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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 Lkk SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON- IRRIGATED )(yo- G e3 te- or 4/, 75 a IL'.71-, r'- i "I ill 7,...." , Pillill ' r .... „ .. 1 1 //YJ/ 40 I / ! _....//- �. A. f,1 "w3'+ • G r sdi r+� �° �� • I Y*ii3O xz_ 1 4. lhx�,:: ` ! -�'''`y�,. #^ 4 t"ry )4):114‘4.• li a y c. /gyp Ir mkn rP h. WIyJGW . �`4s. ,ri% p �(t t*"'P • ���,� �.•tiii'YM1:A 1 y i r 6a .. ICA' `~�,, f, Y 4 •‘PP4 ') joill Jr . f - �y, kti 5f� 9 v) M 14 / • ; _ 2v a.�� x at { �r • ; cj 530 '•Y" 4Vl: ' 3050 ki A 4j'TT✓' „s x \V.M 4 tit* �x,. ,. , r I '41C 1 A. 4 t s ' r t ly ( } .02 Q I` n lY 51St A , V -A k O , . � P�?;k ' '� .-. .... REFERRAL LIST z 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 H Z o o O 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 J 9 (C h o t. t • sec. z0, 7:/N., Q LCCAT/oN MAP I h R 67W. �c 4 E scale: /'=2000' i b e lj m 4 { •0 .51 1 3 wed eb.Rd 6 /Lt/d Coun/y.lint 2mc. I W%4,R. Sec.20, ,-z5zc::0 —.- - cc vi k d 3k N O a I) N i I LOTS 77.949 Ac. kt k I: 0 300 / � p� • /50 / Scat e: /'.300' //' 3 N i ti b 3 Nt S.• \ Wi • O 0 N h C OO y ai c b Ili v X 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 '',04/ , 4410 14g t, 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 Hello