HomeMy WebLinkAbout790445.tiff RESOLUTION
RE: DENIAL OF LOT SIZE VARIANCE NO. 99 - OLAND AND SANDRA RHOADES.
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 September, 1979 , in
the Chambers of the Board of County Commissioners of Weld County,
Colorado that a certain parcel of land is owned by Oland and
Sandra Rhoades, which land is more particularly described as
follows , to-wit:
Part of the Southeast Quarter of Section 5,
Township 2 North, Range 67 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 requirement 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 of Weld County,
Colorado, based upon the recommendations of the Department of
Planning Services, feels that the applicants have not shown good
cause for granting a lot size variance under Section 9-4 .A. (6)
of the Weld County Sbbdivision 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 denied to Oland and Sandra Rhoades
for the abovedescribed parcel of land.
790445
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 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(Aye)
Norman Carlson, Chairman
9-eZ 2,7Zeil A Aye
LydiK Dunbar
/, k t C (Aye)
C. W. Kirby
/ 4 (Aye)
Leonard L. Roe
ABSENT DATE PRESENTED (Aye)
June K. Steinmark
ATTEST:
\-1}1 't tom.vt {fi 1v1.t2/t .L.r/
Weld County Clerk and Recorder
and Clerk to the Board
6 J r i
Deputy County Clerk
i`
APP� 0 D AS TO FORM:
County Attorney
DATE PRESENTED: SEPTEMBER 17, 1979
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
Wilk
COLORADO
September 12, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Lot Size Variance #99
Dear Commissioners :
The attached letter and related materials are in reference to a
request for a lot size variance from Oland and Sandra Rhoades. The
property on which this request has been made is described as Pt . SE4
Section 5, T2N, R67W of the 6th P.M. , Weld County, Colorado. This
property is located approximately 2-1/2 miles north and 1 mile east
of Firestone. The property contains approximately 15. 8 acres of
Class II and III irrigated soils and Class IV non-irrigated soils.
The request is to obtain a variance from the minimum lot size re-
quirement, Section 9-4 A. (6) so that they make make application for
a recorded exemption.
If the request is granted, the Rhoades will proceed with a recorded
exemption application to divide the property into a 3 acre parcel and
a 12. 8 acre parcel. The Rhoades wish to sell the 3 acre parcel which
has an existing residence located on it and build another residence
on the 12.8 acre parcel.
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
doubling the residential density on the 15. 8 acres. 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)
The parcel contains one existing residence and other accessory
structures including a mobile home. This request would allow
another residence to be built on the 12. 8 acre parcel which would
create an urban encroachment and be noncompatible with the Agri-
cultural District uses.
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 .
Respectfully,
0...d \kAC.AeAZ
Chuck Cunliffe
Assistant Zoning Administrator
APPLICATION FOR LOT SIZE VARIANCE
PHONE : 356-4000 Ext . 404
Department of Planning. Services) ;915 10th Street L Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. eA '_ 1 9 ► 1 5 APPL. FEE 7 5.0 0
ZONING DISTRICT , visu\-LI, RECEIPT NO. ( 010 O
DATE 3- -'1 APPL. CHECKED BY t)T_
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: Section T 2N, R £'7 W '
SOa7-g / , T7 4,F 7-465 •c,9 T
LP(;,‘'r J!.-/ -z---7- tyF rM 5f o F—
TOTAL ACREAGE: 1.5- S
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No )c
FEE OWNERS OF PROPERTY:
5
Name : a, ,v X 15N e 4.-D / Phone : r---=1cS� n
Address: ,/,/, ,,-3/ //j/7 /2 / 7 toxJur 7,� 7-, (ode ,j,�
Name: ,y,U.DE/ S. i? n < =:
Address : /7 O.3( f-")ct 7 Lel.t �--� ,7 Oenkr i Phone: r--
Name :
Address: Phone:
WATER SOURCE: Larger Parcel iti, ,oF Smaller Parcel 1,0 45--4.4_
TYPE OF SEWER: Larger Parcel 410k))3- Smaller Parcel -Z-;45,07-7(
PROPOSED USE: Larger Parcel ,pr,3&L en ; Smaller Parcel ,)cc14.[t;,,,,c;
EXISTING DWELLINGS: (Yes or No) 4/!2 (Yes or No) )/ 5
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) ,. r.�7-- .--/---,'
ignature: •caner or Authorized Agent
Subscribed and sworn to before me this?77tday of c../ , 19 71 •
SEAL
1(2—P- -17 24
., 0
Notary Public �'`jt/ / g/
y Commission expires:
July 31, 1979
Dear Sirs,
We are requesting a Lot Size Variance so we can obtain a
building permit for a smaller house.
Our- plan is to sell the existing house as it is to large
for two people now that our family is raised.
We have a total of 15. 8 acres of which 3 acres will be
sold with the existing house.
The size, number of water share and soil type (sandy) limits
what we can raise on it to alfalfa or corn. None of the ground
that we now farm will be used for the location of this new house,
as we have approximately two acres in pasture that we plan to
use for this home site.
There are several small acreages ajoining our ground that
are from 5 to 35 acre plots, so small parcels of this type are
not unusual for this area.
We would like to thank you for the time you have taken on
this matter.
Sincerely yours
Oland & Sandra Rhoades
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LEGAL DESCRIPTI ,U "s' - 2-'?
CASE NO. isV-97
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SOIL CLASSIFICATION
OLD NO. i NEW NO. IRRIGATED NON- IRRIGATED
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FIELD CHECK
Fl LING NL'dBER: LSV - DATE OF INSPECTION: AUG 171979
NAME:
REQUEST: L Svtiat, VQ.Y‘4M.ti.e/
LEGAL DESCRIPTION: , sea- , ta'1 #Js2,,,,,
LAND USE: N �j \CU'iAA.V�1
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zoNztac: N t\-sY‘cA\-urQ
LOCATION: NI6rIAIN wida COW heir44, thleire*C..\"%aA CA---
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COMMENTS:
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BY:
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REFERRAL LIST
z
o H APPLICANT Oland andSandra Rhoades
CASE # LSV--99:79:18. . .
REFERRALS SENT OUT ON: August 10, 1979
cn O
z 0 REFERRALS TO BE RECEIVED BY August 31, 1979
H w
H z
U U 0
H W
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O V M
W
zcnz REFERRALS RECEIVED
X AUG 2 2 1979 County Health
t'i1rr AUG 28 i979 County Engineer
Town of Firestone Planning Commission
c/o Minnette Paul
SEP 10 1979 Town Hall
150 Buchanon Avenue
Firestone, CO 80520
X June 12, 1979 Central Weld County Water District
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