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Home My WebLink About800476.tiff RESOLUTION RE: DENIAL OF LOT SIZE VARIANCE NO. 104 - DONALD BAKER AND MAX ULRICH. 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, on January 23, 1980 , the Board of County Commis- sioners of Weld County, Colorado held a public hearing to consi- der the application of Donald Baker and Max Ulrich for a lot size variance on the following described parcel of land: Part of the North Half of the Northeast Quarter of Section 21, Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado. WHEREAS, the applicants desire to obtain a variance from the minimum lot size requirement so that they may make applica- tion 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 not 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 for the above described parcel of land be, and hereby is, denied. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D. , 1980. ':' ' ` BOARD OF COUNTY COMMISSIONERS ATTEST: * , ' a F 1-''''K' WELD COUNTY, COLORADO Weld County Clerk and Recorder ?://. z LC and ,c 17k to the Boar C. W. Ki y, iairman ----i -' ( /6 /I nitt2);,‘Af-rk, cCi4t -......_. Deputy C unty lerk Leonard L. Roe, Pro-Tem ( � P APPRe(VED S TO FORM: -22 /Vs Norman Carlson . ,j.we,..././doom.s.... County Attorney a 4-e---1,7 ,-Ze_A,- Lyd Dunbar - / t ( Jug e K. Steinmark 800476 DATE PRESENTED: JANUARY 28 , 1980 DEPARTMENT OF PLANNING SERVICES PHONE 1303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Wilk COLORADO January 23, 1980 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Lot Size Variance #104 Dear Commissioners : The attached application and related items are in reference to a request from Donald Baker and Max Ulrich for a - lot size variance. The parcel of land on which this request has been made is described as Pt. Nz NE!, Section 21, T4N, R65W of the 6th p.m. , Weld County, Colorado. This property is located 2% miles south and 1% miles east of the Town of LaSalle. The property contains approximately 76 .6 acres of Class II, III, and VI irrigated soils. The request is to obtain a variance from the minimum lot size requirement, Section 9-4A. (b) so that they may make application for a recorded exemption. If this lot size variance is granted, the Bakers and Ulrichs will proceed with a recorded exemption to divide the property into two parcels of 5 .2 acres and 71 .4 acres. Mr. and Mrs . Baker desire to purchase Lot A in order to build a residence on the property. Mr. Ulrich will continue to own Lot B, the larger parcel. 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 pro- cedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby non-productive agri- Board of County Commi oners Page 2 January 23, 1980 agricultural lands may be developed for higher and more productive uses insofar as such uses are com- patible with surrounding agricultural uses in areas where such land divisions are proposed. (Revised 4-17-74) . " However, 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 operations. 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. This request would not be encouraging agri- cultural uses as the highest and best uses, it would not be pro- viding for the orderly expansion of urban growth, it would be promoting the division of agricultural land into smaller, less exonomic parcel sizes, and increasing the residential density on the property. The parcel is eligible for a building permit for one set of improvements . At present no improvements exist on the property as they were split off in June, 1972. The approval of this request would allow another residence to be built on the property. While the addition of one residence does not in itself create an urban encroachment, the cumulative effect of recorded exemptions in the surrounding area may have future negative impacts on the agricultural exonomy. Increased residential density results in greater demands on the services which residential development requires and therefore higher costs of those services to the residents of the County. The Department of Planning Services staff recognizes that the proposed Lot A is non-productive land. However, if all non-productive land in the County was developed for residential use, the long-term economic impacts on surrounding agricultural lands would be the same as if prime agricultural land was lost to residential development. Respectfully submitted, Vickie Traxler Assistant Zoning Administrator VT:cc APPLICATION FOR LOT SIZE VARIANCE PHONE: 356-4000 Ext . 