Townof IGypsum TOWN OF GYPSUM Board of Adjustment June 18, 2024 50 Lundgren Blvd Gypsum, CO 81637 CALL TO ORDER PRESENT: Bill Tatro, Celeste Chianea (via Zoom), Helen Lindow, Marisa Sato, JD' Werkmeister, Michelle Caster- Viater, Carl Walker. STAFF: Becky Close, Jesse Engen, Kathryn Winn Member Walker moved to approve the Board of Adjustment minutes from the May 30, 2024 After consideration, the motion passed by the following vote: AYES: Bill Tatro, Celeste Chianea (via Zoom), Helen Lindow, Marisa Sato, JD' Werkmeister, Michelle Caster- Viater, Carl Walker. Continuance of JGJP, LLC Appeal Hearing, Pursuant to Town Council Resolutions Nos. 07 meeting. NAYS: None. ABSTAINERS: None. ABSENT: None. (Series 2024) and 13 (Series 2024) JGJP Gypsum Proposed Findings of Fact Town of Gypsum Proposed Findings of Fact Helen Lindow moved to convene in executive session pursuant to Section 24-6-402(4)(D) C.R.S. for a conference with legal counsel for the Board of Adjustment regarding compliance with adopted policies and procedures for the hearing and hearing criteria. After consideration, the motion passed by the following vote: AYES: Bill Tatro, Celeste Chianea (via Zoom), Helen Lindow, Marisa Sato, JD' Werkmeister, Michelle Caster- Viater, Carl Walker. NAYS: None. ABSTAINERS: None. ABSENT: None. procedures for the hearing and hearing criteria. Executive Session pursuant to Section 24-6-402(4)(b), C.R.S. for a conference with legal counsel for the Board of Adjustment regarding compliance with adopted policies and JD Werkmeister moved to adjourn from executive session and convene as the Board of Adjustment. Prepared by: Becky Close After consideration, the motion passed by the following vote: AYES: Bill Tatro, Celeste Chianea (via Zoom), Helen Lindow, Marisa Sato, JDI Werkmeister, Michelle Caster- Viater, Carl Walker. NAYS: None. ABSTAINERS: None. ABSENT: None. DISCUSSION BOA Chair, Marisa Sato clarified procedure for this hearing, and opened the floor for discussion. Member Caster- Viater clarified that the building permit as submitted by, JGJP was not sufficient for approval. Member Tatro added that the application does not conform to the intent of the PUD, or it's permitted uses. Disappointment was shared about the ultimate cost to taxpayers over this appeal Member Walker made the following motion: having considered the testimony of the parties and considering the findings of fact and conclusion moved to affirm the decision of the community development director to deny the February 9, 2024 building permit application of. JGJP LLC, and to adopt the proposed findings of fact conclusion and decision as presented by the board's legal Kathryn Winn, legal counsel for the BOA further clarified that she prepared a third proposed findings of facts and conclusion order, which the BOA has reviewed and was referenced in After consideration, the motion passed by the following vote: AYES: Bill Tatro, Celeste Chianea (via Zoom), Helen Lindow, Marisa Sato, JD' Werkmeister, Michelle Caster- Viater, Carl Walker. and subsequent hearings. counsel. Member Walker's motion. NAYS: None. ABSTAINERS: None. ABSENT: None. Member Caster-Viater made a motion to adjourn. ADJOURN After consideration, the motion passed by the following vote: AYES: Bill Tatro, Celeste Chianea (via Zoom), Helen Lindow, Marisa Sato, JDI Werkmeister, Michelle Caster- Viater, Carl Walker. NAYS: None. ABSTAINERS: None. ABSENT: None. Sato Mpuns A Town Clerk, Becky Close G SEAL CNTY COLC 2 Prepared by: Becky Close