HomeMy WebLinkAbout20202355.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, July 21, 2020
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, July 21, 2020, 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, Kathryn Wittman, Lonnie Ford, Gene Stille, and Michael Wailes.
Also Present: Chris Gathman and Angela Snyder, Department of Planning; Jose Gonzalez, Department
of Building Inspection; Melissa King, Department of Public Works; Bob Choate, County Attorney; and
Kristine Ranslem, Secretary.
Motion: Approve the June 2, 2020 Weld County Planning Commission minutes, Moved by Gene Stille,
Seconded by Kathryn Wittman. Motion passed unanimously.
CASE NUMBER: BOA20-0002
APPLICANT: AGUILAR FERNANDO
PLANNER: CHRIS GATHMAN
REQUEST: A VARIANCE FROM SECTION 23-3-70.B OF THE WELD COUNTY
CODE TO ALLOW A RESIDENCE TO BE CONSTRUCTED 9 -FEET
INTO THE 20 -FOOT SETBACK FROM THE FRONT PROPERTY LINE
(EDGE OF NORTH 25TH AVENUE RIGHT-OF-WAY).
LEGAL DESCRIPTION: LOT 30 ESPANOLA SUB, BEING PART OF NW4NE4 SECTION 36,
T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO NORTH 25TH AVENUE AND
APPROXIMATELY 350 -FEET SOUTH OF O STREET.
Chris Gathman, Planning Services, stated that the applicant is requesting a variance to construct 9 feet into
the 20 -foot setback in the front property line, which is the edge of North 25th Avenue right-of-way. Mr.
Gathman provided a visual slide showing the location of the home in relation to North 25th Avenue and
surrounding residences.
Mr. Gathman said that the applicants are applying for this variance due to a pending building permit. the
applicants applied for a building permit and they were in the process of building the house and putting in
the foundation. There was a requirement brought up by the Department of Building Inspection on
September 12, 2019 requiring them to provide verification that they met the north offset from the north
property line. Additionally, the applicant revised the building elevation to show the height of residence
measured from the grade to the peak of the roof at 23 feet on September 16, 2019. The applicant then
provided a foundation setback certification from a surveyor on November 4, 2019. The outcome of that is
that the setback from the north property line still met the Weld County Code requirements; however, the
setback from the front property line was only shown to be 11 feet from the property line. Based on this
review of this setback certification, it was determined that the setback location was out of compliance.
Mr. Gathman noted that there were some back and forth with setting up a pre -application meeting to discuss
the variance process and in the meantime the Department of Building Inspection allowed the applicant to
winterize or enclose the structure, so it didn't get snowed on.
Mr. Gathman stated that the applicant is requesting this variance as detailed in their appeal letter submitted
with the Board of Adjustment application materials dated May 13, 2020. The letter states that there are
already existing residences in the Espanola Subdivision that are as close or closer to North 25th Avenue
right-of-way than this proposed residence. The letter goes on to state that the applicant hired a professional
foundation contractor to install their foundation and the error in placing the foundation was not the fault of
the applicant. Finally, the letter goes on to state that it would be cost prohibitive to remove and replace the
building and that this request is the minimum variance to make possible the reasonable use of the lot.
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The Weld County Department of Planning Services has determined that the submitted materials are in
compliance with the application requirements of Section 23-6-40.A of the Weld County Code and
recommends that this request be approved. Mr. Gathman read the recommendation and comments into
the record.
Mr. Gathman noted that the referral received from the City of Greeley and said that they have a sanitary
sewer line on North 25th Avenue Court, which is located within a 20 -foot exclusive easement for the City of
Greeley. He added that the location of North 25th Avenue Court is back behind the property and this home
shouldn't interfere with that easement as they are located far enough from the street.
Lonnie Ford asked when the inspections are done by the Building Department, are the setbacks also
inspected. Mr. Gathman replied yes and added that as a result from the setback inspection the Building
Department requested the setback certification exhibit.
Mr. Ford asked if this should have been caught prior to pouring concrete. Jose Gonzalez, Building
Inspection, said that they do setbacks and footings inspections at the same time and added that it is also a
standard practice to get a letter from the engineer and verify setbacks as if the foundation is poured. Mr.
Gonzalez stated that in this case, the engineer inspected and poured the foundation and then called
Building Inspection to inspect setbacks and they provided the letter on the foundation. Upon the inspection,
the building inspector was concerned about the north setback.
Michael Wailes clarified if an inspector didn't physically inspect the site to verify setbacks and see that the
trench was in the wrong spot. Mr. Gonzalez replied that was correct. Mr. Wailes said that the last two (2)
Board of Adjustment cases were the same where the foundation was poured prior to setback inspection.
He is concerned that the accountability has fallen on the landowner. Mr. Gonzalez said that they allow the
engineer to inspect the entire foundation system to allow the applicants to move a little faster through the
construction project. He added that it is typical practice throughout the State, and it is on the contractor or
landowner to verify that the setbacks are done right. Mr. Wailes said it seems that the safety checks aren't
performed.
