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Home My WebLink About790846.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 367 - DR. AND MRS . JOHN SHEPARD. 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 Commissioners of Weld County, Colorado, at a public hearing held on the 29th day of January, 1979 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of a certain parcel of land, as shown on the plat known as Recorded Exemption No. 367 , being the property of Dr. and Mrs . John Shepard, described as part of the Northeast Quarter of Section 6, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: A tract of land situated in the Northeast Quarter of Section 6, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, being mire particularly described as follows: Considering the West line of the Northeast Quarter of said Section 6 as ]paring North 00°25'06" West and with all }parings contained herein relative thereto; Beginning at the North Quarter corner of said Section 6; thence along the North line of the Northeast Quarter of said Section 6 North 87°47'35" East, 335.00 feet; Thence South 00°25'06" East, 1716.32 feet; thence North 87°07'44" Fact, 844.96 feet; thence South 00°00'04" West, 895.50 feet more or less to the South line of the Northeast Quarter of said Section 6; thence along said South line South 87°07'44" West, 1173.46 feet more or less to the center Quarter corner of said Section 6; thence North 00°25'06" West, 2615.40 feet more or less to the point of beginning. Subject to a 30 foot wide county road right-of-way along the North line of the Northeast Quarter of said Section 6 and all other rights of way, easements or restrictions as nag in lice or on record. Said tract contains 37.371 acres, more or less, gross. 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, 790846 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 definition 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 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 Dr. and Mrs. John Shepard 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 29th day of January, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO `' a i<0.ii` i j , ATTEST: 71110-7 ,CAIA4 . ) Weld County Clerk and Recorder and Clerk to the Boa d , B ad . 1.1 1- �Q / ( / JZt Bt: 7Dkputy County tterk {I � PP VED AS TO FORM: , i. 'J County Attorney DATE PRESENTED: JANUARY 31, 1079 --,4 • 11 I DELGADO & ASSOCIATES 2217 Airway Ave. Ph.4B4-0533 Fort Collins,Colorado 80521 LEGAL DESCRIPTION 0807-6- I -RE 367 chaff „ ^ v� � ktract orland'situate in 'tlhe Northeast°1/4 of Section 6 Township 7'4-7;1I , ' �;;', 4,,1a,,, OWV,North, Rpnge 67 West of the 6th,2,.M. ; County ofl.Weld, State of polorado,v, ,t � + , ,,,nom,; a=„c„,_,being mo e,particularly described. as: follows � �1 Considering the West line of the Northeast 1/4 of sa.id. Section 6 as 1,' 4 bearing N 00°25'06" W and with all bearings contained herein relative h thereto; Iy S..- . Beginning at the North 1/4 corner of said Section 6; thence along the 0;t „ . `North line•of:the Northeast' 1/4?,of; said Section, 6 N 87°47.'35" E,;.335 OQ,,,,I°+ a, w �, afeet; thence S 00°25'06" E.! 1716`:'32 feet; `;thence"N 87°07'44° Er844.96s', _. '. ' feet; thence S 00°00'04" W, 895.50feet more or less to the South line of the Northeast 1/4 of said Section 6; thence along said South line S 87°07'44" W, 1173.46 feet more or less to the center 1/4 corner of said Section 6; thence N 00°25'06" W, 2615.40 feet more or less to the point of beginning. Subject to a 30 foot wide county road right-of-way along the North line of the Northeast 1/4 of said Section 6 and all other rights of way, easements. or restrictions as now in use or on record. pw.� it '' YF 's ,fit 7 ii w r?' .,: frf; i z J: tb �ya Y ' •S ., 441.-e�;} A'Said tract contains`37 371 acres more or less, gross : +42,1:0,-..4„ ) , . ' da 1sL We, John S. Shepard and Riitta Al Shepard, being the sole owners in fee ` of the above described property do hereby divide the same as shown on the attached map. Ili / °, 'John S. Shepard Riitta A. Shepard' ' %if.M.f I .e . w k„ 4 "-" lt The foregoing certification was acknowledged before me this 12th day of ` .,,,yru w DeCembel : . .' 197 n _ . ig 2,g} + ,r° t ' stria 4.0,, Y' 4f 4, _n1✓n: . , ,`. ?-My commission expires. 4-24-82 ' " ? 3r-,,,r* ; Notary Public f.`42r/4...(c jv0 rr'- r Witness My Hand and Seal • I hereby certify that this plat was prepared under my supervision; and•°;°i'+gar. that t e same is correct to the best of my knowledge and belief. Urk;,'.`„' e .-.F w.c tii. ,:e omit ((^^JJ--ll25 'G ,./ uadalupe P. Delgado Reg. L.S. 107251 .! , °r.: A&' '' , '.The accompanying plat is accepted and approved for filing. +, )e'r 0. CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS to ATTEST: County Clerk �`'10A.4 ^,.sti ZZ',�/uirilrs.I 2.1kAll) , By( . .... r ;a Datedfs `k " "M" 4 .i '. t rbn.t,eye -:.p I • SHFFT 2 OF 2 N87°47'35"E 335.00' 15. eI 294.98 IN-4'-c2' \ NORTH LINE NE 1/4 SEC--'-,T 7 N,R 67 W 30' / --e ry 1/4 COR. SEC.6, RECORDED EXEMPTION N2 ROAD T7N, R67W Raw. 0807-6- I-RE 367 >t , k! '( " ."ii`F .' 4;;'''�1r I. r i k,.,11',1,-,,,,H."--4:,.i..",:� •i a ` '4;a r $ } "3 �! f CL1 i., viii .,4 -✓iiiai ' 1' "S IR . Ii'l.r R k'y w.d, fl ,''14 -.1, as ,y bu.� � ,..,,,, x `' }} LOT A 9.` • . 1\lic . ...