HomeMy WebLinkAbout770359 RESOLUTION
RE: APPROVAL OF LOT SIZE VARIANCE NO. 47 - ROBERT RAMSAY.
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 12th day of October, 1977 , in
the Chambers of the Board of County Commissioners of Weld County,
Colorado, that a certain parcel of land is owned by Robert Ramsay,
which land is more particularly described as follows, to-wit :
The South 25 acres of the SWa of the NWa of Section 18, Township 4
North, Range 68 West of the 6th P.M. , DD «ZH'T a portion thereof
described as follows: Considering the West line of said North-
west quarter as bearing North and South and with all bearings herein
realtive thereto: beginning at a point on the said West line 734.4
feet North of the West Quarter corner of said Section 18, thence
North 88°50' East 1230 feet to the East line of the Southwest
quarter of the Northwest quarter of said Section 18, thence North
177 feet, thence South 88°50' West 1230 feet to the West line of said
Section 18, thence South 177 feet to the point of beginning, con-
taining 5.0 acres, more or less.
ALSO, that portion of the SEa of the NWa of Section 18, Township
4 North, Range 68 West of the 6th P.M. described as follows:
Commencing at a point on the quarter line South 0°30' East 1328 feet
from the North Quarter Corner of said Section 18, thence South 88°38'
West 1242 feet, thence South 0°25' East 1393 feet to the quarter
line, thence North 88°20' East 821 feet, thence North 6°15' West
615.7 feet, thence North 59°50' East 555 feet to the quarter line;
thence North 0°30' West 509 feet to the point of beginning; EXCEPT
a portion of said tract described as follows: That part of the SEn
of the NWa of said Section 18 described as follows: Beginning at
a point South 0°30' East 1328 feet from the North Quarter corner
of said Section 18, thence South 88°38' West 1242 feet, thence
South 0°25' East 492.3 feet, thence North 88°49' East 1242.6 feet,
thence North 0°30' West 496.3 feet to the point of beginning, con-
taining 14.1 acres, more or less;
TOGETHER WITH: 33 acre feet of water allotted to said land by the
Northern Colorado Water Conservancy District, one-half of one share
of capital stock of the Handy Ditch Company, one-half of one share
of capital stock of the Consolidated Home Supply Ditch and Reservoir
Company, one share of capital stock of the Loveland Lake & Ditch
Company, two shares of capital stock of the McIntyre Lateral Ditch
Company, and all other ditch and water rights appurtenant to said
land, including ditch right of way as reserved in Deed recorded
in Book 1318, page 482, SUBJECT to rights of way for ditches and
public roads as nag constructed and subject to an oil and gas
lease of record but including all interest of grantors herein in
said lease.
ALSO except from the above land, tract conveyed in Book 1318
at Page 482 and tract conveyed in Book 1524 at Page 428.
WHEREAS, the owners of said tract of land desire to obtain
a variance from the minimum lot size requirement so that Mr.
Ramsay may make application to the Board of County Commissioners
to apply for a recorded exemption, as set forth in Section 9-4 .
A. (6) of the Subdivision Regulations, and
77U 35 9
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a • RENDER: Conspires hems I.2,and i.
On Add your address IR the "RETURN TO" space on
revers.
lY 1. The following service is requested (check one).
�'i Show to whom and date delivered 254
El Show to whom,date,&address of delivery 454
e O RESTRICTED DELIVERY.
Show to whom and date delivered 854
RESTRICIEU DELIVERY.
Show to whom,date,and address of delivery ..$1.05
(Pees shown ate in addition to postage charges and other
fees).
2. ARTICLE ADDRESSED TO:
Robert RamsayA Rt. 2, Box 38
A Berthoud, Colo. 80513
g 3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO. INSURED NO.
T 640867
D t (Always obtain a1RnNYr•of add..YM Sr agent)
I have received the article described above.