Ms. Wittman referred to the sanitary sewer line and clarified that since it is located in the alley that the
proposed condition of approval isn't an issue anymore. Mr. Gathman replied yes and added that it was
stated "as an attempt to address" and added that it shouldn't be an issue. He said that it is in the purview
of the Board of Adjustment to remove that condition.
Julie Cozad, Engineering Development Review Manager for the City of Greeley, said that there was
confusion as they originally thought it was the 1504 North 25th Avenue Court and not 1505 North 25th
Avenue. She said that there are sewer lines in both North 25th Avenue Court and North 25th Avenue so
their recommendation does stand. According to their records they don't have an exclusive easement on
North 25th Avenue because the sewer lines have been there quite a long time and it is considered a
prescriptive easement. Ms. Cozad stated that they would like to work with the applicant to at least have
the 11 feet that is provided on the survey certification exhibit. They are pretty confident that the sewer line
is not under the foundation, which is their biggest concern. She added that they can put together an
easement agreement and work with the applicant to make sure that nothing else gets built over the top of
that easement in case that line needs to be repaired or replaced.
Mr. Ford asked if it is okay to put a concrete driveway across the property. Ms. Cozad replied yes and
added that they do allow certain things to go over their lines, but they don't like trees that can interfere with
the sewer lines.
Gene Stille asked how deep, the size, age, and what the material is for the sewer line. Derek Hannon, City
of Greeley Water and Sewer Development, said that the line in North 25th Avenue is clay and is about 50
years old. He added that he doesn't know the depth of the line.
Mr. Stille asked Staff if there are any plans to expand North 25th Avenue. Melissa King, Public Works, said
that currently there are no plans to widen the right-of-way and is currently 60 feet. In addition to the 60 -foot
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right-of-way there is a 20 -foot setback ,that is now down to 11 feet. She added that there are no plans at
this point to widen that right-of-way.
Melissa King, Public Works, stated that the construction of this house within the required setback will have
no public safety concerns. Specifically, the area includes many houses and associated appurtenances that
were constructed within the setback area of North 25th Avenue and none of these provide obstructions that
could negatively sight distance requirements or stopping distance requirements for traffic.
Mr. Wailes referred to the homes that are closer to North 25th Avenue and asked to see where they are
located in relation to this site. Mr. Gathman showed on a visual slide the distance from some of the
surrounding houses to North 25th Avenue.
Bill Garcia, Coan, Payton & Pane, LLC, 1711 61st Avenue, stated that he represents the applicants. He
said that this request is the least impactful in terms of financial hardship to the applicant.
Mr. Garcia referred to the distance from other homes within the setback and said that his clients said that
there are three (3) homes that are about eight (8) or so feet away from North 25th Avenue. Mr. Garcia said
that his clients request the opportunity to complete the construction of their house.
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. Garcia added that he has spoken with Ms. Cozad and said that they are willing to work on formalizing
an easement agreement with the City of Greeley.
The Chair asked the applicant if they have read through the Condition of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Approve BOA20-0002 along with the Condition 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: Karl Kohlgraf, Kathryn Wittman, Lonnie Ford, Gene Stille, and Michael Wailes.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
BOA20-0003
CONNIE ALLMER
ANGELA SNYDER
APPEAL OF ADMINISTRATIVE DECISION REGARDING THE
ABANDONMENT OF NON -CONFORMING USE PER SECTION 23-7-
30.C OF THE WELD COUNTY CODE FOR A CHURCH
PART SE4 SECTION 36, T7N, R62W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 74, APPROXIMATELY 0.5 MILES
WEST OF CR 85.
Angela Snyder, Planning Services, stated that the church property was established by deed on October 20,
1929 by James and Edna Ferguson, who deeded the property to the Colorado Conference of the
Evangelical Church and named the Osgood Community Church. It is unclear how long the church was in
operation.
In 2010, the Building Department received a complaint of a possible dangerous building, however, the
Building Department made a determination of "no violation" on May 16, 2011. The property went into
foreclosure and was sold at auction in 2011.
Ms. Hicks deeded the property to Ms. Allmer in 2019, with the intention of having the church restored
according to the applicant.
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Weld County is currently holding a building permit for the restoration of the church based on abandonment
of the nonconforming use of the property based on the condition of the building and the foreclosure. Staff
issued a building permit on June 3, 2020 to stabilize the foundation as an emergency measure to protect
the historic structure.
Should the Board of Adjustment find that the use of the structure for a church has been abandoned, then
the applicant will need to apply and be approved for a Use by Special Review permit to restore the building
and use it for a church.
Ms. Snyder read the recommendation and comments into the record for BOA20-0003. She added that
since the church had been unused for a period of time assumed to be longer than one year, the ability to
operate without a Use by Special Review permit ceased.
