Loading...
HomeMy WebLinkAbout780758.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 347 - ROBERT DUCKWORTH 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, it has been determined by the Board of County Commissioners of Weld County, Colorado, at a public hearing held on the 1st day of November, 1978 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of a certain parcel of land, as shown on the plat known as Recorded Exemption number 347, being the property of Robert Duckworth, described as part of the Northeast Quarter of Section 16, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: A tract of land located in the South one-half of the Northeast one-quarter of Section 16, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, being more parti- cularly described as follows: Beginning at a point on the East line of Section 16 whence the East one-quarter corner of said Section 16 bears South 00°20'00" West 472.00 feet; thence North 90°00'00" West 198.00 feet; thence South 00°20'00" West 142.00 feet; thence North 90°00'00" West 494.98 feet; thence South 00°20'00" West 330.00 feet to the South line of the North- east quarter of said Section 16; thence North 90°00'00" West 1940.84 feet to the Southwest corner of said Northeast one-quarter of Section 16; thence North 00°18'25" West 1327.91 feet to the Northwest corner of the South one-half of the Northeast one-quarter of said Section 16; thence North 89°45'40" East 1324.40 feet to the North- east corner of the Southwest one-quarter of said Northeast one-quarter of Section 16; thence along the East line of said Southwest one-quarter of the Northeast one-quarter South 00°01'00" West 148.10 feet; thence North 89°45'40" East 580.54 feet; thence South 00°05'00" East 40.00 feet; thence North 89°45'40" East 742.71 feet to the East line of said Northeast one-quarter of Section 16; thence South 00°20'00" West 678.82 feet to the point of beginning, containing 69.772 acres more or less. does not come within the purview of the definition of the terms, "subdivision" and "subdivided land, " pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and 4., rtle4 780758 WHEREAS, the Board of County Commissioners of Weld County, Colorado, finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definition of "subdivision" and "subdivided land" pur- suant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-1A (3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the hereinabove described parcel of land owned by Robert Duckworth, be and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of November, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD CO NTY, COLORADO 4 _ � . iZK4r/o) ` , /i / le d _ LA.,.. 6 --1-2 h- .4 -4 � O . '^-eC.._ (No)%DiATTEST: al Weld County Clerk and Recorder and Clerk to the Board By. /ic.,CL.. n �r>L YI Deputy County Clerk APPRO AS TO FO • <. County Attorney Date Presented: November 6 , 1978 RECORDED EXEMPTION NO. 1313-16 - I-RE 347 . N1/4 COR. NE COR. fr NE COR. SW I/4, NE I/4, N89°45'40'E/\ 1324.40 SOCR01'00°W V / 148.101 NW COR. S00°OSOCj'E SWI/4, NEI/4. 40.00' - N89'°45' 40'E 580.54' S Ne94T5'TVE- —j� _ _ _ _Tit.71 _ _T_ 30' 60' INGRESS S EGRESS1 1 AND ROAD PURPOSES EASEMENT. N. CO m RECD 1629063 m N r of to M ix, LOT IBI o LOT IAI 3 g w 13. 267 AC. of 56 . 505 AC. N900W00"W QI ° m 198.00' I o 3 -toS 00°20'00'W \ I co N 142.001%-...„Ns....... m ° �3C w /3.74 N90°00'00" W z 494 . 98' O O -----...S00°2000'W I N 330.00' 1 7 COUNTY ROAD 20%2 _ J __ — CTR. SEC v \ N90°00'00'W 1940. 84' 1 693.00' E I COF 16 TOTAL ACRES : 69 .772 AC. ROBERT D. & EVA M. DUCKWORTH 2719 WELD CO. RD. 20 %2 LONGMONT, COLORADO 1 LEGEND p - PIN SET • - PIN FOUND A - SECTION COR. FD. .3C- 1F 1 - ZONE A C SCALE' A • 11_ 3001 a . k • . 