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Home My WebLink About750419.tiff RESOLUTION WHEREAS, it has been determined by the Board of County Commis- sioners, Weld County, Colorado, that Elvires Martinez, Jr. , and Joe Adam Martinez, are the owners within the meaning of the statute of a parcel of land described as follows: That part of the East one-half Northeast one-quarter of Section 1, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, described as: Beginning at the Northeast corner said Northeast one- quarter; thence South 00°29'45" West on an assumed bearing along the East line said Northeast one-quarter a distance of 1056. 01 feet; thence South 90°00'00" West parallel with the North line said Northeast one-quarter a distance of 310. 00 feet to the true point of beginning; thence continuing South 90°00'00" West a distance of 1004. 15 feet to a point on the West line said East one- half Northeast one-quarter; thence South 00°26'15" West along said West line a distance of 1476. 13 feet to a point on the North R. O. W. line of Colorado State Highway No. 52; thence South 89°51'49" East along said North R. O. W. line a distance of 1002. 63 feet to a point 310. 00 feet West of the East line said North- east one-quarter; thence North 00°29'45" East parallel with said East line a distance of 1478. 53 feet to the true point of beginning. Contains 34. 029 acres, more or less. WHEREAS, Elvires Martinez, Jr. , and Joe Adam Martinez are desirous of splitting the hereinabove described tract of land in order that they may build individual homes thereon in accordance with Exhibit A attached herewith and made a part hereof by reference depicting the type of home that each wishes to have erected upon each parcel of said land, and WHEREAS, it appears that a lot size variance first must be obtained before applicants may apply for a Recorded Exemption from the subdivision regulations of Weld County, as the same is defined in Section 9-4 of the Weld County Subdivision Regulations, and WHEREAS, in addition to evidence presented by the applicants, the Weld County Planning Commission Staff has presented evidence and made representations concerning the desirability of granting said variance, and WHEREAS, the Board of County Commissioners feels that when all the evidence and representations are considered, good cause for granting a variance as requested from the minimum lot size requirements of the Weld County Zoning Resolution has been shown. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the powers granted to the County under Title 30 C. R. S. 1973 and Section 9-4A (6), Weld County Subdivision Regulations as amended; that Elvires Martinez, Jr. , and Joe Adam Martinez may proceed to apply for a Recorded Exemption and the lot size variance is conditioned on the applicants applying for and doing all necessary to obtain said Recorded Exemption within one year, and said variance is limited to Elvires Martinez, Jr. , and Joe Adam Martinez and will terminate if they sell or otherwise discontinue their interest in the above 730419 mentioned land prior to obtaining approval for and recording the above mentioned Recorded Exemption; additionally said lot size variance and Recorded Exemption, if any, are further subject to the condition that said dwellings as shown on the hereinabove described Exhibit be started within six months from date thereof and completed within one year from date of beginning of construction; further, that there be no further subdivision of the Northeast Quarter of Section 1, Township 1 North, Range 66 West of the 6th P. M. , Weld County, Colorado, specifically, that area between County Road No. 14 on the North, County Road No. 37 on the East, and Colorado State Highway No. 52 on the South. Dated this 13th day of August, A. D. , 1975. