[0:01] We're waiting on, we're on the,

[0:09] we're on the, we're on the, we're on, please take your seat.

[0:51] Okay, we're good to go. All right, we will open up this land use hearing. Today, they, they being orders to 13, 20, 25, and it's 1, 3, B, and we're on the four roll call, please.

[1:08] Commissioner Buck. Here. Commissioner Schroeder. Here. Commissioner McDaniel. Here. All right.

[1:15] I'll turn this over to, thank you.

[1:29] Mr. Chair, I'm moving that we open a public hearing.

[1:31] Are we open as the Board of Adjustments

[1:32] for this public hearing for the press or variance case number

[1:39] V82025-001?

[1:41] Your motion, your area's a motion, is there a second to open up

[1:45] as the Board of Adjustments?

[1:47] All of our sign of aye.

[1:49] Aye.

[1:50] All right, now, all right.

[1:52] Thank you, commissioners.

[1:54] Good afternoon, everyone. My name is Danny Klavanger, and I'm a land use planner here with the community and development services department.

[2:03] Today, I will be presenting Presservarians, BA-2025-001.

[2:11] All right, so this presentation is about a major variance to the front set back on a property located at 615 coyote trail in Elizabeth, Colorado 8017.

[2:24] The variants will allow for the construction of an accessory structure and the applicant and property owner is Michael Preser.

[2:33] The site size is five acres and the zoning is residential agriculture one.

[2:42] Here's a look at the county. It's very hard to see the location here, so we'll move in closer.

[2:48] But it's roughly five miles north of Elizabeth in the Coyote Hills subdivision.

[2:54] Here's a closer look, independence and signal ridge are the subdivisions on either side to the north and south of the property and a look at the zoning map.

[3:08] So Mark with the star there is 16 coyote trail.

[3:14] Again, it's known residential agriculture one,

[3:17] RA one, other zoning in the area includes PUD

[3:21] with independence to the north,

[3:23] agriculture residential signal ridge to the south there

[3:28] and residential agriculture out there to the west.

[3:34] Here's another look at the property.

[3:35] There's the Douglas, Albert County line.

[3:37] It's about a half mile to the west, and this aerial view, you can see the property

[3:43] shaded there in white orange.

[3:47] Moving in a little closer, this subject property is, again, five acres.

[3:52] It has an existing residence and an existing driveway that will remain surrounding properties.

[4:00] Our all-zone residential agriculture one in coyote hills.

[4:03] There's no wetlands on the property, no floodplain on the property.

[4:10] Here's a look at the final plaid.

[4:12] In addition to the residential agriculture,

[4:15] one typical setbacks, priority hills has building envelopes.

[4:19] So the variance will be to modify the building envelope

[4:25] to allow for this single structure.

[4:28] I look at the site plan for the variance.

[4:33] There is the proposed garage there.

[4:36] It's roughly 50 by 40 building,

[4:40] and it'll be just to the southeast corner of the house there.

[4:47] And it will be 73 feet from the property line.

[4:53] The setback here shows 100 feet,

[4:56] but it is important to note that there is a building

[4:58] and the low that will be buried.

[5:00] For this construction as well, the existing residents there in gray.

[5:09] Right, so the reduced standard to the RA1 front set back would be 27 feet if it were typical RA1.

[5:17] Again, priority hills has the building envelope, so it will be to reduce the building envelope set back by 57 feet.

[5:26] A no utility easements are impacted, the neighbor, and architectural review committee have no objections.

[5:33] This will also have to be approved by the architectural review committee and the applicant is aware of that.

[5:41] So this project started in March of 2025, March 26 with a pre-app meeting, there is no community meeting.

[5:49] The first review cycle was in May of 2025, May 1st through May 22nd, and all notice

[5:57] requirements have been met her Albert County zoning regulations with mailed notice,

[6:02] two property owners within a quarter mile, public notice signed, hosted on the property

[6:07] July 27th, and newspaper notification in Ranchland News posted July 24th, and here we

[6:16] today with the Board of Adjustment Public Hearing.

[6:22] This applicant made all requested revisions by the referral agencies

[6:25] are very few.

[6:27] There are no outstanding objections from any internal or external referral

[6:32] agency in these were agencies that commented for us.

[6:39] There have been no public comments received on this item.

[6:43] The applicant also stated that the adjacent neighbor has no objections.

[6:47] that's the closest neighbor to the south and again the HOA Architectural Review Committee will still have to approve this variance if the county allows for it, so the applicant is aware of that.

[7:04] I will get into now the approval criteria for variances from Albert County Zoning Regulations

[7:12] Article 3, J7, there's five criteria for variances.

[7:18] The first is by reason of exceptional narrowness, shaloness, or shape of a specific piece

[7:26] of property, topographical conditions, or other extraordinary and exceptional situation or

[7:32] In addition to the piece of property, the strict application of the regulation that would result in peculiar and undue practical difficulties for peculiar and unnecessary hardship on the owner of the property.

