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Home My WebLink About810474.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 125 - DWIGHT AND SANDRA HOLTER. 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 8th day of April , 1981, in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain tract of land is owned by Dwight and Sandra Holter, which land is more particularly described as fol- lows : Of a parcel situate in the Southwest Quar- ter Section 5, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the Southwest corner of the aforementioned Section 5, and considering the South line of said Section to bear North 87°20 ' East and with all bearings contained herein relative thereto, thence North 87°20 ' East, a distance of 2 , 066 feet, more or less, to a point 5 feet above the upper edge of the Lake Canal Ditch, thence along a line 5 feet above the upper edge of said ditch in general as follows: North 48 °18 West, a distance of 370 feet, more or less, to a point, thence North 80°08 ' West, a distance of 215 feet, more or less, to a point, thence North 56°50 ' West, a distance of 83 feet, more or less, to a point, thence North 0°56 ' West, a dis- tance of 200 feet, more or less, to a point, thence North 88°37 ' West, a distance of 330 feet, more or less, to a point, thence South 78°24 ' West, a distance of 130 feet, more or less, to a point, thence North 60°02 ' West, a distance of 92 feet, more or less, to a point, thence North 27°34 ' West, a distance of 151 feet, more or less , to a point, thence North 81°22 ' West, a distance of 362 feet, more or less, to a point, thence North 49°20 ' West, a distance of 140 feet, more or less, to a point, thence North 85°09 ' West, a dis- tance of 135 feet, more or less, to a point, thence South 42°22 ' West, a distance of 165 feet, more or less , to a point, thence South 80°00 ' West, a distance of 130 feet, more or less, to a point, thence North 46°58 ' West, a distance of 70 feet, more or less, to a 810474 point, thence North 12°00 ' West, a distance of 169 feet, more or less, to a point on the West line of the aforementioned Section 5 , thence South 1°35 ' East, along said West line of Sec- tion 5, a distance of 1012 feet, more or less, to the point of beginning. Above described parcel contains 28 .18 acres and is subject to all easements, agreements, and rights-of-way on record or existing on said parcel. WHEREAS, the owners of said tract of land desire to obtain a variance from the minimum lot size requirement so that said applicants may apply 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 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 Dwight and Sandra Bolter 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 8th day of April , A.D. , 1981. 1 Y -"w " BOARD OF COUNTY COMMISSIONERS ATTEST: %� �'r:.1t.. ° ^7"%rc°,.fi ..≤e T.e",C;xxr` " nn v WELD COUNTY, COLORADO 4t Weld County Clerk and Recorder (Aye) and Clerk to the Board'-m uc�C C rls n, Cha rman BY „i- ,.�e % iC1 (Aye) Auty Coun y Clerk , Norman Carlson, Pro-Tem A PR ED AS TO FORM: /17/ z t (Aye) C. W. Kirby County Attorney ABSENT DATE SIGNED (Aye) .John T. Martin ,:,t/,/.fJ) -7t.W,lit(7, (No) /J/one K. Steinmark DATE PRESENTED: APRIL 13, 1981 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO April 6, 1981 Board of County Commissioners Weld County, Colorado 915 10th. St. Greeley, Colorado 80631 RE: Lot Size Variance # 125 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance from Dwight and Sandra Holter. The property on which this request has been made is described as Pt. SW4 Section 5, T6N, R67W of the 6th. PM, Weld County, Colorado . This property is located 1% miles north and ? mile west of Windsor. The property under consideration contains approximately 28.18 acres of Class II and IV 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. The Holters desire to divide their property into two parcels of 8.12 acres and 20.06 acres so that they may sell the smaller 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 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 urban encroach- ment on rural land uses. The Plan urges residential development to be closely connected to and served by municipal utilities with towns being encouraged to service new developments within a reasonable service area from its incorporated boundaries. The plan further indicates subdivision of land should conform to the overall development goals and policies of the Comprehensive Plan. hoard of County Commissioners Lot Size Variance 125 Page 2 2. This request is not in conformance with the intent clause of the Agricultural Zone District, Section 3.3A. 