Zoning board hears appeal to keep three Point East 2 buildings despite setback violations

The Weld Zoning Board of Appeals took testimony on a mislocated building appeal filed by the Point East 2 Condominium Association, asking the board to allow three buildings that were built within required setback areas to remain in their current locations.

Attorney Ryan Lozanick of Jensen Baird, representing the association, told the board the buildings were constructed in the mid-1980s and have not been expanded since. He said the association updated its site plan after the town asked for documentation of changes made over the past 40 years and that the Planning Board conditionally approved the revised plan in November 2024, subject to Zoning Board approval of the three buildings. "Keeping the buildings where they are won't violate the public interest," Lozanick said, adding he had seen no evidence of willful action or gross negligence in the original construction.

The board chair read the standards that govern a mislocated building appeal, saying the board must find the buildings violate the setback requirements, the location is not contrary to the public interest and there is no evidence of willful or premeditated action or gross negligence. The association does not contest that the three buildings violate setback requirements; the appeal asks the board to find the other two criteria are satisfied.

Details from the application and discussion: the association's submission identified the property as Point East Condominium Association, Point East 2, 1801 Post Road (assessor map 139, lot 33B). The representative said the property includes three dwelling units and 102 motel units. The Planning Board approved an amended site plan on Nov. 4, 2024, conditioned on approval of the mislocated building appeal. The issues raised during the hearing included differences between the original survey and a current survey, the absence of foundation pins on the original survey, and changes in setback requirements since the 1980s.

Board members and staff discussed specific setback requirements: a 40-foot setback from the state highway was noted, and a separate 25-foot setback from cemeteries was discussed as a requirement that postdates the original 1980s approvals. One board member noted that a 15-foot multifamily setback applied in the 1980s and that later standards increased that buffer; survey discrepancies meant the current measured locations differ from the original survey used at construction.

After questions from the board and comments from code office staff, the board closed the public hearing by motion and second. The board did not issue final findings or a final decision that night; a board member volunteered to prepare draft findings for review and vote at the board's next scheduled meeting, identified in the hearing as March 10. The board said it would likely take a straw poll that evening to indicate direction but that a formal vote would await the written findings and a future meeting.

Votes at a glance: - Nomination of Will Garsby for chair: nomination made and seconded; chair announced the result by voice and congratulated the nominee; tally not specified. - Nomination of Mr. Ardini for vice chair: nomination made and seconded; chair announced the result by voice; tally not specified. - Motion to close the public hearing on the Point East 2 mislocated building appeal: moved and seconded; the chair stated the hearing was closed; tally not specified.

Next steps: the board will accept a draft of findings of fact prepared by the volunteer board member (Mary) and anticipate a formal vote on the mislocated building appeal at the board's next meeting. No final action on the appeal was taken at this session.