HomeMy WebLinkAbout790782.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 428 - ZELLA GLARDON
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 24th day of October, 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. 428 , being the property of Zella
Glardon, described as Part of the West Half of the Southwest
Quarter of Section 20 , Township 1 North, Range 67 West of the
6th P.M. , Weld County, Colorado, being more particularly
described as follows :
All of the West one-half of the South-
west one-quarter of Section 20 , Town-
ship 1 North, Range 67 West of the Sixth
Principal Meridian, Weld County, Colo-
rado EXCEPT that part of the West one-
half of the Southwest one-quarter described
in Book 1387 , Page 70 of the Weld County
Records , the remainder being further
described as follows;
Beginning at the Southeast corner of said
West one-half Southwest one-quarter;
Thence North 90°00 ' 00 " West on an assumed
bearing along the South line said Section
20 a distance of 330 . 00 feet to the South-
east corner of said parcel described in
Book 1387, Page 70 ;
Thence along the perimeter of said parcel
by the following three courses :
North 00°19 ' 56" West parallel with the
East line said West one-half Southwest
one-quarter a distance of 260 .00 feet;
North 90°00 '00 " West a distance of 140 .00
feet;
South 00 °19 ' 56" East a distance of 260 .00
feet to a point on the South line said
Section 20 ;
Thence North 90°00 '00" West along said
South line a distance of 848 . 90 feet to
the Southwest corner of said Section 20 ;
Thence North 00°14 '44 " West along the
West line of said Section 20 a distance
of 2640 .29 feet to the West quarter corner
said Section;
790782
Thence South 89°53 ' 43" East along the North
line of the Southwest one-quarter of said
Section 20 a distance of 1314 .93 feet to
the Northeast corner of the West one-half
Southwest one-quarter said Section 20 ;
Thence South 00°19 ' 56" East along the
East line of said West one-half Southwest
one-quarter a distance of 2637 .91 feet to
the point of beginning;
Contains 78 .949 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 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 2-1A( 3) of the Weld County Sub-
division 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 Zella Glardon 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 24th day of
October, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
]
/Cie ,r.,,_ (Aye)
Norman Carlson, Chairman
1/47”ATTEST: " I(21-'4 , -1^-- --1-1 ,74171,.//% �J //
, �� 1 7L0 -(7
Lyd / unbar
Weld County Clerk and Recorder
and Clerk to the Boa e, j/` i c (� (Aye)
C. W. Kirby
( BY 't h i s n,,t)- 2-cia-i A ) /
l' Deputy Coun Clerk � z4_ ^ !macE (Aye)
Lem\iard L. Roe
APPR VED AS TO FORM:
ty
Julle K. Steinfiark
County Attorney
DATE PRESENTED: OCTOBER 29 , 1979
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
October 24, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #428
Dear Commissioners:
The attached application, plat and related items are in reference
to a request from Mrs. Zella Glardon for a recorded exemption.
The parcel of land on which this request has been made is described
as Pt . WeSW* Section 20, T1N, R67W of the 6th P.M. , Weld County,
Colorado. This property is located 2-1/2 miles south and 1/4 mile
east of Dacono. The property contains approximately 79 acres of
Class II and III irrigated soils. The request is to split the pro-
perty into parcels of 1. 00 acres and 77.949 acres.
On August 22, 1979, the Board of County Commissioners approved a
request by Mrs. Glardon for a lot size variance so she could make
application for this recorded exemption. At the time they made the
decision on that request , the Department of Planning Services sub-
mitted a letter of recommendation to the Board. A copy of that
letter of recommendation is included in the attached packet . Nothing
has been receitned by our office that would change our recommendation
of denial for this request as outlined in the letter to the Board of
County Commissioners dated August 15, 1979. This request complies
with the provisions of Section 9-4 A. of the Weld County Subdivision
Regulations.
Respectfully,
11ic� io-co-�+lo .�
Vickie Traxler
Assistant Zoning Administrator
csd
RESOLUTION
RE : APPROVAL OF LOT SIZE VARIANCE NO. 96 - ZELLA GLARDON
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 has determined
at a public hearing held on the 22nd day of August, 1979, in the
Chambers of the Board of County Commissioners of Weld County,
Colorado, that a certain tract of land is owned by Zella Glardon,
which land is more particularly described as follows :
Part of the West Half of the Southwest Quar-
ter of Section 20, Township 1 North, Range 67
West of the 6th P.M. , Weld County, Colorado
WHEREAS, the owner 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 Commis-
sioners 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 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 Zella Glardon for the
abovedescribed parcel of land.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 22nd day of
August, A. D. , 1979.
n,,, .e�„_„J_ BOARD OF COUNTY COMMISSIONERS
ATTEST: (/ ^" wry i LD COUNTY, COLORADO
Weld County Clerk and Recorder 0.4.44.0___ (Aye)
and—lerk to the(Bo Norman Carlson, Chairman
t7 /��,,' ch,/7�t (Aye)
-- -Deputy County` Clerk Lydia Dunbar.