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 divi- sion 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 8 acre parcel . While the addition of one residence does not in itself create an urban encroachment, the cumulative effect of land divisions on 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 theefore higher costs of those services to the residents of the County. 3. This request is not in compliance with the intent clause of the recorded exemption procedure, Section 9-2 of the Weld County Sub- division Regulations. The parcel is not prime agricultural land because of the location of the parcel with respect to Lake Canal Ditch. The nature of this request is not, however, providing for the orderly expansion of urban growth in accordance with the Comprehensive Plan. The Department of Planning Services staff feels that if residential development increases in the area, inefficient residential development will result. 4. The minimum lot size in the Agriculutral 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, Vickie Traxler Assistant Zoning Administrator I: 'I I '!YI'EO,N I"(flt LOT SIZE VARIANCE P t)N: : 356-1!100 Ext . '10O 1)c�rr I_rnc n1. r..0 1' i ..ni )it, Services, EJlri 10th Street , Greeley, Colorado FOR PLANNING DEPARTMENT ESE ONLY : CASE NO. Ls V 1 _a.5 c_ 1 3 APPL. FEE 'S.5. 00 • ZONING DISTRICT pssst» �t _ RECEIPT NO. 1 l (Q"7(p DATE "j-3-$1 _._ APPL. CHECKED BY rT TO BE COMPLETED 10/ APPLICANT: (Print or typo 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 :Portion of the SW 111.0ectic,n 5 T 6 N. R 67 W of the Sixth Principal Meridian, Weld County, Colorado. (SEE ATTACHED) TOTAL ACREAGE: 28.18 acres leas this property been divided from or had divided from it any other property .-ince August 30, 1972? Yes No Xx x FEE OWNERS OF PROPERTY: Name: Dwight J. & Sandra A. Holter Address : P.O. Box 126 Windsor, Colorado 80550 Phone : 686-3567 Name: Address : Phone: Name : - Address: Phone: North Weld County North Weld County WATER SOURCE: Larger Parcel Water District Smaller ParcelWater District on-site septic on-site septic TYPE OI? SEWER: Larger Parcel system Smaller. Parcel system existing PROPOSED USE: • Larger Parcel residence Smaller Parcel residential EXISTING I)WI•;LI,1NGS: (Yes or No) yes (Yes or No) no I hereby dispose and state under the penal ties 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. I COUNTY OF WELD ) STATE OF COLORADO) �I Signature : Owner or Authorized Agent Subscribed and sworn to before me this gnet_ clay of / y(C�(�r�� , 19 S'i . SEAL ixt-e-e--- LOo--7--tt Notary Public My Commission expires: A I EXHIBIT 1 • N 48°-18'-00"W PLOT PLAN 0' I ,r' Z - Scale : 1" = '200' N 80°-08' W l o 215' I. o HtN 56°-50' Si N 0°-56' W 83' o ' ° i Irri ation Ditch N 88°-37' W I 8.12 Acres 330' ' I• Parcel 2 N No S 78°-24' W S 8°-23'-08" E ,° 130' ': 559.78' , w ,� N 60°-02' W o 0 92' N 27°-34' W N U*' 151 ' •-.- co m z ) O 20.06 Acres h) x +0 0 N 81°-22' W , m362' ° ..0---, Parcel 1 :1-4I N 49°-20' W I 140' ' existing house building envelope) N 85°-09' W 135' S 42°-22' Lt 165' • S 80°-00' W I 130' 4. N 46°-58' W C 70' N 12°-00' W j 169' . ...... �� } S 1°-35' E 1,012' L West Line of Section 5 - 6 - 67 centerline C.R.#15 Southwest corner, Sec. 5, T. 6 N., R. 67 W. , 6th P.M. Weld County, Colorado M Wk Mueller - Wood E Assoc , Inc. X 4902 __. /, A'49 3 EXHIBIT 2 VICINITY MAP , • i( 5 V 4 Parcels & �II .y. Lake.Canal _ ( - nee-No L ‘----) I N- _ N .,,,,-, ° is 1J-N\ C WY `\\ 2R IT tv \' N:L \ /a\\K___° ,---71- '''.., Crfr A.s ,) \1 f607 /'� ° °'.EELEY ° �II p �--- a eo 7-2- 47:4 9, 0Li y 18 . 