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Home My WebLink About800484.tiff RESOLUTION RE: DENIAL OF LOT SIZE VARIANCE NO. 114 :80: 11 - ADOLPH AND BETTYE ANDERSON 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 of Weld County, Colorado has determined at a public meeting held on the 23rd day of June, 1980 in the Chambers of the Board of County Commis- sioners that a certain parcel of land is owned by Adolph and Bettye Anderson, which land is more particularly described as follows, to-wit: Part of the West Half of the Southwest Quarter of Section 22 , Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Adolph and Bettye Anderson desire to obtain a variance from the minimum lot size requirement so that they may make application for a recorded exemption, as set forth in Section 9-4 .A. (6) 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 not 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, denied to Adolph and Bettye Anderson for the above described parcel of land. BE IT FURTHER RESOLVED by the Board that the reasons for denial contained in the Department of Planning Services ' recom- mendations be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. 80o4 n4 The above and foregoing R:e8olution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of June, A.D. , 1980 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �/7,4/77t, (Aye) C. W. Kirby, Chairman (ABSENT) Leonard L. Roe, Pro-Tem >)0*""ft.1---- (No) Norman Carlson .. .i �. .._ (Aye) Lv a un•ar ABSENT DATF SIGNET) (Aye) June K. Steinmark ATTEST: C 11.4..vk4eA.WWityla Weld County Clerk and Recorder and Clerk to the Board By• D-puty County rk AP VED AS TO FORM: t yie County Atto ney DATE PRESENTED: JUNE 25, 1980 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 O S... June 17, 1980 i COLORADO 1611 • 'O Board of County Commissioners ` `'j Weld County, Colorado � , .co►-� 915 IOth Street Greeley, Colorado 80631 Re: Lot Size Variance #114:80: 11 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance from Adolph and Bettye Anderson. The property on which this request has been made is described as part of the WI SW4, Section 22, T2N, R66W of the 6th P.M. , Weld County, Colorado. This property is located 2 miles north of Fort Lupton. The property under consideration contains approximately 60 acres of class IV and VI nonirrigated 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 the request is granted, the Andersons will proceed with a recorded exemp- tion application to divide the property into an 8 acre parcel and 52 acres more or less. The Andersons wish to sell the 8 acre parcel because it is not productive farmland. 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: I . The proposed request does not comply with the Weld County Com- prehensive Plan because it would promote nonagricultural use of agricultural land and it would encourage residential encroachment on rural land use. The Plan urges residential development to be closely connected to and served by municipal utilities and towns should be encouraged to service new developments within a reason- able service area from its incorporated boundaries. The plan further indicates subdivision of land sould conform to the overall development goals and policies of the Comprehensive Plan. Board of County Commissioners June 17, 1980 Page 2 2. This request is not in conformance with the intent clause of the Agricultural Zone District, Section 3.3.A. of the Weld County Zoning Resolution and the intent clause of the Recorded Exemption Procedure, Section 9-2 of the Weld County Subdivision Regulations. 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 division of agricultural land into smaller, less economic parcel sizes, and increasing the residential density on the property. The parcel contains only one set of improvements. This request would allow another residence to be built on the 8 acre parcel . Increased residential density results in greater demands on the services which residential development requires and, therefore, results in higher costs to the residents of the County in providing those services. 