HomeMy WebLinkAbout20083024.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, November 18, 2008
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, November 18,2008, 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 ABSENT
William Hansen
Erich Ehrlich
Anita Owens
Bill Hall
Bruce Fitzgerald
Benjamin Hansford
Jerry Neff
Bryant Gimlin
Also Present: Michelle Martin, Weld County Department of Planning; Bruce Barker, County Attorney (via
phone); and Kristine Ranslem, Secretary.
The first order of business is to appoint new a Chair and Vice Chair.
Benjamin Hansford nominated Bruce Fizgerald for Chair, seconded by Jerry Neff. Bruce accepted the
nomination.
Benjamin Hansford nominated Bryant Gimlin for Vice Chair, seconded by Jerry Neff. Bryant accepted the
nomination.
The Chair read the following case into record.
CASE NUMBER: BOA-1052
PLANNER: Michelle Martin
APPLICANT: Cimarron Holdings, LLC
LEGAL DESCRIPTION: Lot B of RE-1050 being part of E2 NE4 of Section 10,T2N, R68W
REQUEST: Variance for the encroachment of a building into the 180 foot landscaping setback
in the Mixed Use Development Area.
LOCATION: South of and adjacent to State Highway 119 and west of Turner Blvd.
Michelle Martin, Planning Services, stated that the applicant Cimarron Holdings LLC has applied for a
variance from the required 180 foot landscape setback to allow Taco Bell to encroach 137 feet into the
setback. Therefore the structure would be 43 feet from the north property line.
The parcel of land under consideration is described as Lot B of RE-1050 being part of the E2 NE4 of
Section 10, Township 2 North, Range 68 West of the 6`h P.M. Weld County, Colorado. The parcel is
located within the Mixed Use Development area or possibility known as the RUA(Regional Urbanization
Area).
According to the Weld County Assessors records the existing Taco Bell structure was built in 1988 and
currently does not meet the landscape setbacks for the 1-25 Mixed Use Development Area. In 1997 the
Weld County Board of County Commissioners adopted Chapter 26 of the Weld County Code, better
known as the 1-25 Mixed Use Development Area including the landscape setback of 180 feet.
On July 10th, 2008 there was a fire inside the Taco Bell structure which caused the building to be
uninhabitable and therefore it needs to be demolished. The property owners would like to rebuild the Taco
Bell structure in approximately the same location 43 feet from State Highway 119. Because of the lot size
(1.152 acres) and shape the applicants cannot adhere to the180 foot setback and still utilize the site.
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Currently many of the existing business within the area do not meet the landscape setback. It's the
Department of Planning Services opinion that the new Taco Bell structure would have little to no impact
and will not cause a negative impact on surrounding properties.
Mr. Fitzgerald referred to a Burger King just to the east of the proposed site and commented that it
appears that it is setback beyond the 180 feet. He asked if that was built after the 1997 rule for setbacks.
Ms. Martin could not say for sure but said that many of these businesses had been established prior to
the 1997 adoption of the 1-25 Mixed Use Development area.
Ms. Martin stated that there is an existing Site Plan Review already on this site. The applicant's would
have to adhere to the existing Site Plan Review with the exception of an additional 6 feet off of the rear of
the building.
Ms. Martin commented that there is a ditch along the south and east side of the property. It is the Rural
Ditch and staff did not receive a referral comment from them.
As she pointed out earlier there are many properties in the area which do not adhere to the landscape
setback.
Ms. Martin stated that staff is recommending approval of this application.
Mr. Gimlin said that there were no referrals included in their packets and asked if staff has received any
negative responses. Ms. Martin said that they did not receive any negative referral responses. She stated
that in the comments dated September 29, 2008 Joe Gerdom from the Town of Mead commented that they
are concerned that a variance may weaken the objectives of the major setbacks along prime arterials.
Mr. Neff asked about the potential affect on the irrigation ditch. Ms. Martin said that the Soil Conservation
District did say the Rural Ditch borders the east side and they may need to have a buffer for mitigation of
runoff and pollution.
Mr. Fitzgerald asked that since a new building permit will be issued will the applicant have to bring up their
standards for flood control. Dave Snyder, Public Works, commented that with regard to the drainage since
there is an existing Site Plan Review and they are using the same footprint they have not required the
applicant to bring any standards up. He added that it could be a condition from the Building Department if they
so wish.
Mr. Hansford asked if runoff has been a problem with this site. Mr.Snyder stated that they have not had any
reports of any issues regarding this site.
Michael Cassutt, MG Cassutt Architects, representing Cimarron Holdings and the franchise Taco Bell. Mr.
Cassutt stated that because the property is a triangular shape it makes it unique. The existing structure that
you see will not be rebuilt exactly as it is; it will be an updated building. The new building will be slightly
narrower and will be 6 feet longer. They wanted to keep the front edge at the same reference point. The
parking lot works great at this location for this facility; it allows larger vehicles to get in and swing around the
building and park.
Mr. Cassutt stated that they have worked with Planning Staff to get this back in operation as soon as they can.
He added that they are about ready to submit building plans to the Building Department.
Mr. Fitzgerald asked where the property flows. Mr. Cassutt said that the property flows generally to the
drainage ditch.
Mr. Fitzgerald asked if there is an agreement with the ditch owner for runoff. Mr.Cassutt commented that he
can research the title for it but believes that they would have some agreement from 1988.
Mr. Cassutt handed out some pictures of what the building will look like.
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. Ehrlich recommended that something be included in the requirements to make sure that there is some
type of an agreement. Mr. Fitzgerald agreed.
Erich Ehrlich moved to add a condition of approval#2 to read"The applicant shall provide evidence from the
ditch company indicating that there would not be any exposure to compromising the drainage", seconded by
Benjamin Hansford. Motion carried unanimously
Mr. Fitzgerald asked the applicant if he understood the additional requirement. Mr. Cassutt replied that he
does understand. However he indicated that he is concerned if in his research there was no prior agreement
and if they run into some problems with the ditch company.
Ms. Martin wished to clarify if this agreement is needed prior to the release of the building permits or prior to
Certificate of Occupancy(CO). She added that staff would support prior to CO. Mr. Ehrlich stated prior to
CO.
Mr. Gimlin moved that Case BOA-1052, be approved along with the amended Conditions of Approval as
stated, seconded by Jerry Neff. Motion carried unanimously.
Meeting adjourned at 11:32 a.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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