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
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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 ,
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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
•
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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
•
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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.
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