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Home My WebLink About790442.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 96 - ZELLA GLARDON 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 22nd day of August, 1979, in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain tract of land is owned by Zella Glardon, which land is more particularly described as follows : Part of the West Half of the Southwest Quar- ter of Section 20, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, the owner of said tract of land desires to obtain a variance from the minimum lot size requirement so that said applicant may make application to the Board of County Commis- sioners 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 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 Zella Glardon 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 22nd day of August, A.D. , 1979. • JY] aitew4eAMA#4241-en/ BOARD OF COUNTY COMMISSIONERS ATTEST. �� tt D COUNTY, COLORADO Weld County Clerk and Recorder (Aye) a Clerk to the Norman Carlson, Chairman •- eputy County C Aerk Lyd Dunbar. APP OVED AS TO FORM: - � �; -�,ti � (Aye) C. W. Kirby - c.,"<;D County Attorney Gc..41-vtaca' ' ,ere (Aye) L nard L. Roe r he K. einmark 790442 DATE PRESENTED: AUGUST 27, 1979 DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Wilk COLORADO August 15, 1979 ��'�� t \ Board of County Commissioners `'•� ��y Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Lot Size Variance #96 Dear Commissioners : The attached letter and related materials are in reference to a request for a lot size variance from Mrs. Zella Glardon. The parcel of land is described as Pt . WZSW* Section 20, TiN, R67141 )491 the 6th P.M. , Weld County, Colorado. This property is located 2-1bn miles south and 1/4 mile east of Dacono. The property contains approximately 79 acres of Class II and III irrigated soils. The request is to obtain a variance from the minimum lot size requirement , Section 9-4A(6) so that Mrs. Glardon may make application for a recorded exemption. If this lot size variance is granted, Mrs. Glardon will proceed with an application for a recorded exemption to divide the property into two parcels. The smaller parcel will be sold to Mrs. Glardon' s daughter and son-in-law who are presently living in the residence on the parcel. The larger parcel will be retained as an agricultural unit by Mrs. Glardon and her brother, Lawrence Totems. 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 in that it would promote non-agricultural use of agricultural land and it would encourage urban encroachment on rural land use. 2. 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: Board of County Commissioners Page 2 August 15, 1979 "The intent in establishing the Recorded Exemption Procedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby non- productive agricultural 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. " (Rev. 4/17/74) The Comprehensive Plan urges residential development to be closely connected to and served by municipal utilities, and towns should be encouraged to service new developments within a reasonable service area from the town. The Plan further indicates subdivision of land should conform to the overall development goals and policies. 3. It is the opinion of the staff that the proposal is not consistent with the intent clause of the A-Agricultural Zone District 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 the district , to encourage agricultural uses as the highest and best use of the land in the district as compared with other uses in conflict therewith, and to provide for the orderly expansion of urban growth in conformance with the Weld County Compre- hensive Plan. " (Rev. 12/29/76) The nature of the request is not , however, providing for the orderly expansion of urban growth in conformance with the Comprehensive Plan. The request would allow another residence on the larger agricultural unit and would therefore double the residential density on the parcel. Increasing the residential density will place a greater demand on the services which residential development requires and, therefore increase the costs of those services provided. Respectfully, 'CLILL:s1104L Vickie Traxler Assistant Zoning Administrator csd . APPLICATION FOR LOT SIZE VARIANCE PHONE: 356-4000 Ext . 