[4:59] Good morning and welcome to the Board of County Commissioners meeting, uh,

[5:04] land use meeting. Today is Thursday, September 10th.

[5:07] We do begin each of our meetings with an invocation,

[5:10] and this morning we have Pastor Jason Brockman from Colorado Springs Baptist

[5:14] Brockman from Colorado Springs Baptist Church.

[5:15] We invite you to stand and join us.

[5:17] Thank you, Commissioner Geitner. Thank you for the opportunity this morning.

[5:21] Let's go ahead and bow our heads in prayer.

[5:24] Father, we thank you for the privilege it is to be able to have meetings like this.

[5:29] I know many times we Amen.

[5:31] Lord, I pray that as we come and there are people here that have maybe a little bit

[5:36] of angst, a little bit of pressure, stress, understanding,

[5:39] something that wants to be done, but Lord,

[5:42] I pray You'd help us to remember how blessed we are to be able to have this

[5:46] blessed we are to be able to have this method.

[5:47] Lord, thank You for the fact that each and every person here has the ability to have

[5:52] a personal relationship with You.

[5:54] Lord, I pray that each and every person here serving or being served would

[5:58] here serving or being served would determine

[5:59] to make that decision to put their faith and trust in you.

[6:03] Lord, for those who are leading in this capacity, thank you for the work,

[6:07] the effort, and the service they provide to our community.

[6:11] Lord, I pray everything that is done today would be done in the right spirit and the

[6:16] right tone. I pray that each of us here would realize that we're here to serve one

[6:21] another and the great privilege it is to be servants.

[6:24] Lord, thank you for those who have really gone out of their way.

[6:28] I know many times we don't Think of people in leadership many times,

[6:32] of how they sacrifice for us.

[6:34] Lord, I pray for each person who has a need here today.

[6:37] I'm confident someone in here is going through a struggle and a difficulty.

[6:42] Lord, I pray that you would meet their needs.

[6:44] For those who have ailments or sickness,

[6:47] for those who are dealing with other issues that are not described, Lord,

[6:51] I pray that the decisions that we made today and the conversations that happened

[6:56] would honor you. In Jesus' name we pray. Amen.

[6:59] Commissioner Wysong,

[7:05] if you'd lead us in

[7:11] the Pledge of

[7:16] Allegiance, please.

[7:22] Item 3.

[7:24] Item number 3 is staff emergency items,

[7:27] and I'm unaware of any staff emergency items today.

[7:31] Item 4.

[7:33] Item number 4 is changes, postponements, and notice of the next meeting.

[7:38] I'm unaware of any changes or postponements to today's agenda,

[7:41] and the next meeting will be September 15th at 9:00 AM.

[7:45] Item 5.

[7:47] Item number 5 is the land use consent calendar, including items 5A and 5B.

[7:52] And Madam Chair, there's one exhibit that has been handed out that was received

[7:56] after the packet was published to the web.

[7:59] Okay, thank you. Uh,

[8:00] is there anyone here who wishes to speak on an item on the consent

[8:06] calendar? Okay, seeing none,

[8:08] I will bring it up here to commissioners for any comments or motion.

[8:14] Commissioner Wysong.

[8:16] Thank you, Madam Chair. Uh, just a, a couple of comments.

[8:21] Um, Under the Kyle Reese Zone 5A, I was reading through all the documentation.

[8:27] It was just the traffic study alluded to another potential development tie-in.

[8:34] And I, I kind of asked the, the question of, of our executive director of planning.

[8:41] And since it's, it's been approved, but there's nothing there yet.

[8:47] It just seems that if traffic study mentions it, there should be follow-up,

[8:53] and that kind of defines what potentially could be there.

[8:58] Right in, right out only on a 55-mile-an-hour highway just makes me a

[9:04] 55-mile-an-hour highway just makes me a little

[9:04] nervous, is all. And that I just wanted to kind of address that.

