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Home My WebLink About810477.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 126 : 81: 4 - RAY AND DARLENE BOFFEY. 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 Ray and Dar- lene Boffey, which land is more particularly described as fol- lows: Part of the Northwest Quarter and part of the West Half of Section 9 , Township 1 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 said applicants may make application to the Board of County Commis- sioners 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 applicant has 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 Ray and Darlene Boffey for the above described parcel of land. 810477 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. "�LCAr BOARD OF COUNTY COMMISSIONERS ATTEST: ry" ` r ;'°' WE COUNTY, COLORADO fl Weld County Clerk and Recorder Pi _ Aye) and—€ erk to the Boar uck uck Carls n, Chairman By:_,,e "" z /l ,, `�d� )294 . c dai.. a.,_ (AYe) Deputy courfty Clerk Norman Carlson, Pro-Tern AP VED AS TO FORM: tTh F � C22fj (Aye) j C. W. Kirby � ABSENT DATE SIGNED (Aye) County Attorney Jon T. Martin /ne K. 8teinmark DATE PRESENTED: APRIL 13, 1981 DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. April 8, 1981 COLORADO Board of County Commissioners Weld County, Colorado 915 IOth Street Greeley, Colorado 80631 Re: Lot Size Variance #126:81 :4 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance from Ray and Darlene Boffey. The property on which this request has been made is described as part of the NW,'-�, and part of the W4, Section 9, TIN, R68W of the 6th P.M. , Weld County, Colorado. This property is located II miles east and 3/4 mile north of Erie. The property under consideration contains approximately 20.252 acres of class III and IV 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 applica- tion for a recorded exemption. Mr. and Mrs. Boffey wish to divide the property into two 10.2 acre tracts in order that they may sell on 10.2 acre tract as a residential building site. Given the information submitted, the characteristics of the surrounding area, and the adopted policies in the County, the Department of Planning Services staff was unable to arrive at a recommendation with regard to this lot size variance request. The Department of Planning Services staff presents the following informa- tion to the Board for their consideration: I . The town of Erie Planning Commission has no objections to this request for a lot size variance. The parcel is Ii miles east and 3/4 mile north of Erie. 2. The property is surrounded by existing residential development. Scott's Acres is located w mile to the north and east of this property. Parkland Estates is located in the entire north half of Section 8, immediately west across the road from this parcel . To the south and north in Section 9 numerous small parcels exist. These have been primarily subdivided prior to 1972. In the vicinity of this property three (3) recorded exemptions have been approved, and one lot size variance has been denied. Board of County Commissioners April 8, 1981 Page 2 3. The intent of the Agricultural Zone District (Section 3.3. A. ) of the Weld County Zoning Resolution is outlined below: "Intent - the intent in establishing the "A" Agricultural Zone District is to allow all agricultural related uses in those areas in which agriculture is and should continue to be the predominant land use. This district is intended to discourage encroachment of incompatible uses upon the agricultural land in the district, to encourage agricultural uses as the highest and best use of the land in the district as compared with other uses in conflict therewith, and to provide for the orderly expansion of urban growth in con- formance with the Weld County Comprehensive Plan. (Rev. 12/29/76)" The development of this parcel may not provide for the orderly expansion of urban growth in that the Department of Planning Services staff feels that the recorded exemption process should not be used as a substitute for complete subdivision of a parcel . However, the subject parcel has essentially been subdivided by the access road bisecting the property into two (2) equal pieces. Additionally, the subject area has had much land division in the past. Respectfully, toti 13 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. IS\1 t b'.a('• a APPL. FEE &S.po ZONING DISTRICT 'An.r c,„\3u.cc RECEIPT NO. 1,110'1`1 DATE 3-�j-�1 J APPL. CHECKED BY `IF13 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: Section 9 T 1 N , R 68 W (see schedule A attached hereto and incorporated herein for a more complete legal description of the two tracts. Tract A has 10. 