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Home My WebLink About800481.tiff RESOLUTION RE: DENIAL OF LOT SIZE VARIANCE NO. 110: 80: 7 - EVERETT AND LOUISE SHANKS. 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 14th day of May, 1980 in the Chambers of the Board of County Commissioners of Weld County, Colorado that a certain parcel of land, more particularly de- scribed below, is owned by Everett and Louise Shanks. The West Half of the North Half of the North Half of the Northwest Quarter of Section 20, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado. WHEREAS, Everett and Louise Shanks desire to obtain a vari- ance from the minimum lot size requirement so that they may apply 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 and evidence presented, feels that the ap- plicants have not shown good cause for granting a lot size vari- ance 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, denied to Everett and Louise Shanks for the abovedescribed parcel of land. 800481 ) , The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (Aye) C. W. Kirby, Chairman ch • (Aye) Leonard L. Roe, Pro-Tem ‘---)2P-4-~.~.- at-444--- (Aye) Norman Carlson (Aye) Y un ar '-ir 1, (Aye) ATTEST: P J e K. Steinmark Weld County Clerk and Recorder and, Clerk to the B and By•_ ,-,� ,Li .((,,_. c(C --/ x .-----� 'Deputy Cou ty Cleric/ AiP, Ov AS TO FORM County Attorney DATE PRESENTED: MAY 19, 1980 DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Wilk COLORADO May 14, 1980 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Lot Size Variance #110:80:7 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance from Everett and Louise Shanks. The property on which this request has been made is described as the W% Nz Nz NW4, Section 20, T3N, R68W of the 6th P.M. , Weld County, Colorado. This property is located 2 miles west and 1 mile south of Mead. The property under consideration contains approximately 20 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. Mr. & Mrs . Shanks wish to divide the property into two 10 acre parcels in order to sell both parcels. 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 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 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. (Revised 4-17-74) ." Board of County Commissione. LSV-110:80:7 May 14, 1980 Page 2 The property contains Class II and III irrigated soils which are classified as prime agricultural soils. The proposed request does not comply with the Weld County Comprehensive Plan because it would promote non-agricultural use of agricultural land and it would encourage residential encroachment on rural agricultural land use. The Plan urges residential development to be closely connected to and served by municipal utilities. Within a reasonable service area from their corporate limits , towns and municipalities can provide better services at a lower cost to residential development. Additionally, residential land uses in rural areas may generate conflicts which may prohibit efficient agricultural oper- ations . 2. This request is notin conformance with the intent clause of the Agricultural Zone District, Section 3.3.A. of the Weld County Zoning Resolution. 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 increasing the residential density on the property. The approval of this request would allow another residence to be built on the parcel . While the addition of one residence does not in itself create an urban encroachment, the cummulative effect of recorded exemptions in the surrounding area may have future negative impacts on the agricultural economy. Increased residential density results in greater demands on the services which residential development requires and therefore results in higher costs of those services to the residents of the County. 3. 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. This request is in conflict with that intent. Respectfully submitted, 'odkLc Vickie Traxler Assistant Zoning Administrator VT/dr 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. II1 APPL. FEE 4°S, p�p ZONING DISTRICT Rgf;os,, „r,,.� RECEIPT NO. k`\3 DATE kivA 1 ,ko�p APPL. CHECKED BY VI- 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: air Qr� �J% ® rf/ l ) l section 0 T N, R 64; W TOTAL ACREAGE : Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No FEE OWNERS OF PROPERTY: Name : `L'J 4 Lcuse t h71k mt. S Address: t in, 6 7y, .,.,76-7,2s [" ,zaaAct, Co l,_cdZQ.rl e Phone : .