[9:10] Um, is, is a kind of a concern that has it truly been evaluated from a safety

[9:16] perspective? I'm assuming it has from CDOT. It just made me really nervous is

[9:23] CDOT. It just made me really nervous is all.

[9:23] Yeah, I appreciate you bringing up that, um,

[9:26] given that this is in my district and this is an intersection that I drive

[9:32] regularly, um, always concerned about. I drive it regularly, and so do my children.

[9:38] And so, you know, these are things that I think we all want to make sure things are

[9:44] safe. But I will say, going through the notes,

[9:47] looking at some of the comments from the Planning Commission,

[9:52] and this was also discussed, I do agree that this is the map amendment stage,

[9:57] and we have further things down the road.

[10:00] And while that is the current recommendation or requirement that is

[10:05] recommendation or requirement that is being

[10:06] recommended, um, that we will see in far more detail as we move through this

[10:11] more detail as we move through this process

[10:12] and have the opportunity to ensure that safety moving forward as well.

[10:17] So I too am comfortable with this, but thank you for bringing up those concerns.

[10:23] Okay, do we have any other comments or a motion on the consent calendar?

[10:28] Move to approve the consent calendar.

[10:32] Second.

[10:33] Okay, that has been moved and seconded,

[10:35] and I will call the roll beginning with Commissioner Wysong.

[10:39] Aye.

[10:39] Vice Chair Nelson?

[10:40] Aye.

[10:40] Commissioner Applegate?

[10:42] Aye.

[10:42] Commissioner Williams?

[10:44] Aye.

[10:44] And the chair votes aye. That passes 5-0. Item 6.

[10:48] Item number 6 is the called-up consent calendar, and there are no items called

[10:53] calendar, and there are no items called up.

[10:54] Item 7.

[10:55] Item number 7 is department and committee reports, non-action items,

[10:58] and there are none.

[11:00] Item 8.

[11:01] Item 8 is the addendum, and there are no addendums today.

[11:05] Item 9.

[11:05] Item 9 is the executive session, and there is no request for executive session.

[11:09] Okay, with that, this, uh,

[11:16] we've come to the end of

[11:23] this agenda, and this

[11:28] meeting is adjourned.

[11:34] Good morning and welcome to

[11:41] the Board of Adjustment

[11:48] meeting. Today is Thursday,

[11:55] September 10th. We'll begin

[12:02] with item 1.

[12:06] Item number 1 is changes and postponements,

[12:08] and I'm unaware of any changes or postponements.

[12:11] Item 2.

[12:13] Item number 2 is the consent calendar, including item 2A.

[12:16] Okay, is there anyone here who wishes to speak on an item on the consent

[12:24] calendar? Please come down, sir.

[12:27] And just as a reminder, this is the minutes— uh, we—

[12:32] this is the approval of minutes on the consent calendar. Okay. Okay.

[12:39] Um, so I will ask if there are any comments from commissioners.

[12:46] I move approval of item 2A.

[12:49] Second.

[12:50] All right, that's been moved and seconded.

[12:52] We'll begin the vote with Commissioner Wysong.

[12:54] Aye.

[12:55] Vice Chair Nelson.

[12:57] Aye.

[12:57] Commissioner Applegate.

[12:59] Aye.

[12:59] Commissioner Williams.

[13:00] Aye.

[13:01] And the chair votes aye. That passes 5-0. Item 3.

[13:04] Item number 3 is a dimensional variance,

[13:07] 16990 Cherry Creek Crossing Drive side setback relief,

[13:11] a request by James Lucas for approval of a dimensional variance to allow a 10-foot

[13:18] side setback where 35 feet is required in the Cherry Crossing PUD,

[13:23] Planned Unit Development zoning district,

[13:26] for the proposed placement of a detached garage.

[13:29] The 2.66-acre property is located at 16990 Cherry Creek Crossing Drive,

[13:35] approximately 3,000 feet northwest of the intersection of Hodgdon Road and Highway

[13:41] 83. Parcel number 6122008022, Commissioner District 1. File BOA-26005.

