HomeMy WebLinkAbout20110414.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, February 1, 2011
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, February 1, 2011, 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 11:05 a.m.
Roll Call Absent
William Hansen
Erich Ehrlich
Bill Hall
Bruce Fitzgerald
Benjamin Hansford
Jerry Neff
Bryant Gimlin
Jim Cosner
Also Present: Chris Gathman, Department of Planning; Bruce Barker, County Attorney; and Kristine
Ranslem, Secretary.
Bill Hall moved to approve the December 7, 2010 Weld County Board of Adjustment minutes, seconded
by Jerry Neff. Motion carried.
Bill Hall nominated Bruce Fitzgerald as Chair for the Board of Adjustment, seconded by Benjamin
Hansford. Motion carried.
Benjamin Hansford nominated Bryant Gimlin as Vice Chair for the Board of Adjustment, seconded by Bill
Hall. Motion carried.
The Chair read the following case into record.
CASE NUMBER: BOA-1066
PLANNER: Chris Gathman
APPLICANT: Clinton& Karen Bishop
REQUEST: Appeal of an administrative decision regarding the proposal to install a wind
generator on a parcel less than 1 acre in size.
LEGAL DESCRIPTION: Lots 5-8, Block 24, Townsite of Camfield; located in the SE4 of Section 18, T7N,
R64W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Boulevard E and approximately 180 feet west of CR 51.
Chris Gathman, Planning Services, stated that the applicant is proposing to install a 33.5 foot tall wind
generator on a parcel of less than 1 acre in size.
The property is located within the Camfield Subdivision. It is a parcel which is approximately 0.64 acres
in size. The applicant also owns property to the north; however the issue is that a platted alleyway runs
between the applicant's two adjacent properties thereby creating two separate properties either or which
could be sold separately. Mr. Gathman commented that it is not used as an alleyway and added that
there are utilities running along the alley.
The applicant is proposing to install the wind generator on the vacant parcel located to the north of his
property.
According to Section 23-4-450 of the Weld County Code, there are wind generator standards which
include a chart that lists lot sizes and the height requirements for wind generators. When this codes was
adopted there was some discussion about going lots going to a smaller than one acre; however the
direction was to stay with the minimum lot size of one acre. Currently, the Weld County Code doesn't
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specifically state that wind generators on lots less than 1 acre are not allowed; however the minimum lot
size listed in the code is one acre and it goes up from there. Staffs position is in looking at the code was
that the minimum lot size to be eligible for a wind generator would be one acre.
Mr. Gathman stated that the applicants have submitted a petition from their neighboring property owners
indicating support of their request to install a wind generator on their property.
Bill Hall commented that it appears that if the tower would fall in any direction it would be well within their
property. Mr. Gathman stated that he was correct and added that one of the criteria for wind generators
is that the fall zone be included entirely within the boundaries of the property.
Mr. Gathman said that the only comments from Public Works were if the applicant were to put an access
in off of Boulevard E they would need to submit an access permit through Weld County Public Works.
Jerry Neff asked if both lots are approximate in size. Mr. Gathman said he understands that they are both
approximately 0.64 acres in size each.
Clinton Bishop, Jr., 39348 Blvd D, Eaton CO, commented that they would like to lower their energy costs
and do their part in going green.
Mr. Fitzgerald asked the applicant if they intend to keep ownership of the north lot. Mr. Bishop replied
yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Mr. Fitzgerald asked the Weld County Attorney if their decision would possibly change County policy.
Bruce Barker, County Attorney replied yes and added that a recommendation be made that we change
the requirement to a lower acreage, perhaps one-half(%) acre, instead of one (1) acre in size. Mr. Barker
stated that the Planning Commission will be hearing some proposed code changes later today and this
recommendation could be included in those proposed changes.
Mr. Hall asked Mr. Barker if our recommendation to change the lot size requirement is presented in the
proposed code changes to the Planning Commission, when these changes would become effective. Mr.
Barker said that these proposed code changes would be effective April 25, 2011. He added that if Mr.
Hall is referring to how long the applicants would have to wait for application approval he would offer to
send an email to the Board of County Commissioners notifying them that this is their recommendation
and an early release of building permits should be granted so the applicants can get started with
construction. He added that he doesn't feel the County Commissioners would disagree if the Planning
Commission and Board of Adjustment recommended changing the minimum lot size.
Mr. Hall said that he agrees with Mr. Barker's recommendations and added that he also serves on the
Planning Commission and believes that it makes sense to approve these changes. However, he added
that he cannot go against staff's recommendations.
Mr. Neff agreed with Mr. Hall's comments.
Jim Cosner said that his intention is to let the citizen do what he wants as he feels it is a worthwhile
project.
Mr. Barker said that they will need to make two motions; one for the appeal of administrative decision and
the other for a recommendation to the Planning Commission and Board of County Commissioners for
code changes.
Bill Hall moved that Case BOA-1066 be denied according to staff recommendation, seconded by Jerry
Neff. Motion carried unanimously.
Bill Hall moved to forward a recommendation to the Planning Commission including the allowance of wind
generators on lots less than one (1) acre in size in the proposed code changes, seconded by Benjamin
Hansford.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Bill Hall,
yes; William Hansen, absent; Erich Ehrlich, absent; Benjamin Hansford, yes; Jerry Neff, yes; Bryant
Gimlin, absent; Bruce Fitzgerald, yes. Motion carried.
Meeting adjourned at 11:52 am.
Respectfully submitted,
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Kristine Ranslem
Secretary
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