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Home My WebLink About800482.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 112 : 80 : 9 - EDNA COLLINS, ET AL. 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 meeting held on the 21st day of May, 1980 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain tract of land is owned by Edna Collins , et al. , which land is more particularly described as follows : Part of the Northeast Quarter of the Northwest Quarter of Section 33 , Town- ship 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado. WHEREAS, the owners of said tract of land desire to ob- tain a variance from the minimum lot size requirement so that said applicants 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 applicants have shown good cause for the granting of 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 Edna Collins, et al. , for the abovedescribed parcel of land provided that the applicants agree to use a common access for both parcels. J00482 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (ABSENT) C. W. Kirby, Chairman (ABSENT) Leonard` Roe, Pro-Tem a,- s _ (Aye) Norman Carlson ii-e-ill) +L�slirf-4 / (Aye) ATTEST: 0,1 ' ne K. S einmark, Temporary Chairman Weld County Clerk and Recorder and ZS�JV lerk to the Boar p� BY: , (�v-,,,r� C � ri_ti -9s,� Deputy Count Clerk 4p ROVED A TO FORM: Le'', Co my Attorney DATE PRESENTED: MAY 28, 1980 DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO MhY tall torMay 21 , 1980 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Lot Size Variance #112:80:9 Dear Commissioners : The attached letter and related materials are in reference to a request for a lot size variance from Edna Collins , et. al . The property on which this request has been made is described as Pt. NEa NEa Section 33, T6N, R66W of the 6th p.m. , Weld County, Colorado. This property is located in the southwest corner of County Road 64 and 59th Avenue. The property under consideration contains approximately 10.96 acres of class IV non-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. Mrs. Collins wishes to sell the four acre tract. Mrs . Collins will keep the remaining six acres with her present residence. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services staff recommends the request be approved for the following reasons : 1. The request is in compliance with the policies of the Weld County Comprehensive Plan in that to minimize conflicting land uses , residential development will be encouraged to locate adjacent to existing towns in accordance with the compre- hensive plans and stated wishes of each community. The parcel is located approximately 1 mile northwest of the City of Greeley. The City of Greeley Planning Commisssion has no objections to this request provided there is a common access drive onto County Road 31. 2. The request conforms with the intent clause of the recorded exemption procedure and the intent clause of the Agricultural Zone District in that the uses will be compatible with surrounding agricultural uses. The size, shape, and physical Board of County CommissioN..rs LSV-112 :80:9 May 19, 1980 Page 2 layout of the parcel diminish the efficiency of agricultural operations on the parcel . 3. This request complies with the provisions of Section 9-4.A. (6) of the Weld County Subdivision Regulations because in the opinion of the Department of Planning Services staff the applicant has shown good cause for the variance. The Department of Planning Services staff recommendation for approval is conditional upon the applicant agreeing to use a common access for both parcels in accordance with the recommendation of the City of Greeley Planning Commission. The common access should be noted on the recorded exemption plat at the time of submittal . Respectfully, Vickie Traxler Asst. Zoning Administrator VT/dr APPLICATION FOR LOT SIZE VARIANCE PHONE: 356-4000 Ext , 4O4 Department of Planning Services, ,915 1Oth Street , Greeley , Colorado FOR, PLANNING DEPARTMENT USE ONLY: CASE NO. LSV III. '. %O ' 1 APPL. FEE $$. 00 ZONING DISTRICT A RECEIPT NO. ` IU4, DATE APPL. CHECKED BY VT 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: Pr of �+NE1/4 Section 33 T 6 N, R 66 w Beginning at the northeast c9rner of said Section 33; thence South 88°52'32" West 1145.98 feet; thence South OT 07'28" South 255.52 feet to the north right of way line of the Colorado and Southern Railway right of way; thence South 75°05'54" East along the north line of said Colorado and Southern Railway right of way 1180.45 feet to the eat line of said Section 33; thence north along the east line of said Section 33 00 00,00" East 581.52 feet to the point of beginning. TOTAL ACREAGE : 10. 