HomeMy WebLinkAbout20112261 MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, August 2, 2011
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, August 2, 2010, in the
Hearing Room of the Department of Planning Services, 918 10th Street, Greeley, Colorado. The meeting
was called to order by Chair Bruce Fitzgerald at 11:06 a.m.
Roll Call Absent
Larry Reno
Erich Ehrlich
Bill Hall
Bruce Fitzgerald
Jason Maxey
Jerry Neff
Bryant Gimlin
Jim Cosner
Also Present: Chris Gathman, Department of Planning; Mary Evett, Environmental Health; Bruce Barker,
County Attorney; and Kristine Ranslem, Secretary.
Bryant Gimlin moved to approve the July 12, 2011 Weld County Board of Adjustment minutes, seconded
by Jerry Neff. Motion carried.
CASE NUMBER: BOA-1068
APPLICANT: Pedro Saucedo, c/o Gabriela Ramirez
PLANNER: Chris Gathman
REQUEST: Request for a variance to allow a garage addition to encroach 4'4" into the
required 20 foot setback per Section 23-3-50.B of the Weld County Code.
LEGAL DESCRIPTION: Lot 8, Block 50, Aristocrat Ranchettes, Second Filing; located in Part of the SE4
of Section 27, T2N, R66W of the 6th P.M.,Weld County, Colorado
LOCATION: North of and adjacent to Coleman Avenue; West of and adjacent to Woodruff
Street.
Chris Gathman, Planning Services, stated that the applicant is requesting a variance from the required
setback of 20 feet from publicly maintained road right-of-way, which would be Woodruff Street. This
garage is located approximately 4 feet 4 inches within this required 20 foot setback.
The garage addition was constructed without building permits. The original building was in place prior to
this; however the applicant purchased the property in April of 2010. There is an outstanding building
code violation on this property under Case BCV10-00165 for the replacement of a window, installation of
garage doors, replacement of roof shingles, stuccoing the exterior of the building and installation of
concrete without proper building permits. This violation was initiated upon receipt of a complaint in
December 2010. The applicants have submitted a building permit to correct the violation; however this
building permit cannot be released until or if this variance is approved.
According to the Weld County Assessor's records, there was a 30 foot by 24 foot pole construction
fiberglass skin building with a dirt floor in this location when the property was assessed in 1985. This
building has since been modified to become a 30 foot by 24 foot wood framed garage. According to
Assessor's records, this building was constructed sometime between 1977 and 1985; however we have
no record of building permits ever being submitted for the original building.
The parcel of land under consideration is described as Lot 8, Block 50, Aristocrat Ranchettes, Second
Filing; located in part of the SE4 of Section 27, T2N, R66W of the 6th P.M. Weld County, Colorado
(Parcel number: 1309 27 414004). The parcel is approximately 1.25 acres in size and is located north of
��vi and adjacent to Coleman�- Avenue and west of and adjacent to Woodruff Street.
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Mr. Gathman said that this is an interesting situation in that there are some onsite constraints. To meet
setbacks they would need to relocate the garage on the property as there is only 2 feet between the
existing residence and this garage.
Based on our records there doesn't appear to be a nonconforming use since according to the Assessor's
records it appears to be placed on this site between 1977 and 1985. He added that there were setback
requirements in place going back to the 1960's. The issue is that they had an existing structure which
they have renovated without building permits.
In staff's opinion it creates special conditions and circumstances which resulted from the actions of the
appellant. Therefore staff is recommending denial of this variance.
Bryant Gimlin asked if a title search or survey pointed this deficiency out when the applicants purchased
the property in 2010. Mr. Gathman said that the applicant's realtor is here and added that he would defer
that question to the applicant.
Bruce Fitzgerald asked if the conditions of approval are complete. Mr. Gathman stated that the Health
Department does not have record of a septic permit for the residence. The residence was originally
constructed in 1927 so they would need to go through a process called "Statement of Existing" to verify
that the septic is still functioning properly. Another issue is that the Health Department wanted verification
that the addition is not located over any utilities or utility easements since they have put in a concrete pad.
In addition, a copy of a water bill providing evidence that they have water service would need to be
provided.
Gabriella Ramirez, 15463 Barley Ave, Ft. Lupton, CO, introduced herself.
Betty Close, 8110 CR 13, Suite 4, Firestone, CO, stated that she was the realtor involved in the sale of
this property in April 2010. The property had to have an FHA loan on it. In order for FHA to have issued
a guaranteed loan there would to have been proof of an existing sewage disposal system and that water
was available. She added that those documents should be in existence in the file.
Ms. Close provided a signed letter from the lady who lives across the street, Marie Pixler. She added that
according to Ms. Pixler, the way that the structure exists now is what her father built originally. Ms. Close
said that this structure is sitting back away from the corner and added that there is no encroachment to
vision for traffic. She expressed that this would be a hardship for this family in getting an engineer to
relocate this garage. Ms. Close said that they are trying to improve the property.
Mr. Maxey asked if there is any encroachment of the garage over any utility easements. Ms. Close said
that they did not have a survey done at the time of purchase. The applicant's purchased the HUD
repossessed property and added that HUD is probably one of the most difficult companies to work with.
She added that when FHA ensured the load the people who had that would have had a plat drawing done
and should be of record. She further added that she could do an investigation and try to find that record.
Mr. Gimlin asked if the homeowners knew of this deficiency when they purchased the property. Ms.
Close said no because it had been a HUD repossessed property and with FHA ensuring that loan those
items are verified before the loan is issued. She again offered to do some research on this and find
information.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicants if they have read through the Conditions of Approval and if they are in
agreement with those. The applicants replied that they are in agreement.
Mr. Gimlin expressed that his concern is that the applicant didn't exercise due diligence in the purchase of
the property.
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Jerry Neff said that since the applicants are improving the property and the buildings were in existence
prior to their purchase he feels it is a hardship.
Mr. Maxey agrees that it is an improvement to the neighborhood; however he is concerned with the
potential encroachment over utility easements. He added that there is a recorded plat for Aristocrat
Ranchettes that should identify any utility easements.
Jerry Neff moved that Case BOA-1068 be approved along with the Conditions of Approval as proposed,
seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Bill Hall,
absent; Larry Reno, absent; Erich Ehlrich, absent; Jason Maxey, yes; Jerry Neff, yes; Jim Cosner, absent;
Bryant Gimlin, no; Bruce Fitzgerald, yes. Motion carried.
Jason Maxey cited Section 23-6-40.C.5.
Jerry Neff said that based on the applicant's willingness to comply with the conditions of approval he
voted in favor of the request.
Bruce Fitzgerald agreed that the applicant should have done due diligence; however there are varying
degrees of sophistication on that.
Meeting adjourned at 11:44 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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