HomeMy WebLinkAbout790796.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 414 - HENRY AND JANICE
DePETRO.
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 20th day of August, 1979 in the Chambers of the Board of
County Commissioners of Weld County, Colorado, that the division
into two parcels of land as shown on the plat known as Recorded
Exemption No. 414 , being the property of Henry and Janice
DePetro, described as Part of the Northwest Quarter of Section 23 ,
Township 5 North, Range 65 West of the 6th P.M. , Weld County,
Colorado, being more particularly described as follows :
That portion of the Northwest Quarter of
Section 23, Township 5 North, Range 65 West
of the 6th Principal Meridian, County of
Weld, State of Colorado, more particularly
described as follows:
Considering the East line of the Northwest
Quarter of said Section 23 as bearing North
and South and with all bearings contained
herein relative thereto.
Beginning at the North Quarter corner of
said Section 23; thence along the East line
of the Northwest Quarter of said Section 23
South 803 .04 feet to the TRUE POINT OF
BEGINNING; thence continuing along said East
line South 490 .56 feet; thence West 310 .00
feet; thence North 490 . 56 feet; thence East
310 . 00 feet more or less to the TRUE POINT
OF BEGINNING, excepting therefrom that part
conveyed to the Lower Latham Ditch Company
by deed recorded October 12 , 1888 in Book
187 at Page 279, Weld County Records .
The above described parcel contains 3 . 33 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
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular division of land is not within
' ��._ ✓ , 790796
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 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 Henry and Janice DePetro 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 20th day of
August, A.D. , 1979.
/1
OF
ATTEST: O7 � P.(,ttm BOLDDCOUNTY, COLD DOSSIONERS
Weld County Clerk and Recorder (Aye)
and Clerk to the Boar Norman Carlson, Chairman
i
, BY: _12/ .17 7-t,L- ( ./A-_rati,\ _ ct ((9 fr- (Aye)
Deputy County lerk y a Dunbar
AP6g6VED AS TO FORM: ft; ,.Lly (Aye)
7/1 � C. W. K rby
County Attorney 1i�,--.< ,,,.c - ' (Aye)
Le nard L. Roe
7/2/ 1,2;2/M�(Aye)
ne K. St inmark
DATE PRESENTED: AUGUST 22, 1979
;01ECORDED EXEMPTION NUMBER Ub I L5 ≥ - HE 414
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Project No. 2256-01-01-01 SHEET 2 of 2
RECORDED EXEMPTION NUMBER 0961- 23-2 - RE414
14 June 1979
Owner: Henry M. and Janice J. DePetro
26865 Weld County Road 45-1/2 f O
Greeley, Colorado
LEGAL DESCRIPTION O IIG
That portion of the Northwest Quarter of Section 23, Township 5 North, Range 65 West
of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly
described as follows :
Considering the East line of the Northwest Quarter of said Section 23 as bearing North and
South and with all bearings contained herein relative thereto.
Beginning at the North Quarter corner of said Section 23; thence along the East line of the
Northwest Quarter of said Section 23 South 803.04 feet to the TRUE POINT OF BEGINNING;
thence continuing along said East line South 490.56 feet; thence West 310.00 feet; thence
North 490.56 feet; thence East 310.00 feet more or less to the TRUE POINT OF BEGINNING,
excepting therefrom that part conveyed to the Lower Latham Ditch Company by deed recorded
October 12, 1888 in Book 187 at Page 279, Weld County Records.
The above described parcel contains 3. 33 acres more or less.
We, Henry M. and Janice J. DePetro, being the sole owners in fee of the above described
property do hereby divide the same as shown on the attached map.
The foregoing certification was acknowledged before me this day of A.D. 1979.
My commission expires
Notary Public
Witness my hand and seal
I hereby certify that this plat was prepared under my supervision and that the same is
correct to the best of my knowledge and belief.
David S. McRobbie ,
Colorado L.S. 15308
The accompanying plat is accepted and approved for filing. `,"> \�
•
Chairman of the Board of
County Commissioners
ATTEST:
10
County Clerk and Recorder
/� '"
, .r By/L.Ci1�
Date: g 07-0- 79
Pr ect Na. 2256-01-01-01 SHEET I of 2
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
COLORADO
August 20, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #414
Dear Commissioners:
The attached application, plat , and related items are in reference
to a request from Henry and Janice DePetro for a recorded exemption.
The property under consideration is described as Pt. NW4 Section 23,
T5N, R65W of the 6th P.M. , Weld County, Colorado. The property is
located 2-1/2 miles east of the City of Evans and 1/2 mile south of
U. S. Highway 34 and the west side of County Road 45-1/2. The pro-
perty contains approximately 3. 5 acres of Class II irrigated soils.
The request is to split the property into parcels of 1. 55 acres and
1. 78 acres.
