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HomeMy WebLinkAbout790447.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 102 - MARVIN D. HOPPER, ET AL. 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 26th day of September, 1979 , in the Chambers of the Board of County Commissioners of Weld County , Colorado, that a certain tract of land is owned by Marvin D. Hopper, et al . , which land is more particularly described as follows : Part of the North Half of the Southeast Quarter of Section 15, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. WHEREAS, the owners of said tract of land desire to obtain a variance from the minimum lot size requirements so that they may make application to the Board of County Commissioners for a recorded exemption, as set forth in Section 9-4 .A. (6) of the Subdivision Regulations, and WHEREAS, the Board of County Commissioners feels that the applicants have 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 Marvin D. Hopper, et al. , 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 26th day of September, A.D. , 1979 . 7 -r- ' BOARD OF COUNTY COMMISSIONERS ATTEST: . L';'✓A4Nti + " '`"" k7ELD COUNTY, COLORADO Weld County Clerk and Recorder C (Aye) and Clerk to the Bo E Norman Carlson, Chairman r. nt '!/sn,z .,'/ (Aye) Deputy County erk Lycloa Dunbar APPL2cy D AS TO FORM: , j /; ill (Aye) C . W. Kirb County Attorney (4"-%"tt " Cc ((21 (No) and L. Roe ' J e K. Ste nmark 790447 DATE PRESENTED: OCTOBER 1, 1979 DEPARTMENT OF PLANNING SERVICES PHONE 1303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WIIDe. COLORADO September 26 , 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Lot Size Variance #102 Dear Commissioners: The attached letter and related materials are in reference to a re- quest for a lot size variance from Marvin D. Hopper, et al. The property on which this request has been made is described as Pt . Ni SE* Section 15, T2N, R68W of the 6th P.M. , Weld County, Colorado. This property is located 2 miles west and 1-1/2 miles north of Firestone. The property under consideration contains approximately 73.4 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) of the Weld County Subdivision Regulations, so that they may make application for a recorded exemption. The Hoppers wish to build a new home on a 4 acre parcel. As stated in their letter dated August 29, 1979, they were unable to secure a construction loan without a separate title on the 4 acres. They wish to separate the 4 acres to protect their personal investment . The balance of the property is owned by a partnership, 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 26 , 1979 2. This request is not in conformance with the intent clause of the Agricultural Zone District (Section 3.3A of the Weld County Zoning Resolution) . This request would not be encouraging agricultural use as the highest and best uses, it would not be providing for the orderly expansion of urban growth and it would be promoting the division of agricultural land into smaller, less economic parcel sizes. The applicants have stated that they intend to keep the larger parcel in agricultural production, however , if this request is approved it would allow a second residence on the parcel increasing the residential density on the parcel and in the surrounding agricultural area. Increased residential density can result in greater demands on the services which residential uses require and higher costs for providing those services to the residents of the County. 3 . This request is not in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . The parcel contains one existing residence and outbuildings with the majority of the parcel in agricultural production. This request would allow another resi- dence on prime agricultural land which, lin the opinion of the Department of Planning Services Staff, would be non-compatible with agricultural district uses. Respectfully, eikati ae&A\ta Chuck Cunliffe Assistant Zoning Administrator csd APPLICATION FOR LOT SIZE VARIANCE PHONE : 356-4OOO Ext . 