HomeMy WebLinkAbout800533.tiff RESOLUTION
RE: GRANT REQUEST OF DONALD BAKER AND MAX ULRICH TO RE-HEAR
LOT SIZE VARIANCE NO. 104
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 denied the application of Donald Baker and Max Ulrich
for Lot Size Variance No. 104 , and
WHEREAS, Donald Baker and Max Ulrich have requested that
the Board re-hear the application for a lot size variance, and
WHEREAS, the applicants have stated that they did not receive
the recommendation for denial and the reasons therfor in time to
review and adequately respond to said recommendation for denial,
and
WHEREAS, the Board feels that the application for the lot
size variance should be re-heard due to the aforementioned reason.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the request of Donald
Baker and Max Ulrich for re-hearing Lot Size Variance No. 104
be, and hereby is, granted for the reason as stated herein.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
March, A.D. , 1980.
�, t•i w., _ BOARD OF COUNTY COMMISSIONERS
ATTEST: ,. ;'': t .o,:k.,.. `;`-(,,IA,yi_.r:,.r,,,, WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,i/``, ti ( e
and Clerk to the Board C. W. Kirby, irman
(Aye)
C
By: . ( /` 4c(ti < � 2-kr�;ux- �'. ( (Aye)
1eputy County Clerk eonard L. Roe, Pro-Tem
AY PR VED AS TO FORM: (Aye)
Norman Carlson
County Attorney (A e)
L Dun ar
y, 1 ,
Al ' 14141‘e)
J K. Ste nmark
oo0'_i3.3
DATE PRESENTED: MARCH 24 , 1980
Yaw ecea2
KAROWSKY, WITWER & OLDENBURG
SUITE 550,GREELEY NATIONAL PLAZA
STOW L
CHARLES ITWEROWSKY
NINTH AVENUE AND EIGHTH STREET
A .OLDENBURG
RR.
GREELEY COLORADO 90631
R.SAM ODEN9URG AREA CODE 303
BETSY B KAROWSKY
352-3151
LYNN J. KAROWSKY
February 8 , 1980
Board of County Commissioners
Weld County, Colorado
915 - 10th Street
Greeley, Colorado 80631
Re: Lot Size Variance #104
Gentlemen:
I am herewith enclosing a Petition for Rehearing regarding the
above application for lot size variance. Although I was not at
the hearing of the Board of County Commissioners when the appli-
cation was acted upon, the applicants have since developed the
impression that the Board may not have been fully apprised of
all of the facts and circumstances surrounding this application.
This is the reason for the application.
Unfortunately, the first date on which I will be available for
rehearing is February 25, 1980. I would appreciate your inform-
ing me of the date of rehearing.
Very truly yours,
KAROWSKY WITWER & OLDENBURG
fry
R. Sam Oldenburg
RSO/dkr
Enclosure
cc: Russ Anson
Tom David uISS�iNER�
NEVI coWflY ci „_
FEB111980 itU
GREELEY, COLO.
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PETITION FOR REHEARING FEB1; 1920
IN THE MATTER OF THE APPLICATION OF
LOT SIZE VARIANCE BY DONALD BAKER LOT SIZE VARIANCE #104
AND MAX ULRICH
TO : BOARD OF COUNTY OF COMMISSIONERS
WELD COUNTY, COLORADO
The Board of County Commissioners on the 23rd day of
January, 1980, denied, by resolution, an application for lot size
variance #104 by Donald Baker and Max Ulrich.
The applicants petition for a rehearing on the applica-
tion on the following grounds , to-wit :
1 . The Department of Planning Services in its report and
findings of fact was in error and the resolution of the Board of
County Commissioners was based upon erroneous conclusions in the
following respects :
(a) The field check dated January 22, 1980 , indicated
that the inspection revealed that all of the land was being farmed.
Although in past years, there had been sporadic dryland crops
planted, the crops were planted more for cover than for production
and the production history reflects that the land is not "economically
productive" . This erroneous conclusion by the Department of Planning
Services apparently occurred because of the recent snow cover and
the resulting inability to examine the land.
(b) The Department of Planning Services concluded that
there had been a prior "split-off" of the improvements in 1972.
Although it may be a matter of terminology, the report by the Depart-
ment of Planning Services did not correctly reflect the status of
the parcel of land and created an impression of a prior land split
for economic gain. In 1952 , Pete Ulrich died, leaving a life estate
interest in his wife, Anna Ulrich, and a vested remainder interest
in seven children, one of which was Henry Ulrich. In 1972 , Henry
Ulrich exchanged, in part, his undivided 1/7th interest in and to
the 80 acres in exchange for a fee interest in a smaller parcel on
which the present improvements are constructed. Henry Ulrich is
now deceased but his surviving wife continues to reside in the im-
provements.
2. The purposes of the application and the motivation there-
for were not to encourage residential encroachment on agricultural
land, but rather, was an extension of a family relationship regarding
the land. After the death of Anna Ulrich, the remainder interest in
this farm was owned by six children and three grandchildren of Pete
Ulrich. In June of 1979 , the family agreed to and did convey the
land subject to this application to Max Ulrich who was a grandchild
of Pete Ulrich. This was done with family approval and under the
conditions that Max Ulrich would make available the non-productive
part of the property to another family member, Donald Baker, co-appli-
cant, who is the great-grandson of Pete Ulrich.
3. Gladys Ulrich, who resides in the present improvements ,
and the remaining members of the family have an interest in the grant-
ing in the lot size variance. Gladys Ulrich lives at the improvements
alone and has encountered some apprehensiveness because of the isola-
tion from close neighbors and relatives from whom she can seek assis-
tance. Donald Baker, a co-applicant, is her grandson and his residing
on the property would relieve the anxiety and provide a sense of
security.
4. Because of the fact that the land is not capable of
economically productive agricultural use, it is submitted that the
application is within the intent of the Weld County subdivision
regulations which provide the procedure for recorded exemption in
those cases in which non-productive agricultural lands may be
developed for higher and more productive uses. The Department of
Planning Services suggested that the application does not comply
with the Weld County Comprehensive Plan because it would encourage
residential encroachment on rural agricultural land use. Again,
it is submitted that neither the subdivision regulation nor the
Comprehensive Plan prohibits a recorded exemption in cases as that
presented by this application.
5. It is further submitted that the granting of the lot size
variance on this particular parcel of land would not be in conflict
with the intent of the agricultural zoning. Because of the fact
that the property is not adaptable to economically productive agri-
cultural use, it would not discourage agricultural uses. An exami-
nation of the premises will reflect that there exists a natural
boundary between the agricultural lands and the lands proposed for
a lot size variance, one boundary being an irrigation ditch and the
second being a radical and substantial change in elevation. The
granting of the application would therefore, not divide agricultural
lands into smaller or less economical parcels. Granting of the
application would obviously increase residential density on this
property from " 0" to "1" residents , but it is submitted that this is
not of such significance to override the more compelling equities in
favor of granting the application. Further, it is acknowledged that
the property is not immediately adjacent to existing municipal facil-
ities ; however, the property lies within one and one-half miles of
an existing municipality and is adequately provided access to neces-
sary utilities and service.
Respectfully submitted,
KAROWSKY, WITWER & OLDENBURG
/
By:
L J. K rowsky, 572
ttorneys for Applicants-
550 Greeley National Plaza
Greeley, Colorado 80631
Telephone : 352-3161
-2-
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