17 O --_ 4806 1804 •a° ° a° C i`, Windsor [..L� aa. \ 01 4799 A' 4 '" [ yL 4790 ,7 ) r— ii I\Th°44C4L • 'I' — -`�' BM 1 p L .,' • 1 no M 32 `798 I " m f �i _� .796 __ " II _ _ I�'1\ r' ._.!u `y o a' 'I e..A r 1798 _•I '4790 max, •®©2#� Sick a ° �" �� ®, ' ® �•��'''�— Windsor s 1 e• ' 21 % 4. • 194775 '.. 20 �—,, ..x 7 „� Neiley " ° - 47&3 y)6 ° � • � III „� /. ._Vl0 - —I— _ Vi a, _ 44,_ _ \ BM' 4 477 �•��.�a�� 4768 .--P` -"_ • 4j O d D ttve I/i ) 28 • WA Mueller - Wood a Assoc , Inc. MUELLER-WOOD &• ASSOC., INC. LAND SURVEYING-ENGINEERING February 27, 1981 Weld County Planning Department Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Lot Size Variance - Portion of SW 1/4, Section 5-6-67 Gentlemen; With regard to the above referenced parcel please find enclosed the following: 1) application form 2) plot plan 3) letter of intent from the North Weld County Water District 4) legal instument indicating ownership 5) application fee - $85.00 The above referenced parcel currently comprises 28.18 acres . This is separated from adjacent farmland by County Road No. 15 on the east, County Road No. 72 on the south and the Lake Canal Ditch along the north. In addition to these barriers a considerable difference in elevation exists between the north side of the irrigation ditch and the south side of the ditch, where this parcel is situated. The owners have attempted to farm the eastern portion of the property, however the topography is such that the land cannot be adequately irrigated without flooding the western portion. Tne physical separation also presents problems in incorporating this area into the farming operation of the contiguous fields. Therefore, the owners are requesting a lot size variance and a recorded exemption in order to achieve the best possible use of their property. Respectfully Subm4tted, ames L. Mueller 330 North Lincoln Avenue • Loveland,Colorado 80537 303/669-0800 ,/ LEGAL DESCRIPTION : Of a parcel situate in the southwest quarter Section 5, Township 6 North, Range 67 West, of the Sixth Principal Meridian, Weld County, Colorado, being more particularly described as follows; Beginning at the southwest corner of the aforementioned Section 5, and considering the south line of said section to bear N 87°-20' E and gith all bearings contained herein relative thereto, thence N 87 -20' E, a distance of 2,066 feet, mole or less, to a point 5 feet above the upper edge of the Lake Canal Ditch, thence along a line 5 feet above the upper edge of said ditch in general as follows, N 48°-18' W, a distance of 370 feet, more or less, to a point, thence N 80°-08' W, a distance of 215 feet, more or less, to a point, thence N 56°-50' W, a distance of 83 feet, more or less, to a point, thence N 0°-56' W, a distance of 200 feet, more or less, to a point, thence N 88°-37' W, a distance of 330 feet, more or less, to a point, thence S 78°-24' W, a distance of 130 feet, more or less, to a point, thence N 60°-02' W, a distance of 92 feet, more or less, to a point, thence N 27°-34' W, a distance of 151 feet, more or less, to a point, thence N 81°-22' w, a aistance of 362 feet, more or less, to a point, thence N 49°-20' W, a distance of 140 feet more or less, to a point, thence N 85°-09' W, a distance of 135 feet, more or less, to a point, thence S 42 -22'° W, a distance of 165 feet, more or less, to a point, thence S 80°-00' W, a distance of 130 feet, more or less, to a point, thence N 460-58' W, a distance of 70 feet, more or less, to a point, thence N 12 -00' W, a distance of 169 feet, more or less, to a point on the west line of the aforementioned section 5, thence S 1°-35' E, along said west line of section 5, a distance of 1,012 feet, more or less, to the point of beginning. Above described parcel contains 28.18 acres and is subject to all Easements, Agreements and Rights-of-Way on record or existing on said parcel. 