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Board of Adjustment approves setback variance for 146 Dynamite Drive in Black Hawk
Summary
The Gilpin County Board of Adjustment approved a variance reducing required side-yard setbacks from 30 feet to 15 feet on both east and west property lines for 146 Dynamite Drive so owners can bring an unpermitted addition up to code and build a future garage; the variance includes a two-year permitting allowance.
The Gilpin County Board of Adjustment approved a setback variance for a property at 146 Dynamite Drive in the Black Hawk area, allowing the owners to reduce required side-yard setbacks from 30 feet to 15 feet on both the east and west property lines.
The variance was sought after a notice of violation recorded Aug. 8, 2023 flagged an unpermitted addition. Planning staff told the board that current owners Britney and Tyler Bridal purchased the property in June 2024 and agreed to bring the unpermitted structure into compliance. County planning staff said the lot is exceptionally narrow and that without the variance the owners could not rebuild the addition to meet building codes or construct a future garage.
Planning presentation and public comment
Rob Gutierrez, who presented the staff report, and Rachel Vigil described the site, prior notice of violation, outreach to neighbors and the proposed dimensional adjustments. Staff reported that public notices were published and neighboring property owners were contacted; no written objections were received. Two members of the public spoke in support: Theresa Bliss (223 South Beaver Creek Road) and Kathleen Balfour (392 Tchaikovsky Road) each said they supported the applicants and urged approval while noting the owners’ intent to bring the property into compliance.
Board discussion and conditions
Commissioners on the board asked about the time limit tied to permits for future construction. Planning staff noted that Gilpin County code sets a one-year permit validity unless the board specifies otherwise in the minutes. The board elected to allow additional time, amending the outcome to permit the applicants two years to begin the garage permitting process to accommodate the owners’ timeline. The board noted that the variance will allow the addition to be rebuilt in compliance with building-code requirements and that it resolves a long-standing code enforcement issue stemming from an earlier unpermitted addition.
Vote and outcome
The Board of Adjustment approved the variance (BOA 25-1) with a 3-0 vote. The decision includes the board’s written finding allowing a two-year period for the permit activity the board discussed.
Ending
Planning staff will finalize the written decision and conditions for the applicants to begin permitting and construction; the county’s staff report and the board’s resolution are part of the public record.
