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Home My WebLink About780418.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 70 - ROBERT DUCKWORTH 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 21st day of August, 1978, in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain tract of land is owned by Robert Duckworth, which land is more particularly described as follows : The SW% of the NE4, the N1 of the SEA of the NEB, the N1 of the S% of the SEA of the NEB, and that part of the S1 of the S1 of the SEA of the NE4 described as follows: Beginning at the Southwest corner of the said SEA of the NEB, thence East 38 rods, thence North 20 rods, thence West 38 rods, thence South 20 rods to the place of beginning; all in Section 16, Township 2 North, of Range 68 West of the 6th P.M., in 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 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, 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 Duckworth for the above described parcel of land. 780418 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of August, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r //- (;// . AVAAIA,:ra ATTEST: i '.�,c l , CIA- 1 Weld County Clerk and Recorder and Clerk to the Board,44,_)-J6k,1 Deputy County Clerk A OVED/ AS TO FORM: County Attorney Date Presented: August 23 , 1978 DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Wilk COLORADO August 21 , 1978 Board of County Commissioners Weld County, Colorado 915 - 10th Street Greeley, CO 80631 RE : Lot Size Variance #70 Dear Commissioners: The attached letter and related items are in reference to a request by Mr. Robert Duckworth for a lot size variance. The property on which this request has been made is de- scribed as Pt . NE4 Section 16, T2N, R68W of the 6th P.M. , Weld County, Colorado. This property is located immedi- ately northwest of Rinn and 1 mile west and lz miles south of Del Camino. The property contains approximately 69. 7 acres of Class III , IV and VI irrigated soils. The request is to obtain a variance from the minimum lot size require- ment , Section 9-4 A. (6) , so that he may make application to apply for a recorded exemption. Section 9-4 A. (( ) of the Weld County Subdivision Regulations states : "That the original tract or parcel of land to be divided under this section meets the minimum lot size requirement established by the Weld County Zoning Resolution; variance from this require- ment being allowed only upon good cause being shown to the Board of County Commissioners or where said tract or parcel of land lies within the Comprehensive Plan area of an existing in- corporated town of Weld County (Revised 4-17-74) . " If this lot size variance is granted, Mr. Duckworth will proceed with his application for a recorded exemption to divide the property into parcels of approximately 14 acres and 55. 7 acres. As proposed, the 55. 7 acre parcel would contain an existing set of improvements and the 14 acres would be conveyed as a new residential site. Board of County Commissioners August 21, 1978 LSV-70 Page 2 The following information is submitted to aid the Board in reaching a decision on this request . Mr. Duckworth was before the Board in August of 1977 at which time the Board denied his request for a lot size variance on this property. At that time, the request was to split off 25 acres from the 69. 7 acre parcel. Another change from the previous request is that the Soil Conservation Service' s Soil Classifications are differenct than originally presented by the Staff in August , 1977. The Staff indicated the property contained Class I , II , III and IV irrigated soils. As mentioned above, the present Soil Conservation Service' s classifications are Class III , IV and VI irrigated soils. Included in the attached materials is a letter from the Longmont Soil Conservation District indicating the results of their review of this request . Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the request be denied for the following reasons : 1 . The proposed request does not comply with the Weld County Comprehensive Plan because it would promote non-agricul- tural use of agricultural land and it would encourage urban encroachment on rural land use. 