HomeMy WebLinkAbout790817.tiff •
RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 392 - RONALD AND MARIA
JURGENSMEIER.
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 23rd day of May, 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. 392 , being the property of Ronald and Maria Jergens-
meier, described as Part of West 489 feet, Northeast Quarter
Southwest Quarter of Section 11, Township 5 North, Range 65
West of the 6th P.M. , Weld County, Colorado, being more parti-
cularly described as follows:
The West 489 feet of the Northeast Quarter
of the Southwest Quarter of Section 11,
Township 5 North, Range 65 West of the 6th
P.M. , County of Weld, State of Colorado
EXCEPT parcel described as follows:
Beginning at the Southwest Corner of the
Northeast Quarter of the Southwest Quarter
of Section 11, Township 5 North, Range 65
West of the 6th P.M. , thence East 339
feet to the true point of beginning; thence
North 290. 4 feet; thence East 150 feet;
thence South 290. 4 feet; thence West 150
feet to the point of beginning.
does not come within the purview of the definitions 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 Subdi-
vision Regulations.
790817
•
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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 Ronald and Maria Jergensmeier be, and
hereby is, exempt from the definitions 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 23rd day of
May, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
A
ATTEST: ../ �LL
g
Weld County Clerk and Recorder
and Clerk to the Bo d
FOY: C-c-wu� C_ C __ 'C�(Y-A-�1��—
eputy County Cl rk /
Ci9)1.7 AS TO FO
County Attorney
DATE PRESENTED: MAY 30, 1979
. 4 VO.QI>ED E„EM.'T/ON N_9 09..1- 11 -3 - RE 392
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. • .QEraw4O1:9 E-I'E�l.40l/ON /VS 0961 - 11-3 - RE 392
LEGAL DESCRIPTION 4, 4finf ii
The West 489 feet of the Northeast Quarter (NE' ) of the Southwest Quarter (SW4)
of Section 11 , Township 5 North, Range 65 West of the 6th P.M. , County of Weld,
State of Colorado EXCEPT parcel described as follows:
Beginning at the Southwest Corner (SW Cor) of the Northeast Quarter (NE4) of the
Southwest Quarter (SW4) of Section 11 , Township 5 North, Range 65 West of the 6th
P.M. , Thence East 339 feet to the true point of beginning; thence North 290.4
feet; thence East 150 feet; thence South 290.4 feet; thence West 150 feet to the
point of beginning.
SURVEYOR'S CERTIFICATE
I do hereby certify that this plat was prepared under my supervision; and that
the same is correct to the best of my knowledge and belief. ��'T( 1R Fh,,••,
t s r R•.F t
ias:er r- e . 392 : s
olo •do P. E. & L.S. No. 4 ' . 3J *F
� ,may n s
PROPERTY OWNER(S) APPROVAL -r Cif TOO
'-• Olae
We, Ronald S. Jurgensmei'er and Maria Jurgensmeier, being the sole owners in fee of
the above described property do hereby subdivide the same as shown on the attached
map. �/J
Rona d S. J rg sme�er. •
Mara Jurgens er
r1N e
The foregoing certification was acka�w44 d•bert? e this / 911Lday of ,1979.
Witness my hand and seal . EE/' :' AA••p \ 4/...N3`%
My Commission Expires:
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PLANNING COMMISSION CERTIFICATE
The accompanying plat is accepted and approved for filing.
Chairman
7. Bo rd. of County Commissioners
ATTEST: County Clerk
7.
BY « K Lt- OK fr ;r'�clLI�.C.
Dated S7-1,3, 77
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Jtee?se 67g' Pe°erd%2y 79-39
•
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
May 23, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #392
Dear Commissioners:
The attached application, plat and related items are in reference to
a request for a recorded exemption from Ronald and Maria Jurgensmeier.
The parcel of land under consideration is described as Pt . West 489
feet , NE*SW* Section 11 , T5N, R65W of the 6th P. M. , Weld County,
Colorado. This property is located at 2983 East 18th Street , Greeley,
Colorado. This property contains approximately 13 . 914 acres of Class
II and III irrigated soils. (No soils information was available on
non-irrigated soils of this soil type. ) The request is to split the
property into 1.9 acres and 12.0 acres.
The applicants presently live in a residence on the proposed 1. 9 acre
parcel . The applicants wish to sell the 1. 9 acre parcel and build a
new home on the 12. 0 acre parcel. Improvements (barns and corrals)
presently exist on the 12. 0 acre parcel.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the re-
quest be approved for the following reasons:
1. The request is in compliance with the policies of the Weld County
Comprehensive Plan in that to minimize conflicting land uses,
residential development will be encouraged to locate adjacent to
existing towns. This parcel of land is located within the com-
prehensive plan of the City of Greeley. The City of Greeley,
however, recommended denial on this request . The City of Greeley
feels: (1) that flag lots should not be encouraged; (2) that the
Board of County Commissioners
Page 2
May 23, 1979
lot size does not conform to the 10 acre minimum for the 2010
growth ring; (3) there may be some conflict with the airport
influence area; and (4) the gravel mining potential is unde-
termined.