404 Department of Planning Services, 915 10th Street , Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. LS v 9 (o 1c:1 AS APPL. FEE "75 .0 '0 ZONING DISTRICT RECEIPT NO. 1O b42_. DATE S L1..„V 1 l T1 9 APPL. CHECKED BY V'r 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: W;,SW4 Section 20 T 1 N, R 67 W 6th PM TOTAL ACREAGE: 78. 949 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: Marguerite Totems Address : 7173 Weld Co. Rd. #6 Brighton, Co 80601 Phone : 659-2184 Name: Lawrence Totems Address : 7173 Weld Co. Rd. fi6 Brighton. Co. 80601 Phone: 659-2184 Name : Zella Glardon Address: 69$2 WM1d - oy Rd. #6, Brighton, Co. 80601 Phone: 659-1481 WATER SOURCE: Larger Parcel Well Smaller Parcel mt . View WaterAssn TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Agriculture Smarn Parcel Home,Lawn,Garden EXISTING DWELLINGS: (Yes or No) Barn (Yes or No) Yes 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) �.,�.-L-el.._ ...k �_ Z t•-,Signature: ' Owner or Authorized Agent Subscribed and sworn to before me this day of 19 7/ . SEAL CZ ^ Notary Publi /. /97/ .M Commission expires: b TO WHOM IT MAY CONCERN: THIS LETTER IS ATTACHED TO AN APPLICATION FOR "LOT SIZE VARIANCE REQUEST" . NO .6 - asks for a letter of explanation detailing the sit- uation indicating the reasons why the above request : 1. Our mother, Marguerite Totems, was widowed in February of 1953. She kept up the house and yard as best she could until about four years ago she had a severe stroke that disabled her and she no longer could care for the house and yard. During her partial recovery my brother, Lawrence Totems and I, Zella Glardon, took care of the house and yard according to the time we had which did not do justice. Our mother now is living with my brother but I have her about four days out of the week. We share her. In the meantime, my daughter and husband sold their home in Thornton and moved into the home and have been redoing it (painting, insulating, etc. ) They would like to buy the place and we would like to sell it to them. 2. Mother will never be able to take care of herself or be responsible since she is 92 years old . She visits her old home and enjoys the family and feels free to visit there where she has lived since 1917. We prefer selling it to family since the house is so close to Lawrence and family. We hope this explains our situation. We hope you will give us consideration. Sincerely, (4 ),_ .7 ) f 1 ) Mrs. Zella Glardon zg r � Brighton, Colo. May 17, 1979. To whom it may concern: This is to certify that Ms M. Totems is the owner of MT. View Water Users Association Certificate and that water is being served to the resident at 7193 Weld County Road 6, Brighton, Colo. .L Jo son, Secy Mt. Vi ater Users Assc'n. WRJ 25-75 I COLORADO DIVISION OF WATER RESOURCES TYPE OR 818 Centennial Bldg., 1313 Sherman St. PRINT IN BLACK INK. COPY OF ACCEPTED Denver, Colorado 80203 STATEMENT MAILED ON REQUEST. STATE OF COLORADO AFFIDAVIT COUNTY OF WELD SS. STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD X LATE REGISTRATION PERMIT NUMBER LOCATION OF WELL Marguerite Totems, Lawrence Totems, THE AFFIANT(S) Zella Glardon County Weld whose mailing address is 6982 Weld Co. Rd #6 West y, of the Southwestr, section 20 City Brighton Colo. 80601 Twp. 1 N , Rng. 67 W 6 pm f5,,,() (ZIP, IN OR 51 IE OR \NI being duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon; the well is located as described above, at distances of 290 feet from the North section line and 1666 feet from the IRORTM OR SOUTR) West section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the 13 day of Feb. , 19 26 ; the maximum sustained pumping rate of the well is 15 gallons per minute, the pumping rate claimed hereby is _ 15 gallons per minute; the total depth of the well is 720 feet; the overage annual amount of water to be diverted is N/A acre-feet; for which claim is hereby mode for Domestic Purposes only purpose(s); the legal description of the land on which the water from this well is used is W SW ii. Sec. 20 Twn. 1N, Rng. , 67 W,6th PM. of which N/A acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the some are true of his (their) knowledge. (COMPLETE REVERSE SIDE OF THIS FORM) Signatures) 6_ (.i.