Board of Adjustment denies variance for barn that encroached into setback

The Gilpin County Board of Adjustment voted to deny a variance request on Oct. 28 for a barn at 940 Missouri Flats Road that encroaches 4 feet 9 inches into a required 15-foot side setback.

Community development staff presented the case (BOA25-3) and recommended denial after evaluating the statutory variance criteria (Gilpin County zoning and CRS 30-28-1118). Staff reported no evidence of exceptional narrowness, slope, or other extraordinary conditions that would support a variance and noted that available remedies included removing, relocating or modifying the structure.

Applicants Timothy and Julie Marble White told the board a 2007 survey and large boulders encountered during construction caused the barn’s final placement and orientation to differ from the originally submitted site plan; they said they moved a fence after learning of the issue. Neighbor Bob Young testified he had raised concerns about a fence and later provided a survey indicating an encroachment; Tina Gustafson, another adjacent resident, said the encroachment was minimal and she supported the applicants.

Staff and the board cited multiple surveys in the record; the board heard that some early survey copies omitted the road centerline and that revised surveys were produced later in 2024–2025. The county attorney reminded the board it must find competent, substantial evidence that the variance criteria were met. After deliberation, a motion to deny the variance passed 3-0.

The denial means applicants must pursue one of the available remedies under county procedure—remove, relocate or modify the barn to comply with setback requirements or bring additional evidence on appeal to a court or other authorized body.