HomeMy WebLinkAbout790787.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 424 - ELECTA ISAKSON
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 Com-
missioners of Weld County, Colorado, at a public hearing held
on the 17th day of October, 1979 in the Chambers of the Board
of County Commissioners of Weld County, Colorado, that the divi-
sion into two parcels of land, as shown on the plat known as
Recorded Exemption No. 424, being the property of Electa Isakson,
described as Part of the East Half of the West Half of Section 28 ,
Township 6 North, Range 64 West of the 6th P.M. , Weld County,
Colorado, being more particularly described as follows :
All that part of the East Half of the West Half
of Section 28 , Township 6 North, Range 64 West
of the 6th P.M. , lying North of the right of
way of Union Pacific Railroad, except that par-
cel described as follows :
Beginning at a point on the West line of the
East Half of the West Half of said Section,
whence the West Quarter Corner on the North
line of said Section 28 bears due North 1612
feet;
Thence South 81°26' 00" East, 378. 00 feet;
Thence South 42°31' 00" East 145. 80 feet;
Thence South 22°08 ' 00" East, 322. 00 feet;
Thence South 07°19 ' 00" East, 132. 50 feet;
Thence South 09°45' 00" West, 104 . 20 feet;
Thence South 30°45 ' 00" West, 320. 80 feet;
Thence North 64 °51 ' 00" West, 473. 00 feet;
Thence due North 772. 00 feet to the Point of
Beginning; said excepted parcel containing
10. 2 acres; and the total acreage intended to
be conveyed hereby containing 73. 8 acres ,
more or less; Subject, however, to; That cer-
tain agreement recorded in Book 369, at Page
175 Weld County records and that certain agree-
ment recorded in Book 428 , at Page 131 of Weld
County records.
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
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular division of land is not
790787
within the purposes of the Weld County Subdivision Regulations
and the Board desires to exempt this particular division of land
from the definitions of "subdivision" and "subdivided land"
pursuant to its authority under Section 30-28-101 (10) (d) , CRS
1973, as amended, and Section 2-lA(3) of the Weld County Subdi-
vision Regulations, and
WHEREAS, Electa Isakson has also requested a variance from
Section 9-4A. (7) of the Weld County Subdivision Regulations
which states that the minimum size of any building site, tract
or lot created by the recorded exemption procedure shall not be
less than one (1) acre, except when smaller lot sizes are allowed
in a specific zoning district. The proposed Lot A of the recorded
exemption will be only 0. 932 acres is size, and
WHEREAS, the Board of County Commissioners desires to grant
said variance from Section 9-4A. (7) of the Weld County Subdivi-
sion 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 Electa Isakson 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, and
BE IT FURTHER RESOLVED by the Board of County Commissioners
that a variance from Section 9-4A. (7) of the Weld County Subdi-
vision Regulations be, and hereby is, granted.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
October, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
ATTEST: r ^' / WELD COUNTY, COLORADO
914 County Clerk and Recorder )2 _r- ..,r , (Aye)
nd Clerk to the �'o a Norman Carlson, Chairman
�m
'1317-. ` n,C. cr j� g , 4/�L ye)
' /�eputy County erk Lid Dunbar
APPAB$VED AS T FORM: J`, /t c y (Aye)
// 0 C. W. Kirby �
County AttorneyIG2 att.k _. ,�'�C� (Aye)
Leo rd L. Roe
Ste
mark i4/AYe)
J K. Ste mark
DATE PRESENTED: OCTOBER 22, 1979
'RECORDED EXEMPTIG, . No. O8O1-28-2-RE424
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/979-173
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
WI C.
COLORADO
October 17, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #424
Dear Commissioners:
The attached application, plat and related items are in reference to
a request for a recorded exemption from Ms. Electa Isakson. The pro-
perty is described as Pt . EIWI Section 28, T6N, R64W of the 6th P.M. ,
Weld County, Colorado. This property is located 1/2 mile west of Gill.
The property contains 73.8 acres of Class IV irrigated soils. The re-
quest is to split the property into parcels of approximately 0. 932
acre and 72 . 87 acres.
On August 22 , 1979, the Board of County Commissioners approved a re-
quest by Ms. Isakson for a lot size variance so that she could make
application for this recorded exemption. At the time the Board made
its decision on that request , the Department of Planning Services Staff
submitted a letter of recommendation for approval to the Board. A copy
of that letter of recommendation is included in the attached packet .
Nothing has been received by our office that would change our recom-
mendation for approval for this request as outlined in the letter to
the Board of County Commissioners dated August 22, 1979.
In addition, Ms. Isakson is requesting a variance from Section 9-4A. (7)
of the Weld County Subdivision Regulations which states that the mini-
mum size of any building site, tract or lot created by the recorded
exemption procedure shall not be less than one (1) acre, except when
smaller lot sizes are allowed in a specific zoning district . The pro-
posed Lot A of the recorded exemption will be only 0. 932 acres in size.
The Department of Planning Services Staff recommends approval of the
variance request in that we feel the request is reasonable and within
Board of County Commissioners
Page 2
October 17, 1979
the general purpose and intent of the rules, regulations and standards
established by the Weld County Subdivision Regulations,
Respectfully,
-\tCkw -Cc x. Ar
Vickie Traxler
Assistant Zoning Administrator
csd
ar 'I
DEPARTMENT OF PLANNING SERVICES
PHONE 13031356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
Ji1D .
