HomeMy WebLinkAbout20222807.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, September 6, 2022
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, September 6, 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 10:05 a.m.
Roll Call.
Present: Karl Kohlgraf, Lonnie Ford, Gene Stille, Todd Baker, Shana Morgan.
Also Present: Kim Ogle and Chris Gathman, Department of Planning; Karin McDougal, County Attorney;
and Michelle Wall, Secretary.
Motion: Approve the May 3, 2022, Weld County Board of Adjustment minutes, Moved by Karl Kohlgraf,
Seconded by Todd Baker. Motion passed unanimously.
Lonnie Ford 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.
Gene Stille nominated Lonnie Ford for Vice Chair; nomination was seconded by Shana Morgan. 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 Lonnie Ford will serve as Vice Chair for the 2022-2023 year.
CASE NUMBER: BOA22-0003
APPLICANT: CANDIDO RAMIREZ
PLANNER: KIM OGLE
REQUEST: APPLEAL FOR VARIENCE SECTION 23-3-70B.
LEGAL: LOT 3, BLOCK 66 ARISTOCRAT RANCHETTES 2N° FILING;
PART OF SECTION 27, T2N, R66W OF THE 6T" P.M. WELD
COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO GOOD AVENUE,
APPROXIMNALEY 540 FEET EAST OF COUNTY ROAD 31.
Kim Ogle, Planning Services, presented Case BOA21-0003, reading the recommendation and comments
into the record. On May 14, 2021, Zoning Violation ZCV21-00154, was initiated following a citizen compliant
due to the presence of structures not meeting required setbacks and offsets. The structure was constructed
without obtaining building permits. The Department of Planning Services recommends denial of this
application.
Gene Stille asked staff if the fence line along the northside of the property is in compliance. Staff replied
they do not measure from centerline road to the fence. The fence line is assumed to be correct.
Maribel Ramirez, 15124 Good Avenue, Fort Lupton, Colorado. Ms. Ramirez is representing her father
Candido Ramirez. She said they are requesting the setback be reduced to 8.5 feet from the right-of-way.
Ms. Ramirez stated that they are sorry for not getting the building permit for the parking structure.
Ms. Ramirez said the parking structure does not interfere with any utility or emergency services, has
adequate ventilation, does not obstruct drivers' views, does not affect neighbors and does not create a fire
hazard. She said the parking structure adds value to their home. Ms. Ramirez thanked the Board of
Adjustment for their time and consideration in granting the variance.
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Todd Baker asked the applicant why a building permit was not obtained. Ms. Ramirez explained that they
were misinformed by a neighbor who said they did not need to get a permit for a parking structure.
Mr. Stille asked if the parking structure was a pole shed and if there are large poles in each corner. Ms.
Ramirez replied yes and that the poles are in concrete. The floor of the parking structure is concrete.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Lonnie Ford stated that there seems to be a lot of requests for variances in this neighborhood.
Motion: Approve Variance, BOA22-0003. Moved by Todd Baker, Seconded by Lonnie Ford.
Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0).
Yes: Gene Stille, Karl Kohlgraf, Lonnie Ford, Todd Baker.
No: Shana Morgan.
CASE NUMBER: BOA22-0004
APPLICANT: JORGE LUIS BARRERA PEREZ
PLANNER: CHRIS GATHMAN
REQUEST: APPLICATION FOR A SETBACK VARIANCE FROM THE 20 -
FOOT SETBACK IN THE A (AGRICULTURAL) ZONE
DISTRICT (15 -FEET WITHIN THE 20 -FOOT SETBACK FROM
GOOD AVENUE AND 5 -FEET WITHIN THE 20 -FOOT
SETBACK FROM HART STREET) FOR A GAZEBO AND
PERGOLA.
LEGAL: LOT 1 BLOCK 63 2ND FILING ARISTOCRAT RANCHETTES;
PART OF SECTION 27, T2N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO GOOD AVENUE AND WEST
OF AND ADJACENT TO HART STREET.
Chris Gathman, Planning Services, presented Case BOA21-0004, reading the recommendation and
comments into the record. On May 31, 2022, Zoning Violation ZCV22-00166, was initiated for construction
of buildings and structures on the property without proper building permits and not meeting required
setbacks. There are some other structures located within setbacks and offsets that were constructed by
the previous owner. The applicant has agreed to relocate those other structures to meet the setback
requirements. The Department of Planning Services recommends denial of this application.
Lonnie Ford asked staff if the fence line was on the property line. Staff replied that without a survey being
done, he cannot say for certain. Mr. Gathman said the fence appears to be consistent with the other fence
lines in the area.
Todd Baker asked staff for more detail on the other structures that do not meet setbacks. Staff explained
that the current owner is willing to move or demolish the other structures on the property to meet setback
requirements. The only structures they do not want to move is the gazebo and pergola.
Mario Ortega, 7071 Hart Street, Fort Lupton, Colorado. Mr. Ortega explained that he was not aware he
need to obtain building permits for the gazebo and pergola. He said he invested $70,000 dollars to build
these structures and he built them well. Mr. Ortega stated that he is sure the structures will pass inspections
through the building permit process.
Mr. Baker asked Mr. Ortega what the reason is for not moving the structure. Mr. Baker wondered if the
foundation was a full pad or individual footings. Mr. Ortega said it is building with individual footings, but
the structure is well built and would be too difficult to move due to its size.
Gene Stille asked if the structure has permanent electricity. Mr. Ortega responded that it does.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Heidi Hoover, 15774 Good Avenue, Fort Lupton, Colorado. Ms. Hoover said that she lives directly east of
Mr. Ortega's property. Ms. Hoover said that since Mario has moved into the neighborhood, he has created
a very nice home that has increased the value of the properties surrounding him. She said the structure is
built very well. Ms. Hoover said it would destroy the materials used to build the gazebo and pergola if they
had to move it, and at a high cost to do so. She asked the Board of Adjustment to consider approval of the
variance.
Mr. Stille stated that he wished there was a way for HOAs or Subdivisions to communicate and let property
owners know they need to meet setbacks and offsets and obtain required building permits.
Mr. Ford said he agreed with Mr. Stille. He said there are problems with previous property owners who
have built without meeting code or obtaining permits. Mr. Ford thinks new property owners need to be
informed so the problems do not continue.
Motion: Approve Variance, BOA22-0004. Moved by Todd Baker, Seconded by Karl Kohlgraf.
Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0).
Yes: Gene Stille, Karl Kohlgraf, Lonnie Ford, Todd Baker.
No: Shana Morgan.
Karl Kohlgraf stated that his second to the motion is subject to the applicant meeting the conditions
recommended by Staff.
Mr. Stille stated to spread the word and apply for permits before building.
Meeting adjourned at 10:44 am.
Respectfully submitted,
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Michelle Wall
Secretary
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