With regards to the above comments, the Department of Planning
Services Staff feels that the physical isolation of Lot A due
to the natural features of the site eliminate the potential for
traditional efficient subdivision development . Lot B does con-
tain existing improvements at present . The size of Lot B does
not preclude mineral development and does conform to the minimum
10 acre requirement of the City of Greeley 2010 growth ring. At
present , the surrounding area is broken into small residential/
rural tracts.
3. For the reasons discussed above, the request is 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
procedure is to provide, in accordance with the Weld
County Comprehensive Plan, a means whereby non-pro-
ductive agricultural lands may be developed for
higher and more productive uses insofar as such uses
are compatible with surrounding agricultural uses in
areas where land divisions are proposed (Rev. 4-17-74) . "
The residential use of this parcel is in compliance with the intent
clause of the recorded exemption procedure because said parcel does
not contain prime agricultural land and is located within the com-
prehensive plan area of the City of Greeley. The residential use
would appear to be compatible with the surrounding agricultural
uses.
4. The proposed Lot A of the recorded exemption does not meet the
minimum lot width required under Section 3. 14 of the Weld County
Zoning Resolution, however, on April 12, 1979, the Weld County
Board of Adjustment granted a variance, therefore, the request
complies with Section 9-4 A. of the Weld County Subdivision
Regulations.
According to Panel #637 of 1075 of the Preliminary Flood Insurance Rate
Maps dated October 31, 1978, the north half of Parcels A and B may be
located in the flood zone. Please see the drawings in the attached
packet.
Respectfully,
Ol CLLL TT c hL,
Vickie Traxler
Assistant Zoning Administrator
csd
APPLICATION FOR RECORDED EXEMPTION '
PHONE 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street', Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY: 4'.
CASE NO . RE. 3CIZ APPL . FEE IJr °-if"-7 '
ZONING DISTRICT Pitecolwro, k RECORDING FEE
DATE RECEIPT-NO . /04'20
APPL . CHECKED BYA tett> 7;*-11
TO BE COMPLETED BY APPLICANT : (Print or type only except for required
• • ' signatures ) :
I (we ) , the undersigned hereby request that the following •desdribed
property be designated a recorded exemption by the Weld County Board p''
of County Commissioners . LEGAL DESCRIPTION :
see attached legal description
ACREAGE : Lot "A" 1.914 ; Lot " B" 12.000 ; Total 13:914
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-
i=:r.
Lot B? Yes X No
FEE OWNERS OF PROPERTY :
Name : Ronald S. & Maria Address 2983 E. 18th Sr. Phone 352.-0244
Name : Jurgensmeier Address Greeley. CO Phone
Name : Address Phone
WATER SOURCE FOR : Lot "A" ;j,/U,�C1 1J6.Lc. Lot " B" 6 i(/
TYPE OF SEWER FOR : Lot "A" JzJ ; Lot "B" .epcU ulaor,,
PROPOSED USE FOR : Lot "A" /r-eizjdt0_t-;ci7 ; Lot " B" -;; .Ø/, _I-;L/ '
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 . ,
3-72_ c,z •
COUNTY OF WELD •
STATE OF COLORADO )
Signature : w r or Authorized Agent
kit:
Subscribed and sworn to before me this a7,97- day of t 19 79
ir.
•
SEAL
Notary P lic
My Comm i ion expires :
•
•
REASONS FOR THE REQUEST FOR A RECORDED EXEMPTION:
1. TO HAVE THE FUNDS TO BUILD A NEW HOUSE.
2. REMODETING THE EXISTING HOUSE TO FUI_.LFILf.. THE
FAMILY NEEDS IS NOT FINANCIALLY ADVISABLE,
3. THE PROPERTY THE NEW HOUSE WOULD BE SITUATED ON
IS NOT PRODUCTIVE ?AND AND THEREFORE WOULD NOT
BE TAKING LAND OUT OF PRODUCTION.
ti.
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BOARD OF DIRECTORS
ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE /at,- 6' HIGHWAY 85 LUCERNE. COLORADO 80646'
GARY SIMPSON
TOM REED LII''=y'^�I - LYLE NELSON, MGR.
. -^ P.O. BOX 66 - PHONE 366-9020
April 2 , 1979
RE.• Water Servica Ronald Jurgensmeir
Dear Sirs:
This letter is in response to your inquiry regarding water
service to the following described property :
SE* Sec . 11- 5 - 65
1 . Water service is presently being provided to the
above described property .
