HomeMy WebLinkAbout810492.tiff RESOLUTION
RE : APPROVAL OF LOT SIZE VARIANCE NO. 132 - RICHARD AND CAROL
SCHARA
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statutes 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 been presented
with an application for a Lot Size Variance on a tract of land
owned by Richard and Carol Schara that is more particularly
described as follows :
Part of the South half of the Southeast quarter
of Section 20, Township 1 North, Range 66 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 said applicant 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, 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
Commissioners of Weld County, Colorado that a variance from
lot size requirements be, and hereby is, granted to Richard
and Carol Schara for the above described parcel of land.
The above and foregoing Resolution was , on motion duly
made and seconded, adopted by the following vote on the 30th
day of December, A.D. , 1981.
„ ;wsy BOARD OF COUNTY COMMISSIONERS
ATTEST :' i i ,id , WELD COUNTY, CO ORADO
//� �j7
y
Weld County clerk and ,Recorder ` (Aye)
and (trk to the Board C uh ck Carlsofi, Chairman
�' P
BY: 1 (�' �,a yin.t. - & j)Itl�[ .ciC � (Ave)
Deputy Count erk // Norman Carlson, Pro-Tem
1 / d
AP ED AS TO FORM: / /` .4 ( (Aye)
��7 C. W Kirby
,g-t- D � r /
County Attorney , (Aye)
J T. Martin,,,
l�G -4Aye)
Ju e K. St inmark
DATE PRESENTED: JANUARY 4 , 1982 810492
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
December 30, 1981
COLORADO
Board of County Commissioners
Weld County Colorado
Centennial Building
915 10th Street
Greeley, Colorado 80631
Re: LSV-132
Dear Commissioners:
The attached letter and related materials are in reference to a request
for a lot size variance from Richard and Carol Schara. The property on
which this request has been made is described as part of the S§ SE',
Section 20, TIN, R66W of the 6th P.M. , Weld County, Colorado. This
property is located one-half mile east of old Highway 85, on the north
side of Weld County Road 6. The property contains approximately 65
acres of Class I, II, III, IV and VI irrigated soils and Class IV, VI
nonirrigated soils. The request is to obtain a variance from the minimum
lot size requirement, Section 9-4 A. (6) so that they may make application
to apply for a recorded exemption.
If this lot size variance is granted, the Scharas' will proceed with
their application for a recorded exemption to divide the property into
two parcels. Mr. and Mrs. Schara wish to retain 45 acres, more or less,
which include the existing improvements. The remaining 20 acres, more
or less, would be sold for an additional income to enable Mr. and Mrs.
Schara to make better use of the existing water and to make the present
farm more productive.
Based upon the information 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 nonagricultural
use of agricultural land and it would encourage urban encroach-
ment on rural land use.
Board of County Commissioners
December 30, 1981
Page 2
2. This request is not in conformance with the intent clause of
the Agricultural Zone District (Section 31.1 of the Weld County
Zoning Ordinance) which states:
"Agriculture in Weld County is considered a valuable
resource which must be protected from adverse impacts
resulting from uncontrolled and undirected business,
industrial and residential land USES. The "A" District
is established to maintain and promote agriculture as
an essential feature of Weld County. The "A" District
is intended to provide areas for the conduct of agri-
cultural activities and activities related to agriculture
and agricultural production without the interference of
other, incompatible land USES. The "A" District is also
intended to provide areas for the conduct of Uses by
Special Review which have been determined to be more
intense or to have been determined to be more intense or
to have a potentially greater impact than Uses Allowed by
Right. The "A" District regulations are established to
promote the health, safety and general welfare of the
present and future residents of Weld County."
This request would promote the interference of incompatible land uses in
an area intended for the conduct of agricultural activities, related agri-
cultural activities, and agricultural production. It would promote
uncontrolled and undirected residential land uses by permitting the division
of agricultural land into smaller less economic parcel sizes. This request
would double the residential density on the 65 acre parcel. Furthermore,
the request would place a greater demand on County services required by
residential uses.
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 Comprehen-
sive Plan, a means whereby nonproductive 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.)
The proposed 20 acre parcel has no improvements. If this request
is approved, it would allow a set of improvements to be built on
the 20 acre parcel, and therefore, create an urban encroachment
which would be noncompatible with the Agricultural Zone District.
4. The minimum lot size in the Agricultural Zone District for
irrigated parcels is 80 acres. The intent is to maintain
tracts which are large enough for agricultural purposes and
Board of County Commissioners
December 30, 1981
Page 3
to assist in the encouragement of agricultural uses without
the interference of other incompatible land uses. It is the
opinion of the Department of Planning Services staff that this
request is in violation of that intent.
The Department of Planning Services staff recognizes that Mr. Schara does
have a topography and irrigation problem, which requires the generation of
capital to finance the corrective measures. However, the Department of
Planning Services staff feels that an increased burden will be placed on
the County for further subdividing the parcel and thereby increasing
services required by residential development.