APP OVED AS TO FORM: / /,./11/ /7 (Aye)
C. W. Kirby
K$L1ZB County Attorney c.c_:z ;]c-cl. I, • 9 . (Aye)
'4 `'v� Le Hard L. RoeP1/41161919n � ,/
N EGENE T ( /Pill /c4;;; //(AYe)
`: R .J /June K. Steinmark
C. stint :J
It b
J/ �: DATE PRESENTED: AUGUST 27 , 1979
N.
l ��
,l�r3J
• 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 . R2- LIZ`c APPL . FEE 15oo
ZONING DISTRICT A. RECORDING FEE h3i ?ry.p0
DATE (O- 'b- 1S RECEIPT NO . LcAr153
APPL . CHECKED BY VT.
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 :
W ,SW4, Section 20, Township 1 North, Range 67 West 6th PM
WELD COUNTY, COLORADO S tigliviete description
ACREAGE : Lot "A" 1. 000 Ac. ; Lot " B" 77. 949 Ac ; Total 78. 949 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 x No
Lot B? Yes x No
FEE OWNERS OF PROPERTY :
Name : Marguerite Totems Address �s�ihhWtonReo�o Phone 659-2184
Name : Lawrence Totems Address Same as above phone
Name : Zella Glardon Address O�c2ghV8M E81oRd6Phone 659-1481
WATER SOURCE FOR : Lot "A" 1!nmmunity Well ; Lot " B" Well
TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" Septic
PROPOSED USE FOR : Lot "A" Home, Lawn, GardenLot " B" Agriculture
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 ) 7/ /2
STATE OF COLORADO ) e .C Co- 1 �_. �.
Signet e : Owner or Authorized/77 "� Agent
Subscribed and sworn to before me this o2 day of "z-�^ , , 191, .
SEAL �OY ui
Notary Public
/72/
My Commission expires :
Legal Description:
All of the West one-half of the Southwest one-quarter of Section 20,
Township 1 North. Range 67 West of the Sixth Principal Meridian, Weld
County, Colorado EXCEPT that part of the West one-half of the Southwest
one-quarter described in Book 1387, Page 70 of the Weld County Records ,
the remainder being further described as follows :
Beginning at the Southeast corner of said West one-half Southwest one-
quarter;
Thence N 90°00' 00" W on an assumed bearing along the South line said
Section 20 a distance of 330 00 feet to the Southeast corner of said
parcel described in Book 1387 Page 70;
Thence along the perimeter of said parcel by the following three courses ;
N00°19'56"W parallel with the Fast line said West one-half Southwest
one-quarter a distance of 260. 00 feet ;
N90°00' 00"W a distance of 140. 00 feet;
SOO°19' 56"F a distance of 260. 00 feet to a point on the South line
said Section 20 ;
Thence N90°00' 00"W along said South line a distance of 848. 90 feet to
the Southwest corner of said Section 20;
Thence N00°14'44"W along the West line of said Section 20 a distance of
2640 . 29 feet tothe West quarter corner said Section:
Thence 589°53 '43"F along the North line of the Southwest one-quarter
of said Section 20 a distance of 1314. 93 feet to the Northeast corner
of the West one-half Southwest one-quarter said Section 20 ;
Thence S00°19' 56"F along the Fast line of said West one-hay' Southwest
one-quarter a distance of 2637 . 91 feet to the point of beginning;
Contains 78 949 acres more or less
TO WHOM IT MAY CONCERN:
THIS LETTER IS ATTACHED TO AN APPLICATION FOR kX+/r^ ens)
REQUEST" .
NO.6 - asks for a letter of explanation detailing the sit-
uation indicating the reasons why the above requests
1. Our mother, Marguerite Totems, was widowed in February of
- 1953. She kept up the house and yard as best she could until
— about four years ago she had a severe stroke that disabled
her and she no longer could care for the house and yard. During
her partial recovery my brother, Lawrence Totems and I, Zella
Glardon, took care of the house and yard according to the time
we had which did not do justice. Our mother now is living
with my brother but I have her about four days out of the week. -
We share her. In the meantime, my daughter and husband sold
their home in Thornton and moved into the home and have been
redoing it (painting, insulating, etc. ) They would like to
buy the place and we would like to sell it to them.