[13:46] Second.

[13:47] Lacey Dean, Associate Planner, Planning and Community Development.

[13:50] Good morning.

[13:52] Good morning, Commissioners. Um, this is for BOA 265.

[13:56] Um, this is requesting a setback relief for a detached garage at 16990 Cherry

[14:02] for a detached garage at 16990 Cherry Creek

[14:02] Crossing Drive. I'm the planner assigned to this, um,

[14:07] along with Joe Sandstrom from Department of Public Works.

[14:11] If you're watching remotely and have not provided a name and reliable phone number,

[14:18] please email that information now to pcdhearings@elpasoco.com.

[14:23] The procedure today will basically be my presentation followed by the applicant's

[14:29] presentation. If there are citizens in favor, um, they will be called up,

[14:35] followed by citizens against.

[14:38] The applicant will have a chance to rebut the citizens against,

[14:43] followed by questions for staff, and then you all will make a determination.

[14:49] I'll give you a moment to read through the criteria of approval for Board of

[14:55] Adjustment. This is some additional criteria, um, to consider.

[15:00] So the request today is by James Lucas,

[15:03] and he would ask for a 10-foot side setback where 35 feet is required in the

[15:09] setback where 35 feet is required in the Cherry

[15:10] Creek Crossing PUD. It is for a detached garage.

[15:13] The 2.66-acre property is located here,

[15:17] which is approximately 3,000 feet northwest of the intersection of Hodgen

[15:22] northwest of the intersection of Hodgen Road and

[15:23] Highway 83. The zoning, as I stated earlier, is a PUD.

[15:27] This whole section here is the same PUD, Cherry Creek Crossing,

[15:32] but you can see surrounding it is other RR-2.5 zoning.

[15:37] This PUD also has a 2.5 minimum lot size requirement.

[15:41] A little bit of background for you.

[15:44] The zoning was established on the property in 1955,

[15:48] and in 1997 it was rezoned to planned unit development for Cherry Creek Crossing.

[15:54] They platted it in 1999, and the existing home was built in 2004.

[16:00] The position of the home on the land,

[16:03] as you'll see as I get through the PUD guidelines in a moment,

[16:08] it was built the way that it is based on the natural features of the, of the site.

[16:14] Currently, the most western corner of the structure is only 10 feet from the setback

[16:21] line. So when he's proposing a detached garage on that side,

[16:26] he's going to need more than the 10 feet that is remaining before he encroaches

[16:32] that is remaining before he encroaches that

[16:32] setback. This is the PUD here, the entirety of the PUD.

[16:37] This, um, blue square is indicating his lot.

[16:40] This is A piece pulled from that PUD document showing the topography on his

[16:46] document showing the topography on his land.

[16:47] You can see it slopes down as you go further south,

[16:51] and he actually has a no-build area all along this southern portion.

[16:56] It's hard to see on this image here, but this part as well slopes down.

[17:02] And I— this is a street view looking toward the house from Cherry Creek

[17:08] toward the house from Cherry Creek Crossing,

[17:08] and you can see it slopes down over here.

[17:12] Over here is where he intends to put the detached garage.

[17:16] This yellow line, I'm sorry, indicates the setback line,

[17:21] and that red square indicates where he's wanting to put the garage.

[17:26] In terms of zoning compliance, um, with the specific PUD, um,

[17:31] a planned unit development zone is basically a very specific set of design

[17:37] basically a very specific set of design standards

[17:38] that are put in place for a certain area.

[17:41] And in the Cherry Creek Crossing They wanted to maintain sensitivity to the

[17:47] characteristics of the site. They have dimensional standards here for you.

[17:53] Like I said, a minimum 2.5-acre zone or lot size.

[17:57] The 35 feet on the sides and the rear is where he's going to be asking for relief

[18:03] because he needs 10 feet on the west side of his property.

