HomeMy WebLinkAbout790426.tiff RESOLUTION
RE: APPROVAL OF LOT SIZE VARIANCE NO. 82 - DELMAR G. JOHNSON
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 of Weld County,
Colorado has determined at a public hearing held on the 14th day
of February, 1979 in the Chambers of the Board of County Commis-
sioners of Weld County, Colorado, that a certain tract of land
is owned by Delmar G. Johnson, which land is more particularly
described as follows :
That part of the Southeast Quarter lying North of the
L. & W. Canal of Section 22, Township 7 North, Range
66 West of the 6th P.M. , County of Weld, State of
Colorado, more particularly described as follows:
Beginning at the Fast Quarter Corner of Section 22
and considering the North line of said Section 22, as
bearing South 89°24'41" West, with all other bearings
contained herein relative thereto; thence along said
North line 89°24'41" West, a distance of 30.00 feet
to the True Point of Beginning; thence continuing
along said North line, South 89°24'41" West, 2636.30
feet to a point on the West line of the Southeast
Quarter of said Section 22; thence along said West
line, South 00°13' 38" East, a distance of 1703.78 feet;
Thence along the North right-of-way line of the L. &. W.
Canal the following eight courses and distances:
North 26°13'27" East, 693.25 feet;
North 43°56'37" East, 165.17 feet;
North 75°52'54" East, 87.15 feet;
South 70°55'01" East, 392.84 feet;
South 77°31'48" East, 332.68 feet;
South 85°27'23" East, 163.65 feet;
North 84°13'02" East, 1099.78 feet;
North 80°15'26" East, 173.02 feet;
Thence North 00°00'00" East, along the West right-of-
way of County Road #33, a distance of 1041.91 feet to
the True Point of Beginning.
WHEREAS, the owners of said tract of land desires to obtain
a variance from the minimum lot size requirement so that said
applicant may make application to the Board of County Commissioners
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 applicant has shown good cause for granting
79O426
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 Com-
missioners of Weld County, Colorado that a variance from lot
size requirements be, and hereby is, granted to Delmar G. Johnson
for the above described parcel of land.
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
ELD COUNTY, COLORADO
'"1 i /O"-Id hi
�y� (,/'� ( / 01 U _ 4? /2,�
ATTEST: � ' I .vx OAA, f 4UAt -t r'
Weld County Clerk and Recorder
and dlerk to the Board
Deputy County rk
Ali/ROVED AS TO FORM:
-4-
P —
County Attorney
DATE PRESENTED: FEBRUARY 21, 1979
DEPART MENT OF PLANNING SERVICES
PHONE (303) 356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
COLORADO
February 14, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Lot Size Variance #82
Dear Commissioners:
The attached letter and related materials are in reference to a re-
quest for a lot size variance from Delmar G. Johnson. The parcel of
land is described as Pt . SE* Section 22, T7N, R66W of the 6th P. M. ,
Weld County, Colorado. This property is located 1-1/2 miles south-
west of the Town of Ault . The property contains approximately 68
acres of Class II irrigated soils. The request is to obtain a variance
from the minimum lot size requirement , Section 9-4 A. (6) so that Mr.
Johnson may make application for a recorded exemption.
If this lot size variance is granted, Mr . Johnson will proceed with
an application for a recorded exemption to divide the property into
two parcels. One parcel which will be sold contains approximately 5
acres, including an existing residence , shed and barn. The balance of
the property will be retained by Mr. Johnson as a future home site and
agricultural operation. The 63 acres also contains an existing resi-
dence.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the re-
quest be approved for the following reasons:
1 . The proposed split conforms with Section 9-2 of the Weld County
Subdivision Regulations (intent clause of the recorded exemption
procedure) , Section 3. 3 A. of the weld County Zoning Resolution
(intent clause of the Agricultural Zone District) , and the Weld
County Comprehensive Plan in that each parcel does have an exist-
ing set of improvements. The use will be compatible with surround-
ing agricultural uses. The request will allow agricultural and
Board of County Commissioners
Page 2
February 14, 1979
related uses to be the predominant land use. There will be no
reduction in the amount of land currently being used for agri-
cultural production.
2. The Town of Ault has no objections to this request .
3 . The request complies with Section 9-4 A. (6) of the Weld County
Subdivision Regulations because in the opinion of the Department
of Planning Services Staff , the applicant has shown good cause for
the variance.
