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Home My WebLink About800623.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 458 - MAX J. ULRICH, ET AL. 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, it has been determined by the Board of County Com- missioners of Weld County, Colorado, at a public meeting held on the 24th day of September, 1980 in the Chambers of the Board of County Commissioners of Weld County, Colorado that the divi- sion into two parcels of land, as shown on the plat known as Recorded Exemption No. 458 , being the property of Max J. Ulrich, et al, described as part of the North Half of the Northeast Quarter of Section 21 , Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended: Part of the Northeast Quarter of Section 21 , Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado being more parti- cuarly described as follows : Beginning at the Northeast Corner of said Sec- tion 21 and considering the North line of said Northeast Quarter as bearing South 90°00 ' 00" West with all other bearings contained herein relative thereto; Thence South 90°00 ' 00" West, along said North line, 2451. 39 feet; Thence South 00°56 ' 05" West, 400. 00 feet; Thence South 18°06 ' 34" East, 335. 80 feet; Thence South 89°50 ' 38" West, 289. 60 feet; Thence South 00°56 ' 05" West, 603 . 90 feet; Thence South 89 °57 ' 12" East, 2632 . 96 feet; Thence North 00°51 ' 56" East, 1326. 02 feet to the Northeast Corner of said Section 21, said point being the Point of Beginning. Said described parcel of land contains 76. 678 acres , more or less , including a strip of ground 30 feet in width along the North and East lines of said described parcel of land reserved for county road right-of-way purposes and is subject to any rights- of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 00062] WHEREAS, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definitions of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and Section 2-1A(3) of the Weld County Subdivision Regu- lations . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Max J. Ulrich, et al. , be , and hereby is , exempt from the definition of the terms "subdivision" and "sub- divided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, conditional on an access easement agreement being recorded and said agreement be noted on the Recorded Exemption plat prior to recordation by the Weld County Clerk and Recorder. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 24th day of September, A.D. , 1980 . -L BOARD OF COUNTY COMMISSIONERS ATTEST: `� � �" f WELD COUNTY, COLORADO Weld County Clerk and Recorder A ��- tti (Aye) and Clerk to the Boa C. W. Irby, Ch irman y:4 r C A C• I (Aye) /j Deputy ount erk Leonard L. Roe, Pro-Tem AP EOVEE A, TO FO (ABSENT) Norman Carlson -2 /-2__,L6,4.,..., • County Attorney , �deiti 2.40/4n0vt, (Aye) Dunbar ,c ne K. Steinmark 800623 DATE PRESENTED: SEPTEMBER 29 , 1980 O-' 915 C.2 Recorded at o'clock ...- ---_. 4 1980 183'704'7 LA\2, Q,,,,A retr.„, Rec. No.. — . GRANT OF EASEMENT AND RIGHT OF WAY 0 dri State of Colorado Weld County Clerk & Recorder This Grant of Easement and Right of Way made this O 6th day of August, 1980, between Gladys Ulrich of the County ° of Weld, State of Colorado, First Party, and Donald L. Baker, 304 26th Avenue , Greeley, Colorado, Second Party. e WITNESSETH, That First Party for Ten Dollars and o other good and valuable consideration paid by Second Party to rn First Party, the receipt and sufficiency of which is 0 0 acknowledged, has granted, bargained, sold and conveyed, and by C these presents does grant, bargain, sell and convey unto Second Party, his heirs and assigns forever, a perpetual ease- ment and right of way for roadway purposes over and across the following described real property, situate in the County of Weld, State of Colorado, to wit : The west 30 feet of the following described parcel : A parcel of land located in the Northeast Quarter (NEa) of Section 21, Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the North 1/4 Corner of said Section 21 and con- sidering the north line of the Northeast Quarter (NEa) of said Section 21 as bearing south 90° 00 ' 00" west, with all other bearings contained herein relative thereto; Thence south 00° 56 ' 05" west, 220 . 