-/- ''''IN Cs .N .: p 4k1 w* ,' ti,,;',N. 0 1 . .4): , ✓a:i.,{c fk.'i N 4fl .,t LOT ‘Al ' 'N i° w • . %., LOT 'B' CONTAINS p _F p /..,x10.893 ACRES/4 K J �' 4. MORE OR LESS, Pi Q 3 �. �'. O GROSS fin .. • �p 5,•,-,,,,••••,•,•• •,,,o-,e3�' 4 ,°. 1 �. ' J' I i 4: f - 1pc 5^r3 ' 1 ,w" ,34}'' °"yt;n.� Y4�N.+,' k'�,: W 4,•,,,t,;:,,,,,,,,,y — _ ",.+ : Ort"h :E .•r " .m' r44' s.ii.... . ' / VICINITY :. N W MAP o ' SCALE:•I' 20001 1^•• N . • .a "•, ^ru� ' � t wO tl g I y ' ii° ti '•,1r ; 'lh - "r•sys'. Irr l lk:. ' . _,L , + 6:f°"�'sup Jw+v', '� 7i.Al cift E 40' � i SCALE : 1: 2OO' • 3 S. fin s 87°07.44"W 0 295.11' o N 87°07' 44"E 844.96' 0 N LOT NB' u; cn ''''''.0014,41..3"4 ; - t`,', ' 'CONTAINS 26:478 ACRES, 11,":J:',"'''''''''' J ,Li",-, ... „,,70,= a. ws, , •'''"• " MORE OR LESS,GROSS 'a ti , „ " ' • �,. y 0 0 0 3 'v 0 O 0 . .i. C 1/4 COR. SEC. 6, t, T7N, R67W 1.173.46' SOUTH LINE NE 1/4 "�Rslrte , SEC. 6,T7N,R67W 4 SHEET 1 OF 2 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI I C. COLORADO January 29, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #367 Dear Commissioners : The attached application, plat and related items are in reference to a request for a recorded exemption from Dr. and Mrs. John Shepard. The property on which the recorded exemption is being requested is described as Pt . NE* Section6, T7N, R67W of the 6th P. M. , Weld County, Colorado. This property is located two miles north of Colorado High- way 14 and one mile east of the Larimer/Weld County Line. The pro- perty contains approximately 37 acres of Class III , IV and VI non- irrigated soils. The request is to split the property into parcels of 10. 393 acres and 26. 478 acres. The Shepards desire to sell the 10. 893 acre parcel which includes an existing residence to Mr. and Mrs. Derin Carmack who originally owned the property and the home. The Shepards intend to improve the balance of the property by build- ing a residence, developing a small pond, and bee keeping. On October 11 , 1978, the Board of County Commissioners approved a re- quest from Dr. and Mrs. Shepard for a lot size variance so that they could make application for this recorded exemption. At the time they 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 that letter for denial is included in the attached materials. Nothing has been received by our office that would change our recom- mendation for denial of this request as outlined in the letter to the Board of County Commissioners dated October 11 , 1978. The required road frontage in the Agricultural Zone District is 180 feet as set forth in Section 3. 14 of the Weld County Zoning Resolution. • Board of County Commissioners Page 2 January 29, 1979 This request, as presented, would have only 40 feet of road frontage on the proposed Lot B. However, on January 25, 1979, the Weld County Board of Adjustment granted a variance of 140 feet from the 180 foot of required frontage. Respectfully, for Thomas E. Bonn Zoning Administrator CC/csd I)I PAH N I OI PI ANNING SERVICE PHONE (3031 3564000 EXT.40. 915 10TH STREE GREELEY,COLORADO 8063 COLORADO October 11 , 1978 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: LSV-74 Dear Commissioners: The attached letter and related materials are in reference to a request Dr. and Mrs. John Shepard for a Lot Size Variance. The property is described as Pt . NE* Section 6, T7N, R67W of the 6th P.M. , Weld County, Colorado. This property is located 2 miles north of Colorado Highway 14 and one mile east of the Larimer/ Weld County Line. The property contains approximately 37 acres of Class III , IV, and VI non-irrigated soils. The request is to obtain a variance from the minimum lot size requirement , Section 9-4 A. (6) , so that they may make application to apply for a re- corded exemption . Section 9-4 A. (6) of the Weld County Subdivi- sion Regulations states : "The original tract or parcel of land to be divided under this Section meets the minimum lot size require- ment established by the Weld County Zoning Resolution ; variance from this requirement being allowed only upon good cause being shown to the Board of County Commis- sioners or where said tract or parcel of land lies within the Comprehensive Plan area of an existing in- corporated town of Weld County (Revised 4-17-74) . " If the lot size variance is granted, Dr. and Mrs. Shepard will proceed with their application for a recorded exemption to divide the property into two parcels. Dr. and Mrs. Shepard desire to sell 12 acres more or less which will include an existing residence to Mr. and Mrs . Derin Carmack who originally owned the property and home. The Shepards intend to improve the balance of the property by building a residence, developing a small pond, and bee keeping. 4t / I Board of County Commissioners Page 2 October 6, 1978 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 . The proposed request does not comply with the Weld County Com- prehensive 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 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 continue to be the predominant land use. This district is intended to discourage encroachment of incompatible uses upon the agricultural land in a district , to en- courage 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 Comprehensive Plan. " This request 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 be promoting the divi- sion of agricultural land into smaller, less economic parcel sizes. 