HomeMy WebLinkAbout800478.tiff RESOLUTION
RE: DENIAL OF LOT SIZE VARIANCE NO. 105 - CHADWICK CHASE.
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 hearing held on the 5th day of March, 1980, in the
Chambers of the Board of County Commissioners of Weld County,
Colorado that a certain parcel of land is owned by Chadwick Chase,
which land is more particularly described as follows, to-wit:
The Southeast Quarter Southeast Quarter,
Section 27, Township 1 North, Range 66
West of the 6th P.M. , Weld County, Colorado
WHEREAS, Chadwick Chase desires to obtain a variance from
the minimum lot size requirement so that he may make application
for a recorded exemption, as set forth in Section 2-4.A. (6) of
the Subdivision Regulations, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, based upon the recommendations of the Department of
Planning Services, 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 Chadwick Chase for the
abovedescribed parcel of land.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
March, A.D. , 1980.
'�, .y �,y BOARD OF COUNTY COMMISSIONERS
ATTEST: ii,' '�`f „L "i a*rty WELD COUNTY, CQLORADO
Weld County Clerk and Recorder _ /: / t /.� (Aye)
and ._Clerk to the Boar C. I . it y, Ch irman
B : -1,t�/ i� ,' j ( �.'Z� -a-._,..,,( • ,_) �7) (Aye)
%Deputy County erk Leonard L. Roe, Pro-Tem
APP1O D AS TO FORM: :40 (No)
C------V Norman Carlson
County Attorney _ _ (Aye)
L Dun ar .�
6"77,W2/ ,( A—Ye)
DATE PRESENTED: MARCH 10, 1980 e K. Stei mark
800478
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
Wilk
COLORADO
March 5, 1980
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
RE: Lot Size Variance #105
Dear Commissioners :
The attached letter and related materials are in reference to a
request for a lot size variance from Mr. Chadwick Chase. The property
on which this request has been made is described as the SE% SE%,
Section 27, T1N, R66W of the 6th p.m„ Weld County, Colorado. This
property is located 1% miles west of Lochbuie, north side of County
Road 4.
The property under consideration contains approximately 40 acres of
Class VI non-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 he may make application for
a recorded exemption.
Mr. Chase wishes to divide the property into two twenty acre parcels.
He has indicated he would like to build a house on the east half and
deed the west half to his son which has an existing residence located
on it.
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 Compre-
hensive Plan because it would promote non-agricultural use of
agricultural land and it would encourage urban encroachment on
rural land use. The Plan urges residential development to be
Board of County Commissioners
Page 2
March 5, 1980
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.
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. This request would not be encouraging agri-
cultural uses as the highest and best uses, it would not be pro-
viding 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 east
20 acres. Furthermore, the request would place a greater demand
on the services which residential uses require.
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 soil type and size of parcel. The nature of the
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 development will
result.
4. The minimum lot size in the Agricultural 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
violation of that intent.
Respectfully,
6VAOC‘P.aikitio,
Chuck Cunliffe
Assistant Zoning Administrator
CC: sap
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. `f\) APPL. FEE 1tSoQ
ZONING DISTRICT eet,1/4O , RECEIPT NO. leAlb
DATE AN 4 1280 APPL. CHECKED BY 6►e
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: ,sr �� St. /y Section 1 T ( N, R 6,6 W
TOTAL ACREAGE: '710
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No (7"—
FEE OWNERS OF PROPERTY:
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Name : c w �z �t �r c�.,s,c�- �� t
C.its r. '
Address: ? x 7 y r rS 1 6-1,‘ e c> � Phone :
Name:
Address : Phone :
Name :
Address: Phone:
WATER SOURCE: Larger Parcel (A).// :qc ,., .f Smaller Parcel
TYPE OF SEWER: Larder Parcel 5- ,h≥ Smaller Parcel 5 e,.‘z_
PROPOSED USE: LaTger Parcel ('.:,,t , ; e Smaller Parcel Kr,,,/,,e :
EXISTING DWELLINGS : (Yes or No) no (Yes or No) r/1.)
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 ) C CI:
STATE OF COLORADO)
(—Signature: Owner or Authorized Agent
Subscribed and sworn to before me this '$ day of , 19U .
SEAL
Notary Pub ' c
l \ \c\\
My Commission expes :
46
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Weld County Planning and Zoning Department
Dear Sirs,
Present Situation
Attached please find a rough plot plan of a piece of property
which I presently own on Weld County Road #4 (Legal Description -.
Weld Co SE 1/4, SE 1/4 Section 27 Township 1N Range 66W - 6 PM) .
Presently there are forty plus acres in this parcel of land and
my home is situated on the SW corner of the parcel .
Proposed Situation
I am requesting that I divide this parcel of land in half (as
depicted on the attached plot plan) to form Parcels A and B, each
consisting of approximately 20 plus acres. � I intend to build a
house on parcel B and deed the parcel of land to my son for his
residentce.
Action taken to date
On December 31 , 1979, I visited with Robert Adams, Zoning Inspector
with the Weld County Office in order to determine the procedure I
would have to follow in order to carry out my above proposal . He
indicated I should contact the State Water Resource Division in
order to determine if I would be permitted to drill a well on
parcel B.