1) ••• S--- 1 1/ LDT B / _ • \/) NI/ OTA // SCALE! /r/ I"= 2000' CO. RD. 201/21 i6 \ If II N I LOCATION MAP SHEET I OF 2 - ---- - - 178 - 1810 9/21/78 - RECORDED cXEMPTION NO. 1:A3-16 -I- RE 347 LEGAL DESCRIPTION: A tract of land located in the South one-half of the Northeast one-quarter of Section 16 , T2N , R68W of the 6th P .M. , Weld County, Colorado, being more particularly de- scribed as follows : Beginning at a point on the East line of Section 16 whence the East one-quarter corner of said Section 16 bears South 00° 20 ' 00" West 472 .00 feet ; thence North 90° 00 ' 00" West 198.00 feet ; thence South 00° 20' 00" West 142 .00 feet ; thence North 90° 00 ' 00 ' West 494.98 feet ; thence South 00° 20 ' 00' West 330 .00 feet to the South line of the Northeast quarter of said Section 161 thence North 90° 00' 00 ' West 1940.84 feet to the Southwest corner of said Northeast one-quarter of Sec- tion 16; thence North 00° 18' 25" West 1327.91 feet to the Northwest corner of the South one-half of the Northeast one-quarter of said Section 16; thence North 89° 45 ' 40 East 1324.40 feet to the Northeast corner of the Southwest one-quarter of said Northeast one-quarter of Section 16; thence along the East line of said Southwest one-quarter of the Northeast one-quarter South 00° 01 ' 00" West 148. 10 feet ; thence North 89° 45 ' 40" East 580.54 feet ; thence South 00° 05 ' 00'' East 40.00 feet; thence North 89° 45 ' 40" East 742 . 71 feet to the East line of said Northeast one-quarter of Section 16; thence South 00° 20 ' 00" Hest 678. 82 feet to the point of beginning, containing 69. 772 acres more or less. SURVEYOR ' S CERTIFICATE .06 4 Rosa, I hereby certify that this plat was prepared under my supervisionlee% r d 1 t * the sam, is cc0rrect tolthe best of my knowledge and belief. 1 ,(� vice.. oQ' donald W. Adams ,Colorado L. S. No. 13446 �� � I'� 7�e1'0 sure' QO ial3 o P O f a. We, Robert D. Duckworth and Eva M. Duckworth, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. Robert D. Duckworth Eva M. Duckworth The foregoing certification was acknowledged before me this - � day of .. A. D. , 197 . My Commission. Expires : 'I iv ) i Notary Public C F ,' ,:. ° _ ce I° k, - i Witness My Hand and Seal The accomp yinq plat is accepted and approved for filing. CHI\IR11 0 THE BOARD OF COUNTY COMMISSIONERS 7k, ATTEST: County Ser?±.4"444111 CClleerrkkI �' '.'/ 1 .w'. t `` BYnc._..ra4./✓ Date y/ (_Ld /fr a44 SHEET 2 OF 2 I78- 1810 9/21/78 DEPARTMENT OF PLANNING SERVICES PHONE 13031 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 "ligC. COLORADO November 1 , 1978 Board of County Commissioners 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #347 Dear Commissioners : The attached application, plat , and related items are in reference to a request by Robert Duckworth for a recorded exemption. The property under consideration is described as Pt . NE* Section 16 , T2N, R68W of the 6th P.M. , Weld County, Colorado. This property is located immediately northwest of the unincorporated Town of Rinn and one mile west and one and one half miles south of Del Camino. The property contains approximately 69. 7 acres of Class III , IV and VI irrigated soils. The request is to split the property into parcels of 13 . 267 acres and 56. 