff and no apparent conflict
with health regulations was indicated. However, there may be a
problem with a conventional septic system due to the possiblity
of high groundwater (our records show water at 31/2 feet, one-half
mile north of this property).
Sincerely,Ntf . oto
Jahn G. Hall , . .H. , Director
nvironmental Health Services
JGH:dr 1%.30nj JAN 1919
REGEIV E D co'
t,, W.9 County `°
gomtissie'
r' %a�PiR4 ��
�c-Ole,,L!§t51�01>
1
FIELD CHECK
FILING NUMBER: LSV-83 :79:2 _ DATE OF INSPECTION: 1/26/79
NAME: Ed and Carol Ohman
REQUEST: Lot Size Variance
LEGAL DESCRIPTION: Pt . SE4NE Section 5, T6N, R65W
LAND USE : N Rural Residential
E Agricultural
S Rural Residential
w Agricultural
ZONING: N Agricultural
LOCATION: 1-1/2 mile east and E Agricultural
1/2 mile south of Eaton s Agricultural
W Agricultural
COMMENTS :
There is one residence on the parcel . The balance of the property is
in natural grasses. A drainage ditch forms the southern boundary of
the property. Access is existing for the residence from County Road 41 .
There appears to be access also for the proposed exempted parcel from
County Road 41 near the drainage ditch. County Road 41 is gravel surfaced.
BY:
r ' ,
li Ii
Wili33 Dr2b, Made this //I> day of May n the year of our Lord II
II
1 one thousand nine hundred and Seventy-three between
EDWIN B. OHMAN and BERNARD V. MATHEWS •
Cs of the County of Weld and State of Colorado, of the first part, and
EDWIN B. OHMAN and CAROL M. OHMAN
o •
!
(•--
1--- of the County of Weld and State of Colorado, of the second part;
I
it I'
NO
'O Witnesseth, That the said part i e Sof the first part, for and in consideration of the sum of
,-+ Other Valuable Considerations and One Hundred DOLLARS,
tv I
a-i to the said part 1 e Sof the first part in hand paid by the said parties of the second part, the receipt whereof is hereby eon-
rt i fessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, 'I
convey and confirm, unto the said parties of the second part, not in tenancy in common but in point tenancy, the survivor of I
o
them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land I
v'J and State of Colorado, to-wit:
situate, lying and being in the County of a'"1 eld
o Parcel B on Exemption No. 0803-5-1-MS-1Q being els? d II
etcribed as :
a A parcel of land located in the Southeas Quarter lSE%) of the
il
Northeast Quarter (NE/4) of Section Five (5) , Township - Six (6 ) North,'„
• Range Sixty-five (65) West of the 6th P.M. , Weld County, Colorado, j
r being more particularly described as follows : I
N • Beginning at the East Quarter Corner ( E Cor) of said Section 5, l
Township 6 North, Range 65 West of the 6th P.M. A and considering thel
East line of said Section 5 as bearing North 00'00 ' 00" East and withFl
all other bearings contained herein being relative thereto; II
Thence North 87°11' 31" West, 30. 04 feet to the True Point of Be- Io
I
ginning;
j Thence North 87°11' 31" West, 1,293. 23 feet; ,II
Thence North 00°03' 29" West, 342. 50 feet;
Thence South 87°23' 04" East, 1, 293. 37 feet; l
Thence South 00°00' 00" West, 346.84 feet to the True Point of
Beginning; -',
,
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, III
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the said part 1 e Sof the first part, either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances.
To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said parties of
the second part, the survivor of them,their assigns and the heirs and assigns of such survivor forever. And the said part 1 es I
them , covenant, grant, I'
of the first a part, for th ves their heirs, and part,s, and administrators, to
bargain and agree to and with the said parties of the second the survivor of them,their assigns and the heirs and as5'ren.;
of such survivor, that at the time of the ensealing and delivery of these presents,they are well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and let V e i
good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and torn aforeedd,.end th it 1,
the same are free and clear from all former and piles;,.ter nts bargains, sales, liens, taxes, .as;rsy.it,°nts .Wed multtiil t w;:.es of
whatever kind or nature soever, subject to .i.L7. tA;
also subject to deed of trust s' recorded March 16, 1`)72 inka6o4, '�i
under Reception No. 1585705, Weld County Records, said taxes _
de f trust the Grantees herein assume and a°re to pay; ,else sub I,
jecct to easemgnts7. r ghts of way, mineral reservat.ions ,
i & ,e dffo4% i airgh pr• Pii§cP Qhe quiet and peaceable possession of the said parties of the second part, the survivor of I i
them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or .I I
to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER
DEFEND. a� i ^'
i
In Witness Whereof, The said part 1eSof the first part ha ye hereunto set the lTya �',
•••hMrnd 3 and I
seal s the day and year first above written.
r l
Signed, Sealed and Delivered iu the Presence of iir e 1I b �i;.:);.. 'I'''. � � ,11V�'� .,� ryf,l old,
( Edwin B Uhman) td 'Q �r t
/i ( im9
F3ernard �athetvs ) �y�` — I
I
STATE OF COLORADO, nth day
County of Weld. 1 ss. The foregoing instrument was acknowledged before me this
of
May , is 73 ,by EDWIN B. OHMAN and BERNARD V. MATHEWS. II,
Witness My Hand and OfficiaLseal. �. _ �� I
My Commission Expires l a111�ary 5_, 1974 �I j, 1 y -`��i.1 Notary Puppy l
Mailing Address for
Future Tax Notices —
WARRANTY DEED TO JOINT TENANTS—tin:c. oo,en,.,. 41°, ` 0.o E.N."nL I,'
III
X
12606"
\ . \\ • 1. -" I dnib - --- ----I 1 I
I ! ;iL.
�� n a L : 1 Q.� i\I
. go.c, 174 .. 1
1 I I 12
7 8 ! g 10 RE 1
I I` 10 �, 1 .� �.
_ � _ ._ -�- .. . . . . a—
1 i 1 i3
IS I ) 6 15
C 7l0 f
LUCERNE RE {
)85�\ �. 3
19
20 21 7z 111la ® 24/
.�
uNlfiN -
t\ p*:. 1
fir. �c 33 E 3a io S 36
I ' 311- Ia • I
Hello