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HomeMy WebLinkAbout760615.tiff RESOLUTION WHEREAS, it has been determined by the Board of County Com- missioners, Weld County, Colorado, that Clarence V. Anderson, Greeley, Colorado, is the owner of approximately 18. 90 acres of irrigated land located in a portion of the South Half of the Southwest Quarter of Section 14, Township 6 North, Range 66 West of the 6th P. M. , Weld County, Colorado, and located approximately 2-3/4 miles West of Lucerne Northeast of the intersection of Highway #392 and County Road ?33, and WHEREAS, Mr. Anderson is desirous of selling 3. 90 acres of this land and keeping approximately 15 acres unto himself, and WHEREAS, it appears that to accomplish said sale, Clarence V. Anderson may apply for a recorded exemption from the subdivision regulations of Weld County, as the same is defined in Section 9-4 of the Weld County Subdivision Regulations, and WHEREAS, in addition to evidence presented by Clarence V. Anderson, the Weld County Planning Commission Staff has presented evidence and made representations concerning the desirability of granting said variance, and WHEREAS, the Board of County Commissioners feels that when all of the evidence and representations are considered, good cause for granting a variance as requested from the minimum lot size requirements of the Weld County Zoning Resolution has been shown. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the powers granted to the County under Title 30 C. R. S. 1973 and Section 9-4A (6) Weld County Subdivision Regulations, as amended; that Clarence V. Anderson may proceed to apply for a Recorded Exemption and the lot size variance is con- ditioned on the applicant applying for and doing all necessary to obtain said Recorded Exemption within one year, and said variance is limited to Clarence V. Anderson and will terminate if he sells or otherwise discontinues his interest in the above mentioned land prior to obtaining approval for and recording the above mentioned Recorded Exemption. Dated this 12th day of May, A. D. , 1976. ATTEST: S!l,0`'' BOARD OF COUNTY COMMISSIONERS 4=: . l� e / �' WELD COUNTY, COLORADO Weld County Clerk and Recorder // and Clerk to the Board /) 2-172- 'et.te.+— /2:x�(�2t i By ''' 't /, (, ;- -.��,. ,- (� (.....„.„ . ty L :::TO FOR • / �r- -r.-u 6.:!__,,t 2 �/ l)4.4,7.i, 2i l-( 1 Special egal Coun eL 9(6 Xc i \_, 7'7771.' i(�Vv) 760615 I / • l / "_1- i li 1s � /} OFFICE of THE PLANNING COMMISSION " 3 `-�_` GARY Z. FORTNER I - DIRECTOR OF PLANNING I PHONE 13031 353-2212 EXT.227,228 ' 1516 HOSPITAL ROAD GREELEY,COLORADO 80631 COLORADO May 7, 1976 • Board of County Commissioners Weld County, Colorado 1516 Hospital Road Greeley, CO 80631 Re: Lot Size Variance Request Dear'Commissioners: The attached materials are in reference to a request, by Clarence V. Anderson, for a Lot Size Variance on a parcel of land described as part of the S'z of the SW'., of Section 14 T6N R66W of the 6th P.M. , Held County, Colorado. Said parcel is located 2 3/4 miles west of Lucerne northeast of the intersection of Highway 392 .and County Poad 33. The subject property contains approximately 18.90 acres of irrinated land. The request is to split the property into two parcels. If approved there would result a 3.90 acre parcel with all the improvements and a 15 acre parcel without improvements. The stated intent is to sell the 3. 90 acre parcel with improvements and construct new improvements on the 15 acre parcel at a later date. Based upon the information submitted, the Planning Commission staff recommends denial for the following reasons: 1 . The proposed split does not_ comply with the Weld County Comprehensive Plan because it would promote non-agri- cultural use of agricultural land and it would encourage urban encroachment on rural land use. 2. This lot size variance 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 Ex- emption procedure is to provide, in accordance WELD COUNTY COMMISSIONERS ,IONE SI EINMAHK VIC run JACOHOCCI NOIIMAN CAHLSON GI LNN K. HII t RIGS A f County Cry-nnissioners J May 7 , 1976 Pay with the Weld County Comprehensive Plan, a means whereby non-productive agricultural lands may be developed for higher or more productive uses, in- so-far as such uses are compatible with surround- ing agricultural uses in areas where such land divisions are proposed. (Rev. 4/17/74)" Soils in this area are Class II. The granting of this lot size variance and a subsequent recorded exemption would allow for the conversion of productive agricultural lands since a new set of improvements would be allowed on the 15 acre parcel . 3. This lot size variance 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-I Agri- . cultural Zone District is to allow all agricultural and related uses in those areas in which agriculture is and should continue to be the predominant land use. This district is intended to discourage en- croachment of incompatible uses upon the agricultural land in the district, to encourage agricultural 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 Comprehensive Plan. " The request would not be encouraging agricultural uses as the high- est and best uses and it would not be providing for the orderly expansion of urban growth. Res4ectfull_� `, 11, 41.41414d C . 4) Thomas E. Honn Zoning Administrator KM/jsm t4 T!_ DEPARTMENT OF PLANNING SERVICES WELD COUNTY CENTENNIAL CENTER 1014 915 10th STREET GREELEY,COLORADO 80631 111 pGARY Z. FORTNER DIRECTOR OF PLANNING OPHONE (303) 356-4000, EXT.400 • COLORADO August 6, 1976 Clarence V. and Elizabeth E. Anderson Rt. 2, Box 325 Greeley, Colorado 80631 Re: Recorded Exemption #227 Dear Mr. and Mrs. Anderson: Your application and related materials for Recorded Exemption and Variance #635 are complete and in order. I have tentatively scheduled the hearing on the variance by the Board of Adjustments for September 9, 1976, at 2:00 P.M. If the variance is approved by the Board of Adjustments, then the hearing on the recorded exemption by the Board of County Commissioners tentatively will be September 13, 1976 at 9:30 A. M. Respectfully, Ken McWilliams Assistant Zoning Administrator jsm • WELD COUNTY COMMISSIONERS GLENN K. BILLINGS VICTOR JACOBUCCI ROY MOSER NORMAN CARLSON JUNE STEINMARK III C �.� RECORDING DATA - MAPS 6 PI_AL �` Rec. Exempt. No. 0805-14-3-RE227 NAME OF SUBDIVISION Clarence V. Anderson 8 E_lizabeth__H AndersQp---- - NAME OF SUBDIVIDER — — S2SW4 S14 T6N R66W 6PM, Weld County, Colorado I o ATION OF SUBDIVISION '-- SEP 171976 BOOK `ry77 RECEPTION # DATE OF RECORDING MARY ANN FEUERSTEIN WELD COU TY CLERK AND RECORDER BY: DEPUTY COUNTY CLERK & RECORDER Hello