3. This request is not in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states : "The intent in establishing the recorded exemption p procedure is to provide, in accordance with the Weld County Compre- hensive Plan, a means whereby nonproductive agricultural lands may be developed for higher and more productive uses insofar as such uses are compatible with surrounding agri- cultural uses in .areas where such land divisions are pro- posed. (Revised 4-17-74) . " The proposed 25 acre parcel has no improvements. If this re- quest is approved, it would allow a set of improvements to be built on the 25 acre parcel , and therefore, create an urban encroachment which would be noncompatible with the Agricultural Zone District . 1 Board of County Commissioners Page 3 October 6, 1978 4 . The minimum lot size in the Agricultural Zone District for non- irrigated parcels is 160 acres. The intent is to maintain tracts which are large enough for farm purposes, and to insist in the encouragement of agricultural uses as the highest and best use : of the land. This request is in violation of that intent . Re_pe' tfullly, ^ l homas E. Honn Zoning Administrator TEH:csd X 4 LEA � 7 APIL_.CATION FOR RECORDED EXEMP , ,ON • PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . APPL . FEE j(� -- ZONING DISTRICT y cv,Aktm,' RECORDING FEE DATE 7 �Z,Q/vb RECEIPT N O . /00 -)/ APPL . CHECKED BY Cjs.. 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 : Beginning at the North 1/4 corner of said Section 6; thence along the North line of the Northeast 1/4 of said Section 6 N 37°47'35" E, 335.00 feet; thence S 00°25'06" E. 1716.32 feet; thence N 37°07'44" E, 344.96 feet; thence S 00°00'04" W, 395.50 feet more or less to the South line of the Northeast 1/4 of said Section 6; thence along said South line S 37°07'44" N, 1173.46 feet more or less to the center 1/4 corner of said Section 6; thence N 00°25'06" W, 2615.40 feet more or less to the point of beginning. Subject to a 30 foot wide county road right-of-way along the North line of the Northeast 1/4 of said Section 6 and all other rights of way, easements or restrictions as now in use or on record. A tract of land situate in the Northeast 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described above. Considering the West line of the Northeast 1/4 of said Section 6 as bearing N 00°25'06" W and with all bearings ontained herein relative thereto. ACREAGE : Lot "A" 10.393 acres ; Lot "8" 26.473 acres ; Total 37.371 acres Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No xx Are there any existing improvements on Lot A? Yes xx No Lot B? Yes No xx FEE OWNERS OF PROPERTY : Name : John and Riitta Shepard Address 1625 N. Cty. Rd. 1 Phone 434-9537 Name : Address Ft. Collins. Co Phone Name : Address _ Phone North Weld County WATER SOURCE FOR : Lot "A" Water District ; Lot " B" Same as "A" TYPE OF SEWER FOR : Lot "A" Septic system Lot "B" Septic system PROPOSED USE FOR : Lot "A" Present home ; Lot "B" New home 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 STATE OF COLORADO ) Signature : wner or Authorize$ gen t Subscribed and sworn to before me this 13th day of December , 1978 . SEAL L 'i7/ i _ fc7cc Notary P}r61 i c 4-24-82 My Commission expires : x • • SHELTON AND KINKADE • ATTORNEYS AT LAW THE LAW !WILDING - 1011 ELEVENTH AVENUE P. O. BOX 320 GREELEY, COLORADO 80631 JAMES H. SHELTON JOHN W. KINKADE 303 - 332-0073 August 24, 1978 Board of County Commissioners Weld County Centennial Center Greeley Colorado 80631 Dear Commissioners: Please be advised that our office represents JOHN S . SHEPARD and RIITTA A. SHEPARD, of 1625 North County Road 1 , Fort Collins, Colorado. Dr. and Mrs. Shepard are requesting a lot size variance in order that they might--if the lot size variance is granted--apply for a Recorded Exemption. Dr. and Mrs. Shepard purchased the property on the 21st day of December, 1977, from R. Derin Carmack and Rita J. Carmack. The Carmacks moved from the State of Colorado to the State of Kansas at that time. It is now the Carmacks' desire to return to Colorado for business reasons, and they would like to purchase a tract of land from the Shepards including their original home. The Shepards would be happy to sell their home back to the Carmacks and build another home on the property owned by the Shepards , in the event a lot size variance and Recorded Exemption can be obtained. The general map enclosed shows the intended division of the property into two tracts , Tract A and Tract B, Tract A containing 12 acres and Tract B containing 25 acres . Tract B is a piece of property that is not formable, and it is the desire of the Shepards to build a house on Tract B, with an easement running from Tract B to the County Road 86 right-of-way along the east edge of Tract A. The Shepards intend to improve Tract B by developing a small pond on the eastern side of Tract B and by using the property for bee keeping purposes. Dr. Shepard is a licensed bee keeper in the State of Colorado. The purchasers , Mr. and Mrs . Carmack, raise horses, and would usee- —._ cfp A'ti AUG 1978 ?3 !co c' RECEIVED N Weld COCPi1 Co ton A %atrial ol • 'Board of County Commissioners • August 24 , 1978 (Shepard-Carmack) Page Two pasture land on Tract A for the purpose of raising their horses. The tract of land owned by the Shepards