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Home My WebLink About800475.tiff RESOLUTION RE: DENIAL OF LOT SIZE VARIANCE NO. 106 - WILLIAM AND MARIE WEBBER 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 21st day of January, 1980 , in the Chambers of the Board of County Commissioners of Weld County, Colorado that a certain parcel of land is owned by William and Marie Webber, which land is more particularly described as follows, to-wit: Part of the Northwest Quarter of Section 2 , Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board of County Commissioners of Weld County, Colorado 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 owned by William and Marie Webber be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of January, A.D. , 1980. ;Xire 4,� BOARD OF COUNTY COMMISSIONERS ATTEST: /1 i.r.t, ,,v " G' ,£. / WELD COUNTY, COLORADO r nil- 4 :.; .. �,-,\Y.. Weld County C erk and Recorder ?;/t,/ <( v (Aye) and_Clrk to the Boar C. W. Kirby, chairman (.17. : _e-) ((; I ---,,c_;7(C X --eft---' 61--(1 l .G- SL. (:). (2e-E. (Aye) Deputy Count Clerk f Leonard L. Roe _ AP OV D AS TO FORM: ,,.-1 )14-7-).".A.......- &vs-4o-- (No) C- _72: er141.-e-,.. (5---k: Norman Carlson County Attorney (ABSENT) Lydia Dunbar , 11-('77d //' .. :.c'?.(i/ J ijAYe) June K. Stdinmark 800475 DATE PRESENTED: JANUARY 23, 1980 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Wilk COLORADO January 21, 1980 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Recorded Exemption #436 Dear Commissioners: The attached application, plat , and related items are in reference to a request from Mr. and Mrs. William Webber for a recorded exemption. The parcel of land on which this request has been made is described as Pt . NW4 Section 2, T3N, R68W of the 6th P. M. , Weld County, Colo- rado. This property is located 1 mile east and 1-1/2 miles north of Mead. The property contains approximately 30.466 acres of Class II , III and IV irrigated soils. The request is to split the property into parcels of 3. 991+ acres and 26.475 acres. The Webbers wish to sell the 3. 991 acre parcel which has an existing residence located on it and build a new residence on the 26.475 acre parcel. Their attorney has submitted 2 letters dated November 13 , 1979 and December 3, 1979, which sets forth the Webber' s reasons for requesting this recorded exemption. Copies of the letters are in- cluded in the attached materials. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the re- quest be denied for the reasons as outlined in a letter of recommenda- tion dated January 21, 1980, submitted to the Board by the Department of Planning Services Staff. This letter was presented to the Board at the time the Webbers requested Lot Size Variance #106. Respectfully, • Chuck Cunliffe Assistant Zoning Administ ator csd WSJ OMoir r.,,, Lot A RE242 ni 1 . 9Ac. Taylor 2/18/76 1/10/77 • N. ' Lot A RE197 70 . 3Ac. Willson (DPS recommended (DPS recommended Denial) 0Sf approval-ditch) Lot B RE242 Willson 80.6AcDA a 138 Ac car Lot B RE197 17 .9Ac Olson CAt 1 LSV DPS recommended denial 1968 Webber 31Ac ■ 968 2Ac Steffs ///1:////T::: 1970 or before Agars ‘ r 03,0 III - Z Lot A RE39 19 .4Ac II 3/28/73 ova No written DPS re- n.,mmonA a t i �n r Lot B RE39 19 . 4Ac a OS Contracts predate S835 Hayden 112Ac 1972 Andersen 13 . 75A( • " ' Peppler 80Ac Dreher Pickle Co. 1953 Owen F7711 IMPS only I 15Ac 030 0 ® r. 6% Ac • Graham 4 • • House 4IIMobile Home Hookup `` t A ',if(14 p 56 1 1‘4391- „.--- Z3/40.00 ' ir S. 8 9 P.s/'DD"j'1! P.;',*- 6 96. 3/' - } /6-/3. 69' 3 - /4:::2/ �` D IOr f g'„„ x'e'ate, - � d j..ps . l9i.like--.1 �'�`5'ca�� Q 0 % ,++�.s izs.ie ---.t/3.78 0 ki%T.i.r.e3zz. . — : 1?4:7‘ . z 3/ADD ' 414 Ilq 0 I A, t ht-A-s 1 •k*t.E.teAroo7/ 7 0 , .E , `0 Oa 0 b Sc.4.e.7=100' ki Ni »'4997 /er is' - 3. 99/t,9cre c 7 / DH'1YEA, '.,zb7 r,41,-: "Aso( .PD I'/ • W/!.C/i4/Yr WeebriP f e• .Csr B' - .Z6.I75t , 77r/ .FST.FA' /We 1Ves1.e o,zv 6 t a/ Zo h! /76DZ 1-2'S /9«Ess /Po.f.O . :our . S/ ,r5 fireosion 39 15,31 7 14S! Co. 1dB / T.3/4/ Ices t of /22:271 , tor a ii 2 Uco //,„/•e3.. io 1/ / /z Z Y'C//Y/Tf/ 443 ' SC/94e :///z".z'DDD' 1 79. 11' DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Wilk COLORADO January 21 , 1980 Board of County Commissioners Weld County, Colorado 915 10th Street y' Greeley, CO 80631 RE: Lot Size Variance #106 Dear Commissioners: The attached letter and related materials are in reference to a re- quest from William and Esther Webber for a Lot Size Variance. The property under consideration is described as Pt. NW4 Section 2, T3N, R68W of the 6th P.M. , Weld County, Colorado. The property is located 1 mile east and 1-1/2 miles north of Mead. The property contains approximately 30.466 acres of Class II , III and IV irrigated soils. The request is to obtain a variance from the minimum lot size require- ment , Section 9-4 A. (6) so that they may make application for a recorded exemption. If the request is granted, the Webbers will proceed with their recorded exemption application to divide the property into a 3 . 991+ acre parcel and a 26.475 acre parcel. The Webbers wish to sell the 3. 991 acre parcel which has an existing residence located on it and build a new residence on the 26.475 acre parcel. Their attorney has submitted three letters dated November 13, 1979, December 3, 1979 and January 9, 1980 which set forth the Webbers' reasons for requesting this Lot Size Variance. Copies of the letters are included in the attached materials. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the re- quest 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 Board of County Commissioners Page 2 January 21, 1980 rural land use. The Plan urges residential development to be 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 26.475 acre parcel. 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 Subdivision Regulations. The parcel is not prime agricultural land because of past divisions of land creating rural residential tracts. 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 the area were to continue to develop, inefficient development will result . 4. 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 principal purposes of the Subdivision Regulations of concern to the Department of Planning Services Staff are as follows: 1 . 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 subdivisions by establishing adequate standards for design and improvements. 5. To provide adequate space for future development of schools and parks to serve the population. Board of County Commissioners Page 3 January 21, 1980 6. To assure the planning for and provision of an adequate and safe source of water and means of sewage disposal. The western half of this section has been developed in a piece meal fashion beginning in 1968. This has resulted in a strip of eight parcels which range in size from two to thirty acres. It is the opinion of the Department of Planning Services Staff that if this request is approved a precedent will be established in the im- mediate area and possibly in similar areas of existing concentrated developments which will allow further expansion of these areas to occur. This can only lead to inefficient and isolated subdivision development . Respectfully, • Chuck Cunliffe Assistant Zoning Admi istrator csd 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. LSV-106:80: 3 APPL. FEE $75. 00 ZONING DISTRICT Agricultural RECEIPT NO. 10953 DATE January 9, 1980 APPL. CHECKED BY CaC 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: Pt . NW/ Section 2 T 3 N, H 68 W See legal description on the attached plat TOTAL ACREAGE: 30 . 466 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x FEE OWNERS OF PROPERTY: Name: Esther M. Webber and William Webber Address: 17602 1-25 , Access Road East , P1arrPvi11ePhone : 535-4310 Name: Co . Address : Phone: Name : Address: Phone: WATER SOURCE: Larger Parcel Little Smaller Parcel Little Thompson Thompson TYPE OF SEWER: Larger Parcel Septj.c Smaller Parcel Septic PROPOSED USE: Larger Parcel home site- Smaller Parcel home site agricultural 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. Wiilliam Webber a 'i Esther M. Webber COUNTY OF WELD ) ..._ STATE OF COLORADO) By : S gnature : Owner or Autho ized Agent Harlan C . Stientjes Subscribed and sworn to before me this 9th day of January , 19 80 • My commission expires : 3-13-80 SEAL I 11 f/ C/v 4ub1ic Notary 0('C,i,4 I / 3, / n My Commission expires: 4' LAW OFFICE HARLAN C. STIENTJES, P. C. 1010 12TH STREET HEW ADDRESS: GREELEY.COLORADO P.C. S.j.