HomeMy WebLinkAbout20032509.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Thursday,August 14,2003
A regular meeting of the Weld County Board of Adjustment was held on Thursday,August 14,2003,in Room 210 of the
Planning/Public Health Building, 1555 N. 17th Avenue, Greeley, Colorado.
The meeting was called to order by Chair Joseph Bodine.
Roll Call:
Don Beierbach
John Donley
Tony Evans
Syl Manlove
Mary O'Neal-absent
Larry Wilson-absent
Eric Whitwood
Joseph Bodine ,
Associate Members:
William Hansen
Randy Peterson-absent
Michael Willits-absent
Also Present:Jacqueline Hatch,Michelle Katryniuk,Sheri Lockman and Monica Daniels Mika,Weld County Department
of Planning; Peter Schei,Weld County Department of Public Works; Lee Morrison, County Attorney;and Donita May,
Secretary.
Approval of the minutes of the previous meeting, held April 10, 2003, was postponed until the next meeting as board
members had not yet received them.
1. CASE NUMBER: BOA-1021
PLANNER: Jacqueline Hatch
APPLICANT: Alvin& Barbara Herman
REQUEST: Variance from the public sewer and water requirements in the R-1
(Residential)Zone District
LEGAL DESCRIPTION: S2 NW4 Section 15,T5N, R65W of the 6'h P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to 249' Street and east of and adjacent to Cherry
Avenue
Jacqueline Hatch, Weld County Department of Planning, presented case BOA-1021. The Hermans requested a
variance from the required public water and sewer for a well and septic system for the replacement of an existing mobile
home and the creation of two parcels that will each contain one single family dwelling. The R-1 (Residential) Zone
District,in Section 23-3-110.B.1.of the Weld County Land Use Code, required public water and sewer for any legal lot.
The city of Greeley stated in their referral July 11,2003,that they were unable to provide public water and sewer to the
property. Nine referral agencies reviewed this case, eight responded favorably or included conditions that were
addressed in Development Standards and Conditions of Approval. No correspondence had been received from
surrounding property owners. The applicants were present to answer any questions. The Department of Planning
recommended approval of the request for a variance.
John Donley asked for clarification as to exactly what the board was to decide.
Ms. Hatch replied that the board would be looking only at the request for the variance from the public sewer and water
requirement.
Alvin Herman, applicant, 1411 East 24th Street, Greeley, CO 80631, addressed the board saying he simply wanted to
replace an existing mobile home and provide water and sewer to it.
Don Beierbach suggested that the applicants be required,as a condition of approval,to hook up to city water and sewer
when it became available.
Mr. Bodine asked Ms. Hatch if that had been addressed in the conditions. She said it had not. Lee Morrison, County
Attorney, said that currently, septic regulations for the county do provide that if repairs are necessary, and if there is
Cb-7717/1-uc-jz e-a- -
2003-2509
available sewer within a certain distance, then this is feasible. However, a water tap could cost the applicants a
substantial tap fee, in excess of thirty thousand dollars ($30,000.00).
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak.
Eric Whitwood moved that Case BOA-1021 be approved along with the Conditions of Approval as proposed by Planning
Department staff. Tony Evans seconded the motion.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Don Beierbach,yes;
John Donley,yes;Tony Evans,yes;Syl Manlove,yes; Eric Whitwood,yes;William Hansen,yes;Joseph Bodine,yes.
Motion carried unanimously.
2. CASE NUMBER: BOA-1022
PLANNER: Michelle Katyryniuk
APPLICANT: Jorge Morales
LEGAL DESCRIPTION: Part Lot 1 of the Union Colony Subdivision;SW4 SE4 of Section 10,T5N,
R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: Variance to allow a well and septic system in the R-1 (Residential)Zone
District
LOCATION: North of and adjacent to 18th Street and east of Elder Avenue
Michelle Katyryniuk, Weld County Department of Planning, presented case BOA-1022, where Jorge Morales, the
applicant,requested a variance to allow a well and septic system in the R-1 (Residential)Zone District. The lot contained
no improvements at the present time. Surrounding properties are residential in nature with one agricultural lot to the
south. Nine referral agencies reviewed the case. Eight responded favorably or included conditions that have been
addressed in Development Standards and Conditions of Approval. One letter of concern had been received from a
surrounding property owner. The R-1 (Residential)Zone District,in Section 23-3-110.B.1.of the Weld County Land Use
Code, required public water and sewer for any legal lot. The city of Greeley stated in their referral August 4,2003,that
they were unable to provide public water and sewer to the property. The Department of Planning recommended approval
based on Section 23-6-40 C.of the Weld County Land Use Code, because without the variance,the applicant would
encounter undue hardship. Ms.Katyryniuk also asked,as a condition of approval,that an abandoned washer and dryer
on the property be removed. Mr. Morales,the applicant,was also present and represented by Timothy Clancy.