[7:49] Here are the presser properties, topography and the current layout of the house and each field and the current existing driveway make the southeast corner of the residents and ideal place for the accessory building.

[8:01] There might be other locations where the accessory building could be cited, but other placements may cause more difficulty.

[8:10] The building envelope for this lot is particularly restrictive based on the location of the home.

[8:21] The extraordinary and exceptional situation for the proposed variants is not self-imposed.

[8:26] The basis for this variance request is a result of the topography primarily driving away location and the existing

[8:35] leech field as any other location may add difficulty and additional cost of variance was requested to allow for this planned accessory building.

[8:46] See, the variance complies with the purpose and intent of the standard to be varied and generally

[8:53] generally observes the spirit of the zoning regulations.

[8:56] This proposed variance complies with the purpose and intent of the standard to be varied

[9:01] and does generally observe the spirit of the zoning regulations, the proposed

[9:08] This variance encroaches 27 feet on the standard RA1 front set pack and 57 feet on the building envelope, considering that the greatest encroachment is towards the neighbor to the south and that the neighbor has not expressed that this accessory building garage will cause any hardship.

[9:27] The variance does comply with the purpose and intent of the standard that is requested to be.

[9:36] The proposed variants will not substantially impair appropriate use or development of any adjacent property.

[9:43] The adjacent lots are primarily developed already, and this variants will not impair the ability of any adjacent property to develop

[9:51] or any adverse effects to any lots.

[9:55] IOTE, Hills Covenants, also describe an architectural review committee.

[10:00] Which may by two thirds vote allow reasonable exceptions and modifications, if the county approves.

[10:08] And finally, e, the proposed variance, is the minimum variance that will afford relief with the least modification possible.

[10:19] For this location and garage size, the proposal is a minimum relief to be able to appropriately construct the garage with minimal additional grading and dirt work, and we'll also use the existing driveway, so those were the main reasons why the homeowner apply.

[10:43] So based on the review of approval criteria for the press or variance staff recommend that it is generally

[10:52] in compliance with our regulations.

[10:56] The applicant has, there's a few recommended conditions here for the applicant.

[11:02] The first is that the applicant will be required to remove the public hearing sign within seven days of a decision by the Board of Adjustment.

[11:10] The second is that the variance shall not become effective until all fees are paid and the variance resolution is recorded.

[11:18] And three, recordation of all appropriate documentation to occur within 180 days of the Board of Adjustment Approval.

[11:28] So that wraps this presentation up for the presser variance.

[11:31] Again, BA 2025-001, there's some building elevations included for the garage and the site plan here.

[11:47] Now, the applicant can add anything they would like and if you have any questions, feel free to ask.

[11:56] You all right, thank you, is the applicant here today?

[12:03] Is there any public input or comment?

[12:11] Seeing none, you'll see a question and discussion.

[12:17] Just a discussion.

[12:20] I'm excited to see that the neighborhood HWA and the Architect Review Committee for the community.

[12:27] We'll still be reviewing it as long as they don't have a problem with it.

[12:31] I'm glad to see that, and also did I see that correctly that the adjacent neighbor didn't have a problem with the data.

[12:52] If you could go to the microphone, please.

[12:55] And I'd like to also state that we went ahead with Shane and the other surrounding guys that we are for that around me.

[13:05] They all proved it to, but there couldn't be here right now.

[13:09] And none of them were going to send back in the other documents to not allow me to do it.

[13:15] Thank you. And you agreed to the conditions of approval.

[13:20] Yes, I do.

[13:27] Yes, just to verify the building envelope that you're asking for the variance on is toward the road.

[13:34] Yes.

[13:35] Your neighbor to the south has actually across the road.

[13:38] Yes.

[13:39] To the south.

[13:39] It's the minimal impact.

[13:42] It's a small envelope.

[13:44] We're trying to get just a little 30 by 50.

[13:47] Thanks.

[13:51] Thank you. You think I'll sort of push a book? Anything else?

[13:57] All right, there's a motion on the table.

[14:01] Yeah, I'll make a motion that we approve the press of variance of VA 205.

[14:06] Yeah, it's 001.

[14:08] Second.

[14:09] Off a ride?

[14:11] All right.

[14:11] No, I motion carries.

[14:14] Thank you.

[14:16] That motion is with the conditions proposed by staff?

[14:19] Yes.

[14:22] Thank you.

[14:23] Appreciate you catching that.

[14:26] All right.

[14:27] Is there a motion to close this board of adjustments me?

[14:34] Just try and move the closes board of the adjustments.

[14:37] Sir.

[14:39] There's motion to second all of a favour aye.

[14:41] Aye. Aye. Aye.

[14:42] Motion carries. Thank you.

Land Use

Agenda

Transcript