�F1,` -,-I�S a0631 HARLAN First National Conk Building AREA CODE 303 Suite 201 353-9000 }025 9th Aven Greeley, 80631 Colorado Ph.: 353-9000 January 9 , 1980 Mr . Chuck Cunliffe Weld County Planning and Zoning Centennial Complex Greeley, Colorado 80631 RE: Webber Application for Lot Size Variance and Application for Recorded Exemption Dear Chuck: Pursuant to our discussion after the County Commissioner ' s meeting on January 9 , 1980 , you will find enclosed an Application for Lot Size Variance and my check for $15 . 00 . It is my understanding you are agreeable to transferring our $75 . 00 that was previously paid on our Application for Recorded Exemption to this Application for Lot Size Variance . The additional $15 . 00 will be for the Application for Re- corded Exemption, assuming the Application for Lot Size Variance is granted. The reason the Webbers are requesting the lot size variance is because it is evidently a prerequisite to their Applica- tion for Recorded Exemption. You have in your possession my letters dated November 13 , 1979 and December 3 , 1979 which spell out the overview of the Webbers ' proposal. Admittedly , there was a previous Application for Lot Size Variance. I have listened to the tape relative to that particular Application and have indicated to you that there is a great deal more information that is necessary to adequately advise the Weld County Commissioners of the basis for the Webbers ' request . The Webbers have very sincere desires and what I perceive to be valid reasons for the re- quest in this Application for Lot Size Variance and Applica- tion for Recorded Exemption. It is my understanding you will be scheduling the hearing on the Application for Lot Size Variance and the Application for Recorded Exemption approximately a week or ten days from now. We very much appreciate this timely placement on the docket . Please give me a telephone call when you have determined the date and time for the hearing . Realizing that time is short , I will relay the message to the Webbers by telephone and dispense with any formal notice . Your help and assistance continues to be appreciated . Yours truly , r, 1. ;.,,.._ Harlan C . Stientjes HCS/sw Enc . I 4 4 ..�9 LAW OFFICE , NOV A9 HARLAN G. STIENTJES. P. C. co RECt�ED ;, (O wed Count! 4laa;„,Coma►iss►o� _ ,/ FI} T fv'ATIONAL BANK BUILDING � November 13 , 1979 'e �j�� t`%' SUITE 201 L G 0E62v.GREELEY.COLORADO L 80631 Mr . Chuck Cunliffe f f e AREA CODE 303 Weld Conty Department of 353-9000 Planning Services Centennial Complex Greeley , Colorado 80631 RE: Application for Recorded Exemption of William L. Webber and Ester M. Webber Dear Chuck: Pursuant to our discussion on October 10 , 1979 , the enclosed Application for Recorded Exemption is submitted to you with the $75 . 00 fee you described . I believe everything is in order and we will appreciate your advising us of the soonest possible hearing date . The reason the request for a Recorded Exemption is made is simply that Mr . and Mrs . Webber have lived on this property for approximately 10 years. During this period of time the sound level caused by 1-25 has greatly increased. While the sound level may be acceptable to a normal person, Mrs . Webber worked for many years in a loud factory that required the wearing of ear plugs . She has now retired and desires to continue living on the property but desires to build a house further away from the highway where the sould levels are more appropriate. Living too close to 1-25 has contributed to a high blood pressure condition for her and the parties have been sleeping in that house with the windows closed because