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HomeMy WebLinkAbout20211257.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING Tuesday, May 4, 2021 A regular meeting of the Weld County Board of Adjustment was held on Tuesday, May 4, 2021, in the Hearing Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair Michael Wailes at 10:00 a.m. Roll Call. Present: Karl Kohlgraf, Lonnie Ford, Kathryn Wittman, Gene Stille, Michael Wailes. Also Present: Michael Hall, Department of Planning; Bob Choate, County Attorney; and Kristine Ranslem, Secretary. Motion: Approve the April 6, 2021 Weld County Planning Commission minutes, Moved by Gene Stille, Seconded by Lonnie Ford. Motion passed unanimously. CASE NUMBER: BOA20-0005 APPLICANT: MARSHALL & BONNIE BERENS, C/O CROWN CASTLE, CRAIG CHAGNON PLANNER: MICHAEL HALL REQUEST: APPEAL FOR A VARIANCE FROM TELECOMMUNICATION ANTENNA TOWER SETBACK AND OFFSET REQUIREMENTS OF SECTION 23-4- 830.D.3 OF THE WELD COUNTY CODE IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: SE -610, BEING PART OF LOT A OF RE -1561, PART OF THE N2NW4 OF SECTION 6, T2N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 24.75; APPROXIMATELY 2000 -FEET (0.45 MILES) EAST OF CR 1. Michael Hall, Planning Services, presented Case BOA20-0005, reading the recommendation and comments into the record. Mr. Hall noted that two (2) phone calls were received in regard to this application. One phone call was received from a residential property owner located to the south of this site and had general questions and no concerns. The second phone call was received from the underlying property owner, Marshall Berens, concerned with potential damages to his property, and unknown impacts from the tower height expansion and concerns with the tower company employees parking on his driveway. Mr. Hall said that Staff will attempt to mitigate these concerns via conditioning as part of the pending MUSR application. Mr. Hall stated that the subject telecommunication antenna tower has existed on the property since 1997, prior to telecommunication antenna tower setback and offset requirements. He provided a timeline of the permitting and history on the property since the creation of the 2.77 -acre lot in 1994. The Department of Planning Services recommends approval of this application along with the following conditions of approval: 1. The pending Minor Amendment to the Use by Special Review 1 MUSR21-97-1127 permit shall be approved prior to issuance of building permits for the tower height expansion. Building permits shall not be finalized until the MUSR map is recorded. 2. Commercial building permits will be required for the tower height expansion and any other modifications. Craig Chagnon (via phone), Crown Castle USA, 1322 East Holly Hawk Hill, Salt Lake City, Utah, stated that Staff did a good job of presenting the project and is available for any questions. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 1 CoMMun.Co..-F-onS 05/1421 2021-1257 Gene Stille asked if the additional height was an issue with the surrounding property owners. Mr. Hall said that there were no concerns regarding safety and further added that this tower has existed since 1997 and is still standing. Mr. Hall noted that this variance is only for the setback issue. Lonnie Ford asked if the tower were to fall would it hit the property owner's house to the west. Mr. Hall said that it would not likely fall on the house but could possibly fall on the outbuilding. He added that if the tower would fall it would be due most likely from a weather event and added that the other buildings would be damaged from that as well. Motion: Approve BOA20-0005 along with the Conditions of Approval as proposed by Staff, Moved by Gene Stille, Seconded by Kathryn Wittman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Gene Stifle, Karl Kohlgraf, Kathryn Wittman, Lonnie Ford, Michael Wailes. Meeting adjourned at 10:20 am. Respectfully submitted, Kristine Ranslem Secretary 2 Hello