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HomeMy WebLinkAbout790448.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 103 - JOSEPH ROMERO. 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 of Weld County, Colorado has determined, at a public hearing held on the 3rd day of October, 1979 in the Chambers of the Board of County Com- missioners, that a certain tract of land is owned by Joseph Romero, said tract of land being more particularly described as follows : Part of the South Half of the South- west Quarter of Section 34, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. WHEREAS, Joseph Romero desires to obtain a variance from the minimum lot size requirement so that he may make applica- tion to the Board of County Commissioners for a recorded exemp- tion, as set forth in Section 9-4.A. (6) of the Subdivision Regu- lations , and WHEREAS, the Board of County Commissioners of Weld County, Colorado feels that the applicant has shown good cause for grant- ing 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 Joseph Romero for the abovedescribed parcel of land conditional upon the appli- cant obtaining a lot width variance from the Board of Adjustment for the proposed Lot B. .,t- • BOARD OF COUNTY COMMISSIONERS ATTEST: Qi Q(,t1/R/f,art/ WELD COUNTY, COLORADO L Weld County Clerk and Recorder :724 t , (1044 (Aye) a Clerk to the Board Norman Carlson, Chairman y' y y �fEldf ' '% GyLf��(Aye) t eput Coun erk // L i unbar AP V AS TO FORM: �/ e 1 l'„ I . (Aye) C. W. Kirby lint o� rn `G Y t Y /Rite uv_e,*-�.cc, '�t_f (Aye) eonard L. RRoe J%-1ei X &4e71.11h (Aye) DATE PRESENTED: OCTOBER 10, 1979 ne K. einmark 790448 DEPARTMENT OF PLANNING SERVICES PHONE 13031356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO October 3, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Lot Size Variance #103 Dear Commissioners: The attached application, plat and related items are in reference to a request from Joseph Romero for a lot size variance. The parcel on which this request has been made is described as Pt . SZSW* Section 34, T5N, R65W of the 6th P.M. , Weld County, Colorado. This property is located 2 miles east of the Town of LaSalle. The property contains approximately 73. 05 acres of Class II and III irrigated soils. The request is to split the property into parcels of 1.4 acres and 71. 6 acres. Mr. Romero desires to sell the proposed Lot B to his daughter and son- in-law for the purpose of building a residence. They will demolish the existing tenant house and replace it with a new residence. Mr. Romero will retain the remainder of the parcel including a residence, several outbuildings and the farm land. 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 proposed split conforms with Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemption procedure) , Section 3. 3.A of the Weld County Zoning Resolution (intent clause of the Agricultural Zone District ) , and the Weld County Comprehensive Plan in that each parcel does have an exist- ing set of improvements. The use will be compatible with surround- ing agricultural uses. The request will allow agricultural and related uses to be the predominant land use. There will be no reduction in the amount of land currently being used for agri- cultural production. Board of County Commissioners Page 2 October 3, 1979 2. The Town of LaSalle has no objections to this request . 3. The request complies with Section 9-4 A. (6) of the Weld County Subdivision Regulations because in the opinion of the Department of Planning Services Staff, the applicant has shown good cause for the variance. The Department of Planning Services' recommendation for approval is conditional upon the applicant obtaining a lot width variance from the Board of Adjustment for the proposed Lot B. Respectfully, Vickie Traxler Assistant Zoning Administrator csd September 5 , 1979 Department of Planning Services Weld County Colorado 915 10th Street Greeley, Colorado 80631 Re : Lot Size Variance Joe G. Romero Farm Gentlemen : I enclose with this letter an application for lot size variance together with a sketch plan of the site , a copy of a Warranty Deed , an application fee of $75 . 00 represented by a check. By telephone I have confirmed with Central Weld County Water District that a water tap could be available to proposed Lot B and, upon receipt of a confirming letter , I will deliver it to you . The reasons for the proposed lot size variance on Lot B are as follows : 1. If the lot size variance is granted I will sell proposed Lot B to my daughter and her husband , Larry Miller and Janet Miller. They will demolish the existing tenant house on the premises ( structure #3 as appears on the attached sketch plan) and erect a modern house which will be their residence . The existing tenant house was last occupied by a hired man and his family and was vacated on about May 17 , 1979 ; the tenant house is an extremely old structure which has been added to from time to time and its state