HomeMy WebLinkAbout790461.tiff RESOLUTION
RE: ISSUANCE OF A BUILDING PERMIT TO LEONARD BAUMGARTNER AS AN
ACCESSORY USE FOR A PARCEL OF LAND DESCRIBED AS PART OF
SECTION 21, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE 6TH P .M. ,
WELD COUNTY, COLORADO.
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 finds that Leonard
Baumgartner is the owner of a 49. 3 acre tract of land located
in part of the Southeast Quarter of Section 21, Township 1 North,
Range 63 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, Mr. Baumgartner desires to build a residence on
the abovedescribed parcel of land, and
WHEREAS, the Board of County Commissioners has considered
the information presented by all those present concerning this
matter, and
WHEREAS, the Board desires to declare said 49. 3 acre tract
of land as a single parcel and further to direct the issuance
of a building permit to Mr. Baumgartner as an accessory use.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the abovedescribed tract
of land owned by Leonard Baumgartner be, and hereby is, declared
% to be a single parcel.
BE IT FURTHER RESOLVED by the Board that a building permit
be issued to Leonard Baumgartner as an accessory use for the
abovedescribed tract of land.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12th day of
September, A.D. , 1979.
\.y� / -7 BOARD OF COUNTY COMMISSIONERS
ATTEST: /� ( (.n„..A ,AJtA P_C n/ ELD COUNTY, COLORADO
Weld County Clerk and Recorder L .. (Aye)
and Clerk to the Bo Norman Carlson, Chairman
�
ky G2; �,CC��1 (Aye)
CC _ eputy County Clerk Lyc�" Dunbar p
APP D AS TO FORM: it; /ILL 6/ (Aye)
C. W. Kirby
ounty Attorney /� �: c- rl -6} A4
(Aye)
Leonard L. Roe
DATE PRESENTED: SEPTEMBER 17 , 1979 ABSENT DATE PRESENTED (Aye)
June K. Steinmark
790461
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
WI I k
COLORADO
September 12, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE : Lot Size Variance #101
Dear Commissioners :
The attached letter and related materials are in reference to a re-
quest from Mr. Leonard Baumgartner for a lot size variance. The
property on which this request has been made is described as Pt. SE4
Section 21 , T1N, R63W of the 6th P.M. , Weld County, Colorado. This
property is located approximately 3 miles south and 1 mile west of
Prospect Valley. The property contains approximately 49. 3 acres .
Soil classifications of the property are not available. The request
is to obtain a variance from the minimum lot size requirement,
Section 9-4 A. (6) so that he may make application for a recorded
exemption.
If the lot size variance is granted, Mr. Baumgartner will proceed with
an application for a recorded exemption to divide the property into
parcels of 9. 348 acres and 39. 917 acres . Mr. Baumgartner desires to
build a residence on the smaller parcel which would be rented. Mr.
Baumgartner feels that his cattle would be better protected by indi-
viduals living on the proposed Lot A.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the re-
quest be denied for the following reasons :
1. The proposed request does not comply with the Weld County Compre-
hensive Plan because it would promote non-agricultural use of
agricultural land and it would encourage urban encroachment on
rural land use.
Board of County Commissioners
Page 2
September 12, 1979
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 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. "
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, it would be promoting the division of
agricultural land into smaller less economic parcel sizes , and
the request would double the residential density on the parcel.
Furthermore, the request would place a greater demand on the
services which residential uses require.
3 . This request is not in compliance with the intent clause of the
recorded exemption procedure (Section 9-2 of the Weld County Sub-
division Regulations) . Said clause states :
"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)
At present, there are no residences on the parcel. However, the
parcel is elgible for a building permit. The approval of this
lot size variance request and the subsequent recorded exemption
would allow another residence to be built on the parcel. This
would create a residential encroachment and therefore be incom-
patible with the Agricultural District uses . Additional resi-
dential uses may conflict with rural agricultural uses in the
area at some future date.
4. The minimum lot size in the Agricultural Zone District for
irrigated parcels is 80 acres and for non-irrigated parcels is
160 acres . The intent is to maintain tracts which are large
enough for farm purposes and to assist in the encouragement of
agricultural uses as the highest and best use of the land. It
is the opinion of the Department of Planning Services Staff that
this request is in violation of that intent.