00 feet; Thence north 89° 50 ' 38" east, 289 . 60 feet; Thence north 18° 06 ' 34" west, 335 . 80 feet; Thence north 00° 56 ' 05" east, 400 . 00 feet; Thence south 90° 00 ' 00" west, 180 .00 feet to the true point of beginning. Dated the year and date first above written.fleaG1ady&Ulrich STATE OF COLORADO ) ss COUNTY OF WELD :_rA0 foregoing instrument was acknowledged before me on the 4 day of August, 1980 , by Gladys Ulrich. WITNESS my hand and official seal. 211 n. � Not ry bl �'? vyT"i �'�o usission Expires : 9.f/�3 s4--S-ga rri- ,,9rF ! F. co\-"e 800623 DEPARTMENT OF PLANNING SERVICES PHONE 1303)356-O000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 IlliC September 24, 1980 O COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #458 Dear Commissioners: The attached application, plat, and related items are in reference to a request from Max J. Ulrich, et al for a recorded exemption. The parcel of land on which this request has been made is described as part of the N1 NE4, Section 21, T4N, R65W of the 6th P.M. , Weld County, Colorado. This property is located 21 miles south and 11 miles east of La Salle. The property contains approximately 76.678 acres of Class II, III and VI, irrigated soils. The request is to split the property into parcels of 7.269 acres and 69.409 acres. On April 9, 1980 the Board of County Commissioners approved a request by Max J. Ulrich, et al for a Lot Size Variance so that they could make ap- plication for the Recorded Exemption. At the time they made the decision on that request the Department of Planning Services Staff submitted a letter of recommendation for denial of the request to the Board. A copy of that letter of recommendation is included in the attached packet. Nothing has been received by our office that would change our recommenda- tion for denial of this request as outlined in the letter to the Board of County Commissioners dated January 23, 1980. It should be noted that Max Ulrich and Don Baker were granted a Lot Width Variance on August 28, 1980 by the Board of Adjustment. Should the Board of County Commissioners approve this request for a Recorded Exemption the access easement agreement should be recorded and said document be noted on the Recorded Exemption plat prior to recordation by the Weld County Clerk and Recorder. Respectfully, U Celia._ a,S e_r Vickie Traxler Assistant Zoning Administrator VT:rg 800623 22 C DC1'i a7)z in- 24{.pyZQ/LQ., /a . // 6,0 1012/n��d �� 00 &xd w4 a-a7 Vey/a-4-w? (V2z,L1 o7t c-c o Myd P Ja -≥ X29 ✓ leilo (272 2 -- c iE . '14 /ma q� / /(7' x � % � cct a/60a" /.7t:2,4227 /Lco ,� Ord d Ve iv/77O Wue (21:2716,,A. di A{ , L J " Gti ,t4 'c / RC2 %&✓7? (t ( ' 2A/1,,,L t 0-6/6 ,ed /�6 fit G� c= e/t / U�)O 4 V 'fi7T�2 , 2 .L l2/1th a sC1tettc /let nyc ./c1,-/.z-C%Qi '7yciz Ge"_ w' `/7 =6-GCS-e2ti�e�`.. C�c ao 2�L1� CL _ v. _ex-c/ 6'7(C&C (t - d iyCy 7442z7 7c.:(4. Lf ti1Cc J&:' 2 C ;`&'G( i`G ' �J L u/E_ _C C( /( C7 (s A • yt egt c c'Y:(c :f 0_ a%{/ , ��,�dr�//�,`t .(/// rte). ,/tazAe jg ,..,"7 '7�<_-1 etc? "�] / L 7 11 /, Gex %'o "Ale $ofri-)- a Ice «xu�'.moo Ve Coe, d c/ td,e,, _-(_ ` _ /.22/,,L22c,e2tif Wiia, cz6 i7x6 . `7/2 �� U;(7(22 %&tf a%eyp C (26 (t c lei (-6Lt 2t7_ea)(44 W/' ' &Ze- axe' e _22,- cu?7 O ,ec ,�5 - 4,o 922 (ikly 4 (12-e .7271(* 2t 1, , _cJ /6 Ja' I azki /'Z{aA C xg. b&z _ ` _47ott,2t a V-/z4_, Wu L% 6 62,,_2e i ry ; (,ef z* ait/ {4 p aia ed ay/ - 2 Lim Iii:eeo -19 Wit), j�200216C .i1ej 216C 9%eh{9 ' Cey7C a2'C(I'e- Oda°. / GG i/Larl aJ 9,2,,a/- - cc7t'Cr e Jc„ di VX , Geo-La vo // '� '� r %i7U_ * t& 4-(64_/ c/t' ,aa'a.1./zee,. / e/ 'ev 'cc ed/ (cC cz_. C2 Mat2cicC) �e-,`Ze2C, - 26c( Vi3 /62 / LeeC_7�%2� ,k.. ., &'/y (cat . 800623 ask - , T_ _ _ II aa1 et_ _L . . 4..✓- • • • 4che: ' . :. % ��,. 11 f '... .,....,ate g:`' I44, •psi X • • Waite " °+Aay 'i • I. IS , r: 1,,,t ,r ter„ 'y + A Irs inn `""•—� k y % ii, IP fl ,1' 4 .,_ 4 . , la. Pt / + S,. . , 'if` s i , i1711 R . • Y. - - . d ... .» I - N y psi - • 7 • L tom.{'" 1 P ` 1 % 417/0 11 • ti • \ W/ 51.