of the stress caused by the noise levels . Adjacent to their residence is the plot of ground they gave to one of their daughters . It is far enough from the highway that the sound levels are acceptable thus causing the idea of Mr. and Mrs . Webber building on the property that they still have in the area. They do not desire to move from this area because their family is in the area and except for the sound levels close fo 1-25 , they desire to live adjacent to their daughter . The Webbers purchased this property approximately 11 years ago with the idea that it would be for the use of their family. Their plan was accomplished in part and defeated in part . They were able to convey to their one daughter a building site but were then subjected to the new county regulations prohibiting the further subdivision of the property . It does seem reasonable that the county should allow them to make this use of the property. If I can supply anything further , please call . Yours truly , Harlan C . Stientjes HCS/sw Enc . cc : Mr . and Mrs . Webber LAW OFFICE HARLAN G. STIENTJES. P. C. FIRST NATIONAL BANK BUILDING SUITE 201 December 3, 1979 GREELEY.COLORADO 80631 AREA CODE 303 353-9000 Chuck Cunliffe Assistant Zoning Administrator Weld County Greeley, CO 80631 Re: Recorded Exemption of Mr. and Mrs. William Webber Dear Chuck: In response to your letter on November 27, 1979, I believe you probably have the original mylar of the Recorded Exemption Plat and the four:dollarcheck you requested. I have reviewed with the Webbers their proposed disposition of the property. They sLaried a plan in about 1968 to give their daughters part of this property. Prior to the present law they gave one of their daughters property to build a house upon which has been done. Their plan was to give their other daughter a portion of property for this same purpose. It does not look like this will be accomplished as that daughter is living in California and presently has no plan to nave back to this area. However, the Webbers would like to accomplish as much of this plan as they originally planned prior to the present law by this Recorded Exemption. Due to the increased traffic noise on 1-25, their present residence has became almost unbearable for Mr. and Mrs. Webber. Mrs. Webber spent many years in a noisy oil filter factory and although she is retired at the present time, the noise greatly disturbs her life style. The Webbers very much desire to stay at the area where one daughter presently lives and the way they can see to accomplish this is by building another residence further away from the road. They are presently caring for the 17 year old daughter of the daughter that lives near them and they are living in that duaghter's house. That daughter and her husband are presently in Saudi Arabia and are anticipated back within the year. They would like to have their new residence constructed before their daughter returns. They do not want to move back to the old house but the only way that they can afford to build a new one at a location where the sound levels will not be a problem is for them to sell the old house. We believe this is reasonable as this is the only way they can continue to live adjacent to theii one daughter at this location. We are hopeful that the County planning staff will consider these rather strong motivations and recommend to the County Commissioners that the Recorded Exemption be allowed. Please advise when this matter is scheduled for hearing before the County Commissioners. Chuck Cunliffe -2- December 3, 1979 Delivered to you with this letter is the original mylar of the property. Yours truly, \ , _____--\\: _i•- ._--- ____.. `?`"--- '2 Harlan C. Stientjes HCS/ch Enclosure P.S. Please do not schedule the hearing on this matter until after January 7, 1980. 