Lyle barn construction site approved by County Commissioners

The Board of County Commissioners (BOCC) unanimously overruled county staff and approved the construction of a 2500-square-foot hay barn at the location adjacent to the Niwot Cemetery proposed by Mary and Douglas Lyle. The decision occurred at a public hearing for the Lyles' appeal as docket SPR-22-0077 on March 21.

The Boulder County Community Planning & Permitting (CPP) Department had conditionally approved the proposal on December 9, 2022, but with a condition that the barn be constructed at a different location on the property due to the concern that the barn would be in a Critical Wildlife Habitat (CWH) area identified in the Boulder Valley Comprehensive Plan.

The property is located at 7125 Nimbus Road, and surrounds the Niwot Cemetery on three sides. The cemetery is located on the south side of the Lyle property. The location that the Lyles requested for their barn is in the northwest corner of the property.

Summer Frederick, CPP Planning Division Manager, presented the case for the county at the quasi-judicial hearing. Frederick stated that Left Hand Creek runs north of the property estimated by the county staff to be 160 feet from the property line. The creek is bordered by a designated riparian area. The cottonwood and crack willow grove bordering the creek is part of the CWH area known as the "Left Hand Creek Cottonwood Groves and Wetlands." Frederick said, "The natural resource planner's recommendation was to relocate the barn to an area southwest of the cemetery."

Following the staff presentation, Commissioner Ashley Stolzmann clarified that the staff graphic for the new location of the barn was much larger than the actual size of the barn, so that there was some flexibility in locating the barn. Commissioner Claire Levy asked staff if there had been a survey done to determine if critical wildlife could be found in the CWH area. Ron West, Natural Resource Planner for the County Parks and Open Space Department explained, "No one has done inventories in that grove..."

The Lyles' case was presented by their attorney, Bradley Curl of the PackardDierking law firm in Boulder. Curl emphasized the legal principle of a "balancing test" in which the commissioners are presented with the competing interests of protecting wildlife and protecting the Lyles' long history of agriculture on that property.

Mary Lyle provided background on the hay operation on the property and the value to their business for storing their hay in a barn. She explained that the field is flood irrigated and their proposed site is on higher ground. Lyle said, "The site we are proposing was relatively unscathed during the 2013 flood." Curl displayed photographs taken during the 2013 flood that show both possible locations for the barn. Curl argued that the county's location was much more affected by the flood. Commissioner Stolzmann pointed out that both locations are in 500-year flood zones.

During the public comment portion of the hearing, Orin Hargraves, chair of the Niwot Cemetery Association board of directors, said, "The Lyles, who have been excellent stewards of the land, ... have chosen the most suitable location for their hay barn ... and also [are] sensitive to the interests of the cemetery." Hargraves explained that the county's proposed location would ruin the view to the west from the cemetery.

David Hindman, a member of the Niwot Cemetery Association board, spoke next. Hindman is a descendent of Jerome Gould, who was one of the first settlers in the Niwot area. Gould donated the land for the cemetery. Hindman expressed that the CWH area criterion is invalid, saying, "The line drawn for the critical wildlife habitat area is arbitrary and drawn to include parts of the historically farmed hayfield."

As the commissioners deliberated it became clear that there was a consensus. Commissioner Stolzmann quickly moved to approve the Lyles' original proposed location. All of the other conditions of approval remain in place as required by county staff. The motion was unanimously approved.