HomeMy WebLinkAbout790446.tiff RESOLUTION
RE: DENIAL OF LOT SIZE VARIANCE NO. 100 - WILLIAM AND ESTHER WEBBER
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 5th day of September, 1979 , in
the Chambers of the Board of County Commissioners of Weld County,
Colorado that a certain parcel of land is owned by William and
Esther Webber, which land is more particularly described as
follows, to-wit:
All that portion of the Northwest Quarter
of Section 2, Township 3 North, Range 68
West of the 6th P.M. , in the County of
Weld, State of Colorado, described as fol-
lows : Beginning at the West Quarter cor-
ner of said Section 2 ; thence North along
the West line of said Section 990 feet,
more or less to a point, said point being
the same as the Northwest Corner of the
South 60 acres of said Northwest Quarter
as conveyed to Dial Construction Company,
a Colorado corporation recorded September 5,
1967 , in Book 585, Reception No. 1507427 ,
Records of Weld County; thence East along
a line parallel to the North line of said
Section 2 a distance of 2 , 310 feet; thence
South along a line parallel to the North-
South Centerline of said Section a dis-
tance of 990 feet more or less to a point
on South line of said Northwest Quarter;
thence West along said South line 2 ,310
feet more or less to the True Point of
Beginning; Less the South 380 feet thereof.
WHEREAS, the owners of said tract of land desire to obtain
a variance from the minimum lot size requirement so that they
may make application to the Board of County Commissioners 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, based upon the recommendations of the Department of
Planning Services, feels that the applicants have not shown good
cause for granting a lot size variance under Section 9-4 .A. (6)
of the Weld County Subdivision Regulations.
790446
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, denied to William and Esther
Webber for the abovedescribed 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
September, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
)41p.rv,ot,,, de....44, (No)
Norman Carlson, Chairman
, �.,�1 ��� .�.r1t�/(Aye)
Y L diJ unbar ll77 yt.Z (Aye)
C. W. Kir
fc-,,,,_0,\,,,,.k. r\ . /l..,, (Aye)
Leonard L. Roe
ABSENT DATE PRESENTED (Aye)
June K. Steinmark'irATTEST: cn.W\. .eu;iA% /
r
Weld County Clerk and Recorder
and Clerk to the Boar" ( (
AY: --, ...-„�.tom L C C, ,.-- ..�1' eputy County . ft
erk
APPRdV AS TO F :-,-. \NcY
X
County Attorney
DATE PRESENTED: SEPTEMBER 10 , 1979
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
Wilk
COLORADO
September 5, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE : Lot Size Variance #100
Dear Commissioners:
The attached letter and related materials are in reference to a re-
quest from William and Esther Webber for a Lot Size Variance. The
property under consideration is described as Pt . NW4 Section -2, T3N,
R68W of the 6th P.M. , Weld County, Colorado. The property is located
1 mile east and 1-1/2 miles north of Mead. The property contains ap-
proximately 30 acres of Class IV and VI non-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 the request is granted, the Webbers will proceed with their recorded
exemption application to divide the property into a 13 .25 acre parcel
and a 14.75 acre parcel. The Webbers wish to sell the 13. 25 acre
parcel which has an existing set of improvements located on it . They
wish to build a new residence on the 14.75 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. The proposed request does not comply with the Weld County Compre-
hensive Plan because it would promote non-agricultural use of
agricultural land and it would encourage urban encroachment on
rural land use.
Board of County Commissioners
Page 2
September 5, 1979
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 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 a district , to encourage
agricultural uses as the highest and best use of the
land in the district as compared with other uses in con-
flict therewith, and to provide for the orderly expansion
of urban growth in conformance with the Weld County Com-
prehensive 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, it would be promoting the division of
agricultural land into smaller less economic parcel sizes, and
increasing the residential density on the 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 Sub-
division 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 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 parcel contains only one set of existing improvements. This
request would allow other residences to be built on the 30 acre
parcel and therefore, create an urban encroachment which would be
noncompatible with the Agricultural District .
4. The minimum lot size in the Agricultural Zone District for ir-
rigated parcels is 80 acres and for non-irrigated parcels is 160
acres. The intent is to maintain tracts which are large enough
for farm purposes, and to assist in the encouragement of agri-
cultural uses as the highest and best use of the land. It is the
opinion of the Department of Planning Services Staff that this
request is in violation of that intent .
