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Home My WebLink About800490.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 120 : 80 : 17 - WILLARD AND MARY OPAL TROSTEL. 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 17th day of December, 1980 , in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain tract of land is owned by Willard and Mary Opal Trostel, which land is more particularly described as follows: Part of the Southeast Quarter of Section 35, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, the owners of said tract of land desires 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) of the Weld County Subdivision Regulations, and WHEREAS, the Board of County Commissioners of Weld County, Colorado feels that the applicants have 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 Willard and Mary Opal Trostel for the above described parcel of land. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of December, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS ATTEST: ` r2r, ( -�3e fl l'''' WELD COUNTY COLORADO W d County Clerk d Recorder /!� Lei/ (Aye) and Jerk to the , and C. W. Kirby,/Chairman BY: ABSENT DATE SIGNED (Aye) / 7ou4lerk6 Leonard L. Roe, Pro-Tem PP OV AS TO ORM: ` 2#-,.-,. .- _ (Aye) Norman Carlson 6k_ O County Attorney _(Aye) L Dunbar %�?fit mark 800490 Juke K. Ste nmark DATE PRESENTED: DECEMBER 22 , 198O 7 R R 5-Li DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEV,COLORADO 80631 11111k December 17, 1980 COLORADO Board of County Commissioners Weld County, Colorado 915 IOth Street Greeley, Colorado 80631 Re: Lot Size Variance #120:80: 17 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance from Willard and Mary Opal Trostel . The property on which this request has been made is described as part of the SE,'-�, Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado. This property is located 4 miles east of Erie Air Park on Baseline Road. The property under consideration contains approximately 56 acres of irrigated soils. The request is to obtain a variance from the minimum lot size re- quirement, Section 9-4. A. (6) of the Weld County Subdivision Regulations, so that the Trostels may make application for a recorded exemption. Mr. and Mrs. Trostel wish to retire, sell their present home and 35 acres and retain the 21 acres to build a new home. The new home would replace an existing mobile home on the property which is now being used as a farm labor mobile home. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends this request be denied for the following reasons: I . It is the opinion of the Department of Planning Services Staff that the proposal is not consistent with the intent clause of the recorded exemption procedure. Said clause states: "The intent in establishing the Recorded Exemption Pro- cedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby nonproductive agricultural lands may be developed for higher and more productive uses insofar as such uses are compatible with surrounding agri- cultural uses in areas where such land divisions are proposed." 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 reasonable service area from the town. The Plan further indicates subdivision of land should conform to Weld County land development goals and policies. Board of County Commissioners December 17, 1980 Page 2 2. It is the opinion of the staff that the proposal is not consistent with the intent clause of the "A" Agricultural Zone District which states: "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 a district, to encourage agricultural uses as the highest and best use of the land in the dis- trict as compared with other uses in conflict therewith, and to provide for the orderly expansion of urban growth in conformance with the Weld County Comprehensive Plan." The parcel is not prime agricultural land because of past divi- sions of land creating rural residential tracts. The nature of the request is not, however, providing for the orderly expansion of urban growth. Also, there is a great potential for resubdivi- sion of the two parcels due to the small size of the proposed parcels for agricultural purposes. 