HomeMy WebLinkAbout790434.tiff RESOLUTION
RE: APPROVAL OF LOT SIZE VARIANCE NO. 90 - MARY ALICE LINDBLAD,
ET AL.
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 11th day of April, 1979 , in the
Chambers of the Board of County Commissioners of Weld County,
Colorado, that a certain tract of land is owned by Mary Alice
Lindblad, et al, which land is more particularly described as
follows:
The SE Sb Section 17, ltMnship 6 North, Range 66
West of the 6th P.M. , 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
applicant 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 applicant has shown good cause for grant-
ing 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 Mary Alice Lindblad,
et al. 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 11th day of
April, A.D. , 1979.
4\-7" , % BOARD OF COUNTY COMMISSIONERS
ATTEST: '., - { new I b 44ra ELD COUNTY, COLORADO
Weld County Clerk and Recorder
and-G*erk to the Boar p
sy
eputy Count lerk 7,-Th
Ckild'VED AS TO F L�> c � / NAY
GC L/ 790434
County Attorney
DATE PRESENTED: APRIL 16, 1979
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
III1DC.
COLORADO
April 11, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631 1 �'
RE : LSV-90
Dear Commissioners :
The attached letter and related materials are in reference to a request
from Mary Alice Lindblad, et al . The parcel of land is described as
the SE4SW4 Section 17 , T6N, R66W of the 6th P.M. , Weld County, Colorado .
This property is located-4-miles east of Windsor and 2-1/2 miles south-
east of Severance on Highway 392 . The property contains approximately
39 . 7 acres of Class III irrigated soils and Class IV nonirrigated soils .
The request is to obtain a variance from the minimum lot size require-
ment, Section 9-4 A. (6) so that the applicant may make application for
a recorded exemption.
The applicants wish to sell approximately 11 acres to Mrs . Lindblad' s
son and daughter-in-law for a proposed residence. The 11 acres is
presently pasture and has no improvements . The remaining 28 . 7 acres
would be kept in agricultural production.
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. 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.
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 :
Board of County Commissioners
Page 2
April 11, 1979
"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 wou—I3 be promoting the division of
agricultural land into smaller less economic parcel sizes , and
increasing the residential density on the 40 acres .
3 . This request is not in compliance with the intent clause of the
recorded exemption procedure (Section 9-2 of the Weld County Subdi-
vision 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 presently contains no improvements . The split would
allow two sets of improvements to be built on the 40 acre parcel
and therefore, create an urban encroachment which would be non-
compatible with the Agricultural District .
4. The minimum lot size in the Agricultural Zone District for irriga-
ted 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 agricultural uses
as the highest and best use of the land. This request is in
violation of that intent .
Respectfully,
Vickie Traxler
Assistant Zoning Administrator
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. 1 .c. \: -tt Ci D','75', q APPL. FEE 75 9-Sff
ZONING DISTRICT A RECEIPT NO. tIDQZSco
DATE 91- S - 7 Q APPL. CHECKED BY U.i-
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: Sr. I of SW 4 Section 17 T 0 N, R 0o W
TOTAL ACREAGE : 39.735
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No
FEE OWNERS OF PROPERTY:
Name : Earl V. K. Rice
Address : 124 So. Decatur. Denver. solo. Phone :
Name: Virginia Lindblad
Address : Ht. 1 , Box 67A - Windsor. Colo. Phone : 68o-2745
Name : .ary Alice Lindblad
Address: At. 1 , Box 6b, Windsor. 0010. Phone: 60_2/49
WATER SOURCE : Larger Parcel North Weld Smaller Parcel north weld
TYPE OF SEWER: Larger Parcel Smaller Parcel Septic
PROPOSED USE : Larger Parcel Agricultural Smaller Parcel itesidence, Pasture
EXISTING DWELLINGS : (Yes or No) No (Yes or No) Lone
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)
Signature: Owner or uthorized Agent
Subscribed and sworn to before me this 5 day of /Y)Ap N_ 7-) , 19 ?q
SEAL,
\11-C.11(^ )
Notary Public
/ - 27- ? r.�
My Commission expires :
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LEGAL DESCRIPTIC" 1 - 6 ' b (o
CASE NO. t-SV - q0
30 eQ
\mS , 53M 3L N/ ? fC53CD': jAB CIA " dNLy
53M-AB
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
34 AE - cwt
153 3 32. Ire We
X 53C- 3 3 ZII e ISIe
83M - AS 3'7 Mrs ISEe
BOARD OF DIRECTORS S Sty.' NORTH WELD COUNTY WATER DISTRICT
- ERNEST TIGGES
ALEX HEIDENREICH Y•
ROBERT ALKIRE HIGHWAY 85 LUCERNE, COLORADO 80646
GARY SIMPSON LYLE NELSON, MGR.