is surrounded by other small acreages, including some acreages as small as five acres . It is felt by the Shepards that the division of the property would not substantially change the existing use of the property and would, in fact, provide a better use of the property. Please find enclosed the general map of the proposed separation for Recorded Exemption, a copy of the applicants' deed, and a copy of proof of domestic water for an additional residence on this land. Thank you for your cooperation and consideration. Sincerely, SHELTON AND KINKADE� O W. Kinkade JWK:mas Enclosures J August 28, 1978 Weld County Commissioners Weld County Courthouse Greeley, Colorado 80631 Dear Commissioners: I, John Shepard, am applying for a lot size variance and an exemption on the acreage described in the attached legal description. There are some subjective factors and some objective factors to consider which I will try to outline in this letter. The land in question, which is outlined in red on the two enclosed photos, consists of approximately 25 acres. This land at present is not being farmed for the following reasons. I contacted two farmers in the area this spring. Both refused. One stated that the land was impossible to irri- gate in its present condition, and the other stated that due to the multiple contours of the land and the difficulty of making multiple water sets that he would not be interested in farming the acreage and suggested that I plant non-irrigated grass. Also, note on the photos the continuation of the slew below my property to the south. It is also not in crops because of the steep hillside and marshy areas. But at the same time, note the irrigated crops all around this property. In actuality, I possess the land that is the drainage for the sur- rounding crop lands. Although it is difficult to visualize the contours of this land, it all slopes very abruptly into the slew area, leaving me with an acreage that would be impossible to irrigate without using a major sprinkling system. Also, since the slew effectively divides the property, I cannot get farm equipment over to the opposite side even if I desired. Therefore, my neighbor is now pasturing it from his side of the slew. I have personally checked with Chuck Urano, extension agent for my area, and the soil that we sampled needs a tremendous amount of build up due to its poor nature. All of these factors possess me to pursue the avenue I am pre- sently taking; that is, to sell my present home to its former owner and build my residence on the 25 acres. Also, with my farm background and agronomy and horticulture training, I plan as a corporation to place greenhouses on the property in order to make the land of use. J Page 2 Now to relate the subjective aspects of the case. My personal feelings are that we are not taking any productive farm ground for development since it is not and has not been farmed in the past eight to ten years because of the above-mentioned reasons. Derin Carmack, the original owner, sold the property to me when he joined Campus Crusade as a personal representative to Bill Bright, the president. He has subsequently returned to Weld County, where he was previously a resident for five years, to organize a new Christian ministry. lie would like to buy back the home he personally built. As a former junior high principal , he appreciates the Windsor School District and wishes his children to continue their education there. I also wish my children to continue their education in Windsor, and since I have had other business relationships with Mr. Carmack, we thought to divide the property and build a home would be a solution to our problem as well as being able to pursue the greenhouse business together. As you well know, this is a business that requires 24 hours a day attention during different growing cycles , and we would operate them as a two family company enterprise. I also am a licensed Colorado beekeeper, and I would like to continue keeping my bees in this area. Thank you for your consideration and I hope that this meets with your approval . Respectfully John S. Shepard 1625 North County Road No. 1 Fort Collins, Colorado 80521 JSS:lo Enclosures KEY TO PHOTOS A. Continuation of Slew - None of which is fannable B. Slew and Cat Tails C. 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S . ,a 4 r1 c EXHIBIT A PARCEL #1 : A tract of land situate in the Northeast Quarter (NE 1/4) of Section Six (6) , Township Seven (7) North, Range Sixty-Seven (67) West of the 6th P.M. , County of Weld , State of Colorado, being more particularly described as follows : Considering the West line of said Northeast Quarter (NE 1/4) as bearing North 00°25 '06" West, and with all bearings contained herein relative thereto; Beginning at the North Quarter Corner (N 1/4 Cor) of said Section 6; thence along the North line of said Northeast Quarter (NE 1/4) , North 87°47 ' 35"East, 335. 00 feet; thence South 00°25 ' 06" East, 1607.16 feet; thence South 87°07 ' 44" West, 335. 06 feet, more or less, to the West line of said Northeast Quarter (NE 1/4) ; thence along said West line North 00°25' 06" West, 1611. 