505 acres. On August 21 , 1978, the Board of County Commissioners approved a request by Robert Duckworth for a lot size variance so he could make application for this recorded exemption. At the time they made the decision on that request , the Department of Planning Services Staff submitted a letter of recommendation to the Board. A copy of that letter of recommendation is included in the attached packet . Nothing has been received by our office which would change our recommendation of denial for this request as outlined in the letter to the Board of County Commissioners dated August 21 , 1978. R spo tfully, Thomas E. Honn Zoning Administrator TEH/csd APPL ,ATION FOR RECORDED EXEMPT, PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street, Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . APPL . FEE ZONING DISTRICT RECORDING FEE DATE RECEIPT NO . APPL . CHECKED BY TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : SEE ATTACHED ACREAGE : Lot "A" 13.267 ; Lot "B" 56,505_ ; Total 6.172 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Are there any existing improvements on Lot A? Yes No x Lot B? Yes rX No FEE OWNERS OF PROPERTY : Name: LZobert ;Lva Duckworth Addressp779 Lea c tt 2,A Phone •, Name: Address T nnr�# (;nl�-, Phone ' (�-7`�:Jf� Name: Address 'Phone WATER SOURCE FOR: Lot "A" Loft Hand '.later; Lot " B" Left Hand WatkIr TYPE OF SEWER FOR: Lot "A" aeotc ; Lot " B" Septic PROPOSED USE FOR : Lot "A" ; Lot "B" Ariculture I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) i STATE OF COLORADO ) Signature : Ow er or Authorized Agent Subscribed and sworn to before me this 8 - day of , 19 S F A L ���_ _- otary Publ • 1g1O11?/07 co MyCommissio ::: N 64, vit/ CO • • J k L'5 ,i„ {' , ,.s.-..< ... ;, i, ,w -of y , ,+-� -:" fi` k , 7 r �, r• •�'`�' P n, rri, —�. f j 4 Pit" = h rho r ti. '' wE5_w :.. xx,, : ".t ap 4,f,7...... ice + ,+ l • • �y yT i ( a i f F �l' ,er�«_ �i F _ -• `4\Y,{ t M1 A. - +� '(,S 1i 91 i TA^M J�'" f k. f 1 f .� 3E �"Y ( fF R:.n. .. 5 }ty 1 +_c"..TL'j.. F� .. d#1 r= k- �,y d r r• + �- _ -*" ..r, ,r -aww.y^a w r �� .'c 1' S 4:-'1.:�r F • ' A„• !� jS., C s 1 " r ♦ 2, fir' j P` S4 r y ` ° xu, , `tw. u • t ry�i•N • 4 t� 1 f r 1 [ ry P L ! n^ i 1 ( W �, X wSl �A tk ♦ i 42, iT� 9 'IM E yG`. f F t. • ' e r r al :tit. • ..`.«. , sn t:...§ � � � ''C`? w+� � • � M I. IR�^��M 5€,.j Kr�+ r�. � ln�l • • . Y :racr a' '#, x zw a 1 r t ' ,., • ^`�'w � `{ xH "` ° "� , , : ,:44 14, c"1 K 1 v6e 4 a r- '- a•--fr. y ♦ 3 ' `"L 54 F t 1 f �.�. ' eM3`: lea ' R'" M1 • . p "a - :`. { >4` "Y44_f M # 3�i # "� ?E u •# U 4t--,..!',..4„--t,S e ' _r h. 3Biryrn wRlL R fi Ni: 88 tf Iyt_ i` Ikad *,._ 'j { +` � n r r {i �� i 0 t I 1. t pX f4 k` , ' r � �phy 2 m M J S ]7 : YP a ^Rv # h 't .` , � * i, '' wt r, 'af"' gg w' { j� ''1. ♦i '.j ♦ yJ�.C.'y;' ry "4q �Me4jp%.M' f k. e ,z, �z 1 6 tc } � ' pgu. § ,N+t� r,.: :, ,}f• ` P ,.°r -4 - -Fkt; A [ti „ - -P 4, '-k4. . ,. : tl- l g-r,�-toz Itccc^.t!en No.......9 s;: L,� I•� , .�'rin Rcrozder. r� lilt 4 II...ecorccd at ( ..,o'clock LI., tint, i. 0 b. 05 ' RECORD^:1'9 STAMP THIS DEED, Made this 1St day el ,I'11Y 1.9 75bctween n. Paul C. Blank and Ruth E. Blank -i_ ,-c so Citric I)cctz emery Fc JUL 1013y 1 ,. Dwo. of the County of Weld and State of i• 16— • 7,J r Colorado,of the first part,and ----I' O , • , Robert D. Duckworth and Eva M. Duckworth 0 of the said County field and State of Colorado, of the second part: '1 WITNESSETII, that the said part i es of the first part,for and in consideration of the sum of 0 4.- Lu EIGHTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS, r -O r_ N •t to the said part i es of the first part in hand paid by the said parties of the second part, the receipt whereof is o w hereby confessed and acknowledged, ha ve granted, bargainedl, sold and conveyed, and by these presents do O 2 ,I grant, bargain, sell, convey and confirm unto the said parties of the second part,their heirs and assigns forever, not O o in tenancy in common but in joint tenancy, all the following described lot or parcel of land,situate,lying and - I p being in the said