HomeMy WebLinkAbout961467.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Thursday, July 25, 1996
A regular meeting of the Weld County Board of Adjustment was held on Thursday, July 25, 1996, in the
Commissioners' Hearing Room(#101), 915 10th Street, Greeley, Colorado. The meeting was called to order
by Arthur Partridge, Vice-Chairman.
Tape 32
Robert Akin Present
John Windsor Absent
Timothy Losh Present
Anita Owens • Absent
Arthur Partridge Present
Gary Stewart Present
Anne White Present
Jack Davis Present
Associate Members:
MaryAnn DePinto Present
Gregory Krush Present
Also Present: Monica Daniels-Mika, Director; Todd A. Hodges, Lead Planner; Kerri D. Keithley, Current
Planner Department Planning Services; Ed Stoner, Lead Building Inspector,Weld County Building Inspection
Department; Lee Morrison, Assistant County Attorney and Jill Boshinski, Secretary.
The summary of the last regular meeting of the Board of Adjustment held on April 11, 1996, was approved
as read.
1. CASE NUMBER: BOA-989
PLANNER: Kern D. Keithley
APPLICANT: McStain Enterprises, Inc.
REQUEST: A 3 foot Variance to reduce corner setbacks on lots#18 and#387 from 18 feet to 15
feet.
LEGAL DESCRIPTION: Located in part of the E2 of the SW4 of Section 5, T2N, R68W of
the 6th P.M.,Weld County, Colorado.
LOCATION: Lots#18 and#387 in Longview Subdivision. For a more precise location, see legal.
Kerri Keithley explained that this is a request for a 3 foot variance from the 18 foot setback requirement in the
Longview PUD Final Plan for Lots 18 and 387. Lot 18 is located east of and adjacent to Longview Road, south
and adjacent to Bright Angel and Lot 387 is located west of and adjacent to Longview Road, north and
adjacent to Black Hills. The entire subdivision encompasses 80 acres. The two lots are approximately 6,000
square feet. Ms. Keithley explained that both lots currently have modular homes and garages on site and are
occupied. The modular homes are the largest models available in Longview Subdivision and are
approximately 2,000 square feet in size. The garages on each lot are approximately 400 square feet in size.
Ms. Keithley explained that the applicant, McStain Enterprises, originally thought that the setback requirement
was 12 feet from Longview Road. The applicant set the modular home on Lot 387, 15 feet from Longview
Road and they placed the garage on Lot 18, 15 feet from Longview Road. In staffs opinion requiring the
home to be moved 3 feet from the road and requiring the removal of the garage,would impose a hardship on
the applicant. Ms. Keithley stated that McStain Enterprises did obtain appropriate building permits before
installing the modular and garage on the lots. The encroachment within the 18 foot setback was not identified
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MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
July 25, 1996
Page 2
at the time the units were placed and occupied. The building permits did indicate and list the correct setbacks
for the subdivision. In staffs opinion, the granting of the 3 foot variance for Lots 18 and 387 would not conflict
with the health, safety, and welfare of the subdivision. The Department of Planning Services' is
recommending approval with the following conditions: 1) That all future construction within Longview
Subdivision shall be in compliance with the Weld County Building Code Ordinance and Zoning and Subdivision
Ordinances as amended; 2)That all construction within Longview Subdivision shall adhere to the conditions
of approval outlined in the approved Longview Final PUD Plan and 3) No trees, shrubs or similar objects over
three feet in height shall be located on the corner lots within the site distance triangle at the intersection of the
abutting roads on Lots 18 and 387.
MaryAnn DePinto asked if there were any site distances required at other intersections within the Longview
Subdivision. Ms. Keithley explained that Lots 18 and 387 were the only two lots that were placed 15 feet from
the road. All other corner lots require the 18 foot setback. Ms. DePinto asked if there were any requirements
on site distance triangles in this subdivision and if fences were a part of this condition. Ms. Keithley explained
that the site distance triangles are at every intersection where the placement of the driveway or buildings are
located. Ms. Keithley stated that only Lots 18 and 387 would stipulate the size of trees, shrubs or similar
objects and fences could be a part of this condition if the Condition of Approval was amended to include them.
Gary Stewart had concerns on future owners being aware of Condition of Approval#3. Ms. Keithley explained
that McStain Enterprises is the owner of the land and would maintain the lots.
Lee Morrison explained that future owners would be aware of the Conditions of Approval if the decision of the
Board was to grant the variance as it would be on record and filed.
Timothy Losh had concerns on setback requirements on the building permits. Ms. Keithley explained that
setbacks on building permits include setbacks from the center line of the road. Mr. Losh explained that both
of these properties currently have trees planted and had concerns on the growth of these trees affecting
visibility problems. Ms. Keithley explained that if these trees were over 3 feet they would need to be removed.
Steve Hanson, representative for McStain Enterprises explained that this is a land leased community and
McStain Enterprises does hold the ownership on the land and they will maintain the landscaping. McStain
Enterprises is in agreement with the removal of the trees and excluding fences from the two lots.
Art Partridge had concerns on the building permit setback requirements and how this was mis-translated. Mr.
Hanson explained that when they went through the PUD process, they had proposed a 12 foot setback on
comer lots. Mr. Hanson explained however that they did not show the dimensions or setbacks on corner lots
on the plat. Mr. Hanson explained they have met several times with the Department of Planning Services to
discuss the setback requirements since the problem with corner lots arose.
The Vice-Chairman,Arthur Partridge, asked the applicant if he had any objections to the three Conditions of
Approval. Mr. Hanson explained that they were in agreement with the three Conditions of Approval.
Gregory Krush had concerns on the intent of Condition of Approval#3 referencing that no trees, scrubs and
other similar objects be placed with in the site distance triangle on the two corner lots. Mr. Krush had
concerns that this condition did not correlate with the request for the variance. Ms. Keithley explained that
Condition of Approval#3,was added due to the safety factors of where the modular home and garage were
located.
Mr. Morrison explained that the appropriate standard to consider is that you may prescribe appropriate
conditions and safeguards in conformity with this variance.
MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
July 25, 1996
Page 3
Mr. Losh explained that after reviewing this property, he felt that the Condition of Approval#3, prohibiting
trees, scrubs and other similar objects over three feet, should be added due to the safety factor of visibility
on these corner lots.
Discussion followed between the Board of Adjustment members as to other regulations on parking issues
within the subdivision. Ms. Keithley explained that there is no on-street parking allowed in this subdivision.
Mr. Partridge addressed concerns that other corner lots did not have height restrictions as to trees, shrubs,
or similar objects in connection with traffic hazards.
Todd Hodges explained that he was the planner who took McStain Enterprises through the process of the
development. Mr. Hodges stated that the Site Plan and Landscaping Plan were studied and the placement
of the trees was delineated. It was determined that landscaping in the 18 foot setback as allowed in the Final
PUD plan would not obstruct traffic site.
Jack Davis motioned to approve Case BOA-989 with Condition of Approval#3 to read as: 3)No trees, scrubs,
fences, or similar objects over three feet in height shall be located on the corner lots within the site distance
triangle at the intersection of the abutting roads on Lots 18 and 387. Richard Martin seconded the motion
The Vice-Chairman asked the secretary to poll the members of the Board of Adjustment for their decision.
Robert Akin-yes;Timothy Losh-yes; Gary Stewart-no; Jack Davis-yes; Gregory Krush-yes; MaryAnn DePinto-
yes; Anne White-yes; Arthur Partridge-yes; Richard Martin-yes. Motion carried with a eight to one vote.
Respectfully submitted, / '
Jill Boshinski
Secretary
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