of repair is such that the cost of remodeling would substantially exceed the values of the tenant house after it was remodeled. My daughter and her husband plan to use the existing domestic water well which lies directly east of the present tenant house and they will also use the existing ceptic system which extends northwesterly from the present location of the old tenant house, 2 . The copy of the deed attached shows that title to the captioned property is in my name with Mary J. Romero as joint tenants with right of survivorship. Mary J. Romero , my wife, died on July 1 , 1979 and as the surviving joint tenant I am now the owner of the property. Steps are in progress to file appropriate inheritance tax and Federal estate tax returns Department of Planning Services September 5 , 1979 Page 2 and at the time proposed Lot B is deeded to my daughter and her husband, I will have obtained an inheritance tax release for that parcel. Because of the recent death of my wife, it will be very helpful to have my daughter and her family living near to me and it is my present intention to retain my residence and all of the remaining irrigated farm ground owned by me, and I intend to live in my residence so long as my health permits. 3 . The old tenant house, which is to be demolished, has over the years been occupied by tenants of mine who worked for me in the dairy operation. Most often the tenants had families and my daughter and her husband, building on the site of the old ten- ant house, will not increase the population of the area or burden the schools and public services to a greater degree than hereto- fore. 4. The former use of most of the area encompassed by proposed Lot B was for pasturing cows and new calves in connection with my dairy operation. I have now discontinued the dairy opera- tion and do not intend to resume it and, accordingly, have no use of proposed Lot B as an area for pasturing animals. It is my hope that the County Commissioners can approve the lot size variance and, after it is obtained I will cause the other steps to be taken in order to obtain a recorded exemption of proposed Lot B in accordance with the requirements of the County and its Department of Planning Services. If there are any detailed questions , please feel free to contact me or my attorney, David B. Emmert . Very Truly Yours , -_ ram, Joe G. Romero APPLICATION FOR LOT SIZE VARIANCE PHONE: 356-4000 Ext . 404 Department of Planning Services, 915 10th Street , Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: 1 CASE NO. LSV - 1b3. 1Q: 2- 4'- APPL. FEE n•oc7 ZONING DISTRICT PfrascACckAltdra.1 RECEIPT NO. ‘ Q1b\ DATE SEP 6 1479 APPL. CHECKED BY CPC 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: Sz SW1 Section 34 T 5 N, R 65 W Except the following: Beginning at the Southwest corner , thence N 0°49 ' 40" E 360 ' ; thence S 89°19 ' 23" E 538 . 75 ' ; thence S 16°58 ' 30" W 187 . 53 ' ; thence S 14°17 ' 07"W 185 . 21 ' ; thence N 89°19 ' 23" W 443 . 50 ' to the point of beginning. TOTAL ACREAGE : 73 . 05 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 : Joe G. Romero and Mary J. Romero* Address : 2421 (1 Weld County Road , 43 _ T,aSalle ,Colophone : 284-7965 Name: Address : *Mary J. Romero died 7/1/79 ; title was Phone: Name : in joint tenancy and Joe G. Romero , as surviving joint Address : tenant now is fee owner Phone : Irrig. S domestic WATER SOURCE: Larger ParcelWell,s S Central Smaller Parcel Domestic Well Weld W.D. TYPE OF SEWER: Larger Parcel Ceptic System Smaller Parcel Ceptir System Residence and PROPOSED USE : Larger Parcel irrig.. farm Smaller Parcel Residence EXISTING DWELLINGS : (Yes or No) yes (Yes or No) Yes (to be demolished 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 ) CFI v ,1 STATE OF COLORADO) /� -; c �:�/.1W-c' Si ature : Ow er or Authorized Agent Subscribed and sworn to before me this e day of , 197, . 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DATE OF INSPECTION: 9/7/79 NAME: Joe Romero REQUEST: Lot Size Variance SaSW* Section 34, T5N, 1165WLEGAL DESCRIPTION: LAND USE: N Agricultural E Agricultural S Agricultural j9 Agricultural ZONING: N Agricultural LOCATION: 2 miles east of the E Agricultural Town of LaSalle S Agricultural w Agricultural COMMENTS: Parcel contains two excepted parcels each with residences. There is one residence on the larger parcel, Lot A. Lot B contains an older residence and several outbuildings. Remainder of Lot A appears to be irrigated cropland (corn) and corrals. Surrounding properties appear to be irrigated farmland. • BY: ea-AIL/f. 7L REFERRAL LIST rn 0 APPLICANT Joseph Romero H c CASE # LSV-103 : 79: 22 REFERRALS SENT OUT ON: September 12, 1979 o REFERRALS TO BE RECEIVED BY: September 21, 1979 C W W H C. Co H 0 tUa H P O 0 CG U) c REFERRALS RECEIVED rn 0 mantxXAxnulow X SEP 21 19/9 County Health SEP 1 ^ 1979 County Engineer X Itltplwss Csrvtrsoki.w.. Evelyn Warne Town of LaSalle Planning Commission 1O- 1 - Ign Box 717 LaSalle , CO 80645 • at Hello