Respectfully,
Chuck Cunliffe
Assistant Zoning Administrator
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 w%OO11A 1A + APPL. FEE IA\ O O
ZONING DISTRICT `f ‘ctik url,\ RECEIPT NO. ‘01O4
DATE AL'ALT,1 7 I APPL. CHECKED BY
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: NW4 Section 2 T 3 N , R 68 W
All that portion of the Northwest quarter (NW4) of Section two (2) , Township (3) North, Range
sixty-eight (68) West of the 6th P.M. , in the County of Weld, State of Colorado, described as
follows : Beginning at the West Quarter corner of said Section 2; thence North along the West
line of said Section 990 feet, more or less to a point, said point being the same-as- the North-
west Corner of the South 60 acres of said Northwest quarter as conveyed to Dial Construction
Company, a Colorado corporation recorded September 5, 1967, in Book 585, Reception No. 1507427,
Records of Weld County; thence East along a line parallel to the North line of said Section 2
,r,. a distance of 2,310 _feet, thence South along a line parallel to the North-South Centerline of
said Section a distance of 990 ,feet more or less to a point on South line of said Northwest*
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No
PROPERTY: Total Acreage JO _
FEE OWNERS OF
Name : William L. Webber
Address : 17602 I-25 access road East Platteville,C0 C0 80651Phone : 535-4310
Name : Esther M. Webber
Address : 17602 I-25 access road East Platteville,C0 80651Phone : 535-4310
Name :
Address : Phone :
• Domestic
WATER SOURCE : Larger Parcel Little Thompson Smaller Parcel Little Thompson
TYPE OF SEWER: Larger Parcel Sceptic Smaller Parcel Sceptic
PROPOSED USE : Larger Parcel Homesite Agri. Smaller Parcel Homesite
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.
/7./ Z.(zifhe,
COUNTY OF WELD )
STATE OF COLORADO) 4. vi
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this .21( day of 6;g4 , 19?
SEAL
Notary Public
litlY ',Commission Expires
-IVY Bs 1982
My Commission expires :
*quarter ; thence West along said South line 2,310 feet more or less to the True Point of
Beginning; Less the South 380 feet thereof.
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bernhcirdts reolty
August 7, 1979
Weld County Planning Commission
915 Tenth Street, Box 758
Greeley, CO 80631
Dear Sirs :
An explanation for the need of the recorded exemption applied for
on the 30-acre tract of land is herewith given. We intended to give
each of our two daughters a 2-acre tract on which to build a home.
The original intent was to have three (3) homesites on this 30-acre
tract. In 1969 we deeded two (2) acres to our daughter, Mrs. Leo
Steffes, and we intended to deed another two acres to our daughter,
Betty Nies. The additional recorded exemption would provide us with
the third homesite.
We have consulted with the Little Thompson Water District and they
have assured us that the water needed for the recorded exemption is
available. Please find herewith enclosed, a letter from Little
Thompson Water District for consideration by your planning committee.
The present use of the land adjacent to the 30-acre tract is for
homesites on five to twenty-acre tracts. The 30-acre tract is not
irrigated farm land and has not been since 1969. It is all grass
and pasture. The added recorded exemption would allow us to put
this acreage to its best use, and it would help us to realize real
improvements to the area and would help us financially. We intend
to sell 13.25 acres and build a home for ourselves on the remaining
14.75 acres.
Sincerely yours,
William Webber
SX).,1,4. 117-(1)42-64t...
Esther M. Webber
Enclosure
dmi
903 10th avenue • greeley,co 80631 • (303) 356-7777
REALTOR
LITTLE THOMPSON VALLEY WATER DISTRICT
DIRECTORS: TELEPHONE 532-2096
DEAN G. ANDERSON 307 WELCH AVENUE
LOUIS F. REIN DRAWER G
DAVID MCGEE BERTHOUD, COLORADO 80513
E. THOMAS RICORD
CAREY J. SALOMONSON
MANAGER:
LOVILO H. FAGAN
July 25, 1979
i'tr. William Webber
17602 1-25 Access Road East
Platteville, Colorado 80651
Dear Mr. Webber:
The Little Thompson Water District will supply a domestic water tap to property
owned by you located in Section 2, `1'31, Rnage 68W, Weld County , Colorado upon
receipt of a tap fee and compliance with the rules and regulations of the District.
