Board approves legalizations and allowance relief for Golden property, with lot-merger condition

The Jefferson County Board of Adjustment on March 3, 2025, considered a multi-part variance request for the property at 31167 Joanie Road in Golden (case 24-132887VC) and approved the legalization of existing nonconforming setbacks and several allowance requests. The board approved the legalization requests 5-0 and approved the allowance requests 4-1, with one board member dissenting. Approval of allowance requests is conditioned on merging the adjacent Lot 101 with Lot 102 and on obtaining the required building permit within one year.

Staff presentation and site context
Planning staff (Jamie Harding) presented a two-part analysis: legalization requests to formalize existing, preexisting setbacks and allowance requests for proposed additions, stairs and a covered porch that would also require setback relief. The parcel is roughly 0.41 acres in an Agricultural 1 zone district and is bounded by roads on three sides, producing unusual lot geometry and multiple 50-foot setback requirements. Staff found legalization requests for existing features met the variance criteria (exceptional practical difficulty under the zoning resolution) because the home existed on-site and moving it would be impractical. Staff recommended approval of some legalization and of the allowance request for the attached stairs (to move them and provide crawlspace access). Staff recommended denial of allowance requests for certain additions and the covered porch (items 2'4) because staff concluded an exceptional practical difficulty had not been established for those additions; staff advised conditions should any approvals be granted (property merger and one-year building-permit requirement).

Applicant presentation
The applicant, Jake Balmaseda, said the home was a 1963 ranch-style structure with constrained lot geometry and that the requests would improve safety, accessibility, snow protection for the front entry, and vehicle placement away from the right of way. He explained that a future property merger and a possible right-of-way vacation were being pursued with county engineering and public works, and that relocating the garage and shifting the driveway were constrained by topography and an on-site well.

Board deliberation and votes
Board members debated whether practical difficulty existed for the requested allowances and considered alternative configurations. The board separately voted on legalization and allowance items:
- Legalizations (items 1'3): motion carried 5-0. The board found exceptional practical difficulty for legalizing existing nonconforming setbacks and approved the legalizations subject to the staff conditions in the packet (including that building permits must be acquired within one year).
- Allowance requests (items 1'4): motion carried 4-1. The board approved the stair relocation allowance and the proposed additions/covered porch, but made approval conditional: Lot 101 must be merged with Lot 102 before a building permit is issued and a building permit must be obtained within one year. Board member Milovec voted "no" on the allowance motion; other board members voted "yes." The recorded roll call was Milovec (no), Porter (yes), Johnson (yes), Klein (yes), Chairman Lester (yes).

Conditions and next steps
Planning staff said the applicant must record a lot merger (combine Lot 101 and Lot 102) before applying for a building permit, and that a building permit must be applied for and issued within one year of the board's approval (on or before Sept. 3, 2026, per staff's timeframe). The applicant was advised to coordinate with public works on the right-of-way matters and with planning and zoning on permit submittals.