HomeMy WebLinkAbout20130433.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, February 5, 2013
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, February 5, 2013, in
the Hearing Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado. The
meeting was called to order by Chair Bruce Fitzgerald at 11:03 a.m.
Roll Call
Jason Maxey
Bill Hall
Bruce Fitzgerald
Jerry Neff
William Hedberg
Jordan Jemiola
Absent
Erich Ehrlich
Also Present: Diana Aungst, Department of Planning; Brad Yatabe, County Attorney; and Kristine
Ranslem, Secretary.
Bill Hall moved to approve the June 5, 2012 Weld County Board of Adjustment minutes, seconded by
Jerry Neff. Motion carried.
CASE NUMBER: BOAl2-0002
APPLICANT: ALICIA DE HERRERA
PLANNER: DIANA AUNGST
REQUEST: VARIANCE FOR THE ENCROACHMENT OF GARAGE INTO THE 5 FOOT
OFFSET AND THE 20 FOOT SETBACK IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: L43 NW4NE4 SECTION 36, T6N, R66W ESPANOLA SUB OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: WEST AND ADJACENT TO 25TH AVE COURT AND APPROXIMATELY 500
FEET SOUTH OF "O" STREET.
Diana Aungst, Planning Services, presented Case BOAl2-0002, reading the recommendation and
comments into the record. The Department of Planning Services is recommending denial of this
application according to Sections 23-6-40.C.1, 23-6-40.C.2, and Section 23-6-40.C.3. Should the Board
of Adjustment approve this request, staff attached conditions of approval that the applicant would need to
comply with prior to the release of Building Permits.
Jason Maxey noted that he did drive to the site and inquired how this was given to the Department of
Planning Services. Ms. Aungst said that the landowner submitted a building permit application; however
they did not pick up the building permit. She added that an investigation occurred and the building
inspector noted that the garage was built and found that it was possibly encroaching into the offset.
Bruce Fitzgerald and William Hedberg noted that they visited the site as well
Mr. Fitzgerald asked if the alleys are used in the subdivision. Ms. Aungst stated that they are not used to
convey automobiles.
Jerry Neff asked what the approximate distance is from the front of the garage to the back of the house.
Ms. Aungst said that there is approximately 3 feet distance.
Jasper Freese, 2012 Beach Avenue, Greeley, Colorado, stated that he is assisting the applicant. He said
that this creates problems for all landowners within the subdivision because of the encroachments into
the public right-of-way. He recommended that this case be denied so that they would have the
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opportunity to bring it before the Board of County Commissioners to correct the subdivision
encroachments.
Christina, 1952 29`" Avenue, stated that her friend Alicia purchased the property from her father in August
2011. Mr. Maxey asked staff if a building permit can be issued to a non -property owner. Ms. Aungst said
that Alicia talked with Jesus and he agreed to take care of the building permits. We can issue permits to
anyone other than the landowner, for example contractors.
Mr. Maxey asked if there was no alley would it be normal setback requirements. Ms. Aungst said that the
garage would be only 1 or 2 feet into the setback if there was no alley.
Mr. Yatabe noted that Mr. Freese recommended denial of this request but wished to clarify for the
applicant clarified that the Board of Adjustment makes the final decision on this request. He added that
this is not a decision appealable to the Board of County Commissioners. Mr. Freese said that he did not
understand and added that the problem is with the alley. Mr. Yatabe clarified that the variance request
today is determined by the Board of Adjustment. It does not go to the Board of County Commissioners.
He further added that this would be one step in the process for having that garage remain as it is now on
the property. The Chair asked Mr. Freese if understands the process now. Mr. Freese said that he
understands now that the Board of Adjustment has the final determination for the variance request.
The Chair asked Mr. Freese if he wishes to recind the request for denial. Mr. Freese said that he would
like to withdraw his denial request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Joanna Autobee, 2730 W O Street, inquired if this alley would affect her residence. It was determined
that she does not live next to the property and she was satisfied.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. Mr. Freese replied that he would like to go over these items with his client.
The Chair called a recess at 11:39 a.m. and reconvened the meeting at 11:47 p.m.
Ms. Aungst said that she would like to request an amendment to Condition of Approval 4 by changing
"west wall" to "south wall".
Bill Hall moved to amend Condition of Approval 4 as stated by staff, seconded by Jason Maxey. Motion
carried unanimously.
Mr. Freese said that they received this report in the last 10 days and did not know about many of these
requirements. He suggested that this meeting be continued until a work session can be held by the
Board of County Commissioners to see what they are willing to do to resolve the issues in the
subdivision.
Mr. Yatabe said that he understands what Mr. Freese is requesting as far as requesting a work session to
resolve the greater issue as to the entire alley and subdivision. However, the Board of County
Commissioners have created the Board of Adjustment to address such matters as these and a work
session would not necessarily resolve the variance to setback and offset requirements. Mr. Yatabe
added that he believes Mr. Freese has had the opportunity whether he understood it or not prior to this
case to try and address this issue through a work session to talk directly to the Board of County
Commissioners for a solution. He believes that a work session will not change what the Board of
Adjustments powers are in terms of this particular case.
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Ms. Aungst said that there was a pre -application held on June 15, 2012 that outlined the setback issue as
well as the 4% rule. Ms. De Herrara has trouble speaking or understanding the English language;
however there was an interpreter that explained the details to her and what was required.
Mr. Fitzgerald said that he feels they need to honor the applicant's request to continue this case. Mr.
Yatabe said that they should consider what grounds the continuance is for, such as if Mr. Freese didn't
receive particular notice of specific issues and wants to present additional evidence that he didn't have
time to prepare. The issue of the vacation of the right-of-way has always been a separate issue to be
determined by the County Commissioners.
The Chair asked Mr. Freese if he wishes to continue this case. Mr. Freese stated that he would like to
have a work session with the Board of County Commissioners for further direction to resolve this problem
and added that he would like to continue this item.
Jerry Neff moved that Case BOAl2-0002 be continued to the April 2, 2013 Board of Adjustment hearing,
seconded by Bill Hall.
Vote: Motion carried (summary: Yes = 4, No = 2).
Yes: Bill Hall, Jerry Neff, William Hedberg, and Bruce Fitzgerald.
No: Jason Maxey and Jordan Jemiola.
Jason Maxey commented that he believes that the case could easily be voted on today and would have
voted in favor of the variance. He hopes that the County will look at this as a whole and might consider
the resubdivision in this situation.
Jordan Jemiola stated that he believes that this is a decision that could be made today.
William Hedberg stated that he believes that a decision could be made today; however it is paramount to
honor the applicant's request.
Bill Hall recommended that the Commissioner's take the opportunity to resolve this issue.
Bruce Fitzgerald commented that he believes this subdivision has had problems for several years. He
recommended that the applicant go through the conditions of approval and visit with the planner for any
concerns regarding these issues.
Meeting adjourned at 12:21 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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