404 Department of Planning Services, ,915 10th Street , Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: o CASE NO. "- tr 7 ,�`� - APPL. FEE ZONING DISTRICT RECEIPT NO. DATE 1 2- 3).-']9 APPL. CHECKED BY ,arri% 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: )/ G j, / IA Section Ai T N, R W TOTAL ACREAGE : /-21-)A1O4 7io Has this property been divided from or had divide rom it any other g property since August 30, 1972? Yes No FEE OWNERS OF PROPERTY: Name : //,#11( (Ma C t i Address: Weld l r -t--Phone : 7 �'_ 1 (4LName: .f ri' Address : Phone: Name : Address: Phone: WATER SOURCE: Larger ParcelCc,vhJ Ld Smaller Parcel C° .r)4r al 1,t) 1(1 (:(:>firoty (rJri f e I U;.>i- icT TYPE OF SEWER: Larger Parcel c,r.? Smaller Parcele(,tiu,QO-,0,Qc t PROPOSED USE: Larger Parcel Smaller Parcel ')C),),E r4L/cc J r n EXISTING DWELLINGS : (Yes or No) (Yes or No) N) ) 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) eril444; 549414 Si nature : Owner or Authorized Agent Subscribed and sworn to before me this~_ day of , 19 ,\ . SEAL • Notary Pub .c r, cam;s My Commission expires: - I \ . . I t : I , , • 18 �_ c 17 47 1 • _ �� !J A/rj ••• \ \ i. �t i-2.-...., :_, ‘,. 1 • � ice- - — — — — i - - - — — _ _ _r. _ — _ _ — .�,• _ \ C __ i ._ ----) ,,__,' ,)- 29 . • • (T--,,,,,,_ y • i .yoc ,/,___i /" - ri I' . ...—} .i) j, . �' — I— — — — — _ r — — r i -.-------:,-,,,„ . �., _ 31 32 N. i P • _ J: 1 J ^ _ J J - > 1. ...,▪ •- .� J L _ - _.1 s.,. 7- _ -.. .• L . r C -.. VI j U *•-• C : C.: C C. • .J -= 7 3. 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' L L (3 -_ 3. ? _ u c•1 • U sr r a . :1 .C :. "C .1 c3. RS 3 •- 7.4 r .. ••r VI 1. • O ..+ ^ O C ' L 0 r+ -+ .J r 2 •-• . 'J >. O N :J . .-. - -4 ^• T .. ;j , ,r U •r .%] cJ -.. 3 cl `'J c +. _Ji ) .2. :J 3 • _. _ r C 7. V > G 3 U :-. _ V H E �� J 1 ,.i,� 1 . C \ ' C 1 4 3 T a J r Z '7 C J !J y r i .f y ;� L 1♦ ..J ; ^ :J -- • .Y tJ :.+ C: .J C7 "J J r G1 Ili r rt ... u .J' 1 1 ..A.• t. L. ., . February 1, 1979 I have no objections to Donald L. and Becky A. Baker obtaining a piece of land and building a home on what is commonly known as the Anna Ulrich Property located in North 1/2 of the Northeast 1/4 of Section 21, Township 4 North, Range 65 West. S I GNATURE ADDRESS .,(..�,„j_. ,{ 1n�� 1 f ti'1 5 ' � �c Z1� 'e . .1�+ , ,,,(.,, y_.‘ "- ;,,/ O 't c:-.— 7' - /-)12 O 4 .R' 1.- -la O Y 1/ .43)Q./ c/c(-. , (a ,\;.( //C co /a , T' c t,v 4-- ,{,/ ' g 'J, 2.0 35-0 A)c,ii. 1/ Z--,-, .5 c,OE' __.:,ft, , 8 o 4i,s- 1-,-„ ,,-,n t�r�c1 _ 4 .-)c),> ,-�v (4 �! .ti ) Q. .ck r e y Z `�L t V Aka? gal 14:41. . A n 9 9.2 AL gy y cea.AU&7 44- "Do/r d-- t Weld County Commissioners Centennial Building 915 19th St. Greeley, Colorado 80631 We are requesting a lot size variance for the elevated portion (approxi- mately 6 acres) of the North 1/2 of the Northeast 1/4 of Section 21, Range 4 North, Township 65 West. The lay of this land is very hilly and steep and is impossible to farm. An attempt to farm the "hill" was made by my great-grandfather, Pete Ulrich. He gave up after ruining some of his farm equipment due to the large rocks and chunks of shale. Water is another great problem, as the ditch is a good distance away from this elevated portion and it would not be feasible or profitable to pump the water up to this hill. This piece of land has now been let go; and is constantly being blown away by the wind. I would hope to correct this problem by returning it to its "natural state" by planting buffalo grass, yucca plants, small cedar bushes and a few ponderosa pines, plus several varieties of flowering plants suitable to these soil conditions. It saddens me to see this area let go and in such bad shape. This land has been in the family since 1914. My