04 feet, more or less to the point of beginning. PARCEL #2 : A tract of land situate in the Northeast Quarter (NE 1/4) of Section Six (6) , Township Seven (7) North, Range Sixty-Seven (67) West of the 6th P.M. , County of Weld , State of Colorado, being more particularly described as follows : Considering the West line of said Northeast Quarter (NE 1/4) as bearing South 00°25 ' 06" East, and with all bearings contained herein relative thereto; Beginning at a point on the West line of said Northeast Quarter (NE 1/4) which bears South 00°25 ' 06" East, 1611. 04 feet from the North Quarter Corner (N 1/4 Cor) of said Section 6 ; thence continuing South 00°25 ' 06" East, 1004 .36 feet, more or less , to the Center Quarter Corner of said Section 6 ; thence along the South line of said Northeast Quarter (NE 1/4) , North 87°07 '44" East , 1173 . 46 feet; thence North 00°00 ' 04" East, 895 .5.0 feet; thence South 87°07 '44" West, 844 . 96 feet; thence North 00°25 ' 06" West, 109 .16 feet; thence South 87°07' 44" West, 335.06 feet more or less to the point of beginning. , BOARD OF DIRECTORS L. E RNEST TIGGES _�J� ""/ NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH • ROBERT ALKIRE V HIGHWAY 85 LUCERNE. COLORADO 80646 GARY $IMPSON TOM REED LYLE NELSON, MGR. P.O. BOX 56 • PHONE 356.3020 • July 20 , 1978 • RE: Water Service, Dr . • John Shepard Dear Sirs: This letter is in response to your inquiry regarding water service to the following described property : Sec . 6-7-67 Meter # 1191 1 . x___ Water service is presently being provided to the above described property . 2. X Water service can be made available to the above • described property provided all requirements of the District are satisfied . If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void . Additional comments : • Sincerely , • NORTH WELD COUNTY WATER DISTRICT 74.--=—_--( . 2,,c., Ly�e .D. Nelson , Manager LDN/rr • • • K' Y'-3 ` .'..:„ ,. ; ' i.J .,r ='-.14 --,-",;:::' p, . , .,-: .....b.-1. "Y'4"I0, w ',. 53M-cc 55B 6 - 1 . 67 x'53c ` ac + LSV 7 X-c3-B " 53D X.53B } JY- • tR Wax .Um ., $1fn ...z. :w•S�X . OLD # NEW it -1.Witt GA-rE D !Opp ZR.Qi 6-ATE p -31-As • 'ffEwI -- ti - q x-53 6 > 3t2 h .. a ,,; 1Ze Y, ' fr,�'i X • 53 c ,, s..: -rfte n ,e )C-53 D 31- p ' •53MCD 3g aE-- 'SE ULe-- ac 'i t. , • % -55 8 5 — al . $ -55C 6 _ • III- ;.. - ^t,- "... :, . .• `'J mtmoRnnDuri WilP�. To Planning Commission Dare October 4, 1978 COLORADO From Gilman E. Olson, Subdivision/Utility Administrator Subject: John S. Shepard and Ritta A. Shepard - L.S.V. There are no engineering problems anticipated by this request. i ypCj7�//, Gilman E. Olson Subdivision/Utility Administrator Weld County Department of Engineering GE0:sar /c�\ 2 4563 OCT 19%6 Psll . �- j RECEIVED .'i ca' Weld County , %amnia is Commissiao �- \6 N `4.0e6l8l�0 PIh;I,U cum: 1- FILING NIIMMI : LSV-74 DATE OF I N:n'I':C'I' I ON : 9/29/78 NAME : John Shepard REQUEST: Lot size variance LEGAL DESCRIPTION : Pt . NE* Section 6, T7N, R67W LAND USE : N Agricultural E Agricultural Agricultural y; Agricultural ZONING : •N Agricultural LOCATION : 9 miles north and 1 E Agricultural mile west of Windsor S Agricultural 14 Agricultural COMMENTS : The property currently contains one existing residence. A large part of the south end of the property contains a slew area. The property is very rolling. There is one existing access to the property from County Road 86. The property is presently not being irrigated and ' appears to be in pasture or grassland. There are several small acreages located in the immediate area with several residences. BY : Assistant Zoning Administra `� ' ` 11 y� to :4'1;4144' I ' * ( f ` f W U 1 <, 4 .r;'r✓M ` Q. 'T° L , ' 1 1 - 0 t. , r ye> Y11 w. x .. i. • r^ :^igF r"}; - Tt_ R' y,T�+lr .1 m , 'iS J y1'4- r 3•� a e, ! P, r `�. s n ' . s aps , ‘, t k _ � . - a X34' -` '` �t�q,' .� . .,_ -Y ,Vs ,, • - _ �afy, .' • a a tt t'''1,,::,..-z-:-! v Y. "' T. •:SYf ,;it'' " ��k�r —f 9., Mfr 1 y oYID i -�' k Via" l}�1 .. S V 9 2 tl 7 (�iG ,_ ,,.. W�.$ �..�.....rr�1 "�"cT ,+/met-'K,o }. , x ' f r .4 r xtk ,A r i • �'k . a9a � ` v +*' s 1 Ike i G� d. ..':S. ' max. , k k y 1, vy ..,•�.- K,, 1, y �� 1 `d 1t. gc _ A."7:. '''S.:,414_,7, 4Ity ' 4.' .lei, ::t r -.Id ..`.. t i • 3=' —'f'" -' ' �'.Y. ,Y�� J __ p ti'ekR,,'yutiyt _ `�t1 '�.4 - `01 t . Rr F+w ...T4 y *+WP " , ' 9 1_I kII` qp ;i; .� Y l ' i(r 1, .* f.. �•� . j li 11J1� 1y 4' A iv IY/ / / // G HOARD OF HEALTH e County I feal/th Deportment IIAVIII WINKING IIIIS (Amplry MANSE IN I) YUDI Ii, MI), MPH WILI HAM KX eP'n puede. ISIS OGPIIAI ROAD III Cs II DCNil3 I,If KC. G�mly GREELEY, COLORADO 80631 A M DOMINGUEZ. JR . J D GreMey ANNE I If M I OPE7. Greeley 19ID1:erThr l0 1 RANK MYI AS, M P II WmQVOt • IIERSCHEL PHELPS. JR.. M D (Smiley Op, 1978 KAFHI FEN SIIAUJGHNESSY. PHN. Ault September 28ARTHUR Gallm WATSON.WA15pN, ilk Gary Fortner, Director Planning & Zoning 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Lot Size Variance as requested by John Shepard, has been reviewed by Environmental Health staff and the following comments are submitted: 1 . Due to the contour of the ground and the . probability of high groundwater, this property may not be suitable for a con- ventional septic system. However, no accurate determination can be made until a soil percolation test is performed. Sincerely, dt# J6 .n G. Hall , M.P.H. , Director Environmental Health Services JGH:dr 25262728e,gi 'V S Obi FP 1918 w CV CF7i, P iv nye :2 tiskr s�Piet z��°` � 4 1 ,, / . 7113 weld County Road 86 Fort Collins, CO 805214 January. 