County of Weld and State of Colorado,to wit: V In The SWa of the NE; , the N'2 of the SEa of the NE;, the Na of the 51 of the I^ '- 6 It SEa of the NEq, and that part of the 51 of the S1 of the SEa of the NE4 r,74 0 0 described as follows: Beginning at the Southwest corner of the said SE; of the r'1 F. NE 4, thence'East 38 rods, thence North 20 rods, thence West 38 rods, thence =-a - 1 South 20 rods to the place of beginning; all in Section 16, Township 2 North, f• of Range 68 West of the 6th P.M. , in Weld County, Colorado. Except the North Half of the North 9 acres of the SE, of the NE%, of said Section 16, as conveyed by deed recorded in Book 939, Page 53, Weld County Record-. Except parcels of land as conveyed by Deeds recorded in Book 1008, Page 116, and under Reception No. 1629063 in Book 707, Weld County Records, but together with a 30 foot non-exclusive easement for ingress and egress and road purposes as kk reserved unto Paul C. Blank and Ruth E. 'Blank in said instrument *** see attache h sheet P° TOGETHER with all and singular the hercd'taments and appurtenances thereunto belonging, or in anywise r-- appertaining, 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 es of the first part, either in law or N equity, of, in and to the above bargained premises, with the hereditamenta and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the saidIn parties of the second part, their heirs and assigns forever. And the said part ICS 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, their heirs and assigns; that at the time of the ensealing and delivery of these pres- ents 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 ha ve good right, full power and lawful authority to grant, bar- t• gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former I. and other grants, bargain's, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever. t except the taxes for 1975 and subsequent years which by reason of adjustment the grantees assume and agree to pay and subject to easements, reservations, restricti1nst, 'i nil ivhts-of-i' f recnrd,_rjsf ,jny;oil and gas lease recorded on April 21 , 1972 it l UiJ� LL.s5 ab5 P .s;•�p i }nl! I,i]. ILu S1u. am tau rnwve, argalo.•> premises m the gmct and peaceable possession of the said parties of the second part, their L heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thererf, il Yt+ the said part 1 es of the first part shall and will WARRANT AND FOREVER DEFEND. �. i IN WITNESS WHEREOF the raid parti es of the first's-afart hV e hereuni seflie r hand 5 and F` ,, seal $ the day and year first above written. C > t. r' !I f 6? *7 ,ter /— , • I Signed,Sealed and Delivered in the Presence of �r�-'d(- t... ...2[SEAL] - Paul C. Blank 7 /.s- cHet./ !. `LI/.Y' ..E./ [SEAL] Ruth E. Blank • II li � STATE OF COLORADO I [SEAL] y � , It's.�i Cou.,ty ofBoulder Ps— () I The foregoing instrument was acknowledged before me this 1St dan.,r ,111 19 7rby t(ti :::••,. y(r Paul C. Blank and Ruth E. Blank at,... •-- J jsa;' •G My commissio•,expires August 7 , £57 . Witness my hand and of.....4z] c.d. /' / � '•r,r - •;0% V— — • No.$21. TIA1l2AtiTr D:Da To Joint Ter.mts.--Drndford ru:luhIng co.,18:1-Is Stout Strict,Dcn,er,Cdorndo(4Th.,ell)-7.78 • • *** continued dcscriptielL - ' • . rccerdcd in Deck 707 •at Reception Co. 162 :33, Weld County Records. ' County of Weld, State of Colorado. •• Together with 20 (Monty) Units of Dig !=psen Water District water and together with 1 (One) Share Smith and Emmons water. and 1 (One) Share Gadding Ditch water. Containing 69.7 acres more or less. • • • ' r I t • r ..,. ,...,q,�1Y,,.TA,,,,,,, .....�,.�........�,.