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HomeMy WebLinkAbout800488.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 117 - MR. AND MRS. MICHAEL DOLLAGHAN. 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 Couunissioners has determined at a public meeting held on the 15th day of October, 1980 in the Chambers of the Board of County Commissioners of Weld County, Colorado that a certain tract of land is owned by Mr . and Mrs. Michael Dollaghan, which land is more particularly described as follows: Part of the East Half of the South- east Quarter of Section 22 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, the owners of said tract of land desire to obtain a variance from the minimum lot size requirement so that they 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 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 Mr. and Mrs. Michael Dollaghan for the above described parcel of land. a00480 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of October, A.D. , 1980. N. • BOARD OF COUNTY COMMISSIONERS ATTEST: ~-/ �,'2,,, ,,,, , WELD COUNTY, COLORADO G y Weld County Clerk and Recorder 1 , L c ( (Aye) and_C,Tk to the Board , C. W. Kir y, Ch irman BY / f'4,,,-,„,v ( L (L. L_,, - (Aye) - / Deputy County Jerk eonard L. Roe, Pro-Tem APF,O D AS TO FORM: ei4. _ (Aye) ..1::-e...- "— J Norman Carlson County Attorney (Aye) Lyd unbar, / , / i 'yr K L/ ::q , , i%f) AI X (Aye) June K. Steinmark DATE PRESENTED: OCTOBER 20 , 1980 DEPARTMENT OF PLANNING SERVICES PHONE (3031 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO October 15, 1980 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Lot Size Variance #117 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance fran Mr. and Mrs. Michael Dollaghan. The property on which this request has been made is described as Pt. Eh SEa Section 22, T2N, R68W of the 6th p.m. , Weld County, Colorado. This property is located 21/2 miles south of Del Camino adjacent to the crest side of I-25. The property under consideration contains approximately 65 acres of class II, III 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. If this lot size variance is approved, the Dollaghans will proceed with their application for a recorded exemption. The following information is taken fran the letter dated September 10, 1980 submitted with the application by the Dollaghans: "Approximately 90% of the land is used for farming, and the improvements sit on the balance of the land at the north end. There are two single-family homes and several out-buildings. One of the launes is in good shape and is occupied. The other home is presently uninhabitable. There is already a natural physical seperation between the farm land and the improvements. This seperation is defined by existing fences, trees, and buildings. The first parcel would contain approximately 7 acres and would include the occupied hone and the out-buildings. The second parcel would include the farm land and the uninhabitable home. Approval of this variance will enable us to put the run-down have back into use thru renovation. This will in no way change the use of the property, The farming of the land and the use of the improvements on the 7 acres will remain the same." 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: Pnnrd of County Commissioners Lot Size Variance #117 October 15, 1980 Page 2 1. The request conforms with Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemption procedure) , Section 3-3A. of the Weld County Zoning Resolution (intent clause of the Agricultural Zoned District) and the Weld County Comprehensive Plan in that each parcel does have an existing set of improvements. The use will be compatible with surrounding agricultural uses. The request will allow agricultural and related uses to be the predominant land use. There will be no reduction in the amount of land currently being used for agricultural production. Furthermore, this action will not cause increased impacts from residential development on the parcel in question or the surrounding area as residential improvements exist on both proposed lots. 2. The Tri-Area Planning Commission has reviewed the request and has set forth no objections to it. 3. The request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. Respectfully, 6.ac. Chuck Cunliffe �^ 1 ► Assistant Zoning Administrator CAC/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. LSV %,fl APPL. FEE * gj5.00 ZONING DISTRICT pity kt,k0ANfR 1 RECEIPT NO. I k383 DATE SEP 11 ge APPL. CHECKED BY �� 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: LFrz ) � k /44 Section Zz T Z N, R ��' W F. 121I• [�- n F-04! rn fbee c(k)7//Aft. c/(J/)Se See &Xn''Z i/ ' .. TOTAL ACREAGE : - 80 /kit-cc /C'6S 4cretr- Sit-624L /12081-So N dS Y °! j�c1 j�H Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No A FEE OWNERS OF PROPERTY: Name : ye6CfIHE� - Y (1O"1,1 74:9A/CE F dc3aCH 6147/SA) Address : �?GC s So• v/RosN/oRIN avd,fikevioodalo Reez7Phone : 786, - s--7t,3 Name : Address : Phone : Name : Address : Phone : <artMvd WRYE0^ Ler/ # f w47&r WATER SOURCE: Larger Parcel :fry Co•—5EtSmaller Parcel cdrey Co- Ostia bc;thon 61"/Simi we/ TYPE OF SEWER: Larger Parcel Scyhc- Smaller Parcel SC-'pt/C- PROPOSED USE: Larger Parcel �yoees 4/Y Smaller Parcel `5tees �7- J y9cflN7s,�, cetRN<<y eccup/EcPS,.3/e n,ui�y EXISTING DWELLINGS : Yes or No) 64,05E _ Yes r No) /ipu E. I hereby dispose and state under the penalties of perjury -all state- ments, proposals, and/or plans submitted with or cont " within phis application are true and correct to the best o wledge. COUNTY OF WELD ) STATE OF COLORADO) Signature : . Owner Authorized Agent �f7k V__/04=c: /i6 H'?'✓ Subscribed and sworn to before me this /li day of \ - , 19 2? I. SEAL Notary PlZblic 7 My Commission ex ires : EXHIBIT A The East half (E 1/2) of the Southeast quarter (SE 1/4) of Section 22 , Township 2 North , Range 68 West , 6th P .M. Weld County, Colorado , together with all appurtenances , including all water and water rights . EXCEPT : 1 . Conveyance for highway purposes as contained in deed recorded in Book 1503 , at page 101 , Weld County, Colorado records ; and 2 . Prior reservation of an undivided one-half interest in and to all oil , gas , and other minerals under- lying the premises and an exclusive right to lease said premises for development of oil , gas , and other minerals , as contained in Warranty Deed dated May 15 , 1975 , and recorded as Reception No . 1660856 in Book 739 of the Weld County, Colorado , records . RESERVING AND EXCEPTING to GRANTORS : 1 . All oil, gas , and mineral rights of whatsoever nature owned by grantors , together with full rights and pri- vileges to explore for and produce the same , subject to ,pay- ment for surface damage and loss of surface use occasioned by the same. 2 . Fifty units of Colorado Big Thompson Project Water on allocation Agreement from the Northern Colorado Water Conservancy District allocated to the foregoing property . 3 . Five shares of the capital stock of The Con- solidated Lower Boulder Reservoir and Ditch Company . 4 . Four shares of the capital stock of The Base- line Land and Reservoir Company. y�v 'N4- 41 September 10, 1980 Department of Planning Services 915 10th St. Greeley, Colorado 80631 Dear Sirs, This is a letter of explanation detailing the reasons why we are requesting a Lot Size Variance on the E. 1/2 of the S. E. 1/4 of Section 22, T. 2 No. , R. 68 W. , of unincorporated Weld County. The property is rectangular in shape and sits adjacent to the west side of the Valley Highway. Approximently 90% of the land is used for farming, and the improvements sit on the balance of the land at the north end. There are two single-family homes and several out-buildings. One of the homes is in good shape and is occupied. The other home is presently uninhabitable. There is already a natural physical seperation between the farm land and the improvements. This seperation is defined by existing fences, trees, and buildings. The reason for this Variance is to create two parcels. The first parcel would contain approximently 7 acres and would include the occupied home and the out-buildings. The second parcel would include the farm land and the uninhabitable home. Approval of this Variance will enable us to put the run-down home back into use thru renovation. This will in no way change the use of the property. The farming of the land and the use of the improvements on the 7 acres will remain the same. Th u, Mike Do aghan ° t. a ''.ii ii,.:;,- . i,PP# ;� iKi.. i c.4. f , k ..,*f..A.4,14::444.1.4.41.,:_q i . act::,-T x.` �m•'4 i4.,..„,;;;•%; \; ,,.,.,t `A" . Athg. - g�✓ '� >. ti :nwk 4 y t {{'„- kTy Jpy ® F t �$ii yf,--,--:::- u -k4'.':,1[..30, ti �r y ; ` 1ST � r as. *`� ' 1 e" 'Ps .A� ti -.- } t x h".; { `' a« i;� `� i iii i, "+* _ ,rf . , > r, 'fir xi kp .a'thtY ' 1 s x�y..i {1.-- ." fr _ 1 w ter t "� 1 k 7A ,..]i { { �a4� ' s A 'f4 1 R Sf Y rS. .� %_ 1, - h _ n A iF} 1 H3. R +i A 11: y �2492 4 Uy �i 1 C\ Fi . Y.. L Y [I a95 z6 i3Ay 41 ,, a€�+` A 4 "'lit' :.;..?0 , r I' .,AY, PP`s p >t a ?^ 'h4d"yi ,'r v.. >,P • S` Ij Y i l 'R; i `P f 4 �':ti#$ .'�• w t-: ' Ira---4,4,--," 4,4 .� `a lai FI ` L ;•44,4 4444, TJ'ri { 1 ..t ✓ y IVm .'; 1k I yry gr \ 1 4 tlf .F i .y,1��{i Y k .