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HomeMy WebLinkAbout800479.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 108 - MR. AND MRS. ERNEST LEWIS 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 19th day of March, 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. Ernest Lewis, which land is more particularly described as follows : That portion of the North West Quarter of Section 20, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, described as follows , beginning at the Southwest corner of said Northwest Quarter of Section 20 , thence South 89°57 ' East along the South line of said Northwest Quarter of said Section 20 a distance of 2653. 3 feet, thence North 00°38 ' East 996. 6 feet along the East line of said Northwest Quarter, thence around the Mulvaney lateral by the following courses , West at a right angle to the East line of the Northwest Quarter of Section 20 a distance of 170. 0 feet, thence North 7 °17 ' East 334 . 0 feet to the North line of the South Half of the Northwest Quarter of Section 20, thence North 89°58 ' West 1192. 0 feet along the North line of the South Half of said Northwest Quarter of Section 20 to the West line of the Northwest Quarter of said Section 20, thence South 00°55 ' West along the West line of Section 20 a distance of 1329. 0 feet more or less to the point of beginning, 79. 9 acres more or less . 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 applicants have shown good cause for 800479 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 . Ernest Lewis 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 19th day of March, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /t, J ./� C yy (Aye) C. W. Kirby, Chairman �r4L 0� (2t€ (Aye) Leonard L. Roe, //alOas (Aye) Norman Carlson � (AYe) Dunbar y 7� cx--V a� 0J��(No) ATTEST: 1/41)1,-,"4cr ���`� �' �,w6`� � e K. Steinmark Weld County Clerk and Recorder and Clerk to the Board By: Deputy CountyClerk APIOVE,VAS TO FORM: County Attorney DATE PRESENTED: MARCH 24 , 1980 DEPARTMENT OF PLANNING SERVICES PHONE 13031 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI C. COLORADO March 19, 1980 . \\\\ 11(` v eL Board of County Commissioners G Y _ Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Lot Size Variance 108 : 80 : 5 Dear Commissioners : The attached letter and related materials are in reference to a request for a lot size variance from Mr. and Mrs. Ernest Lewis . The property on which this request has been made is described as Pt. NW4, Section 20, T3N, R68W of the 6th p.m„ Weld County, Colorado. This property is located 12 miles north of Union Reservoir and 11 miles southwest of Mead. The property under consideration contains approximately 78 acres of Class II and III 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. Mr. and Mrs. Lewis wish to keep the smaller 10 acre parcel for retirement purposes and sell the remainder of the property. 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 request is not in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states : "The intent in establishing the recorded exemption procedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby non-productive agricultural lands may Board of County Commissioners LSV-108 : 80 :5 Page 2 March 19, 1980 be developed for higher and more productive uses insofar as such uses are compatible with surrounding agricultural uses in areas where such land divisions are proposed. (Revised 4-17-74) . " The proposed request does not comply with the Weld County Comprehensive Plan because it would promote non-agricultural use of agricultural land and it would encourage residential encroachment on rural agri- cultural land use. The Plan urges residential development to be closely connected to and served by municipal utilities. Within a reasonable service area from their corporate limits, towns and municipalities can provide better services at a lower cost to residential development. Additionally, residential land uses in rural areas may generate conflicts wihch may prohibit efficient agri- cultural operations. 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 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 approval of this request would allow another residence to be built on the larger parcel. While the addition of one residence does not in itself create an urban encroachment, the cumulative effect of recorded exemptions in the surrounding area may have future negative impacts on the agricultural economy. Increased residential density results in greater demands on the services which residential development requires and therefore higher costs of those services to the residents of the County. 3. 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 conflict with that intent. Respectfully submitted, l0L c Vickie Traxler Assistant Zoning Administrator VT: sap 4 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. LS�\ I CA APPL. FEE '1h, p 0 ZONING DISTRICT kAc t ci,.Q-hs.,cnt RECEIPT NO. 1 ( 0,1 - DATE 1 '- ac %Q (. APPL. CHECKED BY vT 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: Northwest 1 /4 Section 20 T 3 N, R 681V • TOTAL ACREAGE : 7 :7. 