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 use in those areas in which agriculture is and should continue 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 conflict therewith, and to provide for the orderly expansion of urban growth in conformance with the Weld County Comprehensive 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, and it would be promoting the division of agricultural land into smaller, less economic parcel sizes. Board of County Commissioners August 21, 1978 LSV-70 Page 3 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) . Said clause states : "The intent in establishing the recorded exemption procedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby nonproductive agricultural lands may be divided for higher and more productive uses insofar as such uses are compatible with surrounding agri- cultural uses in areas where such land divisions are proposed (Revised 4-17-74) . " The proposed 14 acre parcel has no improvements. If this request is approved, it would allow a set of improvements to be built on the 14 acre parcel, and therefore, create an urban encroachment which would be non-compatible with the Agricultural District . 4. The minimum lot size in the Agricultural Zone District for irrigated parcels is 80 acres. The intent is to maintain tracts that are large enough for farm purposes, and to assist in the encouragement of agricultural uses as the highest and best use of the land. This request does not agree with that intent. 5. This request does not comply with Section 9-4 A. (9) of the Weld County Subdivision Regulations. The proposed property lies within a flood hazard area as defined by the Federal Insurance Administration Flood Hazard Boundary Map #080266-0034A dated March 21 , 1978. Re.p •ctfull Thomas E. Honn Zoning Administrator TEH/CAC:kmh July lo, 197d Board of Counly Commisaion.,rs Weld County, Colorado Gr, el y, Cclarado d0631 :.aentlems:. n: This letter is to request a lot size variance. We have a 69.7 acre irrigated f fl.rm, and would like to sell off approximetel fourteen acres, with we tor, for a building site. The so it on cur oboe is t,' pe ?c. w and 6 w. Current land pric s, co,a 1, cI with farm income the past few years, co not justify s trictl,i agriculture use for lance of this t„pe. Our income off the farm in the past three years has averaged about cnr third of our payments. This has created a finanical burden for myself, ms.i, inz_; it nec ssar; to make this req st. The ground °e would lil to sell has approximately 653 feet of black top road frc.ntage. This parcel would make an excellent building site for someone wanting to keep a f feet horses or cattle, as the soil is best suited for grass. There is water, gay and electricity in the road. I }lave enquired and found that gas and water taps are available. Enclosed you will find a. lay nut of the said property, legal description, and s _1 conservation map showing soil t,p-;s. kr spectfullJ, Rob rt Duckworth Enclosures „7:\c,01-14.---3141578,),c53 'p 6',) JUL 197 h t`c RECEIVED Weld Comity ce) Planing Commission T • NV 41 p J, _L : ` f h cr.!! (Li § r..� i qH • • 1I II t • rtt i J i y 0 .t w v +• S r b • ~rr • , r' Y . , ) , ' h' i a SCR. Ir j . . r. n . . ,, r 1 rY y l�i `i :N!.: f F .,r .'' y�.. ,,,. "'i j b4't 'y�'']•,� ..' ♦ F • t� nr fir d. 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Blank 4. _- --..r: i Matta Docurnca err Pico I INS I Date_ JUL 1 ......�... • uN of the County of Weld and State of �. _- " /j'. 7 5 _ • • CD Colorado,of the first part,and �. t'".` Robert D. Duckworth and Eva M. Duckworth ' I • of the said • County Meld and State of Colorado, of the second part: • 1 WITNESSETH, that the said part 1 es of the first part,for and in consideration of the sum of e r- it: EIGHTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS, Q 4 to the said part 1 es of the first part in hand pair by the said parties of the second part, the receipt whereof is O © w hereby confessed and acknowledged,ha Ve granted,bargaine.l,sold and conveyed,and by these presents do 0 O j 0 grant, bargain, sell, convey and confirm unto the said parties of the second part,their heirs and assigns forever, not U , in tenancy in common but in joint tenancy, all the following described lot or parcel of land,situate,lying and O being in the said county of Weld and State of Colorado,to wit: u . The SW4 of the NE4, the N1/2 of -the SE4 of the NE4, the N% of the S1 of the o © < 1•.