2. Mother will never be able to take care of herself or be
responsible since she is 9? years old . She visits her old home
and enjoys the family and feels free to visit there where she
has lived since 1917. We prefer selling it to family since
the house is so close to Lawrence and family.
We hope this explains our situation. We hope you will
give us consideration.
Sincerely,
cam.., Jas--€1"4-)
Mrs. Zella Glardon
zg
Nc
DEPARTMENT OF PLANNING SERVrC=S
PHONE (3031 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 90631
1114-41 D F.
COLORADO
August 15, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Lot Size Variance #96
Dear Commissioners :
The attached letter and related materials are in reference to a request
for a lot size variance from Mrs. Zella Glardon . The parcel of land
is described as Pt . WZSW* Section 20, T1N, R67W of the 6th P.M. , Weld
County, Colorado . This property is located 2-1/2 miles south and 1/4
mile east of Dacono. The property contains approximately 79 acres of
Class II and III irrigated soils. The request is to obtain a variance
from the minimum lot size requirement , Section 9-4A(6) so that Mrs .
Glardon may make application for a recorded exemption .
If this lot size variance is granted, Mrs . Glardon will proceed with
an application for a recorded exemption to divide the property into
two parcels. The smaller parcel will be sold to Mrs. Glardon' s
daughter and son-in-law who are presently living in the residence on
the parcel. The larger parcel will be retained as an agricultural unit
by Mrs. Glardon and her brother , Lawrence Totems .
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the re-
quest be denied for the following reasons :
1. The proposed request does not comply with the Weld County Compre-
hensive Plan in that it would promote non-agricultural use of
agricultural land and it would encourage urban encroachment on
rural land use.
2. This request is 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:
Board of County Commissioners
Page 2
August 15, 1979
"The intent in establishing the Recorded Exemption
Procedure is to provide, in accordance with the Weld
County Comprehensive Plan , a means whereby non-
productive agricultural 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. " (Rev.
4/17/74)
The Comprehensive 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 .
3. 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 the district , to encourage
agricultural uses as the highest and best use of the land
in the district as compared with other uses in conflict
therewith, and to provide for the orderly expansion of
urban growth in conformance with the Weld County Compre-
hensive Plan. " (Rev. 12/29/76)
The nature of the request is not , however , providing for the orderly
expansion of urban growth in conformance with the Comprehensive Plan.
The request would allow another residence on the larger agricultural
unit and would therefore double the residential density on the parcel .
Increasing the residential density will place a greater demand on
the services which residential development requires and, therefore
increase the costs of those services provided.
Respectfully,
V irkA o 1 rr wc1e.r -
Vickie Traxler
Assistant Zoning Administrator
csd
FIELD CHECK
FILING NUMBER: LSV-96 : 79 : 15 DATE OF INSPECTION : 7/26/79
NAME: Mrs . Zella Glardon
REQUEST: Lot Size Variance
LEGAL DESCRIPTION : Pt . WZSWQ Section 20, T1N, R67W
LAND USE: N Agricultural
E Agricultural
S Agricultural
W Agricultural
ZONING : N Agricultural
2-1 2 miles south and E Agricultural
LOCATION: /
1/4 mile east of Dacono S Agricultural -
1Y Agricultural
COMMENTS :
Parcel is irrigated hay, sugar beets and corn. There are also 2 oil
well rigs operating on the property. The improvements parcel contains one
residence and several outbuildings. There is a ditch crossing the north-
west corner of the property. Access is to County Road 15 for the cultivated
land. Access exists to County Road 6 for the improvements parcel.
•
BY: V l C\ _ -
f
A.
LEGAL DESCRIPrONffV2 09*?T2oi(07
CASE NO. a-75'18
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON- IRRIGATED
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REFERRAL LIST
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APPLICANT Mrs. Zella Glardon
CASE If LSV-96 : 79 : 15 c k2%
REFERRALS SENT OUT ON : July 16, 1979
cn O
zo REFERRALS TO BE RECEIVED BY August 3, 1979
co
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L] H LL
ti w U)
O o
IU
z cn 2 REFERRALS RECEIVED
X OCtobeC ,1819
County Attorney
AUG 81979 County Health
County Engineer
JUL 1.9 1979
Tri-Area Planning Commission
X R V- . 1`1Z° c/o Debbie Smaller
Box 363
Frederick, CO 80530
A State Engineer
JUL31 1979
Division of Water Resources
Department of Natural Resources
1313 Sherman Room 818
Denver, CO 80203
AUG - 31979 Farmers Reservoir and Irrigation Co.