2 . g _ 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
Ly e D. Nelson, Manager
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LEGAL DESCRY. TIONL 9Swci
CASE NO. L,1 39p
29 AB
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
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To Planning Commission Date May 8, 1979
COLORADO hgrg) Gilman E. Olson, Utility-Subdivision Administrator
Subject: Ronald and Maria Jurgensmeier (R.E.)
There are no engineering problems anticipated by this request. Any new
access must have prior approval before installation.
...,erelesnarc,. G (ens
Gilman E. Olson
Utility-Subdivision Administrator
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1111 I tit DEPARTMENT OF PLANNING SE RV I
PHONE 13031356-O000 EXT
915 10TH STf
l GREELEY,COLORADO 8
3 L
CASE NUMBER RE-392
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ronald and Maria Jurgensmeier
for a recorded exemption
The parcel of land is described as Pt . W 489' NE}SW} Sec. 11 , T5N, R65W.
The location of the parcel of land for which this application has been
submitted is 2983 East 18th Street , Greeley, CO
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 May 14 , 1979 so that
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. '18910111?O1
414
RE g19
Assistant Zoning Administrator e3 A9 t3/41,eAriazirs e"
pg We have reviewed the request and find no conflict
nteresta
Signed Date 6-40/7?Agency ate t({ Co . rs �k 666
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GREELEY CIVIC CENTER
GREELEY. COLORADO 80631
PHONE t3O3 3536123
May 9 , 1979
Chuck Cunliffe
Weld Department of Planning Services
915 Tenth Street
Greeley, CO 80631
Dear Chuck:
Re : Recorded Exemption, Jurgensmeier, 2983 East 18th Street
At its May 8 meeting , the Planning Commission considered the
recorded exemption request and voted to recommend its denial .
Their recommendation is based on the location of the property in
the 2010 growth ring , for which a minimum lot size of ten acres is
recommended. The concern is also based on the fact that the
property is located within the airport influence area. The
proposed recorded exemption would create a flag lot around an
existing accepted parcel, setting a precedent along 18th Street
for urban subdivision accomplished with flag lots and inadequate
circulation, provision of utilities , and a resulting inefficient
land use pattern. It was noted that specifically flag lots are
discouraged due to confusion related to access and a lack of
secondary street access .
In this situation the Commission feels that use of the recorded
exemption process does not meet the original intent of recorded
exemptions and it merely results in a change of land use without
proper consideration of land use policy which is incorporated
into a zoning change. For exemple , the subject property is
located in an area with undetermined gravel mining potential .
To create residential lots adjoining a future mining operation
would conflict with both state law and local land use objectives .
"A COMMUNITY OF PROGRESS" Sr
�k'
Chuck Cunliffe
Page 2
May 9 , 1979
The Planning Commission suggested that if it is the applicant ' s
opinion that development of this area is desirable and that gravel
extraction is not commercially feasible , then a request should be
made for rezoning to residential and development should occur
according to sound subdivision procedures and principles . Such a
subdivision would include dedication of a north-south local street
and dedication of right-of-way (40 feet) for extension of 16th
Street east of Fern Avenue .
The Planning Commission appreciates this opportunity to comment .
If I can be of further assistance , please feel free to contact
me .
Since ely �� Qom_
s ""
ohn Given
urrent Planner
JG:ka
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Nir 1y79 i
N RECEIVED
wat to .-�
M%M ear
FIELD CHECP.
FILING NUMBER: V-747 DATE OF INSPECTION: 4/10/79
NAME: Ronald Jurgensmeier
REQUEST: 70' minimum lot width variance
LEGAL DESCRIPTION: Pt . NE*SWI Section 11 , T5N, R65W
LAND USE : N Agricultural
E Agricultural
S Agricultural
W Residential Tracts
ZONING: N Agricultural
LOCATION: 2 miles west of E If
Greeley at 2983 East 18th SII
Street w Agricultural
COMMENTS:
The field inspection reveals that the applicant has submitted an accurate
plot plan of the property. There is an existing access back to the
existing home. There appears to be adequate frontage for both proposed
lots. The southwest corner of the property has a large 'depression which
has been used to place broken concrete and fill material in. Access
to the proposed lots would not appear to be a problem for sight distance
entering or exiting from East 18th Street .
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RECORDING DATA - MAPS & PLATer--
Recorded Exemption 410961-11-3-RE392
NAME OF SUBDIVISION
Ronald S & Maria Jurgensmeier -T "
NAME OF SUBDIVIDER __ -
West 489 ft. of the NE1 of the SW1 of S. 11, T. 5 N. , R. 65 W.
LOVATION OF SUBDIVISION 1792685
OATE OF RECORDING JUN 51979 BOOK 8'71 RECEPTION B
MARY ANN FEUERSTEIN
MELD COUNTY CLERK AND RECORDER
i
BY:
DEPUTY COUNTY CLERK & RECORDER
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