HomeMy WebLinkAbout20210301.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, January 19, 2021
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, January 19, 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, Michael Wailes, Lonnie Ford, Gene Stille, Kathryn Wittman.
Also Present: Maxwell Nader and Bethany Pascoe, Department of Planning; Mike McRoberts;
Department of Public Works; Bob Choate, County Attorney; and Michelle Wall, Secretary.
Motion: Approve the July 21, 2020 Weld County Planning Commission minutes, Moved by Lonnie Ford,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: BOA20-0004
APPLICANT: JAVIER FERNANDEZ & GABRIELA GUTIERREZ
PLANNER: MAXWELL NADER
REQUEST: APPEAL FOR A VARIANCE FROM SETBACK REQUIREMENTS OF SECTION
23-3-70.B IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 19 VANTAGE ACRES #2, PART OF SECTION 17, T1 N, R65W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 8; WEST OF AND ADJACENT TO
WESTERN DRIVE.
Maxwell Nader, Planning Services, stated that the applicant is requesting a variance from setback
requirements of Section 23-3-70.B in the A (Agricultural) Zone District. The edge of right-of-way is the
edge of the property line in Vantage Acres; this means the applicant is 19 feet into the 20 -foot setback
requirement.
On July 17, 2020, a zoning violation was initiated (ZCV20-00147) regarding the location of a horse
structure being within the setback/offset of the road and/or adjacent property. On July 21, 2020, Javier
Fernandez and Gabriela Gutierrez came to the Weld County Planning Office to meet with Bethany
Pascoe, Zoning Compliance Officer and Jose Gonzalez, Assistant Building Official to discuss the situation
and how to correct the issue. Mr. Fernandez indicated that he understood.
The old building was removed, and Mr. Fernandez built a new structure. The new structure does not
meet setbacks with Western Drive to the east. On October 14, 2020, Bethany Pascoe and Jose
Gonzalez met with Mr. Fernandez and Ms. Gutierrez on site. They again explained the setback rule of 20
feet to the property owners. Mr. Fernandez explained that he went 21 feet from the edge of the gravel
road instead of the edge of the right-of-way.
Staff explained the applicants submitted an appeal letter in the BOA application materials, dated
November 25, 2020. The appeal letter claims the property owners' intentions were always to follow the
rules and regulations set forth in the Weld County Code. The letter further states that it was a simple
misunderstanding on their part.
It is the opinion of the Weld County Department of Planning Services that this request for a variance from
the setbacks be denied because the setback provisions set forth in Section 23-3-70.B. of the Weld
County Code are applicable and the rules and regulations in Chapter 23 are intended to protect the public
health, safety and welfare of the citizens of Weld County.
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2021-0301
Commissioner Ford asked staff if the structure required a building permit. Staff explained that it did. The
applicants have a building permit, but there is the issue with not meeting the setbacks.
Commissioner Wittman asked if the new structure was built in the same location as the old one. Staff
explained the old building did not meet offsets and setbacks. Mr. Nader said the new structure is in the
same general area and now meets the offset requirement, but not the setback requirements.
Commissioner Stille asked if the fence on the property to the north of this site had to meet setback
requirements. Staff replied that Weld County does not regulate fences, but a fence cannot be built in the
right-of-way.
Commissioner Stille asked if the majority of traffic on Western Drive is local traffic. Mr. Nader said it is.
Commissioner Wittman asked if there was a stop sign on Western Drive. Staff said if you are traveling
south on Western Drive, there is a stop sign located where Western Drive and County Road 8 meet.
Mike McRoberts, Public Works, explained that Western Drive is a Weld County maintained gravel road. It
is classified as a local road.
The Chair mentioned that he read in Public Work's referral that the applicant has at times stored
construction materials within the County's right-of-way and the clear zone requirement of 16 to 18 feet (60
mph design speed) on Western Drive. He asked staff if the speed is correct. Mr. McRoberts replied that
all County local roads have a 55 mph speed if there are no speed limit signs posted. He explained 5 mph
is added to 55 mph to total the design speed. Mr. McRoberts said the construction materials stored in the
right-of-way presents a potential public safety hazard.
Commissioner Wailes asked Mr. McRoberts about Condition of Approval 1. in the staff report. He asked
for clarification of the condition. Mr. McRoberts explained that basically staff is requiring the applicant to
remove the construction materials out of the right-of-way.
Bethany Pascoe, Zoning Compliance Officer, explained that the violation was initiated prior to the building
permit. The complaint that came in was that there were structures within the right-of-way or not meeting
setbacks. Ms. Pascoe initiated a violation and sent the applicants a violation letter. She said that Mr.
Fernandez and Ms. Gutierrez came into the office on July 21, 2020, and she explained the violation and
how they correct the violation. The applicants had already torn down the old structure; they submitted a
building permit for an Ag exempt structure on July 21, 2020. Ms. Pascoe said that unfortunately the
applicants started construction but did not call in for their inspections. When Ms. Pascoe went to the site
to reinspect, she found that the new structure was built about one foot further from the right-of-way than
the old structure and did not meet setbacks. She said that they met with the applicants again and
explained the Board of Adjustment application.