{ I , , ANY •'IlitJam.. v l\ .. A., ,: , •-"'' , _ q •+ '� k Yam. i 44 n I.ini n.ta S V l - 'I >_' ehmkr a s *Co,- a F Y '"il 2j' c , .y Tl•1„ ....f i .> A. ter- yl "" --1.•"•%,.- _ •41,— . #'j .•vt;. • • • j a' ( ."�` a l Xy --.1:.„ ri Y n _ ' `'i� }�'• • }i } t S'.W X +�•�l. }. jj ill .0,-.4.4-.41r4 {..�jy' r W IeI ..+'y.•y�4,U y� eyy W. ., i • a �, N '� x^'"fr, k' ,.t N. •" a�*y yr ai. 0: '1,4 •.t 'Aj AAAiFi�' , Y—'"^Y I . t s, t}.T tit- i. .Ti ,i 'r ' hX Yi .. . .A. ,. 4 r ... l SS�^ i aty �, � `.t Weld County Commissioners Centennial Building 915 19th St. Greeley, Colorado 80631 We are requesting a lot size variance for the elevated portion (approxi- mately 6 acres) of the North 1/2 of the Northeast 1/4 of Section 21, Range 4 North, Township 65 West. The lay of this land is very hilly and steep and is impossible to farm. An attempt to farm the "hill" was made by my great-grandfather, Pete Ulrich. He gave up after ruining some of his farm equipment due to the large rocks and chunks of shale. Water is another great problem, as the ditch is a good distance away from this elevated portion and it would not be feasible or profitable to pump the water up to this hill. This piece of land has now been let go; and is constantly being blown away by the wind. I would hope to correct this problem by returning it to its "natural state" by planting buffalo grass, yucca plants, small cedar bushes and a few ponderosa pines, plus several varieties of flowering plants suitable to these soil conditions. It saddens me to see this area let go and in such bad shape. This land has been in the family since 1914. My great-grandfather, grandfather, and father have farmed the land around this "hill". As a small boy, this was my favorite spot to sit and watch my father farm the land below. As this hill is isolated and would ab useless anybody great eelse, has great e sentimental value to me. My grandparents have always desire that any lands they owned would continually stay in the family. Other than a single family dwelling with a garage that I would build for my wife and three children there would not be any other buildings or fences on this land. I would not want anything to take away from the natural beauty that I hope to restore it to. As a farm boy these are my roots. I would do everything in my power to improve this land and not to deteriorate it. It is my desire that this land will remain in the family and be passed on to my children. My grandmother, Mrs. Henry Ulrich lives on this same quarter section and it would be nice being near her to help her with her heavier burdens now that my grandfather has passed away. Farm noises and earthy odors are very dear to me; and I would not be a complainer or a hindrance to my neighbors in any way. My wife and I have a desire to be involved in the community through the school and youth organizations and projects as we have been in Greeley. My children are of the fifth generation of the Pete and Anna Ulrich family and nothing would give me greater pleasurer than to be able to raise them on the land of their late great-great-grandparents. 800623 ?o 4 G-tb Ave_ \S).„. c, ‘4")el- G t1c.� . Ca C . G C:31 Sep/° 9 &_A/ J x w %_ N r '7y ' i -- 14--. 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ASV /Oq a/-4 -625- 2;8 B sc � i- 4; 15-C 51-0 3 -pp IF ss t \S — 53-C 53M-CD 3 3 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 3''/- ,D 7-'f' �e 27-e- - s3-G g)-- - le- __Iga (2/ -8-8 4 Ire -re . _ 800623 4 • FIELD CHECK FILING NUMBER: LSV-104 DATE OF INSPECTION: 1/22/80 NAME: Donald Baker/Max Ulrich REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt. Ni NE} Section 21 , T4N, 8.3514 LAND USE: N Agricultural E S Agricultural ZONING: N Agricultural LOCATION: 41 1.,2 miles south and lZ E miles east of LaSalle Agricultural COMMENTS : Property presently has no improvements located on it . Two irrigation ditches cross the property running NW to SE. The property was in agricultural production this past year(corn) . The property slopes to the east with the highest part being the west end of the property. There is a house located in the Northwest corner which was apparently part of the or finial farm. County Road 44 is paved. County Road 43 is gravel surfaced. It appears that all of the land is being farmed including the western edge of the property which. the applicant identified as "not productive farmland" . (On the hill) . BY: 0 V7/L 'ti DA. .j Aoog2aI 7reesc £ngineercng ENGINEERING CONSULTANTS GREELEY COLORADO 80631 352-0100 A Division of Associated Cngineers , Inc. Legal Description LOT "A" Lot "A" of recorded Exemption N0. located in the Northeast luar'ter (NE'-.) of Section 21 , Tounship 4 North , Range 65 West of the 6th .'