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Home My WebLink About790429.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 85 - BRUCE AND ROSALIE ADAMS. 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 March, 1979, in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain tract of land is owned by Bruce and Rosalie Adams, which land is more particularly described as follows: Tract in the Northeast Quarter of Section 13, Town- ship 5 North, Range 65 West of the 6th P.M. more particularly described as follows: Beginning at a point from whence the Northeast corner of said Section 13 hears North 00°49'00" West a distance of 30.02 feet and South 88°43'00" Fast a distance of 764.11 feet; thence South 00°49'00" Fast a distance of 190.00 feet; thence North 88°43'00" West a dis- tance of 753.79 feet; thence North 04°59'30" East a distance of 190.11 feet, thence South 88°43'00" East a distance of 737.24 feet to the point of begin- ning, containing 3.213 acres more or less, including a 10.00 foot strip on the West side reserved for road right-of-way but excludes the 30.00 foot strip reserved for public right-of-way along the North line of said Section 13, 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 Subdivision Regulations , and WHEREAS, the Board of County Commissioners of Weld County, Colorado feels that the applicants have 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 be, and hereby is, granted to Bruce and Rosalie Adams for the above described parcel of land. 790429 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of March, A. D. , 1979. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO j i (. t ' ,i,/,',11 l ,4:'`t-, /47.5k/ y� n / �.. / 7W-E ATTEST: � '�g�1Lr/ Weld County Clerk and Recorder and Clerk to the Board /eeputy County erk /LA/a ''-) c ,APP OY/D AS TO M FOR • </i/i0-n-- o � County Attorney Date Presented: March 26 , 1979 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 COLORADO March 21, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Lot Size Variance #85 Dear Commissioners : The attached leter and related materials are in reference to a re- quest for a lot size variance by Bruce and Rosalie Adams . The property is located 3-1/2 miles east of Greeley and 3 miles north- west of Kersey. The property contains approximately 3 . 2 acres of Class II irrigated soils . The request is to obtain a variance from the minimum lot size requirement, Section 9-4A. (6) of the Weld County Subdivision Regulations , so that they may make application for a recorded exemption. If this lot size variance is granted, the Adams will proceed with their application for a recorded exemption to divide the parcel in- to two parcels of approximately 1 acre and 2 . 2 acres . The Adams desire to sell the 1 acre parcel to their mother . A second resi- dence would then be built on the 2 acre parcel . Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends this request be denied for the following reasons : 1. It is the opinion of the Department of Planning Services Staff that the proposal is not consistent with the intent clause of the recorded exemption procedure. Said clause states : Board of County Commissioners Page 2 March 21, 1979 "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- cultural lands may be developed for higher or more pro- ductive uses, insofar as such uses are compatible with surrounding agricultural uses in areas where such land divisions are proposed. (Rev. 4/17/74) The Plan urges residential development to be closely connected to and served by municipal utilities, and towns should be encouraged to service new developments within a reasonable service area from the town. The plan further indicates subdivision of land should conform to the overall development goals and policies . 2. It is the opinion of the staff that the proposal is not consistent with the intent clause of the A-Agricultural Zone District which states : "Intent - The intent in establishing the A-Agricultural Zone District is to allow all agricultural related uses in those areas in which agriculture is and should con- tinue to be the predominant land use. This district is intended to discourage encroachment of imcompatible uses upon the agricultural land in the 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 Compre- hensive Plan. (Rev. 12/29/76) The parcel is not prime agricultural land because of past divisions of land creating rural residential tracts . The nature of the re- quest is not, however, providing for the orderly expansion of urban growth. The Town of Kersey has stated that the land division is acceptable to their land use considerations . However, the Department of Planning Services Staff feels that if the area were to continue to develop in this manner, inefficient development will result. 