HomeMy WebLinkAbout20032491.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:
CASE NUMBER: BOA-1022
PLANNER: Michelle Katyryniuk
APPLICANT: Jorge Morales
LEGAL DESCRIPTION: Part Lot 1 of the Union Colony Subdivision;SW4 SE4 of Section 10,T5N,
R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: Variance to allow a well and septic system in the R-1 (Residential)Zone
District
LOCATION: North of and adjacent to 18`"Street and east of Elder Avenue
be recommended favorably for the following reasons:
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.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 current public water supply in that area was instated in the 1960's by the Consolidated Delta Pipeline
Company, because of unforseen circumstances they went out of business. The City of Greeley made the
commitment to the residents of this area to maintain adequate levels of service however the diameter of the
water lines in that area do not have the capacity to serve new customers.
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 proposed home would have little to no impacts 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 August 8,2003 that the water and sewer department has indicated that they would not oppose
the requested variance. The 4"&2"diameter service lines east of 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 septic system and well on the property would allow the applicant to build a single family
residence.This use is a reasonable request considering the lot was established in 1957 and has never had any
improvements.
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. Building permits shall be obtained prior to the construction of any building.
2. A plan review is required for each building. Two complete sets of plans are required when applying for each
permit.
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3. 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.
4. 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.
5. 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.
6. 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.
7. The applicant shall attempt to address the requirements(concerns)of the Union Colony Fire Protection District,
as stated in the referral response dated July 23, 2003. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
8. The washer and dryer on the property will need to be removed.
9. Prior to the issuance of a building permit, the applicant shall validate that the building envelope is free of
easement obstructions or pipeline locations.
Motion 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 14'"day of August,2003.
DOLatei kAiNin
Donita
Secretary
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