great-grandfather, grandfather, and father have farmed the land around this "hill". As a small boy, this was my favorite spot to sit and watch my father farm the land below. As this hill is isolated and would be useless to anybody else, it has great sentimental value to me. My grandparents have always expressed a great desire that any lands they owned would continually stay in the family. Other than a single family dwelling with a garage that I would build for my wife and three children there would not be any other buildings or fences on this land. I would not want anything to take away from the natural beauty that I hope to restore it to. As a farm boy these are my roots. I would do everything in my power to improve this land and not to deteriorate it. It is my desire that this land will remain in the family and be passed on to my children. My grandmother, Mrs. Henry Ulrich lives on this same quarter section and it would be nice being near her to help her with her heavier burdens now that my grandfather has passed away. Farm noises and earthy odors are very dear to me; and I would not be a complainer or a hindrance to my neighbors in any way. My wife and I have a desire to be involved in the community through the school and youth organizations and projects as we have been in Greeley. My children are of the fifth generation of the Pete and Anna Ulrich family and nothing would give me greater pleasurer than to be able to raise them on the land of their late great-great-grandparents. ta.A, 3a , ^1, C & / Saeki/L) .sc f t C7 , ----1 4 -- - - i jj � '.� , £ C l n r 1 I��r p f1C�1 C C / 5 ,..R - - Prox _,� t I / ✓' ... c r ,j i / c'eZcc ,,,'\ s teQ� 'rc .'n,a 4` PQ . n l') A )l Lill r i c h' r ax ff)/1 r-, f n 0 C 7 . P 0- I - f t i i t I .. • i z Z. 7-3 ! 9.2, 1 I 6-- Li1 rl ` II OI C,.. 1 l -41 '"°''.''-';':''''''''k'.:',e.lt'''''''''''''''9.::;'''''i:',,,:-Ip,,,f,..''.,'-',„:i: ',.. ' ' ,,. .,, , „„..:.,,,t,, , . , ,, , . .,, , *,:,, ,,,,,,.s.,,,,,,,,,,, .. , . . ...„..... .,.., ., ..,....„....t. ,, . „„ , , ,. . . , ... , , , , , , ,, ,,,, ,, ,...,. .*... , ..., . ,,,, ,•• ,,,•,,,,..... : . .,.,, 0 .,,,...' , l'' ' ::' b �°rt'�E4Y .A.. ,�« r i -11.411,, 1," S °else gR ,,,,:ii:.,:;: sb # 4 ,P1,-':,,:',. �`' wx ;d I ¢ Fu. fig`^..:. 4 I. I Ek, r., i x ,,,,,,,_ , ,,, ., ...,,,a.,,,04,, aw. Pat.. ,. Y' i q '' ':,,'.'" '' 1,',..; ,, Sed f l.�l } e. Si 1N y ii k "a T_ H: 9 I: .,' i I ifi,,,i 6,i,,. W i[ I; ;i',. *,,,'74-1,',1,'.',',L. .'4'yI tti4"k y d'4';,;1'-'4,;,..;,'7;',',.1"t,j� 9`I f'FYv e LEGAL DESCRIPP'Npt. AizifIs_¢ CASE NO. LGV /04 cQI-4 218-8 - 53 C Qi-Q yB � 4 ,o 51-D 437-pH I 2_ sb 53-C 53M-CD 3 8 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED D , .JZZe- ffe- 171 i e � c . sz21 -8-8 E7e. • REFERRAL LIST 0 APPLICANT _ Donald Baker and Max Ulrich CASE # LSV-104 :80: 1 w REFERRALS SENT OUT ON: January 7, 1980 REFERRALS TO BE RECEIVED BY: January 14, 1980 z U c w w }-+ r/ H 7 U U 0 w H a. o U tZ vi c REFERRALS RECEIVED • x JAN 15 ta County Health County Engineer JAN 1 5 1980 Platte Valley Ditch Company c/o Roger Houtchens 107 9th Avenue Greeley, CO 80631 FIELD CHECK FILING NUMBER: LSV-104 DATE OF INSPECTION: 1/22/80 NAME: Donald Baker/Max Ulrich REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt . la NEfl Section 21, T4N, n 5W LAND USE: N Agricultural if E TI S jq Agricultural ZONING: N Agricultural LOCATION: 22 miles south and lz E miles east of LaSalle S Agricultural COMMENTS: Property presently has no improvements located on it . Two irrigation ditches cross the property running NW to SE. The property was in agricultural production this past year(corn) . The property slopes to the east with the highest part being the west end of the property. There is a house located in the Northwest corner which was apparently part of the ori;inial. farm. County Road 44 is paved. County Road 43 is gravel surfaced. It appears that all of the land is being farmed including the western edge of the property which the applicant identified as "not productive farmland" . (On the hill) . BY: R6 s I 7. ‘21 0 e\c' i . 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