On January 2, 1980, I met with Mr. Wadell (Water Resource Consul-
tant) , Mr. Clark (Water Resource Engineer) , and Bruce D. Brine
(Senior State Water Resource Engineer) of the State Water Resource
Department - I explained my proposal to them. They indicated that
a well would be authorized for parcel B as proposed.
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REFERRAL LIST
APPLICANT Chad Chase
CASE # LSV-105: 80:2
REFERRALS SENT OUT ON: January 8, 1980
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z U REFERRALS TO BE RECEIVED BY: January 18, 1980
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vi c REFERRALS RECEIVED
CIAIRA,XxalciKSIRINK
JAN 15 MO County Health
County Engineer
Lochbuie Planning Commission
c/o Gordon McLain
)e ;AN 11 G° Rt . 4-100
Brighton, CO 80601
State Engineer
314 18 *:1' Division of Water Resources
Department of Natural Resources
1313. Sherman Room 818
Denver, CO 80203
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LE GAL DESCRIF 'ON 4S 4 'i-/-66,
CASE NO. L5V iôc
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
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FIELD CHECK
FILING NUMBER: LSV-105 DATE OF INSPECTION: 1/31/80
NAME: Chad Chase
REQUEST: Lot size variance
LEGAL DESCRIPTION: SE*SE* Sec. 27, T1N, R66W
LAND USE: N Agricultural •
Meat packing plant
w Agricultural
ZONING: N Agricultural
LOCATION: 1 1/2 miles west of E
Locbuie city limits S Industrial
W Agricultural
COMMENTS:
Property presently has one residence and pole barn located on the
west side of the property. Access is existing from county road 4.
Property is dryland with slightly rolling contours. County road
4 is gravel surfaced. Appears underground pipeline runs under the
property in north/south direction. Property has "for sale" sign
located on it . Listing agent from Denver indicated that the 40
acre parcel is for sale.
r
BY: USla/e.A4 .
4 OFFICE OF BOARD OF COUNTY COMMISSIONERS
"' •i. It
PHONE: 13031 356-4000 EXT. 200
P.O. BOX 758
V .:~ IIDC GREELEY COLORADO 80631
COLORADO April 18 , 1980
Dr. Chad C. Chase
Box 74
Brighton, Colorado 80601
Dear Dr. Chase :
This letter is in response to your letter of April 10 , 1980 to
the Board of County Commissioners requesting a reconsideration
of your request for a lot size variance. Upon advice of the
Weld County Attorney, the Board, on April 2 , 1979, passed a
resolution whereby the Board would reconsider a land use deci-
sion such as yours only if one or more of the following condi-
tions existed:
1. A substantial change in the facts or circumstances
subsequent to the first hearing.
2. Newly discovered evidence not available to the
applicant at the time of the first hearing.
The County Attorney further advised the Board that according to
law, a request for rehearing must be received by the Board prior
to 30 days after the original decision of the Board. The ori-
ginal decision of the Board denying your request for a lot size
variance was made on March 5, 1980. Your request for reconsi-
deration was received on April 14 , 1980, more than 30 days after
the original decision.
Also, you have indicated no change in facts or circumstances
that would justify a new hearing, nor have you indicated any
newly discovered evidence that was not available to you at the
first hearing, which would be relevant to a rehearing. In
regard to the property east of your property on Road 4 , this
property was approved for a lot size variance in 1978 because
it was adjacent to a subdivision of 4 to 5 acre lots and only
one-half mile from the Town of Lochbuie, thereby making the
approved lot size variance compatible with the surrounding area,
among other considerations.
•
Dr. Chad C. Chase
Page 2
April 18, 1980
On the contrary, your request for a lot size variance, if granted,
would not be compatible with the surrounding land uses and would
have encouraged uses other than agriculturally related, and con-
trary to the policies and intent of the Weld County Comprehensive
Plan and the Zoning Resolution.
Therefore, the Board feels it has no alternative, but to deny your
request for reconsideration. If you have any further questions,
please contact our office. Thank you.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By : //x'^, ,
C. W. Kirby, Chairman
CWK:ss
. r.
April 10, 1980
Board of County Commissioners
Weld County
Box 758
Greeley, Colorado 80632
Dear Commissioners,
I am in receipt of your attached Resolution denying my appli-
cation for a lot size variance. Needless to say, following
my appearance before the Commission and then your subsequent
denial of my request, I was disappointed for I felt "good
cause" was shown for having the lot size variance approved.
I am writing this letter to inform you of some information
which has surfaced since your action and which I assume you
are not aware of.
On Rd 4, a short distance east of my property, just over one
year ago an individual applied for and had approved a lot size
variance. It is my understanding that he has 40 acres and
divided it into a 35 acre and a 5 acre parcel .
My concern is that some sort of discriminatory action has been
exercised on the part of the Commission and/or they have simply
been misinformed. If the Commission wishes that I provide
names and locations of the example referred to I would be happy
to do so, but I am sure you have the records at hand in addition
to access to them.
In light of this information I would appreciate it if the County
Commissioners would reconsider my request for a lot size variance.
I look forward to your attention to this matter which has now
dragged on for some months with the expenditure on my part of
considerable time.
Sincerely,
Dr. Chad C. Chase �oh
Box 74 �\
Brighton, CO 80601 �ppNr c `Z1 `\ A
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