TOM REED
P.O. BOX 56 - PHONE 956-3010
March 2 , 1979
RE: Water Service , Mary Alice & Virginia Lindblad
Dear Sirs ,
This letter is in response to your inquiry regarding water
service to the following described property :
SE* of SW* Sec 17-6-66
Lot A and Lot B
1 . _ Water service is presently being provided to the
above described property .
2 . g Water service can be 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
1(9
C
Lyl D . Nelson , Manager
LDN/rMc
Rt. 1 , box 88
Wind;,Ur, e✓olo rado
March 2, 1979
To Whom It May Concern:
My son , Lee Lindblad, and his wife , Ruby , wish to buy eleven plus
acres of SEi of Sra4 of Section 17, Township 6 , Range ub to build a
homes x'his acreage is a part of forty acres on the north side of
Highway 392 with one hundred twenty ages on the south side of high-
way 392 owned by Lee' s relatives.
Lee's Grandmother and Urandfather tti c e (C. W. ana Edith ) lived on the
farm fur fifty-four years ana fanned the land fur almost fifty years.
The farm is now owned by Carl. v. Rice-two-fifths (l..W. Rice ' s brother) ,
virginia Rice Lindblad- three-tenths (t... W. Rice's daughter) , and me-
three-tenths lv.W. mice` s daughter). We three owners have agreed to
let Lee and Ruby buy an acreage so that their proposed home will not
be divided among the heirs or possible outsiders when the farm again
goes into an estate. Lee is hoping he may be able to farm the land -
the other one hundred forty-nine acres-sometime in the future.
The eleven plus acreage is pasture land; only ' of an acre of it has
ever been farmed. Only ten acres of tree entire forty acres north of
the highway are farmable. The remainder of the land is pasture that
has never been farmed.
The eleven plus acreage is boundeu on the west by the neighbor' s pasture,
and on the south ny Highway 392. where is an access entrance already
in existence from Highway 392 to theeleven plus acreage. The North
`t'
eld water District line runs along tine south end of the forty
acres. Lee plans to use a septic tank and a leach field.
May we sell the designated eleven plus acres to Lee ana Ruby
Lindblad for the purpose of building a home?
Sincerely,
, ' erlo
•
Mary Alice Lindblad
Legal Representative- Rice- Lindblad rarm
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- .39. 738! MARY Hd ice 1//YOSLAD
TorAc Rr /, Box 8B
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Vi-*#oso,P Cava/poi 4O
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FIELD CHECK
FILING NUMBER:
LSV-90 DATE OF INSPECTION: 3/16/79
NAME: Mary Alice Lindblad, et al
REQUEST: Lot Size Variance
LEGAL DESCRIPTION: SE4SW* Section 17 , T6N, R66W
LAND USE : N Agricultural
E Agricultural
S Agricultural
W Agricultural
ZONING: N Agricultural
LOCATION:
4 miles east of Windsor E Agricultural
on Highway 392 and 2-1/2 miles s Agricultural
southeast of Severance W Agricultural
COMMENTS:
Said parcel contains no improvements. It is primarily low land pasture
with some corn. There is one access existing onto Highway 392.
