HomeMy WebLinkAbout20221357.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, May 3, 2022
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, May 3, 2022, 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 10:01 a.m.
Roll Call.
Present: Karl Kohlgraf, Kathryn Wittman, Gene Stille, Shana Morgan, Bruce Johnson.
Also Present: Kim Ogle, Department of Planning; Rob Adriaens, Building Department; Karin McDougal,
County Attorney; and Michelle Wall, Secretary.
Motion: Approve the January 4, 2022, Weld County Board of Adjustment minutes, Moved by Kathryn
Wittman, Seconded by Karl Kolhgraf. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
BOA22-0001
SOFS REALTY, LLC
KIM OGLE
REQUEST FOR VARIANCE FROM OFF SET IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -4224; BEING PART E2NW4
SECTION 22, T2N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 20; APPROXIMATELY
1750 -FEET EAST OF CR 31.
Kim Ogle, Planning Services, presented Case BOA21-0001, reading the recommendation and comments
into the record. The property owner is requesting a variance from offset requirements. In 2011, a 4200
square -foot material storage shed was built without obtaining a building permit. The structure is on the
west property line instead of being offset the required three feet, or one foot for each three feet of building
height, whichever is greater. The property is in violation (Violation #PCSC20-0013) of Chapter 23 and
Chapter 29 of the Weld County Code.
The referral from the Department of Planning Services — Building Inspection, indicated if the exterior wall
of the structure is less than five feet from the property line, the wall must have a one -hour fire rating from
both sides. The structure must be built on an engineered foundation per Chapter 29 of the Weld County
Code and must be able to withstand a 115 -mph wind load and thirty -pound snow load.
The Department of Planning Services recommends denial of this application.
Bruce Johnson asked staff how far the shed was from the fence. Staff responded it appears to be about
eight inches away.
Gabriel Saucedo, 8060 County Road 31, Fort Lupton, Colorado. Mr. Saucedo stated there is not a
foundation; however, approximately fifty percent of the support poles are concreted into the ground. He
said his father built the structure. Mr. Saucedo said the structure serves as a barrier for lighting from the
vehicles coming onto the property and also sound. He explained that the fence line is approximately one
foot away from the property line, so there is more than eight inches from the property line. Mr. Saucedo
stated there is ten to twelve inches from the structure to the fence. He requested the Board of Adjustment
(BOA) approve the variance request to leave the structure where it is. Mr. Saucedo said they would be
willing to bring the building up to code. If the required modifications are too expensive and time consuming,
he said his father would demolish the shed.
Kathryn Wittman asked Mr. Saucedo if it was just the posts that are concreted into the ground. Mr. Saucedo
responded that at least fifty percent of the posts are concreted in.
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2022-1357
Mr. Johnson asked the applicant if the open face was towards the east. Mr. Saucedo stated that is correct.
Mr. Johnson mentioned if they were to get a hard wind it could act like an umbrella and collapse. Mr.
Saucedo said the structure has remained intact since it was constructed.
Ms. Whittman asked Mr. Saucedo what the reasoning for the height of the structure was. Mr. Saucedo
responded he wasn't sure since his father was the one who built it.
Rob Adriaens, Weld County Building Official. Mr. Adriaens asked the applicant if the support poles were
constructed with oilfield pipe. Mr. Saucedo replied that four -inch pipe was used on the sides and two-inch
square tubing on the top and sides of the structure. Mr. Adriaens asked if the pipe was new or used. Mr.
Saucedo answered it is most likely used pipe. Mr. Adriaens commented that using pipe is not standard
construction and the structure must be approved by an engineer.
Mr. Adriaens explained to the applicant that the exterior wall is less than five feet from the property line so
the back wall must have a one -hour fire rating from both sides of the wall. He said there is a significant
amount of work that needs to be done in order to meet code.
Shana Morgan asked Mr. Adriaens if the BOA approved the variance, would the applicant need to go
through the building permit process which would require an engineer to sign off on the structure. Mr.
Adriaens replied that is correct. He said they would also need a code analysis from an engineer or architect,
and the back wall would need a one -hour fire rating.
Mr. Saucedo asked why they need the fire rating. Mr. Adriaens explained it is to protect the neighbor's
property.
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. Johnson commented that he is worried that the support poles would not hold up in a strong wind. He
said he is not concerned about the height of the building. Mr. Johnson said the structure looks like it is well
constructed, but it is the BOA's job to protect the neighborhood.
Gene Stille stated that he is on a fire board, he is very concerned about the fire aspect.
Motion: Deny variance request BOA22-0001, Moved by Shana Morgan, Seconded by Kathryn Wittman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Bruce Johnson, Gene Stille, Karl Kohlgraf, Kathryn Wittman, Shana Morgan.
Meeting adjourned at 10:27 am.
Respectfully submitted,
-"treat llt, • Witte -
Michelle
Wall
Secretary
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