.f.. , Weld Lout'ty , Colorado being wore partiesIally described as follows _ Beginning at the Worth Quarter Corner (ii', for) of sail Section 21 and considering the North line of the NH of said Section 21 as bearing South 90° 00'00" Nest, with all other bearings contained herein relative thereto; Thence South 00° 56' 05" West, /20.00 feet Lo the True Point of L'gi ;'ning ; Thence North T9°50 ' 38' Last, 277.00 feet; hence South 16°29' 28" East , 276. 36 feet; Thence North 00° 10'45" Last, 293.91 feet, Thence South 07° 11 ' 15" Last, 351 . 57 feet; Thence North 69° 57' 12" West, 703.67 feet; Thence North 00°56 '05" Last, 603.90 feet to the True Point of Beginniwt. Said described parcel of land contains 7.269 acres , more or Icss , and is subject to any rights-of-way or other easements as granted or reserved by instruments of record cr as now existing on said described parcel of land . Surveyor' s Certificate '11,1,10,1 ,t I do hereby certify that I have prepared this legal descripti Project No. 1,06229 Jaspe e 7 July 3, 1980 Cclor o E. h L .S. No E.t93 t1 3 • 9 • .)" • ice . •,riy : ,'�u ��,!! UU 15 ' 800623 Y APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 -• 10th Street, Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . (,t LS' APPL . FEE aa,61.7 ZONING DISTRICT R RECORDING FEE Q3(O L{_Oo DATE \ - tp -. ret RECEIPT NO . WAD APPL . CHECKED BY D1• TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : 1-0,r1--` 0.0 - - -h ¢ Noc h N'aN ' �' e AJ r-Fl1 --- e s-r- Qua ri 0- Cif &( i( (' 1 , -I 0Uif s Ji ('-) LI M 0-11 1 gonry, toes±_ �; 4k (C p4M1 ) LU E'I of C( r ) y) ACREAGE : Lot "A" 4 . 6 ' ;; Lot .. B.. � ,� °�l�t� Total ""7,5, .70711 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No Are there any existing improvements on Lot A? Yes No 7^ 4'1:1 Lot B? Yes No FEE OWNERS OF PROPERTY : Name : r,f)(- c) , Z.(If ICh Address /q Q`7 weN Phonei37-a / q , Jame : Address aScAla cDIALTPhone Name : Address Phone C'Qn-FnGr 1 WATER SOURCE FOR : Lot "A" "B" eoltrr j .tJ ± r' OiSyfid'f; Lot t Cehk.-rO t TYPE OF SEWER FOR : Lot "A" eonoenfic tci 5epfrc,; Lot "B" h}on1/4__ PROPOSED USE FOR: Lot "A" knmm.. nitAjell:03 ; Lot "B" Farmrkt I hereby depose and state under the penalties of perjury that all statements , 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) `';2,0. 1& € Q. , . � Signature : 'Owner or Authorized Agent Subscribed and sworn to before me this /V = day of , _, 190 . SEAL Qad:).?rr iz! /ete, .. Notary Public /97( / ?/3 My Commission expires : n RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 104 - DONALD BAKER AND MAX ULRICH. 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 held a public meeting on the 9th day of April, 1980 and considered the application of Donald Baker and Max Ulrich for a lot size variance, and WHEREAS, the Board of County Commissioners has determined at said public meeting that a certain tract of land is owned by Max Ulrich, which land is more particularly described as follows: Part of the North Half of the North- east Quarter of Section 21, Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado. WHEREAS, the owner of said tract of land desires 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 Weld County Subdivision Regulations, and WHEREAS, the Board of County Commissioners of Weld County , Colorado feels that the applicants have shown good cause for the granting of 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 Commis- sioners of Weld County, Colorado that' a variance from lot size requirements be, and hereby is , granted to Donald Baker and Max Ulrich for the above described parcel of land. • 800623 The above and foregoing Resolution was, on motion duly made an d seconded, adopted by the following vote on the 9th day of A.D„ 1980 . I April, BOARD OF COUNTY COMMISSIONERS t.rin +�'<;.