BY: �����,� Tcaxks,..r
y
BOARD OF HEALTH
Weld County Health Department DAVID WERKING DDS Greeley
WILLIAM BUCK. Roggen
FRANKLIN D. VO MD, MPH 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley
Director tor A. M. DOMINGUEZ. JR.. J.D.. Greeley
GREELEY, COLORADO 80631 ANNETTE M. LOPEZ. Greeley
(303)3530540 FRANK MYERS. M.P H Windsor
HERSCHEL PHELPS, JR.. M.D.,
Greeley
March 27, 1979 KATHLEEN SHAUGHNESSY. PHN. Ault
ARTHUR G. WATSON. Platteville
�� icT?5 c lh
Chuck Cunli£f Ko RE 4R 1&;9 >;
c
Planning & Zoning fir?, tC� �*!'
915 10th Street = �aemg�e0
Greeley, CO 80631 � v✓
TO WHOM IT MAY CONCERN:
Pia CI Oft
The soil belonging to Mary Alice Lindblad located in the SE', SWn
S17,T6N, R66W appears not suitable for a conventional septic system.
The exact suitability of the soil, however, cannot be determined
until a soil percolation test is performed.
Sincerely,
John G. Hall, MPH
Director, Environmental Health Services
JGH/hv
STATE DEPARTMENT OF HIGHWAYS Weld County
SH 392
JACK KINSTLINGER EXECUTIVE DIRECTOR Lindblad Lot Var.
DIVISION OF HIGHWAYS DISTRICT 4
E. N. HAASE S
Lit‘ccy DWIGHT M. BOWER
CHIEF ENGINEER DISTRICT ENGINEER
STATE OF COLORADO 4 Mi . E. of
P.O. SOX 850-1420 - 2ND ST. • GREELEY. COLORADO 80631 • (303) 3531232 Windsor on N.
Side of 392
March 28, 1979
DOH FILE 45100
Ms. Vickie Traxler
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Ms. Traxler:
We have reviewed the Mary Alice Lindblad application for a
Lot Size Variance, and we find no conflicts with our interests.
However, we would like to point out that traffic projections indi-
cate the need for a total of 150 feet of right of way, 75 feet each
side of the centerline.
Thank you for the opportunity to review this request.
Very truly yours,
DWIGHT M. BOWER
1128 30 )-
DISTRICT ENGINEER
MAR 1S-19
RECEIVED 31 _ t
aM Calif
RolithrOAN / Albert Chotvacs
Assistant District Engineer
AC: da
cc: D. M. Bower
D. N. Fraser (2)
File: Crier-Jacobson via Rames-Finch-Graham
w/encl .
i
i
mEmORAnDUm
To Planning Commission Date April 3, 1979
COLORADO ce) Gilman E. Olson, Utility-Subdivision Administrator
Mary Alice Lindblad (L.S.V.)
Subject:
No engineering problems are anticipated by this request.
All ingress and egress to be made onto State Highway 392.
Gi man E. Olson
Utility-Subdivision Administrator
GEO:sar
APR 1979 9
RECEIVED
M'tM Cause
Maeni� amiss,*
B 6s N`vc)61 GI IOW'
�4'^j
I ! I wooN759/ 9% FEB
Recorded of --C.— o'clock ..mod .-- 9`,.
Rea No. 1 %@.77 5. Lee shah..; Jr., Recerrs
al
5 .
1LSD OF DISTnlburrON DY CO-1E11SO:4AL REl7tii`W? TIVE3 --- INTESTATE ESTATE.
' Thin Deed trade by Crary Alice Lindblad and Virginia Lindblad Co-personal
S Reprosentt,tivos of the ',notate of Chauncey 7lilliaa Rico. also known as Chauncey
W. Rice, Chou 17, nice end C. W. Rica, decoaaod, GRANTORS to Mary Alice Lindblad .
•n o ono-half (1) snare end to Virginia Lindblad a ono-half (1) °hare an tenants in
co:^+on, whoa° respective addraseoa are Amato 1, Box 00, Windsor, Colorado 80550,
r- and "nouto 1, box 07, Windsor, Colorado 00ob0.
