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Home My WebLink About810479.tiff RESOLUTION RE : APPROVAL OF LOT SIZE VARIANCE NO. 129 - STEVE BUCKNER 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 deter- mined, at a public meeting held on the 5th day of August , 1981 in the Chambers of the Board of County Commissioners of Weld County, Colorado , that a certain parcel of land owned by Steve Buckner, which land is more particularly described as follows : Part of the Southwest Quarter of Section 18 , Township 4 North, Range 68 West of the 6th P .M. , Weld County, Colorado WHEREAS , the owner of said parcel of land desires to obtain a variance from the minimum lot size requirement so that said applicant may apply 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 applicant has 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 Commissioners of Weld County, Colorado that a variance from lot size requirements be , and hereby is , granted to Steve Buckner 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 5th day of August , A. D. , 1981 . J� �J BOARD OF COUNTY COMMISSIONERS ATTEST :1- T y,/ jsoi&— C NTY, RADO Zl.tb Weld County Jerk and Recorder (Nay) an Clerk to the Bo rd (Aye ) Norman ar}son Pro-Tem B : ( (Aye ) Deputy n Clerk C-. j,r, , K rby x.. APPR VED AS TO FORK J,ohfn- . Martin /i. (Aye ) O Absent date signed (Nay) County Attorney June K . Steinmark (�L DATE PRESENTED : AUGUST 10 , 1981 010479 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 August 5, 1981 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Lot Size Variance #129 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance by Mr. Steve Buckner. The parcel of land is described as part of the SW1 , Section 18, T4N, R68W of the 6th P.M. , Weld County, Colorado. This property is located one mile east of Berthoud. ✓ The property contains approximately 20 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) , so that they may make application for a recorded exemption. If this lot size variance is granted, Mr. Buckner will proceed with an application for a recorded exemption to divide the property into two parcels of approximately 10 acres each. Based upon the information submitted and the adopted policies in the County, the Department of Planning Service's staff recommends this request be denied for the following reasons: 1. This request does not comply with the Weld County Comprehensive Plan in that it would promote nonagricultural use of agricultural land and it would encourage urban encroachment on rural land use. 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) which states: "Intent - The intent in establishing the "A" Agricultural Zone District is to allow all agricultural regulated uses in those areas in which agricultural 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 district 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." Board of County Commissioners August 5, 1981 Page 2 The 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, and it would be promoting the continual division of agricultural land into smaller, less economic parcel sizes. 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) . Said clause states: "The intent in establishing the recorded exemption procedure is to provide, in accordance with the Weld County Comprehen- sive Plan, a means whereby nonproductive agricultural lands may 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 20 acre parcel is productive agricultural land. The parcel has Class II and III irrigated soils which is considered prime agricultural land. By further splitting the parcels for residential purposes, the land would essentially be removed from agricultural production. The Department of Planning Service's staff recognized that Mr. Buckner does have an existing lot with a potential building site and that the existing neighborhood contains several ten and twenty acre tracts. However, the Department of Planning Service's staff feels that an increased burden will be placed on the County by further subdividing the parcel and thereby increasing services required by residential development, as well as continuing inefficient and uncoordianted development adjacent to an incorporated town. esp tfully, Thomas E. Honn Zoning Administrator TEH:rjg APPLICATION FOR LOT SIZE VARIANCE PHONE : 35fi-4000 Ext . 400 Depa •Lment; of Plai;ning Services, 915 10th Street , Greeley , Colorado FOR PLANNING �D)EPARTMENT USE ONLY: CASE NO. LSO APPL. FEE ZONING DISTR CT RECEIPT NO. DATE -. r APPL. CHECKED B 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 18 T 4 N, R 68 W WELD COUNTY, COLORADO. LOT B, RECORDED EXEMPTION 1061 - 18 - 3 RE 98, JANUARY 18, 1974 (BOOK 707, RECEPTION NO. 1628629) TOTAL ACREAGE : 20.00 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes XX No RE #1061 - 18 - 3 -.RE 98, JANUARY 18, 1974 FEE OWNERS OF PROPERTY: Name : ,SJEVEN L. BUCKNER Address : 1351 CLEVELAND AVE. . LOVELAND. CO. 8_0537 Phone : 669-4600 Name: Address : Phone : Name : Address: Phone: LITTLE THOMPSON VALLEY WATER SOURCE : Larger Parc:C1WATER DISTRICT Smaller Parcel SAME TYPE OF SEWER: Larger Parcel SEPTIC Smaller. Parcel SiPTIC PROPOSED USE : Larger Parcel RESIDENTIAL Smaller Parcel RESIDENTIAL EXISTING DWELLINGS : (Yes or No) yEs (Yes or No) NO 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) 'Signature: Owner or Authorized Agent Subscribed and sworn to before me this ,77s day of .tee- , 19 - y SF,'AL • Notary Public My Commission Expires Sept.15,1984 X My Commission expires: 804-80-031 - - - =_=. LSU 129 : 7 __ _7 : :- 7- 31 - SI -_ : 8uane,v Lot Sit Ja*ri wce. -_-7A_ _=c:..:?:=02, : . Stitt Sec leo %Tel J , aGBuj __ : : A3 k small -hrach E A5 s p5isoli!Iv 4 LOC TI ON: I kit MI Fr } 0 E /I 01111oad 4 r u y fh i 5b S It a w I C0!!',!EN • '' II nn ,c. v o rLoo4 is �res .Kfl wail 2isik.9.