Board of Adjustments approves rear-yard setback variance for 16764 E. 105th Ave

The Commerce City Board of Adjustments voted 5-0 to approve a request to reduce the rear-yard setback at 16764 East 105th Avenue, case AV25-0002, lowering the required setback from 20 feet to 11 feet.

Planning staff recommended approval, noting the application met the variance criteria in the Commerce City Land Development Code (cited in the staff report as section 21-3222, subsection 3). Senior Assistant City Attorney Elliot Schafer and staff clarified that a building permit is on file and awaiting the board’s variance decision; Commerce City building division and the South Adams County Fire Department had already approved the plans subject to the variance.

Troy and Kim Clark, the property owners and applicants, told the board they hired a licensed contractor and believed required permits had been pulled. Troy and Kim Clark said they used a preexisting concrete patio and built a covered patio cover they said improves the property and neighborhood. The applicants told the board the structure would cost an estimated $12,000 to $15,000 to rebuild and that demolition would cost about $6,500 if required. They said they intend to remain in the home and have the support of immediate neighbors.

Several neighbors spoke in support. Barry Jensen, an adjacent property owner, addressed the board in favor of the variance and told members the application satisfied the variance criteria in the Land Development Code. Neighbors Tate McGowan, Madison Marvel and Pam Pignoko also said they had no objections and described regular, ongoing use of the covered patio without negative impact on the neighborhood.

During deliberations, board members discussed whether an irregular lot shape and the neighborhood’s planned-unit-development rules created a practical difficulty justifying a variance. One board member said an irregular lot alone does not automatically justify relief; another member said the structure had existed for some time and would not change the district character. After discussion, Board member Douglas moved to find that the application met the Land Development Code criteria and to approve the variance; the motion was seconded and approved in an electronic vote recorded as five yeses. The board also requested that applicants obtain final building permits consistent with the approvals already on file.

The board’s action approves the variance only; the transcript and staff comments show the approved building permit was waiting for the variance decision before final issuance. No effective date beyond the vote was specified in the hearing record.

Votes at a glance AV25-0002 — Variance to reduce rear-yard setback from 20 feet to 11 feet at 16764 E. 105th Ave: Motion to approve adopted (electronic vote recorded as 5 yeses). Building permit on file awaiting variance decision; building and fire approvals previously provided.