HomeMy WebLinkAbout20020899.tiff RESOLUTION OF THE WELD COUNTY BOARD OF ADJUSTMENT
Moved by John Donley that the following resolution be introduced for passage by the Weld County Board
of Adjustment. Be it therefore resolved by the Weld County Board of Adjustment that the following be
adopted:
I
CASE NUMBER: BOA-1013
PLANNER: Sherri Vogt -"'
APPLICANT: Fay& Mary Shultz -a
REQUEST: Variance of Sign Requirements in the A ( Agricultural)Zone District from
16 square feet to 50.25 square feet (includes upright).
LEGAL DESCRIPTION: Lot A of RE-2822; being part of the W2 of Section 21, T5N, R67W of the
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to WCR 54;approximately 1/4 mile east of WCR 17;
approximately 1 mile south of Greeley.
The criteria for review of this proposal is listed in Section 23-6-40 C of the Weld County Code. The Board
of Adjustment recommends that this request be approved for the following reasons:
1. Section 23-6-40 Cl.--Special conditions and circumstances exist which are peculiar to the
lot, structure, or building involved and which are not applicable to other lots, structures, or
buildings in the same zoning district. When the Use by Special Review was granted, it
changed the substance of the utilization of the land. It is no longer a piece of agriculture.
It now is a business and should be accorded the amenities of a business.
2. Section 23-6-40 C2.--Literal interpretation of the provisions of this Chapter would deprive
the appellant of rights commonly enjoyed by other properties in the same zoning district
under the terms of this Chapter. It would be difficult for the traveling public at average
highway speed to locate the building.
3. Section 23-6-40 C3. -- The special conditions and circumstances do not result solely from
the actions of the appellant. The proximity to the highway makes it difficult(due to speed)
for the general public to see the sign.
4. Section 23-6-40.C.4 - The reasons set forth in the application and testimony justify the
granting of the variance, and the variance is the minimum variance that will make possible
the reasonable use of the lot, building or structure. Given the speed on the highway, the
fact that the sign is at least 60 feet back from the highway and there are no obstructions
east or west as one approaches the entrance to the business.
Based upon the submitted application materials and other relevant information regarding this request, the
Board of Adjustment's recommendation for approval is conditional upon the following:
1. A Weld County Building Permit is required for any proposed structure.
2. The sign shall meet all setback and offset requirements as required in the A(Agricultural)
Zone District and outlined in the Department of Public Works referral response received
2/26/02. Weld County Road 54 has 80 feet of right of way. A total of 40 feet from the
centerline of Weld County Road 54 shall be delineated on the plat and utilized when
qc� calculating the setback requirements.
7161 ' 2002-0899 PL 1 L4(4
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3. The applicant shall meet all of the Conditions of Approval associated with the Use by
Special Review(USR-1296).
Motion seconded by Eric Whitwood.
RESOLUTION, BOA-1013
Fay Shultz
Page 2
VOTE: For Passage Against Passage
Eric Whitwood Anita Owens
Larry Wilson
Don Beierbach
Tony Evans
Syl Manlove
John Donley
Gary Stewart
Mary O'Neal
The Chair declared the resolution passed and ordered that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Board of Adjustment, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Board of Adjustment of Weld County,
Colorado, adopted on March 14, 2002.
Dated the 14th of March, 2002.
Donita May
Secretary
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