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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 /- . -- 79 H . ,7.- r- ,mob / 1 Z. 714-47;&1:4-<1p 7t"; t y� 11/ w y -s>., , y,: .< t� ;7..y., Le" et d •_ i ,. .. o- - `D YL(. r. f [ f l uJ f ,r� r `21y.4.-, rat.,. J„ �t,�6 -O7 '°` ?!-<-is-- r-?f„a'V(.a /(/Ylti",^�d.^�...t,....y G^� � '. .r liffr J I f r( t "1/1-4,--,-- --t '._. Yip .`I' ei (' ," r.. • .,.� • ,e-0-1.--,0F.C.. (t ( AA-n <,- / i�{. `/ 64 el ,C^y,r. "' ../o( " 't/,r F(I . ,,.•,. �.:. (At .. .'C.,-fit O C ..i.,1! ,-4 __Q.v'G"` nn �J't,. 1�,,, l •'� ,l ��� y A( f..t��[ �J' It RH ✓I��iF Af / H� L�✓'�. r r ; - �U ^ ,• 7' 2 \‘5o we-R. '1lO r r P fre4w 454 - 1$115 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� ik / /s/ \ } \ _ 2 ( /! 2 : § • 34.• v § / }9 � \ Mil ! , ! ■! t a,.A | . ! . . z ■ \ %1/4 k vi k % t / ` \ Rd § � • Pe-SA- • \ 2�m� — —p . J .70 �«s� � , / IN }U �/ « w 0 4% D k\ kk t� ' \ & Vt ( \\ . . ! > \� ' to § ;411 ik \} �! % * k ' § $! % 1. k v �! e . 4 § • N. deli/ \ st 4 « \ '' a11. w 5 $§ • / f% q k \ .,- . � ._.I - ._ a z ~ . �� §N ..f� \14 7 - ) * � w \ } / I - 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 • I. { f dddY�v^Iv 111 �t Y t� N • • 1. A ^41F k.n ) i M,�. A• !Y Yp: t Z l *q 1� C $ r� t I rt1I7L`i n 437 xi '�k- yynn}+ �v _ 'hh- hi i; •i'' !X �i - aW;r > I y 1r {y i ' f 'a 45 r.l F ...„4J.4.4-',,.-4',',1 a �l � 1L _ �'< i I AY N it y 'ta } Iii xr - ` '•• • I `b, "� i,: �} :.f 1 a VP. �'Pn ::',;•;I:, a I ' • • • {4R f • ,,,,;"1 ',• rr,. - ter; sae t t i • `.' v., }• ?; ` ' ., / • • I.' i tPI. tX} t i 5� Sj •• 'l""4,1'�• tL 4 �. I' '� �. b♦�4 M it i L I V_t� I, �,�ii • 1 l , ,t 'I,“ 4 a —k ai 9 4}} �s j L �� 1k + ��r ti' L St I kyt`y� P r t a 1u_,i lec5t t..� f 4 t1 a �' f a u o- �°$k .& A ,a 1 p., .7.'"I.T.1 ..;;;.:„.k..:74:1;44,3„4,;...• N9 l 3 x 11, ��t ! IWp1 ,r .:L"•,,, .'ties r t'rx` i. , li"4'• e t I t i19•., "." 11 i r rlu „ �} I 3 J t S �' t `q,a Ili:, iyi c r!. } i 1 11 4X . Y 4 4 h _ �? i;•41',4"..4.-I , i41 d. > i,�3 a„tit f �r I ' C T� f i� N 1, ,>tr1 d� 7 n w f y�r +Y..... x { a 1 iii-.m`I 1 „ i1,1t Iti y X _ s t t R_- �. ys•1 a {e k • s�4 _ it�ylA,yG X - '� "4-144,1. F f 9� ' E L. '�� F II tr `11�"" 1*6 4'-is u' '= ';41,:::! 1$ s 1 ( ..,,,4/47.:, i5n tb i k s � 1-4;!.•4k t I SY •fiXi 'F '' 'r • 4 1' y4 k'.1 II ..i r a. ' Mx ! • ! NV t,.� t# ! LY t :1 F i � lk ttr I,�x: n� .i ;,,.•"2° • L! ^ I ` Id..„y. i - 'I dNw xL IL. d k Fr i �, ovtt :ik3r <r r�^i a 4 c }9 '�tlt y • iryI a 1 � ' tN 1 + RMl 1 .;uy a Ri "g�g � w r 3S SAw rn .).•',.;-..,� '? ' 1 itl yx e 5pR t •:,..h.•• • uv'rn;� n e t 3 0 ( t 9 it° �h mx kAf r. _ r`9 '/q .1113 , �E. 9 !M .„• t rtIYY*^ ' ! k n !4 b +` x x511'" 4, LEGAL DESCRIPTIC ',/-JL / . (7 CASE 140. / ';/iii' V f s 1638 c 50 r4' i 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 Hello