HomeMy WebLinkAbout790431.tiff RESOLUTION
RE: APPROVAL OF WITHDRAWAL OF LOT SIZE VARIANCE APPLICATION AND
WAIVER OF SUBDIVISION EXEMPTION APPLICATION FEE FOR JESS AND
IRENE BOND.
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 held a public hearing on the 28th day of March, 1979
in the Chambers of the Board of County Commissioners of Weld
County, Colorado for the purpose of considering the application
of Jess and Irene Bond for a Lot Size Variance on a certain tract
of land which is more particularly described as follows :
Part of the West Half of the East Half of the North-
west Quarter and the West Half of the Northeast Quar-
ter of the Southwest Quarter of Section 9, 'Ibwnship
5 North, Range 64 West of the 6th P.M. , Weld County,
Colorado.
WHEREAS, after discussion of said Lot Size Variance Applica-
tion, the applicants wish to withdraw their application and instead
apply for a Subdivision Exemption on the property described above,
and
WHEREAS, the Board of County Commissioners desires to waive
the application fee for the Subdivision Exemption due to the fact
that the Lot Size Variance fee has previously been paid.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the withdrawal of the
Lot Size Variance application of Jess and Irene Bond be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the application fee
for the Subdivision Exemption application of Jess and Irene Bond
be, and hereby is , waived.
790431
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
March, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: f .�4.: e.:,taf_e%tra.
Weld County Clerk and Recorder
/ail Clerk to the Spa
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Depu y unty er
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AP D AS TO FORM:
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County Attorney
Date Presented: April 2, 1979
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
W I C.
COLORADO
March 21 , 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631 ,
RE: LSV-87
Dear Commissioners :
The attached letter and related materials are in reference to a re-
quest from Jess and Irene Bond for a lot size variance. The property
on which this request has been made is described as Pt . WzEZNW4 and
WZNE4SW4 Section 9, T5N, R64W of the 6th P .M. , Weld County, Colorado .
This property is located approximately 1-1/2 miles north of the Town
of Kersey on the north side of County Road 388 . The property con-
tains approximately 52 acres of Class II and VII 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 lot size variance is granted, the Bonds will proceed with their
application for a recorded exemption to divide the property into two
parcels . The Bonds desire to separate the 3-1/2 acre parcel which
contains the existing improvements from the balance of the property.
The Bonds have indicated that it is their intent to leave the larger
parcel in agricultural production in conjunction with their existing
farming operations .
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Service Staff recommends this
request be denied for the following reasons :
1. The proposed request does not comply with the Weld County Com-
prehensive Plan in that it would promote nonagricultural use
of agricultural land and it would encourage urban encorachment
on rural land use.
Board of County Commissioners
Page 2
March 21, 1979
2. 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 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 majority of soils on this property are Class II irrigated.
The granting of this request and a subsequent recorded exemption
would allow for the conversion of productive agricultural lands
since a new set of improvements would be allowed to be built on
the proposed 48 acre parcel .
3 . 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 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 incompatible 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. "
This 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 division
of agricultural land into smaller, less economic parcel sizes .
4. The minimum lot size in the irrigated Agricultural District is 80
acres . The intent is to maintain large enough tracts for farm
purposes and to assist in the encouragement of agricultural uses
as the highest and best use of the land. This request is in
violation of that intent. It is the opinion of the Department of
Planning Services Staff that the County should not encourage
further division of this property but work towards preserving the
best use of the land, which is agriculture and agricultural re-
lated uses .
Board of County Commissioners
Page 3
March 21, 1979
It is the opinion of the Department of Planning Services Staff that
the Bonds have a reasonable alternative for selling the improvements
by the subdivision exemption procedure. This procedure would allow
the improvements to be split from the larger parcel and at the same
time bind the two adjacent parcels of farmland without allowing a
second building permit on the proposed Lot B . The Bonds , however,
have chosen the recorded exemption procedure for the purpose of
maintaining two separate parcels which allows for the potential of
an additional residence to be constructed on the proposed Lot B.
If the Board should decide to approve this lot size variance request,
the Weld County Engineering Department has recommended that the 25 '
right-of-way access easement as shown on the submitted plat, be made
a part of the proposed Lot B and have a minimum width of 30 ' . In
addition, the required road frontage in the Agricultural District is
180' as set forth in Section 3 . 14 of the Weld County Zoning Resolution.