[18:08] These are some development guidelines I pulled from the PUD as well that I think

[18:14] pulled from the PUD as well that I think are

[18:15] relevant to his request.

[18:17] The buildings shall be situated to maximize the amount and quality of views

[18:23] maximize the amount and quality of views and

[18:23] natural light. The plan utilizes the floodplains, drainage structures, slopes,

[18:29] and existing vegetation to their best advantage and further enhances the

[18:35] advantage and further enhances the elements to

[18:36] create a quality environment in which to live.

[18:40] They minimize damage to the existing vegetation maintained in a natural state

[18:46] vegetation maintained in a natural state as

[18:46] nearly as possible. So again, as I mentioned prior, the house was put where

[18:52] mentioned prior, the house was put where it is,

[18:52] so close to that other setback.

[18:55] Right.

[18:55] Because of the other natural features that are on the site.

[18:59] One of the requirements as well in the POD is that both the Cherry Creek Crossing

[19:05] Design Review Committee as well as our department needs to approve the variance.

[19:11] He has already received approval from his property owners association for the

[19:17] request. Another, um,

[19:19] piece that limits his placement of it is that accessory buildings should not be

[19:24] located closer to the street frontage than the main building.

[19:29] Analysis of the approval of criteria.

[19:32] It is not exceptionally narrow or shallow or oddly shaped.

[19:36] However, with the exceptional topographic conditions—

[19:40] I wouldn't say they're exceptional,

[19:42] but the specific design was based on the PUD requirements, um,

[19:47] which again is limiting options for him of where to put this accessory detached

[19:53] garage. The variance would provide permanent relief in speaking to this

[19:58] permanent relief in speaking to this additional

[19:59] approval criteria to consider.

[20:01] Um, it does not include an alternative plan,

[20:04] and it is intended to preserve the natural features of the site,

[20:09] which I think are again limiting where he has options to put this structure.

[20:15] 2 alternatives that I came up with in reviewing this is that he could put it

[20:20] elsewhere, but as I've already discussed, that would require a lot of grading,

[20:26] which I think goes against the intention of the PUD. He could also possibly rezone.

[20:32] That does not seem feasible though,

[20:35] given that it would not then be harmonious with the rest of the surrounding

[20:40] properties in the PUD.

[20:42] The next couple slides I'm going to go through, um, if you have questions on

[20:47] through, um, if you have questions on them,

[20:48] I will call up Joe Sandstrom from Department of Public Works.

[20:52] There were no concerns with drainage and erosion.

[20:56] Um, it's not in a regulatory floodplain.

[20:59] It is part of the West Cherry Creek drainage basin.

[21:03] Um, there was no drainage report or grading erosion control plan required due

[21:08] grading erosion control plan required due to

[21:09] minimal disturbance. Traffic study was not required.

[21:12] It's not going to generate any additional trips,

[21:16] and the road impact fees are not applicable.

[21:19] Our department notified 21 adjoining neighbors on August 25th.

[21:24] We have had zero comments in opposition returned.

[21:27] We'd had one comment in support posted to the public eDARP file.

[21:32] And this is just a poster of, uh,

[21:35] or a picture of where he posted the notification on his site.

[21:39] This blue car right here is where the garage will be if it is approved.

[21:44] Okay.

[21:45] The applicant himself also reached out, um,

[21:48] took it upon himself to reach out to his neighbors and got, um,

[21:53] several of them to sign a petition stating that they're in approval of his request

[22:00] to put the garage where he's proposing.

[22:03] And then this is just an email from the, um, Property Owners Association.

[22:09] I also went ahead and looked around the surrounding properties to see if anyone

[22:15] surrounding properties to see if anyone else

[22:15] had been granted a BOA in this PUD, and I only found one down here in this blue, um,

[22:22] outline. They were granted a Board of Adjustment 2004 for their lot width,

[22:28] which is required to be 200 feet,

[22:31] and they were granted 133 Commissioner Wysong has a question.