Kathryn Wittman asked if there is any sign or indication that it is a church. Ms. Snyder replied that there is
a cross and some signs on the windows. Ms. Wittman asked if it appears that it is abandoned. Ms. Snyder
couldn't answer as it was determined by another planner.
In response to Michael Wailes inquiry, Ms. Snyder replied that a referral was not sent to History Colorado.
She added to be considered historic it would need to be 50 years or older.
Melissa King, Public Works, reported on the existing traffic and access to the site.
Connie Allmer, 51294 CR 76, Briggsdale, Colorado, said that she purchased this church in 2019 and started
the process of restoration on it. It was made a church in 1928. She said that Sandra Hicks had it as an
active church since 2011 and Ms. Allmer added that she had attended services in the church from 2011 to
2014. Ms. Allmer added that some of these services were held at folk's homes in the community rather
than at the church building because of lack of electricity, etc. Additionally, they hold services outdoors and
have had an average of 18 people attend.
Mr. Ford asked if this building is registered as an historical building. Ms. Allmer said it is not registered as
a historical building and added that she checked into doing the registry; however, with some of the things
it required she didn't have the ability to dig through documents and find.
Ms. Wittman asked if during the question of abandonment, if there was anything going on in the church at
that time or was it during the foreclosure and the sale. Ms. Allmer said that the foreclosure was prior to Ms.
Hicks owning it. She added that from 2010 to 2019, Ms. Hicks had submitted septic permits, well permit,
an engineer report and foundation. However, Ms. Hicks became ill and not a whole lot of activity was done
other than maintaining a website.
Mr. Wailes asked if there has been any other activity conducted on the property since 2014 that could be
confused as a different use, such as storage or commercial operations. Ms. Allmer said that there was a
group that put together a fundraiser at the church around 2014. Recently the church was given a storage
truck and they have stored some electrical materials and church pews that are stored on site.
Ms. Allmer said that in her research the church itself is in a community called Osgood and added that
Osgood has been labeled a ghost town. Additionally, when you research on the Weld County website, the
feature name is Osgood Church and the category that Weld County has listed is culture and historical
features but the class it is listed under is a church.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Kent Peterson, Platteville, Colorado, stated that he is a registered professional engineer and he did a lot of
forensic investigation of distressed structures. In 2012, Ms. Hicks requested he review the building and
added that he wrote a report at that time. Then he didn't hear anything until 2019 when he was asked to
stamp the letter again at the request from Weld County Building Department to verify he did the evaluation.
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Mr. Peterson presented an overview of the condition of the building and added that he is preparing plans
for the potential future permitting for the church.
David Meek, Pastor at Glad Tidings, 35th Avenue and 6th Street, Greeley, Colorado, stated that he is here
on behalf of several people who are behind this project and get this project finished.
Alphretta Erdmann, said that she is one of the two neighbors across the road from the church. She has
lived there for 15 years and when they moved in the church was a fairly empty building and had started to
fall into disrepair. She added that it was a blessing to see Ms. Hicks purchase it and start restoring it.
Ms. Erdmann said that if anyone would be interested in seeing this building fixed it would be her and her
neighbor to the east.
Eric Andratie, 34914 CR 79, stated that his family has been in the area since 1906 and they have
attended that church. He added that he has had friends married at that church in the early 1980s. Mr.
Andratie said that it is nostalgic and would like to see it restored to what it was or better. Additionally, he
stated that he does attend church outside.
The Chair said that our criteria is that the Board of Adjustment's decision shall be based only upon the
information presented at the public hearing and its interpretation of Chapter 23 of this Code. He cited
Section 23-1-40.A.9 and Section 23-1-40.A.10 in regard to conserving the value of the property and
encouraging the most appropriate use of land. Additionally, he cited Section 23-1-40.B.3 preserving areas
of historical and archaeological importance. Mr. Wailes said that upon hearing testimony from the applicant
and the public he feels that those Sections give the Board of Adjustments the authority and ground to stand
on to overturn the administrative decision.
Ms. Wittman agreed with Mr. Wailes.
Motion: Approve the nonconforming use to grant the appeal and overturn the administrative decision for
BOA20-0003, Moved by Gene Stille, Seconded by Karl Kohlgraf.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Karl Kohlgraf, Kathryn Wittman, Lonnie Ford, Gene Stille, and Michael Wailes.
Mr. Stille said that if anyone in that area wants to go to a church they have to travel for miles and added
that it is fantastic that the applicant will provide a facility out there once it is restored.
Tom Parko, Planning Services, stated that the Board of Adjustment Bylaws have not been reviewed or
changed since 2006. The proposed changes included in the handout provided are to clean up and update
it to keep up with the times.
Motion: Approve changes to the Board of Adjustment Bylaws, Moved by Kathryn Wittman, Seconded by
Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Karl Kohlgraf, Kathryn Wittman, Lonnie Ford, Gene Stille, and Michael Wailes.
Meeting adjourned at 11:39 am.
Respectfully submitted,
461,1.c an.t-, Aa114t_Y.J u
Kristine Ranslem
Secretary
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