On May 2, 1979, the Board of County Commissioners approved a Lot Size
Variance request for the DePetros so that they could make application
for this recorded exemption. At the time the Board made the decision
on that request , the Department of Planning Services Staff submitted
a letter of recommendation for denial to the Board. A copy of the
recommendation letter for denial is included in the attached materials.
Nothing has been received by our office that would change our recom-
mendation of denial for this request as outlined in the letter to the
Board of County Commissioners dated May 2, 1979.
Respectfully,
aZe-Abil+
Chuc^k�uC`uttn Cunliffe .
f fff e .
Assistant Zoning Administrator
csd
I
AF. _ ICATION FOR RECORDED EXEC. ION
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . APPL . FEE /< ;,,P6-71
dd
ZONING DISTRICT RECORDING FEE 77 14,1
DATE RECEIPT NO . /Q(Q
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 :
That portion of the Northwest Quarter of Section 23, Township 5 North, Range 65 West
of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly
described as follows :
Considering the East line of the Northwest Quarter of said Section 23 as bearing North and
South and with all bearings contained herein relative thereto.
Beginning at the North Quarter corner of said Section 23; thence along the East line of the
Northwest Quarter of said Section 23 South 803.04 feet to the TRUE POINT OF BEGINNING;
thence continuing along said East line South 490.56 feet; thence West 310.00 feet; thence
North 490.56 feet; thence East 310.00 feet more or less to the TRUE POINT OF BEGINNING,
excepting therefrom that part conveyed to the Lower Latham Ditch Company by deed recorded
October 12, 1888 in Book 187 at Page 279, Weld County Records.
ACREAGE : Lot "A" 1 .55 Ac: ; Lot " B" 1 .78 Ac. ; Total 3.33 Ac.
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 : Henry M. DePetro Address 26865 Co.Rd. 45-1/2 Phone 352-0961
Name : Janice J. DePetro Address same Phone same
Name : Address Phone
WATER SOURCE FOR : Lot "A" Central Weld ; Lot " B" Central Weld
TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" Septic
PROPOSED USE FOR : Lot "A" Single Family ; Lot " B" Single Family
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 m nowledge .
COUNTY OF WELD
STATE OF COLORADO ) •
gnature : ner or A orized Agent
Subscribed and sworn to before m is day of , 19 79
SEAL
Notary Public
42.44 ce/
My Comm ' si n expires :
x
RECORDED EXEMPTION NUMBER 0961- 23-2 -RE4I4
14 June 1979
Owner: Henry M. and Janice J. DePetro
26865 Weld County Road 45-1/2
Greeley, Colorado
LEGAL DESCRIPTION
That portion of the Northwest Quarter of Section 23, Township 5 North, Range 65 West
of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly
described as follows:
Considering the East line of the Northwest Quarter of said Section 23 as bearing Nora`, and
South and with all bearings contained herein relative thereto.
Beginning at the North Quarter corner of said Section 23; thence along the East line of the
Northwest Quarter of said Section 23 South 803.04 feet to the TRUE POINT OF BEGINNING;
thence continuing along said East line South 490.56 feet; thence West 310.00 feet; thence
North 490.56 feet; thence East 310.00 feet more or less to the TRUE POINT OF BEGINNING,
excepting therefrom that part conveyed to the Lower Latham Ditch Company by deed recorded
October 12, 1888 in Book 187 at Page 279, Weld County Records.
The above described parcel contains 3. 33 acres more or less.
We, Henry M. and Janice J. DePetro, being the sole owners in fee of the above described
property do hereby divide the same as shown on the attached map.
The foregoing certification was acknowledged before me this day of A.D. 1979.
My commission expires
Notary Public
Witness my hand and seal
I hereby certify that this plat was prepared under my supervision and that the same is
correct to the best of my knowledge and belief.
David S. McRobbie
Colorado L.S. 15308
F
.
The accompanying plat is accepted and approved for filing. .:�(p �C
• .1 .S
Chairman of the Board of
County Commissioners
ATTEST:
County Clerk and Recorder
By:
Date:
I.
Project No. 2256-01-01-01 SHEET I of 2
26865 Weld County Road 45j
Greeley, Colorado 80631
August 1, 1979
Weld County Planning and Zoning
Weld County Board of Commissioners
915 10th Street
Greeley, Colorado 80631
Dear Planning and Zoning Committee, and County Commissioners:
We are hereby requesting a recorded exemption on Parcel: Part of
Section 23, Township 5 North, Range 65 West of the Sixth Principal
Meridian, Weld County Colorado.
This parcel was approved by the Weld County Commissioners on
May 2, 1979 for a lot size variance. Since the above date of
approval we have had it surveyed by Hogan and Olhausen Inc.,
located in Loveland. We have approval for service by the Central
Weld County Water District and Home Light and Power, and will also
have an approved Septic System.