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / 0-79-$7, )--CA..., 12 a . ATTEST Q Weld County Clerk and Recorder and Clark to the Board z- i B y -' < 2 , . A ( L I r(_ ay Deputy County clerk <i / / APP ED AS 'fig FORM: t County Attorney RECEIPT FOR CERTIFIED MAIL-301;4 (plus postage) POSTMARK SENT T OR DATE Elvires Martinez, Jr. STREET AND NO. CO 2025 W. 46th PA., STATE AND ZIP CODE CD Denver, Colo. 80211 8/14/75 C'.; OPTIONAL SERVICES FOR ADDITIONAL FEES CC RETURN 1. Shows to whom and date sseeenl 150 With dwhom, t addressee where only 6354 RECEIPT 2. Shows to whom,late to wWn ylrer.A.. 854 SERVICES ' With delivery to addressee only 60! .. _ DELIVER TO ADDRESSEE ONLY - a .SPECIAL DELIVERY (extra fee required) tN Z PS Form NO INSURANCE COVERAGE PROVIDED— (See other rid.) iv Apr• 1971 J900 NOT FOR INTERNATIONAL MAIL o GPO:ten o 460-743 „., << "" {s ^r -2- OFFICE OF THE PLANNING COMMISSION f 6 ••• Gary Z. Fortner k1 OW$100OtW1tnwKu PLANNING DIRECTOR D PHONE (303) 353-2212 EXT. 227, 228 O 1516 HOSPITAL ROAD GREE LEY,COLORADO 80631 COLORADO July 30, 1975 Board of County Commissioners Weld County Greeley, Colorado RE: LSV-19:75:13 Dear Sirs: Enclosed please find a letter from Elvires Martinez, Jr. and Joe Adam Martinez requesting a Lot Size Variance for property located in the East One-Half of the Northeast One-Quarter (E1 NEa) of Section 1 , Township 1 North, Range 66 West of the 6th P.M. The parcel presently contains 34.029 acres according to an April 30, 1974 survey by Lind Engineering. The Martinezes request the Lot Size Variance so that they may apply for a Re- corded Exemption. The Weld County Planning Commission staff recommends that this request be denied for the following reasons: 1 . The proposed division of land is not in conformance with the intent of the Recorded Exemption procedure as defined under Section 9-2 of the Weld County Subdivision Regulations. The intent of the Recorded Ex- emption procedure as stated in this Section of the regulations is "a means whereby non-productive agricultural land may be developed for higher or more productive uses, insofar as such uses are compatible with surrounding agricultural uses in areas where such land divisions are proposed" . The parcel in question was, in 1970, a part of a larger parcel of ap- proximately 159 acres. Since that point in time, numerous divisions have occurred on the original parcel of land. These divisions have resulted in the creation of five (5) additional parcels from the origi- nal parcel of land in question. It is the opinion of the staff that WELD COUNTY COMMISSIONERS VICTOR JACOBUCCI GLENN K. BILLINGS ROY MOSER Board of County Commissioners Page 2 July 30, 1975 further division of land in this area is not consistent with the Weld County Comprehensive Plan, or with the Weld County Subdivision Regu- lations or Zoning Ordinance. 2. The Weld County Comprehensive Plan discourages the extension of urban uses into agricultural areas, not only because of the numerous conflicts which arise between agricultural and urban uses, but also because of the additional costs placed upon taxpayers for extending services for urban dwellers in rural areas. The soils on the property in question are classed III and IV Agricultural Lands. According to the Soils Con- servation Service, this soil is especially susceptible to wind erosion if left unprotected. If the land in question is not well managed as a farm unit, damage of this nature could occur, not only to the parcels in question, but also with reference to adjacent agricultural uses on land. Finally, as more and more city dwellers move to such rural areas, demands for varieties of public services increase and the 'resulting costs for such services must be born by the taxpayer. For these reasons, the Weld County Planning Commission staff recommends that the current application be denied. Sincerely, Lms y- e "- Gary Z. Fortner Director of Planning GZF/lj Enclosure t t EXHIBIT "A" 2025 West 46th Denver, Colorado 80211 June 23, 1975 Board of County Commissioners County of Weld c/o The County Planning Commission 1516 16th Avenue Court Greeley, Colorado 80631 Gentlemen: We are considering purchasing the tract of land described and shown on the enclosed boundary survey. We would like to obtain a variance in the requirement of Lot size so that we might build two single family dwellings and divide the surveyed tract into two equal portions. It is our understanding that the State Highway Department would require us to enter the property from a common access off Colorado Highway 52. We plan both homes to be of 1000 to 1200 square feet, tri-level, with attached garage. This land presently is non-irrigated farm land and would remain as such with the primary use being for livestock pasture. Yours truly, Elvires Martinez, Jr"-; .