12, 1979 Tot Weld County Commissioners Board of Commissioners Re: Arplication to Subdivide by John Sheperd Dear Commissioners: It concerns me somewhat that '!r. Sheperd vri ;hes to subdivide. From all observations of the past concerning that property, and his attitude, and that of '.1r. Car-lac, I have great trepidation about their motives. Tt is my opinion that it might not he in the best interest of the neichborine land owners, nd I would not he in favor thf it. Drs. .ary Hodrtes / X61118192 :e' r-- JAN 1( ',I 1979 RECEIVED m SPY cog welt cooly L. �) 6: Planing conissin �O nREEF-F... C . , . ��ry • . N 4'." Pn c'l' ♦ r 4J 4 y �,.,ro 1'P Yt ^:.�.. ' x ,q� L'�', � � �in*�NN"3 '�Cb'i"S-'m+"* V',��w�' t"�2* s.m F _ " '�'• �'� k •?N3 r aj'Iq d�xp•o0P w$a � R i �t t� 'c. y ,-. r 's 6c..• tte w « C 7113 Weld County Road 86 Fort Collins, CO 80524 January 12, 1979 To* Weld County Commissioners Board of Commissioners Re: Application to Subdivide by John Sheperd Dear Commissioners: It concerns me somewhat that Mr. Sheperd wishes to subdivide. From all observations of the past concerning that property, and his attitude, and that of Mr. Carmac, I have great trepidation about their motives. It is my opinion that it might not be in the best interest of the neighboring land owners, Rnd I would not be in favor &f it. / Mrs. Gary Hodyy / W(:4 Cil&Ty Yi1I'"``9 :1 itc__________ n C '' • Ii ' JAN1g 1974 GREELEY. COL°. 431891*/ "' JAN 1979 r rQ January 5, 1479 RECEIVED Q Weld Comity —. c- Planning Cemmissla qo weld County Com;.is::ioners, �� 9Z5ztiZ Z22�ti we are writing in protest to the further division of rural property as proposed by ;shepherd and Carmack. Lccording to an article in the Greeley Tribune, they are proposing to Guild a gre_nhouse as well as another home, since, in their opinion the _round is not fit for farm ground. There are many reasons w!.y we are a :ainst this move. First of all, when Carrack lived on the property originally he did very little to atintain the ground, therefore it has become a sevare weer problem, particularly canadian thistle. Thanks to our lax county weed control district, these type of people are not forced to control their weeds, therefore, those of us .;ho are farmers are left to fight their mess after it blows into our fields or saturates our irrigation ditches with seed. This not only is very agravating, time consuming, but very expensive. These gentlemen stated the ,_round is not fit to farm. Perhaps history can eive you a more accurate picture in respect to that statement. Many years back Mr. Kemp farmed the property and was known for his popcorn crops, John McClure farmed and raised his family there, Louie Aarnock managed to see it as farm ground and even rented it to me to farm, and Harold Pfeil farmed the whole place until he sold the quarter section to Carmack and moved to another farm. These people all made an honest ef. ort to maintain the farm :;round because their livelihood depended on it. since Carmack sought and divided the farm it is a different story entirely. Fortunately, some oe our new neighbors are interested in maintaining their acreages and try very hard to be an as_et rather than a hinderence to the neighborhood. salt, speculation and money seem to be the drivinm force for Carmack, and this current land division is another example. Granted, the property in question is a mess, but only by :is own masing. The water isn' t there because he sold slot of it off, it is difficult to irri ate and farm because lane, drive-ways, and houses are now in the way, it is full of see_: and weeds, because he and shepherd haven' tdone anythim_ to prevent it. suildin a future greenhouse in our opinion is only a gimmick to Fret a building permit for another home. It seems the people in field County who farm and need to be in the country are being pushed further to the side to make room for money-hungry speculators. ,,e are enclosing a copy of a letter we received in regard to this development several years eco. Please note the underlined parts. Tie sincerely -.ope you understand our feelin -s as well as our other concerned neighbors and deny this further division of this property. sincerely, Mr. and Mrs. Richard child • • DEPARTMENT OF PLANNING SERVICES L _ WELD COUNTY CENTENNIAL CENTER 915 10t 915 10th STREET GREELEY,COLORADO 80631 GARY Z. FORTNER DIRECTOR OF PLANNING OPHONE (3031 356-4000, EXT.400 • COLORADO February 18, 1977 Mr. and Mrs. Richard Schild Rt. 2, Box 177 Ft . Collins, CO RE: Status of properties located in the El of Section 6, T7N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Schild: This letter is in response to your letter dated February 7, 1977 in which you inquired about the status of parcels of land located in the El of Section 6. Please refer to the attached map. For each parcel delineated, the following information is provided: a. Last name of current land owner of record, b. Approximate acreage, c. Month and year the parcel was created, and d. Parcel number. Before reviewing the individual parcels, a brief explanation of the State Statute and the Weld County minimum lot size re- quirements would be in order . The State Statute (referred to as Senate Bill 35) requires some form of subdivision procedure be approved by the Board of County Commissioners for any parcel of land created after August 30, 1972 which is less than 35 acres