R- spe tful
homas F. Honn
Zoning Administrator
VT/csd
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BOARD OF DIRECTORS ; „ NORTH WELD COUNTY WATER DISTRICT
ERNEST TIGGES
ALEX HEIDENREICH
ROBERT ALKIRE lON,110, HIGHWAY 85 LUCERNE. COLORADO 80646
GARY SIMPSON I ;�i� 1.,* LYLE NELSON, MGR.
TOM REED '
P.O. BOX 56 • PHONE 356-3020
January 15, 1979
TO WHOM IT MAY CONCERN:
RE: Water Service
Dear Gentlemen:
This letter is in response to your inquiry regarding water
service to the Vol Lowing described property :
60 acres Pt . SE4 Section 22 , Township 7 North,
Range 66 West of the 6th P.M. , Weld County ,
Colorado
Owner : Delmar Johnson
1 . X Water service is presently being provided to the
above described property .
2 . X Water service can he 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 �\ 214
Lyle D . Nelson, Manager •
LDN/rMe ti�
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Filed for record the day of _., A. D. 19 at_. _...._..o'clock___.ai _.._._.- _ .RECORDER.
Reception No.. .. By.... ._._._.__.._.. DEPUTY.
this Bret, Made this Seventh day of July ' in the year of our Lad
one thousand nine hundred and seventy—eight between FRED 0. GIBBS and JOHN D. PEARSON,
AS TENANTS IN COMMON, d/b/a,/ G & P ENTERPRISES, 1711 AA St., Greeley, Colo.
') of the County of Weld and State of Colorado, of the first part, and DEIMAR G. JOHNSON
: and ELEANOR M. JOHNSON, Rte. 3, Box 177, .
Eaton, Colo.
of the County of Weld and State of Colorado, of the second part;
Witnetssth,That the said parties of the first part,for and in consideration of the sum of --------s
ONE HUNDRED TWENTY THOUSAND and no/100--------..---...-----.--...— ---... .-- DOLLARS,
to the said part ieso(the first part in hand paid by the said parties of the second part, the receipt whereof is hereby eon-
reseed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell
convey and confirm, unto the said parties of the second part, not in tenancy in common but in joint tenancy, the surv.vor of
them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land
situate, lying and being in the County of Weld and State of Colorado, to-wit: That part of
he Southeast Quarter (SE1/4) lying North of the L.& W.Canal of Section 22, Town—
'13 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado,
•
ore particularly described as follows: Beginning at the East Quarter Corner
E1/4 Cor) of Section 22 and considering the North line of said Section 22, as
earing South 89°24'41" West, with all other bearings contained herein relative
thereto; thence along said North line 89°24'41" West, a distance of 30.0 feet to
the True Point of Beginning; thence continuing along said North line, South
89°24'41" West, 2636.30 feet to a point on the West line of the Southeast Quarter
i(SE1/4) of said Section 22; thence along said West line, South 00°13'38" East, a
distance of 1703.78 feet; thence along the North right of way line of the L.& W.
Canal the following eight courses and distances:
North 26°13'271 East, 693.25 feet; North 43°56'37" East, 165.17 feet;
North 75°52'54" East, 87.15 feet; South 70°55'01" East, 392.84 feet;
South 77°31'48" East, 332.68 feet; South 85°27'23" East, 163.65 feet;
North 84°13'02" East, 1099.78 feet; North 80°15'26" East, 173.02 feet;
thence North 00°00'00" East, along the West right of way of County Road #33, a
distance of 1041.91 feet to the True Point of Beginning, I
Together with all and singular the bereditamente and appurtenances thereunto belonging, or in anywise appertaining,
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 lea of the first part, either in law or equity, of, in and to the above
bargained premises, with the hereditamente 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 ies
of the first part, for them eel yes, their heirs, executors, and administrators, do covenant, grant,
bargain and agree to and with the said parties of the second part,the survivor of them,their assigns and the heirs and assigns
of such survivor,that at the time of the ensealing and delivery of these presents, 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 hat ve
good right,full power and lawful sot hority to grant,bargain,sell and convey the same in manner and form aforesaid,and that
the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments • d inrumbrances of
whatever kind or nature soever, except General Property taxes for the year 1976, due and
'I payable on January 1, 1979, and except any reservations, restrictions and
easements of record,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of
them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or
to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER
DEFEND.
In Wit eu Whereof, The said part ies of the first part have hereunto set their hand s and
seals the day and year first above written.