3. It is the opinion of the Department of Planning Services Staff that in the vicinity of the proposed lot size variance, develop- ment has reached a level where the continued division of parcels would evade the intent of the Weld County Subdivision Regulations. The applicants applied for and received a recorded exemption in 1974 to split off a two acre parcel . In 1979 a lot size variance was applied for and denied by the Board on the two acre parcel . Also, a one acre parcel was exempted previous to the adoption of the Weld County Subdivision Regulations. The principal purposes of the Subdivision Regulations of concern to the Department of Planning Services Staff are as follows: I . To assist orderly efficient and integrated development. 2. To promote the health, safety, and general welfare of the residents. 3. To ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. 4. To encourage well planned subdivision by establishing adequate standards for design and improvements. 5. To assure the planning for and provision of an adequate and safe source of water and means of sewage disposal . 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. l.SV LZ O:tcp: 1'7 APPL. FEE SS.o ZONING DISTRICT ,Q RECEIPT NO. //SOL DATE //-/,f-B o APPL. CHECKED BY (IT 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: . oJ- („ , &_ Section 3C T / N, R b$ W TOTAL ACREAGE : St ,. 5S2 Mare cr-L,® ss Has this property been divided from or had divided from it any other property since August 30, 1972? Yes , - No FEE OWNERS OF PROPERTY: Name : WI /ht.-4d, /k.op 2 I a 5 f' Cue,./ J 5/7/4- (ti / J .cd 2 By-,741,0,v, Ca lc Phone : 4/4—a_ ?T fn Name: Address : Phone: Name : Address: Phone: WATER SOURCE: Larger Parcelmbvte_L"Lima,0 Smaller Parcel sG .-v.—e_ TYPE OF SEWER: Larger Parcel 5 p/-, L Smaller Parcel So..,, PROPOSED USE: Larger Parcel Smaller Parcel EXISTING DWELLINGS : (Yes or No) a Ps (Yes or No) L( ,,2_,s 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) ( r i )r--« t a-P . /7"--O511--e Signaburt Owner or Authorized Agent Subscribed and sworn to before me this ,% day of w,,_a s:v,h.n, , 19 RO SEAL (\ )haa..\\Q �oG Notary Publid Ay Commhion expires Feb. 13, 1281 My Commission expires: Brighton, Colorano November 1P•, 19P0 Tr The De^ rtr:. t of r1a•r.inf,; Sc"'.ri^r,r, My wife and I want to '?ivide our far:, into to percale. There ere 56 acres rn-•m"r less in our fsrm. 1 e hove c r'-tential buyer for 35 soros ?pith the rrirciral house rod sut ,or'.i1 g buil 1ngs. With th.; reraininp `1 ..cres Lich has en aecers ,ry ri-'ellir7 and .,,e ?.rulry l n on a sn rinRR to tie ;rina1rl rive us e rlcee lira. There rr:i11 ht>. r.-'. nTrmits nr chonoes fr_m t:_e urn of th se hort,s c s t',.ey ere use•`. t s resif en ces now o. +.: ., r..t..s-na I Fa:: mr,tin to divide are: 1. I -•c. - hula'. for 35 cr.es 4n1 moan -welling. Selling tha whole fare: is ^ifficult ss "'^st buyers o .cot In,ve 'r. n y to buy the nprcel. In m%?.it:g r divisi'- of th- fern I be?.ifve I am -ore r:ble tc' Bell. 2. As y^u can see by the ."€1 the ivision of the nrorerty is most suiteble divi1ery in t' is runner. ;reh -'ort,on t:lre;.y is its c-,!n c :+'ellirr., tenter and se-:tic s--st.. .s. here'• 're •• not ere:.tinc any :le"- r,. i: ..c s or elii-.l r.^t;im any ar-r4 �?.i'tuTe .z:.. ucs e 1 . s 3. . e ^urcrs•Fe • t: i� .'