61 SIGNATURE 0 Addressee 0 Authorized agent
C
Pa DA OF DELIVERY .' O i7(A>l A
t F
5. ADDRESS (CmnpNte only If req std ) •
O (
B 6. UNABLE TO DYLIVER BECAUSE: ICL
N (',
I LSV #47 10/19/77
* GOP:IM-0-203-4511
RECEIPT FOR CERTIFIED MAIL-30x4 (plus postage)
SENT TO POSTMARK
OR DATE
Robert Ramsay
STREET AND NO.
t p Rt _2Y Bnx R8
P.O., STATE AND ZIP CODE
00 O Berthoud, Colo. 80513 10/20/77
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN 1. Shows to whom and date delivered L54
RECEIPT ;With delivery to addressee only 654
2. Shows to whom,date and where delivered 354
SERVICES With delivery to addressee only 854
DELIVER TO ADDRESSEE ONLY sO I
SPECIAL DELIVERY (extra fee required)
z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL <cao: Isza o-ssl-ssv
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, based upon the recommendations of the Department of
Planning Services , feels that the applicant has shown good cause
for granting 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 Robert Ramsay
for the above-described parcel of land.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 12th day of
October, A.D. , 1977.
BOA OF COUNTY COMM SSIONERS
WELD COUNTY, CO3O y
'`�y
,i"l„. 1 ' „z • G�i 1 -A i�2Y
ATTEST:
Weld County Clerk and Recorder rtt4 J
and Clerk to the Board
_ I
Deputy County Clerk'
( 1PPRO,VE//D AS TO EQQRM:
County Atto ney
Date Presented: October 19, 1977
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DEPARTMENT OF PLANNING SERVICES
tack'', 4
PHONE 1303) 356-4000 EXT. 400
915 10TH STREET
gige. GREELEY, COLORADO 80631
COLORAD
October 12 , 1977
Board of County Commissioners
Weld County, Colorado
915 - 10th Street
Greeley, Colorado 80631
RE : Lot Size Variance #44'
Dear Commissioners :
The attached letter and related items are in reference to a
request by Robert Ramsay for a lot isze variance. The sub-
ject property is described as Pt . of the NW* of Section 18 ,
T4N, R68W of the 6th P.M. , Weld County, Colorado . Said
property is located 1Z miles east of Berthoud on the west
side of Newell Lake. The property in question contains
approximately 38 acres of Class II and III irrigated soils .
The request is to obtain a variance from the minimum lot
size requirement , Section 9. 4(a) (6) , so that Mr . Ramsay may
make application to apply for a recorded exemption . Section
9. 4(a) (6) states , "That that the original tract or parcel of
land to be divided under this section meets minimum lot size
requirements established by the Weld County Zoning Resolu-
tion; variance from this requirement being allowed only upon
good cause being shown to the Board of County Commissioners
where said tract or parcel of land lies within the Compre-
hensive Plan of an existing incorporated town of Weld County .
(Revised 4/17/76)"
If this lot size variance is granted, Mr. Ramsay will pro-
ceed with his application for a recorded exemption to divide
the property into two lots . The property in question is
proposed to be divided into parcels containing 8 . 4 and 29 . 6
acres . As indicated in a letter dated September 22 , 1977,
it is the intent of Mr . Ramsay to construct a new residence
on the 29. 6 acre parcel and to house his widowed mother in
the existing residence on the 8 . 4 acre parcel .
Board of County C .imissioners
Page 2
Based upon the information submitted and the adopted policies in
the county , the Planning Commission staff recommends that the
request be approved for the following reasons:
1 . The Berthoud Planning Commission has indicated they have no
objections to the granting of this request .
2 . The request complies with the intent clause of the recorded
exemption procedure (Section 9. 2 of the Weld County Subdivision
Regulations) , the intent clause of the Agricultural District
(Section 3. 3(a) of the Weld County Zoning Resolution) , and the
Weld County Comprehensive Plan since the use would be compatible
with surrounding land uses.
Re9{Sectfully/ I(
Thomas E. Bonn
Zoning Administrator
TEH/KM: sap
•
TO: Weld County Commissioners
— 915 10th
Greeley, Colorado
SUBJECT: Preliminary application for lot size variance for the purpose of
building a new home on our property
APPLICANTS: Robert O. and Mary K. Ramsay purchased this property (see en-
closed beed with legal description) in the NW 1/4 of section 18, T4N, R68W
of the 6th PM in May of 1964. Lot size is approximately 38 acres, zoned
Agricultural
PURPOSE: We purchased this property with the intent of building a new home •
when financially able. It was beyond our imaginations that laws would be
passed to prevent this before we could carry out this goal .