^� I SE4 of the NE4, and that part of the S% of the S1/2 of the SE4 of the NE4 ,,� .11 s 0 described as follows: Beginning at the Southwest corner of the said SE4 of the NE4, thence'East 38 rods, thence North 20 rods, thence West 38 rods, thence South 20 rods to the place of beginning; all in Section 16, Township 2 North, of Range 68 West of the 6th P.M. , in Weld County, Colorado. Except the North Half of the North 9 acres of the SE4 of the NE4 of said Section 16, as conveyed by deed recorded in Book 939, Page 53, Weld County Record . !� Except parcels of land as conveyed by Deeds recorded in Book 1008, Page 116, !i and under Reception No. 1629063 in Book 707, Weld County Records, but together with a 30 foot non-exclusive easement for ingress and egress and road purposes as 1 reserved unto Paul C. Blank and Ruth E. 'Blank in said instrument *** see attache sheet II TOGETHER with all and singular the here'd:taments and appurtenances thereunto belonging, or in anywise l appertaining, the reversion and reversions. remainder and remainders, rents, issues and profits thereof; and all the I1 estate, right, title, interest, claim and demand whatsoever of the said part 1 es of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditarnents and appurtenances. 11 TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said ! parties of the second part,their heirs and assigns forever. And the said part 1 es of the first part,for them r. sel veS ,their heirs, executors, and admthistrators do covenant,grant,bargain and agree to and with i I the said parties of the second part,their heirs and assigns;that at the time of the ensealing and delivery of these pres- sjents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and ha ye good right, full power and lawful authority to grant, bar- e gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever. !iexcept the taxes for 1975 and subsequent years which by reason of adjustment the grantees assume and agree to pay and subject to easements, reservations, restricts ns ' ,ri h s-of-UIa p rec rd ,�• xay;oi l and gas lease recorded on April 21 , 1972 i e.� annd than-ti ye ua ai iaa p mises ii the5g set and peaceable possession of the said parties of the second part, their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part i es of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part 1 es of the firat-part h\ve hereun set el r hand 5 and ,; seal S the day and year first above written. i 7 • /r- I Signed Sealed and Delivered in the Presence of / �)L�t_ L. i7---- 46,4-t r�-[SEAL] � g , Paul C. Blank I I 7 , y///., J ! IL:c!d-„L [SEAL] Ruth E. Blank [SEAL] /! STATE OF COLORADO .4. el ss. Couaty of-Boulder The foregoing instrument was acknowledged before me this 1st day,..e,c•-‘19;Ity A i 19 7,Jby Paul C. Blank and Ruth E. Blank . $ ' ••••" . y�{ v; t� bG My commissio'i expires August 7 ,i, 7 . Witness my hand and of �, . .4 `- ._,-: .• .4 co • N e :? ,rig;_., ,.....___f_Zez" .).....,44_41,-- 1:-. . No.S21. WAnItANTY DE= To Joist Tenants.—Bradford Publishing Co.,1824-46 Stout Street,Denver.Colorado(671-roll)-3-75 • 1 y T • * * c ti un, es �.��.,��,.a..� description cn recorded in Cook 707 at Reception No. 162:063, Weld County Records. County of Weld, State of Colorado. Together with 20 (Twenty) Units of Big-Thompson Water District water and together with 1 (One) Share Smith and Emmons water, and 1 (One) Share Godding Ditch water. Containing 69.7 acres more or less. • `I 7 34P-A8 558 pTNE4 Sac. 16, 7.24, R68v1 3HA8 LSV " 1O 3,4A8 39 8-ABDUCK WORT N 34.NMS 34P-A8 SOIL CLASSI FicATIoN 5dis 'fy p -IRRIGATED ORy 31-1P-A13 III WI .3a M- A3 121. w .34 AB 111. wt aq 6 - AB tl w STr w 35 It e rge • • FT ELI' CHECK F II,I NG NUMBER: LV " 10 DATE OF INSPECTION : , ZS -us NAME: _______2jio �► i REQUEST: k...6 km Skl.'C.. UQsrL LEGAL DESCRIPTION: (4% 1U� Sa,t 4t 't2'tV QC�rI LAND USE : N lb. 4kLVAArtrikk I, a ‘t J S Rw / t4,twv‘kwttA. \V \c.v.‘ .r. t ZONING: N V.v c.‘,k lomekt LOCATION: a CL3ACt y, p�� E `%. A.a.. t%.1 v./ s s ` , R% nn w % kkk Iii‘tr4 k ---Nr COMMENTS : 1\ ett ‘ywy re Vit‘t"RANkS k_0 co..14t.A. 010v.% ok-Ap-L, k:AtlettA. Vetvtei 1 10.E t \DittAdvv..ut. tie \4‘ive rkrait-.L\. id, syN. ?a ilpLor f....•• tr'�r, V\R & access Li ci Co egi 1 S Cowved. . IrkbV.442 \OCAACCS)-- 04", AA'•-‘,.. te.aVe",144.- 1O A"‘`-e... r144") e BY: "Rik MEMORAnDUM To Planning Commission Date July 27 , 1978 COLORADO From Gilman E . Olson , Engineering Department Subject: Robert Duckworth , L . S . V . No engineering problems are anticipated by this request . 