• • bo-IL im 0/3 igt dolt. s watts . Filtosr s �� - � �- 35. S � a� irt5 -43) .bias .W\ I re t a FOS L‘M.-. (Of 1 I triAth aril (Al I BY: S alkte.— Pne_7q_n11 -- `/ COLOR.,DO STATE DEPARTMEN I OF HIGHWAYS * ,* DIVISION OF HIGHWAYS Weld County 18-16 SH 56 July 28, 1981 Buckner Lot Size Var. li Mi. E. of 287 on N. Side of 56 DOH FILE 45100 Mr. Thomas E. Honn Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Honn: We have reviewed the application from Steve Buckner for a lot size variance, and we note that a 30-foot Access Road Easement is proposed along the east property line. The construction of a new driveway on State Highway 56 within this easement will require an Access Approach Permit. An Application for this permit can be obtained from the District IV Maintenance Superintendent at the address printed below following County approval of this variance. No other access to the highway from Lot 1 should be necessary. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Albert Chotvacs Assistant District Engineer AC:da cc: D. M. Bower t D. N. Fraser (2) . . File: Crier-Jacobson-Ramer - w/encl . P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development June 29, 1981 PROJECT NO. 81072 Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 RE: LOT SIZE VARIANCE PART OF SECTION 18, T4N, R68W WELD COUNTY, COLORADO Gentlemen: Attached is the Application and supporting information on this request. Mr. Steve Buckner purchased the property shortly after it was divided by Recorded Exemption in January 1974. Due to the changing market conditions and the parcel size of the surrounding parcels, he desires to resubdivide the 20 Acre tract into two 10± Acre tracts. Our research shows Section 18 has been divided into 28 parcels , with '15 of these being 10± Acres or less, the smallest being 1.0± Acres. Twenty-four of the parcels have frontage and direct access to public roads. The remaining four parcels have private access easements. At this time, there is no need for any internal roads or easements to provide access to the properties. Due to the previous divisions, the Section appears to have lost its economical use as agri- cultural land. If you have further questions , please contact us. Please advise us of the hearing time. Respectfully, McRae & Short, Inc. Q>a Gerald B. McRae, P.E, & L.S. cc: Steve Buckner i•�l 'i tr ,,, .-4,!--,,,,--, 3-r �..y 74 `'�, 4 -; I .its., A. 4 . .t 4 $ — ''yj -44 ,{{ \ r d 1 80f IF .' ii x tw is n r ;-t !,',44',.;:,,i, I! A. 4- p . 8 dIi .:,.:•.;:,.4. i *X. �ft ' + �'e'J1t �AE i u s+x . I7/�.y'� tld , • ! '> tl*, q- '� ',rwdn J t I ,k" iit: 11 y its. , ,. .. , , , r, 1 , 4 , ..77 _el L• i ... .‘, 1+ a " ,t 1 : .. , .,,,. , 4, . _ . i L_ '6 j ''. 41 ' 14 r, 8 � l j #} }, '� i � ' 1 {'c"' 1 ti,l'' # t 1 • . ,„, , , !tllyr; o'i.4 :-I «.r. ! ti,„,„,11. •.,i: , ir L, .p44 ,.$ttfi 1,4, ..i. A,,I,- ” • , r,;L,r,LLi -_,.._.iLL i t �, ...i ff.Lr, p ,., .,, i :,.., i , .i LI ,1/4„. , -.; :, fi,, St-II 4xY z a t 1. , B a # \c7' .y' '?�" , ,4.8"S,-I-4$;44, e q• tttt Y t + t u i e. f 4a:4T! T ! *, li ' ,. •I -.4 14I 444A" .'°: ii t s tJ..-. a •pi i.' A it S R1v ''.I.44,4, p + . 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[: _ � + � � •� 8H r' ��1,T( x 1 I t w i �t Ecrfh //We 614.11/4 49.4-687 -i_ \ tr):% AIP(it ll Presen f \ 1/411 o C51 , Shore CSS.• Line 41... •c Seale /"`3oo7' ty.' p i MI t.t1; j Lot 2 • ,; Y) 2'9.8 Acres Cir) •---t t;•• /rr; �( v 9or�; :1-; i t•: -• 4. :c C, • h 3 i ; h L071 / + /o.2 Acres 4) O I 01/4) k. v Q I c389'a✓Cornea- 3'Z' 39•� 51 . a .. rig R48141 I 97. 62' 44* kM ward ca. -----7457F,17---A Colorado thlaito Highway 56, A k ly; o S a ffi • JJ I co A a t_ 09 II Nm Vl N a 68 co 3 r' �, 1vvv x o N Q 8 r i Ll Pll O ,..r.,..f t 3a` Fu , a m 04 I 0 O !II!), . a I v•. r 1L I� IIc_ �� 1. it -' ' / , " � IL + N� I •; •L iL L 1 •rJ • ••• .i ___11,..i � 0 A , rai 4 �AcRAE&SHORT INC. �� 1227 - 8th Avenue - c (1;i � X11 e — oGreeley, Colorado 80631 ti , T 4 P-oj. 4./o. 8/O72 REFERRAL LIST APPLICANT: Steve Buckner CASE NUMBER: LSV-129 SENT REFERRALS OUT: July 6, 1981 REFERRALS TO BE RECEIVED BY July 29, 1981 C c Cl) z z o m o H < UU) 0 H H 6 W )v F 2 2 W U 2 W U U 2 0 ') W E U O0U O m Oel 00 O mW U Z U) W 2 Z U)) R' Z County Attorney (plat only) fXX_ Weld County Health Department Engineering Department XX -- County Extension Agent Colorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer Division of Water Resources Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 J Town of Berthoud c/o Annette Sterkel, Clerk P.O. Box 116 Berthoud, Colorado 80513 X LEGAL DESCRIPTION \a -' S CASE NO. Lw gay r .l + } y3 a 42 18 ( NEWELL _ LAKE \ � 42 • 82 4 .4 4 67) SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED A 83 I -H• -- 1 1 Hello