HomeMy WebLinkAbout740405.tiff FINDINGS AND RESOLUTION
CONCERNING LOT SIZE VARIANCE REQUEST
PETITION OF MILFORD HART
The Petition of Milford Hart, Greeley, Colorado,
requesting lot size variance under Section 9-4A(6) of the
Weld County Subdivision Regulations of two parcels of land
more particularly described as follows , to-wit:
PARCEL #1:
A tract of land located in the South Half
(Sh) of Section 21, Township 6 North, Range
64 West of the 6th P.M. , Weld County,
Colorado, being more particularly described
as follows:
Beginning at the Southeast Corner (SE Cor)
of said Section 21 and considering the South
Line of said Section 21 as bearing South 89°
31' 31" West, with all other bearings con-
tained herein relative thereto; Thence South
89° 31' 31" West along the South line of said
Section 21, 3247. 05 feet to the point of be-
ginning; Thence South 89° 31' 31" West along
the South line of said Section 21, 672. 06 feet;
Thence North 11° 12' 13" West, 124 . 65 feet;
Thence North 51° 04 ' 17" East, 107. 65 feet;
Thence North 32° 46' 22" East, 118. 58 feet;
Thence North 12° 58' 00" East, 142. 27 feet;
Thence North 07° 28 ' 13" West, 146. 97 feet;
Thence North 30° 57' 28" East, 113. 40 feet;
Thence North 64° 54 ' 33" East, 219. 92 feet;
Thence North 65° 03' 22" East, 187. 30 feet;
Thence South 88° 20 ' 53" East, 113. 00 feet;
Thence South 00° 19' 40: West, 834 . 67 feet
to the True Point of Beginning.
Said parcel of land contains 10. 007 acres,
more or less, and is subject to any rights
of way or other easements as recorded by
instruments of record or as now existing on
said parcel of land.
PARCEL #2:
A tract of land located in the South Half
of Section 21, Township 6 North, Range 64
West of the 6th P.M. , Weld County, Colorado,
being more particularly described as follows :
Beginning at the Southeast Corner of said
Section 21, and considering the South line
of said Section 21 as bearing South 89°
31' 31" West, with all other bearings con-
tained herein relative thereto; Thence South
89° 31' 31" West, along the South line of
said Section 21, 1955. 55 feet to the True
Point of Beginning; thence South 89° 31'
31" West, along the South line of said
Section 21, 1291.50 feet; Thence North 00°
19 ' 40" East 834. 67 feet; Thence South 88°
20 ' 53" East 216. 56 feet; Thence North 63°
20 ' 08" East 305. 54 feet; Thence North 70°
42' 37" East 504. 81 feet; Thence North 63°
pLII53
), 7 ) 'T /
06' 46" East 367. 83 feet; Thence South 000
19 ' 40" East 1287. 96 feet to the True Point
of Beginning.
Both of the above-described parcels of land
contain approximately 42 . 532 acres, more or
less,
came on for hearing on October 16th , 1974, and the Board of
County Commissioners of the County of Weld, State of Colorado,
having heard the testimony and evidence adduced upon said
hearing and having considered the testimony, evidence,
remonstrances and recommendations of the Weld County Planning
Commission filed with said Board, and having carefully weighed
the same, now makes the following findings:
1. The evidence discloses that the applicant failed
to sustain the burden of proof as to the need for a lot size
variance, and that good cause has not been shown why such a
variance should be granted as required by Section 9. 4 A(6) of
the Weld County Subdivision Regulations.
2. The evidence discloses that the proposed land
division is not in conformance with the intent of the recorded
exemption procedure which is defined as "a means whereby non-
productive agricultural lands may be developed for higher or
more productive uses, insofar as such uses are compatible with
surrounding agricultural uses in areas where such land
divisions are proposed" .
3. The evidence and investigation show that the
property in question is composed of class III and class IV,
irrigated agricultural lands.
4 . The evidence discloses that the proposed land
division does not conform to the Weld County Comprehensive
Plan in that it promotes non-agricultural use of agricultural
land.