J`
pWhereon the above-named dooadent died intestate December 24, 1975 in
al Weld County, Colorado and the GRANTORS were duly appointed by the District Court (.
ti of Weld County and State of Colorado, in Probate No. P-13G1T, Co-personal
Representatives of sold Estate January 12, 1978, and they are now qualified and t
a acting In such capacity and that the Formal Administration of said Estate is
m unsupervised; and •
we
ti Whoreae by DECREE of said Court entered January 12, 1976 GRANTEES wore
cs determined to be the only hairs of said decadent.
0
Now therefore OUNIORS hereby distributes in kind, aesiGae,tranefere, j.
t v releases and conveys to GRANa?S each an undivided one-half (ft) share end t
r interest in and to the following described real property in Wald County, Colorado:
rn
1
se of the South-
t"i 1. An undivided 3/3 interest in the Southeast Quarter (w•')
W of bastion 17, and all that unreel of the Northwest
west ur (1W 1�f ) test of 9enal No. 2, all in Tocvalp
C, NOrt IN6),) of eehu,,t 20 lying test coutniaiug
C, North, Pan:::3 4o 2luet of aid P.N.. Weld the lie, Colorado,
178.4 acres more or lune; said parcel In the fiertawe at oint er QM)
is particularly de aoribnd se 10.10fella's; Batt Toins at it nship G Dolth,ehence Gae
corner etiee6 to Suctions 12.10,10 and 20,
want of ti's Btn ?Al. Lo true Yost a d09�e d�°; 'stoat 1997 fart, thence
15.7 feet, thenee
South 1°allm5 2det.5 foot, !hones North t9
•
North 19 meet 629 fact, thence North 15 57' Neat 724.2 feet, 1..I'
6.7
feet thence North76°l 25' nest foott,thonoeoNo th909°.50Ceteat t 1912.5 t`
feet. Ssln said lest mimed parcel contclnirg `-
130. to tha mpores of ate et
en 4 acres rero or less; ita ibex with on. undivided oud Interest lrting
end to 4 obures.of the capital stuck or host cache La Youtlra lrriSu
Cowpony, en undivided 5/:+ interest in and to 12 share:, of ofat h 0/Sittal t
eeisat 4
stock of The Cucre La Ytwtl re Re aerrelr Can?any, -
In and to 2 Aheree of the capltelttoe'ncdof The Windsor
d arl sera rights,
eservoir en
Canal CaupanY so' a 3/5 interest Sv,
water ditches and water easements tharcunto belonging gs the n seny
ny else
• appertaining stitch era non or hereartnr may used by deeds (; _
premise,. above daaeedbed; 7XCi"-2 HIGNT OY Oa
convel onveyed conveyed by dead
recorded in hook 1:146 ph3on 87 end O9 ,
reosrdod In Book 1451 paro 524, 51^C?RIGE2 OF NAY assonant as frant-
ea by lnstr=aut recorded ae Reception.No. 1427555 in Book 505 and
xi[t3PT ra:.u:vsl lcuo contained in )'c Lana recLasso's, °RVATI nook 2a by page
all of the i:o lo' County Retards!.
end 3NC:PT R. Rice of one-belf of one-fifth (1/10) of all oil, gm and other
minerals within and under all of said land an oat forth in deed
recorded ceder Reception No. 1157042 in Hook 535 of the Weld County
Records. '
2. M undivided throeecirjn to/t'o) Interest of all gee, oil and other (,
minors;a within and under rho Northeast Quarter (il %) of Section 20, . t ;
Tonenhip 6 North, Reuse Os :test of the Gth'P..1., Vold County. Colorado.
with all appurtenances. ,
Executed February 4, 1976 •
72A .!If'r i ,e.�/fl4e, x U,c , �
giants n
Co-personal Represontativea of Snte of Chauncey W. Rice, .
deceased. y
&TAT'S Oy COLORADO, County of Weld.) us, • ff.