3. It is the opinion of the Department of Planning Services Staff that in the vicinity of the proposed recorded exemption, development has reached a level where the continued division of pracels would evade the intent of the Weld County Subdivision Regulations. The princi- pal purposes of the Subdivision Regulations of concern to the De- partment of Planning Services Staff are as follows: "A. To assist orderly, efficient and integrated development. B. To promote the health, safety, and general welfare of the residents. C. To ensure conformance of land subdivision plans with the public impno vement plans of the County and its various municipalities. E. To encourage well planned subdivisions by establishing adequate standards for design and improvements. P. To assure the planning for and provision of an adequate safe source of water and means of sewage disposal ." On August 15, 1973 the Board of County Commissioners approved a recorded exemption for Mr. and Mrs. Anderson dividing an 80 acre parcel into parcels of approximately 60 and 20 acres. If approved this request would allow the 60 acres to be divided into parcels of 8 acres and 52 acres. It is the opinion of the Department of Planning Services Staff that recorded exemptions should not become substitutes for the subdivision process. The Department of Planning Services Staff feels that if the area were to develop in this manner, inefficient and costly development will result. Board of County Commissioners June 17, 1980 Page 3 4. The minimum lot size in the Agricultural Zone District for irrigated parcels is 80 acres and for nonirrigated parcels is 160 acres. The intent is to maintain tracts which are large enough for farm purposes, and to assist in the encour- agement of agricultural uses as the highest and best use of the land. This request is in conflict with that intent. Respectfully, IC W. —Cra..Y.ler Vickie Traxler Assistant Zoning Administrator VT:rg 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. t,-(A ` \ O : �,I APPL. FEE (t5. 00 ZONING DISTRICT N RECEIPT NO. ( \-"( DATE 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: WzSW4,except E 330' Section 22 T 2 N, R 66 W thereof and N 132' thereof, TOTAL ACREAGE: 57 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No FEE OWNERS OF PROPERTY: Name : Adolph and Bettye B. Anderson Address: 150278 Weld County Rd. 18, Ft. Lupton, Colo. Phone : 857-2078 Name: Address : Phone: Name : Address : Phone: WATER SOURCE : Larger Parcel Well Smaller Parcel Well TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Ag. Smaller Parcel Ag. 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. COUNTY OF WELD STATE OF COLORADO) Signature : Owner or Authorized Agent Subscribed and sworn to before me this X97 day of 14,,,4/L , 19 Fe9 . SEAL No tar ar PudS l ' c My Commission expires: April 30, 1980 Weld County Planning Department 915 - 10th Greeley, Colorado 80631 Gentlemen: Mrs. Anderson and I are applying for a recorded exemption on approximately eight (8) acres as shown on attached plat. Be- cause of age and physical condition we are not able to farm this land beneficially and it is not of the production capa- bilities to make it worthwhile to have a renter farm it. The parcel borders County Road 18 on the south and is bordered on the north by the gas well and service roads and on the west by my corrals and yard area. We would appreciate your consideration in our request. Yours truly, Ati/v174.4/0-1-ei — Adolph Anderson 1( ., reamiarmatawareirria '1/4,2 RECORDED EXEMPTION No. 309-22-3-RE77 An Amendment to Recorded Exemption No . 1309-22-3-RE77 LEGAL DESCRIPTION : M The West one-half of the Southwest one-quarter of Section 22{ y Township 2 North, Range 66 West of the 6th Principal Meridian, Weld y ; County, Colorado, more particularly described as : Beginning at the Southwest corner said Section 22; thence NOO°00' 00"E on an assumed i bearing along the West line said Section 22 a distance of 2639.65 ri ,-i . ,-. feet to the West one-quarter corner said Section 22; thence ',i- v. v. _4-) N89°49' 25"E along the North line said West one-half Southwest one- t :Ir quarter a distance of 1320. 21 feet to the Northeast corner said a �' West one-half Southwest one-quarter; thence S00°04' 13"W along the '� o "' �-i East line said West one-half Southwest one-quarter a distance of i l 2637. 74 feet to the Southeast corner said West one-half Southwest o one-quarter; thence 589°44 ' 24"W along the South line said West one- r '- rye half Southwest one-quarter a distance of 1317. 