3 . 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 : Board of County Commissioners Page 3 March 21, 1979 1 . "A. To assist orderly, efficient and integrated development. 2. B. To promote the health, safety, and general welfare of the residents . 3 . C. To ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities . 4. E. To encourage well planned subdivisions by establishing adequate standards for design and improvements . 5 . P. To assure the planning for and provision of an adequate and safe source of water and means of sewage disposal . Respectfully, Vickie Trailer Assistant Zoning Administrator VT/csd APPLICATION FOR LOT SIZE VARIANCE PRONE : 356-4000 Ext . 404 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : QUO CASE NO. %s TVA APPL. FEE 7J ' f-)-6 , ZONING DISTRICT Rnei.„a,.\.►4.re_ RECEIPT NO. /()/89 DATE _y?,-19 a APPL. CHECKED BY ;O, ii 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: Tract in NE1 Section 13 T 5 N, R 65 W of the 6th P.M. more particularly described as follows: Beginning at a point from whence the NE corner of said Section 13 bears N 00°49'00" W a distance of 30.02 feet and S 88°43'00" E a distance of 764.11 feet; thence S 00°49'00" E a distance of 190.00 feet; thence N 88°43'00" W a distance of 753.79 feet; thence N 04°59'30" E a distance of 190.11 feet, thence S 88°43'00" E a distance of 737.24 feet to the point of beginning, containing 3.213 acres more or less, including a 10.00 foot strip on the West side reserved for road right- of-way but excludes the 30.00 foot strip reserved for public licerighn of,waylalongnthe Colorado. North TOTAL ACREAGE : 3.213 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No XX FEE OWNERS OF PROPERTY: Name : Bruce H. Adams Address : 23852 Co. Rd. 58. Greeley. CO 80631 Phone : 199_6179 Name: Rosalie S. Adams 2 352-61:hone 7 Address : 23852 Co. Rd. 58, Greeley, CO 80631 P P Name : or ne Address: Phone : 30 Ext.7 560 Central Weld Central Weld WATER SOURCE: Larger Parcel Co.water Dist. Smaller Parcel co. Water Dist. TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic Residence Smaller. Parcel Residence PROPOSED USE: Larger Parcel (basically) 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 ) �Jl (% STATE OF COLORADO) t"` ' `tt"`''' Si ture: Owneir of,thorized Agent Subscribed and sworn to before me this/ Cj'lA day of February , 19 79 . SEAL c 1 ',�itJ Aft,a _ �"S SL P-61 }I � WINEX7RI3 tk2X Deputy Clerk of the District Court of Weld County , Colorado My-commission-expires : 23852 Co . Rd. 58 Greeley , CO 80631 February 9 , 1979 Department of Planning Services 915 10th Street Greeley, CO 80631 Re : Request for Lot Size Variance Portion of NE* of 13-5-65 , Weld County Bruce H . Adams and Rosalie S . Adams, Joint Tenants Gentlemen : The property we are wanting to split is in an area zoned for agriculture , but nothing would be taken away from the agriculture community by the split and the building of another house . The parcel is located in a chopped up area with small acreages on the East and South, a farm with approximately 70 acres to the West (with their house and yard adjacent to the West end of our property) , and County Road 58 on the North. The property is not large enough to be farmable as it is 3 .21 acres . With the cost of equipment today , there is no way it would be feasible to try and farm it , and it would only qualify as a "nuisance" if we tried to rent it out or hire the work done . The split would not encourage other divisions like it , as there is not the accessibility needed to the other parcels in the area that we have . Our parcel is approximately 190 ' x 764 ' , with the 764' being parallel to County Road 58 . Even with the split , which would give the smaller portion a frontage of approximately 230 ' , there would remain better than 520' of frontage . We don ' t believe any of the other acreages in this location have frontages exceeding 200 ' , and they all presently have a house to the front with most of them having