Respectfully,� y/ �
/�
Rod Allison
Current Planner
RA:rg
APPLICATION FOR LOT SIZE VARIANCE
PHONE: 356-4000 Ext. 400
Department of Planning Services, 915 10th Street, Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. L S V l 3) .. APPL. FEE
ZONING DISTRICT /7yr, v, ({U,,� RECEIPT NO. I a o S- 3
DATE 42 . /41.,;p7 APPL. CHECKED BY irp
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: -f.; Section T / N, R 4E, W
8 Ili
rkts'' 44
R (r1 . Dtp
1°x'1
!X:r:
Feld r FQ s
TOTAL ACREAGE: Ca
mmiss' (4
Has this property been divided from or had divided fro � � er
property since August 30, 1972? Yes No t/ AMa G
•
FEE OWNERS OF PROPERTY:
Name: A)/C f>L=I1r 2 -I (`:144 2D S C—fI //s.../
Address: / 7i . Ae4O c, /c`ak,T 4.4„/mTU4Uie.O ,a Phone : h .79- 0/3s—
Name:
Address: Phone :
Name:
Address : Phone:
WATER SOURCE: Larger Parcel (,0, ,4,_ Smaller Parcel (A,24://
TYPE OF SEWER: Larger Parcel 4_./,r/( Smaller. Parcel c,J)T/(
PROPOSED USE: Larger Parcel )C.,/,e/,1 Smaller Parcel :54 f// 4eArii-4E
EXISTING DWELLINGS: (Yes or No) )/4.E- (Yes or No) 4//(i
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) �� / f /�� _
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this `369 day of `L�.-e ; , 19 6' /,
SEAL
f:
:4 1-7 C1JC ac% J
Notary Publics-7
My Commission expires:
H04-HO-031 /I
November 20 , 1981
Weld County Planning
Greeley, Colorado
Dear sirs:
I am appealing to your committee for a variance to split 20 acres from
my existing acreage for the following reasons :
A . Leveling
B . Ditches
C. Fertilizing
A. Leveling: All fields of this property are not level and need grad-
ing very badly. Some portions receive no water while
other areas require laterals to water hips or points .
Fields are very cut up as a result and hard to work . I
need and intend to do extensive leveling.
B . Ditches: The entire farm has dirt bank ditches which tend to wash,
grow with weeds and etc . , which restrict water flow and
in general , hard to work . There is about 1000 feet of
open ditch which transports water to the lower portion
of the property. This 1000 feet results in high evapora-
tion, weed growth and restricted water flow. The ditch
is now 5 to 6 feet deep and 15 to 20 feet wide from erosion
over the years . I fully intend to put underground pipe
in this area and put cement ditch in the other areas.
C. Fertilizing: The fields of this property have been in hay or
pasture for 20 years . Much of those 20 years it was
rental property with no crop rotation and no fertilizing .
I am trying to start and have already started such crop
rotation . The fields also need heavy amounts of fertil-
izer , from the soil samples I have tested.
Page II
In summary, with the high cost of everything today , I can ' t afford to
do the necessary fertilizing, much less the other things necessary to
make a productive , efficient operation and hopefully a profitable one .
None of the land in this area is any good for production without water
and fertilizer , as we all know. Each year , water is harder and more
expensive to obtain . Therefore , I feel the sale of some portion of my
property will enable me to comply with all the above mentioned items ,
thus making better use of my water and be more productive than the farm
is, in the present status .
Thank you for your consideration .
Yours truly ,
/71;ee./Z z_17. A'�4_et,
Richard Schara
13713 Weld County Rd. #6
Fort Lupton, Colo . 80621
PH : 659-0135
1.
December 4, 1981
Weld County Planning Commission
Dear Sirs :
The accompanying sketch is an approximate measurement as the topographic
map is not to scale . An accurate measure will have to be made if the
variance is granted.
The Whiteside Easement is a 12 to 15 inch pipeline to deliver irrigation
to that property adjoining on the West . There are some small areas of
open ditch due to pipeline breakage .
The diagonal line from east to west , next to the irrigation ditch , is
also a proposed north line which would make an approximate 13. 0 acre
split . The full rectangle would be approximately 20 acres .
The opening in the lower left corner of the sketch is an existing entrance
gate into this parcel . The South , West , and North Boundaries have new
fences .
I have spoken to the State Water Engineers , per your Weld Planning
Personal , and the state indicated a deep well is very likely . They,
however , would not give me any definite answer until the Weld Planning
Commission contacts them.
This parcel is basically sandy soil , so a septic system should be no
problem.
I also spoke to the Brighton City Planning Group and they have given
their blessing , as far as , no restriction for a single dwelling . Their
planning stays 1 mile south of my place for the next 10 years .
Thank you for your time and I am looking forward to a meeting on this
matter.
Yours truly,
I
t I
Richard Schara
13713 Weld County Rd. #6
Fort Lupton , Colorado 80621
PH • 659-0135
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FIELD CHECK ,
FILING NUNSE"R: LSV 132 DATE OF INSPECYioNz _1_214/81
NAME: RICHARD ScHARA T
REQUEST! LOT 5i VARIANCE /
LEGAL DESCRIPTION: SY2 SEIM Sec. 2D, / JAI , R6K• �
LAND USE: 14 I 'tag4ea F r n land
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LocATION: 11/2 Ph /eS /lor411 - E /\gricvl-tore_
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
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REFERRAL LIST
APPLICANT: Richard Schara CASE NUMBER: LSV-132
SENT REFERRALS OUT: December 15, 1981 REFERRALS TO BE RECEIVED BY December 24, 1981
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County Attorney (plat only) Town of Brighton
c/o ob Walsch
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Weld County Health Department 22 outh 4th Avenue
)( XX B ighton, Colorado 80601
Engineering Department (Walsch will call if it is
X XX determined a P/C meeting is
County Extension Agent necessary)
Colorado Geological Survey Town of Fort Lupton
1313 Sherman Street It c/o Gayle Packard-Seeburger
Room 703 P.O. Box 158
Denver, Colorado 80203 Ft. Lupton, Colorado 80621
12-22-81 7:00 p.m.
Colorado Water Conservation
Board Fulton Irrigating Ditch Co.
Centennial Building c/o Cecil King
1313 Sherman Street 1`X 4707 weld County Road 29
Denver, Colorado 80203 Fort Lupton, Colorado 80621
State Engineer
X xx Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
7 Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
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