4O4 Department of Planning Services, ,915 1Oth Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. ,..SV 1CL APPL. FEE 7S ' ZONING DISTRICT CAA,W1AYA‘ RECEIPT NO. 707 , C DATE AUG 301979 0 1979 APPL. CHECKED BY �,p.� 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. �n y LEGAL DESCRIPTION: 9t it 5 , -1Section /3-- T IA N, R a W TOTAL ACREAGE : 7 3 ' q Has this property been divided from or had divided from it any other property since August 3O, 1972? Yes No FEE OWNERS OF PROPERTY: Name : / E v p i ir4. +� > r c K---. Phone : 7'72 Address : (> 'L °- ' „` . • ,...< ^ .- n Name: ' , i �_ '. 3 /�f/ Address : - I �. #/r Phone : --ADS-. 2 '53 Name : Phone : Address : WATER SOURCE : Larger Parcel . Smaller Parcel _ -pre/ TYPE OF SEWER: Larger Parcel l Smaller Parcel _rc PROPOSED USE: Larger Parcel ,(� Smaller Parcel EXISTING DWELLINGS : (Yes or No) "� (Yes ep--Ntr 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 knolvledge. orr, COUNTY OF WELD ) STATE OF Cg1,O ADO) c c '� ietAd jy k a I,424, ,2 c ignature Owner o Authorized Agent 0 pi--,te`., ._ r4c,,k\A. h fici [ �lq Subscribed and sworn to before me this 3 " /0 day of (r�C� 19 /' SEAL (6s Notary ublic My Comkisdion expires: >. Aug. 29, 1979 Weld County Planning and Zoning Committee Weld County Commissioners Greeley, Colorado Dear Committee Members, We are requesting a separation of our land into two partials, as described in the attached plat. We would like to explain our original intentions before and during our purchase of the said property. In 1972, when we moved to Colorado, we moved into this old farmhouse with the option to purchase the farm if we could manage to finance it. We decided to purchase the farm, but had difficulty finding a way to finance it. We then agreed to accept a partnership, in all but four acres, with Mrs. Hopper's mother and step-father. Our intentions were to separate the four acres, so if we did lose the farm, for some unknown reason, we would not lose our house. Our attorney at the time, Chuck Saxton of Longmont, said he would take the appropriate action to separate the four acres and protect our persona] investmento It was not until this year, when we decided to build a new home and went to get a loan, that we discovered that we were unable to secure one on just the four acres without a separate title. We need the separate title not only to finance our new house, but to insure us that if something was to happen to one of the partners, their heirs could not come in and cause us to lose our home. We fully intend to keep the 69 acres in crops as we have in the past. We throughly enjoy not having close neighbors, and would like to see as much land remain . good farm land as possible. Your positive consideration on this title change will. be greatly appreciated. S incge , Of D. Ho e `le a on . Hopper lfabfj 3656 Weld Cty. Rd. 2C+ Longmont, Colo. 80501 k NE. COR.SEC.15 E.1/4 COR.SEC.I5 SE.COR.N.I/2,SE.1/4 SE.COR. SEC.15 T2N,R68W, 6TH. T2N, R68W, 6111. SEC.15,' T2N, R68W, 6TH. P.M. P.M . P.M. ' NORTH 1330.50' — — _ J — — — — — — _s • EAST LINE SE.I/4, SEC.IS p, 13 0.50s F- 0 , a U.S. INTERSTATE 1-25 g N SERVICE --N 00° O1'E — — ROAD �,— _ _ — I— — PSI a CAD 30' r --"— 1330.35— — — VETiiis OFFSET ' I NWT R.E.A. 40' IRRIG.DITCH 25' WEST LINE I : I EASEMENT BOOK EASEMENT NW I-25 . 656 REC.NO. 15781BS BOOK ISQ3 P6.107' BOOK 1303I I I PG.108 I I NOTES:TRACT RECORDED BOOK 1 I 1 1024 PAGE 95 CONTAINED IN PRESENT RIGHT OF WAY I 1 I OF US. I-25 I ALL BEARINGS RELATIVE I I TO EAST LINE S.E. 1/4 SEC. IS NORTH AND DO NOT NECESSARILY REFLECT II TRUE MERIDIAN. I -1 I j • 0 gill in I N I I Fig I LOT B .N o z1 1 I 69. 