HomeMy WebLinkAbout20232026.tiffMinutes of the Weld County Board of Adjustment Meeting
Tuesday, July 11, 2023
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, July 11, 2023, 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 11:00 a.m.
Roll Call.
Present: Karl Kohlgraf, Kathryn Wittman, Gene Stille, Todd Baker
Absent: Lonnie Ford
Also Present: Chris Gathman, Department of Planning; Karin McDougal, County Attorney; and Michelle
Wall, Secretary.
Motion: Approve the May 3, 2023, Weld County Board of Adjustment minutes, Moved by Kathryn Wittman,
Seconded by Karl Kohlgraf. Motion passed unanimously.
Case Number: BOA23-0002
Applicant: Jose Rodriguez-Merado
Planner: Chris Gathman
Request: Appeal for a Variance from setback requirements of Section 23-3-70.B in the A
(Agricultural) Zone District for a garage addition. Application indicates garage
addition encroaches 8 -feet into the 20 -feet setback from the north property line.
Legal Description: Lot 3 Block 54 Aristocrat Ranchettes 2"d Filing; being part of Section 27, Township
2 North, Range 66 West of the 60 P.M., Weld County, Colorado.
Location: South of and adjacent to Lamb Avenue; approximately 440 -feet west of Harold
Street. (See Legal Description for precise location.)
Chris Gathman, Planning Services, presented Case BOA23-0002, reading the recommendation and
comments into the record. The property owner built the building addition to the garage himself and did not
apply fora building permit. The building addition is located 12 feet from the north property line. The required
setback is 20 feet. Staff said there is room on the property to move or build a building of this size in a
different location that would meet setback/offset and utility easement requirements.
The Fort Lupton Fire Protection District, in their referral dated May 17, 2023, expressed a concern that the
garage location could limit fire hydrant and water line placement associated with the Aristocrat Ranchettes
water project. The water project will add new water lines and 185 new fires hydrants in Aristocrat
Ranchettes. The applicant will need to obtain the proper building permits for the building addition should
this variance be approved. Mr. Gathman indicated that one letter of objection was received from a
surrounding property owner regarding this case.
The Department of Planning Services recommends denial of this application.
The Development Review team of the Planning Department indicated that the privacy fence along the
northern portion of the property appears to have been constructed in the right-of-way for Lamb Avenue.
The location of the privacy fence is a safety concern as it limits site visibility for traffic entering and exiting
the access. The applicant shall remove all portions of the privacy fence that are within the 60 -foot right-of-
way for Lamb Avenue.
Jose Rodriguez, 15128 Lamb Ave, Ft Lupton, Colorado. Mr. Rodriguez said he was here today about the
building. He wasn't expecting to hear about the fence. Mr. Rodriguez said many of the houses in the
neighborhood have similar fences and buildings built in similar areas and that is what he went by. He said
he visited with neighbors, and they told him that he didn't need to get a building permit. Mr. Rodriguez
explained the reason he built onto his garage was because other areas on his property flood when it rains.
He uses the building addition to park and store his dump truck and tools.
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Mr. Rodriguez said he moved away from living under an HOA in a subdivision to his current property hoping
for some more freedom to park his trucks and now he is finding it still feels like he lives under an HOA. He
said he is willing to move the building and fence but to please give him time. Mr. Rodriguez said he feels
like he is being picked on.
Mr. Baker asked Mr. Rodriguez what initially prevented him from getting a building permit and what issues
did he think would have been prevented by getting the building permit. Mr. Rodriguez replied that he
understands everything would have been prevented by getting the permit. He wished he didn't listen to the
neighbors' advice that he didn't need a permit to build. Mr. Rodriguez said he based his fence line by the
others, so then everyone should have to follow the rules in the whole neighborhood. Mr. Rodriguez said
he put a lot of money into building the addition to his garage and he really doesn't want to knock it down.
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. Stille said they as a Board of Adjustment receive many requests from this particular area for variances.
He feels they need to enforce and encourage this area to follow the code. Mr. Stille said he is on a fire
board and understands the importance of access to water lines, hydrants and pressures. Mr. Stille said his
heart goes out to Mr. Rodriguez and he has empathy for his situation, but they have to get back to law and
order in regard to permits. He said Planning makes every effort to research and help the applicants out the
best they can in these situations.
Ms. Wittman said she feels it is unfortunate that Mr. Rodriguez chose to listen to his neighbors because
now it will be expensive for him to move the garage and get it properly inspected and permitted.
Motion: Deny Variance Request for BOA23-0002 as recommended by Staff, Moved by Todd Baker,
Seconded by Kathryn Wittman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 4).
Yes: Todd Baker, Kathryn Wittman, Karl Kohlgraf, Gene Stille.
Meeting adjourned at 11:30 am.
Respectfully submitted,
Michelle Wall
Secretary
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