in size. If parcels of land are created, all of which contain more than 35 acres, then the State Statute does not come into effect. Subsequent to the adoption of this State Statute by Weld County, the Board of County Commissioners , on December 23, 1973, adopted minimum lot sizes of 80 acres for WELD COUNTY COMMISSIONERS GLENN K. BILLINGS VICTOR JACOBUCCI ROY MOSER NORMAN CARLSON JUNE STEINMARK Mr. and Mrs. Richard Schild February 18 , 1977 Page 2 irrigated land and 160 acres for dryland in the Agricultural District . The purpose or intent of the adoption of these minimum lot sizes in the Agricultural District was to pre- serve agricultural land and to maintain parcel sizes large enough such that they can more economically be put to agri- cultural uses. A parcel of land created after December 23, 1973 which is in excess of 35 acres, but less than the mini- mum lot size in the Agricultural District (80 acres irrigated or 160 acres non-irrigated) is not an illegal lot ; however, before a building permit for a single family residence could be issued by our office, the individual owning the property would be required to obtain approval from the Board of County Commissioners for a Conditional Use Permit for the residential development. Essentially, to obtain approval for such a Con- ditional Use permit , the applicant must show how he would be promoting agricultural development even with the development of a residence on the property. The following is a brief review of the nine existing parcels located in the El of Section 6 and their compliance with sub- division regulations : a. Parcel 027 currently owned by Carmack which was created as a lot in its present configuration and size in June, 1973 is an illegal lot since a parcel (024) which is less L han 35 acres was severed from this parcel after the doption of Senate Bill 35. b. Parcel 036 currently owned by Blinde and parcel 037 pre- sently owned by Boyers are both legal lots since they were created through the proper subdivision procedure after the adoption of Senate Bill 35. The Board of County I Commissioners approved the creation of these lots in August of 1975. c. Parcel 025 currently owned by Leach is a legal lot even though it was created after Senate Bill 35 because it con- tains more than 35 acres. Also parcel 025 was created prior to the adoption of the 80 acre minimum lot size for this irrigated parcel. d. Parcel 024 currently owned by Russell is an illegal lot since it was created after Senate Bill 35, it is less than 35 acres, and it did not go through the proper subdivision procedure. Mr. and Mrs. Richard Schild February 18 , 1977 Page 3 e. Parcel 021 currently owned by Mullins , parcel 006 currently owned by Winick, and parcels 005 and 007 currently owned by Kimberling are all legal lots since they were created prior to the adoption of Senate Bill 35. In review, all of the parcels in the El of Section 6 are legal lots with two exceptions: a. Parcel 027 currently owned by Carmack consisting of 38 acres, and b. Parcel 024 currently owned by Russell consisting of 10 acres. Carmack sold Russell parcel 024 in June, 1973 . Under State Law (Senate Bill 35) , a violation of the statute can only be pro- cessed as a violation if it is discovered within 18 months of the transaction ; i. e. the statute of limitations runs for a period of 18 months. Since more than 18 months has expired, then Weld County cannot prosecute Mr. Carmack for an illegal sale of pro- perty. However, our office will not authorize the issuance of any building permits on either parcel 027 or 024 to comply with Section 13 -(&)-(1) Of—the Wetd -County Subdivision Regulations. Said section states: 5 "Building permits, for construction on land divided in 7 an illegal manner subsequent to the adoption of this Resolution, shall not be issued unless reviewed and 5 approved by the Weld County Planning Commission and the Board of County Commissioners. (Rev. 4/17/74)" I hope this answers your inquiry. I would be pleased to discuss this matter further if it needs clarification . If needed, please contact me by phoning 356-4000 ext . 404. Respectfully, Ken McWilliams Assistant Zoning Administrator KM/pr cc June Steinmark, Chairman Board of County Commissioners n n \ ----_ __ A- C-( C 6 7-74i' A7 7 i \C' I-C I 037 0 al r-pine k ;38-a c, it Tune, 1973 027 a 8 17note Pater i O2tS 7'iae , H5 , ly 5 O::a6 — '3 Oryet5 506 In, eei 077 I0 ter-( C`) 1 /471-1.5.471-1.5..31; 7$ — — 1,_ VD (.? ver: l Clze, 1 Set]r) 197_3 /iu !sell 10a° .TLCAe_ 1973 6) 1 l c: t1 i;i.; �' —7 e-� 1 r '� oree° ( O06, (/,// ++ 00 •J --.-- bro.} / 14.7 ---......„` lc di n ie. X ce ,....,..... :TA, ,toe, y 1 , tc l e ( CC' jYe,c . Tc it; , /9 6 '7 1 I I I ( ten --fry .--,O n7n.l ss / ont/S John-L SJ 1 17 A evils di) fr )l c a b o n, 10 5-14A ch ✓i cJ L ►�c a/c �"anntis and land oWneYS con_ — 7 — 67 kV `121a, ed 'kit le/ 15 dna' / ht ( nn undc►' Cal"( °Wntrsii f tvr* Sf Count' s ( WC aye Cok Centel AcC accs ( Sec) oy4- ?wt./s d , are(Cu.) I ky3 ) 5c01,0�,o n On] is in /eitSoftAnnod Wt Coed 7"ict ±Aev d l cve /o mncn.� 11/, l/ 4fln4 7nOtt ? Co frlc Ono con fhc+ wt Pk ea'i s7ixq W &+c✓// /ncS 4 ndi1 c1 es "7-norc Cdy /Y a76C� Uvtee/ py obi cn S a•c/ / s nal cOrnpaJ /61,1c wi / i d ✓ta. �) iso • lAis Would scy ✓,c 7% 5c dia ¢c✓c%mtxh in no corder TasL/ox- 45 1T /5 no+ c/05c 7m y otAcr clQ ✓clopmen* I tir 7r 5 itc c�c Ce/ � c/�e/ G.31 fr/c/c Color-fry go cl' /3 Pi , 6/o 80.E-027 Lp ?!