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Home My WebLink About790439.tiff RESOLUTION RE: DENIAL OF LOT SIZE VARIANCE NO. 93 - WILLIAM AND SUSAN PFUND. 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 27th day of June, 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 Susan Pfund, which land is more particularly described as fol- lows, to-wit: Part of the East Half, Northeast Quarter of Section 5, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado. 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, having consid- ered the recommendations of the Department of Planning Services and all of the testimony and evidence in this matter, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the request of William and Susan Pfund for a variance from lot size requirements be, and hereby is, denied. 79O439 , i The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of June, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO 6e""Pcial 6,ei-e7 -..z._ A2e-e,77‘ ' / 1 / ' in (._::_j b. •.t., , i _Z-Zel 1,e,,j ATTEST: Weld County Clerk and Recorder a• • erk to the Boar• By: / Deputy County lerk APPROV D AS TO FORM: C--A ' County Attorney DATE PRESENTED: JULY 2, 1979 • ,),„„ef, c - 7 / QTY DEPARTMENT OF PLANNING SERVICES PHONE (303)'356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 • COLORADO June 13 , 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Lot Size Variance #93 Dear Commissioners : The attached letter and related materials are in reference to a request for a lot size variance from William and Susan Pfund. The property on which this request has been made is described as Pt. EZNEk Section 5 , T6N, R65W of the 6th P.M. , Weld County, Colorado . This property is located 1-1/2 miles east and 1/4 mile south of Eaton. The property contains approximately 44 acres of Class IV non-irrigated soils . The request is to obtain a variance from the minimum lot size regi4irement , Section 9-4 A. (6) , so that they may make application to apply for a recorded exemption. If this lot size variance is granted, the Pfunds will proceed with their application for a recorded exemption to divide the property into two parcels of approximately 2 acres and 42 acres . The Pfund' s resi- dence is located on the 42 acre parcel. The 2 acre parcel is intended to be used as a residential building site. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends this re- quest 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 record- ed exemption procedure. Said clause states : Board of County Commissioners Page 2 June 13 , 1979 "The intent in establishing the Recorded Exemption Pro- cedure is to provide, in accordance with the Weld Comity 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 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. " (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 Department of Planning Services Staff feels that if the area were to continue to develop, inefficient development will result. 3 . It is the opinion of the Department of Planning Services Staff that in the vicinity of the proposed recorded exemption, development has reached a level where the continued division of parcels would evade the intent of the Weld County Subdivision Regulations . The princi- pal purposes of the Subdivision Regulations of concern to the Department of Planning Services Staff are as follows : 1 . "A. To assist orderly, efficient and integrated development. 2. B. To promote the health, safety, and general welfare of the residents . Board of County Commissioners Page 3 June 13 , 1979 3 . C. To ensure conformanc e of land subdivision plans With the public improvement plans of the County and its various municipalities. 4. E. To encourage well planned establishing g p e subdivisions by establ��shing adequate standards for design and improvements. 