HomeMy WebLinkAbout20032510.tiff RESOLUTION OF THE WELD COUNTY BOARD OF ADJUSTMENT
Moved by Eric Whitwood 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:
CASE NUMBER: BOA-1021
PLANNER: Jacqueline Hatch
APPLICANT: Alvin& Barbara Herman
REQUEST: Variance from the public sewer and water requirements in the R-1
(Residential)Zone District
LEGAL DESCRIPTION: S2 NW4 Section 15,T5N, R65W of the 6111 P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to 24th Street and east of and adjacent to Cherry
Avenue
be recommended favorably for the following reasons:
The criteria for review of this proposal is listed in Section 23-6-40.A of the Weld County Code. The Board of Adjustment
recommends that this request be approved for the following reasons:
1. Section 23-6-40.C.1 -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.
The lot has two homes on it and the applicant is proposing to replace the existing modular home with a newer
modular home. The existing home already has a septic system for sewage disposal and a well. This Variance
from public sewer and water is in conjunction with a Recorded Exemption for the purpose of dividing off a
second set of existing residential improvements from the parcel.
2. Section 23-6-40.C.2—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.
Literal interpretation of the public sewer requirements of the R-1 (Residential) zone district would make
developing a residential lot virtually impossible at this time because of the lack of public sewer and water
sources in this area. It is Planning Staff's opinion that the replacement of an existing home would have no
impact and will not cause a negative impact on surrounding properties.
3. Section 23-6-40.C.3—The special conditions and circumstances do not result solely from the actions of the
appellant.
A public sewer and water source is not currently available to serve this site. The City of Greeley states in their
referral dated July 7,2003 that the water and sewer department has indicated that they would not oppose the
requested variance. The 4"&2"diameter service lines east and south fo the property are at maximum capacity
and cannot handle additional service taps.
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.
The allowance of the existing septic system and a well on the property would allow the applicant to file for a
Recorded Exemption which would permit the applicant to create two lots each with a single family residence.
This use is reasonable and comparable to most Recorded Exemption lots and the surrounding properties.
5. Section 23-6-40.C.5 —The granting of the variance will be in harmony with the purpose and intent of this
Chapter,and will not be injurious to the neighborhood or otherwise detrimental to the public health,safety or
welfare.
Staff concurs that the small impact created by the existing septic system and well will not be damaging to the
public health,safety or welfare.
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. The existing septic system is adequate for a two
bedroom mobile home. If the applicant proposes to have more than two bedrooms,the septic system must be
re-evaluated for the additional flows.
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2. Building permits shall be obtained prior to the construction of any building.
3. A plan review is required for each building. Two complete sets of plans are required when applying for each
permit.
4. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit
application. Current adopted codes include the 1997 Uniform Building Code, 1998 International Mechanical
Code, 1997 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County
Code.
5. If placed on a permanent foundation, each building will require an engineered foundation based on a site-
specific geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
6. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection
and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy
classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall
be determined by the Chapter 23 of the Weld County Code.
7. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of
determining the maximum building size and height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset
and setback requirements. Offset and setback requirements are measured to the farthest projection from the
building. Property lines shall be clearly identified and all property pins shall be staked prior to the first
inspection. Approved building and foundation plans shall be on the site and available to inspectors for each
inspection.
8. The applicant shall attempt to address the requirements(concerns)of the Union Colony Fire Protection District,
as stated in the referral response dated July 14,2003. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
Seconded by Tony Evans.
VOTE:
For Passage Against Passage
Don Beierbach
John Donley
Tony Evans
Syl Manlove
Eric Whitwood
William Hansen
Joseph Bodine
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
August 14,2003.
Dated the 14th
day of August,2003.
atia
Donit�N a May
M
Secretary
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