HomeMy WebLinkAbout790435.tiff RESOLUTION
RE: APPROVAL OF LOT SIZE VARIANCE NO. 91 - HENRY AND JANICE
DePETRO.
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 2nd day of May, 1979, in the
Chambers of the Board of County Commissioners of Weld County,
Colorado that a certain tract of land is owned by Henry and
Janice DePetro, which land is more particularly described as
follows :
A portion of the Northwest Quarter (NW4) of Section
TWenty-three (23) , Township Five (5) North, Range
Sixty-five (65) West of the Sixth Principal Meridian
(6 P.M.) , Weld County, Colorado more particularly
described as follows:
Beginning at the North Quarter corner of said Sec-
tion Twenty-three (23) ;
Thence along the East line of said Northwest Quarter
(NWQ) South 803.04 feet to the True Point of Beginning;
Thence continuing along said East line 490.56 feet;
Thence West 310.00 feet;
Thence North 490.56 feet;
Thence East 310.00 feet, more or less to the True
Point of Beginning and all water rights appurtenant
thereto, including but not limited to one irrigation
well registered under Colorado Permit No. 013400-F.
Beginning at the North Quarter (Na) corner of said
Section 23; thence along the East line of said
Northwest Quarter, South 1224.60 feet to the True
Point of Beginning; thence along said East line
South 69 feet, more or less, across the Latham
Ditch to the boundary on the South; thence West
310 feet; then North 69 feet; thence East 310 feet,
more or less, to the True Point of Beginning.
WHEREAS, the owners of said tract of land desire to obtain
a variance from the minimum lot size requirement so that said
applicants 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 applicants have shown good cause for granting
74U 43t
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 Henry and Janice
DePetro 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 2nd day of
May, A.D. , 1979
` 71;ri�" r i 7 'f" ret„ BOARD OF COUNTY COMMISSIONERS
ATTEST: ' WELD COUNTY, COLORADO
i.'
Weld County Clerk and Recorder
a lerk to the Boar
eputy County Jerk
APPPf V D AS TO FORM: ( ? yJ>
\\ ounty Attorney
DATE PRESENTED: MAY 7, 1979
DEPAR [MENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
May 2 , 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Lot Size Variance #91
Dear Commissioners :
The attached letter and related materials are in reference to a re-
quest for a lot size variance from Henry and Janice DePetro . The
property on which this request has been made is described as Pt. NW4
Section 23 , T5N, R65W of the 6th P. M. , Weld County, Colorado . This
property is located 2-1/2 miles east of the City of Evans and 1/2
mile south of U. S . Highway 34 on the west side of County Road 45-1/2.
The property contains approximately 3 . 5 acres of Class II irrigated
soils. The request is to obtain a variance from the minimum lot size
requirement, Section 9-4A. (6) of the Weld County Subdivision Regula-
tions, so that they may make application for a recorded exemption.
If this lot size variance is granted, the DePetros will proceed with
their application for a recorded exemption to divide the parcel into
two parcels of approximately 1. 9 and 1. 5 acres more or less. The
DePetro ' s desire is to build a new home on the 1. 5 acre parcel . The
1. 9 acre parcel does have an existing residence and other improvements .
Based upon the informatio� . submitted and the adopted policies in the
County, the Department of{�Planning Services Staff recommends this
request be denie)for the following reasons :
1 . It is the opinion of the Department of Planning Services Staff
that the proposal is not consistent with the intent clause of
the recorded exemption procedure. Said clause states :
Board of County Commissioners
Page 2
May 2, 1979
"The intent in establishing the Recorded Exemption Pro-
cedure is to provide, in accordance with the Weld County
Comprehensive Plan, a means whereby non-productive agri-
cultural 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. (Revised 4-17-74) . "
The 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 .
2. 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 a district , to encourage
agricultural uses as the highest and best use of the
land in the district as compared with other uses in con-
flict therewith, and to provide for the orderly expansion
of urban growth in conformance with the Weld County Com-
prehensive Plan. "
The parcel is not prime agricultural land because of past divisions
of land creating rural residential tracts . The nature of the re-
quest is not, however, providing for the orderly expansion of
urban growth. ,
The City of Evans Planning Commission has stated that they have
no objections to this lot size variance request . However, the
Department of Planning Services Staff feels that if the area
were to continue to develop in this manner, inefficient develop-
ment will result.
3 . It is the opinion of the Department of Planning Services Staff
that in the vicinity of the proposed lot size variance, develop-
ment has reached a level where the continued division of parcels
would evade the intent of the Weld County Subdivision Regulations .
The principal purposes of the Subdivision Regulations of concern
to the Department of Planning Services Staff are as follows :
Board of County Commissioners
Page 3
May 2, 1979
1. "A. To assist orderly efficient and integrated development .
2. B. To promote the health, safety, and general welfare of
the residents.
3 . C. To ensure conformance of land subdivision plans with the
public improvement plans of the County and its various
municipalities .