�� ' WELD COUNTY , *COLORADO F ;_� d- - (Aye) ATTEST: U +, / �" Clerk and Recorder C . W. Kirby , C airman Weld County the Board �� (� (Aye) and irk to • �: . ,'/ �-- eonard L. Roe, Pro-Tem �eputy Count lerk / (Aye) APFRD D AS TO FORM: Norman Carlson (A e) O ounty Attorney L i Dun ar (Aye) ne K. Steinmark DATE PRESENTED: APRIL 14 ,"9623 /�• �� V RESOLUTION _J RE: GRANT REQUEST OF DONALD BAKER AND MAX ULR�ICH TO RF�viiKAJf' LOT SIZE VARIANCE NO. 104 MFR ' -V WHEREAS, the Board of County Commissioners of'W 18-iounty, 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, on January 23, 1980 , the Board of County Commis- sioners denied the application of Donald Baker and Max Ulrich for Lot Size Variance No. 104 , and WHEREAS, Donald Baker and Max Ulrich have requested that the Board re-hear the application for a lot size variance, and WHEREAS, the applicants have stated that they did not receive the recommendation for denial and the reasons therfor in time to review and adequately respond to said recommendation for denial, and WHEREAS, the Board feels that the application for the lot size variance should be re-heard due to the aforementioned reason. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the request of Donald Baker and Max Ulrich for re-hearing Lot Size Variance No. 104 be, and hereby is, granted for the reason as stated herein . 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. `,,,t BOARD OF COUNTY COMMISSIONERS ATTEST: /I ( ty- u..v:7€'l,iO-V`, -^, WELD COUNTY, COLORADO Weld County Clerk and Recorder lC ntI2 (Aye) and Clerk to the Boarcj, Kirby, C airman C_BL y: / 17 c n_� , _ hF.,-,,.n tAL. 4. . r26Tc (Aye) / DepuA O Clerk 1eonard L. Roe, Pro-Tem AC P/PPR/Cv/VED AS TO TO FORM: (Aye) ��/7 Norman Carlson — z County .L County Attorney �> f_ (Aye) L Dunbar 1 JrfZe K. Steinmark F e0O623: DATE PRESENTED: MARCH 24 , lc - ? / PETITION FOR REHEARING IN THE MATTER OF THE APPLICATION OF LOT SIZE VARIANCE BY DONALD BAKER LOT SIZE VARIANCE 41104 AND MAX ULRICH TO: BOARD OF COUNTY OF COMMISSIONERS WELD COUNTY, COLORADO The Board of County Commissioners on the 23rd day of January, 1980, denied, by resolution , an application for lot size variance 2104 by Donald Baker and Max Ulrich. The applicants petition for a rehearing on the applica- tion on the following grounds, to-wit: 1. The Department of Planning Services in its report and findings of fact was in error and the resolution of the Board of County Commissioners was based upon erroneous conclusions in the following respects : (a) The field check dated January 22, 1980, indicated that the inspection revealed that all of the land was being farmed. Although in past years, there had been sporadic drylard crops planted, the crops were planted more for cover than for production and the production history reflects that the land is not "economically productive" . This erroneous conclusion by the Department of Planning Services apparently occurred because of the recent snow cover and the resulting inability to examine the land. (b) The Department of Planning Services concluded that there had been a prior "split-off" of the improvements in 1972. Although it may be a matter of terminology, the report by the Depart- ment of Planning Services did not correctly reflect the status of the parcel of land and created an impression of a prior land split for economic gain. In 1952, Pete Ulrich died, leaving a life estate interest in his wife, Anna Ulrich, and a vested remainder interest in seven children, one of which was Henry Ulrich. In 1972, Henry Ulrich exchanged, . in part, his undivided 1/7th interest in and to the 80 acres in exchange for a fee interest in a smaller parcel on which the present improvements are constructed. Henry Ulrich is now deceased but his surviving wife continues to reside in the im- provements. • 2. . The purposes of the application and the motivation there- for were not to encourage residential encroachment on agricultural land, but rather, was an extension of a family relationship regarding the land. After the death of Anna Ulrich, the remainder interest in this farm was owned by six children and three grandchildren of Pete Ulrich. In June of 1979, the family agreed to and did convey the land subject to this application to Max Ulrich who was a grandchild of Pete Ulrich. This was done with family approval and under the conditions that Max Ulrich would make available the non-productive part of the property to another family member, Donald Baker, co-appli- cant, who is the great-grandson of Pete Ulrich. 