The existing 70 + year old house on this property has been modernized
and made comfortable throughout our 13 year ownership, but it has never
been adequate for our needs as it only has one bedroom. Its quality and
location in the extreme corner of our land do not justify putting more
money into it to make it larger, but we have already spent too much on it
to lose our investment by tearing it down or having it moved away at a
token price.
Recent infirmity has given us a real need to provide housing for our
73 year old widowed mother who lives on Social Security and can no longer
safely negotiate the stairs to her basement bedroom and bath at my deceased
brother's home where she lives. Our small , pleasant home would be perfect
. for her as it is all on one floor.
Because Weld County now allows only one house per lot, it appears that
we must divide our land to accomplish our goals.
FEASIBILITY: We are aware that Weld County's master growth plan calls for
preservation of prime farm land and encourages development to occur near
existing towns, Our proposal conforms to both these principals.
If you look at the enclosed map of section 18, T4N, R68W you will see
that it is unicjue in that it traditionally has had a higher residential
density than most agriculturally zoned sections without official subdivi-
sions. There are 25 housing units existing now. This is probably because
the land has never been productive enough to support families by farming.
Section 18 can in no way be considered prime agricultural land because:
1 . The entire section is low lying and acts as a drainage basin for
higher surrounding land.
. 2. Newell Lake takes up at least 118.5 acres (see map) including
much of our land.
3. Many acres of alkaline flats and sloughs surround Newell Lake.
After farming our place for over 13 years, we can attest that it is
only marginal in agricultural production. We would welcome a visual in-
spection on your parts to confirm this.
Since our property lies only one mile east of Berthoud, our proposal
conforms to the "development near existing towns" principal . When we took
our proposal .to the Berthoud Planning Board and the Berthoud Town Council
it was approved unanimously by both bodies. (see enclosed letter from the
Town of Berthoud)
As for utilities and access, we have Little Thompson Water, Poudre
Valley REA and Public Service natural gas. (See comnittment letter from
Little T Water----we have verbal OK on electric from Mr. Jim Green of REA.)
Access from paved Weld County Rd. #1 is already available via a driveway
that has been in use for 40 years or more.
Furthermore, there have been at least two variances granted in section
18 since the new land use laws have been in effect, both bordering our prop-
erty. (See section map, outlined in red ---Mr. Phil Pennock and Mr. Chet
Ellis. ) In both cases, these variances were granted for the express pur-
pose of selling one of the parcels created. As a matter of fact, Mr. Ellis
sold both of his. We, on the other hand, intend to divide only for the
purpose of building a more suitable, energy efficient hone that suits our
present needs while providing our old home for our mother to use in her
declining years. We plan to keep both parcels for the forseeable future
and would be willing to agree to a specific term of ownership if necessary.
We pain to use the existing outbuildings and farm the land just as before.
CONCLUSION: We have lived and worked hard to improve our property for
many years. We have planted many trees for windbreak and wildlife shelter
and food, have improved our house to its capacity of value, torn down old
sheds, improved others, built a new barn and good corrals and unplugged the
underground drains to help the soil . We like it here and expect to be
able to enjoy the fruits of our labor. We have worked hard and planned
well to enjoy the pleasure of our very own home---with three bedrooms,
while maintaining our investment in the old one. The building of our home
will not change the character of the area, create new burdens for Weld
County or violate its principals.
REFERENCE TO PROPOSED LOT DRAWING: The enclosed drawing of our property,
• dimensions to scale, As self explanatory.
Parcel N1 has 180 feet of frontage on Weld Rd. 111 and contains approximately
8.4 acres.
Parcel v2 contains the remaining land. We plan to build far enough from
all borders to prevent future encroachment from any source.
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Recorded at � ' tJ6—���~ �f
o'dock_.lc,
Reception No 1. ' ° ''t'3'� ° 4 1N1 S°OMER
___ / Recorder. i
THIS DEED, ?.fade this day of May
R RECORDER'S STAMP tanrt:
ti i iii v,� t
in the year of our Lord one thousand nine hundred and : :
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`.}i2ity-f Ono' I'�!i q1�i a ', � i ,
between ! �.