� " A(1 ' S' >*a 97-)C- C)t c PE LL- a--e' e, .-• .ems- z� _ar_ <C. _ C ,t � � - > -4 . u,,w.-✓ „v s4:.�.f W�a -�"' 4 - ' ' .mss-•--c- -iF�-"-'�G' `^-� • 'F-i c ys w.-e.c 4. /Car, ti`ls aos.3_4- Wig` ttp 25 January 1979 Caa taggSaill Weld County Commissioners 915 10th Street Greeley, CO 80631 Re: John Shepard' s Application to Subdivide Dear Commissioners : We are opposed to the passage of John Shepard' s subdivision application. The encroachment upon agricul- tural land and the lack of services in rural areas should be given major consideration before deciding on this application. The regulations set down by the State of Colorado and adopted by Weld County were obviously made to limit the division of agricultural land. The area in which we live is very fertile farm ground, as evidenced by the number of successful farmers who live and farm in this area. The granting of this application would seem to open the door to breaking up this good farmland into nonproductive lots. The roads which service this area are not paved and even though granting this petition would only increase the traffic by one family, future applications , which would certainly be filed if this application were granted, would increase the dust and traffic to an excessive level . A bit of history on this quarter section may be in order : Mr. Darin Carmack purchased this 160-acre farm approximately seven years ago with the intent of dividing it into small rural lots. A 10-acre and a 20-acre parcel were sold prior to the adoption of the state regulations which limit lot size in rural areas . Soon after the adop- tion of the land limiting regulations, Mr. Carmack sold an additional 35-acre lot which shortly after the purchase was reduced to five acres for so-called hardship reasons. Mr. Carmack subsequently sold his home and 37 acres to Mr. Shepard. This 37 acres is now the parcel for which the application for subdivision has been filed. It is our understanding that Mr. Shepard intends to resell Mr. Carmack his previous home and ten acres and build a new house for Weld County Commissioners 25 January 1979 Page 2 himself on the remaining 27 acres. This could certainly lead one to believe that the land manipulation was done to circumvent the land limit regulations. It should also be pointed out that a 40 ' wide strip approximately 500 ' long must now be used as a road to access the remaining 27 acres . This would remove that land from productive status and allow the owner to dedicate this strip as a public road enabling an obvious division of parts of the land into small lots at a later date. It is our understanding that the main reason for requesting the subdivision variance is that the land is nonproductive and nothing but weeds. It should be noted that, prior to Mr. Carmack ' s purchase of this land, it was very productive and the only reason for all the weeds now is total neglect. We hope that the Weld County Board of Commissioners will see fit to deny this application and try to maintain Weld County as one of the richest agricultural counties in the U.S . Sincerely, spi<daiyAtaz-- Keith and Wendy Mullins 41545 Weld Co. Rd. 15 Fort Collins, CO 80524 January 25, 1978 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Dear Sirs: We are writting with regards to the proposed zoning variance requested by Mr. John Shepard and/or Mr Derin Carmack, on a parcel of land located 2 miles north of Highway 14 and 1/2 mile east of the Weld/Larimer county line. We are property owners of adjoining land and are opposed to the variance requested. We purchased our property 1 1/2 years ago because we wanted to be in an agricultural area, and we are using it for this purpose. Also, the increased traffic caused by this proposed subdivision would go right past our front door and cause problems in that respect. It is our understanding that this area was originally subdivided by Mr. Carmack from a 160 acre farm into 40 acre parcels and that he has requested and received variances in the past to split various of these parcels down further so that at present there are 5, 20, & 35 acre parcels. We have also been told that the new zoning cannot be changed again forat least 10 years. Since this hasn't held true in the past we anticipate further requests in the future that would eventually lead to this area becoming a high density population area. We do not want this to happen. It is also my understanding that they have stated that there is not sufficient water available for farming this area as intended. There is a four acre resevoir on the property with irrigation rights out of it which, if cleaned out would provide water. I also believe if they don't have water for farming they don't have water for increased families in the area. We hope you will take these things into consideration when you consider the proposed variance, and, therefore deny it. Thank you. Sincerely, itrl 77`t RECORDING DATA - MAPS I PLA , _ NAME OF SUBDIVISION Recorded Exemption 40807-6-1-RE 367 NAMF OF SUBDIVIDER John S. a Riitta A. Shepard Pt NE4 $6, T7N, R67W of the 6th P.1. , Weld County, ,o1orado. LOCATION OF SUBDIVISION FEB 1 1979 BOOK 859 RECEPTION # 1780521 DATE OF RECORDING _ MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY: DEPUTY COUNTY CLERK & RECORDER Hello