Board of County Commissioners
Page 3
September 12, 1979
The Department of Planning Services Staff feels that Mr. Baumgartner ' s
need for protection of his property may be satisfied by the building
of one residence on the parcel which is currently available to Mr .
Baumgartner. The recorded exemption provides the ability for the lot
to be sold which then may be out of Mr . Baumgartner' s control . When
this occurs , protection of the livestock may not necessarily be im-
proved in relation to the current situation.
Respectfully,
\J;c3e,.t Tr avy
Vickie Traxler
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. t b l i c Zo APPL. FEE 175, o,=
ZONING DISTRICT R Cir \-h r,el RECEIPT NO. 1O11s
DATE -\y-'1g ' APPL. CHECKED BY 0-(-
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. r. Z
LEGAL DESCRIPTION: , C. Section 2: 1 T ' N, R 63 W
TOTAL ACREAGE : 496 26c f
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No X
FEE OWNERS OF PROPERTY:
Name : ZeCa��/,� kiriAlei‘oAddress : / f , / 0 Phone : 731erg3 a'
Name: ISOXIM ant
Address : u 42 Phone :
Name : f
Address: Phone:
WATER SOURCE : Larger Parcel well Smaller Parcel
TYPE OF SEWER: Larger Parcel Sri• Smaller Parcel _ '
PROPOSED USE: Larger Parcel ran SmallerParcel ,/
EXISTING DWELLINGS : (Yes or No) /�,/J/0 (Yes or No) Lk)
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)
ignature : er or thorized gent
Subscribed and sworn to before me this et day of `' \ 'jy ,\, , 1-T\ .
SEAL
Notary Pu` lic
\ (),
My Commission expires :
4t
V.�� I
RECORDED EXEMPTION N2.
OBEARINGS a DISTANCESO
I- 139.26' v 2
2-N.86°0000'`W. 360.00'
3-N.61°00100'W. 200.00' Ci y
4-S.76°00'00"W. 160.00' '
5-S. 10°1 0100"W. 280.00' g
S.
6-S. 10° 001 00'W. 490.00 /ark �. `p
7- 39° 30100"E. 940.00'
8-S.08° 30'00"E. 210.00 9.34Bt.4ics �
98 . 62° 30100"W.W. 212.08 � W
99.9/71 gent
10-N. 44°00'00 W. 520.00' 4cr B ° �
I I-N. 45°00'00'W. 1070.00' `� ,e
12-N. 83° 00'53"W. 317.78' m
I3-N. 19° 41' 14"E. 1146.40'
14-N. 65° 20' 42°E. 183.60'
1 5-N. 54° 53' 47'E. 174.15'
16-N. 78°59'45"E. 15577'
17-S. 57°23' 19"E. 190.04'
18-N. 76°03'40"E.507.80'
19S.81°II' 13"E. 130.53' Cj
20-S.67°27'051E. 285.S
21-S .00°001 OO"W. 43.41'
1 22-S.00°0d 00°00' 00"W.567.09
23-N. 00°0000•E . 552.13'
24-N. 76°440"E. 229.67'
25-S . 81° 11 13"E- 117. 67' m
26S .67°27'09'E. 297.48' 0
27-S.00°00' 00"W. 144.32' 0
28-S.00°00'00"W. 187.73'
I
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OWNER 0
Leonard Baumgartner
Route # 1
Keenesburg, Colorado 80643
Phone: 732-4428)
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SA.rt/oft A
- RECORDED EXEMPTION No.