3. Gladys Ulrich, who resides in the present improvements, and the remaining members of the family have an interest in the grant- ing in the lot size variance. Gladys Ulrich lives at the improvements alone and has encountered some apprehensiveness because of the isola- tion from close neighbors and relatives from whom she can seek assis- tance. Donald Baker, a co-applicant, is her grandson and his residing on the property would relieve the anxiety and provide a sense of security. . • 800623 4 . Because of the fact that the land is not capable of economically productive agricultural use, it is submitted that the application is within the intent of the Weld County subdivision regulations which provide the procedure for recorded exemption in those cases in which non-productive agricultural lands may be developed for higher and more productive uses. The Department of Planning Services suggested that the application does not comply with the Weld County Comprehensive Plan because it would encourage residential encroachment on rural agricultural land use. Again, it is submitted that neither the subdivision regulation nor the Comprehensive Plan prohibits a recorded exemption in cases as that presented by this application. 5. It is further submitted that the granting of the lot size variance on this particular parcel of land would not be in conflict with the intent of the agricultural zoning. Because of the fact that the property is not adaptable to economically productive agri- cultural use, it would not discourage agricultural uses. An exami- nation of the premises will reflect that there exists a natural boundary between the agricultural lands and the lands proposed for a lot size variance, one boundary being an irrigation ditch and the second being a radical and substantial change in elevation. The granting of the application would therefore, not divide agricultural lands into smaller or less economical parcels. Granting of the application would obviously increase residential density on this property from " 0" to "1" residents, but it is submitted that this is not of such significance to override the more compelling equities in favor of granting the application. Further, it is acknowledged that • the property is not immediately adjacent to existing municipal facil- . ities; however, the property lies within one and one-half miles of an existing municipality and is adequately provided access to neces- sary utilities and service. Respectfully submitted, KAROWSKY, WITWER & OLDENBURG BY: 2 rn J. K rowsky, #5799 t torneys for Applicant 550 Greeley National Plaza Greeley, Colorado 80631 Telephone: 352-3161 • • • • 860628 -2- A h 1• rr\ S RESOLUTION •'- 9 0 <> RE: DENIAL OF LOT SIZE VARIANCE NO. 104 - DON D ULRICH.. r; ( �, '° WHEREAS, the Board of County Commissioners �c W�.'��Al� ` unty. 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, on January 23, 1980 , the Board of County Commis- sioners of Weld County, Colorado held a public hearing to consi- der the application of Donald Baker and Max Ulrich for a lot size variance on the following described parcel of land: Part of the North Half of the Northeast Quarter of Section 21, Township 4 North, Range 65 West of the 6th P .M. , Weld County, Colorado. WHEREAS, the applicants desire to obtain a variance from the minimum lot size requirement so that they may make applica- tion for a recorded exemption, as set forth in Section 9-4 .A. (6) of the Subdivision Regulations, and WHEREAS, the Board of County Commissioners feels that the applicants have 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 for the above described parcel of land be, and hereby is, denied. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS ATTEST: --7-'?;/ WELD COUNTY, -COLORADO J Weld County Clerk and Recorder n://, L , and Clerk to the Board C. W. Kirby, $'airman (� ((7 By: �c n„�, � , ,;.�J‘1,1 �:o/.0)-02d. ' I�Tc Deputy County Clerk Leonard L. Roe, Pro-Tem /i�`1 APPROVED� TO FO S RM: � t.y �1/• /% Norman Carlson C- ✓- f1 County Attorney �Z /� � --1-4---;" � , Lyd5 Dunbar /7 June K. Steinmark DATE PRESENTED : JANUARY 28 , 1`-'n ;' • • ■' • 1 p • . I Seee `.17/(�^ / Cower` � a5' * !f1r Ir ■ • y(•�; \Gr p j RED" ■ • ,'� • RE42 ■ ■1 a ■ ■ ■ ■ . • a a 9 as I ,�� II ■ 12 1 RE�o5 ■ p . ■ • pip 0 p ▪ RCAA■ Galt :It dt 1 ■ • • IP ° IT 1 16 ■■ p 15 p 14 1 a 13 p ° 1 ■ 1 • (�a p ppp ■ ■ pp p ■ ▪ ■ a • GI p• /;I 1.--- pitch (I �� O E Ilp ■ 19 1 p 20 21 , l'••-•-• 22 • � 24 .� p I ■ 2'�Z • • 1 % • • 2 • - II 67 t u•1 t . k4 tts 7 RE�,0N t _ I �!• a02 alb 29 II 28 f Ip 27 26 1 25 .7r- I cio ■ ■ ore I 31 ■ ■ 32 I • 34 - I V 35 Lc:6,c, I ■ i i 4 X DEPARTMENT OF PLANNING SER'.ICES PHONE 1303)3564000 EXT.404 915 10TH STREET 'rwy7 GREELEY,COLORADO 80631 3 COLORADO January 23, 1980 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Lot Size Variance #104 Dear Commissioners : The attached application and related items are in reference to a request from Donald Baker and Max Ulrich for a • lot size variance. The parcel of land on which this request has been made is described as Pt. N4 NE4, Section 21, T4N, R65W of the 6th p.m. , Weld County, Colorado. This property is located 24 miles south and 14 miles east of the Town of LaSalle. The property contains approximately 76. 6 acres of Class II, III, and VI irrigated soils. The request is to obtain a variance from the minimum lot size requirement, Section 9-4A. (b) so that they may make application for a recorded exemption. If this lot size variance is granted, the Bakers and Ulrichs will proceed with a recorded exemption to divide the property into two parcels of 5.2 acres and 71.4 acres. Mr. and Mrs . Baker desire to purchase Lot A in order to build a residence on the property. Mr. Ulrich will continue to own Lot B, the larger parcel. 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 pro- cedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby non-productive agri- Board of County Co'-- 'sioners Page 2 January 23, 1980 agricultural lands may be developed for higher and more productive uses insofar as such uses are com- patible with surrounding agricultural uses in areas where such land divisions are proposed. (Revised 4-17-74) . " However, 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 agricultural 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 which may prohibit efficient agricultural 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 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 is eligible for a building permit for one set of improvements. At present no improvements exist on the property as they were split off in June, 1972. The approval of this request would allow another residence to be built on the property. 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 exonomy. 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. The Department of Planning Services staff recognizes that the proposed Lot A is non-productive land. However, if all non-productive land in the County was developed for residential use, the long-term economic impacts on surrounding agricultural lands would be the same as if prime agricultural land was lost to residential development. Respectfully submitted, Vickie Traxler Assistant Zoning Administrator VT:cc RECORDING DATA - MAPS PS&PLAA'- Recorded Exemption #1055_21_1-RE4��_` NAME OF SUBDIVISION -- Gladys Ulrich Max J. Ulrich - �f of 21, Township 4 North, NAME OF SUBDIVIDER Part of the Northeast Quarter Weld County, Colorado Range 65 West of the 6th P.M. , LOCATION OF SUBDIVISION . __�--- -- - OCT 1 4 1980 BOOK 1 919 RECEPTION # 18�88�2 DATE OF RECORDING MARY ANN FEUERSTEIN WILD CO NTY CLERK AND RECORDER BY: � DEPUTY COUNTY CLERK b RECORDER 800623 Hello