Signed, Sealed and Delivered in the Presence of
_...X/.�. .‘-"C:2-4-4-4-44,-----(SEAL)
lli28 u�Ln•414
.li (SEAL)
d/b/a; G & P Enterprises. . . ._. (SEAL)
STATE OF COLORADO, } as. The foregoing instrument was acknowledged before me this seventh _day
County of Weld. 1
of
July . 1978 , by Fred 0. Gibbs and John D. Pearson, d/b/a/ la r.
G & P Enterprises -
Witness My Hand and Official Seal.My Commission Expires - ----- —May �7s 1980, `Notary Public
wa.
Mailing Address for Delmar G. Johnson Route 3r_ Box 177, Eaton, Colorado 80615
Future Tax Notices_. _ _.. _. __ _ - - --- - - - - - - --- ---
I
WARRANTY DEED TO JOINT TENANTS—Tin C F Homn'L co,. DENVER COLO.—SPECIAL
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LEGAL DESCRIPTIC ',/-JL / . (7
CASE 140. / ';/iii'
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50
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON — IRRIGATED
1 / le i
el
ux
mEmORAnDUM
WilkTo Planning Commission Date January 25 , 1979
COLORADO From Gilman E . Olson , Utility-Subdivision Administrator
subject: Delmar G . Johnson ( L . S . V . )
There are no engineering problems anticipated by this
request .
Any new access will need to prior approval .
G intl O n
Utility-Subdivision Administrator
�2;2►25 Co rL,Lr.„
(1/1.
JAN1919
RECE►VE0 ,R\
G tld9 toont! w
�,
6$\
?bast Com�ission
`��El Zl ll Ol
N.%."-e tt-k-_r_
f_( VC.,
Uri ,1; ,1;i;11 I,I 1 HI I'IiANNING :;I I;VICI
PHONE 1303 1 3564000 EXT.401
915 101 11 STREI I
GREELEY,COLORADO 80631
a 3 sji A* O
CASE PLUMBER LSV-82
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Delmar G. Johnson
Enclosed is an application from
for a Lot Size Variance
Pt . SEa Section 22, T7N, R66W
The parcel of land is described as
The location of the parcel of land for which this application has been
1-1/2 miles southwest of the Town of Ault
submitted is •
This item is submitted to your office for review and recommendations .
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests ,
we would appreicate a written reply to include in our files , or check
the box at the bottom of this page and return it to us . We would like
February 8, 1979
to receive your comments by
so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your help and
,�2293031,
cooperation in this matter . ct)
r
JAN 1979s�ECEIVEp•
Weld:::
Assistant Zoning A inistrato t
p,°e1,e��elatbe �
�j( We hay reviewed t e {req �Ct L c�uest and find no conflict with o erests .
Signed YYtt nn If Date . . � ) /7 7 9
o
Agency Acrd lo,,,_,,4 �Q_Ci/W �ct+
T
FIELD CHECK
FILING NUMBER: LSV-82 _ DATE OF INSPECTION: 1/26/79
NAME: Delmar G. Johnson
REQUEST: Lot Size Variance
LEGAL DESCRIPTION: Pt . SEA Section 22 , T7N, R66W
LAND USE : N Agricultural
E Agricultural
S Agricultural
w Agricultural
ZONING: N Agricultural
LOCATION: 1-1/2 miles southwest E Agricultural
of the Town of Ault S Agricultural
W Agricultural
COMMENTS:
There is one existing residence and outbuildings on the parse]
Access to the residence exists from County Road 33. There are 4
residences in the immediate vicinity. Said property appears to be —.
level , irrigated farmland. A ditch forms the south boundary of the
property. There is also a building which appears to have been farm
labor housing on Lot B. The building appears to be unoccupied and
in state of disrepair.
BY: �lrl - Yc1-ar
KOCHENBURGER 8 SMITH
ATTORNEYS AT LAW TELEPHONE
JOHN E.KOCHENBURGER
KELSEY J. SMITH 215 WEST OAK STREET,SUITE 204 AREA CODE 303
DARRYL L.FARRINGTON
FORT COLLINS,COLORADO 80521 482-4477
February 7, 1979
County of Weld
Weld County Courthouse
P. 0. Box 789
Greeley, CO 80631
RE: Delmar Johnson - Larimer and Weld
Reservoir and Canal Company
Gentlemen:
We have been advised that Mr. 7?elmar Johnson has requested that you grant him
permission to subdivide a parcel of land along the canal belonging to the
Larimer and Weld Irrigation Company. We have certain concerns in regard to
this matter and ask your assistance.