LEGAL DESCRIPTION
Part of the Southeast Quarter (SE's) of Section 21, Township 1 North, Range 63 West
of the 6th P.M. , County of Weld, State of Colorado, being more particularly described
as follows:
Beginning at the Southeast Corner (SE Cor) of said Section 21 and considering the
East line of the SE'Z of said Section 21 as bearing North 00° 00'00" East, with all
other bearings contained herein relative thereto;
Thence North 00° 00'00" East, along said East line, 2098.34 feet to the True Point
of Beginning; •
Thence North 35° 00'00" West, 139.26 feet; Thence North 86° 00'00" West, 360.00 feet;
Thence North 61' 00'00" West, 200.00 feet; Thence South 76°00'00" West, 160.00 feet;
Thence South 10°10'00" West, 280.00 feet; Thence South 10°00'00" West, 490.00 feet;
Thence South 39°30'00" East, 940.00 feet; Thence South 08° 30'00" East, 210.00 feet;
Thence South 62°30'00" West, 210.00 feet; Thence North 44°00'00" West, 520.00 feet;
Thence North 45°00'00" West,1070.00 feet; Thence North 83°00'53" West, 317.78 feet;
Thence North 19°41'14" East,1146.40 feet; Thence North 65° 20'42" East, 183.60 feet;
Thence North 54°53'47" East, 174.15 feet; Thence North 78° 59'45" East, 155.77 feet;
Thence-South 57°23'19" East, 190.04 feet; Thence North 76°03'40" East, 507.80 feet;
Thence South 81° 11'13" East, 130.53 feet; Thence South 67°27'09" East, 285.69 feet to
a point on the East line of said Section 21;
Thence South 00° 00'00" West, along said East line, 754.82 feet to the True Point of
Beginning.
Said described parcel of land contains 43.265 acres, more or less, and is subject
to any rights-of-way or other easements as granted or reserved by instruments of
record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I hereby certify that this plat was prepared under my supervision- and that
is e
correct to the best of my knowledge and -lief. `p,$NER Frqr�,
ivno
Jasper Fr es- C. or.do P,E. $ 4o 4392ms
( . 92
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PROPERTY OWNER(S) APPROVALS ��*
9fF +.BEEF!�.'10•'J
0; 0
I, Leonard Baumgartner, being the sole owner in fee of the above describe
do hereby subdivide the same as shown on the attached map.
CLsonand Baumgartner I??
The foregoing certification was acknowledged before me this /f day of �fy�
A.D. , 1979. Witness my hand and seal. '
My Commission Expires: /(��/J, /� /�
My Commiuionexpires Sept 1, 1982 (Sat 4 /L`P2/
No ary Public
PLANNING COMMISSION CERTIFICATE
The accompanying plat is accepted and approved for filing. _
Chairman, Board of, County Commissioners
ATTEST: County Clerk ' „
By
Dated
79-f.t.r
DAVID J. MILLER
ATTORNEY AND COUNSELOR AT LAW
TELEPHONES: 804 7TH STREET - P. O. BOX 1424
GREELEY 13031 352-9669 GREELEY, COLORADO 80631
DENVER (303) 534-4485
July 24, 1979
Department of Planning Services
915 10th Street
Greeley, CO 80631
RE : Leonard Baumgartner
Lot Size Variance
Gentlemen c.
The lot size variance is being requested so a house can be
built with an option of selling or renting it . I feel a
house on this property is of vital importance to my livestock
operation. There is no house for 3/4 of a mile and I have
had cattle stolen and killed. Unbranded calves are impossible
to recover and the location is such the Sheriff can not be
there constantly. The ground is worthless . It is now a
prairie dog town. A house would not only improve the ground
it would also help to protect my cattle . The house would be
approximately one thousand feet from the cattle and the only
access to the cattle would be through the yard which would
help defer any party trying to harm my cattle. I already
have a party interested in living there.
Thank you for your consideration of my lot size variance .
Sincerely,
Leonard Baumgartner
LB/llb
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FIELD CHECK
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NAME: , LJ®yAfir). Rai c rc- oA
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LEGAL DESCRIPTION: t'\- vq Se A*1arN `al ,-T ‘N RiO'3W
LAND USE: N QO M I N 11 na
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nn CASE # ` SV-101: 79:20
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REFS ' : SENT OUT ON: August 16, =? '79
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Department Natural Resources
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Prospect L `�"'ral Ditch Company
AUG `z 1979 Clem Schra,: 4
„i 32945 Weld 'T '`,unty Road 8
Route 1
, ` Keenesburg 0 80643
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LAW OFFICES OF
DAVID B. EMMERT
ICD BUILDING
918 THIRTEENTH STREET TELEPHONE 352-8431
GREELEY. COLORADO 80631 AREA CODE 303
August 24 , 1979
Department of Planning Services
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re : Case No. LSV-101 : 79 : 20
Leonard Baumgartner
Gentlemen:
I am the attorney for Clem J. Schrant who is an adjoin-
ing landowner to the property of Leonard Baumgartner which is
the subject of the described case number.
