HomeMy WebLinkAbout20022635.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Thursday, September 12, 2002
A regular meeting of the Weld County Board of Adjustment was held on Thursday, September 12,2002, in Room 210
of the Planning/Public Health Building, 1555 N. 17th Avenue, Greeley, Colorado. The meeting was called to order by
Co-Chair,Joseph Bodine.
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Roll Call: a
Joseph Bodine Larry Wilson rl c
Don Beierbach-Absent Tony Evansr—
Syl Manlove Anita Owens `f
John Donley Gary Stewart-Absent
Mary O'Neal-Absent Michael Willits-Absent
Randy Peterson-Absent Eric Whitwood
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Also Present: Bruce Barker,County Attorney;Carla Angeli, Department of Planning;Anita Knudson,Applicant;r(pnita
May, Secretary.
The summary of the last regular meeting of the Weld County Board of Adjustment held on Thursday,August 22,2002,
was approved as read.
Carla Angeli,Department of Planning,summarized a letter she had drafted and mailed to Mr. James W.Fell,REI,LLC,
at the Board's request,during their meeting of August 22,2002. The letter expressed concern about problems that have
occurred with property pins in the Beebe Draw Farms subdivision on at least two occasions. No response had been
received from REI, LLC to date.
The Board discussed with Bruce Barker, County Attorney, how best to put prospective buyers and the developer on
notice, that this situation has existed at least twice previously and will not be tolerated in the future. Preventative
measures discussed were possible Code changes,setting specific criteria before building permits are issued, recording
something on the plat regarding pins and markers, or requiring an Improvement Location Certificate. Mr. Barker
expressed concern that anything done,needed to be carefully worded,so that title transfer problems are not created for
the future.
John Donley motioned to recommend that staff determine from the County attorney, the proprieties and procedure for
recording a public notice that will fall on every title opinion coming out of that subdivision(Beebe Draw Farms),and that
it be done as expeditiously as possible. Anita Owen seconded. Following Board discussion, the motion passed
unanimously.
It was also suggested by Mr. Barker, County Attorney,that Jeff Reif,Weld County Building Official, be made available
at their next meeting,to discuss with the Board the issues of pin and marker placement, surveys,etc. Ms.Angeli said
she would contact Mr. Reif. The discussion was then tabled by Mr. Bodine until a future meeting.
1. CASE NUMBER: BOA-1016
PLANNER: Carla Angeli
APPLICANT: Coal Ridge Animal Hospital
REQUEST: Appeal for Variance for a 24 square foot double sided sign in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of RE-2513; part of the SW4 of Section 18, T2N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to WCR 20 and 1/4 mile east of WCR 13.
Carla Angeli,Weld County Department of Planning, presented BOA-1016, an appeal for variance for a 24 square foot
double sided sign in the A (Agricultural)Zone District. The applicant has proposed the sign to be located on the east
side of the access drive. The property is Lot A of RE-2513;being part of the southwest quarter of Section 18,Township
2 North, Range 67 West. The parcel is approximately 3.4 acres in size. The Coal Ridge Animal Hospital is permitted
under Use by Special Review 1174 (USR-1174)which was recorded in October, 1999.
The Weld County Department of Planning Services has determined that the submitted materials are not in compliance
with the requirements of Section 23-6-40.C of the Weld County Code and recommends this request be denied.
The criteria for review of this proposal is listed in Article VI, Section 23-6-40 of the Weld County Code.
aj- 2j-jicx 2002-2635
The Department of Planning Services has received referral responses from the following agencies:
Weld County Code Compliance, referral received August 8, 2002
The Department of Building Inspection, referral received August 27, 2002
Weld County Sheriff's Office, referral received August 14, 2002
The Department of Public Works, referral received September 10,2002
The Department of Planning Services has not received referral responses from the following agencies:
City of Firestone
There is an Annexation Agreement with the Town of Firestone in 2004.
The applicant,Anita Knudson was present. Ms.Knudson said the property to the south of them will have approximately
400 homes built on it in the future. The sign in question will be placed in the St. Vrain Sanitation Sewer
easement/setback so it should not be a problem for anyone's views. Ms. Knudson said there is a need for a larger sign
in order to incorporate all of the required information on it and to make it easily read by passers-by. She also stated
at the time of the sign permit application,she was not aware that a separate variance was required for the sign. The sign
is already made.
The Board discussed possible alternate sign locations and how the size of the sign relates to Firestone's annexation
codes.
Mr.Barker, County Attorney said Firestone has agreed to 50 square feet in their joint agreement. Since there as been
no response from Firestone,we can assume they have no problem with the size of the sign.
Ms. Knudson again stressed the need for the larger sign as this is a relatively new business and a sign that is easily
viewed by the public is important in increasing and maintaining business.
Eric Whitwood motioned that the variance be granted with the addition of the conditions set forth by the Planning
Department staff.
Mr. Barker asked if the applicant had seen, and agreed with the conditions?
Ms. Knudson replied that she had seen them and was in agreement.
Anita Owens seconded the motion.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Eric Whitwood,yes;
Larry Wilson, yes; Tony Evans, yes; Syl Manlove, yes;Anita Owens, no; John Donley, no; Joseph Bodine, no. The
motion did not pass,as a concurring vote of six(6)members of the Board of Adjustment shall be necessary in order to
decide in favor of the appellant.
Ms. Knudson asked what the next procedural step would be?
Mr. Barker replied that there is no appeal in the County to the Board of County Commissioners. The next step would
be a Rule 106-type appeal to the District Court for them to determine if in fact that the Board of Adjustment's ruling was
arbitrary and capricious,and outside the scope of its ability to make that kind of decision. However,once the annexation
into Firestone is complete, the decision is no longer one for Weld County to make.
The meeting was adjourned at 4:35 p.m.
Respectfully submitted,
Donita M D
Secretary
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