HomeMy WebLinkAbout800491.tiff RESOLUTION
RE: DENIAL OF LOT SIZE VARIANCE NO. 119 : 80: 16 - RAYMOND AND
MARLYS TOWNSEND.
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 has determined at a public meeting held on the 17th day
of December, 1980 , in the Chambers of the Board of County Com-
missioners of Weld County, Colorado that a certain parcel of
land is owned by Raymond and Marlys Townsend, which land is
more particularly described as follows, to-wit:
Part of the East Half of the Southeast
Quarter of Section 5 , Township 2 North,
Range 67 West of the 6th P.M. , Weld
County, Colorado, more particularly de-
scribed as follows: Beginning at the
Southeast Corner of said Section 5 , and
considering the East line as bearing
North 00°00 ' 00" East, and with all other
bearings contained herein relative there-
to; Thence North 00°00 ' 00" East, along
the East line of said Section 5 , 1039 . 00
feet to the True Point of Beginning;
Thence North 89°43 ' 09" West, 1322 . 08 feet;
Thence North 00°06 ' 18" West, 1150 . 01 feet;
Thence South 89°43 ' 09" East, 1324 .19 feet
to a point on the East line of said Sec-
tion 5;
Thence South 00°00 ' 00" West, 1150 . 00 feet
along the East line of said Section 5, to
the True Point of Beginning.
WHEREAS, Raymond and Marlys Townsend desire to obtain a
variance from the minimum lot size requirement so that they may
make application for a recorded exemption, as set forth in Sec-
tion 9-4 .A. (6) of the Subdivision Regulations, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, 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 and that approval of this
request could cause urban development in unincorporated areas
and would put additional, unfair pressure on agricultural units .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that a variance from lot
000491
size requirements be, and hereby is, denied to Raymond and Marlys
Townsend 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.
q (' 4 4. ',_ •
BOARD OF COUNTY COMMISSIONERS
ATTEST: P Ca//qc c w,a,. F :?' AarI WELD COUNTY, COLORADO
Weld County (Clerk and_Recorder /1'�l!i,.<�Ly (Aye)
and-, Clerk to the $4a d C. W. Kirby, Chairman
By: ,�� ABSENT DATE SIGNED (Aye)
Deputy oun C erk Leonard L. Roe, Pro-Tem
RP O D AS T (No)
Norman Carlson
County Attorney yd " a- , (Aye)
it yd a�n ar
/ - ..%i .(Aye)
ne K. 'Steinmark
/ /
/ /
/ ;/
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DATE PRESENTED: DECEMBER 22 , 1980
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
illiDC December 3, 1980
O
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Lot Size Variance #119:80:16
Dear Commissioners:
The attached letter and related materials are in reference to a request
for a lot size variance from Raymond and Marlys Townsend. The property
on which this request has been made is described as part of the East z
SE4, Section 5, T2N, R67W of the 6th P.M. , Weld County, Colorado. This
property is located 21 miles north and 3/4 miles east of Firestone.
The property under consideration contains approximately 35 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 Sub-
division Regulations, so that they may make application for a recorded
exemption.
Mr. and Mrs. Townsend wish to divide the property into parcels of 5 acres
and 30 acres. A residence exists at the present time on the proposed 5
acre 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 proposed request does not comply with the Weld County
Comprehensive Plan because it would promote nonagricultural
use of agricultural land and it would encourage urban en-
croachment on 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 develop-
ments 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
fo the Comprehensive Plan.
Board of County Commissioners
December 3, 1980
Page 2
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 encourag-
ing 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 parcel contains
only one set of improvements. This request would allow
another residence to be built on the remaining 30 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 Subdivision Regulations which states:
"The intent in establishing the Recorded Exemption
procedure is to provide, in accordance with the Weld
County Comprehensive Plan, a means whereby nonproductive
agricultural lands may be developed for higher or more
productive uses, in-so-far as such uses are compatible
with surrounding agricultural uses in areas where such
land divisions are proposed".
However, based on the soil classification and size of the
parcel, this property may be considered productive agri-
cultural land. Further, the nature of the
request is not providing for the orderly expansion of urban
growth in accordance with the Comprehensive Plan. The De-
partment 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 in 80 acres and for nonirrigated parcels
is 160 acres. The intent is to maintain tracts which are
large enough for farm purposes, and to assist in the en-
couragement of agricultural uses as the highest and best
use of the land. This request in conflict with that intent.