[22:35] Thank you, Madam Chair.

[22:39] Could you go back a couple of slides?

[22:44] Um, yes, I just wanted to read the, um,

[22:49] letter from the HOA. Okay, thank you.

[22:59] Um, if there are no questions, I can bring up the applicant.

[23:01] Questions before we move to the applicant? Okay, I think we are ready.

[23:23] Thank you. My name's Jim Lucas.

[23:25] Um, first and foremost, thank you for, uh, having me here today. I appreciate that.

[23:31] I also want to give a shout out to Lacey.

[23:34] She's been absolutely awesome as I started this process.

[23:38] The communication back and forth has just been great. So thank you so much.

[23:43] Um, my wife and I have looked at different areas on our property to try to build a

[23:49] detached garage.

[23:50] Thank you.

[23:51] to where we wouldn't have to face a variance ruling.

[23:56] And truly, it's like Lacey said, there's no really good area.

[24:02] Um, from the driveway down to the east, the drain, it just drops off.

[24:09] It's quite the incline. And so I'll share that with you.

[24:14] Lacey, you said scroll down. There we go. There we go.

[24:20] Okay, this is just a view from me standing in the street.

[24:25] You can see the asphalt, and as the asphalt curls back to the right, um,

[24:32] that is where that garage would sit.

[24:35] The house on the far side that you can see, the tan,

[24:40] that's my next-door neighbors. They fully endorse this project.

[24:47] That's who it affects the most. Now listen, I am not good at drawing.

[24:53] That was done by my cursor on the computer.

[24:57] But in essence, that gives you a visual of where that detached garage would sit,

[25:05] and that's also behind the, uh, utility lines of gas and water.

[25:11] Also, the trim of the house is a Dover white stucco.

[25:16] Black bean is the trim, black shingled roof.

[25:20] The detached garage would match the current home.

[25:25] Again, my hand got a little squirrely, but that is facing our house east,

[25:32] so you can see the house and you can see the drop-off actually.

[25:38] To the right, and that would be the footprint of the garage.

[25:44] And there's the 4-sided elevation of it.

[25:53] There.

[25:57] I think that's it. Okay.

[26:01] Do we have any questions for the applicant? Commissioner Wysong.

[26:04] Thank you, Madam Chair.

[26:07] Um, just find a couple of interesting things that the, the POA is,

[26:13] is in support of, uh, the encroachment on the, um, side easement,

[26:20] but they weren't— they didn't appear to give you an option of

[26:26] encroaching on the 90-foot easement in front of—

[26:31] between the street and the house,

[26:34] which I just kind of thought was interesting.

[26:38] And then another is,

[26:40] I believe you said in some of the documentation that you're adding the

[26:47] garage because the POA requires all cars to be in a garage.

[26:53] So there's a piece to that. You need to—I'll give you a little insight to me.

[26:59] I'm a retired educator. They want cars parked in there. That's a small part.

[27:05] It'll actually—I restore motorcycles, so I have four motorcycles in our garage,

[27:10] and anytime I want to work on them,

[27:13] I have to pull vehicles out to pull the bikes out to work on them.

[27:18] And so really, that detached garage is going to be to put motorcycles over there.

[27:24] And in time, I would like to get a lathe and do some fabricating.

[27:29] No, they're not loud or industrial. It's very quiet.

[27:33] And so that's a large piece of it.

[27:35] And then also to get—

[27:37] we have a brush hog that you can see in the background on one of those pictures.

[27:42] It's orange Kubota. And get that into the detached garage.

[27:47] So to answer the question, yes, they don't want cars parked outside.

[27:52] But our cars parked outside, yes, at times.

[27:55] And then when you purchased the home,

[28:00] you knew what the requirements were for the side

[28:06] setback?

[28:07] So we did it. We bought that home in April of 2010,

[28:12] and at that time I wasn't involved as much with that stuff and was aware

[28:18] of the side setbacks and all the, uh,

[28:21] declarations for the Cherry Creek Crossing neighborhood.

