HomeMy WebLinkAbout20242696.tiffMinutes of the Weld County Board of Adjustment Meeting
Tuesday, October 1, 2024
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, October 1, 2024, in the
Hearing Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado. The
meeting was called to order by Chair Gene Stille at 11:02 a.m.
Roll Call.
Present: Karl Kohlgraf, Gene Stille, Michael Wailes, Hunter Rivera.
Excused: Pamela Edens.
Also Present: Molly Wright, Department of Planning; Karin McDougal, County Attorney; and Michelle
Wall, Secretary.
Motion: Approve the April 2, 2024, Weld County Board of Adjustment minutes, Moved by Michael Wailes,
Seconded by Hunter Rivera. Motion passed unanimously.
Michael Wailes nominated Gene Stille for Chair. There were no other nominations. The Chair asked for a
vote on the approval of the nomination. The nomination passed unanimously.
Karl Kohlgraf nominated Michael Wailes for Vice Chair. There were no other nominations. The Chair asked
for a vote on the approval of the nomination. The nomination passed unanimously.
Gene Stille will serve as Chair and Michael Wailes will serve as Vice Chair until July 31, 2025.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
BOA24-0002
Mariann Wagoner
Molly Wright
Variance from Offset in the A (Agricultural) Zone District.
Part of the NE1/4 of Section 35, Township 5 North, Range 66 West of
the 6th P.M., Weld County, Colorado.
East of and adjacent to 54th Street Road; 362 feet south of 49th Street.
(See Legal Description for precise location.)
Molly Wright, Planning Services, presented Case BOA24-0002, reading the recommendation and
comments into the record. One letter of objection was received from an adjacent property owner. They
have concerns about the structure being built too close to the property line, the power lines not being a safe
distance from the two-story addition, the structure being too close to gas/pipelines, and the septic system
not being adequate.
The applicant is requesting a variance from offsets in order to keep the construction that has been
completed and reg tagged for construction without building permits. They have requested to proceed with
the remainder of the construction for the addition to the residence. The new addition does not meet the 8
foot offset to the south of the property.
The Department of Planning Services recommends denial of this application.
Tony Evans, Encompass, LLC, 1001 East Harmony Road, Suite A, Fort Collins, Colorado. Mr. Evans
stated that he is representing Ms. Wagoner. He is an engineer that was hired after the applicant received
the Stop Work Notice. He explained that the owner did not realize she had to obtain a building permit. The
addition was continued along the same line as the main house was built. Mr. Evans said it is a two-story
addition but the ground is lower to the East. The property to the south is open space.
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2024-2696
Michael Wailes asked Mr. Evans if he designed the addition. Mr. Evans replied that he was hired after Ms.
Wagoner received the Stop Work Notice. He evaluated the existing structure and redesigned to make the
building meet 2018 building code requirements. Mr. Wailes asked how much of the new addition is in the
setback. Mr. Evans replied all of it.
Gene Stille asked Mr. Evans why the applicant didn't pull a building permit in the first place. Mr. Evans
replied the applicant does not speak English very well and that it was unawareness of process. Mr. Evans
said when they started building they did not seek help with design and/or building permits.
Mr. Stille voiced concern that since the building is a two-story structure, it enhances the setback issue.
Mr. Stille asked Mr. Evans if he addressed all the issues with utilities. Mr. Evans said they just received a
referral from the Fire District that the house will need to be sprinkled.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Wright said staff just received a letter from Xcel stating any activity creating proposed landscape or
erosion control will require the public service company's approval.
Mr. Wailes commented the construction is far along and in order to remedy the issue, it would require
demolition. He feels the applicant put themselves in a hardship and that denying the request would cause
further hardship.
There was discussion about the referrals received. The referral agencies don't appear to have any major
concerns. The Board of Adjustment discussed they don't feel there are any safety concerns to the public.
Motion: Approve Variance for BOA24-0002 along with the conditions recommended by Staff, Moved by
Michael Wailes, Seconded by Karl Kohlgraff.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: Gene Stille, Michael Wailes, Karl Kohlgraff, Hunter Rivera
Michael Wailes' approval criteria included Section 23-6-40.C.1. He feels special conditions and
circumstances exist by trying to preserve the natural line of the building. Section 23-6-40.C.4. The structure
is almost built out. It is not currently impeding on any utilities so it allows for reasonable use of the lot and
the structure as it exists. Section 23-6-40.C.5. Mr. Wailes does not feel there is any threat to the public
health, safety or welfare.
Karl Kohlgraff seconded the motion. He said the applicant will need to meet all the requirements set by the
Department of Planning.
Mr. Wailes said it is important for people to understand, building permits are required before you build. Mr.
Stille agreed and reiterated to please get a permit before you build.
Meeting adjourned at 11:44 am.
Respectfully submitted,
/2 J �
Michelle Wall
Secretary
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