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HomeMy WebLinkAbout20022268.tiff MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING Thursday, August 8, 2002 A regular meeting of the Weld County Board of Adjustment was held on Thursday,August 8, 2002, in Room 210 of the Planning/Public Health Building, 1555 N. 17th Avenue,Greeley,Colorado. The meeting was called to order by Chair Gary Stewart. Roll Call: Eric Whitwood Larry Wilson Don Beierbach Tony Evans - absent Syl Manlove Anita Owens John Donley Gary Stewart Mary O'Neal -absent Michael Willits -absent Randy Peterson- absent Joseph Bodine Also present:Sheri Lockman,Planner;Lee Morrison,CountyAttorney;Donita May;Secretary;the applicants; and their representative, Bruce Johnson. The minutes of the last regular meeting of the Weld County Board of Adjustment were approved and there were no corrections. 1. CASE NUMBER: BOA-1014 APPLICANT: Monson Brothers Company PLANNER: Sheri Lockman REQUEST: Board of Adjustment for a variance from the public sewer requirements in the R-1 (Residential)Zone District. LEGAL DESCRIPTION: Part of the NE4 SE4 of Section 29, T6N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to WCR 41; 1/4 mile north of WCR 64. Sheri Lockman, Department of Planning Services, presented BOA-1014, a request from Monson Bros., Co. for a variance from the public sewer requirements in the R-1 (Residential) Zone District as set forth in Section 23-3-110 of the Weld County Code. A variance from the required public sewer to allow the creation of two four-acre parcels which will each contain one single family dwelling.This variance is a Condition of Approval for Recorded Exemption 3299. The parcel of land under consideration is described as part of the NE4 SE4 Section 29, T6N, R65W of the 6th P.M., Weld County, Colorado. (Parcel number 0803 29 000096). The parcel is located west of and adjacent to Weld County Road 41; 1/4 mile north of Weld County Road 64. The Weld County Department of Planning Services has determined that the submitted materials are in compliance with the application requirements of Section 23-6-40.A of the Weld County Code and recommends that this request be approved. Based upon the submitted application materials and other relevant information regarding this request, the Weld County Department of Planning Services' recommendation for approval is conditional upon the following: 1. A Weld County Septic Permit is required for any proposed home. The system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the (O4-5�i7� Qaeii) 2002-2268 Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. Prior to the release of building permits the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400)feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 4. The applicants must also adhere to Section 3-2-120 of the County Code which states that permits to construct,extend or replace an individual sewage disposal system shall be denied if a community sewer is within four hundred (400)feet of the applicant's dwelling, place of business or institution; and if the municipality or district agrees to provide sewer service. Eric Whitwood inquired whether there is development present at this site now? Ms. Lockman replied there is not, but the property to the south has buildings on it. Anita Owens asked about lot size. Ms. Lockman said there are two, four acre parcels, each to contain a single family dwelling, on a septic system. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Anita Owen moved that Case BOA-1014, be approved along with the Conditions of Approval as proposed, and with the requirement that the applicant not be exempt from Section 30-2-120 of the County Code. Larry Wilson seconded the motion. The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Gary Stewart, yes; Joseph Bodine,yes;Anita Owens,yes; Don Beierbach,yes; Eric Whitwood, yes; Larry Wilson, yes; Syl Manlove, yes; John Donley, yes. Motion carried unanimously. Meeting adjourned at 4:00 p.m. Respectfully submitted, Donita May Secretary Hello