4. E. To encourage well planned subdivisions by establishing
adequate standards for design and improvements .
5. P. To assure the planning for and provision of an adequate
and safe source of water and means of sewage disposal . "
Respectfully,Co9Chuck Cunliffe
Assistant Zoning Administrator
csd
APPLICATION FOR LOT SIZE VARIANCE
PHONE: 356-4000 Ext . 404
Department of Planning Services, 915 10th Street , Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. APPL. FEE 10-2,66 -75,00
ZONING DISTRICT U -� lAlL
RECEIPT NO. 0. (QC,
Y l`C¢L
DATE y- R� 1o} APPL. CHECKED BY (�T,
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request that the following described pro-
perty be exempted from the minimum lot size requirements established by
the Weld County Zoning Resolution by the Weld County Board of County
Commissioners in Accordance with Section 9-4 A. of the Weld County Sub-
division Regulations.
LEGAL DESCRIPTION: Agriculture Section 23 T 5 N, R 65 W
See Exhibit A
TOTAL ACREAGE: 3.50 more or less
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No XX
FEE OWNERS OF PROPERTY:
Name : Lewis —
Address : 26779 e1d Co my Road 45? Phone : 356-6171
Name:
Address : Phone :
Name :
Address: Phone:
WATER SOURCE : Larger Parcel CWCWD Smaller Parcel CWCWD
now existing None - Septic
TYPE OF SEWER: Larger Parcel septic Smaller Parcel Proposed
acreage, house, new home, acreage,
PROPOSED USE: Larger Parcel shelter Smaller Parcel shelter or barn
EXISTING DWELLINGS : (Yes or No) Yes (Yes or No) No
I hereby dispose and state under the penalties of perjury that all state-
ments, 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) �" o�iiJ AP e2'
S' ture : r or Authorized Agent
c�.
Subscribed and sworn to before me this day of �✓ , 1917,i .
J
SEAL t2
Not ry Public
hly Commision Expire:Jan.4,1981
My Commission expires :
4
Exhibit A
A portion of the Northwest Quarter (NWk) of Section Tenty-three (23) ,
Township Five (5) North, Range Sixty-five (65) West of the Sixth Principal
Meridian (6 P.M. ) , Weld County, Colorado more particularly described as
follows:
Beginning at the North Quarter corner or said Section twenty-three (23) ;
Thence along the East line of said Northwest Quarter (NW)i) South 803.04 feet
to the True Point of Beginning;
Thence continuing along said East line 490.56 foot;
Thence West 310.00 feet;
Thence North 490.56 feet;
Thence East 310.00 feet, more or less to the True Point of Beginning and
all water rights appurtenant thereto, including hut not limited to one
irrigation well registered under Colorado Permit No. 013400-F.
Beginning at the North Quarter (N ) corner of said Section 23; thence along
the East line of said Northwest Quarter, South 1224.60 feet to the True
Point of Beginning; thence along said East line South 69 feet, more or less,
across the Latham Ditch to the boundary on the South; thence West 310 feet;
then North 69 feet; thence East 310 feet, more or less, to the True Point of
Beginning.
-M`
at
��msr CENTRAL WELD COUNTY WATER DISTRICT
iii
105 16TH STREET DALE D. OLHAUSEN
G REELEY. COLORADO 80631
PHONE (303) 352-7264 MANAGER
D
April 4, 1979
Mr. and Mrs. Henry M. De Petro
26865 Weld County Road 451
Greeley, Colorado 80631
RE: Water Service to Mildred E. Lewis (Welsh) property
Dear Mr. and Mrs. De Petro:
This letter is in response to your request for the availability of
additional water service for the following described property:
SEE ATTACHED LEGAL DESCRIPTION
Water service is presently available to the above described property
by tap number 622 . Additional water service _ can be
made available to this property provided all requirements of the
District are satisfied.
Central Weld County Water District requires that contracts be con-
sumated within one year from the date of this letter, or this letter
shall become null and void unless extended in writing by the District.
Very truly yours,
CENTRAL WELD COUNTY WATER DISTRICT
� s f�2zc Gh' 4A-trec-E
Dale D. Olhausen0Y v /i.` da
Manager
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LEGAL DESCRIPTIC"" cQd "S - 6S
CASE NO. LSV 9,
230
Pe
23A
MA NOTE : sores
1NF0 CA)
gw4oAay
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
17MA 2$-23 A i Jrs -
cD3 a 2 Ire
34 A III W ►
$o E3 68 3Ers 37lts
HomeLight
April 2, 1979
Mr. Henry DePetro
26865 Rd 451
Greeley, CO 80631
Dear Mr. DePetro:
Home Light & Power Company is ready and capable of
furnishing electrical power to subject lot (see attached) .
Sincerely,
Thomas L. Tiffany
l/
Consumer Services Representative
TLT:gan
HOME LIGHT AND POWER COMPANY • P.O. BOX 8 • 810 NINTH STREET • GREELEY,COLORADO 80631 • TELEPHONE(303)353-1144
To Whom It May Concern:
The specific reason for submitting our request for a lot size variance
is because we would like to build a new home. In the total parcel there
are approximately 3.50 acres which we would like to split into two parcels.