�., . rP k :-`, ,b ! s �W,et W, zA.s s ai- 'rilliik 1 - 3 1 -. A ' -law ' COLORADO STATE DEPARTMENT OF HIGHWAYS a '9 - ` * * DIVISION OF HIGHWAYS Weld County 4187 ' SH 25 September 25, 1980 Dollaghan Lot Size Variance 21/2 Mi . S. of SH 119 W. of I-25 DOH FILE 45100 Mr. Chuck Cunliffe Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: We have reviewed the application from Michael Dollaghan for a Lot Size Variance. Approval of this variance as presented would require an additional driveway onto the Interstate 25 Frontage Road. We prefer that one driveway be allowed to serve both parcels of land which would be created by this variance. However, if this cannot be done, we can permit the new driveway as shown on the sketch plan. If this variance is approved with the new access, the property owner will have to obtain a Driveway Permit to construct this access. The completed application and three copies of a plan showing details of the driveway con- struction should be sent to Mr. David N. Fraser, District IV Maintenance Superintendent, P. 0. Box 850, Greeley, Colorado 80632. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER (-112,--t (-. ..t a, - Albert Chotvacs Assistant District Engineer AC:da cc: D. M. Bower D. N. Fraser (2) h�0(d%9 File: Crier-Jacobson via '1- �� Rames-Finch-Graham w/encl . ``lc . `' ' ', ,60 .. MiY,-,vF� C31 C' ifigAv 4 eo4e-slot qa y� WO?nr ;s!\\q. P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 mEMORAMUM W(111111lic To Planning Commission Date September 19 , 1980 COLORADO From Gilman E. Olson, Utility Administrator subject. L.S.V. - Michael Dollaghn Access to the uninhabitable house could be a real problem as it would require an easement through the smaller parcel and shared with said smaller parcel . The east side of subject property is served by I-25 Frontage Road under the jurisdiction of the State Highway Department, not a County Frontage Road as shown on submitted drawing. Any new access on the south side (Weld County Road 18) will require County approval prior to installation. Gilman E. Olson Utility/Subdivision Administrator GEO: sad LEFT ]HAND WATER SUPPLY COMPANY P ,O. BOX D N'I[WOT, COL©RAD® 80544 fours 652_2188 , Mriro 143-2036 September 17 , 1980 Chuck Cunnliff Longmont Planning Dept . Centennial Center Greeley, CO To Whom It May Concern : This letter is to inform you that the Dollaghans presently have a meter and membership currently paid. Service at 8483 I-25 Frontage Road, Longmont , is available for a single family residence. Enclosed is our copy of their membership certificate number as evidence of this membership with Left Hand Water Supply Company. Sincerely, Sa40-0 Ecipc<Le /J/`' Sharon E. Fray, Secretary Enclosure 4 i3 Woad,,0 4 4p1 D yo it Op Coto RICHARD D. LAMM Fez J. A. DANIELSON Governor " a i State Engineer \ * */876 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 October 1, 1980 Mr. Chuck Cunliffe Weld County Dept. of Planning Services 915 10th St. Greeley, CO 80631 Re: Dollaghan Variance, Case No. LSU-117 Dear Mr. Cunliffe: We have reviewed the above referenced application for variance. We feel that a dependable water supply will be available from the Left Hand Water Supply Company and the existing well and we recommend approval of this application. Very truly yours, Hal D. Simpson, P.E. Chief, Water Management Branch HDS/GDV:pkr cc: Jim Clark, Div. Eng. Reiner Haubold Land Use Comm. /' '' 4 a≥ n: IR E.G ,,r� Wy)4 Count{ 1 �11SSIa� q Plnnaia1 Ca .x 4- LEGAL DESCRIPTI Npk- E`y3F` _e.>, — CASE NO. Lb — Ili s 2 ---1 , 4?.F; 55 C r\I ,L_ 1 Y �__ '53N"C2 / ' 4', CC) ) d \k54)( 5iL t--- . - _. - _ 55 r 5'.i.. 2,r L Y5,_ SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 43 8 �l/ 7L'� :e 63 -8 5/ J-. 1t/e__ l-8-8 2/7 Jl-e-s r REFERRAL LI ST • U) 0 APPLICANT Michael Dollaghan CASE # LSV-117 w REFERRALS SENT OUT ON: September 17, 1980 N L' REFERRALS TO BE RECEIVED BY: October 1 , 1980 z v C ra H V` H y w i-c a '-D C� Hrzi O o [� o P, REFERRALS RECEIVED coutimmAmmorowe )( SEP 26 MD County Health K X SEP 19 1900 County Engineer . State Highway Department X SEP 29 1980 1420 2nd Street Greeley, Colorado 80631 Tri-Area Planning Commission 00T I4 J980 c/o Debbie Smaller P.O. Box 363 Frederick, Colorado 80530 - PC 10/8/80 State Engineer Division of Water Resources X OCT 3 1980 Rm 818 1313 Sherman Street Denver , CO 80203 Sent 9/22/80 • • . L t 14# . ryt a,. l. dab „ F` yF // / Y, 1/41C A/1/74 HOU« Iy, IX NPti I:. X / i , I I Oh11 Ir. / . H I t i I . ,36,,cA9EtRC I , Ec49. 4 479. . 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