1' 1'iY#1.a..,h 'gib °g *f7i' R + ^i tks tl r �I, 2' i• a s. r�� R s �•<' •nk � 4 � � a $p7 y Iii '1'.r ,'•'' n'U:.; 1pi�` s': '''':':''''.11: -,', 'W I• I' 4!',4'' �F .' p�1 �'"5� +"`mt%'ll. 'M T 5 ; 4,�'h a tl� 1 I, i II c ar. t Ak 1P v' ",, . .144:011ll i � k wr �;lpt ° C ' ' X4` of YY } R , vas' J k {� e •a,':. • y rc, y w 5 ti� li I: I { a• " o 7 f • ' f �, b kki.{ r r `i q;it 11 , ,ff,{• ..pt,,,,i!o � K "?� r 'f'. }I4Y sY { Y} d..plr 1� r 1. j 1 +n �r IRi it it)\ I ' \ yry y .� '1yY r'y. 1 rI,,, . 041! �es t f r t != rI ry k r5 Hrj i le , ( S '• ti, :94 P q �' >' � f h`1,l'' 4, I "mom, +!r•6 f r, I -444•41 44.41 ,. R uit Uxff . . • y ° w,h: is J'r e 11,J LSV "S �: r yrPl 1 , thy'• a ` i i `" d ��. , ' �' ac�pa.5. ;f„k " e ':` iY, ';t a t�' ' y� '`: `h� `i w°"tk ''''',47-1, ,14';', I P, ay I•I 4ii • s to y y Lry �",} y i Y T t",, ft' e _j `. ) * • y {� • 1' �k•, �ytrw' J toltilli : riff$fdy s a °, 114 Sit,t it ' 1 ,I 1V _ 1I6 4 , 4s �,� { ;o a t 1 . 1 'I �,� t I M : f ��,y. r Wyk 3�, 4� a3F'a�l 7RM y�7 :t �' kq x a E + 40;, ^;','S,4,14., 016;�+i 3 b °.ilr''';',,32.",,,,:f„t". ,,„ i. ' ,s.;,, if,,, , ' 9',r [Pr ai:-13 1.� r y ' �r a��.� iI ' � 'p [y 4 r e ° '+0 1� 1/91'"`! r t w3 ° -° • ( ' fy tit I >r i' t jilft t: • `'+ra R SYS '. R s ^h � t +....,.. 4. t '� xS}ga exb`a" .i a 31 x. tS >s t' 41 `. (sas ,4-��a„q{c are ^n U :Y It e v f #v o l sti '1 � ,, ri '� > "'II k> — st r rl r .. ..x>!a, -t,r -77 I of .i ,•4 w fp r i r Y$ m�Y a tf�'F "+. i y r A j !'X 14 *. t r l Ik � t `` 4. T } 7 w 1'jI t i '+nk e . *fill* .i. . ... w. are.Ir r f 7 x� 1ill `I ... tf _ _ btu i.�a gita� X rt , f ; ' YMdi'1Ri 'I I-; 9 �, s 1 • V M ,�1.- �a r 4 a _ k �'Kiftf k d _ £ >SA Phi f rp .V• tq s p f•Fl i 4 t si 11ii , t k{ Y 'i' Q.( ..__ !'/ !S�'. .f f1 a .0 ,� 1;4 ' i {; Sias )1i_.. r_ iz£ r r + 1 . h 1 , Ei 'R Foe d k :F p. rh • 7 • ... .._.. :R .. a,' r'',iY r a li 11 + 'j'.'kf. $_ ° a' +?� ^ _>r1 . , r y / .fit ryn, . :.) r ''''.:44.4 LEGAL 3E_ SCR ; PTIOiNsp; 5- 6 --c07___ - CASE NO. /_-SV-- APS \ `� \ 52 \ 05 J u7 52 / g2 52 4 / 51 E1 32 52 5 N 47 � \ lJ Itl l \\• \ \ \ \.., t \\;\\\. '\\ 5\ 52* 3 �r\ SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 13 ._ vas 32 Ha Wet 47 _La -Thre- REFERRAL LIST U) O A_2PLICANT Dwight and Sandra Bolter cq CASE n LSV-125:81:3 7 i REFERRALS SENT OUT ON: March 6, 1981 C [Uc.7 REFERRALS TO BE RECEIVED BY: April 3, 1981 H RI CC F 7. U U O H a O U c4 REFERRALS RECEIVED X County Health 3 - ab-$t County Engineer _ )( _ Ken Henschke �¢ kor�a - -$� Town of Windsor, P.C. - 686-7476 Box 627 April 2, 1981 Windsor, Colorado 80550 Lake Canal Company John D. Hartman P.O. Box 565 United Bank Fort Collins, Colorado 80521 • • • i — FIELD CHECK FILING NUMBER: Ia5: . 3 DATE OF INSPECTION: NAME: - } REQUEST: LC)- i 4� U LEGAL DESCRIPTION: Y S. T N fi2b-1 W LAND USE : N W ZONING: N (� r LOCATION: % rn; E s2n6 yak s COMMENTS: c , Pr , `SA 'r 0. A pno1 " • BY: Trw• 804-79-011 � r 71-7'N March 6, 1981 CASE LSV-125:81:3 COLORADO TO WhOM IT MAY CONCERN : Enclosed is an application from _Dwight and Sandra Bolter ti - aLot Size Variance 1 ' The parcel of land is described as part of the SW1/4Section 5, T6N 1161.14 of the 6th P.M. , Weld County, Colorado location of the parcel of land for which this application has been submitted is 11/_ miles north and 1/2 mile west of Windsor This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera - tion of your reconrnendations . If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect . Check the appropriate boxes below and return to our address listed above. Please reply by April 3, 1981 so that we may give full consideration to your recoauendation. Thank you very much for your help and cooperation in this matter. 1. Ar We have reviewed the pro osal and find no conflicts with our interests . pvt,,,$F- Apply (-for septic IDerw -E 2. A formal recommendation is under consideration and will be submitted to you prior to • 3 . Please refer to the enclosed letter . Sig, d Agency LOC /1 1 Datea/1MW. eL Z ning Administrator 4 yam. a MAR len ^; EI VED Weld C2dn E ssfnR &, I Hello