Before the land is subdivided, we would ask that the easements and rights-of-
way for the operation and maintenance of the canal be recognized. We normally
request that the subdivider convey to the irrigating company a strip of land
which is 20 feet from the outermost bank of the ditch or to the fence if there
be one, whichever is greater. We have asked that this be conveyed to the com-
pany so that there be no questions as to the ownership and use of the parcel
of ground. Normally in the event of any subdivision, we find that the rights-
of-way are not used and should not be used and therefore a conveyance gives the
greatest assurance. Our experience in the past is that rights of easements
and rights-of-way which are oftentimes interpreted by the Court to be a joint
easement or right-of-way gives rise to the installation of utilities and the
like along the canal. This creates a great deal of problem, particularly when
the utility company installs boxes and other types of structures.
We would ask that no drainage be placed into the canal without the appropriate
studies of both the canal and the volumes of drainage. This company is con-
cerned over the imposition of storm drainage water into the canal without ade-
quate provision for the ultimate disposition of the water. Particularly in
Larimer County where we find a large number of subdivisions along the canal,
it has become quite apparent that the canal will be unable to handle the water.
We are attempting to consider the problem before it becomes critical.
We would ask that no subdivision be made over the facilities of the irrigating
company. The reason for this is that if a plat is designed so as to include
the properties of the company, a subsequent purchaser (particularly if he is
4'
February 7, 1979
Page Two
not sophisticated in the ways of irrigation) will assume some type of ownership
in the area and the problems then become insurmountable.
We would ask that the subdivision plat clearly recognize that there will be
seepage from the canal and that if a basement is built or foundation constructed,
seepage could very well encroach upon the house. We feel that it is incumbent
that a buyer of the lot be fully advised of the possibility of seepage. Again,
if the lot buyer is unfamiliar with irrigation practices, he could very well
purchase the land when the ditch is dry and construct his basement and not have
the seepage problem until it is too late. For this reason we ask that full
disclosure be made in the subdivision plat.
Any approval, consent or cooperation we might give would certainly not imply
that we are in any manner permitting the subdivider or the subsequent lot
purchasers to use any of the assets, including the waters, of the company. It
is always quite a temptation to try to figure out a way to use the irrigating
ditch water for the watering of lawns, but we cannot permit this.
If you have any questions concerning this , please feel free to call me or call
the irrigation company in Eaton.
Respeyct$ully yours,
Jdhn E. Kdch urger
By:Kelsey J. Smith, Partner
JEK/vm
k5678,
FEB 1979
RECEIVED \"{
co Wald Canty L.L
c-
69,
'
�, Manning Caminninn
�s)tCFZZ2�Z�������
111 1 ul LI/ANNINU H RVlrI
PI IONE 13031 3564000 EXT 4U1
015101H STREi 1
+►!� GREELEY,COLORADO 80631
O
CASE NUMBER LSV-82
cy s
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Delmar G. Johnson
for a Lot Size Variance
The parcel of land is described as Pt . SEA Section 22, T7N, R66W
The location of the parcel of land for which this application has been
submitted is 1-1/2 miles southwest of the Town of Ault
This item is submitted to your office for review and recommendations .
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests,
we would appreicate a written reply to include in our files , or check
the box at the bottom of this page and return it to us . We would like
to receive your comments by February 8, 1979 so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your h '(//7N
cooperation in this matter . >�,
FEB ,is -5',
RECely,
• Weld Comely
Weeeie%COAflief►�
Assistant Zoning A inistrato c4bcitCalk
DO We have reviewed the request and find no conflict with our interests.
Signed.. f1Q . �4 �� Date 7,4 /,; /C{ `77
Agency, 1K'1 624naau{4
C
1
) Is);Is ,a Imo x1.404
X115 IU1118111U I
dn l-.I.11',COI ()HAD() }3GG3I
COLORADO
May 28 , 1978
Delmar Johnson
21150 WCR 76
Eaton , CO 80615 l�
RE : 60 Acres pt SE4 Sec 22-7-66 N. of L & W Canal
•
Dear Delmar :
After consulting with the Zoning Administrator , Tom Honn, we 'C.%
have determined that a new residence could be built on the
above described property by exchanging existing square footage
of residential structures for new square footage--specifically,
we could exchange the existing labor house and the single bed-
room house for a new residence. The existing residential
structures would have to be removed or torn down within 30 days
of occupancy of the new residence .
Should the new residence greatly exceed the square footage of
the existing residences, you would be required to obtain
approval of a Conditional Use Permit by the Weld County Planning
Commission and the Board of County Commissioners.
If we can be of further assistance, please do not hesitate
to call .
Respectfully,
Robert: C. Adams
Zoning Inspector
RCA : kmh
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