Development Review Team Comments
TO WHOM IT MAY CONCERN:
Columbine Ranches is a subdivision of 2 to 3 acres. I see no problem with the
structure (garage) at the Lagos property. The lots are so large the the set back does not cause a problem from driving on the main ROW in regards to Nucla St. and/or Lewistown St. Both of these streets border the Lagos property and by no means does the location of the garage cause a concern.
The new home that Mr. Lagos is building is a compliment to the entire subdivision. Please grant Mr. Lagos the opportunity to continue building both his residence and detached garage so there is closure to this issue.
Thank you,
Abe Carson
Phone 720-206-6102
From: CTBA
To: Anna Gibson
Subject: 0172305402026 Axel Lagos
Date: Thursday, August 02, 2018 9:46:21 AM
We have no problem with the garage being left where it is currently built. Case name: Lagos variance
Case number: VSP3018-00026 Sincerely,
LarriLou Kallsen property owner at 11448 Nucla Street Commerce City 80023 Sent from my iPhone
To: Anna Gibson
Subject: Case Number VSP2018-00026 Date: Thursday, August 02, 2018 8:53:01 AM
We are writing a response to this case number for the Lagos Variance in Columbine Ranches in unincorporated Adams County. We are sending this anonymously because we do not want our names associated with this in case this property owner should see this. At the end of the day, we will have to live next to, nearby or within the same community as this neighbor. This comment email is being submitted on behalf of at least 6 property owners that discussed this and agreed to these comments. It has been shared with a total of 10 residents and none were opposed to this content.
This property owner has not been compliant with any requirements of this community and covenants since they purchased the property. Let me give some facts:
1. The property was purchased by this owner in late 2015. We live in the neighborhood on one of the two streets leading to this property. Our community has limited access only from 112th Avenue with no outlet
within the community. All traffic in or out comes either in front of our residence or the adjacent roadway.
2. Since the purchase of this property, this owner started parking very large heavy construction equipment on the property. Many of us in the community thought they were beginning their process of starting
construction of a home so nothing was said initially. The equipment would leave for a while (a few days) and then be back again. After this continued for long periods with no construction starting, we addressed
this with the HOA. The property owner continued to tell the HOA they were in the process of starting construction but nothing happened. The heavy equipment in and out was disruptive and noisy and an
eyesore. It also was a clear violation of our covenants. The HOA, as we understand it, was trying to give the property owners the benefit of a doubt that they were working on
development but still nothing
happened. The heavy equipment on the property destroyed the native grasses on the property and the property was completely not maintained for mowing and weed removal. These are clear in our covenants
that maintenance is required.
3. In early 2016, the property owner started hauling large loads of fill material onto the property. There were weeks of continued hauling of very large loads of fill with very large trucks that were not common in this
type of community. Some of these were the long side dumping semi type trucks. At times, there were endless cycles of hauling of a truck in and the empty truck moving out. Again, it is my understanding
through the HOA, that the property owner was making improvements to the property in support of building a house. This was completely non traditional for developing a site like this but many were told here that
the owner wanted to fill the property to an elevation level with the highest elevation on the site which was on the west side near the Lewistown Street frontage. Because we were told this, the residents in this
counted that there were at least 140 large loads dumped onto the property. You could count the mounds from each
individual haul. Clearly to us, the property owners told the HOA this was their intent to raise the elevation to appease the community concerns.
4. The hauling in and out of material with large trucks interrupted traffic into or out of the community at times and dirt was dropped onto the roadway. Additionally, kids and pedestrians could not walk through the
area because of the trucks as they were large and loud and many times unsafe for passage. It was a huge disruption to an otherwise quiet community. We have lived here over 23 years and had never seen
anything like this. After the hauling stopped and the property was full of dirt, nothing happened to that fill material for months. When we were able to walk our dogs again and kids could ride through the streets,
it was clear that significant damage occurred to the streets in this community due to this activity by this property owner. They were never held accountable to the damage they caused. These residential streets
could not accommodate the loads of those trucks and it is evident on the streets in and out to this property.