�...,..,.,.... Oct. 11, 1970 OCT `1 : Department of planning �915 10th street eld CortntygCommissio1 'Greeley, Cclo. , 6J� Lv De r $irs: `?LZ 9Z52'o On August 21, 1978 the Board of Count, commissioners granted me a lot size variance. I am now reauestinc a recorded exemption on this property. We have 69.7 irrigated acres and want to sell off 13.267 acres for a building site. This property is bordered by four homes on sites of five acres or less, and would make an excellent building site for someone needing a small acra e for horses etc. The soil on our place is type 1.}.w and 6 w. Current land prices coupled with farm income the past few years, do not justify strictly agriculture use for land of this tpe. Our income off the farm the past three years has averaged about one third of our payments. This has created a financial burden making it necessary for me to make this request. There is gas, water and electricity in the road. Enclosed please find my ap lication for a recorded exemption, along with all necessary inf'ormr.tion, as spelled out in the procedural guide suppled by the Department of planning. I em also enclosing a copy of my receipt for a water tap pur- chased for lot "A". When I picked up the procedural ;;aide at your office, it was suggested to me that a latter clarif,,in the flood plain area would be helpful. My surveyor indicated this would cost several hundred dollars, so I am enclosing a copy showing the grade of the land sa onlied .:y him. As I compare this chart with the flood , lain map supplied b'' you, it indicates that it would be out of the flood plain. I would also, call your attention bathe entry on the " certificate of conveyance." The :.:reaious owner of our ;:lace discovered then he had it surveyed the the property line ran thrcu;_h r neighbors garage. He then sold the neighbor a strip of ground forty feet wide, so his ground wo"ld include his garage and a right of way for road pur loses, giving him ingress and egress to the bacx or his property. £respectfully robert Duckworth ROCKY MOUNTAIN CONSULTANTS •INC • October 5, 1978 Robert D. Duckworth and Eva M. Duckworth 2719 Weld County Road #20-1/2 Longmont, Colorado 80501 To Whom It May Concern : I hereby certify that on September 13, 1978 a survey was made under my direct super- vision of that portion of the South one-half of the Northeast one-quarter of Section 16, T2N, R68W of the 6th P.M. Weld County, Colorado and found that the gr eVatjon across Lot A is as shown below. p� „P • 64%1.1, ROCKY MOUNTAIN CONSULTANTS , I ; ' a• i J1I 1* Ronald W. Adams = J. R2, #13446 ts� f ✓/ %,12.- •' ;URye 0.CL NOPKo% I� LocgT/oN LoT-Ai r-'"¢ Ro�.or7 ti--- x-SECT, i'we7T I-)00e OF 5 e/(o' - Ec.6vonom I lee € II, 93 Z"X'ST/vv ' 6Rau Ai,o \ N _� - \go E= I 1 I 9a / cg /2 // /0 7 g 7 c y 2 / o yok/r. S-7iON / e - it .Oi7. S / srA. Longmont Office: 647 17th Avenue Longmont, Colorado 80501 phone 772-5282 (metro) 665-6283 / Denver Office: 8000 East Girard Suite 616 Denver, Colorado 80231 phone 750-9123 or 750-9278 V RECEIPT D to . .1 / _19 I)t)0Li '. � , <7 Received From ' t�-• �-�-2i ��,-r 'j.t-•-� 2 Address ACCOUNT HOW PAID ~� __- .� _ r I AMT OF CASH ...-- -�- — — �.1 ACCOUNT _ • i �,i AMT. PAM b+ECK /�G ` pp \\} ! I:-r i j DitaKiE_• u+ON£Y + O yip,_ ....•. . . (. ..l t• ...