5. That each of the preceding findings in and of them-
selves and independent of each other constitutes a separate
and individual ground for denial of a lot size variance under
Section 9-4 A(6) of the Weld County Subdivision Regulations.
RESOLUTION
WHEREAS, the Board of County Commissioners of the
County of Weld, State of Colorado, has heard the application
of Milford Hart, Greeley, Colorado, for a lot size variance
under Section 9-4 A(6) of the Weld County Subdivision Regulations,
of two parcels of land as hereinabove recited and made a part
hereof by reference, and
WHEREAS, said Board has made its findings on the
evidence and testimony submitted to it, which findings precede
this Resolution and by reference are incorporated herein and
made a part hereof, and
WHEREAS, the Board has carefully considered the
Petition, the evidence, testimony and remonstrances and the
recommendations of the Weld County Planning Commission and
have given the same such weight as in its discretion deems
proper, and is now fully advised in the premises.
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NOW, THEREFORE, BE IT RESOLVED, that the petition
of Milford Hart, Greeley, Colorado, requesting a lot size
variance under Section 9-4A (6) of the Weld County
Subdivision Regulations, of two parcels of land indicated
above be, and it hereby is denied on each of the grounds
set forth in the Board' s findings therein.
Made and entered into this 30th day of October,
A.D. , 1974, nunc pro tunc as of October 16t1 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: ,:;2. 1,,-c_.. �G'4`:
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Weld County Clerk and Recorder „ ,
and Clerk to the ard ' °`
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Deputy Cou y Clerk E ' 1
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APPROVER AS TO FORM:
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County Attorney �
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RECEIPT FOR CERTIFIED MAIL-304, (plus postage) t ,: j1
SENT TO POSTMARK
:ir a
Milford E. Hart OR DATE
STREET AND N0. € r
CO 916 8th Ave.
(_1.) P.O., STATE AND ZIP CODE -1
Greeley, Colo. 80631 10/31/74
) OPTIONAL SERVICES FOR ADDITIONAL FEES I
CO RFTURN 1. Shows to whom and date delivered 15¢RECEIPT r
With delivery to addressee only 65¢ �� r
T. Shows to whom,date and where delivered 35¢
SERVICES With delivery to addressee only 85¢
DELIVER TO ADDRESSEE ONLY 5.0d ^' ``
Q SPECIAL DELIVERY (extra fee required)
Z PS Form 4 s'
NO INSURANCE COVERAGE PROVIDED- (See other side)
Apr. 1971 3800 *GPO.1972 NOT FOR INTERNATIONAL MAILO—400-743 a ' + i'�"°
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,�` �~ OFFICE OF THE PLANNING COMMISSION
1 - BURMAN LORENSON
r PLANNER
PHONE (303) 353-2212 EXT.227,228& 229
COUNTY SERVICES BUILDING
GREELEY,COLORADO 80631
willO .•
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COLORADO
October 7, 1974
Board of County Commissioners t
Weld County, Colorado
County Courthouse
Greeley, Colorado 80631
RE: Lot Size Variance #2:74:2
Dear Sirs:
The attached letter is in reference to a request, by Milford Hart, for
a Lot Size Variance under ,Section., 9-4A(6) of the Weld County Subdivision
Re-uTi ona. -- Thi s vari ance is desired on��a tr�ict of� 2:Ii8" acres�`-
9Y
it it gat d arm land so that a Recorded Exemption can be applied for.
Under existing regulations, the following is required:
"9-4.A(6) - That the original tract or parcel of land to be
divided under this Section meets the minimum lot size re-
quirements established by the Weld County Zoning Resolution;
variance from this requirement being allowed only upon good
cause being shown to the Board of County Commissioners or
where said tract or parcel of land lies within the compre-
hensive plan area of an existing incorporated town of Weld
County."
Under this requirement, the Hart property must contain 80 acres in order
to meet minimum lot size requirements, unless a variance is granted by the
Board of County Commissioners.