5. P. To assure the planning for and provision of an adequate safe source of water and means of sewage disposal. " At the present time, 327 of the east half of this section has been divided through the recorded exemption procedure. If this request is approved, the recorded exemption acreage increases to 46% . Since the creation of the recorded exemption procedure in August, 1972, nine potential building sites have been created in a piece meal strip of development along the east side of this section. In one specific in- stance on a nearby property, further subdivision of a previously ap- proved recorded exemption has occurred. It is the opinion of the Department of Planning Services Staff that a precedent has been established in the immediate area and possibly in similar areas of existing concentrated developments which will allow further expansion of these areas to occur. This can only lead to inefficient and isolated subdivision development. The Conclusion Section of the Weld County Comprehensive Plan states , in part : "Effective land use planning and controls are a critical necessity if a quality environment is to be maintained in Weld Coutt Unlike many communities which are now feeling the frusttion of uncontrolled urban growth, Weld County still has a choice. However, the alternatives available are reduced with each day that Unguided growth is allowed to occur. " The history of this section of land is a good example of evasion of the intent of the Weld County Subdivision Regulations when development occurs through the continued use of the recorded exemption procedure. Respectfully, a„.<92, Chuck Cunliffe f e Assistant Zoning Administrator csd 44ecr Weld s'/ BOARD OF HEA H e/ / ounty Health .department DAVID WERKING, DDS, Greeley FRANKLIN D. YODER, MD, MPH WILLIAM BLICK, Roggen Director 1516 HOSPITAL ROAD DORIS DEFFKE, Greeley GREELEY, COLORADO 80631 A. M. DOMINGUEZ,I:JR., J.D., Greeley ANNETTE M. LOPEZ, Greeley (303)353-0540 FRANK MYERS, M.PFH., Windsor HERSCHEL PHELPS, JR., M.D., Greeley KATHLEEN SHAUGKLIESSY, PHN, Ault ARTHUR G.WATSON, Platteville June 12, 1979 Planning Services 915-10th Street Greeley, CO 80631 RE: LSV-93, William and Susan Pfund TO WHOM IT MAY CONCERN: An excavation on the parcel of land described as part of the E%, NE%, Section 5, Township 6 North, Range 65 West, belonging to the Pfunds, showed the water table to be at 6% feet. The soil above the water table is heavy. A conventional system could be installed if the leach field were to be no deeper than 2% feet. Sincerely, 'WY Millie Turner Environmental Health Services MT:dr ..\(?)g10117')41 i_COr dub /979 V4' w,y c®N "WOE p 41isg 1ig7c,10,4. ' \ / il-vd ,_, C\----- • o0 o4 COUNTY GOAD 4 • M• LZ4V ---._=APIMVVIC____-_---*-- licom-41!‘_._.__M-'br" ,'4:Q61(.___ _jag ___ .4witc-----------usavni_, nag,•v,- - -13:7%, ,Ar__ ---\ • 4 317 o 2. 5A 2. 5A . ,Z % 2A7VA ....\ se- \\ // LSV 9 42M' , ,/, ICE 157 J4. 7A /( '- '''----7 n O ,--1 H 10. 2A MS-10 5.4A • _ 4. 7A • RE400 A. .. A 19. 5A 1E119 I\ ,• /m. . 21. 9A 4 7 o V. 21. 0A / N''...------ --" \f-j ///,----„,\\\ __ 1 I } E120 13 . 9A 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. •.19 12 APPL. FEE L� 3 ZONING DISTRICT NJ RECEIPT NO. \ "\.-\%,�-- DATE S- \ ') 0 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: E1/2 FE1"1/4 Section 5 T 6 N, R 65 W See attached property description on Warranty Deed. TOTAL ACREAGE: 44 acres.} Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x FEE OWNERS OF PROPERTY: Name: William A. and Susan C. Pfund Address: 35629 Weld County Road ,x`41, Eaton, Colorado 806l5Phone : 45,1-2642 Name: Address : Phone: Name : Address: Phone: WATER SOURCE: Larger Parcel North Weld Smaller Parcel North Weld TYPE OF SEWER: Larger Parcel Septic Leach Smaller Parcel Septic & Leachfield Single Family Single Family PROPOSED USE: Larger Parcel Agricultural Smaller Parcel Small Acreage 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 mr ledg . ce. COUNTY OF WELD ) J-- �J STATE OF COLORADO) r: Signature: Owner /or Authorized Agent before me this / day of , 19 /Subscribed and sworn to SEAL a±). Notary Public //-1/4/ My Commission expires: X BOARD OF DIRECTORS 7•iv , ERNEST TIGGES ` t057416 NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE L HIGHWAY 85 LUCERNE. COLORADO 8O646 GARY SIMPSON I li � �. J'' LYLE NELSON, MGR. TOM REED ~ P.O. BOX 56 PHONE 356-3020 May 9, 1979 William Pfund 35629 Weld CoRd 41 Eaton, 'C@ 's 80615 RE: Water Service Dear Mr. Pfund: This letter is in response to your inquiry regarding water service to the following described property : E2Ne4 Section 5, Township 6North, Range 65 West of 6th P.M. , Wield County, Colorado 1 . X Water service is presently being provided to the above described property . Additional 2 . X Water service can he made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void. Additional comments : Sincerely , NORTH WELD COUNTY WATER DISTRICT roe.) yle D. Nelson, Manager LDN/rlc 4 T„ay 14, 1979 TO WHOM IT MAY CO7CERN: Re. Lot size variance for William A. Pfund, 35629 geld County Road .611, Eaton, Colorado, 30615. The purpose of this letter is to present the following reasons and justifications for the proposed lot size variance. 1. Proposed lot size will be approximately 89,250 square feet or 2.04 acres. 2. Frontage will be 180 feet. 3. Access would be provided from the East from Weld County Road ,j=41. The access would be consistent vrith long range county planning. 4. Lot size is determined by topographical and physical limita- tions and is consistent with possible future development of this area. 5. The subdivision of this land is an efficient use of a parcel that is not will suited for agricultural use because of poor soil conditions and non-existent irrigation water. 6. This sized parcel is consistent with the established pattern of growth in the area. This area serves as a buffer area between residential and agricultural areas. adjacent parcels to the North and located on Weld County Road /:41 are: Black- burn, 10 acres; Fields, 2.5 acres. Parcels to the South are: Mathews, 10 acres; Ohman, 5.5 acres; Ohman 4.5 acres. -2- 7. This subdivision will provide an added benefit with added revenue from county taxes. 8. This parcel is within 2 miles of Eaton, Colorado. Thank you for your tine and consideration. Sincerely, 6/ hiit l lam A. Pf and 35629 Weld County T_,.oa 41 Eaton, Colorado 80615 :.. %` + '� - yea`g ' .x P'�¢'' z�a x¢ wtr ��' '� ;°y '° �� 29 i t.,..1.. .-. ;'1:',.',;.,;,'... .10',r-ii.,, • ':::"V•4 '4.4;iii,,"„3..',V'•';',,,,...,: ,., ' ':'..•,'",,„:`,-,'4,','..,, ,, 4,,,,,,,,,,,,, '''''''ail'i:' 1.A.,'„'W/:,1,4....i ''1'7- ' -44;$','''',''.'•',""1,','ilfil 7*.itt: "'',PZ": .","'S:::'• ,k';',.6,,,,,,,i4i'ili‘iViiiiii,1!*,, - !..".•,::iii:;:,,. •'',;.'7';'!,1,''''':'''Z'''''''''''''' "' . '::"lr' ,h,,',', •,7••.4i.'„,11, Ait . ','',' .''','f::•7",•:2:','!"'„,', .4.., ,t,,,,,, ,:',!'..4„1.7„:,./.,.:::.1" ; 1,),,,r4.:', „,,,,,,,:-.',,,•:•,,:„.,::„. 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P\e GE NA A Foe C 6 LE TE_ t) El ' L.. 4 / . - , :,:''. . 1 R 0 At) ;--til L4 1i r,, ..1- s' i F t / a • , ' N0 1 gfe c T to ��.�.., �. f teL.. a _, : __i____________...._____ kinR514 r T , '' ;�\\� 5.. LIBIfCT 1 't I0P R IL r.I.,: \,\ \ _ 1 } Fa R Lol- Si* z E. I , \\:\.,,, -..., \\, ', t,, ' :. ! ' \\ s'''' \'- .<,_—__.._..._______ . __ . 1 --) PON)D , : \ -\„, ,...., \ „, , . S. . ; ! , O1 L., P00 1&., . .. ./ , ,.., , \ i 007 C.,001) .0P-- . , \ ,,, ..,,, ,,,, 4 ,,, ,_ \ - _ , \ ... \ , 1 -nGIC:u. L.--1 u ..e. pa.. ue..;„(7- , \ \ -, , [ . - .) - \ \ - • '--,, -- . „. ,, ' I ‘ '''. '''' - ' ' I 'i . _ NEFlI �ST E.,.� N 0 c...7 t.4 aF- i \., P f),-D ?f ?s.7 V Bou 0 Dr‘, ' V . . . .� { 1 WEL.a Co u, NJ-T`{ Rb . -%*-- q 1 I ._:.,,, _ ,,..-.::.;;;444..- -Ctt --,;.,-;;;.„:,,,"7 '...„,..:i aft.f(*'1O 50 i i 11-1O\ = IUD Sr-t. ccr)Y•,`- CI)0..„h ckc.0,6.