HomeMy WebLinkAbout790887.tiff Recorded of _._.._!.„. ..�. o'clod^._J.M.fEB _l 3 1979
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860 Rec. No. 1781'71.5 d'IA �....Zeetz .�
RES ,Ffj6�oradd'W G eid County Clerk Recorder
er
VLL UU
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 75 - HENRY AND SUSAN
WAGNER.
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 reviewed the request of Henry and Susan Wagner for
an exemption from the definition of "subdivision" and "subdivided
land" in Section 30-29-101 (10) , CRS 1973, as amended, and Section
2-1 of the Weld County Subdivision Regulations , and
WHEREAS, the Board of County Commissioners finds that Henry
and Susan Wagner are owners of a parcel of land in part of the
Southeast Quarter of Section 30 , Township 5 North, Range 66 West
of the 6th P.M. , Weld County, Colorado being more particularly
described as follows:
Part of the Southeast Quarter of Section 30, Township
5 North, Range 66 West of the 6th P.M. , County of Weld,
State of Colorado, being more particularly described as
follows:
Beginning at the Southeast Corner of said Section 30,
and considering the Fast Line of said Southeast Quar-
ter as bearing North 00°00'00" East, with all other
bearings contained herein relative thereto;
Thence North 00°00'00" East, along said East line,
1181.75 to the True Point of Beginning;
Thence North 65°32'15" West, 569.70 feet;
Thence North 71°54'41" West, 228.09 feet;
Thence North 01°18'31" Fast, 21.93 feet;
Thence continuing North 01°18'31" Fast, 175.84 feet;
Thence North 90°00'00" East, 730.86 feet to a point
on the Fast line of said Southeast Quarter;
Thence South 00°00'00" West, along said East line,
504.45 feet to the True Point of Beginning.
Said described parcel of land contains 5.751 acres,
more or less, and is subject to any rights-of-way
or other easements as recorded by instruments of
record or as now existing on said described parcel
of land.
WHEREAS, the Board of County Commissioners has considered
the recommendations of the Department of Planning Services on this
matter and has reviewed the information submitted by the applicants.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
790887
BOOK .�
860 1781715
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missioners of Weld County, Colorado that the aforementioned tract
of land owned by the applicants be, and hereby is, declared to be
exempt from the definition of "subdivision" and "subdivided land"
as set forth in Section 30-29-101 (10) , CRS 1973 , as amended, and
in Section 2-1 of the Weld County Subdivision Regulations , provided
that a building permit is applied for. The Board further finds
that said tract shall be considered a single lot.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 5th day of
February, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
/
9renel,r7d.1,
ATTEST:
Weld` County Clerk and Recorder
44d_clerk to the Boa
puty County erk
A AS TO FORM:
County Attorney
DATE PRESFNTED: FEBRUARY 7, 1979
•
PI I'AH I HEN 111E I'LLANNING SERVICES
PHONE (3031 3564000 EXT.404
915 10TH STREET
OREELE V,COLORADO 80631
WI k
COLORADO
February 5, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Subdivision Exemption #75 and
Recorded Exemption #374
Dear Commissioners :
The attached applications, plats and related items are in reference to
a request for a subdivision exemption and recorded exemption by Henry
and Susan Wagner. The property is described as the SE* Section 30 and
the NEI Section 31 , T5N, R66W of the 6th P. M. , Weld County, Colorado.
This property is located 3-1/2 miles southwest of Greeley and 1-1/2
miles northeast of Milliken . The property contains approximately 316
acres of Class II , III and IV irrigated soils.
The first request is to obtain a subdivision exemption for a 5. 75 acre
parcel which contains the residence of Mr. and Mrs. Wagner ' s son and
several outbuildings and corrals. The second request is to obtain a
recorded exemption to split the property into two parcels of 14. 05
acres and 316 acres more or less. The 14. 05 acres is now in agricul-
tural production. The Wagners desire to sell the 316 acres which con-
tains their present residence and build a new house on the 14. 05 acres.
The Wagners will then retire from their farming operation.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the re-
quests be denied for the following reasons:
1 . The proposed requests do not comply with the Weld County Comprehen-
sive Plan in that it would promote non-agricultural use of agri-
cultural land and it would encourage urban encroachment on rural
land use.
Board of County Commissioners
Page 2
February 5, 1979
2. These requests are not in conformance with the intent clause of
the Agricultural Zone District (Section 3. 3 A. of the Weld County ,
Zoning Resolution) which states :
"Intent - The intent in establishing the A-Agricultural
Zone District is to allow all agricultural related use
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 a district , to encourage
agricultural uses as the highest and best use of the
land in the district as compared with other uses in con-
flict therewith, and to provide for the orderly expansion
of urban growth in conformance with the Weld County Com-
prehensive Plan . "
These requests would not be encouraging agricultural uses as the
highest and best uses, it would not be providing for the orderly
expansion of urban growth, and it would he promoting the division
of agricultural land into smaller , less economic parcel sizes.
3. These requests are not in compliance with the intent clause of the
recorded exemption procedure (Section 9-2 of the Weld County Sub-
division Regulations) . 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 nonproductive agri-
cultural lands may be developed for higher and more
productive uses insofar as such uses are compatible with
surrounding agricultural uses in areas where such land
divisions are proposed. (Revised 4-17-74) . "
The 14 acre parcel is productive agricultural land. By allowing
the Wagners to build their home on that parcel , the land would
essentially be removed from future agricultural production. Ad-
ditionally, there is great potential for future development of the
14 acre parcel by additional exemptions.
The Department of Planning Services Staff does not feel that the ap-
plication for a subdivision exemption and recorded exemption, in their
present form, are acceptable regarding the Weld County Comprehensive
Plan , intent clause of the Agricultural Zone District or the intent
clause of the recorded exemption procedure . The Department of Planning
Services Staff recommends that the Wagners consider other alternatives
which would not remove or present the possibility of removal of signi-
ficant amounts of agricultural land from future production. The staff
recommends that the Wagners consider a smaller parcel size and consoli-
dation of existing residences .
• -�
Board of County Commissioners
Page 3
February 5, 1979
Should the Board approve the staff ' s recommendation , the staff feels
that an alternative course of action would be to table the recorded
exemption and subdivision exemption to allow the Wagners time to pre-
sent alternative requests to the Planning Department . This step would
save the Wagners the costs and time involved in a second set of ap-
plications.
Respectfully,
it ( � 2f)(
Thomas E. Honn
Zoning Administrator
VT/csd
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