Respectfully,Ols Vickie Traxler
Assistant Zoning Administrator
VT:rg
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 ti I9: $o :I b APPL. FEE 25.43c2
ZONING DISTRICT Apycej,A+wrz, RECEIPT NO. II ygq
DATE IV-11.70, APPL. CHECKED BY t4T
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: Section 5 T 2 N, R 67 W
Part of the East 1 of the SEl4
TOTAL ACREAGE : 35 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 : Raymond D Town gan rl and Marlys Tomncand
Address : 11335 Weld County Road 1h Longmont , Co Phone : 785-6157
Name :
Address : Phone :
Name :
Address: Phone :
Well or
WATER SOURCE : Larger Parcel Domestic Water Smaller Parcel well
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel septic
PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Rural Residential
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) vi;trrull/f • vn r rghature : Owner or Authorized Agent
Subscribed and sworn to before me this 4:57//day of y),„xAa , 19 .F6
SEAL
Notary Public g
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My Commission expires :
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October 21, 1980
LEGAL DESCRIPTION FOR:
Raymond D. & Marlys Townsend' pert of-thisEast Half f North,, Range 67 West(of/the 2) otth P.f the M. ,t Weld tCounty, Colorado,osor'e Pepe{rtcdT 01)... �
described as follows: Beginning at the Southeast Corner of said Section 5. and con-
sidering the East line as bearing North 00° 00' 00' Cast, and with all other bearings
contained herein relative thereto; Thence North 00' 00' 00" East, along the East line
of said Section 5, 1039.00 feet to the True Point of Beginning;
Thence North 89° 43' 09" West, 13.2.08 feet;
Thence North 00° 06' 18° West, 1150.01 feet;
Thence South 89° 43' 09" East, 1324.19 feet to a int on the East line of said
Section 5;
Thence South 00° 00' 00" West, 1150.00 feet along the East line of said Section 5,
to the True Point of Beginning.
coptbar with 17 !hares of Coal Ridge Water and all mineral richte.
October 21, 1980
Weld County
Department of Planning Services
Re: Lot Size Variance
Part of the Eli of the SE1 , Sec. 5, T2N, Range 67
I feel that this request for a lot size variance should be
granted for the following reasons. I would like my property
to be used to its highest and best use and currently the front
ten acres are dry land and cannot be irrigated due to the
lack of sufficient shares of water and contour of the land.
The home and outbuildings currently on the proposed smaller
parcel could be used for an excellent horse property and the
dry land with this parcel for a horse arena or riding area.
This would allow the use of the other five dry acres to situate
a home for the farming of the back 25 acres. Having the property
in two parcels with the ability to use the 10 dry acres for 2 homes,
I feel, we would be using the land to its best potential.
Sincerely,
Raymond Townsend
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LEGAL DESCRIF iONJJtE` 5E`4 542 -1
CASE NO. 1.SV-
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SOIL CLASSIFICATION
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FIELD CHECK
FILING NUMBER: LSV-119:80:16 DATE OF INSPECTION: 11/17/80
NAME: Raymond and Marlys Townsend
REQUEST: Lot Size Variance
Pt. E2 SEA Section 5, T2N, R67W
LEGAL DESCRIPTION:
LAND USE: N Agricultural
E TT
S
W Agricultural
ZONING: N Agricultural
LOCATION: 2 1/2 miles north and 3/4 mile E
east of Firestone
Agricultural
COMMENTS:
Property has house and small barn located in the northeast corner of the property.
Balance of property appears to be irrigated pasture or hay. Irrigation ditches run in
north and south direction. Accesses are existing. County road 17 is gravel surfaced.
Appears to have been oil company drilling on west end of property recently. Graveled
access road runs along south end of property and turns north into site which has been
cleared off. Residence located north of parcel and a couple to the south and east.
•
BY: °SCUM. QMS141,kipi
REFERRAL LI ST
zAPPLICANT Raymond and Marlys Townsend
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CASE # LSV 119:80:16
REFERRALS SENT OUT ON: 11-14-80
REFERRALS TO BE RECEIVED BY: November 26, 1980
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