[28:25] Okay, thank you.

[28:27] Okay, any additional questions for the applicant?

[28:36] All right.

[28:36] Oh, sorry, Commissioner Applegate.

[28:38] So I was looking at the pictures and I'm trying to get like a line drawn so I know

[28:42] where it's at, about how far from this, uh,

[28:45] on that one side will it be to your fence?

[28:47] Because it—

[28:47] so that was in your kind of near that back fence there.

[28:50] To the, to the side fence of our yard? Yeah, side fence.

[28:53] It would probably be 2 to 3 feet from that.

[28:55] Okay, so pretty close.

[28:56] Yes.

[28:56] All right, thank you.

[28:57] Yep.

[29:01] Okay, all right, I think, uh, thank you very much.

[29:05] I think we're going to move to the public input portion of the hearing at this

[29:11] point. So if there's anyone here to speak in support of this application,

[29:16] I ask you to come forward at this time.

[29:19] And seeing none, I'll ask if there's anyone here to speak in opposition to this

[29:24] application. Okay, seeing none, uh, this is generally the rebuttal portion.

[29:30] You don't have anything to rebut,

[29:32] so I'll just ask if you have any additional comments.

[29:38] Okay.

[29:39] I will tell you all the neighbors—

[29:40] If you would come to the microphone just so that we could get you captured on the

[29:44] record.

[29:45] I will tell you that, uh, all the neighbors have been sensational.

[29:49] They all support it.

[29:51] I just saw a thing come through the EDARP yesterday of Ron Kramer.

[29:55] The mailer was sent back, uh, from the post office.

[29:59] Long story short, he lives directly across the street from me,

[30:03] and he was on one of those signed notes I did early on, uh, to approve it.

[30:09] So just want you to be aware of that.

[30:11] Thank you. Thank you very much.

[30:14] Okay, so with that, um,

[30:16] we have gone through public input and the rebuttal portion,

[30:21] so I'm going to make sure there aren't any last questions for staff.

[30:27] Okay, then we will close this portion of the hearing.

[30:31] We'll move to any comments or a motion from commissioners.

[30:36] Um, I'm in support of this application, and unless there's any comments,

[30:41] I'll make the motion.

[30:43] I move to approve item number 3, BOA 26-005,

[30:46] the 16990 Cherry Creek Crossing Drive side setback variance,

[30:50] incorporating staff's recommended conditions and notations,

[30:54] and further finding that based on equitable considerations presented by the

[30:59] applicant, the burdens of strict compliance with the zoning requirements

[31:04] significantly exceed the benefits of such compliance for this specific piece of

[31:09] property. I further find that the subject property has numerous legal restrictions

[31:14] which would make placement of the garage elsewhere a hardship.

[31:19] This is due to the existence of the no-build area, the steep slope in the

[31:24] no-build area, the steep slope in the back,

[31:24] the general configuration of the home on the parcel,

[31:27] and the PUD guideline requiring that garages not be prominent along

[31:32] garages not be prominent along streetscapes.

[31:33] Second. Okay, that's been moved and seconded.

[31:37] Do I have any further comments this time?

[31:41] Okay, I will, um, go ahead and call the roll beginning with Commissioner Wysong.

[31:49] Aye.

[31:50] Vice Chair Nelson.

[31:51] Aye.

[31:51] Commissioner Applegate.

[31:53] Aye.

[31:53] Commissioner Williams.

[31:55] Aye.

[31:55] And the chair votes aye.

[31:58] That passes 5-0. Congratulations.

[32:02] Okay, item 4.

[32:04] Item number 4 is the addendum, and there are no addendums today.

[32:08] Item 5.

[32:09] Item 5 is the executive session, and there is no request for executive session.

[32:13] Okay, with that, we've come to the end of this agenda,

[32:16] and this meeting is adjourned.

BOCC Land Use Meeting and Board of Adjustment Meeting

Transcript