HomeMy WebLinkAbout20072910.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, September 4, 2007
A regular meeting of the Weld County Board of Adjustment was held on Tuesday,September 4, 2007, 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.
Roll Call:
William Hansen
Eric Whitwood -Absent
Anita Owens
William Gillard
Bruce Fitzgerald
Benjamin Hansford
Jerry Neff
Bryant Gimlin
Also Present: Roger Caruso, Kim Ogle, Weld County Department of Planning; Don Carroll, Department of
Public Works; Cyndy Giaque, County Attorney; and Kris Ranslem, Secretary.
William Hansen motioned to approve and waive reading of the minutes of the last regular meetings of the
Weld County Board of Adjustment held on, May 15, 2007, June 19, 2007 and July 3, 2007. Bryant Gimlin
seconded the motion. Motion carried.
The Chair read the case into record.
CASE NUMBER: BOA-1050
PLANNER: Roger Caruso
APPLICANT: Central Weld County Water District
LEGAL DESCRIPTION: Pt NW4 of Section 6, T4N, R64W
LOCATION: '/ mile south of CR 50 and east of and adjacent to CR 49. For a
more precise location, see legal.
REQUEST: Variance for the encroachment of a water tank into the required
16 foot offset in the A(Agricultural)Zone District.
Roger Caruso, Department of Planning Services, stated that the applicant, Central Weld County Water
District, has applied for a variance from the 16 foot offset in the A(Agricultural)Zone District to allow a
previously constructed water tower to encroach 6 feet into the offset. Therefore the structure would be 10
feet away from the surrounding properties to the north and east.
The site is located 1/2 mile south of County Road 50 and east of and adjacent to County Road 49.
According to the applicants' representative, J.L. Walter, the assumed offset would be 10 feet and the
water tower was constructed without concurring with the Department of Planning Services or Building
Inspection.
Bruce Fitzgerald asked why we have setbacks in the first place. Mr. Caruso replied that there are a
couple of different reasons. For offsets and setbacks, buildings have to be so far away from each other
due to fire hazards and also so buildings are constructed within property boundaries.
Mr. Fitzgerald asked how long these regulations have been in place. Mr. Caruso stated that these
regulations have been in place since 1972.
One of the Board members asked if there were any traffic visibility issues. Don Carroll, Department of
Public Works, commented that there are no traffic issues. Mr. Carroll added that County Road 49 is one
of our strategic roadways out there and we want to make sure that we get future setbacks there for when
we are widening that. He continued to add that this particular USR will meet that requirement so we do
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not have a problem with the setbacks right now for future road expansion.
Mr. Fitzgerald asked Mr. Carroll if there are any plans for that to go to four lanes. Mr. Carroll stated that
we don't have a four-lane highway out there yet, however there is always the possibility and that is the
reason why we retain the future right-of-way. Mr. Carroll further added that It is a good north/south
connector from 1-76 up to State Highway 14.
Mr. Fitzgerald clarified if that was Kersey Road and Mr. Carroll replied that was correct.
Mr. Fitzgerald asked Mr. Carroll if they have all the room they need right now to be able to handle the
traffic in the foreseeable future. Mr. Carroll stated they have the existing plus the future reserve right-of-
way.
William Hansen asked if there is room to go four-lane on the other side. Mr. Carroll replied that if his case
is on the east side as this particular one is he can only ask for 70', which is from the center line of the
section line towards the property, and then he'll ask for another 70'on the west side for a total of 140 feet.
That is the goal that he tries to get to to accommodate the maximum cross section they need for a four-
lane.
Mr. Caruso added that USR-1414 was approved by the Planning Commission a couple of years ago to
address the water tank being constructed without any permits and through that they now have to get a
building permit and come through the Board of Adjustment and get it approved.
Mr. Fitzgerald asked how this came to our attention. Mr. Caruso stated that this was a previous planner's
case and commented that the applicants' representative is here and may be able to answer that question.
Jerry Walter, 2235 2nd Avenue, Greeley, CO. Mr. Walter stated that it was something that was handled
through the District Manager and the District Steel Manager. He continued to add that back in the drought
of 2002 we were having some real problems out in that area as far as being able to serve. We were
looking for a tank and Public Service had a couple of used tanks that they donated to the District because
of the emergency situation we were having. The District then began the process with the County but
somewhere along the line the Field Manager who was responsible for the project left the District and it just
got dropped in the file. Then it came to Weld County's attention and they made contact with us and that's
how he became involved and worked with Mr. Caruso in going through this process.
Mr. Fitzgerald commented that he would expect that there would be a check list when you do these kind of
projects and setbacks have to be one of those issues. Mr. Fitzgerald asked how this come about to be
placed there. Mr. Walter replied that the site itself is a site that was developed back in the 60's. The tank
that was donated to the District is a 100'diameter tank. When we put the tank in we put it in to fit the site.
We have certain criteria that we need between the tanks and what that did was leave the 10 feet on both
sides. Mr. Walter added that he assumed the District at that time probably knew they were within the
setbacks.
Mr. Fitzgerald asked if there are safeguards in place today that this won't happen again. Mr. Walter
replied that there are at the Water District and also at my consulting firm. Mr. Walter added that in fact he
is the one who made the District aware of the fact that it did not meet the setback when he began the
process with Mr. Caruso.
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 applicant if they have read and are in agreement with the Conditions of Approval. Mr.
Walter replied that they are in agreement.
Jerry Neff moved that Case BOA-1050, be approved along with the Conditions of Approval as proposed.
William Hansen seconded the motion.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. William
Hansen,yes;Jerry Neff,yes;Anita Owens,yes;William Gillard,yes; Benjamin Hansford,yes; Bryant Gimlin,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
Meeting adjourned at 11:14 a.m.
Respectfully submitted,nn
Kristine Ranslem
Secretary
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