- -. _ •. U++T t CopLR - ..._.. EK808 p'°1"" • I,EVI` IIANI) WATER SUPPLY COMPANY . yo""`"• Box U �iwct. Colorado 2,05.4 Phone 776-0242 Date August 21 , 1978 Mr. & Mrs. Robert Duckworth 2719 Weld County Road 20i Longmont , Colorado 80501 Your request for Tap Consideration on Left Hand Water Supply Company lines has been reviewed by our engineer. His findings are as follows: XX 1. One tap(K) as requested have been allowed. You are granted 60 days from date of this notice to make formal application or contract or the tap request will be forfeited. Please come in within the 60 day period and make this formal application or contract . Accompany same with your check in the amount of $current membershi► price and -0- shares of (Left Iland ) (Big T) water. The next Board of Directors meeting will be held on September 11 , 1978 , at which time your request will be acted upon. 2. tap(s) as requested have been allowed, subject to the following and/or conditions : The tap will have to be installed on County Road 7. If you wish to meet these requirements or conditions, please advise us. 3. tap( s) as requested have been disallowed for the following reasons: Thank you for your interest in left Hand Water Supply Company, and if you have any furthur quet ions , please call on us. IJ;FT HAND WATER SUPPLY COMPANY e Lu I a co a z z h. a. W Z J J Z re o a Q U. o i a- a H- W a O [ A = CC Z Y— CO O H i H 4 o = 0 cc LL QCO �' ¢ W { CO Q C p u. ill pm F— m � [ a Q O ICC fa. O o W Z OO K gl = O .4.el CI- > N = < a CN LAJ Ca V 2 w WLu ¢ C O�O //„ 0 2 9 W N W C..) O + : Wj�\ f Sill i i • �p N N Mnj N N 6 OH AJ NnOm � J r LB milieu s n 8 5Z 31n0H 31V16Hm1Nl N visa Nh--- Lrz-ib '�I I z M ,ice d6 z e II V o• • A II c= L OH uNnoD 1 l I % \ ( 1 *•:1 ( 41 0 WCC or .-- V— O aougns, Q N y O .1.? Q ° II I I J'� C 7—::: II I 17,,\_______7 •.`\ —1I 6 ow ALNnO] \.......1i c C � � F` b RI N l M m A` \`\ 7 r O�i7 t . 6�A / r i \�\ 4.B OH A1Nn0J 1 /\\\ N„„ Q . . . a v W a - O :. z O lT o ¢ #J�z Q \\\ 00. 0 Q Q�g �'1 Qcn U .03:::: :::',.. . W \ s O � o n M W fio O CC / CO IN Q a i N D g GQ o o r= • �� jr s pn z � ua 0, w 3 __ c O r G�t ::;?;-:1::./' :' arb � —I-Ill. Nrcinon __ i —7-----61.s � tiCi ea 71 --\( I! IlL ___ a ' • J frTh • Lu, 1 ! snu ill)!, ahij1 • • " , 197C Board of County Commissioners Weld County , Colorado 915 - L )th Street Greeley , CO 65631 RE : Lot 51z Variance ?`70 Dear CormaissionerH : The attached let ter and related items are in reference lo i_ eu .:(.::t by 1i-•. Robert Luckuorth for a lot size variance. Thy property on which this request has been .ade is do- scrihi d us Pt . Section 1Hi , '1 . .6SlW of Llr) 6th P.M. , Weld County , Colorado . This property is located immedi- ately northwest of itinn and 1 :mile crest and L, mile, south oil Del C .niino . The property contains approximately (19. 7 acres f Class III , IV and VI irrigated soils . The request is to ui, , ain a variance from in,: minimum lot size rcuuire- m •ut , Secl : on a--1 A . (G ) , so that he may make application to ah;, ir for a recorded exemption . Section 9-4 A. (6) of the '1V ;ltt County Subdivision Regulations states : "That the original tract or parcel of land to be divided under this section meets the minimum lot size requirement established by the Weld County Zoning Resolution ; variance fron this require- • metit being allowed only upon good cause being ,,Sown to the Board of (County Commissioners OP where said I ,•uc i or parcel of land lies within the Comprehensive clan area of an existing in- corporated town of Weld County (Revised 1-17-71 ) . " If this lot size variance is granted, Mr . Duckworth will proceed with his application for a recorded- exemption to divide the property into parcels of approximately 14 acres and 55 . 7 acres . An proposed , the 35 . 7 acre parcel would contain an existing set of improvements and the 14 acres would be conveyed as a new residential site. Ft I',,>arll of County ...Nis ieners Aligns! 21 , 1 :'';>; LSV-70 Page 2 The following information is eihmiLted to aid the Hoard in reaching a decision ou this reque ,t . ,1r . Duckworth was before the hoard in August of M377 at which time the .;card denied his rcgacst for a lot size variance on this property. At that timdc , the request tints to split off 25 acres from the 69 . 