E,e.., McColr, CIENN ALLAN MCCOIL AND �� �� I� r� ' 'f' it
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BLANCHE 11, lIcCOLL ti it I It )
of the County of Weld a
�j Colorado, of the first and State of
t ij' Part and E r ,�i� s _ti I H 0 , Lf �Il it FOE t D. F dSh7I . P1D 7,ARY It, ReDhLSAY l � 9f�
H,\ �:j
�, i t� of the County of and State of Colorado, of the second part: '�.AJITNESSETH,that the said part-ies of the first --- II _ s i
u� part,for and in consideration of the sum of ` �
fir' i'�� T21 DOLTS GIB CTII�R VlsL1IIPLE XYMEIDEEIX �I
,1 II to the said part ion of the first part in hand paid by the said parties of the second part, the receipt whereof is �� ,/,'?
hereby confessed and acknowledged, ha VO granted bargained, sold and conveyed, and by these presents do � ' '
grant, bargain, sell convey 1
and confirm unto the said parties of the second part, not in tenancy in common but in ii� i 9
joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the follolying-described lot or parcel of land, situate, lying and being in the ) "
Weld and State County of II
of Colorado, to-wit:
The south 25 acres of the S7/1/4 of the N.71/4 of Section 18, Township 4 North,
Range 63 Wont of the 6th P,M„ EXCEPT a portion thereof dencribcd no follows:
Connidorin�. the West line of snid Northwest quarter as boaring North end
South ar3 with all bearin, n heroin relative thereto: beginning at a point on
the sold 17eot lino 7311,1} foot North of the West Quarter corner of said Section
18, thence North 58° 50° East 1230 feet to the East line of the Southwest
quarter of the Northwest quarter of said Section 10, thence North 177 foot,
thence South 53° .50° West 1230 foot to the West lino of said Section 10,
thence South 177 feet to the point of beginning, containing 500 -acres, Wore
or less,
ALSO, that portion of the Sf'1/4 of the N 1/4 of Section 18, Township 4 North,
"" '^ LR r^n`• -f_the,6th,J? r.1ti flencribrd an follows, Commencing at
quarter line South-0- r - ._ . a point on the
Section 6, thence South 00° 30° 'Rost 12112 foot, thence South 0° 25° East � �
1393 foot to the quarter lino, thence North 00° 20° East 021 Loot, thence
North 6° 15° Wont 615,7 feet, thence North 59° .50° East 555 Foot to too quar-
ter lino; thence North o° 30° host _509 foot to the point of beginning, EXCEPT
a portion of said tract described an follows, That part of the SF1/4 of the n11/4
of sold Section 13 doscribod no follows, Beginning at a point South 0° 30°
East 1323 feet from the North Quarter corner of said Section 10, thence South
80° 30° West 1242 feet, thence South 0° 25° East 1192,3 foot, thence North
00° 4,9° East 2.242,6 foot, thence North 0° 30° West 1196,3 feet to the point of
beginning, containing 111,1 acres, more or less;
1CCETH JIYH, 33 acre feat of water allotted to said land by the Northern
Colorado Crater Conservancy District, one-half of one share of capital stock
of the handy Ditch Company, ono-half of one share of capital stock of the
Consolidated Home Supply Ditch and Reservoir Compact y, one share of capital
stock of the Loveland lake & Ditch Company, two shares d' capital stock of
the McIntyre Lateral Ditch Company, and all other ditch and water rights c_?
appurtenant to said lend, iucludin,g ditch ri0ht of tray as reserved in Deed -
recorded in rook 1313, page 4-02, SULTi?CT to r.ichts o[ way for ditches and t
to
public roads as now constructed and subject to an oil and gas lease of record ,_
but including all interest of grantors heroin in said _lease. `
ALSO, except fro the aboveland, tract cc-.raped in Book 1318 at Page — o
482 and tract conveyed in Bock 1.524 at Page 420.
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Count' uffELLOUSTONEI
' cwt`. �, The foregoing instrument was acknowledged before me this 1“3/ �r day of
. QV fl/,4 , 5_�: >57/.* A. D. 197',' by, Glenn Allan McCoy
1
My commission expires . 1'. y,--"Vl , 19 C,S.3Ah it ness my hand and official seal '
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SEWTNOUD 13 J 1—s -I 2 * V 18 7
ONE MILE 2 . ` 9 ti---;---, COLO. NWY. , 66 a I
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LITTLE "f t LJM►'SON V ALLEY WATEL_ DISTRIC T'
TELEPHONE 532-2096
OIRERORs: 307 WELCH AVENUE
G. ANDERSON DRAWER G
LOUIS M 9EiN BERTHOUD. COLORADO 80513
E.TTH MCGEE RI
GORD
E.CARET
J. SALOMONSON
AREY J. SALO MO NSON
MANAGER:
LOVILO H. FAGAN
September 14, 1977
Robert Ramsey
Rt. 2, Box 38
Berthoud, Colorado 80513
Dear Mr. Ramsey:
The Little Thompson Valley Water District will supply an additional water service
to property owned by you in the Section 18, Township 4 North, Range 68 West upon re-
ceipt of a tap fee and compliance with the rules and regulations of the District.