We still plan to build a new home on this parcel of ground as
previously stated to the Weld County Commissioners May 2, 1979.
Sincerely,
. o
Hen M. De tro
Janice Jo DePetro
HMD-JJD:csh
1 I
DEPARTMENT OF PLANNING SERVICES
PHONE 1303) 3564000 EXT.404
915 10TH STREET
GREE LEY.COLORADO 80631
COLORADO
May 2, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Lot Size Variance #91
Dear Commissioners :
The attached letter and related materials are in reference to a re-
quest for a lot size variance from Henry and Janice DePetro . The
property on which this request has been made is described as Pt . NWT.
Section 23, T5N, R65W of the 6th P. M. , Weld County, Colorado. This
property is located 2-1/2 miles east of the City of Evans and 1/2
mile south of U. S . Highway 34 on the west side of County Road 45-1/2.
The property contains approximately 3. 5 acres of Class II irrigated
soils. The request is to obtain a variance from the minimum lot size
requirement, Section 9-4A. (6) of the Weld County Subdivision Regula-
tions, so that they may make application for a recorded exemption.
If this lot size variance is granted, the DePetros will proceed with
their application for a recorded exemption to divide the parcel into
two parcels of approximately 1 . 9 and 1 . 5 acres more or less . The
DePetro ' s desire is to build a new home on the 1 . 5 acre parcel . The
1. 9 acre parcel does have an existing residence and other improvements .
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends this
request be denied for the following reasons :
1. It is the opinion of the Department of Planning Services Staff
that the proposal is not consistent with the intent clause of
the recorded exemption procedure. Said clause states :
S
'fit`
Board of County Commissioners
Page 2
May 2, 1979
"The intent in establishing the Recorded Exemption Pro-
cedure is to provide, in accordance with the Weld County
Comprehensive Plan, a means whereby non-productive 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 Plan urges residential development to be closely connected to
and served by municipal utilities, and towns should be encouraged
to service new developments within a reasonable service area from
the town. The Plan further indicates subdivision of land should
conform to the overall development goals and policies .
2. It is the opinion of the staff that the proposal is not consistent
with the intent clause of the A-Agricultural Zone District which
states :
"Intent - The intent in establishing the A-Agricultural
Zone District is to allow all agricultural related uses
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. "
The parcel is not prime agricultural land because of past divisions
of land creating rural residential tracts . The nature of the re-
quest is not, however, providing for the orderly expansion of
urban growth.
The City of Evans Planning Commission has stated that they have
no objections to this lot size variance request . However, the
Department of Planning Services Staff feels that if the area
were to continue to develop in this manner, inefficient develop-
ment will result.
3 . It is the opinion of the Department of Planning Services Staff
that in the vicinity of the proposed lot size variance, develop-
ment has reached a level where the continued division of parcels
would evade the intent of the Weld County Subdivision Regulations.
The principal purposes of the Subdivision Regulations of concern
to the Department of Planning Services Staff are as follows :
Board of County Commissioners
Page 3
May 2, 1979
1. "A. To assist orderly efficient and integrated development.
2. B. To promote the health, safety, and general welfare of
the residents.
3 . C. To ensure conformance of land subdivision plans with the
public improvement plans of the County and its various
municipalities.
4. E. To encourage well planned subdivisions by establishing
adequate standards for design and improvements .
5. P. To assure the planning for and provision of an adequate
and safe source of water and means of sewage disposal."
Respectfully,
Oral.
Chuck Cunliffe
Assistant Zoning Administrator
csd
• u7D i cN7 07: F Li-':!:I' _
PHONE 13031 356-1003 E> T _.,.
91510THSTHEE'
GREELE Y.COLORADO BOGS'
IIJ
r. LSV-91 : 79: 10
CASE NUMBER
COLORADO
REFERRALApril 6, 1979
TO WHOM IT MAY CONCERN:
Henry and Janice DePetro
Enclosed is an application from
for a lot size variance
Pt .
The parcel of land is described as NW* Section 23, T5N, R65W
The location of the parcel of land for which this application has been
2 miles east and 1/2 mile south of the City of Greeley
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
to receive your comments by April 20, 1979 so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your help and
.0141
cooperation in this matter. .�\\ 3�6>>�‘•
b pPR 1919 '9'`,
q N- �VEp cc REGS ai
t ri.
Assistant Zoning Administrator a �ugpiSSlen cam:
fl annin[ /4�;
�v W have reviewed the request and find no conflict wi! L terests.
Signed es, r-.i-+ (i, C_. 1 cQ�1----- Date y//,?/7 7
Agency �r_ tit, Th.1 iie.', (7.t) ---0 4----, e.,,,,,,....„., rte C riff _L.!,
_ 4 71,,.. -,---r.,l.1-.m t,•-� �e �{
L
PHONE 1303' 05G-7000 `E
/ I �� 91570TH S�1-.
