HomeMy WebLinkAbout20132297.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, August 6, 2013
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, August 6, 2013, in the
Hearing Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado. The
meeting was called to order by Vice Chair, Jason Maxey, at 11:00 a.m.
Roll Call.
Present Jason Maxey, Jerry Neff, Jordan Jemiola, William Hedberg, Gary Cyr, Michael Wailes and Jim
Rohn.
Absent/Excused: Erich Ehrlich.
Also Present: Tiffane Johnson, Department of Planning;
Ranslem, Secretary.
Jerry Neff moved to approve the June 4, 2013 Weld County
William Hedberg. Motion carried.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
Bob Choate, County Attorney; and Kristine
Board of Adjustment minutes, seconded by
BOA13-0002
GARY KIER
TIFFANE JOHNSON
A VARIANCE FROM THE REQUIRED 4 FOOT OFFSET TO ALLOW
ONE GARAGE TO ENCROACH 2.5 FOOT INTO THE OFFSET.
L2 BLK29 2ND ARISTOCRAT RANCHETTES; PART OF SECTION 27,
T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
ARISTOCRAT RANCHETTES NORTHEAST OF FORT LUPTON.
SOUTH OF AND ADJACENT TO CAROLINE AVENUE
APPROXIMATELY 1600 FEET EAST OF CR 31.
Tiffane Johnson, Planning Services, presented Case BOA13-0002, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval.
Commissioner Maxey noted that he visited the site today.
Laurie Kier, 13566 Caroline Avenue, Ft. Lupton Colorado, stated that the garage was constructed in the
summer of 1997. The materials were used and she added that the building started as a pole barn but
they decided to build a garage instead. Ms. Kier said that there is a cement floor in it and it is well built.
She added that they have been trying to work with the County to bring the garage into compliance;
therefore they are here requesting a variance.
Ms. Kier stated that they will comply with the additional five (5) items listed in the staff report to bring the
building into compliance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Benjamin Hansford, 15376 Caroline Avenue and 15251 Casler Avenue, Ft. Lupton, Colorado, stated that
he has property just east of the applicant's property. Mr. Hansford provided a handout of the court
proceedings he had with the applicant regarding the property line dispute. He gave a timeline of the
proceedings and how the property line was determined.
The Chair asked for Mr. Hansford to vocalize his opposition to this variance.
Mr. Hansford expressed concern about the fire code with the garage so close to his fence as well as fire
access between his fence and the garage. He added that the applicants should not be granted the
variance because of the way this situation was handled.
The Chair asked the Building representatives if they could talk about the fire code and the requirements
for this building.
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Jose Gonzales, Building Department, said that according to the Building Codes, a 1 hour fire rated wall is
required on the east side of the garage if the variance is approved. In regard to fire access, there is
nothing in the code that provides a requirement on distance.
Jason Maxey asked what the Code requires for distance between the house and the garage. Mr.
Gonzalez said that the Code does not have a requirement for distance but it does require fire protection.
Gary Kier, 13566 Caroline Avenue, stated that according to the map in 1984 for his septic and leach field
to the fence that was previously installed it was correct. Therefore they didn't feel they needed to have a
survey done.
William Hedberg wished to clarify if the setback is from the eave or wall. Ms. Johnson said that it is from
the eave.
Jerry Neff asked the applicant what he utilizes this garage for. Mr. Kier said it contains his tools and an
antique car. There is electricity but there are no other utilities.
Mr. Maxey asked what the recourse is if this variance is approved. Ms. Johnson said that the applicants
will have 10 days to submit a building permit and then inspections would be performed to ensure the fire
wall is installed. If it is not approved it would need to be moved or demolished.
Bob Choate, County Attorney, reminded the Board of Adjustment members what criteria they need to
base their determination on.
Motion: Deny Case BOA13-0002; Moved by Jordan Jemiola, Seconded by Jerry Neff
Mr. Jemiola stated that he doesn't believe relief from provisions from Chapter 26 and 27 may be granted
when that hardship is brought about solely through the actions of the appellant. Based on the fact that a
building permit was not sought he is voting for denial.
Mr. Neff concurred with Mr. Jemiola's comments.
Mr. Maxey disagreed and added that he doesn't believe that it would infringe upon any health, safety or
welfare to allow this variance to be granted as long as the applicant complies with the requirements.
Mr. Choate noted that although there are 6 Board Members today, there is an alternate and therefore Mr.
Wailes will not be voting.
Vote: Motion failed (summary: Yes = 2, No = 3).
Yes: Jerry Neff, Jordan Jemiola.
No: Gary Cyr, William Hedberg, Jason Maxey
Motion: Approve Case BOA13-0002 along with the Conditions of Approval, Moved by William Hedberg,
Seconded by Jerry Neff.
Vote: Motion carried (summary: Yes = 4, No = 1).
Yes: Bill Hedberg, Jerry Neff, Gary Cyr, Jason Maxey.
No: Jordan Jemiola
Meeting adjourned at 11:58 am.
Respectfully submitted,
Kristine Ranslem
Secretary
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