- C)Le- Ater---49762e- Joe Adam Martinez l' ti G. '5 SE? Pee J• /bob, Crir h Fort Lupton, Colorado June 28, 1975 Board of County Commissioners Weld County c/o The Weld County Planning Commission 1516 16th Avenue Court Greeley, Colorado 80631 Gentlemen: This is to advise you that Messrs. Elvires Martinez, Jr. and Joe Adam Martinez are desirous of purchasing the following described tract: the East Half of the Northeast Quarter of Section 1, Township 1 North, Range 66 West of 6th P. M. , Weld County, Colorado except the North 1056 feet thereof and the East 310 feet thereof. They desire to each build a new home and therefore it would be necessary for them to receive your permission to divide this 35 acre tract into two equal parcels. It is my understanding that they have made application to you for this permission, and this is all done with my consent. A photo copy of my Warranty Deed is herewith enclosed. Yours truly, sey L. lenn \ r \ -- - As s ,- . . k .. iii f 'C9- a ?4 -'''f� is,,,- i -1c F .t� n 35 K5 69 >« 3 ., t // Y. F tt-- dv 6 Ssle 2 _.. T F 1�'J{ _ , _'J65 y,7-., p "r 0991 i,; — / ,,, .'5a . ..,,A.4.- 4' - ^ i 4 9 4 $ ' T d ' : L fi�t(`�� t a Y - ft 3 w � 1 , J � w s t., I 1i �«'i+ ' 1, ` 4.11}-e< ° ! . .—s,00..__ 'f�i- � .pie ^� T ��s ��,'• � � �^*a • . t` l @ �k . fi b `. , n,} yj rs itiFgto 9 F `� �,4SY `i, J� Soe ,. ' r 4 ' t 1X '4. ,a.1p C • '�' J r1aund , momt. !T�(-t w 7 4-. 17 F'k ` \. 4 sr;f07 ill f o, .,.4ir 4 fgt, D , ll r a4,y0 401 n , ! 1:4 - ..r dyd a . 77f , 1 � '.,,S:n'�i�Iya � 5 9M`R6 t�Rfti ,r - / :`e'1 J r t 444 �.eJ. _- r P� '.,y e, k� r.'h^•r b� ,444 C, .. Cl ' m ' , w >; l s J n' ‘ a � \\ t 1 t t` `�.c 1, Piton*6594157 LIND D ENGI NEERI NG,I NC.' CIVIL ENGINEERING W O. BOX 4t LAND SURVEYING 17 North 12th Ave. N BRIGHTON, COLORADO 80601 W E OO 5C,a.L.e_ '. 1' = 400' NE Colt. NEI/4 PJoetm L.ua. NE''4 5cc.% te. I, T. i N., R CoGaW S / \ II Co,NTY FZOAO IJo. 14 -,- -11 -f _-- - - -- r \412 So' r 4,2.50' ' r 4400.19' — )' W ce.a. tiE 44 I 590•00'oo"w ----a- c. ' Scc.I TI N, R4.OW I 1315.22' I 11 In I I 0 (,^ lb U I d IIC) S 0 13 ' in u JN IN r< o 7 2 ' I ' S 900.00"W N id ul. I I '�I O.OO' - O In j 2 I I I I ,on/ d � d 1 S90'00'00"w 1004.15 — 1 ei v 0 o‘ W P 2®0.00' 5 T.aut Pnat.-sr/ 2 W ) '0 Q 2 O.ea a....awe N J 4 I ? N S 0 Cow1r,..4Nf 34.029 i t A Q N 3 Ac.ec.s , MORE Owe Less I I ,- N m ° W v � Z W P u Y/ �^ •I v N3 W - IE N - I8 I y • Q 0 0 - � i 2 0 N 20 N II 0 ot_ r„ in NLrH O. R,6. T wc. O�WAN'L. - _ — - .',.:i' r C_OI-O.`J r/A'Ta Hicker WA.v I i M0.52 M 26000 AP 59651.49" -- too2.c\-_ .3 W COI, NE Y4 Co..o.RA00 15-r...TM H'<Sr.w..V No. 52 Stec. I, T.IAs, Ftro�W ter.. 369•51'49 E� 1312.57' - LEGAL DESCRIPTION SE. Eon.. KJE ,4 3 cc. I, T. 1 L1 co C0W That part of the East one-half Northeast one-quarter of Section 1 , Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, des- cribed ast Beginning at the Northeast corner said Northeast one-quarter; thence S00°29'45"W on on assumed bearing along the East line said Northeast one- ck.. .4rter a distance of 1056.01 feet; thence 590°00'00"W parallel with the North l:,, said Northeast one-quarter a distance of 310.00 feet to the true point of beginning; thence continuing S90°00`00"W a distance of 1004. 15 feet to a point on the West lino said East one-half Northeast one-quarter; thence S00°26' 15"W along said Wear line a distance of 1476. 13 feet to a point on the North R.O.W. line of Colorado State Highway No. 52; thence S89°51 ' 49"E along sold North R.O.W. line n distance of 1002.63 feet to a point 310.00 feet West of the East line said Northeast one- quarter; thence Nf'O°29' 45"E parallel with said East line a distance of 1478. 53 feet to the Ilia point of beginning. CcrtQins ?4. f:9 A.4r4s more_2T_l.iless me I ner*e kW t�r tt, he. 'a1' :& '' ..+r Ii* Z eon wnti yy I Po.Pr 0c 1-It-4w P.,E%4 Jac_. I . CIIJ, RIn c'oW made br. me And .u1de. my Ai cet7Vn and ;s accwa shown •t, city ;dot w the $51 N r: knowledge and belled. 2't ti .r. - _ i_Srala I � � ��<'vo �v.ar� 30, 197a Kt ho 4- itJ ib <�..-. hug. P,}.. g,U.j1 ` f. FI•Id Book No Par No. `Sheet : Hello