7887 E. 60th Ave.

Commerce City, CO 80022

c3gov.com

Commerce City

Meeting Minutes - Final

Zoning Board of Adjustment

Tuesday, August 12, 2025

5:30 PM

Council Chambers,

7887 E. 60th Ave Commerce City, CO 80022.

The public can participate virtually by registering in advance

with the Zoom Registration:

https://c3gov.zoom.us/webinar/register/WN_uOd0cuxiQ0O8RG

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Meetings occur in person in the City Council Chambers (location above). The public can

watch the meeting live on the city’s public access TV or Xfinity cable channels 8 and 881

or on our YouTube channel. The Zoom link above allows virtual participation.

Call to Order

The meeting was called to order at 5:30 PM.

Roll Call

4 -

Present

Board Member Gene Leffel, Board Member Joanne Hernandez, Board

Member Joe Frey-Waite, and Board Member Shawn Poe

Pledge of Allegience

Approval of Minutes:

Min 25-167

June 10, 2025 Meeting Minutes

Attachments:

Meeting Minutes June 10, 2025

June 10, 2025 meeting minutes are approved. Motion by Board Member Frey

Waite second by Board Member Douglas.

5 -

Ayes:

Board Member Leffel, Board Member Hernandez, Board Member

Frey-Waite, Douglas and Board Member Poe

Case(s):

AV25-0002

AV25-0002: Kim Clark is requesting a variance to reduce the Rear Yard

setback standard from 20-feet to 11-feet for an existing patio cover. The

0.18 acre property is zoned Planned Unit Development.

Attachments:

Planner Nathan Chavez presented on behalf of staff

Board Members asked questions about the interaction of the Land Development Code

and the PUD Zone Document and their setback requirements, written public comment

received, notification to surrounding properties, the patio at the time of purchase, and

other possible violations in the area.

Additionally, Code Enforcement Supervisor Ernesto Galvan-Marquez spoke to the

Board of Adjustment on Code Enforcement process, how this violation was found, and

future enforcement efforts in this area.

Applicant Troy and Kim Clark addressed the Board of Adjustment to provide some

history on the structure.

There were 4 written comments, 1 phone call and 4 public commenter's (Barret

Jensen, Tait McGowan, Major Madison Marvel, Payne Pignocco) on this case.

Board Member Douglas made a motion "I move that the Board of Adjustment

enter a finding that the requested variance, for the property located at 16764 E

105th Avenue contained in case AV25-0002, meets the criteria of the Land

Development Code and based upon such finding, approve the variance,"

seconded by Board Member Leffel.

5 -

Ayes:

Board Member Leffel, Board Member Hernandez, Board Member

Frey-Waite, Douglas and Board Member Poe

Action Items:

Board Business:

Board Member Douglas thanked the applicant for AV25-0002 for the diligence in going

this process and the Board condolences for the loss that prevented their attendance at

the June 10th meeting.

Attorney Business:

Pres 25-442 ZBOA Rules of Procedures Revisions

Attachments:

ZBOA Rules of Procedures 2025 Update

Senior Assistance City Attorney Eliot Shafer addressed staff's recommended changes

to the Rules of the Procedure.

The Board discussed the suggested changes and made a few other changes. These

suggested changes include changing the start to 6:00pm, additional structure

integrated into the meetings, and additional training opportunities, and a time limit on

meetings.

Assistant City Clerk Kim Adame spoke about the expected training opportunities that