-IA is..._. pt...nc),.,c,r. k--) A re. F 5 c \ N L, ,q KGE ?ACC o{aE-. / A ??Ro1'. INA1 tELy c00 LEGAL DESCRIPs ION �—� CASE NO. L V L\3 • SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 4 e.aq _ 2A C1 1 5- 2_ dye._ .cl. Lte, DEPARTMENT OF PLANNING SERVICES PHONE (303 356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 '•� � O LSST-93 CASE NUMBER. COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from William and Susan Pfund for a lot size variance • The parcel of land is described as Pt . EliNE* Section 5, T6N, R65W The location of the parcel of land for which this application has been submitted is 1 mile east of Eaton and 1/4 mile south of Road 74 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 June 8 , 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. �' "5,,,6 SON ii1E-„, 1949 IV Assistant Zoning Administrator , � :-0 � c' sies c,.,Q.. n We have reviewed the request and find no confl our interests. Signed . - 44a1V Date ,3131/77 Agency C,(/ - C`L Q C► ga-,43\ MEMORAnDUM 111(1111111111c. To Planning Commission Date June 5, 1979 om COLORADO Gilman From E. Olson, Utility-Subdivision Administrator Subject: William and Susan Pfund Any new access must have prior approval from the Engineering Department before installation. Gi man E. Olson Utility-Subdivision Administrator GEO:sar tc, pr ‘cS0 :-. • �E�a�oue'�0�oe DL:PARTMENI or PL: NNING SERVICE PHONE (303) 356-4000 EXT.4 915 10TH STRE) GREELEY,COLORADO 806. ,r_ •i$ , O t , r :. CASE NUMBER .. • LS1T-93 COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from William and Susan Pfund for a lot size variance • The parcel of land is described as Pt . Ei-NE Section 5, T6N, R65W • The location of the parcel of land for which this application has been submitted is 2. mile east of Eaton and 1/4 mile south of Road 74 • 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 June 8 , 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. �1$ 910>>>,, -fir � c44( Assistant Zoning Administrator RAG cQ . Sc' �a�0 X1`0 g: We have r iewed the re nest and find no conflict -q o> -L terests. Signed Date JUNE 6, 1979 Agency EATON PLANNING COMMISSION • FIELD CHECK FILING NUMBER: LSV •*-17 DATE OF INSPECTION: (ph i ,9 NAME: kA f\ rtX USO.h “PtTUIN8. REQUEST: LOT 5‘41.e. V CV(\AhCe. LEGAL DESCRIPTION: � • ' J10‹.. S T (o \ I R6SW 1( LAND USE: N \C N 1 �UYa` E S •• iY 1\16O 40k1 aura\ ZONING: \CIAI� N i •c, yUYA, LOCATION: '�vyN'A.Q� eickSV 41O E U " EO \ QM4 Y4.- MAR. S %Jr.) los �c�. t 4r w r 1 cut rq COMMENTS: P1/4e0 OZieAd SYYykA\`'PX � l� AN 2..` 1.1a0�0, \octORA \-NoN4\t\pec...O.- o... 4‘.& c....., law 1 wNar��, a10.,, . �lo�,.-c: ►rn� jw\O\ evnVAvh5 1 res.&16-.4....t.c... 1r o u;,tJ;1 em kip \ca... tr\o1/4. 4.I gyp.4424 � ��r� . 1\St) CYe� p �r 1 �•- �°` '� '�Y �s�c itttkeci U1/41 a\\ \CLOtei0 'ID eZ, •R. i.r. 4\ \r, c.‘1 i‘o .Ywe,\ 'swr u,c ed . 2 res;6....,0 s locaskt oi, dAvt_c \ lo h o v V\9. I 4,1r.t, pro k-v) . BY: aszal.Q.t........ (sos) S 6.6.p6y ___92154 see cO69/ June 27, 1979 Mr. Chuck Cunliffe Assistant Zoning Administrator Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Bill and Susan Pfund Dear Chuck: I owe you an apology and that is the purpose of this letter. During the hearing before the County Commissioners on June 27, 1979, I stated that you were in error in telling them that the easterly portion of th s property had been divided through the Subdivision Exemption procedures After the hearing I went over to Transamerica Title and confirmed that in fa t all of the present lots were created as a result of Subdivision Exemption ro- cedures, except for the Pfunds' 44 acres. Of course, when I disputed hat you said, I was relying on my knowledge that the Pfunds' property was of divided through an exemption procedure. I also was relying on my memo y that Mr. Menzel had created these separate ownerships and I knew he wa doing that at a time prior to Senate Bill No. 35. I did not realize t at the owners had subsequently re-divided their parcels through the exemp ion procedures. I am very embarrassed for making a statement to the board which turned out to be more false than true. I am sending a copy of this le ter to Mr. Carlson so that the board will be advised of this development. ,..n, Very truly 79.,4s,;,.,„) \\\\-; k; i ) 4 William ''Shade WES/cc CC: Mr. Norman Carlson , Chairman Weld County Commissioners P.O. Box 758 Greeley, Colorado 80632 Hello