4 AC. t wi I in e 0 0 N W I w i t O PIN CAP �y ISO CFFSET I r I1111 O J S00°II.W Im I w• I r 435.0' -9 I v� a „' I0 LOT A „'a _ I 2 II - yl 4.OAC% 801 - II I5 ;1 I e CO Z id I m 1 435.0' . mi ILN 00°11`E z z1 I\PIN B CAP • , I I I I 30' -+ T z2 • , j- ~ . O1 8 -u o N 1nn 8 r , B FENC PIN CAP E 1.3' . FENCE IS ' ,"± I SO'OFFS ET UNE W FENCE IS 1.3'E I' I SOUTH OF 4, 1329.05' OF LINE 1329.05 I • -I. S 00°4 W�° - 0 NEST LINE SE.1/4,SECC . N.1/4 COR.SEC15 I CENTER SEC.15 SW COR.N.1/2 I 1/4COR. SEC.15 • T2N,R68W,6TH. I 1 T2N,R 68W, 6TH. SE.I/4,SEGI I T2N, R 68W, 6TH. PM. I P.M. I PM. L - - - - - -- - - J L- r - - - - - - - - - - - - - W W I/4 COR.SEC.IS I 1 SW.COR.SEC.IS T2N,R68W, 6TH.- . R68W T2N,R68W, 6TH. PM. • P.M. V� • tQ`1 SCALE=111 400' • ere ,Illllllll\ DATE: AUGUST I7, 19 7 9 !o JOB NO. 179- 2237 RINN MARVIN D. HOPPER 16 l 15 > 14z SHARON K. HOPPER N VERNER A. JOHNSON ��R/o, I i ADELYN C. JOHNSON WELD COUNTY, COLO. '`'-"--� RINN COMMUNITY CHURCH 1 . 1 22 VICINITY MAP SHEET, 10F2 • - 1" 2000' 179-2237 i. LEFT HAND WATER SUPPLY COMPANY P .O. tOX D NIlWOT, COLORADO80544 1Pkonrs 552.2188 , Mr'iro 443-2036 August 13 , 1979 Marvin Hopper 3656 Weld County Road 201 Longmont , Colorado 80501 Mr . Hopper : The present home located at 3656 Weld County Road 202 , Longmont , Colorado, is being served by Left Hand Water Supply Company. (Certificate enclosed. ) A Left Hand water line is parallel to County Road 201 . If the Company engineer approves and when all Company policies and requirements are met , another membership will be available on the property. If further information is required, please contact our office. Thank you, David F. Coleson, Manager DFC/jm enc. CERTIFICATE No 3144 NOT FOR PROFIT CORPORATION INCORPORATED TINDER THE LAWS OF THE STATE OF COLORADO Left Hand Water Suppi Company 'TN? is to Co if That AX 4h yL. is a member of the LEFT HA WATER SUPPLY COMPANY, a corporation without capital stock, organized under the laws of the State of Colorado and is entitled to all of the benefits and subject to all the rules and regulations of the Company, as provided in its Articles of Incorporation and By-Laws. The Holder hereof is entitled to one vote only in the affairs of the Company and the holding of additional Certificates of Membership by the Holder hereof shall not entitle him to more than one vote. IN WITNESS WHEREOF, LEFT HAND WATER SUPPLY COMPANY has caused this Certificate to be sl red by its del rued officers and Sealed with its Corporate Seal this day of L 19.2 ATTEST: (_�`lary President s c , • E GAL DESCRIPTIepr. k Ytt 15-4--tea CASE NO. LTV 1n2. d ��b 0D sO' -6 in y�,t 5` 5 5 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 34 A- B t3oOc_ III NO OF . 55 - 1 47 Zee. 5 - BB 7(0 IE c. 1l e 51- 1 53- /18 31 P1 Tom. • �e y " v2 Li ;rt j �; `j „µ 4d$ { tp k'" rW' 1eM" y': ;, i; t f :41 , it 5 r ♦ ' a *. . {,mow '' t r T rP s ± } h 4,t4 m : t r �. . I Tr . ..y ' 1 x i 3 u g. K 3G + y d• 'tom iT''L y .0 k, F'AM-i � bk -. w w.}'" ,,' 4 ^ tr r ,r{ x , i;::, , ,, ,, p is ,.5 9 a4 I I M�#�� y�y M u R" H 'J."M1 M1f ` t' 'C {. r [�+ ; � 11.4-/ i y ltY^. 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"r lz . . .. � k. . rr REFERRAL LIST U) APPLICANT Hopper/Johnson H CASE # LSV-102 REFERRALS SENT OUT ON: September 7, 1979 Cw W REFERRALS TO BE RECEIVED BY: Septem ter 19, 1979 F 7 U U O W H PD )- V rn r-i W O o a W o vi c REFERRALS RECEIVED MUM MOM MOM X SEP 21 1979 County Health County Engineer Tri-Area Planning Commission c/o Debbie Smaller Box 363 Frederick, CO 80530 9/12/79 sent 9/6/79 State Highway Department SEP 17 1979 1420 2nd Street Greeley, CO 80631 • • • ri FIELD CHECP. FILING NUMBER: `Sv rot DATE OF INSPECTION: SEP 24 1979 NAME: ` I JOAY14e!4 REQUEST: `.p\- Snag. VpY•e C.i+ LEGAL DESCRIPTION: ?Sr N Lt %ILV \S ,'TZNrIA:4W LAND USE: N 13urak • • S 1 _ w ZONING: N LOCATION: a VIA\\CS 1/4,10•.V E • 4 le O2- vv;Aves YnbLv . COMMENTS : 'Prevail Ines 44,‘ we ,cts\ c ivvv sJay .�..S: McLiti a r�ti► a. WeeleviAn is iYvt qk,d. ‘;‘,_ ' Ccvrn ok\. S rev:, . T' 'Ave Ser w0 a er sneer 1ne \nom. N alga �� vst•d, auo ita-kr4- .�✓ S` -. _ . es t& 20�L \s nava.\ cpx 4144_, Z v Y e a.a V Vn% O`\ a. BY: fi Hello