The Bonds request, as presented, has no road frontage for the proposed
Lot B. Therefore, if this lot size variance is approved by the Board
then the Bonds should obtain approval from the Weld County Board of
Adjustment for a variance from the 180' road frontage requirement
prior to approval of a recorded exemption on this property.
Reson,
Chuck Cunliffe
Assistant Zoning Administrator
CC/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. APPL. FEE ,5 DO
ZONING DISTRICT Oly to ltoci RECEIPT NO. 1O1,OO
DATE Q APPL. CHECKED BY t ,„
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 T N, R W
.the a of the NW and ay o. the A6 of ;the tip'Y Section ;',
75N,f6 i1 of the 6th %'.IF;., (Vela' Coun4, Co.Loirado
TOTAL ACREAGE: 52
Has this property been divided from or had divid� from it any other
property since August 30, 1972? Yes No
FEE OWNERS OF PROPERTY:
Name: �e.�4 and J/.ene Bond
Address: 26421 KY? 388 Keiees Colorado Phone : ?53-1941
Name:
Address : Phone :
Name :
Address : Phone:
well and h'o1rth weLL and Nor.
WATER SOURCE : Larger Parce v'. Co. ( z e..t p.i..0 mal ler Parce 1(7. Co. (tLtpJJ OL d.
app4oved ex,bmSing
TYPE OF SEWER: Larger Parcel Aspic zzte Smaller Parcel Ap( Y r .slap
PROPOSED USE: Larger Parcel A94ccu;l ivarcl Smaller Parcel BweLLing
EXISTING DWELLINGS : (Yes or No) No (Yes or No) Ye4
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) i
Signature: Ow or Authorized Agent
Subscribed and sworn to before me this 26 day of fp/14,0q4,/ , 1979 .
SEAL
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Da-a.yy D,rcH
ACREAGE s ro
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Lot "A" = 3. 503 (inc. r-o-w)
Lot "B" =48.497 (inc. r-o-w) $
Total = 52.00 k
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f ebiva'z ry 14, 1979
:'eid Counfil Depanunent o/ %!arming Se,vice
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W;le cite 4uhmni tting an appl cclion Yon. a Lot a •e a eve rf zy Varian-e r / 'f A beta ue
we pn.eoen g own an adegtwfe -oat o/ /anin .impnovemen A and do ,w# need
.tlwie on /a' 4; Lai B mil be toed kit agnicutiunwl punpoeei -iv .tie in
owt pn.eoenf raining opeaa t on; and Lot B would be oeL/-euppon,ting
a.o i t ha,, an acceptable aepiic 4i-fe, an appeovad co-ten .ounply, and
eLectn,ic 4 .L4 av i,Zable.
%h.e %own. o/ Keneect hao given u4 a .Lefiea o/ appeova.L io divide the pnapenfg.
%Aeiepae, we ux,u/d Jibe appnaval or the Lot -s.�'-- Variance
rt' AO ihat
we could nahe OUR piteaent fanning ape/in-Cum laegeit, and beep .the tor, .Loco
eep itaie AO they wilt actin. them pitesenf voile.
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LEGAL DESCR1PTIC_" ' " �' 6 '1CASE AO. L-S U 8 -1
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
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TOWN OF KERSEY
P. O. BOX 07
HER®E7. COLORADO 80044
PHONE 338.1681
January 25, 1979
Jess and Irene Bond
26421 Weld Co. Rd. 88
Kersey, Colorado 80644
Dear Mr. and Mrs. Bond;
We are writing regarding your request for a letter concerning your
intent to divide your property, which previously belonged to Mr.
Chester Chumley. We understand that you want to split the existing
house from the rest of the land, with the intention of selling the
house and keeping the land to farm. If this is your intention,
the Town of Kersey has no objection.
If we can be of further assistance, please let me know. Thank you.
Very truly yours,
Lanell J. S anson
Town Clerk
•
4A
Weld County Health De artment e OF HEa
FRANKLIN 0 YODER. MD MPH r DAVID WERERKINe OD5. G rHreeley
G
D,recror 1516 HOSPITAL ROAD RALPH AAR Greeley
WILLIAM BUCK, Roggen
GREELEY, COLORADO 80631 DORIS DEFEKE. Greeley
(303)353-0540 DONALD HERGERT Windsor
ANNETTE M LOPEZ, Greeley
HERSCHEL PHELPS. JR . M.D .