80 27th Avenue
Brighton, CO 80601
•
- RECORDED EXEMPT/ON NO. /L, 69-2 o 3-RE•428
SHEET 2 OF 2
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77.949 Ac. kt
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0 300 / � p�
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Scat e: /'.300' //' 3 N
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Ziz:' LOT A � �
Recorded in /.OOO AC. k 3 '
y - Book /587 p t7 `l
Page 70 e M I c
814/0'Co.Records N.90 00'00"W. m
/40.00' /8.00' N m
_ . 30.00' ;ti C 6 u
81J . - N90'00••'W `O Ni c
S.W.Cow Sec. Z0, 0 m 0 ct,v‘. - 735.34'- 4. , V
T./N.,R67IV M. South /ine Sec.20 8 N oN m �l e u h h
1 Weld County Re.. 6 848.90' °� /ao 235.3&' ^•,
l N. 90W000"W. -330.00
• RECORDEL, EXEMPT/ON NO. /469 -20 3-RE'446
SHEET / OF 2
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, 4410 14g
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LEGAL DESCRIPTION: /0
All of the West one-half of the Southwest one-quarter of Section 20,
Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld
County, Colorado EXCEPT that part of the West ode-half of the Southwest
one-quarter described in Book 1387, Page 70 of the Weld County Records,
the remainder being further described as follows;
Beginning at the Southeast corner of said West one-half Southwest one-
quarter;
Thence N 90°00'00"W on an assumed bearing along the South line said
Seotion 20 a distance of 330.00 feet to the Southeast corner of said
parcel described in Book 1387 Page 70;
Thence along the perimeter of said parcel by the following three courses;
N00°19'56"W parallel with the East line said West one-half Southwest
one-quarter a distance of 260.00 feet;
N90°00'00"W a distance of 140.00 feet;
SOO°19'56"E a distance of 260.00 feet to a point on the South line
said Seotion 20;
Thence N90°00'00"W along said South line a distance of 848.90 feet to
the Southwest corner of said Section 20;
Thence NO0°14'44"W along the West line of said Section 20 a distance of
2640.29 feet to the West quarter corner said Section;
Thence s89°53'43"E along the North line of the Southwest one-quarter
of said Section 20 a distance of 1314.93 feet to the Northeast corner
of the West one-half Southwest one-quarter said Section 20;
Thence SOO°19'56"E along the East line of said West one—half Southwest
one—quarter a distance of 2637.91 feet to the point of beginning;
Contains 78.949 acres more or less.
We, Margurite Totems, Lawrence Totems, and Zella Glardon being the sole
owners in fee of the above described property do hereby divide the same
as shown on the attached map.
I '
i tr , + ' /
Margurite Totems Laurence Totems Zella Glardon
The for9going„certific::tion was aoknowledged before me this .0; day.
of 7 r. ,� , 1 - r A.D. 197__
.
My commission expires t
Witness my hand and seal '., - H ,
Notaryittiblic /
•
I he .':,\se s`\\�that this plat was repared under my super.tion and
th- r. ' gO IV44M4 , not to theAlest/of my knowledge and b lief.
�a. o•.. / t .� 1 .
t ne
f * 12337 •:. * , Dennis G. DeVore, Registered Lendrveyor
' t'olo. Reg. 't;, l2 „'
, LA Q
- tr"f. .
',? L
OF VP-Pr
T,he accompanying plat is acc9pted and approved for filing.
� I
r'l�`'�y/'- r ,•..._ ;..R . Attest: ; i -;i . . I q. .str ,t-
Chairman of the Board of County Commissioners Q9unty9Clerk and Recorder
• /11
/ACr
Dated: ,� „
RECORDING DATA — MAPS b PLATS
Recorded Exemption #1469-20-3-RE42g
NAME OF SUBDIVISION _ -----
NAME OF SUBDIVIDER Marguerite Totems, Lawrence Tot_Ts�?e]1s_Glardon,._____
M1I of the West one-half of the Southwest one-quarter of Section-2(
Township 1 North, Range 67 West of the 6th P.M.,Weld_County,Colo.
LOCATION OF SUBDIVISION —
OCT 3 0 197 BOOK 886 RECEPTION # 1807765
DATE OF RECORDING ---
MARY ANN FEUERSTEIN
MELD COU TY CLERK AND RECORDER
BY: 4,//
DEPUTY COUNTY CLERK & RECORDER
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