7 sore parcel . Another change Iron. the previous request is that. the Soil Conservation Servic., ' s Soil Classifications are Ali I' fort•u,• l. than originally presented LY tie Stafi' in August , 3117. The Stuff indicated the property contained Class 1 , I1 , III and IV irrigated soils . As; . entioned above , the present Soli Conservation Service ' s classifications are Class III , IV and VI irrigated soils . Included in the attached mate.'iais is a letter from the La..;nont Soil Conservation District indicating the results of their review of this request . based apo : the information subm:i.trod and tlio adopted policies in LIc County , the Drop :hair':: L of Planning Services Staff recommends the rug be denied for the following reasons : L . Thu proposed request does not comply with the weld County Compreits: tsi.ve Plan because it would promote non-agricul- 1are risen : nI-rice l tuna 1 laid and it woul .t encourage urban oncroacilment on ru a I land use .. 2 . Tills request is not in ceuformanac with the intent clause at the Agricultural Zone District (Section 3 . 3 '1. of the Weld County 'sonic, Resolution) which states : "Intent - the intent in establishing the A-Agricultural Zone District is to allow all ahricultural related • use in those areas in which agriculture is and should continue to he in c predominant land use . fh1S district is intended disciuraga encao_ ch ;: L of incoiunati-blce uses upon the agricultural land i'n a district , id lcitnrage aricu;ltural uses as the . iciest and heat use or the land in the district as comuarc;i with other uses in conflict therewith, and to provide for the ors' • r � Y expansion of urban growth in co::lormance with the Weld County Comprehensive Plan. " This request would not be encour:,ginsg agricultural uses is the and best T15O5 , i t tv,.a hl not be providing for the orderly' expansion of prim growth , and it would lit promoting the clam ision of ntiricultural land into smaller , less economic parcel sizes. V heard r Cpunu y .,ommissioneI:s 1ugusI. 21 , 1.978 • 1, ;,e 3 a . 1'!115 request, 1H not in compliance with the 111t it. c' allne of uli: ilucordod 11,c c:pl iorl procedure (Section 0-2 of the Weld County Subdi ision Regulations ) . Said clause states : "The in , c'Lt in 'establishing the recorded exrnni: tion 'u'ocedare is . . provis in accordance with the Weld County Comprehensive Plan , a. ,weans whereby nonproductive ac;ric• .. 11:ural lauds may be divided for __ „her and :r,ore productive uses insofar as s!iC.l uses are compatible with . :rr(1115(iin,.2T agri- cultural Lsl s lu ;',runs shera such land divisions are i;,'oposud (Revised 4-17-74 ) . - ?he proposed l'1 acre par( ( ' hus no improvements . If this request is approved . it '.would allow a set of improvements to he built en tin? L4 acre parcel , and therefore , cre;. te an urban ,ncroach:uent which would be non-compatible with the Agricultural District . 4 . The l ili nimimi, lot size in the Agricultural Zone District Ion irrir;: ced arenls is 80 aoia*s . The intent is to Inaialain tracts i hat are anough for farm pilrposes one! H; assist in the en(ai i.u_gement of agricultural us s .?f. it cheat and hest use of the land. This ]'_'guest (cc, , not agree with that intent . 5 . This request does not coaply with S':ction 9-4 A . ( 0) of tii_' Weld County ;.nbdivision Regulations . The *proposed property/ lies within a flood hazard area as tieFined by the Federal Insurance Administration Flood Hazard Boundary ir080266-0034A dated V'arch 21 , 1978 . R ;i;: i. t ;l iv�1 i 1; ( 1 1 �'!