The forogoing instrument was acknowledged before me this day of I ,
February, 197'), by :dory Alice Lindblad and Virginia Lindblad Co-perso' pn�• ''.
Rapresontmt;v as of rho 'la -ta of Chauncey-w fli
1919 CriC)4 04.5.MQ.,49 dLs`Aehe lay..1e4-and
offlcal seal. My co,moieion expires i o` �.i ' • 4; t.
1 of - rub; v1.// ` !.iz4
..._.,bD0K fl.axaaw.r_l0°�rciotk t' - FEB 21 1978
v 823 Rte.No. 1745084 man n. fawns.%A m.
to
!I
1 � I
PERSONAL REPRESENTATIVE'S DEED
U (INTESTATE ESTATE) ` I
LI EARL V V. E: ItT('E_ as Personal
ra THIS DF.FDia mr.de by _ tptmnxtmtrltnY g at3 I saa
Representative of the Estate of—EETRL V. E
L (. RINIFJ ,Grantee,whose
onr deceased.Grantor,to --r. address is 1"d a noral'nr_ Denver_ n n
On,
Ethel M.- MCDan lel died intestate at 1
• WHEREAS, October 10 1916_4 '
Denver, Colorado ,otl_
a WHEREAS. Grantor was duly appointed Personal Representative of slid Estate by the
.a n Probate Court in and for the_City and County of Denver ,
o and State of Colorado,Probate No. P1.4933 ,on July 6 19J1_,and is
now qualified and acting in said capacity.
rte,' i NOW,THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Pro-
nl bate Code,Grantor does hereby sell,convey,assign,transfer and set over unto Grantee baYt�tz
N
.a— *tteMa,.)t (Asthe person t .
�k0.9e)••(As the person entitled to distribution of the property in the above captioned d EstaLe)'
1 the following described real property situate in the
County of
State of Colorado:
A one-fifth interest in the NW1/4 of Sec. 20, T6N, R66W and
SE1/4 of the SW1/4 of Sec. 17, T6N, R66W, Weld County,
State of Colorado
6/SOths interest in the gas, oil and mineral rights in the
NE1/4 of Sec. 20, T6N, R66W, Weld County, State of Colorado.
also known as street and number
With all appurtenance%free and clear of liens and encumbrances,except: none
j .
III
1
' As used herein,the singular includes the plural and the masculine gender the feminine and
i neuter genders as the context may require.
Executed February 2 ,19
as Personal Representative of the ' t
I Ii Estate of th Eei_11-_—Daniel tt .
p9xoittsol mra tales ter Deceased
r j
STATE OFCOLORADO
Ia_
City and—COUNTY OF Duster
The,by E foregoing instrument was wacknowledgedbefore me this 2nd ersonal Representative of the
tp7B Earl V E Aire __k x��rtpaar•Deceased.
Eatntey,(,...,oh81 M MrfafS el �.I
HI'4jtrtarcrf),r'k and and a.ffcial seal
\ •i to;My 1Ann/'aidnsx?ire_� August 23,_ ''Q11 t
₹" Q •:ar ' i s ' - ._.1—t a ter' y 5:), r- I
lit , `,per �` !0 E Notary Public
consult Colorado Statutes regarding homestead
I "'tittle if t5Yu1ht was married. If stricken,
1 txtnl4Fttla3o}{osslble requirement of a Deed from survttl.t ,,per
fPHI.Per.mdR,prw_al.atr•Dad IInb.latio-mdw+Wl+..h,p 0....144.16......,.tn.,.I...I, ..h I:a
•
1111- .. _
111 _._... _ . .. T' ��.., ..`..�. !
4
Telephone call on April 9, 1979 at 3 : 30 PM to Mr . Hummel for the
Town of Severance Planning Commission
RE: LSV-90: 79: 9
Mr . Hummel speaking for the Planning Commission said that the Town
of Severance Planning Commission recommended approval of the Lot
Size Variance because the property is poorly suited for agricultural
purposes.
Vickie Traxler
Assistant Zoning Administrator
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