5. Activity then started with some loads of fill being reloaded onto trucks and removed from the property and then some brought back. It was very confusing what was going on here as fill dirt went in and out for a
time. It was so disruptive and so confusing what they were doing that even our HOA was unaware. This entire time, the property looked like a staging area for a major construction project as heavy equipment
was brought in and taken out on almost a daily basis. This went on for at least a year during 2016. Our lives in this community were totally disrupted for a long time by one property owner.
6. We learned later in 2017 that someone complained to the county about the unusual activity on this property and the owner was slapped with a violation for the haul without a permit. Clearly this property owner
knew that they were doing something illegal with the county and with our HOA, but chose to do this with total disregard to their future neighbors and required permitting with the county.
7. For over a year, this property sat with large un-kept piles of fill dirt. Weeds were growing and the property continued to have heavy construction equipment in and out on a daily basis. In 2017, construction
started on the southeast corner. The fill dirt had been removed completely and we all assumed that the property owners were finally moving forward with the construction of their house. A foundation went in
and it was in an unusual location very close to the fence line on the east and close to the road on Nucla Street. As the structure went up, it kept getting higher and higher and was completely out of proportion
with anything else in our community. We had never seen something this high and it was clear it was not a house but an oversized garage. The height and length are so massive that it looks like a large
commercial bus could be parking inside. I know adjacent neighbors were immediately contacting the HOA on the size as it was clearly not in proportion to the community. Unfortunately our covenants did not
specify a height requirement. We all assumed it was part of the overall permitting for the garage and house so no one said anything as it seemed it was too late to question what was
community found out that this property owner once again is in violation of requirements of an actual permit to build this
building. This was our first knowledge of a violation of setback requirements. Several of us in this community built our houses and later built outbuildings. We followed proper county requirements and followed
them to meet setback, height and location requirements. An adjacent property owner to the north had to move their house offset on the property because county records showed a setback to a drainage
easement on the property. We know they followed all requirements and added costs to get the plans and engineering revised to move the house once this was found out. Another property owner was told by
the county that the location of their outbuilding was too close to a septic system on an adjacent property and therefore had to be moved further into the property to allow for this, even though they were meeting
correct setback requirements. This also resulted in additional costs and time for this property owner. We know for a fact that the owner north wants to build an outbuilding along the setback on that property
which would be next to the leach field on this property. They may not (potentially) be allowed that option with the leach field being so close to the property line.
9. Many of us in this community have built our own homes and made improvements to them. We have built garages, made additions and had to deal with the county requirements and permitting to do this. It is not
difficult to find the setback requirements for this area on county maps and /or with a phone call or visit to the county. This property owner has also told our HOA that he is a long time experienced custom home
builder so the excuse shown in the comments for hardship puts blame on his engineer for not knowing this and for the lack of any kind of permit. An experienced, long time custom home builder should know
better and know that a residential community is not the place to haul heavy equipment for storage of fill material without permitting.
Finally, with all of that said, we feel that this homeowner should be held accountable for all the mistakes they have made and make them put this garage in proper setback requirements as it is public knowledge and in our option, an excuse. It is our belief that this property owner avoided a permit for the hauling because they knew it was a clear violation. They avoided a permit for the garage because they wanted the garage in that location they built it with the intent that they would ultimately go through this process and claim hardship. An experienced home builder knows permits are required before breaking ground and building anything. this garage was built from ground up to the excessive height completely without a permit. Where were the inspections on each step of the process?
We know that the county has ultimate authority on this issue but we believe that this property owner will continue to violate our covenants and county process if not held accountable for these violations. We continue to see large heavy construction equipment brought onto and stored on this site even thought is not being used for the purposes of building this custom home. These properties are not for operating a business on. We believe this property owner
purposely built this garage at this location because they have intent to use it for their equipment and also have a desire to store other equipment and /or building materials in
support of a business on the property - thus more usable land on and behind the garage for this use. We ask that you do the right thing and hold them accountable on all levels.
Hi, Anna. I would like to cancel, withdraw, and rescind my earlier email … see below.
After speaking with my neighbors, I do not believe the “open spaces” argument is valid and
the structure location blocks our neighbor’s view of the mountains their residence and its occupants have enjoyed for decades.
Lastly, I agree that the builder should have a claim against the architect and/or engineering firm that made the error.
So, please note this change in opinion. Sorry for the inconvenience, Anna! Thanks much!