HomeMy WebLinkAbout20120469.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, February 7, 2012
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, February 7, 2012, in
the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting
was called to order by Chair Bruce Fitzgerald at 11:00 a.m.
Roll Call Absent
Jason Maxey
Erich Ehrlich
Bill Hall
Bruce Fitzgerald
Larry Reno
Jerry Neff
Bryant Gimlin
Jim Cosner
Also Present: Kim Ogle and Michelle Martin, Department of Planning; Brad Yatabe, County Attorney; and
Kristine Ranslem, Secretary.
Jason Maxey moved to approve the August 8, 2011 Weld County Board of Adjustment minutes,
seconded by Jerry Neff. Motion carried.
Brad Yatabe, County Attorney, stated that he understands that there are Regular Members in attendance
today as well as Associate Members and added that in terms of voting for today's items only the Regular
Members will be able to vote. Typically, the Regular Members vote with the Associate Members
substituting when not all Regular members are available.
Mr. Fitzgerald clarified if we need to substitute Jim Cosner's Regular Member vote for an Associate
Member. Mr. Yatabe stated that was correct. Erich Ehrlich moved to have Bill Hall, who is an Associate
Member, replace Mr. Cosner's Regular Member vote, seconded by Jerry Neff. Motion carried.
Bill Hall nominated Bruce Fitzgerald as Chair for the Board of Adjustment. Mr. Fitzgerald said he would
accept the nomination as Chair.
Erich Ehrlich nominated Jason Maxey as Vice-Chair for the Board of Adjustment. Mr. Maxey agreed to
accept the nomination as Vice-Chair.
The Chair read the first case into record.
CASE#: BOA11-0001
APPLICANT: STANLEY LUEBBERS
PLANNER: KIM OGLE
REQUEST: APPLICATION FOR A VARIANCE FROM THE REQUIRED SETBACK (20-
FEET) FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY (COUNTY
ROAD 12) IN THE A (AGRICULTURAL) ZONE DISTRICT. THE 1950 GARAGE
IS LOCATED APPROXIMATELY SIXTEEN (16) FEET WITHIN THE REQUIRED
20-FOOT SETBACK FROM COUNTY ROAD 12.
LEGAL DESCRIPTION: PART NW4NW4 SECTION 10, -11 N, R65W OF THE 6th P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 12; EAST OF AND ADJACENT TO CR 43.
Kim Ogle, Planning Services, stated that the applicants have applied for a variance to allow
encroachment of a garage into the publicly maintained road right-of-way. The 1950 style garage is
located thirty four (34) feet from the centerline of County Road 12. The garage was constructed in 1950
prior to the adoption of zoning in the County and without a building permit. The applicants acquired the
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property following a foreclosure and have no records of the property other than those from the Assessor's
office.
Six referrals were sent out for review and five responded with comments.
The Weld County Department of Planning Services has determined that the submitted materials are in
compliance with the application requirements of Section 23-6-40.A of the Weld County Code and the
Weld County Department of Planning Services recommends that this request be approved for the
following reasons:
23-6-340.C.1 "Special conditions and circumstances exist which are peculiar to the lot, structure or
building involved and which are not applicable to other lots, structures or buildings in the same zoning
district
The Luebbers acquired the property following a foreclosure and have no prior knowledge or records of
the property other than those available through Weld County. Weld County has no record of building
permits being submitted for the 1950 building.
23-6-340.C.3 "The special conditions and circumstances do not result solely from the actions of the
appellant."
As previously stated, the Luebbers acquired this property following a foreclosure and inherited the garage
as constructed in the location on the property. They have diligently worked to repair the property and
restore it since their purchase in mid December 2010 and, according to Weld County records, the garage
structure was built in 1950 and was not constructed by the Luebbers.
23-6-340.C.5 "The granting of the variance will be in harmony with the purpose and intent of this Chapter,
and will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or
welfare." (Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2009-8)
The applicant's request would afford them the opportunity to utilize their property to its highest and best
use. Further, the adjacent properties are rural agricultural on mid to large tracts of land with the Hudson
Nursery adjacent to the West, cropland to the East and South and smaller to mid-sized agrarian land in
production to the north, the north lands also include a cell tower permit under USR-1313. There are no
current traffic counts for either County Road 43 or 12 in this general location. Given the limited access to
local traffic only, the grant of variance would not be a determent to public health, safety or welfare.
