HomeMy WebLinkAbout20153004.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, September 1, 2015
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, September 1, 2015, in
the Hearing Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado. The
meeting was called to order by Vice Chair Jason Maxey at 10:06 a.m.
Roll Call.
Present: Benjamin Hansford, Gary Cyr, Jason Maxey, Michael Wailes, William Hedberg.
Absent: Jim Rohn, Jordan Jemiola.
Also Present: Diana Aungst, Department of Planning; Wayne Howard, Department of Planning Services
—Engineering Division; Bruce Barker, County Attorney; and Kristine Ranslem, Secretary.
Motion: Nominate Michael Wailes as Vice Chair, Moved by Jason Maxey, Seconded by Gary Cyr.
Motion carried unanimously.
Motion: Nominate Jason Maxey as Chair, Moved by William Hedberg, Seconded by Michael Wailes.
Motion carried unanimously.
CASE NUMBER: BOA15-0001
APPLICANT: DOUGLAS& DAWN DETIENNE
PLANNER: DIANA AUNGST
REQUEST: VARIANCE REQUEST FOR A SECOND BUSINESS SIGN (8X4 PER
FACE AND 10 FEET IN HEIGHT) IN THE A (AGRICULTURAL ZONE
DISTRICT.
LEGAL DESCRIPTION: SUBX14-0024; BEING PART OF THE E2NE4 SECTION 12, T5N,
rr R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO 10TH STREET; EAST OF AND ,,,, ,,,,
ADJACENT TO 95TH AVENUE.
Diana Aungst, Planning Services, presented Case BOA15-0001, reading the recommendation and
comments into the record. The Department of Planning Services recommends denial of this application.
Should the Board of Adjustment approve this case, staff requested that the following conditions be
attached.
1. The applicant shall obtain all the required permits through the Weld County Building Department.
2. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as
stated in the referral response dated July17, 2015. Evidence of such shall be submitted in writing
to the Weld County
Gary Cyr noted that the there is a building located to the east of the proposed sign location and added
that anyone traveling east going west the line of sight to the sign will be diminished. He said it appears
to him that the sign would be partially blocked.
William Hedberg asked if there is any pending annexation from the City of Greeley regarding this
property. Ms. Aungst said that when the Use by Special Review permit was in process, the City of
Greeley indicated that they do want to annex this property but no time frame was discussed. Jason
Maxey asked what the time frame is for a forcible annexation. Bruce Barker, County Attorney, said that
the time limit is 3 years with the property being 100% in an enclave.
Douglas DeTienne stated that the location of the sign on the visual map may be misrepresented and
added that it will be closer to the right-of-way. He said that 10th street is posted at 65 mph. Currently he
has a sandwich sign posted on site and added that anyone traveling at that speed cannot see that small
sign. Mr. DeTienne added that visibility is the best form of marketing.
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Mr. DeTienne said that this proposed sign meets the City of Greeley's municipal code. He added that the
City of Greeley indicated that they should receive annexation notification in the next few weeks.
Michael Wailes said that he drove by the site today and asked why the sandwich board is not at the
entrance and the primary sign along Highway 34. Mr. DeTienne said that they felt that the primary sign
should be at the entrance.
Mr. Wailes asked the applicant how long it will be before they are in operation. Mr. DeTienne stated that
the site should be in operation within the next couple weeks.
Mr. Maxey noted that the sign cannot be located within 25 feet of the CDOT right-of-way. He asked how
high the peak of the building next to the proposed sign location is on site. Mr. DeTienne said that it is
approximately 12 feet to the peak of the building. Mr. Maxey noted that it would be hard to see a 10 foot
high sign behind a 12 foot high building. Mr. Detienne said that he would need to verify the location or
request a 10 foot setback variance. Ms. Aungst clarified that if the applicant is requesting a setback
variance, that would also need to be considered by this Board as well as new referrals sent out. Mr.
DeTienne said that he could move it closer to the western property line. Ms. Aungst said that the offset
requirement is 5 feet or 3 foot for every 1 foot of building height so it could be moved closer to the
property line.
Bruce Barker, County Attorney, said that the question isn't the size or location of the sign but rather the
number of signs.
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. Cyr said that he understands that the proposed sign fits within the City of Greeley code. He said that
from the referral and the applicant there is potential for this property to be annexed into the City of
Greeley. He is inclined to allow it only because it may be annexed in the future and will fit within their
criteria.
Mr. Wailes agreed with Mr. Cyr's comments. He said that the timing could be right with the construction
of the sign along with the annexation.
Mr. Hedberg said that this is in the county now and is not allowed. At such time it is annexed into the City
of Greeley it can then be built per their criteria. He asked if it is really incumbent to make that adjustment
at this point in time or is it better served by following the codes.
Mr. Maxey said that was a good point. It was noted that the buildings have started construction. He said
that it is an interesting challenge with the property potentially being annexed.
Benjamin Hansford agreed with Mr. Hedberg and said if this property will be annexed into the City they
can then have this second sign. However according to the Weld County Code, this is not currently
allowed.
Motion: Deny Case BOA15-0001, Moved by Benjamin Hansford, Seconded by William Hedberg.
Vote: Motion failed (summary: Yes =2, No= 3, Abstain = 0).
Yes: Benjamin Hansford, William Hedberg.
No: Gary Cyr, Jason Maxey, Michael Wailes.
Michael Wailes commented that he would hate to see regulations stand in the way of someone starting a
business. He believes that annexation is imminent.
Jason Maxey concurred with Mr. Wailes and added that if this sign was way outside the bounds of
acceptable he would have a little different opinion.
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Motion: Approve Case BOA15-0001 along with the Conditions of Approval as proposed, Moved by
Michael Wailes, Seconded by Gary Cyr.
Vote: Motion passed (summary: Yes= 3, No= 2, Abstain = 0).
Yes: Gary Cyr, Jason Maxey, Michael Wailes.
Hansford,f r William Hedberg.
No: Benjamin a s o d, g
William Hedberg stated that he believes that the applicants are putting a nice facility together; however he
just doesn't see a compelling reason to grant a variance to the existing code.
Meeting adjourned at 10:39 am.
Respectfully submitted,
Digitally signed by Kristine Ranslem
Date:2015.09.03 13:30:28-06'00'
Kristine Ranslem
Secretary
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