/&'/A .'1 ;� / ! L'aC i'hamas l', . Il( Ili Zoning Ado in [s tin V.or 7'1:1l/CAC : l:nui f I .404 34P A8 556 PT NE 4 Sac. I6, 724, R 68 W 34 AB L--, LEV - 110 340.0 34RA8--., 98-AB (J UCK WORTH 3arMe 34 P AB SOIL CLASSIFICATION SOIL -1-1p . 'MR's/nap DRy 3I-1P-AB to W I _ 3a M - 0.a vi w _ 39 AB m. wI a9 I3 - AB Lit w VI w 35 $ IIe Le 4 Pr ‘it yip:, II1.(1v• he)PI M t1G NUMMI:It: L \J a 10 DATEOr INSPECTION : 111.5 NAME: ati1• —_ _Vs or ,.C., REQUEST: \-6 4' ktt.__Al We-\ati-t,e.a LEGAL DESCRIPTION : f4, \)2,4 SD,,fr Kg) 1tt 'v a 2 bbW LAND USE : U YC4v , ,1 I. �� )1k&ea 11 ZONING: N sr‘ c k.k.1 ictciccA LOCAv1ION: _� 4l[smL I; `. "1/2ANL W S it kt, S I. I R% nn Iv ji_ 1 %A1brak COMMENTS : ` 1- \ rat` rp aA*-I l- � A - aa' ii F \_Ts ccess ,b , �1 0-•,..1-0 CoPa � ►.nom._ S - Corte 13Y : 6\1:St," ._ *t di ; 7� r �f1�o1OR11DU1 WilkTo Planning Commission Data July 27 , 1978 COLORADO From Gilman E . Olson , Engineering Department subject: Robert Duckworth , L . S . V . No engineering problems are anticipated by this request . Gilman E . Olson Engineering Department GEO : sar O : s a r - too utS,? 0-1918 u) DWI CY) ? oeMg tot c 0 SIP/El We' • c "-- • el) 11') „r' 1775 MAIN SHILL' I ONGMONT,COLORADO 80501 August 8, 1978 Mr. Chuck Cunliffe, Assistant Zoning Administrator Department of Planning Services 915 10th Street Re: Robert Duckworth Greeley, CO 80631 Lot Size Variance Dear Chuck: The application from Robert Duckworth for a lot size variance has been reviewed and a field investigation made. Following are comments: 1 . The soils are about 75% Aquolls and Aquepts , flooded (34-U) , and 25% Bankard sandy loam, 0-3% slopes (29B-AB) . The Aquoll and Aquept soils are deep, poorly drained soils formed in alluvium. They have an agricultural land use capability of Class VI . The Bankard sandy loams are deep, excessively drained soils on floodplains formed in allu- vium along streams and rivers . They have an irrigated agricultural capability rating of Class IV and a dryland rating of Class VI . 2. The soils are not considered as prime agricultural land. 3. Most of the Aquoll and Aquept soils are subject to excessive runoff. A water table is at, or near the surface in the spring. The Bankard soils are sandy and subject to flooding; • therefore, unsuited for urban development. 4. There are no major irrigation systems involved in the area. 5. The Aquoll and Aquept soils exhibit severe limitations for septic tank absorption fields due to the high content clay in the substratum. The Bankard soils have good qualities for septic systems . 6. Pasture is the best use for these soils. Management of vegetation should be based on taking half and leaving half of the total annual production. Sincerely , 2j- 321.2- r / Robert Schlagel 7"•` b' President ;.n O \I ICY RS: rah G�\ a CONSERVATION - DEVELOPMENT . SELF-GOVERNMENT \�C / CC • Weil County Health ,(/ BOARD OF HEALTH e0 Deportment DAVID WERHING DDS Greeley FRANKLIN D Y0DE R. MD, MPHRAI Director 1516 HOSPI I N. !]OAD WIL PH AA L I Greeley Roqn • GREELEY, COL O14'\ DORIS DEEEKE Greeley (303)751 0'140DONALD HERGERT Wredso, ANNETTE M LOPEZ Greeley HERSCHEL PHELPS. JR M D . Sieellly KATHLEEN SHAUGHNESSY, Tull Augusy 9, 1978 JOE STOCKTON,G,Icresi Gary Fortner, Director Planning & Zoning 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Lot Size Variance requested by Robert Duckworth, has been reviewed by the Environmental Health staff of the Weld County Health Department, and no apparent conflict with state or local health regulations was noted. Sincerely, John G. Hall , M.P.H. ,l Director D`-i// Environmental Health Services JGH:dr 9 10 Oh h 4 v>>? ^d AUG Ig�B .61�, REceiV wer c FD , NaeletGof 4)922 Va2-1' j Hello