COLORADO
August 15, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Lot Size Variance #98
Dear Commissioners :
The attached letter and related materials are in reference to a
request for a lot size variance from Mrs. Electa Isakson. The
parcel of land is described as Pt . EIWi Section 28, T6N, R64W of
the 6th P.M. , Weld County, Colorado. This property is located
1/2 mile west of the Town of Gill . The property contains approxi-
mately 73. 8 acres of Class IV irrigated soils. The request is to
obtain a variance from the minimum lot size requirement , Section
9-4A(6) so that Mrs. Isakson may make application for a recorded
exemption.
If thi lot size variance is granted, Mrs . Isakson will proceed
with ari application for a recorded exemption to 'divide the property
into two parcels. Mrs. Isakson' s daughter and son-in-law who are
presently farming the property wish to build a residence on the
smaller parcel . They will continue to operate the agricultural
operation on the larger parcel. The larger parcel presently con-
tains the residence of Mrs. Electa Isakson.
Based upon the information submitted and the adopted policies in
the County, the. Department of Planning Services Staff recommends
the request 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 exemp-
tion 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 the use will be
compatible with surrounding agricultural uses. The request
will allow agricultural and related uses to be the predominant
land use. There will be no reduction in the amount of land
currently being used for agricultural production.
j
Board of County Commissioners
Page 2
' August 15, 1979
2. This request complies with the provisions of 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.
Respectfully,
T
Vickie Traxler
Assistant Zoning Administrator
csd
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . €€,121` APPL . FEE 15. 00
ZONING DISTRICT Pt RECORDING FEEIFt 28 , y_v o
DATE q. ass -1ci RECEIPT NO . 1 083?
APPL . CHECKED BY v,T.
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 legal description"
ACREAGE : Lot "A" 0.932 ; Lot " B" 72.87 ; Total 73.802
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No X
Are there any existing improvements on Lot A? Yes No x
Lot B? Yes x No
FEE OWNERS OF PROPERTY :
Name : Electa E. Isakson Address 26248 Weld County Phone 352-1481
Name : Address Rd. #66 Phone (353.(,300)
Name : Address Greeley. Co 8o631Phone
WATER SOURCE FOR: Lot "A" North Weld Water ; Lot " B" Well
TYPE OF SEWER FOR : Lot "A" None ; Lot " B" Septic
PROPOSED USE FOR : Lot "A" Residential ; Lot " B" Residential & Farm
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 WELD11A
�>
STATE OF COLORADO )
Signature : Owner or uthorized Agent
Subscribed and sworn to before me this /Stt day of e,,Vralat 1929 .
SEAL `ota j �ic
Notary Public
My Comm ssion expires :
a6
September 28, 1979
Weld County Department of Planning So-vices
915 10th Street
Greeley, Colorado 80611
Dear Sirs:
I would like your apprnva.l, for a rr,..orded, exemption to build a new house on a
farm rnr the rnl l owi.n" reasons:
1 . A land. errs "ari.?nee wrs aporotred Aege—t 22, 1.979 by the Cc`ir+;r Commis-ioiers.
P. A lot width variance wee aprroved. September 27. 1979 by the Board or Are"e-t-
ments. They felt the best use of this :-na1.l parcel was for a buildirnr site as
it real l,' isn't ueabl e for ar„rthi nxr else.
3. My wife will, Inherit the farm from her mother, Mrs. Carl Tsakson. Mrs.
Isa.kson's attorney, Mr. Ralph Waldo, stwested that we net the small parcel
split from the farm .so we wo..id not have to pay inheritance taxes on o:m owr
home.
4. The proposed building site is on non—farmable dry land ni'ove an irrlfra_tion
d.tteh.
5. I have farmed this farm the last five year. s and need to be nearer ny farmtr.a
and livesto-k operation.
. . This farm has twenty-five (25) acre feet Big Thompson water anti is good
soil . It has been in the Family for the t►ast sixty-eight years. It i,; our
wish to keep i.t in the family toe.
7. T was born and raised in this area of Weld County and have a great deal.
of re-;sect for this agri.cul tura.l land. T don't want to see thi r 'arm sold,
divided into tracts and the water sold off.
Thank you for your consideration in this matter.
Sincerely,
„ziafzcePF.:z
David. E. Dewee J
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LEGAL DESCRIPTIC ereZait56(12g-6.-609
CASE N0. /es'y2V
Kwi
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON- IRRIGATED
s3- g S / E 2:C-C
REFERRAL LIST
p APPLICANT Ms. Electa Isakson
CASE # RE-424
REFERRALS SENT OUT ON: October 1, 1979
REFERRALS TO BE RECEIVED BY: October 12, 1979
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X UGi H County Attorney Plat Only
OCT10 1919 County Health OCT 1 '1 1979 County Engineer
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RECORDING DATA PS b?LATS
Recorded Exemption x/0801-28-2-RE-424
NAME OF SUBDIVISION _�------------""
Elects ?E. Isakson
NAMF OF SUBDIVIDER Pt of the E - of the 14 of Section 28, township 6 North, Range 64
I,orATION OF SUBDIVISION Hest o£ the 6th P.N 1a North of t__ h_ e-T bSL- wag-°
f 'union
Pacers" ro 1$U'7126
nnTE OF RFCOROINf,
OCT 2 31979 BOOK igia RECEPTION #
MARY ANN FEUERSTEIN
VELD COUITY CLERK AND RECORDER
BY!
DEPUTY COUNTY CLERK A RECORDER
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