John Donley inquired if this was a 1.75 acre lot? Ms. Katyryniuk replied yes.
Tony Evans asked if the lot was subject to a recorded exemption as well? Will it be split or be a single property with two
residences? Ms. Katyryniuk replied it will be one single family residence and that there was currently no home on the
property. It is not subject to a recorded exemption because it is within Union Colony Subdivision.
William Hansen asked if this was to be a rental property as the complaint received had suggested?
Tim Clancy, 822 7'h Street, Suite 760, Greeley, CO 80631, the applicant's representative, spoke and said that Mr.
Morales had purchased the lot with the intent to build a home for his family. Mr. Morales had retained professionals for
every aspect of the process and intended to build a quality home on the property. The concern of the surrounding
property owners is a drainage pipe allegedly located on the property. Mr.Clancy said he had gone through the title work
and did not find a written easement for the drainage pipe, therefore Mr. Morales would have had no knowledge of its
existence when he purchased the property.Mr.Clancy said Mr.Morales was prepared to do whatever necessary to allow
him to move forward with his plan to build a family home. Mr.Clancy said Mr.Morales had already received a well permit
but asked that the board approve the applicant's request for a septic permit,perhaps adding a condition,that Mr.Morales
must satisfy the Building Department that either the pipeline doesn't exist, or show where it does exist, and that his
engineered plans to build his home will not interfere with that pipeline. Mr.Morales had an interpreter with him and would
be willing to answer any questions.
Mr. Bodine inquired about the pipeline drainage issue. Mr. Clancy said Mr. Morales was not aware of the pipeline's
existence until two days ago but was prepared to do whatever necessary to mitigate the problem.
Mr. Hansen again asked if this was to be a rental property? Mr. Clancy replied that it would not be a rental, but the
primary residence for Mr. Morales and his family,which included his wife and three children.
Tony Evans inquired of Ms. Katyryniuk whether Weld County would have inspections occurring at the site in the event
that the pipe is discovered? Ms. Katyryniuk said at the present time they did not know if the pipe was in an easement
but that Mr. Clancy would continue investigating. She said she had informed the Building Department of the
circumstances surrounding the pipe in the event that a building permit is sought. Mr.Evans then inquired if the pipe were
damaged during the building,would it be replaced or realigned so that it continues in operation? Mr.Morrison,County
Attorney, said it would be difficult to place conditions on the pipeline until circumstances were firmly established.
Rita Timothy,2315/2 East 18th Street,Greeley,CO 80631,addressed the Board and expressed her concern regarding
the drainage pipe. She pointed out on a map where she believed the pipeline to be and where the drainage occurred.
Ms.Timothy also relayed information that approximately fifteen(15)years ago the pipeline broke,flooding the applicant's
property, as well as destroying two septic systems on the Timothy property. They tried to block the water and prevent
damage to their septic system but were unsuccessful. The overflow followed the natural drainage flow on the two
properties. She was not sure who incurred the replacement costs of the sewer system,but the farmer repaired the pipe.
Ms.Timothy said the heavy rains earlier this year caused some minor flooding on their property. She also said she does
not want another house on the adjoining property because it would be too close to her home.
Mr.Donley reiterated that a large cement conduit runs under East 18th Street,then drops into a hole that goes vertically
to a submerged line,and asked if Mr.Morales understood this information? He then asked it Clifford and Sally Cliff could
be the landowners with principle interest?
Tony Evans asked for clarification on the site plan as to where the pipeline runs.
Lee Morrison, County Attorney, pointed out that Appendix 30 B. of the Septic Regulations provided a ten (10)foot
separation between the tank and sub-soil drains, which is what he believed described the drain in question. The
absorption field itself must be twenty five(25)feet,so there may need to be some additional design work performed with
this in mind, but the regulations did require that setback from the lines.