�r.r:., in .�,1 n . l:�v;, lire' �.�- r,,i na a Partly • f nine '._:il;`.r n on this fsru f!•, i Cr.n SE`.- ro y'u we have ha our urs n. !,orkir_g for Civil Service at Lowry Fiel:` in Denver, re:mir_7 an with the helr of ny wife and children,we have nrovi :d f:11 of -ur - it �'O• i i'e r„ti,,,, .t 111 t� _ -e'i„_ i•c ':1.h4 . T. ..tq -..i . . t ' e noire. . At t, ,, r ;i.. . 'r ..^ve onn boy who has just begun his studies this fall at C£'[J in Fort Co1'.ins in te 'i1.. . • ... rv3 . , e•=• 2 .. •., • ..-s1: ! r.r '1 ;1 _:r ''. '"`tr 1 in ,_jrr,a Coll .:?.'+'. :"; 11. ';"n .—i'l '-.N^ re.'tnv money tc ?ieln these children Frith their co1le,-e esnenres. 4. I w 'rked for Civil ::r for 23 veers u'Itil `.1""•'7 retired - veT,'s _c:' r•n 'ie=rt:n- isr-hility. My herring d^ctor, 'r. :: w;:rd r:c-bscn, rec:.mmrns thF:t I -.ot he Fr-unu or oner�t', tr'ct^rr or ^icy a-ui ^.ment, t er•.'r're I ' ust give u;: rr t ^:f' my ferring. Beira o::n eut,v •'tive r;ec.'•tnic I r•1tc '.=,ve ur ray :.erns ..• ne cin: l ivin : du to the rr i ry sho l environment. The ri'lney thrit I receive from mfr disability nensi'n iF not sufficient f^r ; y rife hnd I to live '•n. This div9.^irn i•.:il1 ;•iv^ .r..F" fin.:ncirl :;ecurit•Y r-ne et the sFr:e tire: tie 21 '=cres F:n' f'_v•e'.. Li•i will -=ve i. :,l•,c,:; t z i':e -r..'' I „'ill still ;� ..t;`c t— rriPe ^ •ttlo, .•c n ;.true ni. c' ntin--.e ,x-/ v Ey of life ?G 1^ntl i' 1 5. Thin ilri.r4 n - ill .r-'ri 'e .y 1 '`t =n11ir.: trl,? .z • ,,n..s •oorticn. It: F b--en -fly -- . y v , .. r il - +:.is " .r.:1 'f in e•Ptr: :it _ : 7 '1;1 :E.. ' c '•a:•: .__:v•:r ... t rcly rsn fr.•n -.i ' and I •r't 1 „ ,' in 'l:) . b ;Therefore t.^_c 1V1"1 .T1 —ill •''iv;? : t; .: ..:i' it! t i.1i'e n'•'• --f "?'7 f•..rn it:.- t tilizc:t•i -n _�:► ' t. to ..r n .1.}. Pr'cirl -_"viei • Ti.' e fern is. fr.:r ..f _:bt rn t"e i c . . fr:' tl-e ,'i iii ? n -re *ill rr'-vt' c ..4th ur ccurty rn` h 1=°ce, for us ;'-. live in t. e c-r, ;-i}z► tt .,£ .. firr. '`12r 1^.7:e tnr re'' rs. If I ' er:- : •rce:. t' ro' 1 .' ,1 C f•-r. I .r .z_1, . . �.v� £, -.73. oc• to nA I net • esire tc. !o this. Ve !;one ,"7U will !-iv:' us ,.7verT c'risi• 3reti"n in ur en epvors tr rE;"7;.in rel .a , r._n. t. / i / . --• -.. 4 . i t.' . 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IRRIGATED NON - IRRIGATED S k E =2_P e»c e To THE, till rnBePZ. ti 11 ti O_p A - 4T 11 Ir t, u REFERRAL LIST U) A_PPL1 CANT Willard and Mary Opal Trostel CASE # LSV-120:80:17 REFERRALS SENT OUT ON: December 10, 1980 z v REFERRALS TO BE RECEIVED BY: 1 ~ c'ta 1-4 CC U U C ti N c:a o 0 REFERRALS RECEIVED Comity Attoi uev X County Health X County Engineer - /2 - / Xo Adams County Planning Department / 01 - `? - S'o Administration Building 450 South 4th Avenue Brighton, Colorado 80601 • A FIELD CHECK FILING NUMBER: ISV-120:30:17 DATE OF INSPECTION: November 21, 1980 NAME: Willard Trostel REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt. SE-1/4 Section 35, T1N, R68W LAND USE: N Agricultural E S W Agricultural ZONING: N Agricultural LOCATION: 4 miles east of Erie Air Park E on Baseline Road (County Road 2) S W Agricultural COMMENTS: Residence and out buildings existing on south side of property. Original property appears to have had two parcels split from it . House is located on two acre parcel on east side on property. Mobile home is located south and west of this two acre tract. There appears to be another parcel also on the south side which has two structures located on it. Accesses are existing. County road 2 (baseline) is paved. Could not really tell what type of agricultural production has taken place on property. Appeared that some of property was being used as pasture. BY: \ • t abe Hello