Parcel B would contain approximately 1.93 acres which includes a home and
a small shelter. Parcel A would contain approximately 1.57 acres with no
existing structure on the property.
We would like to build a new home on parcel A of a minimum of approximately
1500 square feet and a small shelter or barn. We feel in building on parcel
A that the value of all existing properties would be enhanced and continuity
would remain the same with the other acreages.
The following criteria would be met:
1. This site does not fall within a flood plain.
2. Will have easy access from Weld County Road 452.
3. Will be on a septic system approved and falling within Weld County
Health Department guildeines.
4. Will have access to domestic water as provided by Central Weld
County Water Conservancy District. (See attached letter).
5. The building site will be serviced by Mountain Bell and Home, Light,
and Power Company.
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v=PARTar.ENT OF FL,-..',!'J'-
PHONE 1303? 3564000 E.-T 4.,: !
915 10TH STREET I
GREELEY.COLORADO 80631 I
l/
. ®V • CASE NUMBER LSV-91 : 79: 10
il
COLORADO
REFERRALApril 6, 1979
TO WHOM IT MAY CONCERN:
Enclosed is an application from Henry and Janice DePetro
for a lot size variance
The parcel of land is described as Pt . NWT Section 23, T5N, R65W
The location of the parcel of land for which this application has been
2 miles east and 1/2 mile south of the City of Greeley
submitted is
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 April 20, 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. �'�\��2� 4JSto%-.
w APR 1919 n)
i cc ReCE'NE� l
Assistant Zoning Administrator a go�,�issin
43/
c-, nx 49'We have reviewed the request and find no conflict wi
Q terests.
Signed GILL,...—k , r6 G' , ..a— Date Y7/,'f 7 ?
AgencyZ r.T a _ ` /. /6-47 (3) ty lac �, / `.
T A 4 • / e.�.
„if" E[.t�s.- , .,ZFLe i•-e_c' �Jz' �Pcs.. •c / ,.of_�-., ,rte !^fo-
p
DEGLARWCN`.7 OT F L:-i. . <'- ''t '
/�
PHONE 1303' 35u-700D c>' .:
111
91510TH STEEL
w I1 L GREELEY,COLORADO 8063
, ll LSV-91 : 79: 10
CO CASE NUMBER
� � •
COLORADO P.EFERRAL
April 6, 1979
TO WHOM IT MAY CONCERN:
Henry and Janice DePetro
Enclosed is an application from
for a lot size variance
Pt . NW* Section 23, T5N, R65W
The parcel of land is described as
The location of the parcel of land for which this application has been
2 miles east and 1/2 mile south of the City of Greeley
submitted is
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
April 20 , 1979 so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your help and NOR cooperation in this matter. � �� �c.,_,,
APR 1979 si
i REGENED
1 Weld Counq CAD
n
Assistant Zoning Administrator c‘jo Co••issl' o
!� PIn0010$ OSi
8 4,
0 We have reviewed t e request and find :: :0t1flS.1l9 interests
Signed , �.(I y�
Agency DJ e_ [ I Cd\,-w `" COL_ F' "
mEmoRAnDum
WIDtTo Planning Commission DateApril 18, 1979
COLORADO From Gilman E. Olson, Utility-Subdivision Administrator
Subject: Henry and Janice DePetro (L.S.V.)
No engineering problems anticipated by this request. If and when
an access is needed it will ,,,r_equire a C.M.P. 15" diameter X 20 feet
long.air(ilman E. Olson
Utility-Subdivision Administrator
GEO:sar
16,\1
� 1$i9Z0
t APR 1979
RECEIVED T:
Weld County
Planning Commission ,_JU
cP�9gb£L`"--
vui''
FIELD CHECK
LSV-91 DATE OF INSPECTION: 4/10/79
FILING NUMBER: _
NAME: Henry and Janice DePetro
REQUEST: Lot Size Variance
Pt . NW* Section 23 , T5N, R65W
LEGAL DESCRIPTION:
Residential Tracts
LAND USE : N
Agricultural
Agricultural
Agricultural
ZONING: N Agricultural
2 miles east and 1/2 E Agricultural
LOCATION: _
mile south of the City of Greeley Agricultural
Agricultural
on Weld County Road 45� W A g
COMMENTS:
Proposed Parcel A currently has no improvements 'located on it. It is
being used as irrigated pasture. Proposed Parcel B has an existing
single family dwelling and a small structure located on it . There is
also a corral for horses on the proposed Parcel B. There is an existing
access to the property off of County Road 45k . There are three small
residential tracts located to the north of this property. Each parcel
has an existing residence on it . There is also two residences located
across County Road 45i. Natural drainage to the property appears to be
to the west . The front of the property along County Road 451, is at a
higher elevation that the west edge of the property.
BY :
Hello