153 910117" DEC 7979 �5 rr, Weld County C, Planning CoM171iSSiel a L • LITTLE T1 5N' '.ON VALLEY WATE ) r -TRICT DIRECTORS TELEPHONE 532-2096 DEAN G. ANDERSON 307 WELCH AVENUE LOUIS F. REIN • DRAWER G DAVID MCGEE BERTHOUD. COLORADO 80513 E. THOMAS RICORD CAREY J. SALOMONSON MANAGER: LOVILO H. FAGAN July 25, 1979 - I ir. William Webber 17602 1-25 Access Road East Platteville, Colorado 80651 Dear Mr. Webber: The Little Thompson Water District will supply a domestic water tap to property owned by you located in Section 2, T3N, Rnage 68W, Weld County , Colorado upon receipt of a tap fee and compliance with the rules and regulations of the District. Very truly yours: LITTLE TIIOI-IPSON WATER DISTRICT - . • • 7/77 • . Lovilo H. Fagan, Manager • • LHF/cg . cc: r 115.. . C00 \•PL(....)f �f` � COLORADO STATE DEPARTMENT OF HIGHWAYS F �sus^ N ..4:24,,, ,,/ ,,,;‘,,,,,, DIVISION OF HIGHWAYS Weld County 1876 I-25 Front. Rd. August 22, 1979 Webber Lot Size Var. 1 Mi . E. and 1 .5 Mi. N. of Mr. Chuck Cunliffe Mead Department of Planning Services Weld County DOH FILE 45100 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: We have reviewed the application from William and Esther Webber for a Lot Size Variance, and we have the following comments. . 1 . To the extent possible, we feel that future access needs should be served by existing driveways on the Interstate 25 Frontage Road. If additional access is necessary, it should be provided by joint driveway utilization. Any new access will require a Driveway Permit from Mr. David N. Fraser, District IV Maintenance Superintendent, P. 0. Box 850, Greeley, Colorado 80632. 2. Measures should be taken to insure that highway traffic noise does not adversely affect new residential structures. To adequately protect new structures, we recommend a setback of at least 150 feet from the center of the frontage road or noise-insulated building construction. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER r 7-(47,1-71 LL -C 2 Albert Chotvacs , . Assistant District Engineer AC:da • cc: D. M. Bower ��2?232�2546 D. N. Fraser (2) File: Crier-Jacobson via Raines-Finch-Graham (lO �� w/encl . AUG 1979 `� RECEIVED o LL% Were rouRt� :s.e..., Manning �cf�,�issio� Cu cf?c! 8 �4 �i016L�' P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 4' _,,,, F7 ELD CnCI; FILING NUMBER: L„Sy ^ \ CI) DATE OF INSPECTION: AUG 2 197g NAME: WW1 . ftr \C\ \i\leb\aar REQUEST: p4- S\'2,ed VavAlcoeNce, LEGAL DESCRIPTION: rk, 1\3W 2 ) 1 ' \ A bv\i LAND USE: N �(\ cu\ Y0. E i‘ S 11 111 A-wcek. k RoN4. ZONING: N \CUArky k LOCATION_. 1 eas4- 0.h O. E tik VN°eS he)rA4‘ 6t104 W20.64. �s N.\ s u Orv4r a COMML•NTS: r-9 Ye) \YY1 �(0 ' T •C. • \ .�J$.YY� • YE S , � �M.� T �.A� Y1 �( �1 v��-eo\� C 4rY1�. 1"\1-e.r2 0.\S0 jaccsitta_ 4,-Vt ep pro 11s•r w4,‘�‘, S iexs� ke,a- to\-f-% kzstIi tx ° y-t5 \1\ cvVN -ov+x5 . ?tbiefreA . 1- Vvirti cow\cLasL.. c,e koira.t, kocoireb: ri)letTAA-N-A ‘5 rid\-- c tA1 I b1jc y414 at-cc)._ 'Q OLs‘-v..Y 2. 0+1 FIELD CHECK FILING NUMBER: LSV-103 :80: 3 DATE OF INSPECTION: 8/14/79 NAME: William and Esther Webber REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt . NWQ Section 2, T3N, R68W LAND USE: 21 Agricultural E Agricultural S Agricultural/Residential jq Agricultural across I-25 ZONING: N Agricultural LOCATION: 1 mile east and 1-1/2 E Agricultural mile north of Mead, east side of S Agricultural I-25 frontage road _ �q Agricultural COMMENTS: Lot size variance parcel is in pasture and/or hay grasses. The existing residence and improvements are located in the northeast corner of the parcel. Five (5) houses are located between the house on subject property and County Road 36 on the south end of the section. The closest residence is on a two acre parcel excepted from subject property. 'Intensive farming occurs east of subject property. Land to the south containing above referenced residences is also pasture use. The southern parcel contains a greyhound kennel use. • • • BY: c•�-- • REFERRAL LIST cn O APPLICANT Wm. Webber H A CASE # -LSV 106 REFERRALS SENT OUT ON : N/A cn o z REFERRALS TO BE RECEIVED BY N/A o a� Cl)r1 H z U U 0 H P4 h w Cl)PO 1-4 ww o U P4 z ra4 z REFERRALS RECEIVED County Attornoy AUG 2 2 B79 County Health x x AUG 23 19719 County Engineer x AUG 27 1979 Mead Planning Commission � 4y State Highway Dept . Hello