976 Has this property been divided from or had divided from it any other property since August 3O, 1972? Yes No X FEE OWNERS OF PROPERTY: Name : Edna D. Collins Address: 30915 Weld County Road 31, Greeley, CO 80631 Phone : 352-4428 Name: Darryl T. Collins Address : 109 Snowcap Dr. P.O. Box 345, Ruidoso, N.M. Phone : 505-257-7074 Name : 88345 505-257-7651 Address : Phone : danetic well, exists Danestic well or WATER SOURCE: Larger Parcel NormWeSmaller Parcel North Weld County Water County Water District available District TYPE OF SEWER: Larger Parcel septic tank Smaller Parcel septic tank single family single family PROPOSED USE: Larger Parcel dwelling Smaller Parcel dwelling EXISTING DWELLINGS : (Yes or No) yes (Yes or No) no 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. //, o COUNTY OF WELD ) /� L�r-C.Lr+-tea STATE OF COLORADO) Sign ure : Owner or Authorized Agent Subscribed and sworn to before me this 11th day of April , 19 80 SEAL //'',, ) O11,4777—,-3 Notary Publt October 1, 1981 My Commission expires: LAW OFFICES HOUTCHENS, HOUTCHENS AND DANIEL 1007 NINTH AVENUE BARNARD HOUTCHENS GREELEY, COLORADO 80631 S.ROBERT HOUTCHENS TELEPHONE 303-9195 .JOHN ER LHOUTCHENS AREA CODE 303 JOHN B.HOUTCHENS JERRY B.RANTNI KIM ROBERT HOUTCHENS THOMAS A.HOUTCHENS Department of Planning Services Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Application for Lot Size Variance Edna D. Collins Gentlemen: It is the desire of the owners of a part of the NEaNE4 of Section 33, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, to obtain a lot size variance and recorded exemption for subject property for the reasons stated below. The property was purchased in 1961 by Harold E. Collins , Edna D. Collins and Darryl T. Collins. The property has been the principal residence of Harold E. Collins and Edna D. Collins since 1961. Darryl T. Collins , son of Harold E. Collins and Edna D. Collins , has never lived on the property. Harold E. Collins passed away February 10 , 1980. Harold Collins retired as service station mechanic in 1976. Harold and Edna have lived on the property existing on social security since his retirement, their only other income being pasture rent on the property located south of the rail- road right of way. Edna Collins does not want to and cannot financially afford to leave the property. She owns horses and other domestic pets and the property is ideally situated for keeping the horses and pets. The property has been her home since 1961. To leave would mean the loss of her home and pets she has so dearly loved. Both she and her late husband have put much effort into paying for the property and keeping it in a livable condition. However, as stated above , Mr. and Mrs. Collins were living mostly on social security. The death of Mr. Collins has taken all of the couple' s savings. Mrs. Collins is now forced to exist on a social security payment of approximately $295. 00 per month and a pasture rent of $50 per month. This is not enough for a person to exist on. -2- Two options are available to Mrs. Collins : (1) Sell the property. This would mean losing her home and pets. This would also mean that she will have to find another place to live. At today' s property costs and interest rates Mrs. Collins could not afford to purchase another home and still have sufficient income to live on. (2) The other option is to sell a part of the property and retain a small acreage for her home and as a pasture for her horses. The income from the selling of the land would give her the funds required to exist on. Mrs . Collins desires to obtain the approval of the County Commissioners in order to allow her to follow this option. Mrs. Collins has a purchaser who is willing to purchase all of the area located south of the railroad right of way and the four plus acre tract located north of the railroad right of way. The purchaser desires to build a home on the 5 acre tract. The area south of the railroad does not have a suitable building site. The purchaser has also required that as a part of the sales contract that he be given first right of refusal for the purchase of the remaining 6 acre tract. The addition of another home to the property will also be a security benefit to Mrs. Collins . At present the nearest neighbor is over 1/4 mile away. The area located south of the railroad is used only as a pasture. It does not have a dependable irrigation water supply, relying only on seepage water for irrigation. The land is too wet, alkaline and rocky to support a cash crop. It is also located adjacent to a cattle feed lot. The area located north of the railroad has not produced a row crop since prior to 1961. It produced an alfalfa crop until about 1967 . Water costs then forced it to be converted to a pasture. Since that time it has grown only grass and has been used as a horse pasture. A North Weld County Water District water main and a natural gas main traverse the north boundary of the property. Paved roads are located on the north and east boundaries of the property. The addition of one more home to the property will not affect the rural nature and density of the neighborhood. The land is not now used for agricultural purposes. The approval of this request will remove no land from the agricultural inventory. It will in fact allow an orderly development of an area not suited for agriculture and enhance the appearance of the neighborhood. -3- Darryl T. Collins has a one-third interest in the property. This was done at the time of purchase of the property to satisfy lienholders and to provide a donation of funds to assist with the property purchase. Darryl will deed his interest to Mrs . Collins upon sale of the property. He will receive no monetary funds, payments or compensation for his interest. Sole financial benefits from the sale of the property will go to Mrs. Edna Collins to be used for payment of outstanding debts and provide for her an income to live on. We do hereby respectfully request that approval be given to this request. Very truly yours , g‘n-#r17.