Monica Mika, Department of Planning, said the Building Department generally relied upon the applicant to resolve
problems like this themselves,but there were excellent companies,i.e.Anything Underground,that can find easements
of record and do field work at the site for the applicant. Ms. Mika said staff had a condition to be attached addressing
this issue if the board wanted to entertain it at that time. Staff suggested this language, "Prior to the issuance of a
building permit, the applicant shall validate that the building envelope is free of easement obstructions or pipeline
locations." Ms. Mika said the Department of Planning and Building generally puts the responsibility on the applicant to
make the determination that everything would exist in harmony on the site. This would also allow the departments to
flag this from an administrative standpoint and tie this(BOA-1022)to the actual issuance of the building permit.
Mr. Donley expressed his concern to the applicant's translator, that Mr. Morales must very clearly understand that he
may not build his home on top of the pipeline or within a certain distance from the pipeline.
Gabi Comparo,309 Ash Court,Evans CO,80620,the applicant's translator,said Mr.Morales fully understood what was
expected of him and that he was willing to hire someone to locate the pipe prior to building his home.
Mr. Clancy added that Mr. Morales had no objection to the condition Ms. Mika suggested.
Mike Merrick,2205 East 18th Street,Greeley CO 80631,resides next to the applicant's property. He said there was an
existing structure on this lot,not shown on the map,and that there was not much room remaining on the lot for the home
Mr. Morales planned to build. He expressed concern about the close proximity in the area and how the applicant's
property had been previously split to provide the lot Mr. Morales planned to build on. Mr. Merrick also inquired about
a zoning permit being necessary for the applicant to build?
Mr. Bodine said that was not the issue before the board today. Ms. Katyryniuk said the Planning Department, in their
research,had determined that Mr.Morales possessed a separate legal lot. Mr.Morrison,County Attorney,said that this
situation did not require a zoning permit, but rather a building permit, because it is a legal lot.
After additional public comment by Ms. Timothy, Mr. Donley reminded the audience that the only issue the board was
ruling on today was whether or not Mr. Morales could receive a grant for a variance for the septic system.
Kimberly Merrick, 2205 East 18th Street, Greeley, CO 80631, resides in the log cabin structure behind the applicant's
property. She inquired if the applicant owned the home west of the proposed site? Was there a certain rule regarding
placement of wells and septic systems? She closed by saying that she and her husband are opposed to the granting
of the variance.
Mr.Morrison said there are specific rules that regulate well and septic placement on property. For a conventional septic
system, the distance required is one hundred (100) feet. The information developed in this case would go to the
Department of Public Health&Environment with a summary of the discussion, so that they were well aware of the drain
line. The Department of Public Health& Environment will also take into consideration the well set-backs.
Mr. Donley said it was his understanding that there was no municipal water available to these properties? Ms.Timothy
responded that some property owners in the area had city water but not sewer. Ms. Merrick said they were on a well.
John Donley moved that Case BOA-1022,be approved along with the Conditions of Approval, and include the changes
and additions proposed by Planning Staff and the County Attorney. Tony Evans seconded the motion.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Don Beierbach,yes;
John Donley,yes;Tony Evans,yes;Syl Manlove,yes; Eric Whitwood, yes;William Hansen, yes;Joseph Bodine, yes.
Motion carried unanimously.
The Chair presented for review,a notice that Carla Angeli,Department of Planning Services,had drafted in September,
2002, at the behest of the Board of Adjustment, regarding the setback variance issues that have developed at Beebe
Draw/Pelican Lakes. The notice was to be signed and dated by the Board and then submitted for recording in the Office
of the Weld County Clerk 8 Recorder. This was done so that prospective property owners were advised that prior to
construction on properties located within the Subdivision,they should make certain all measurements of setbacks were
identified from recorded plats on file with Weld County and from site monuments.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision as to whether this notice
should be sent to the Clerk and Recorder. Don Beierbach,yes;John Donley,yes;Tony Evans,yes; Syl Manlove,yes;
Eric Whitwood,yes; William Hansen, yes;Joseph Bodine, yes. Motion carried unanimously.
The Chair later suggested that the legal description of the subdivision should be added to the notice before it is signed
and recorded.
Meeting adjourned at 4:35 p.m..
Respectfully� submitted,
Re M`lya Donita
Secretary
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