124 acres and Tract E 10. 128 acres. TOTAL ACREAGE : 20. 252 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No XX FEE OWNERS OF PROPERTY: Name : Ray D. Boffey and Darlene R. Boffey (Tract E) Phone : 4510 WCR 5, Erie, Colorado 80516 666-9166 Name: Ray D. Boffey (Tract A) Phone : 666-9166 Address : 4510 WCR 5, Erie, Colorado 80516 Name : Phone: Address : TRACT E TRACT A WATER SOURCE: Larger Parcel well Smaller Parcel well TYPE OF SEWER: Larger Parcel septic Smaller Parcel septic PROPOSED USE: Larger Parcel residential Smaller Parcel residential 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: ne/'or Authorized Agent � � p , 19 , Subscribed and sworn to before me this-:G%7 =x day of SEAL CM M Notary Public My Commission exxires : LAW OFFICE HARLAN G. STIENTJES. P. C. FIRST NATIONAL BANK BUILDING SUITE 20I G RE LEY.COLORADO 80631 AREA CODE 303 353-9000 February 26 , 1981 Weld County Board of County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Application for Lot Size Variance of Ray D. Boffey and Darlene R. Boffey Dear Commissioners : Attached to this letter you will find the following documents : 1. Application for Lot Size Variance; 2. 1968 Survey and divisions of Tracts A through E; accomplished by Nelson, Haley, Patterson & Quirk; 3. Well permits for Tracts A and E. Tract E is presently fully developed with a residence and that well is operational. Tract A has a well permit pre- sently and as indicated is submitted to you with this transmittal letter: 4. Copies of the two deeds from Edna Phyllis Coburn to Ray D. Boffey and Darlene R. Boffey recorded March 6 , 1979 in Book 862 at Reception #1783636 and #1783637 on March 6, 1979 . (The title to Tract E has subsequently been conveyed to Darlene R. Boffey and Ray D. Boffey as the lender' s requirement on the loan on their residence presently existing on Tract E. ) ; 5. Application fee of $85. 00 made payable to the Weld County Planning Commission; By way of explanation, the Boffeys are requesting that the lot size variance be granted for two major reasons. First, the particular ground in question was broken up into tracts back in 1968 which was previous to the present laws concerning sub-divisions and minor sub-divisions. There presently exists residences on two of the three tracts. In fact, Tract C has four residences on it and Tract E, the other tract owned by Mr. and Mrs. Boffey, has one residence. x -z- The second major reason for the request is that Tract A and Tract E are physically divided by the easement granted to the owners of Tract B, D and C which runs down the middle of Tracts A and E. This presents a physical barrier that does not lend itself towards development of the whole property as one tract. In addition to those major reasons, your petitioners would also point out that no additional road accesses would be nece- ssary as the road access on WCR 5 would be through the present access. Additional road services would not be necessary from Weld County as it is a private easement running down the middle of these various tracts. This easement down the middle of the various tracts is presently twelve feet (12 ' ) wide. Tract E has road frontage of 423 . 35 feet and Tract A has the same amount of road frontage. A copy of the title insurance commitment originally given to the Boffeys is presented for purposes of identifying any other easements or right of ways on the property. A similiar matter can before the Board of County Commissioners in 1977 when Ruth M. White and Betty Jo Hadley made a similiar request on Tract C. At that time, the Department of Planning Services recognized that the ground in question was non-irrigated land with Class III and IV non-irrigated soils. At the time the property in question was divided, it met the applicable zoning resolutions of Weld County. At the present time neither the entire parcel of land in question nor the Tracts A and E would individually need the lot size requirements established by the Weld County Zoning Resolution. The County has previously acknowledged that the land in question or at least the adjacent land is non-productive agri- cultural land and the surrounding land is utilized for residential purposes, therefore, the proposed uses would be compatible with land uses in the surrounding area. The 10. 