77Kj2 ' Gilman E . Olson Engineering Department GEO : sar �, �r u4?i_ ' 19�a cry r �� R�GoUE wA tutu! rn %g tosossiot _Jo Weld CountyeQlth Department BOARD OF HEALTH DAVID WERKING, DOS. Greeley FRANKLIN D. YODER, MD, MPH RALPH AAB, Greeley Director 1516 HOSPITAL ROAD WILLIAM BLICK, Roggen GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley (303)353-0540 DONALD HERGERT, Windsor ANNETTE M LOPEZ, Greeley HERSCHEL PHELPS. JR , M D , Greeley KATHLEEN SHAUGHNESSY, Ault Augusy u sy 9, 1978 JOE STOCKTON, Gilcrest Gary Fortner, Director Planning & Zoning 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Lot Size Variance requested by Robert Duckworth, has been reviewed by the Environmental Health staff of the Weld County Health Department, and no apparent conflict with state or local health regulations was noted. Sincerely, da--0 J n G. Hall , M.P.H. , Director Environmental Health Services JGH:dr sr AUG 198 + will cow "2) 6i** 1 Longmont Soil Conservation District 1 228 MAIN STREET LONGMONT,COLORADO 80501 IIIIIIIIIIIIV August 8, 1978 Mr. Chuck Cunliffe, Assistant Zoning Administrator Department of Planning Services 915 10th Street Re; Robert Duckworth Greeley, CO 80631 Lot Size Variance Dear Chuck: The application from Robert Duckworth for a lot size variance has been reviewed and a field investigation made. Following are comments : 1 . The soils are about 75% Aquolls and Aquepts, flooded (34-U) , and 25% Bankard sandy loam, 0-3% slopes (29B-AB) . The Aquoll and Aquept soils are deep, poorly drained soils formed in alluvium. They have an agricultural land use capability of Class VI . The Bankard sandy loams are deep, excessively drained soils on floodplains formed in allu- vium along streams and rivers. They have an irrigated agricultural capability rating of Class IV and a dryland rating of Class VI . 2. The soils are not considered as prime agricultural land. 3. Most of the Aquoll and Aquept soils are subject to excessive runoff. A water table is at, or near the surface in the spring. The Bankard soils are sandy and subject to flooding; therefore, unsuited for urban development. 4. There are no major irrigation systems involved in the area. 5. The Aquoll and Aquept soils exhibit severe limitations for septic tank absorption fields due to the high content clay in the substratum. The Bankard soils have good qualities for septic systems. 6. Pasture is the best use for these soils. Management of vegetation should be based on taking half and leaving half of the total annual production. Sincerely, 1j'yfe)Litlef te-O,1 ..,. 70 '.-- Robert Schlagel ,�� ,; President ''14. w��`. ` �'a� RS. r a h cam' �Gco� boa :9 ,0 0 TO 1,,,,?,CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT '4- c,79 Z}?-12c3' 6 O E U UC.K kv or+k IZZ w Ow 298-AB 3flt 31144 298 - AB -l- w ' JUL 1978 ''', cc RECEIVED -�\ .� Weld Couaty �� planpinq Com�issien `` . 1...::::::::::::::::::::1::::.::::::::::::::::::::::::::::::1)::.:::i::::::::::::::::::::•:::::::.....::::::::::::1:17::::::::...............1:::::.:::::::::::::::::7:::::17::::..........:::..::::::::::;:::: :::::::::1:::::::::.::::.....:::.:.:::::::::::::: ::: :::............ . .. — • 'COUNTY RD2a::•::: '�₹bUTE:: : :,11. 7' IIII' :I'%•''•}`` •.l !/_fit\'l_l i •1 .:•:•••:::•:::::•::::::.::••U::::••••••••..(3;"•••••••••• •••••.'•••'••••••••••••:•••••••••••:::•••••••••••:::::::•::::,:<:::::::.::::::::•::::::::.:::;::::::::::::•••••.......•••••• 7 11 Cs3 J• \'•�C •R. r ZO NE 0 't: }•.::':•••::::::::*.M.:.*:::::: ::.::::::•••:.:•.::.:aO:::::O.:•;:.: ''.....,.:.::: •••••......a:.:. .:M:::::.• :.i.:::: ::• :-..: :: : :,.:::::.?:.:•:::aM .:::•: .•, :.••••:.*:....;:i�.• COUNTY RD 22 `. / SL e, :i ..A.• .. .. . .. .. .. .. . 2C...•••••::::::::::::::....•\\ • 14 I I S S U NI 20 • COUNTY RD 20v�::•':•':.::;::::. .......................' `� 15 / T 2 • . :1,.:. \\ '� ek::::::.:::::::.•••••::::h::::::::::::::::::::::h\:.1::::::•::::::::::::::::::. •0``c� \\ ! ��?.,.•. .'.:... ZONE A patch n • • • o I m r I • �P'__/� ;��0 ..• , COUNTY RD 20 i 1 , . . : ...::::::::::.... f II .. /2 . ........::::::::::::::::::::::..i:::::::::::::E1-..-. :::::. :::::::::::: ::::::::::::::::n .:::::: :::'i:i.l.:::::::::::::::.. . I1 ,--1 . • -. r co // • .. O // :' • • • I 22 -------- 23 ca . / :'••••••..ik ::::./.':::::::;•••'::::::••.'..:::•:•:••••.:;•:•:•:••••••:.:••.;••::.-2 ;.:.:. ....'.'......... IDAHO CREEK in r-L4- • � w :'� II w ::0 :'f:: z :� 11 COUNTY RD 18 . . s i rN' '.. ...!.4:4....:,,,.Y........ : l • { Q1 26 cr COUNTY RD 16'12 Qom`` O• i' Hello