The Chair asked staff what inspections would have been required prior to building. Ms. Pascoe explained
that the only inspection conducted on an Ag-exempt structure is setbacks and offsets unless they are
adding utilities and/or water. She said the applicants did not call in for their inspection prior to building.
Gabriela Gutierrez, Javier Fernandez and Janesa Fernandez, 3051 Western Drive, Hudson, Colorado.
Ms. Gutierrez and Javier Fernandez are husband and wife and are the applicants. Ms. Janesa
Fernandez is their daughter. Ms. Gutierrez explained that her and her husband came into the Weld
County Planning Department to apply for a building permit to build new horse stables. She said they
spoke to Ms. Pascoe and she explained to them that the building would have to meet the 20 -foot setback
rule. Ms. Gutierrez explained that her husband misunderstood and measured 21 feet from the edge of
the road instead of the edge of the right -of way.
Ms. Gutierrez said that Ms. Pascoe explained to them that they would have to remove part of the
structure to meet the setback requirements. Ms. Gutierrez expressed their grief on hearing this
information. She said their dreams had finally came true. They have spent a lot of money on materials,
labor, and had invested so much of their own time. Ms. Gutierrez said they are concerned that trimming
down the horse stables will cause the structure to fall apart and make them look ugly. She said they have
lived on the property for 22 years and never heard a complaint until now. Ms. Gutierrez said the new
horse stables are further away from the road. She also said the new stables improve the appearance of
their property. Ms. Gutierrez asked the Board to please consider their application request.
Commissioner Ford told the applicant that the new structure looks very nice. He asked how wide each
stall is. Mr. Fernandez answered that each stall is 12 feet wide. Commissioner Ford asked if two stalls
would have to be removed. Ms. Gutierrez said it would be one and a half stables.
Commissioner Wittman asked what materials were used to build the stalls. Ms. Gutierrez replied they
used concrete.
Commissioner Stille asked if the applicants plan to have a run coming out of each stall. Janesa
Fernandez, the daughter, explained that they will have runs and will also put up guards to ensure the
horses cannot leave the property. Commissioner Stille explained that he boards horses and losing two of
the stalls would affect income and livelihood.
Commissioner Ford asked staff if the concrete wall will need to be removed. Ms. Pascoe responded that
the wall would not have to come down because it is considered a fence, not a structure.
Commissioner Wittman asked the applicant if the roof was all one structure all the way across. Ms.
Gutierrez said it is all together. Commissioner Stille asked what material the roof is made of. Ms.
Gutierrez said it is made of laminate and wood.
Commissioner Wittman asked the applicant where they measured from to get 20 feet from the roadway.
The applicant explained they measured from the edge of the road. Ms. Gutierrez said her husband
measured 21 feet from the edge of the road just to make sure the structure would meet setbacks.
Commissioner Wittman asked staff if interpreters were available for non-English speaking customers.
Ms. Pascoe answered no. Ms. Pascoe said when the applicants came into the office, she showed them
an aerial map. She explained to them that the setback would be 20 feet from the edge of road right of
way, while pointing to their fence line on the map. Ms. Pascoe said she understands that Mr. Fernandez
must have somehow misunderstood and thought it was from the edge of the gravel road. Commissioner
Wittman stated that having an interpreter would be a great service for cases like these.
Ms. Gutierrez addressed the Advisory Board and said their intentions were to always obey rules and
regulations, but her husband misunderstood.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bryon Gerke, 3179 Western Drive, Hudson, Colorado, said that he lives two houses to the north of the
applicants. Mr. Gerke asked staff if the other structures to the north meet the setbacks. Mr. Nader
explained that they did not measure the structures on the other properties but based on appearance from
the photo it looks like they would meet the 20 -foot setback. Mr. Gerke said in his opinion, he feels there
are other violations in the area. He does not feel the applicants should be prosecuted and made an
example of. Mr. Nader explained that in Weld County, violations are compliant driven. County staff does
not go out seeking issues. He said if a complaint comes in, Zoning and Compliance is obligated to look
into the situation.
Mr. Gerke said that the structure looks very professional and is well built. He said he feels it would be a
total shame to ask the applicants to remove part of their structure that they spent so much time and
money on. Mr. Gerke said as a neighbor, he is in support of the variance.
Bob Choate, Weld County Attorney, read the 5 criteria listed under Section 23-6-40.C. of the Weld County
Code to the Board. He reminded the Board they need to base their decision on this code.
Motion: Approve BOA20-0004 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 Stille, Karl Kohlgraf, Kathryn Wittman, Lonnie Ford, Michael Wailes.
The Chair commented that he felt the applicant met the criteria of Section 23-6-40.C.3, 23-6-40.C.4 and
23-6-40.C.5. He said in this particular case, he felt there was a communication error. Commissioner Wailes
stated,he thinks the applicant was trying to do the right thing throughout the process.
Meeting adjourned at 10:53 am.
Respectfully submitted,
Michelle Wall
Secretary
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