Gooey
KATHLEEN SHAUGHNESSY AO
JOE STOCKTON Glcrest
September 2, 1977
Mr. Joe Jarvis
Building Inspections
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
The soils on property belonging to Chester Chumley, 26247 Weld
County Road 388, Kersey, Colorado located in the W1, E' , NWT,
NE4, SWa, Section 9, Township 5 North, Range 64 West, Weld 4
County Colorado are suitable for individual sewage disposal
systems.
Sincerely,
i
n�
Glen E. Paul , Dir4ctor
Environmental Health Services
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BOARD OF DIRECTORS w :j't"---*
ERNEST TIGGES %-r Pj6O9-- NORTH WELD COUNTY WATER DISTRICT
ALEX HEIOENREICH
ROBERT ALKIRE *�y 4': HIGHWAY 85 LUCERNE, COLORADO 60646
GARY SIMPSON 1,
I
TOM REED 'lye l,,'��•
,... LYLE NELSON, MGR.
•
"'et P.O. BOX 56 • PHONE 356-3020
February 14 , ].979
RE: Water Servile > Jess Bond
Dear Sirs :
This letter is in response to your inquiry regarding water
service to tlio following described property :
Lot B located in Section 9, Township 5 North
Range 64 , West of the 6thP. M. , Weld County Colorado
1 ..-- Water service is presently being provided to the
above described property .
2 . Y — Water service can b, rurdo available to the above
described property provided all requirements of
the District are satisfied .
If contracts have not, been consumated with North Weld C-.tuniv•
Water District within one year from date of this letter , this
letter shall become null and void .
Additional comments .
Service is presently being provided to Lot A at the above
location .
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
•
Lye. D. Nelson , Manager
LDN/rMc
•
/
7 ?
mEmoRAnDum
To Planning Commission Date March 13, 1979
COLORADO From Gilman E. Olson, Subdivision Administrator
subject: Jess and Irene Bond, (L.S.V. )
This office recommends that the 25' right-of-way access easement as shown
on the submitted plat, be made a part of Lot "B" and have a minimum width
of 30' .
Other than the above mentioned, no engineering problems are anticipated
by this request.
jefrate-r,e S7Clezery0
Gilman E. Olson
Subdivision Administrator
GEO:sar
MAR 1979 co
RECEIVED
to
Weld County
C Nanning Cammissien ‘firr`��---6Z8t Lc9Ly cji
FIELD CHECK
FILING NUMBER: LSV-87 DATE OF INSPECTION: 3/13/79
NAME: Jess and Irene Bond
REQUEST: Lot Size Variance
LEGAL DESCRIPTION: Pt . WZEzNW4 & WiNE4SWi Section 9, T5N, R64W
LAND USE : N Agricultural - Pasture
E Agricultural
S Agricultural - Pasture
w Agricultural
ZONING: N Agricultural
LOCATION: 1-1/2 miles north E Agricultural
of Kersey s Agricultural
w Agricultural
COMMENTS:
Parcel contains 1 residence and several outbuildings and corrals.
Corrals contain cattle. Two accesses exist , one to the farm operation
and one to the residence. Parcel is primarily pasture/hay. Residence
is located on Weld County Road 388 (gravel surfaced) .
BY: k Ca-
Jr
DEPARTMENT OF PLANNING SEF,VICEC
PHONE i303j 3504000 EX T.404
91510TH STREET
ni _ GREELEY,COLORADO 80631
e 3
CASE NUMBER LSV-87
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Jess and Irene Bond
for a Lot Size Variance
The parcel of land is described as Pt . W-E NW* & WzNEASW* Section 9,
T5N, R64W
The location of the parcel of land for which this application has been
submitted is 1-1/2 miles north 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 12 , 1979 so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your help and
���\415167?/8
cooperation in this matter. ��\ 9�
,O MAR 1975
a RECEIVED - t
Weld County `Lc
Assistant Zoning Administr or \...0 PI^oumfNuissin y
el
.,c'i�li Iii.J19
We have r iewed t quest and find no conflict with our-'interests.
Signed £ J2Z /�z Date 1 —ie, - 77
Agency
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