HomeMy WebLinkAbout20220288.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, January 4, 2022
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, January 4, 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 10:03 a.m.
Roll Call.
Present: Karl Kohlgraf, Gene Stille, Kathryn Wittman, Bruce Johnson, Shana Morgan.
Absent: Lonnie Ford.
Also Present: Angela Snyder, Department of Planning; Bob Choate, County Attorney; and Michelle Wall,
Secretary.
Motion: Approve the November 2, 2021, Weld County Board of Adjustment minutes, Moved by Kathryn
Wittman, Seconded by Karl Kohlgraf. Motion passed unanimously.
CASE NUMBER: BOA21-0010
APPLICANT: JUAN ANTONIO GARCIA RAMIREZ
PLANNER: ANGELA SNYDER
REQUEST: REQUEST FOR VARIENCE FROM OFFSET (0 FT)
LEGAL DESCRIPTION: LOT 6 BLOCK 75 ARISTOCRAT RANCHETTES 3Ro
FILING; PART OF SECTION 26, T2N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND
ADJACENT TO COLEMAN AVENUE;
APPROXIMATELY 480 FEET WEST OF GRANT
STREET, APPROXIMATELY 970 FEET NORTH OF CR
19.
Angela Snyder, Planning Services, presented Case BOA21-0010, reading the recommendation and
comments into the record. The applicant is requesting a variance from the offset requirements of Section
23-3-70.C. in the Agricultural Zone District. The structure is zero feet offset from the eastern property
boundary instead of the required five feet for a fifteen -foot building. The applicant stated they were unaware
that the structure required a permit. If the variance is granted, the structure still requires a USR permit for
exceeding the maximum allowed building coverage by 1,018 square feet. The Department of Planning
Services recommends denial of this application.
Shana Morgan asked staff if the variance request is denied, will the one -hour fire wall still be required or
only if the lean-to is still remaining. Ms. Snyder responded that if the Board of Adjustment denies the
variance, the property owners would need to remove that portion of the building in order to comply with the
five-foot offset .
Bruce Johnson asked which buildings were built without permits. Staff said that most of the buildings were
built without permits. Ms. Snyder said that because the other buildings meet the offset and setback
requirements, those buildings have received their agricultural exempt certificates. Mr. Johnson asked why
the shop is not permitted agricultural exempt. Ms. Snyder said the building is being used to store personal
items, so it needs to be permitted for the correct use.
Gene Stille asked staff if any of the buildings are wired. Ms. Snyder said she is not sure and suggested
Mr. Stille to ask the applicant.
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Courtney Thomas, 16417 Coleman Avenue, Fort Lupton, Colorado. Ms. Thomas said that she is
representing her husband, Juan Garcia Ramirez. She said that the shop and barn are wired.
Mr. Stille asked if those buildings have been permitted to have electric. Ms. Snyder said they have.
Mr. Johnson asked Ms. Thomas why her husband built the lean-to in the offset area instead of on the other
side of the building. Ms. Thomas explained that they were not aware of offset and setback requirements.
She said once they found out about the requirements, they moved the chicken and peacock coops. Ms.
Thomas said that her husband asked the neighbor about building it on the property line and the neighbor
did not have any issue 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.
Ms. Thomas addressed the Board and stated that they are very attached to their home and do not plan to
move. They have built buildings for animals so their children can be involved in 4-H.
Mr. Johnson asked staff to clarify how the buildings on the property exceed the maximum building coverage.
Ms. Snyder explained that the ten -percent building coverage allowed on their property is 4,748 square feet.
The existing buildings that are permitted come to 4,466 square feet, which leaves 282 square feet of
coverage remaining. The shop, which is not permitted, is 1,300 square feet and exceeds the ten -percent
lot coverage by 1,018 square feet.
Ms. Morgan asked staff if the letter of objection that was received was from the neighbor to the east. Ms.
Snyder said she does not believe that neighbor is adjacent to this property.
The Board of Adjustment reviewed and discussed Section 23-60-40.C. of the Weld County Code.
Motion: Approve BOA21-0010 along with the Conditions of Approval as proposed by Staff, Moved by
Katheryn Wittman, Seconded by Gene Stille.
Vote: Motion failed (summary: Yes = 2, No = 3, Abstain = 0).
Yes: Gene Stille, Kathryn Wittman.
No: Bruce Johnson, Karl Kohlgraf, Shana Morgan.
The Chair stated that the motion is denied by failure to approve the request for variance.
Meeting adjourned at 10:29 am.
Respectfully submitted,
Wt1L
Michelle Wall
Secretary
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