It is unclear from the document you mailed to Mr. Schrant ,
but it appears that Mr. Baumgartner is first applying for a
"Lot Size Variance" ; the maps attached appear to indicate that
Mr. Baumgartner is also applying for a recorded exemption which,
as I understand it , is the next step if the County Commissioners
grant a lot size variance.
Mr. Schrant wishes to object to the granting of the lot
size variance for the following reasons :
1. The principal apparent basis for requesting lot
size variance is for Mr. Baumgartner to obtain control over his
cattle operation on adjoining ground owned by him. If such
control is necessary , he should obtain that control by construc-
tion of a residence to be occupied by a person responsible for
the cattle operation, all of which could be done without a lot
size variance. There is no guarantee that the person acquiring
and building a residence on proposed "Lot A" will avoid any
problems that Mr. Baumgartner might have with reference to his
cattle operation on proposed "Lot B" as shown on the survey.
If the person owning Lot A does not wish to protect Mr. Baumgartner' s
cattle, the fact that he is living there will be very little
additional protection. Mr. Schrant points out that a cattle
Department of Planning Services
August 24 , 1979
Page 2
rustler would have easy access to a herd through the other
perimeters of proposed Lot B and, particularly, from the South
and the West , and such access could be had without the know-
ledge of a person living on Lot A regardless of the responsi-
bilities of that person with reference to the cattle operation.
If Mr. Baumgartner needs control over his cattle operation, it
would have to be through an employee or agent and there is no
assurance that the purchaser of proposed Lot A, or a subsequent
grantee from that purchaser , would be in a position to assist
in the cattle operation.
2 . Mr. Schrant agrees that the land owned by Mr.
Baumgartner is of reduced value because of the prairie dog
town that now exists there. He fails to see how a residence
on proposed Lot A, or a cattle operation different from that
presently maintained by Mr. Baumgartner would eliminate the
prairie dog problem; that problem obviously will need to be
controlled by proper application of poisons or other methods
to eliminate the problem.
3 . Mr. Schrant suggests that the Baumgartner letter
of July 24 , 1979 is inaccurate when it says that the only
access to the cattle would be through the yard of proposed
Lot A. Clearly, access to the cattle can be had from the West
or South without any reasonable control from a person living
on proposed Lot A.
4 . Mr . Schrant notes that the survey shows an access
road with a frontage on County Road 67 of 43 .41 feet . This
frontage , or access way , to the body of proposed "Lot B" does
not appear to be adequate ; Mr. Schrant owns a right-of-way
immediately North of the proposed deeded access to Lot B and
feels that effective use of the access will encroach upon his
property, which adjoins the Baumgartner property to the North
and West and Southwest .
5 . Mr. Schrant advises me that Mr. Baumgartner fences
in his existing cattle operation with a single strand electric
fence ; the proposed Lot B usage , with any large number of cattle ,
will present a hazard to Mr. Schrant ' s crop lands which adjoin
the Baumgartner land as set forth above.
6. Mr. Schrant has inquired of neighbors other than
himself of the Baumgartner property, being the Henrylynn Ditch,
Mr. Harry Pippin (as trustee) and Mr. Jim Hale and is told by
those neighbors that they have not received notice of the pro-
posed lot size variance. He believes that for effective action
by the County Commissioners , all neighbors should be notified
of proposed variance to existing rules in order to effectively
Department of Planning Services
August 24 , 1979
Page 3
consider the effect of such a variance, if granted, upon their
property.
7 . Mr. Schrant is concerned that if the lot size
variance is granted, and a subsequent recorded exemption is
also granted, that in the future Lot A or Lot B could again
be subdivided and such additional possible subdivision in the
future, by Mr. Barmgartner or his grantees , would be substan-
tially adverse to the continuing agricultural use of the land
and create all of the related problems of residential develop-
ment in farming country.
For the foregoing reasons , and possible others , Mr.
Schrant objects to the granting of the lot size variance and
to the granting of any subsequent recorded exemption to Mr.
Barmgartner.
It is respectfully requested that a notice of the hear-
ing related to the lot size variance and subsequent possible
recorded exemption be mailed to him at his address which is
32945 Weld County Road 8 , Keenesburg , Colorado 80643 and that
copies of such notices be mailed to me as the attorney for Mr.
Schrant.
Very Truly Yours,
David B. E Mert
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