HomeMy WebLinkAbout20022414.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Thursday, August 22, 2002
A regular meeting of the Weld County Board of Adjustment was held on Thursday, August 22, 2002, in
Room 210 of the Planning/Public Health Building, 1555 N. 17th Avenue, Greeley, Colorado. The meeting
was called to order by Chair Gary Stewart.
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Roll Call:
Eric Whitwood -absent Larry Wilson
Don Beierbach Tony Evans
Syl Manlove -absent Anita Owen.,
John Donley Gary Stewart ,`;; _:
Mary O'Neal Michael Willits-absent ' —
Randy Peterson - absent Joseph Bcdine
Also Present: Robert Anderson,Planner;Carla Angeli, Plann r;Voneen Macklin for Donita May,Secretary;
applicants John & Marsha Birkland; applicant's representative, Paul Bacus.
Gary Stewart, Chair, called the meeting to order. Joseph Bodine made a motion to approve the previous
meeting's minutes, Anita Owens seconded. The motion carried unanimously.
1. CASE NUMBER: BOA-1015
PLANNER: Carla Angell
APPLICANT: Marsha Birkland
REQUEST: Board of Adjustment variance from the 50 foot setback
requirement.
LEGAL DESCRIPTION: Lot 76, Beebe Draw Farms; being part of Section 8, T3N, R65W
of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to Fairbanks Drive South.
Carla Angeli,Weld County Department of Planning presented case BOA-1015,a request fora variance from
the 50 foot setback requirement.
The Department of Planning Services is recommending denial if this application. The property is
approximately 2.8 acres in size. The shape of the lot is diamond shaped with a narrow frontage adjoining
the cul-de-sac. There is a single family residence to the west and north. The lot adjacent to the Birkland
property on the east is currently vacant. The land to the so' th of the lot is open space. The location of the
house and garage foundation have both been misplaced.The house is encroaching approximately twenty-
two(22) feet into the fifty(50) foot setback and the garage is encroaching approximately sixteen (16) feet
into the twenty-five (25) foot drainage and utility easement. The applicants have agreed to relocate the
garage to the south side of the house. This will resolve the problem of the garage encroaching into the
drainage and utility setback.
The error in placement of the foundation is primarily due to the destruction of the front property corners and
mis-identification of the remaining monuments. The pins located at the front of the cul-de-sac were used
to verify the foundation. These pins were for changes on the adjoining property and did not determine the
separation of the lot lines. The error was not recognized until the foundation had been constructed.
Another case (BOA-1008) also in Beebe Draw was approved by the Board of Adjustment in October 2001
for encroachment into the 50 foot setback.
col - 6-4 - c � 2002-2414
This is case BOA-1015. The sign for today's hearing was posted on July 30, 2002 by planning staff. The
applicant is Marsha Birkland c/o Paul Bacus of Bacus Land Surveying. The site is Lot 76, in the Beebe Draw
Farms Subdivision,being part of Section 8,Township 3 North,Range 65 West. The property is south of and
adjacent to Fairbanks Drive South. The applicant has applied for an appeal for variance of the 50 foot
setback requirement in this subdivision. The Department of Planning Services is recommending denial of
this application.
The Department of Building Inspection and Public Works were sent referrals regarding this case and
responded with no conflict to their interests.
This recommendation is based on Section 23-6-40.C.3 of the Code which states"the special conditions and
circumstances do not result solely from the actions of the appellant". Although there are problems with the
property pins, staff's interpretation does place the error on the applicant and/or the agent hired by the
applicant to place the foundation on the property. The misplacement of pins has occurred before in this
subdivision and measures should have been taken so this situation did not happen again.
Paul Bacus the agent for the applicant is present. I would be happy to answer any questions you have.
Paul Bacus,the applicants's representative, addressed the setback issue and suggested that if the County
required a setback letter from the surveyor at the time projects are set up, these types of problems could
be alleviated. He also stated that requiring his clients to remove the foundation will be quite costly for them.
Mr. Stewart asked if members of the Board had questions for the applicants?
John Donley asked the applicants about the history of the builder.
Marsha and John Kirkland,applicants,said they are building themselves and when they were searching for
the plat, the County did not have a correct plat, nor did the developer. They did not realize there was a
problem until everything was being approved, and the developer has been of no help.
Mr. Donley asked Planning Staff for some clarification as to setbacks and easements.
Mr. Stewart closed the public portion of the hearing.
Mr. Donley asked if there might be something the Board could do to prevent this type of problem from
happening again in the future?
Don Beierbach inquired if this lot had to go into any kind of site plan review?
Robert Anderson,Weld County Department of Planning Services,said a site plan is required on all building
permit applications and Planning Services relies on the platted pins of the subdivision. If those are moved
or altered, it does create some real problems. In response to Mr. Beierbach's question, Planning
Department has put the Department of Building Inspection on notice that there are problems with the pins
here. The Planning Department does have the capacity to require a site improvement certificate on each
lot, and can also lock out parcels. Mr. Anderson offered to speak with the Director of Planning Services
about a lock out of all parcels,so that no building permits are issued on these until Department of Planning
has that site improvement certificate. If that is the recommendation of this Board, Mr. Anderson said he
would pass that on to the Director, and he was sure she would be happy to implement that.
Joseph Bodine moved that Case BOA -1015, be approved along with the Conditions of Approval as
proposed. Mary O'Neal seconded the motion.
John Donley also asked that Planning Staff and the County Attorney report back to the Board by the
September 12,2002 meeting,as to the progress of putting the developer of the subdivision and anyone else
involved, on actual notice; that the Board does not like the way they are playing fast and loose with
unsuspecting buyers.
Ms. Angeli replied that it would be done.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Gary
Stewart,yes; Joseph Bodine,yes; Anita Owens, yes; Don Beierbach,yes; Mary O'Neal, yes; Larry Wilson,
yes; Tony Evans, yes; John Donley, yes. Motion carried unanimously.
Mr. Stewart addressed new business; the election of a new Chair and Vice-Chair for the year 2003.
Mr. Donley nominated Joseph Bodine for Chair,effective upon termination of the existing chair.The motion
was seconded and passed unanimously. (Don't know by whom as microphone was not on nor did they
identify themselves.)
Mr. Bodine nominated Mary O'Neal for Vice-Chair. The motion was seconded and passed unanimously.
(Don't know by whom as microphone was not on nor did they identify themselves.)
The meeting was adjourned at 4:20 p.m..
Respectfully submitted,
Donita May
Secretary
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