124 acre parcel to be split, although it is already separated and split from Parcel E, has very low utility for agricultural use due to the small acreage involved and the poor soils underlying the property. All necessary utilities presently exist on the proposed 10 .124 acre parcel. We would not anticipate that the Erie Planning Commission or any division of the Weld County government would object to the proposal for any valid reason. It is very difficult to state that a lot size variance is needed. It seems that the subject property was divided prior to the existence of the present regulations and the simple ac- knowledgement of this fact by the Weld County Board of County Commissioners together with instructions to the building depart- ment to issue an appropriate building permit would resolve the problem and controversy. If required, the Boffeys would, after approval of the lot size variance, proceed with their application for a recorded exemption to divide the property as herein pro- vided but would prefer to save this expense and complexity. -3- Please advise when this matter is set for hearing before the Board of County Commissioners. Your truly, \.. Harlan C. Stientjes HCS/smkb Encl (s) LE GAL DESCRIP' IONg J CASE NO. Z V- /(G, \) ,8// 4} 65 5 ' 42 „9yy✓JJ 1 t1/4.0.424 ik 67 4. . A1. wry `rte. 4'307.it • _ 67 \ . 67 Irv` J` 40 . S . ! . r nrr 61 ('63 .ci 82 40 66 // ..— SOIL CLASSIFICATION OLD N0. NEW NO. 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F ; 4ry` /4 ?, ' 1 /^ ""!& Nb'.,.p"gS�R, I ' � i.. } • . tf •R II {., [ c.9.J S4 �{ i w S x • . . t.. "V F¢ • •2IV �f IIKi • ':S.y xi x.. $C A - S :r a` .k '11-1,4i: k, ,�j/��+ it qj #.i '.lit sr• i t•`'•* b a;2 'tP.i.R `i.is'13.‘,..,'-.iP : yyy ... P J '41441 i. • * «ltd . VV •xa.. •,...s..4.".N r,i . '. Y x ew y. a? S °°It. ,;,,,..:t...a E 4 G3 d� ..ai+, f�.,,,rr '+mn. -e'er".''- ++- .q.nv- <-7:f s" a b', $ 4.0. t . p ai' = d.i.. .:k xi... �k �'�' yD �3;t�+,• 4Y��Jt .. t d 't. " 9 ,y Y [[+t•�F t [.. pjk� ". s,. -}} L ^. #., li +?: *- iit x t - y4 *t{•Y 5 `J C irJ x l.. t. :ve x 4 l t x .. i qyt .. • ti "t BOARD OF HEALTH Weld County Health Department Fran Christensen, Eaton A . Dominguez,Jr.,JD,Greeley Robert Drennan, PhD.Greeley 1516 HOSPITAL. ROAD Annette M. Lopez.Greeley John P.Cullen, M.D. GREELEY, COLORADO 80631 Kathleen Shaughnessy. PHN,Ault Acting Medical Director (303) 353-0540 Lois e S FNP, Lupton Arthur G-Watson, Platteville March 19, 1981 David Working, DDS, Greeley John M.Wheeler,Greeley TO: Vickie Traxler FROM: Ronald K. Stow /57tl SUBJECT: Ray and Darlene Boffey - Lot Size Variance Any future septic system on tract A would require an Individual Sewage Disposal System Permit from this office in conjunction with on-site soil percolation data. • \ E U V ct- IA u "‘ sF tU' p. REFERRAL LI S"_' VD p APPLICANT Ray and Darlene Boffey H CASE # LSV-126:81:4 REFERRALS SENT OUT ON: March 12, 1981 O b REFERRALS TO BE RECEIVED BY: March 26, 1981 H Ci CC 0Z i (a H P+ I a+ H t] i jc REFERRALS RECEIVED COOXIMODUXICOMedipc County Health - ab- % County Engineer . Glennie Sleight - March 19, 1981 Town of Erie, P.C. 449-3085 or 828-3843 P.O. Box 98 Erie, Colorado 80516 71 3- a.`i 1 State Engineer Division of Water Resources 1313 Sherman Street Room 8,18 Denver, Colorado 80203 I , - i /. v '9.6 W.9/ 0 s�a/,a�r C',� t fze"e5 , nr—.5 1 i � ; % \t' , H ; � % • r ti ti k\I � � N e MN ,\16 Q Q oN N .Q N � C � k ,,.: � k v a R � \ ki. o yy/6/,Z/,00/Y i �� S/,Z/.OON o /0%91 , 066L," N M NI k a Va N1 k i\ k % N v N rzy ki m � � R • % m Q � \ & % � k oc o' L � t iN \ \_/ . . _ ____ _\_ ____ _ _ __t_n-z.fr__ __ ______\_„:. .:,_gz - 7-e--.-.::2-/ 1 .____1\ ________ w\ kt It'&' p. _` 'ajy/ ,\M`I' 0A1 ` ' Al ., '` FIELD CHECK FILING NUMBER: LSV 126 DATE OF INSPECTION: 3-27-24 N A}SE: Ray and Darlene Boffev REQUEST: LEGAL DESCRIPTION: LAND USE: 21 Agriculture and Tracts E Tracts S Agriculture and tracts jq southwest- Agriculture, northwest -Parkland Estates ZONI1 G: N Agriculture LOCATION: 1 1/4 411a1es east a-rd 3/4 miles north of Erie S " 4510 W.C.R. 5 W COMMENTS: Residence on Tr • North, east, and south of the subject area are various sized tracts. The area adjacent is primarily non-irrigated. Northwest of the site is Parkland Estates subdivision. • f; r BY: .'1.6 AIL,. Hello