59 feet to the point i, - i:, ' c-.. of beginning . • Contains 79.911 Acres more or less . C`'� e-1 tz LOCAT/ON MAP z / 2000' -__ — W. j'1 (or Sec. 22 NE. co,. /[f 2 S.IvY$ C) T. 2N.,RGC.N. Sec. 22. r2N.,Pac,N • ZO/pi/5 • /- -- ---- ---------- / /5�iQ pii. +-a ,I wt.id Co. Rd.eo N. G�9°49 c'5 /3298/ ;23 —7 ! 990.6/' .330.00' fI I jc^a ` 4 I DO 4M Sect iC)n gfa? `1 1 I Y 't:;., $ /,w 5P0 500 T eN,Rayt,if ' 3 N Q tk 5t,!.,„ :1' ti � 1 x rti Qr, } t , 1, �'� ,3,,,.. �'� _) �- K'C/d Co RS /8 e3 Y- b b t6 t c ZQ (Co%o.N.rr. 5P_ 2.S rr,i:) • ?7 d4 a iAZ; k,', a l4 `5 Cuff o 1-. f.� t, !AI vti o►. 1� C.3 •�.a ��° �� I, Adolph Anderson being the sole o� ,� h `' v a� '- owner in fee of the above described 0 , $ N '` c property do hereby divide the same o o a I o d s shown on t.he . attached map. o , '7-- :z/, ,CA of `� A o p Anderson 1.1 The foregoing certification was n acknowledged before me this /:--;-' day of '?t7r :.�; �,, A.D. , 197b. �'o,-,e of 89 ,grin ? 1 ' S.#41. Cod. src�2?, 9 My Commission Expires UU/ T2 { T2N ,RG(oW.. g44)4J ^fin 94759' �33OQo _� Witness My Hand S Seal it �� ' S. (5y° 24-1f! 13/7.,59` i / _ ,r '' ' r� ( ,{_ L.Weld County Rd. 18 S.E.Ce► Ii! S.IrXs/ Notary Public I hereby certify that this plot was afr o.. im4�� 340' X ioD` X LEGAL DESCRIP, JN L SL04 CASE NO. 1---w \ I/I ,Da ''''-al, 241 1 '7, 41(3 .65B g 51 13 e C- 'L \\7 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 5/ 73 _ __, ''e- - cb`:5- A- B 44 _121 _- _RZ- --- 4 55-8 4-7 _________2 1 e17_ 70 -e._, 3 �a Y M z 'SFr ,�'t �, '.'�, .` •� Yes a.'".e'0 a 3 .,:ii,:;.,,,,,,,-4,0.%-;;,,,Ha, -•y,:.1.41144-A, ' 1 pis �� . b y3 ., .a„ 'ill' , S'� t •.ass ,n, 414 :. �p k ow w 4 '� y, ms.s 'f .Y •.' ,f ''''' k.. ..,y.�. '5w, s r p _ Qe.. .» (v,wA ct.'W :a�3` riF 4 '�`r4tsS .,, c,%44 i. .Kar - 41-4'4, ,,....,.. ,„.. •,.,„,,,,, ....,., ,,,,„ ...,., .., .., ...„ lc= ••,4,,,, .'lf,4„. " ,, ." ,,,...1, ...•..•" •4.,, v... ,,,;.,. .,...,,,,,,,r,,. ,,, ,, . „4,,,....,t, „..,..4,,,,,.,„ „m„,„„.,. ,t, ,„, .i,.,...:D., ," ... „,....,..„.„„ ••.„„, ,. 4t• •• , ..:. •• •.rte... roc e. t. �, < 3 .,..„,...,,.:4.k, w , i• ti it 724'41101i . ,k • f j E} :FSIiu �"la j 'ij Y; It.: S ye x, s r � , , x. ',g,„•,,.,!..,..tp.A.t.,, 1.4:-::.-,t..,- ' ,- fi. b'.1{t '� 1 n.�,b i j r t yE YM it Y +9n',1„1 y'Y1 } �� County BOARD OF HEALTH We Health Department David Werking, DDS, Greeley 1516 HOSPITAL ROAD William Blick, Roggen Charles W. Juels, MD, MPH Fran Christensen, Eaton Director GREELEY, COLORADO 80631 A.M. Dominguez, Jr., JD, Greeley (303)3530540 Annette M. Lopez, Greeley Herschel Phelps, Jr. MD, Greeley O Kathleen Shaughnessy, PHN, Ault May 28, 1980 Arthur G. Watson, Platteville John M. Wheeler, Greeley TO: Vickie Traxler k FROM: John G. Hall SUBJECT: LSV - Ander on 1. Portions of the parcel may be underlain with shallow ground- water. 453P M AY 1980 ``F RECEIVED `a Willi County r Planning Commissles (0,/ FIELD CHECK FILING NUMBER: LSV-114 DATE OF INSPECTION: 6/2/80 NAME : Adolph & Betty Anderson REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt. W1/2 SW 4 Sec. 22, T2N, R66W LAND USE: N Agricultural E 31 Water Disposal S Agricultural W Agricultural ZONING: N Agricultural LOCATION: Northeast corner of the E Agricultural intersection of County Roads 18 and S Agricultural 31 W Agricultural COMMENTS: Southeast corner of property appears to be low spot on property. There appears to be a pole barn, shed and corrals located on 8 acres to be split. Residence, garage and other improvements located in southwest corner of property. County Roads 18 and 31 are gravel surfaced. County Road 31 is closed at the intersection. Accesses are existing. Balance of property north of improvements is in wheat. BY: et* 804-79-011 REFERRAL LI S'_' • A_ _ JAI CANT Ad41ph and Betty Anderson1-4 CASE # LSV-114:80:11 T May REFERRALS SENT OUT OIL: 22, 1980 u Z REFERRALS TO BE RECEIVED BY: June 6, 1980 U C t=a [=] 1-4 w ' 4 a cr ►-, ca O U REFERRALS RECEIVED GzaDdranorktAxxxnem mojA .1.4110.4kal2 1. County Health X 'IA* U, � te 2. County Engineer `"b 1`CVSO 3. Rose Bowles Fort Lupton Planning Commission 1040 Hoover Avenue Fort Lupton, Colorado 80621 -SV. S ` ,cttro 4. State Engineer Division of Water Resources Department of Natural Resources 1313 Sherman Street Room 818 Denver, Colorado 80203 Hello