corrals and pasture to the back. The acreage is located in the small area between the planned growth areas of Greeley and Kersey . While it is within three miles of Kersey , their projection does not extend to our location. Being this close to the two growth areas it would not seem that building a house on the larger portion of this property could contribute to the needs of roads , etc. , as there would be a natural flow between the areas . Department of Planning February 7, 1979 Page 2 The house presently on the property would be split off with one acre and be sold to Bruce ' s mother. She recently sold the family farm, which included her home . The farm is located close to our property and she wants to stay close to the land that she lived on for so long as well as to live close to us . In all sincerity we cannot believe the split could be a detriment to the County . It certainly would increase the tax base . There is no problem with the accessibility of water and with the porous soil septic tanks do not cause any problems . The property as it now stands is not a useful piece of ground other than as a small pasture . It is an ideal place to live ! Very truly yours ,`,"/( Bruce H. Adams l� aft_ LCL c�- R6salie S . Adams 6h. S CENTRAL WELD COUNTY WATER DISTRICT DALE D. OLHAUBEN PH NE ( 03)STREET GREELEY. COLORADO 80631 � PHONE (3031 352-1284 MANAGER \ ��/ D January 24, 1979 Mr. Bruce H. Adams 23852 Weld County Road 58 Greeley, Colorado 80631 RE: Water Service Dear Mr. Adams: This letter is in response to your request for the availability of additional water service for the following described property: SEE ATTACHED LEGAL DESCRIPTION Water service is presently available to the above described property by tap number 1 . Additional water service can be made available to this property provided all requirements of the District are satisfied. Central Weld County Water District requires that contracts be con- sumated within one year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT Dale D. Ol ausen �C �eL Manager � " DDO/sb I< A tract of land situate in the Northeast Quarter (N,,,), Section Thirteen (13), Town- ship Five (5) North, Range Sixty-five (65) West of t::c 6th P.M. more particularly 'f described as follows; Beginning at a point from whence cae NL corr. :r of Said Section ((,,; 13 bears N 00"49'00" W a distance of 30.02 feet and S 88'43'00" c. c_ Lance of 764.114' '4;,~ feet; thence S 00'49'00" E, a distance of 190.00 feet; thence N 88'43'00" W, a dis- tance of 753.79 feet; thence N 04'59'30" 2, a distance of 190.11 feet, thence S 88' ✓(:)•' 43'00" E a distance of 737.24 feet to the point of beginning, containing 3.213 acres :0''Jr more or less, including a 10.00 foot strip on the West side -eserved for road right-oriel way but excludes the 30.00 foot strip reserved for public right-of-way along the North line of said Section 13, Weld County, Colorado. {le y. 2 or a; F 1 reeleq IXat.pnt y '7: Nt cif 4 i`Ft � r � ti J �1 ..`� tt f 4 a'+ icy 44 b 3t r a, t£' i0 I . � t n c r \-1 f It .k e•'q¢R t h obi "a t I£ s i:, yta ' t . ,1;•:q!4'1 1714„:1":*►, ` a " , " n B { st z� a tv ( . "( E .,t•Mq _ , Y.g -4.4 at �`. �,m, - '' r * + , , t •tom ..: a . i I 3 'i P ' m � �4 +a ' 3 ' � & 1s'3 mN d 4 _j I. :. _ r ------„i,1:" . . - e y j n "a$i Nd1 :.-lYN S f 1 Wt., II 1 e k (£° lR A ', t da 'Q :KlflIXkl '.a. + ",? i \ fi t A , ♦,..a', ,- �; °° „. 4" y 1. 6 • ttltltlHI, a . f � • ,}+ • • e tt„ a, .� u a ' 1 usveiPh 6 d P e E.4-4 : £ ra ,`. q ^'g�`x' t c • did a ,� • P �f j..-Lyr' aljyjG 'Yy : gg d �., ;�.�i 3 e '1 V' k H£ y t ti i� rySW : � a a` i At 18 M �Y634 ait x ` •' J rs fy,r S y 7 r � 4 a d; P �a dr �. Jet Y \,c a YYY 4 �` T4.Riy 4{°4'2 SEY' .m : 50bCek ft 1 ,0 r W 110 i_ z. Y x tsH d . L I1.q 1 kiy Z �'aDe ' , d r,t)tiishr ,i logical ,,,r.:� �P` d&par- �f tr �a�'^�tL11C al oEVI r n.•ALOgryill � � � � � � LEGAL DESCRIPTIC - ' i-D / -.) cc;-s CASE NO. LSV aT .?9B -A 23D 23A-B 29- �YGL 777777 AB 23-A x/-4 XI-A Z80-E 3 23G 8 13 23 28B-A' 17 A M-A /- 23D-A s - ' 5--I 17M-A 23 A _ / '4 / SOIL CLASSIFICATION OLD NO. NEW NO: IRRIGATED NON - IRRIGATED 23-A / Irs AJOx/E X DEPARTMENT OF PLANNING Sr ,HCFS PHONE 130313564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 LSV-85: 79: 4 ' t CASE NUMBER. COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Bruce and Rosalie Adams for a Lot Size Variance • The parcel of land is described as Pt . NE* Section 13, T5N, R65W • The location of the parcel of land for which this application has been submitted is 3-1/2 miles east of Greeley, 3 miles northwest of Kersey • This item is submitted to your office for review and recommendations . Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests , we would appreicate a written reply to include in our files , or check the box at the bottom of this page and return it to us . We would like to receive your comments by March 16, 1979 so that we can complete our review before the scheduled Board of County Commissioners meeting. Thank you very much for your help and cooperation in this matter. R��7�t 2*1p�� oFEB 1979 6; RECEIVED Ul k f T( `o co weld Coati ' Assistant Zoning Administrator Plexh`co•el 14 We have ev' w d re u ,stand find no with our interests. Signed Date 2- .2- 3- 7 , Agency t4" k, \-0 I ❑ O I o I it I � n Q I m p h D mEmoRAnDum WIIDc. To Planning Commission Date March 5, 1979 COLORADO FoMm ) Gilman E. Olson, Utility-Subdivision Administrator subject: Bruce and Rosalie Adams There are no engineering problems anticipated by this request. Any new access needs to have prior approval . Gi man E. Olson Utility-Subdivision Administrator GEO:sar 2156 ' MAR 1979 RECEIVED Well County Planning Con WWI" .;' (6\� ``cfcoat\ DEPARTMENT OF PLANNING SEF •ICES PHONE 13031 3564000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 ni „. LiL.) . CASE NUMBER LSV-85 : 79: 4 ' COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Bruce and Rosalie Adams for a Lot Size Variance • The parcel of land is described as Pt . NE* Section 13 , T5N, R65W The location of the parcel of land for which this application has been submitted is 3-1/2 miles east of Greeley, 3 miles northwest of Kersey • This item is submitted to your office for review and recommendations . Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests, we would appreicate a written reply to include in our files , or check the box at the bottom of this page and return it to us . We would like to receive your comments by March 16, 1979 so that we can complete our review before the scheduled Board of County Commissioners meeting. Thank you very much for your help and 5 cooperation in this matter. '13 At- 16 17 757 BAR 1919 to-r RE i° no Assistant Zoning AdministratortO we�Cnnntls0e • ErWe have reviewed the request and find no con h our interests. Signed (---Zz „reed tz z� - � Date � / / 7 9 Agency \Zti� r �A DEPARTMENT OF PLANNING SERVICES PHONE 13031 3564000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 n h 1. I p LSV-85: 79: 4 ' ® CASE NUDIBERALA COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Bruce and Rosalie Adams for a Lot Size Variance The parcel of land is described as Pt . NE$ Section 13 , T5N, R65W The location of the parcel of land for which this application has been submitted is 3-1/2 miles east of Greeley, 3 miles northwest of Kersey This item is submitted to your office for review and recommendations . Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests, we would appreicate a written reply to include in our files , or check the box at the bottom of this page and return it to us . We would like to receive your comments by _ March 16 , 1979 so that we can complete our review before the scheduled Board of County Commissioners meeting. Thank you very much for your help and cooperation in this matter. (:)::Iimullhiiiiip) \ CUIi. 11664 9Assistant Zoning Administrator � % \ , "t' we have reviewed the re uest and find no confliL��.,�� our interests. Signed w9 • / Date FQ r o? o /Y71 Agency /Ve fd C©ti,.,+y �ea Kb FIELD CHECK FILING NUMBER: LSV-85:79:4 DATE OF INSPECTION: 2/26/79 NAME: Bruce and Rosalie Adams REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt . NE-1 Section 13, T5N, R65W LAND USE: N Agricultural Rural Residential Agricultural �V Rural Residential ZONING: N Agricultural LOCATION: 3-1/2 miles east of E Agricultural Greeley, 3 miles northwest of S Agricultural Kersey w Agricultural COMMENTS: Access is existing from County Road 58. County Road 58 is unimproved. Agricultural land to the north is non-irrigated (hay-wheat) . There is some corn to the west . THe parcel contains one residence on the east portion of the lot . Said parcel is in area of rural residential tracts. There are three residences to the west and five residences to the south. BY: �icy. a_ 1 Ct�.5�L-. 'a ac Hello