� Name: 20004 Address : Phone: Name : Address: Phone: WATER SOURCE: Larger Parcel ,ter, Ga'‘,/,‘„ Smaller Parcel Lam, w°.a j, TYPE OF SEWER: Larger Parcel St.ifik Smaller ParcelSLO-tc. PROPOSED USE: Larger Parcel k4`, ;Or' A A,c„\ Smaller Parcel tc (1) EXISTING DWELLINGS : (Yes or No) 71,1) (Yes or No) M 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) Q_ �c� � -Igo- �1 Signature: Owner or Authorized Agent Subscribed and sworn to before me this / day of 19rA SEAL otary Public My C ,Ft b, 34, 1.9.E My Commission expires: X 7 r1 A'4 Arvada, Colorado April 3, 1980 6,109 Department Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Sirs: Re: W of N' of Niof NW* of Sec 20, Twn 3 north, R 68 west of 6th P.M. In 1969, we bought the above mentioned 20 acres of land in hopes of renting it out to improve our retirement base. Phis has not worked out because it is too small to realize much from our investment. Since; this is a small plot of land, it seems a better use of the land would- be for home improvements for people who like to live apart from their neighbors. lie would like for this parcel to be divided once as it should sell better since 10 acres is u more reasonable amount of acres for most homeowners. Thank you Everett L and Louise E Shanks 6106 Ammons Arvada, Colorado 80004 422 (482 k • • • ATE ASSOUATIO , InLONGS PEAK W R .. ;.-,.,. � . P.O. BOX 714—LONGMONT, COLORADO 80501 March 7, 1980 Mr. and. Mrs. Everett Shanks 6106 Ammons Arvada, CO 80004 Dear Mr. and. Mrs. Shanks Your request for two water taps on a 20-acre parcel located in the West One-Half of the North One-Half of the North One-Half of the Northwest Quarter of Section 20, T. 3N. , R. 68 W. 6th P.M. , Weld. County has been received.. As you are aware, Longs Peak Water Association is not prepared. at this time to make any commitments for future water service. The present water storage and filtration capacity of the system is fully utilized and plans for expansion are currently und.erway. The Board. of Directors acknowledges that your property is within the general area presently being serviced by the Association and. the Board indicated that when resources of the system become adequate in the future, they would certainly give moat serious consid.eration at that time to your request within the established rules and regulations of the Association. Sincerely, ,,7 7 ) c �1'auJ Kuge'n President Longs Peak Water Association PK:les , a L VIV J v J 11) _o Q fJ � © `J d T.),„ 0 (z) z) 0 � � c .t •'ad... 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LSV -- // , X40-C St --_. :...........,_.,.,. ...... ....._.._._.... ..,,may.....,..-.. SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED `- - -1Tzt_ 40 - 8 16 IL- 4ô-D ALLE- M 8 42- -�- II REFERRAL LIST 0 APPLICANT Everett and Louise Shanks CASE # LSV 110: 80: 7 P F? REFERRALS SENT OUT ON: April 14, 1980 U REFERRALS TO BE RECEIVED BY: May 2, 1980 C W H Z U U C t-DW ►--a P, F U? Q1 H O U o c REFERRALS RECEIVED am anttyxAttmxx x APR 21 1980 County Health APR 2 8 1980 County Engineer MAY 219$0 Town of Mead Planning Commission Virginia Frei Box 217 Mead, CO 80542 X APR 2 9 1980 Town of Longmont Planning Commission Civic Center Longmont , CO 80501 • ,,.. Mrs r yi.� ,1;,I,' -erte. t'..- _`t�!`0''q0.a. ^ - a.. —= - LONGMONT , , it ft.� ,: ,fir,- "*^•' i - -." .1;w1,-7.. DEPARTMENT OF 1 �' DEVELOPMENT SERVICES "V ,a� _--,� ► - civic center • longmont, colorado • 80501 • (303) 776-6050 --� --� Planning Division C., #1 N, ' k. �77'\ MEMORANDUM /4 ,-, t\Q �v O -' Planning Services er'��"April .\23!¢1980 TO: Weld County Department of ., ,.�;af � �Y s FROM: David Hal lock,ock, Planner 0 '1: LA RE: Everett and Louise Shanks - Lot Size Variance Regarding the above captioned request, we have the following comments: It is our understanding that the lot size variance was established for specific circumstances with particular reference to the "family farm" and the agri- cultural community in an effort to allow people to refine and stay where they live and/or sell off portions of their land to other family members. Based upon this applicant's letter of justification, we do not feel the request meets the above intent and, therefore, a lot size variance should not be granted. It appears that the applicant's only justification for request- ing the variance is to make the land more saleable and not to specific circumstances relative to an agricultural zone. Thank you for the opportunity to comment. DH/jt FIELD CHECK FILING NUMBER: LSV-110 : 80 : 7 DATE OF INSPECTION: April 29 , 1980 NAME: Everett and Louse Shanks Lot size variance REQUEST: LEGAL DESCRIPTION: w1/2 N1/2 N1/2 NW 1/4 Section 20 , T3N, R68W LAND USE: IJ Agricultural E Agricultural S Agricultural Agricultural ZONING: N Agricultural E Agricultural LOCATION: 2 miles west and 1 mile S Agricultural south of Mead . Agricultural COMMENTS: Property is presently vacant . Property drains to the east . Property was in agricultural production last year (corn) . Property has "for sale" located on it . Accesses are existing to Weld County Road 3 and 32 . Both are gravel surfaced . Power transmission runs along west edge of property. rj g BY: 0.140,CUllieo•• 5/2/80 X I I I 6 5 I 4 3 2 I -Rf. I 36 se.)1%. 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