AilL GR EE LE V•COLORADO BDe'
1
LSV-91 : 79: 10
CASE NUMBER
JJ
COLORADO .
REFERRAL
April 6, 1979
TO WHOM IT MAY CONCERN:
Henry and Janice DePetro
Enclosed is an application from
lot size variance •
for a
Pt . NWl Section 23 , T5N, R65W
The parcel of land is described as
The location of the parcel of land for which this application has been
2 miles east and 1/2 mile south of the City of Greeley
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
ril 20 1979 so that
to receive your comments by A P
we can complete our review before the scheduled Board of County
Commissioners meeting . Thank you very much for your help and
cooperation in this matter. ��b,#���1202/cD
/9�
z APR 1979 call
-, RECEIVED a'
gJ1`r1,h ' L H
Assistant Zoning Administrator Wnlgtoani
%annlnt Co7a�isnln� Otero
interest
s.
DlWe have reviewed t e request and find no confl 9 9 �
Signed tJJP Date
Agency d COi-v., {deg 14-11Ag y � � �
ft 1
1O
n IEMORAnDui fl
i
IIPC. To Planning Commission o„e April 18, 1979
COLORADO From Gilman E. Olson, Utility-Subdivision Administrator
Subject: Henry and Janice DePetro (L.S.V.)
No engineering problems anticipated by this request. If and when
an access is needed it will .,require a C.M.P. 15" diameter X 20 feet
long.
alfe-04.f.:011-na
cilman E. Olson
Utility-Subdivision Administrator
GEO:sar
,*\:1619-a%3,
&,) 4 • ;,.
7.1
APR 1979 tri
RECEIVED T.
Weld County
Planing Commisslen -J�'
d' J�
e9S�£L``ti
e
•
4t
1,
- -. .`K-T LI✓
DEPARTi4EN1 OF FLT!:!:.
PHONE 1303) 3564000 EX T c,.
915 10TH STHEE'
GREELEY,COLORADO 8063
VIII
_- J
LSV-91 : 79:10
... , , • CASE NUMBER
COLORADO
REFERRAL
April 6, 1979.
TO WHOM IT MAY CONCERN:
Henry and Janice DePetro
Enclosed is an application from
lot size variance
for a
Pt . N19* Section 23, T5N, R65W
The parcel of land is described as
The location of the parcel of land for which this application has been
2 miles east and 1/2 mile south of the City of Greeley
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
to receive your comments by April 24, 1979 so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your nd
�
�g�
cooperation in this matter. n * kJ
4, MAY 1975 --%
RECEIVED
i1s4 i a '�w+�iup, i
Welir belt --4
Assistant Zoning Administrator :1r
ee 91.941/4
pi We have ewed the request find no conflie h our interests
" : ed Date April 23, 1979
At - icy Ci of Evan . ni and Zonin. Commission
kilE X
FIELD CHECK
FILING NUMBER: LSV-91 DATE OF INSPECTION: 4/10/79
NAME: Henry and Janice DePetro
REQUEST: Lot Size Variance
LEGAL DESCRIPTION: Pt . NWl Section 23 , T5N, R65W
LAND USE: N Residential Tracts
E Agricultural
Agricultural
Agricultural
ZONING: NAgricultural
LOCATION: 2 miles east and 1/2 E Agricultural
mile south of the City of Greeley Agricultural
on Weld County Road 45* W Agricultural
COMMENTS :
Proposed Parcel A currently has no improvements located on it. It is
being used as irrigated pasture. Proposed Parcel B has an existing
single family dwelling and a small structure located on it . There is
also a corral for horses on the proposed Parcel B. There is an existing
access to the property off of County Road 45* . There are three small
residential tracts located to the north of this property. Each parcel
has an existing residence on it . There is also two residences located
across County Road 45*. Natural drainage to the property appears to be
to the west . The front of the property along County Road 45A is at a
higher elevation that the west edge of the property.
I I
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RECORDING DATA - MAPS & PLATS,
Recorded Exemption #0961-23-2—HE4a4
NAME OF SUBDIVISION - --------
Henry M De Petro — Janice J De Petro _
NAMF OF SUBDIVIDER ________ - ---
That portion of the Northwest Quarter of Section 231. Township 5 North
IOrATION OF SUBDIVISION Range 65 West of the 6th Principal Meridian, County of Weld,
State of Colorado.
DATE OF RECORDING AUG 241979 BOOK 8?9RFCEPTION M 1801293
MARY ANN FEUERSTEIN
WELD COUNTY� CLERK AND RECORDER
BY: S�dZ! M.C4 _.f1/
DEPUTY COUNTY CLERK & RECORDER
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