7 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No )( 2E OWNERS OF PROPERTY: F Name : Ernest H. & Corrine A . Lewis Phone : Address: 14504 Weld County toad 13 776-7638 D Name: Longmont , Colorado scrsul Phone: Address : Name : Address: Phone: WATER SOURCE: Larger Parcel Smaller Parcel Longs Peak Longs Peak TYPE OF SEWER: Larger Parcel none Smaller Parcel Septic System PROPOSED USE: Larger Parcel re sale Smaller Parcel Home for present owners EXISTING DWELLINGS : (Yes or No) No (Yes or No) Yes 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) —<t r c .'' - IZ tt�t J Sig ature : Owner r Authorized Agent Subscribed and sworn to before me this day-of,- ✓uca1Ly , 19 Ce . SEAL y -Jr- Notary Pub3 ' c \. .ff. P� n y JAN 1SE0 ..isv kiin,s4uti E.:;,i;sssoratsij,1381 RECEIVED My Commission expires: Weld County ' Planning Commission cy t�. x li!` ' r. January 3 , 1980 Weld County Zoning Board 915 10th St . Greeley, Colorado 80631 Dear Board Members , This is to confirm our request to divide our farm as we dis- cussed with Ms . Carter during our visit to your office this week . We bought and moved on this farm in March of 1967 . We have remodeled the house , built large barn , sheds and lots of fencing ; and customed the farm in general to accommodate our business of breeding Arabian Horses . We plan to continue the breeding program, but on a much smaller scale . Some of the reasons we are requesting this division so that we can continue to live in our home are ; 1 . We have reached retirement age and Mr . Lewis is no longer able to farm . 2 . We need to sell the surplus farm acreage to have a comfortable retirement, and enjoy a few carefree years as a reward for many years of hard work . 3 . Our son lives next door and as we grow older it would be very advantageous to have family so near . 4 . Shopping , hospital , doctors , and church are all convenient . 5 . We enjoy this neighborhood and the friends we have made here . 6 . Our farm is well known as an Arabian Breeding Farm and is very accessible to I-25 , easy for out of town and state clients to visit . Our farm consists of 77 . 9 acres , tie plot where the house and buildings are would be approximately 10 acres , which is the part we want to retain . We are enclosing a sketch of the farm, with area we wish to retain shaded . We trust that you will give us a favorable recommendation for this request. We are thanking you in advance for your consideration . Yours very truly, t2. 2-fr 2v `7.,C'c.<xc_� z�-rte✓ Ernest & Corrine Lew / 1 X9.2-11C — —) CI fq II a h W e Al � ,f h�et Il ---1a o111 z of g , '( I • .-,'k: 1%.4..„ i \ I; I 44. Q A gi 1 , 4 J I o J I V o q `l 11/4 I'J �Z aC#VSS3,v17 .1s1M0 '6Tt/ M .ss ,oa5 • __ __ — — • LONGS PEAK WATER ASSOCIATION Inc. P.O. BOX 714-LONGMONT, COLORADO 80501 February 8, 1980 Mr. Ernest H. Lewis Route #1, Box 219 Longmont, CO 80501 Dear Mr. Lewis: Your request for a tap for a 70-acre parcel located in the Southwest Quarter of the Northwest Quarter of Section 20, T. 3N., R. 68 W. 6th P.M., Weld County has been received. As you are aware, Longs Peak Water Association is not prepared at this time to make any commitments for future water service. The present water storage and filtration capacity of the system is fully utilized and plans for expansion are currently underway. The Board. of Directors acknowledges that your property is within the general area presently being serviced by the Association and the Board, indicated that when resources of the system become adequate in the future, they would certainly give most serious consideration at that time to your request within the established rules and regulations of the Association. Sincerely, Vernon Peppler Vice-President L�3Nos 1611 iii'/d• am 0: Q; cE j O 49 WOK tar g That portion of the North West 1 6th. P.M. , Weld County, Colorado,describedias fon ollows, N• f R.68 beginning at hthe e South West cornercDr said North West 1/k• of Sec. 20, thence 3.89 the the South line of said North West 1/1+ of said sec. 20adistance of 2653.3ng feet, thence N.00o38tE.996. 6 feet along the East line of said North West 1/4+ thence around the Mulvaney lateral by the following courses , West at a right angle to the East line of the North West 1/4 of Sec. 20 a distance of 170.0 feet, thence N.7 17'E. 331+.0 feet to the North line of the South 1/2 of the North West 1/4 of Sec.20, thence N.89 58 'w. //92.'(2. feet along the North line of the South 1/2 of said North West 1A* of Sec. 20 to the West line oof the Sec. 20North aWest distanceoof said 1329S0efeet'morenor less oto'thealong the West line 79.9 acres more or lesspoint of beginning A wsai `)?/ate-G- / 967 d/oRTtt Live Sec. 2oZ Wesr 26 ro '2 ' C°unry l--. 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J vc. z' t /7 D /l izzG Ye- x7I0 82 x 40r- 41 M8 42 e_ 1 pFIELD CHECK FILING NUMBER: L S' los t o.. S DATE OF INSPECTION: FIB 25 4:I NAME: E Y rve3\. s rS REQUEST: LOV S\tc. Vowt.,L. ., , LEGAL DESCRIPTION: pl _ %jw 4 St` to '• is ,tteSw LAND USE: N i/\CV.\La E /V{ ' S .',, AA W It l ZONING: N v%,faK`Lis LOCATION: \Vt.. y,^%1e-S herb j E ' NM ..t ,,vOlr S • 1 COMMENTS : S \ `w.ev�+s OtY2 0... \S X O ca.t�. ,.,..,:L #�4...- S X11 o rex v }"0$.. � V H - *fettles 942_../3 1/4..u. Q�..‘L 'Is \'AMQ. , . H a✓ a 't- L a✓ 1 Z Dec ANcel 3 how Sw.wAl2 Virkfirs ot.6:0C1-1 G...,. 3 At> mil. Nv1/4) r ,,,k\ xn.;„.," Se CAN \-o L ...,., - S.Q.►rrn-,.Q1 C ter a/2. S,�bw:. � \0 ‘c-- ,�,�•... .., BY: O•CZetatii91 REFERRAL LIST cn o APPLICANT Mr. and Mrs. Ernest Lewis CASE # LSV-108 : 80: 5 P REFERRALS SENT OUT ON: February 22, 1980 U REFERRALS TO BE RECEIVED BY: March 12 , 1980 c W W m o o e W H v, 0 H [:a U Qi w REFERRALS RECEIVED GImaXYXSXSx3FX ltlr4;{ 7 f; 6i0 County Health X MAR ll 1980 County Engineer ` AP 1980 Longmont Dept . of Planning Services Civic Center Dongmont , Colorado 80501 MAR 1 U 1980 Virginia M. Frei Mead Planning Commission Box 217 Mead, Colorado 80542 Hello