HomeMy WebLinkAbout20240856.tiffMinutes of the Weld County Board of Adjustment Meeting
Tuesday, April 2, 2024
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, April 2, 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: Gene Stille, Michael Wailes, Todd Baker, Bruce Johnson.
Absent: Pamela Edens
Also Present: Molly Wright, Department of Planning; Karin McDougal, County Attorney; and Michelle
Wall, Secretary.
Motion: Approve the July 11, 2023, Weld County Board of Adjustment minutes, Moved by Michael Wailes,
Seconded by Todd Baker. Motion passed unanimously.
Michael Wailes nominated Gene Stille for Chair; nomination was seconded by Todd Baker. There were no
other nominations. The Chair asked for a vote on the approval of the nomination. The nomination passed
unanimously.
Bruce Johnson 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 for the 2024-2025 year.
Case Number: BOA23-0003
Applicant Nicholas Ramey
Planner: Molly Wright
Request A variance from Offset in the A (Agricultural) Zone District
Legal Description: Lots 53 through 55, Block H, Evans Addition, being part of Section 30,
Township 2 North, Range 67 West of the 6th P.M., Weld, County,
Colorado.
Location: North of and adjacent to Hedges Avenue; west of and adjacent to
Dunmire Street. (See Legal Description for precise location.)
Molly Wright, Planning Services, presented Case BOA23-0003, reading the recommendation and
comments into the record. On April 19, 2023, the applicant submitted Building Permit ARG23-0040 to
construct a 22' x 45' shed. A pre -application meeting was held on May 9, 2023, to discuss a Resubdivision.
After a couple revisions, a second revised plot plan was submitted that reduced the size to 17' x 40' and
reduced the offset to 4 feet. On, July 17, 2023, it was noted by a County building inspector that the north
offset was not meeting the required 4 feet. The inspector requested a setback certification letter. On August
16, 2023, the applicant withdrew the pre -application request for a Resubdivision. The applicant requested
and received an extension on the building permit. The applicant is requesting that the 9 inch encroachment
be approved via this variance appeal by the Board of Adjustment. Staff received a setback certification that
showed a 16.1' x 40.1' building that is 3.3 feet from the northern property line, making the building 9 inches
into the offset. The Department of Planning Services recommends denial of this application.
Bruce Johnson asked what type of building the shed was. He wondered if it as similar to a garage type of
structure. Staff showed a presentation slide to display a photo of the shed. Mr. Johnson noted that this
type of structure would be difficult to move.
The Chair stated that Pamela Edens joined the hearing at 11:13 a.m.
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Michael Wailes asked if the building has a concrete foundation. Ms. Wright said she will defer to the
applicant to answer that question. Mr. Wailes asked if 2 inspections by the County inspectors were made
in person. Ms. Wright answered yes and by 2 different inspectors.
Nicholas Ramey, 409 Dunmire Street, Frederick, Colorado. Mr. Ramey said the shed was not built on a
concrete foundation. It was built following Ag code. He explained how the 2 County inspectors both said
it was so close they were not able to measure it themselves and requested a setback certification letter
from a surveyor. Mr. Ramey said the setback certification letter provided from the surveyor showed the
building was 9 inches into the offset.
Bruce Johnson asked the applicant if the surveyor was licensed. The applicant answered yes. Mr. Ramey
explained the reason the surveyor had issues is because one of the markers for his property was old and
not certified. The surveyor had to go down the block to find a certified marker to use.
Gene Stille asked if the fence was on the property line. Mr. Ramey explained that the chain -link fence has
been there since the 1950s, he believes. He said it is his neighbor's fence but it is on his property. He
does not plan to move it. Weld County Attorney Karin McDougal stated that the placement of the fence is
not relevant to the measurement requirements because it goes from the property line, not the fence line.
Mr. Ramey spoke to his neighbor about the placement of the shed. His neighbor is fine with it.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Mr. Wailes asked Staff if the Board of Adjustment would deny the variance request, what would be required.
Staff replied the structure would need to be demolished within 30 days from this hearing. Or the structure
be modified to comply with the offset requirements, including a revision to the current building permit. He
asked if the Fire Department had any referral comments. Staff replied the Fire Department responded with
no comments.
Motion: Approve Variance BOA23-0003, Moved by Bruce Johnson, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Gene Stille, Michael Wailes, Pamela Edens, Todd Baker, Bruce Johnson.
Bruce Johnson does not feel this variance affects the public health, safety and welfare of the citizens of
Weld County. He also noted that the neighbor has no concerns.
Michael Wailes stated that he agreed with Mr. Johnson. He also said the timeline was diligent and the
applicant went through all the correct steps in building his shed.
Meeting adjourned at 11:28 a.m.
Respectfully submitted,
Michelle Wall
Secretary
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