Based upon the information submitted and the requirements of Weld County,
it is recommended by the Weld County Planning Commission staff that this
Lot Size Variance request be denied due to the following:
1 . It is the opinion of the staff that good cause has not been
shown why such a variance should be granted as required by
Section 9-4.A(6) of the Weld County Subdivision Regulations.
WELD COUNTY COMMISSIONERS
HARRY S.ASHLEY
GLENN K. BILLINGS
ROY MOSER
Board of County Commissioners
RE: Lot Size Variance #2:74:2
October 7, 1974
Page 2
2. The proposed land division is not in conformance with
the intent of the Recorded Exemption procedure which
is defined as "a means whereby non-productive 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". The property in question is composed of Class
III and Class IV irrigated agricultural lands.
3. The proposed land division does not conform to the Weld
County Comprehensive Plan in that it promotes non-agri-
cultural use of agricultural land.
Res7 fully 7,t /ed,
homas E. Honn
Zoning Administrator
TEH/lj
Attachment
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R �cA L T ORS \r, `fie, JV �,\SS,p1i O
COMPLETE REALTY SERVICE -
Phone (303) 352-6570
916 8th Avenue—Greeley,Colorado-80631 September 9, 1.974
Board of Weld County Commissioners
c/o `geld County Planning Commission
Courthouse Annex
Greeley, Colorado 80631
Gentlemen;
Thisletter is to apply for permision to apply for a recorded exemption
to divide all holdings I own in the South one half of Section 21, T6N, R64W
of the 6th PM 'n Weld County into two parcels as follows:
Proposed parcel #1. A tract of: land located in the South Half (4g) of
Section 21, T ship 6 North, Range 64 West of the 6th P.M., Weld County,
Colorado, being more particularly described as follows;
Beginning at the Southeast Corner (SE Cor) of said section 21 ando
considering the South Line of said Section 21 as bearing South 89
31' 31" :'est, with all other bearings contained herein relative thereto;
Thence South 89°31'31" West along the South line of said Section 21,
3247.05 feet to the point of beginning;
Thence South 89°31'31" West along the South line of said Section 21,
672.06 feet; Thence North 11 12'13" West, 124.65 feet; thence North
51°04'17" East, 107.65 feet; thence North 32°46'22" East, 118.58 feet;
thence North 12°58'00" East, 142.27 feet; thence North 07°28'13" West,
146.97 feet; thence North 30°57'28" East, 1130.40 feet; thence North
64°54'33u East, 219.92 feet; thence North 65 03'22" East, 187.30 feet;
thence South 88°20'53" East, 113.00 feet; thence South 00°19'40" West,
834.67 feet to the True Point of beginningr
Said described parcel of land contains';. 10.007 ,acres, more or less,
and is subject to any rights of way or Obher easements as recorde by
instruments of record or as now existing on said parcel of land.
Prpposecr parcel #2. A tract of land located in the South Half o ction
21, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado,
being more particularly described as follows:
Beginning at the Southest Corner of said Section 21, and considering
the South line of said Section 21 as bearing South 89°31'31" West, with
all other bearings contained herein relative thereto; Thence South
89°31'31" West, along the South line of said Section 21, 1955.55 feet
to the True point of beginning; thence South 89°31'31" Wes along to
South line of said Section 21, 129.50 feet; thence North 00619'40"
Last 834.67 feet; thence South 88 20'55" East 216.56 feet; thence North
63°20'08" East 305.54 feet; thence North 70°42'37" East 504.81 feet; thence Nobth 63°06'46" East 367.83 feet] thence South 000
19'40" East 1287.96 feet to the True point of beginning.0
Said land is irrigated and has o set of improvements, so onYy one more
building permit will be re .._ ed at ' s time. Total acreage of both parcels
above described is apprg5c. 42.532), d this acreage has been divided from
a farm after August 30, 972_in--t0mpliance with Senate Bill 35, as I understand
it. To the best of my knowledge, there have been no recorded exemptions
issued, or applied for, on this farm. •
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