This offer will expire one year from this date.
Very truly yours:
LITTLE THOMPSON VALLEY WATER DISTRICT
f`( /�61e/
•.Z.a 0 r
Lovilo H. Fagan, Manager
LHF/cg
cc:
Robert Ramsay
LSV-47
REFERRALS
September 28 , 1977
County Engineer
County Health Dept .
Town of Berthoud
.. y .s4 ,.a.
o 328 MASSACHUSETTS AVE. — P. 0, BOX 116
• 3 a ra tx
UI P a s M *,�, TOWN HALL, PHONE (303) 532-2643
}
"4". 4 t -p. POLICE DEPARTMENT, PHONE (303) 532-2121
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„"' +b s ` it BERTHOUD, COLORADO 80513
September 14, 1977
Weld County Planning Commission
Weld County Centennial Center
915 — 10th Street
Greeley, Colorado 80631
Re: Robert & Kay Ramsay Building Permit
for 2nd residence oh property
Gentlemen,
Please be advised that in regard to the plans of Mr. & Mrs. Robert Ramsay
to build a new home on their property located in a portion of the NW 4 of
Section 18, T4N, R68W, the Board of Trustees and the Berthoud Planning Commis—
sion have expressed that the Ramsay's plans would not interfere with the over
all planning for the Berthoud Urban Service Area.
Sincerely,
Richard D. Strachan, Mayor
RDS:cam
cc: Mr. & Mrs. Robert Ramsay
BOARD OF HEALTH
Wed County Health Department DAVID WERKING, DOS, Greeley
FRANKLIN D. YODER. MD. MPH RALPH AAB. Greeley
Director 1516 HOSPITAL ROAD WILLIAM SLICK, Roggen
GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley
DONALD HERGERT, Windsor
(303)353-0540 ANNETTE M. LOPEZ, Greeley
HERSCHEL PHELPS. JR., M.D.,
Greeley
KATHLEEN SHAUGHNESSY,Ault
JOE STOCKTON, Gllcrest
September 30, 1977
Mr. Gary Fortner, Director
Planning Commission •
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
We recommend approval of Lot Size Variance for Robert Ramsay,
Route 2, Box 38, Berthoud, Colorado located in the NW4, Section 18,
Township 4 North, Range 68 West, Weld County Colorado.
Sincerely,
l6'
Get._Pa , Director
Environmental Health Services
GEP:dr
•
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x x a mEmoRAnDum
VLIDC To Date
Planning Commission October 5 , 1977
COLORADO From
Robert Ramsay - Lot Size Variance
subject:
No en ineering problems anticipated by this request.
Gilman E. Olson
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PHONE 13031 356-4000 EXT. 400• 915 10TH STREET
1 ,'® GREELEY COLORADO 80631
COLORADO
September 26, 1977
Robert Ramsay
Route 2, Box 38
Berthoud, CO 80513
RE : Request for a Lot Size Variance on a parcel of land
described as Pt . of the NWl of Section 18 , T4N, R68W
of the 6th P.N. , Weld County, Colorado
Dear Mr , Ramsay :
The necessary materials for the above described request
are complete and in order. I have scheduled a meeting
with the Board of County Commissioners for October 12,
1977, at approximately 9 : 30 a.m. Said meeting will take
place in the County Commissioners ' Hearing Room, First
Floor, Weld County Centennial Center, 915 - 10th Street,
Greeley, Colorado. It is recommended that you and/or a
representative be there to answer any questions the
Board might have with respect to your request .
If you have any questions with regards to this matter,
please do not hesitate to contact our office .
Respectfully,
•
)�' , /:
Ken McWilliams
Assistant Zoning Administrator
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