Very truly yours:
LITTLE TIIOIIPSON WATER DISTRICT
Lovilo H. Fagan, Manager
LHF/cg 4.
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REFERRAL LIST
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0 APPLICANT. William *and Esther Webber
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CASE # - - LSV-=100
. REFERRALS SENT OUT ON: August 13, 1979
vi 0
o c.) REFERRALS TO BE RECEIVED BY August 29, 1979
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AUG 2 21979 County Health
X r' AUG 2 31979 ounty Engineer
4Wi X lead Planning Commission
AUG 27 1979 /o Virginia M. Frei
ox 217
lead, CO 80542
`}trot "x ' tate Highway Department
AUG 2 41979 420 2nd Street
reeley, CO 80631
6
FIELD CHECP.
FILING NU'uBER: `SV� ,OO DATE OF INSPECTION: AUG 2 191$
nP1dE: WYY‘ SSANier WettAilar
REQUEST: p} S\Z� Vo.yAv\ce-
LEGAL DESCRIPTION: r}, t' \V / 4' bet. 2 � � �7'\�l ' \`(OQW
LAND USE: N Nty1'Clik‘ 4lYA
19 ft(‘CAO A-vocek. 1 'ZONING:
L�Z� Ro�.N Y\cuArkr�
LOCATION: 1 QosA. 00,6. E `
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COMMENTS
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BY:
FIELD CHECK
FILING NUMBER: LSV-100 DATE OF INSPECTION: 8/14/79
NAME: William and Esther Webber
REQUEST: Lot Size Variance
LEGAL DESCRIPTION: Pt . NW4 Section 2, T3N, R68W
LAND USE: N Agricultural _
E Agricultural
S Agricultural/Residential
w Agricultural across I-25
ZONING: N Agricultural
LOCATION: 1 mile east and 1-1/2 E Agricultural
mile north of Mead, east side of S Agricultural
I-25 frontage road W Agricultural
COMMENTS:
Lot size variance parcel is in pasture and/or hay grasses. The existing
residence and improvements are located in the northeast corner of the
parce. Five (5) houses are located between the house on subject property
and County Road 36 on the south end of the section. The closest residence
is on a two acre parcel excepted from subject property. Intensive farming
occurs east of subject property. Land to the south containing above
referenced residences is also pasture use. The southern parcel contains
a greyhound kennel use.
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BY: 4:64tati t,
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or.co o
-' �
� d COLORADO STATE DEPARTMENT OF HIGHWAYS
t3, --`��� ,
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* DIVISION OF HIGHWAYS Weld County
* 1846 * I-25 Front. Rd.
August 22, 1979 Webber Lot Size
Var.
1 Mi. E. and
1 .5 Mi. N. of
Mr. Chuck Cunliffe
Mead
Department of Planning Services
Weld County DOH FILE 45100
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Cunliffe:
We have reviewed the application from William and Esther Webber for a Lot Size
Variance, and we have the following comments.
1 . To the extent possible, we feel that future access needs should be served by
existing driveways on the Interstate 25 Frontage Road. If additional access
is necessary, it should be provided by joint driveway utilization. Any new
access will require a Driveway Permit from Mr. David N. Fraser, District IV
Maintenance Superintendent, P. 0. Box 850, Greeley, Colorado 80632.
2. Measures should be taken to insure that highway traffic noise does not adversely
affect new residential structures. To adequately protect new structures, we
recommend a setback of at least 150 feet from the center of the frontage road
or noise-insulated building construction.
Thank you for the opportunity to review this application.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
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t6LeAl e- 1 Klee,ca
Albert Chotvacs -n7.
Assistant District Engiifieer
AC:da
cc: D. M. Bower �232��S�
D. N. Fraser (2) 6�2
File: Crier-Jacobson via Rames-Finch-Graham '4► ��
w/encl .
:32AUG 1979 `�
RECEIVED o
tit. Weld County
A
SIOR Cc,
4/10168
P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 Ar . t.,
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