�','`�C�;i � O,-fr :L _ 1��_ _ = -- FOR OFFICE USE ONLY Subscribed and sworn to before me on this 5-- day of , 1977 Court Cose No My Commission expires: `' '"t� / F/ Prior Mo. Doy Yr n A .51-AR. vU�LI D �. Cty. ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: Sec Y.. 1/, i. Well Use Dust _ Bosun Mon Dus DATE SATE FtvO(NEER BY Well drilled by Bowen Drilling Co . , Denver,Colo. Lic. No. Unknown Permanent Above Domestic Purposes II installed by Lic. No. Meter Serial No. N/A ❑ Flow Meter Date Installed Owner of land on which WiSWw Sec. 20 Twn 1 N Rng. 67 W th PM water is being used • THE LOCATION OF THE WELL MUST BE SHOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS-HATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. I I I 1 1 I — + -- + -+ — + f — + — I I I I I I — +. — + + + + -- + NORTH SECTION LI E NORTH -- + — -� w + — + N mn o J Z a I +�_ - 0 U I Z Li., I- `" w x 2 + - " SOUTH SECTION LIME — + — + + — + . + -- +" • I - - I. I THE SCALE OF T E DIAGRAM IS TWO INCHES E UALS ONE-MIL E — -}- — + -+ - + + - +- -4--1 Mile ' 1 1 WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep. 1 cubic foot per second (cfs) . . . 449 gallons per minute (gpm). - 1 acre-foot . . . 43,560 cubic feet . . . 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. 100 gpm pumped continuously for one year produces 160 acre-feet. (WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER PINK COPY WILL BE RETURNED TO OWNER) I LEGAL L DESCRIP . ,0NILI W`l" z�-/- '7 E CASE NO. I-51/ 96 47-s sr-C a 6A-• X40-0 sr X40-0 41$-0 v " + � X40-C 41-' X40- 41/#4 +• 4111-. 44m..0,D SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED X40 C, e3 4/A4-8 42 _z2Zr- 1 1 •4 I RECORDED L XEMPT/ON NO. SHEET 2 OF 2 Al .l- Weld Co. Rd 9 1 L:1.1. sci 6�y Sec. 20, T./N., R LOCAT/ON MAP CC R.6,7W v - v Sca/e: /".2000' �, 3 M k en th LOT 1. C ``4 LOT A .�' 3 Q nk,� - Weld Co.Rd(o ; Weld County//ne 2ins. I t i'Y.%4 Cor. Sec.Z0, S. B9°53'43"E. /3/4.93' • T. /N., R.�7W -- : North line S.W %4 Sec.20 \ k 3 � trik ,`) . / '$,,,, 0 � I Ch O N 1 LOT 8 7 7.949'Ac. N 1 CIA 0% 0 300 it /50 Scot e: /"t 300' k ti tii O .,- h O c 0, O kklo %-.511. NG O "tioK C e I LOT A -� 3 Z 000 Ac. k. k °' (7) Recorded in Book /387 _Po ge 7 We/d Co.Reco�ds N 90°00'00"J�t/. a' k /40.00 /8.00' °o y ~ ,.. 30.00' .k..1t p ° -‘9-4.;1 - N 90°00,0W' N i ho o 235.3 0',3 A. ‘V ‘' S.W C'o� Sec. 20, 6 South line Sec.20 o N ?o .h "lei_ _ 0 v T./N.,Fi'.(o7lf/. o oti 848.90' - °j 2356,' j---- Weld County/4d. 6- o/ao' 4:4 "."30.00, N 90°00'00"W. `- , -`/' _.1.- f L, E`{y,.f(y,.�)L c l.t (: ; . ; :1 t . .,: ,r....4- .il7�x`�*II'.a-�L+ 3.of3�.::'S ::i •;�..y r..w ",:, 44-.1" ' 5 � , - ' ,‘‘,i''''''''' ''''' ` '''0 , a, f y il'.4'' , PA " ,, ,¢3 w add of SS¢¢¢N��'v^ ,rt '''''.4.441#1.'' „,., 'if,,:,,,,o,,,,,,ft„..,tv*-;=,,,''''.,',,, , tt P. ep t '`e' ` .HAS, n .fir. so !P'.,..i'''p nA. l'' fir' m k � k e'17* t • ii NY, ix i FIELD CHECK FILING NUMBER: LSV-96:79:15 DATE OF INSPECTION: 7/26/79 NAME: Mrs. Zella Glardon REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt . W2SW4 Section 20, T1N, R67W LAND USE: N Agricultural • E Agricultural S Agricultural �Y Agricultural ZONING: N Agricultural LOCATION: 2-1/2 miles south and E Agricultural 1/4 mile east of Dacono s Agricultural �y Agricultural COMMENTS: Parcel is irrigated hay, sugar beets and corn. There are also 2 oil well rigs operating on the property. The improvements parcel contains one residence and several outbuildings. There is a ditch crossing the north- west corner of the property. Access is to County Road 15 for the cultivated land. Access exists to County Road 6 for the improvements parcel. BY: OCCikjaz__, Ar y N y REFERRAL LIST rn H . APPLICANT Mrs. Zella Glardon CASE # LSV-96:79:15* REFERRALS SENT OUT ON: July 16, 1979 ! v) o REFERRALS TO BE RECEIVED BY August 3, 1979 H pG V) H z V U 0 w H a ti w cUWn o v a4 w c z REFERRALS RECEIVED X County Attorney � x A U G 81979 County Health JUL 19 1979 County Engineer Tri-Area Planning Commission c/o Debbie Smaller Box 363 Frederick, CO 80530 X State Engineer jut. 311979 Division of Water Resources Department of Natural Resources 1313 Sherman Room 818 Denver, CO 80203 X AUG 31979 Farmers Reservoir and Irrigation Co. 80 27th Avenue Brighton, CO 80601 Hello