HomeMy WebLinkAbout20092934.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, November 3, 2009
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, November 3, 2009, 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 11:00 a.m.
Roll Call
William Hansen
Bill Hall
Bruce Fitzgerald
Benjamin Hansford
Jerry Neff
Absent
Erich Ehrlich
Bryant Gimlin
Also Present: Chris Gathman, Department of Planning; Cyndy Giauque, County Attorney; and Kristine
Ranslem, Secretary.
Jerry Neff moved to approve the September 22, 2009 Weld County Board of Adjustment minutes,
seconded by Bill Hall. Motion carried.
CASE NUMBER: BOA -1060
PLANNER: Chris Gathman
APPLICANT: Central Weld County Water District
REQUEST: Variance from the offset three (3) feet or one (1) foot for each three (3) feet of
building height, whichever is greater and twenty (20) foot setback requirements in
the Agricultural Zone District.
LEGAL DESCRIPTION: Part of the NW4 of Section 6, T4N, R64W of the 6th P.M., Weld County,
Colorado
LOCATION: East of and adjacent to CR 49 and approximately 1/2 mile south of CR 50. For a
more precise location, see legal.
Chris Gathman, Planning Services, stated that this application is for a request for a variance from the
required offset from the north and east property lines in the agricultural zone district.
There is a water tank located approximately 4.6 feet within the required 16 foot offset from the north
property line and approximately 4.9 feet within the required 16 foot offset from the east property line. The
offset requirement of 16 feet is determined by the height of the water tank. It is a 48 foot high water tank;
therefore the offset requirement is for 1 foot for every 3 foot of building height or 16 feet in this case.
There is also an existing water tank on this property that was constructed in 1967. The applicant
subsequently applied for and received approval by the Weld County Planning Commission for a second
water tank under USR-1414 in February of 2003. One of the conditions of approval for this case was to
apply and receive approval for a variance from the minimum offset requirements of the Weld County
Code. At this hearing the applicant indicated that the location of the existing tank that was constructed in
1967 along with the existing piping and valves on the property did not allow the new tank to be placed in a
location that met the required offsets from adjacent property lines. This property is only 1 acre in size so
it is fairly small.
The Department of Planning Services received referral responses from seven referral agencies. No
response was received from the West Greeley Soil Conservation District or the Platte Valley Fire
Protection District.
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Under the variance criteria item 1, there is an existing water tank on the property and there are also
above and below ground improvements that constrain the location in which the second tank could be
placed.
Under item 2, given the size of the parcel and the location of the existing tank as well as existing
encumbrances on the property it would be a hardship for the applicant to meet the setback requirements
on this property.
With regard to item 3 there are existing improvements on the property already when the applicant applied
for the permit to place this tank therefore this tank alone did not create that hardship; it was existing
circumstances that created the hardship.
Under item 4, due to the location of the existing tanks and the above and below ground improvements the
location of the water tank is appropriate and is as far away from the property lines as they can essentially
get it.
In regard to item 5 the applicant has applied for proper building permits and they have been finaled by the
Department of Building Inspection for this water tank. So it has been appropriately constructed.
Immediately to the north of the site is a communication tower. There is a single family residence to the
south and is well screened by existing, mature trees. Staff did not receive any phone calls or
correspondence in opposition to this application.
Planning Services recommends approval of this application along with a condition that this variance
would apply only to the 2.8 million gallon water tank outlined in this variance request. Should this water
tank be removed any future water tanks or other structures or buildings shall conform to the requirements
of the Weld County Code (including setback and offset requirements) as amended.
Bruce Fitzgerald asked if the two tanks are about the same height. Mr. Gathman said that one tank is at
40 feet and the new tank is at 48 feet.
Doug Graff, Northern Colorado Constructors, 9075 CR 19.
Mr. Fitzgerald asked if Central Weld County Water District didn't plan for future growth. Mr. Graff said
that he can't answer that in 1967 as he wasn't involved. However he guessed that in 1967 a 600,000
gallon tank for that point in time and for what they could foresee in the future was adequate. As the area
continued to grow and you had growth within the town of Kersey and the rural community it serves there
was a greater need to put additional water storage there therefore that was the reason to put the 2.8
million gallon tank. This tank looks for future growth as well.
Jerry Neff asked if since it was built in 2003 why it is brought before us today. Mr. Graff said that in 2003
an individual was the engineer for Central Weld County Water District. This individual had started the
process of the USR and had worked it through to a certain point. Unfortunately this individual retired prior
to completion of the USR and therefore it slipped through a crack and then we were talking about this
chlorine injection building which is also on the site and we discovered the USR has not been completed.
Mr. Fitzgerald asked if there are any new buildings associated with the chlorine injection facility. Mr. Graff
said that it has been built already. It is a 12 by 12 foot building and it monitors the water leaving the tank
to make sure it has the right amount of chlorine residual.
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. Gathman clarified that the original notice was a variance for the offset and setback requirements. He
added that we should also include that 15 x15 foot building in the variance because the plat map has a 30
foot future right-of-way which would take it 2 to 3 feet from that building that they are proposing to put in
and it would need a variance for that as well.
Mr. Fitzgerald felt that short of approval for this application it would cost Central Weld County Water
District a great deal of money.
Bill Hall moved that Case BOA -1060 be approved along with the Condition of Approval as proposed,
seconded by Jerry Neff.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Bill Hall,
yes; William Hansen, yes; Erich Ehlrich, absent; Benjamin Hansford, yes; Jerry Neff, yes; Bryant Gimlin,
absent; Bruce Fitzgerald, yes. Motion carried.
Meeting adjourned at 11:18 a.m.
Respectfully submitted,
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Kristine Ranslem
Secretary
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