°‘‘d4-.-- arnard Houtchens BH/w 0 /foco5 Ce.,e,"4;•s - �' ��3z is^�s'�. s4468 "�' ?'ic' 'e7/J G _...- tee- 5AB�s2'__z"w 5Z 6'4' -✓y '------- . ' ki D.9?6 0 Ac Nh v M o° ti ¢ 9710 f,4 CPPs 6 D N ,• V ap /�-=off ..E —..._ 0:a,,,,,,, tA,'P$ Lf du "F- -s',"'s o M zy 1= � I' .......1.`......._._..... 9s• o wJ ��_ --------.........______1=---,-________,L._ 29 •� cA. s 28 2'1 Go.+P/64e Fa,,ers / POUOR¢ f 32 33 li ..3I 3 --` €1../.."4-4 H �, T. 6 N. •. T. 5 N• 3 Q Q yt"w; V/C/N/T Y ARP e;Jlo/3¢ K r OTTO & CULVER a Professional Co,pratIon LAND SURVEYORS( 5 Plat Map COLLINS TRACT 30951 Weld County Rd #31 NEB NEa Section 33, T6N, R66W, Weld County, CO Weld County Road #64 ® 683 462' Irrigation Well ---Access M -I M \\ 0� 190' 6. 35 Acres* o , 20' I Reservoir 6 Acres* (Filled by Seepage) 480' ---Access - 27 Acres* 0 C r CO it• o -o - w N- 0 T 0 0 V N Q-_ 1 ,320' O *39. 35 Total Acres © 1 ,184 s/f frame residence (built 1900) • 9 100 s/f frame tool shed SCALE: 1" = 220' Q 720 s/f frame garage • 0 216 s/f frame storage shed Caution: This is not a survey. 0 640 s/f frame animal shelter All measurements are approximate. 0 1,000 1/f misc' l fencing/corrals/pens , etc. THIS PLAT MAP WAS TAKEN FROM APPRAISER' S REPORT. IT IS ATTACHED FOR THE PURPOSE OF SHOWING EXISTING STRUCTURES ON THE PROPERTY. THE DIVISION OF PARCELS A AND B AND THE ACREAGES ARE NOT CORRECT. 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'., - 1 a it-'1'.. . + LE GAL DESCRIF 'ON L1Jf- CASE NO. 1I r�-�► 33i zirA 53-B 53-A 23D-A 17-A 34-AB 9- 29-AB/ 54 34P-AB 34-AB 34-AB 86-DE 86-DE 53-• I r\..- SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED al 12,4, J 53- S VD O APPLICANT Edna Collins H CASE ,", LSV-112:80:9 REFERRALS SENT OUT Old: April 25, 1980 z U REFERRALS TO BE RECEIVED BY: May 14, 1980 C Cn7 La U U o ra H a ti O U O c REFERRALS RECEIVED eValgtWORAWirigy X APR 301980 l.county Health APR 3 0 1980 2.County Engineer _ MAY 1 9 1980 3. Ken McWilliams City of Greeley Planning Department Civic Center Greeley, Colorado 80631 % MAY 7 1980 4. State Engineer Division of Water Resources Department of Natural Resources 1313 Sherman Street Room 818 Denver, Colorado 80203 • • I II y if + rte:If ` li{1f{ B- s i '+w *z. s` -a 'r r• — k1 } .. ....... J - .,•yam r f - . . _ .:.� Y " 1 �. \ \ ^i X'^ L— in.:^ .C. --... ..7 .P,—,- aye .. lic GREELEY CIVIC CENTER GREELE.' C0Lc=4:10 80631 F--"ONE !3E3 __3.6123 tav ] 9 , 1980 Charles Cunliffe Assistant Zoning Administrator Weld County Department of Planning Services 915 Tenth Street Greeley , CO 80631 Dear Chuck : The Greeley Planning Commission at its meeting on May 13, 1980 reviewed the requests by Edna Collins for a Lot Size Variance and George Forsythe for rezoning from Residential to Commercial . The Commission recommended approval of the Lot Size Variance ------) conditional upon provision of a common access drive onto County Road 51 . 'IheCommission recommended denial of the rezoning request from Residential to Commercial . The Commission recommended denial because the request does not comply with the adopted policies of the Greeley Comprehensive Plan. The requested land use does not conform with the future designation for this area as outlined in the Plan . The Plan projects this area to be an integral part of the future East Memorial residential neighborhood . Further the request is contrary to the adopted policy which discourages the extension of commercial strip development along East 18th Street which is a designated arterial . The Commission further recommended that if the rezoning were to be approved , then the 20 feet of additional right- of-way for the future development of East 18th Street should he provided, curb , gutter and sidewalk should be provided (or escrowed) for East 18th Street , and access should be restricted to one access from East 18th Street . "A COMMUNITY OF PROGRESS" K FIELD CHECK FILING NUMBER: LSV-112 DATE OF INSPECTION: April 28, 1980 NAME: Edna Coll i ns REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt . NE4 NEI Section 33 , T6N, R66W LAND USE: N Agricultural E Agricultural S Agricultural w Agricultural . ZONING: N Agricultural LOCATION: SW corner of intersection E Agricultural County Road 64 and 59th S Agricultural Avenue W Agricultural COMMENTS : Eastern part of the property is where the .mgrovemen s are located These include a house, garage , barn and corrals, Balance of property not used for improvements is .cultivated. Accesses are existing to the property . County Road 64 and 59th Avenue are paved. The C & S Railroad runs along the southern edge of the property. Drainage appears to be the southeast corner of the property. BY: Hello