This application, if approved by the Board of Adjustment (BOA), will correct a portion of the violation. If
this application is approved, a Use by Special Review permit would then be necessary in order to correct
the violation. If this application is denied, the garage shall be restored to a garage as any change in use
would require the building to meet setbacks."
The Department of Planning Services requests support of the variance request by Delores, Raymond and
Stanley Luebbers.
Stan Luebbers stated that he lives in Erie Colorado and is representing his parents. The building has a
concrete floor throughout with tin siding and roofing. There is a concrete pad in front of the garage and it
appears that it was poured in one big slab. They acquired the property through a foreclosure. There was
an existing bathroom, wood burning stove, some cabinets with sink and counter. Mr. Luebbers stated
that they intend to use the building as a caretaker's residence and office.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Erich Ehrlich moved that Case BOA11-0001 be approved, seconded by Jason Maxey.
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The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Bill Hall,
yes; Jason Maxey, yes; Erich Ehrrich, yes; Jim Cosner, absent; Jerry Neff, yes; Bruce Fitzgerald, yes.
Motion carried.
CASE NUMBER: BOA11-0002
APPLICANT: DAN ODELL
PLANNER: MICHELLE MARTIN
REQUEST: VARIANCE FOR THE ENCROACHMENT OF 4 BUILDINGS INTO THE 5 FOOT
OFFSET (1 FOOT FOR EVERY 3 FEET OF BUILDING HEIGHT) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART SW4 SECTION 1, T1N, R67W OF THE 6th P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF STATE HWY 52 AND EAST OF AND ADJACENT TO CR 23.
Michelle Martin, Planning Services, stated that the applicant purchased the property in May 2011.
According to Weld County Assessor records the existing buildings in question today were built in 1976,
1977 and 1986 and currently do not meet the offset setbacks in the Agricultural Zone District. The
buildings in question are approximately 3 feet from the property line and based on the height of the
structures, which is 15 feet, they need to be 5 feet from the property line. This issue was brought to our
attention when the applicant went through the Use by Special Review process for his sawmill operation
(USR11-0001).
Literal interpretation of the 5 foot offset requirement in the Agricultural Zone District would require the
applicant to move the buildings 2 feet to the south. It is Planning Staffs opinion that these 4 buildings
would have little to no impact on and will not cause a negative impact on surrounding property owners.
The surrounding property owners within 500 feet of this parcel were notified of this application and no
comments, phone calls or emails have been received from any of those property owners.
Should the Board of Adjustment approve this request, the Department of Planning Services recommends
that the following condition be attached:
1. The applicant shall obtain all the necessary permits through the Weld County Building
Department and Fort Lupton Fire Protection District.
According to the Weld County Building Department referral, dated January 30, 2012, the structures do not
meet the requirements for fire resistive construction for exterior walls based on fire separation distance
and the Table 602 of the 2006 International Building Code. The structures are less than 5 feet from the
property line and therefore 2 hour fire-wall is required per the International Building Code.
Ms. Martin noted a sliver of land which runs along the northern portion of the property in question. This
parcel is used as an access for the commercial business to the north and also Mr. Odell has acquired an
easement to use this parcel for access to his business operation.
In response to Jerry Neffs inquiry, Frank Piacentino, Building Department, said that the buildings are pole
frame structures with steel siding and roof. He added that we can look at other alternatives for less fire
resistive construction.
Dan Odell, 5406 CR 23, stated that he started as an arborist in the early 1990's and now has recently
obtained a USR with Weld County at this site for his lumber and sawmill operation. He is prepared to put
in the required fire wall separation. These buildings are only used to store wood.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Jerry Neff moved that Case BOA11-0002 be approved along with the Conditions of Approval as
proposed, seconded by Erich Ehrlich.
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The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Bill Hall,
yes; Jason Maxey, yes; Erich Ehlrich, yes; Jim Cosner, absent; Jerry Neff, yes; Bruce Fitzgerald, yes.
Motion carried.
Meeting adjourned at 11:50 am.
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Respectfully submitted,
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Kristine Ranslem
Secretary
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