HomeMy WebLinkAbout20000472.tiff RESOLUTION OF THE WELD COUNTY BOARD OF ADJUSTMENT
Moved by Arthur Partridge 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-1005
PLANNER: Kim Ogle
APPLICANT: Danny Perdew, Faith Tabernacle Church
REQUEST: Variance of Building Height in R-1 Zone District.
LEGAL DESCRIPTION: Lots 2, 3, 4, 5, 6 & 7, Block 1, Peterson-Alexander Subdivision, beir}g;part
of Section 16, Township 5 North, Range 66 West of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to US Hwy 34 Bypass frontage road (28th St) and
east of and adjacent to 71st Ave (WCR 29).
be recommended favorably to the Board of County Commissioners for the following reasons:
The criteria for review of this proposal is listed in Section 62.3.1 of the Weld County Zoning Ordinance. The
Board of Adjustment recommends that this request be approved for the following reasons:
1. Section 62.3.3.1.1 -- 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. This variance is for a Church in
the R-1 zone district, that is permitted under a Use by Special Review. Churches have
historically been situated within residential zones, thus there is compatibility between uses.
The building height requirement is specific to residential dwellings only.
2. Section 62.3.3.1.2 -- Literal interpretation of the provisions of this Ordinance would deprive
the appellant of rights commonly enjoyed by other properties in the same zoning district under
the terms of this Ordinance. Literal interpretation of the building height requirements of the
R-1 (Residential)zone district is typically for single family residences. The church is permitted
in the R-1 zone district through a Use by Special Review and is not a residence, thus there
are no height requirements. It is Planning Staffs opinion that the small impact from the
building height will not cause a negative impact on surrounding properties.
3. Section 62.3.3.1.3 --The special conditions and circumstances do not result solely from the
actions of the appellant. A church is permitted in the R-1 zone district via a Use by Special
Review. The height restrictions for structures address residences only. Had Staff known the
building height of the church at the time of the USR application, then staff could have
addressed this issue as a Condition of Approval.
4, Section 62.3.3.1.4--The reasons set forth in the application and testimony justify the granting
of the variance, and that the variance is the minimum variance that will make possible the
reasonable USE of the LOT, BUILDING, or STRUCTURE. The allowance of the four foot
building height adjustment will allow the church to be constructed.
5. Section 62.3.3.1.5--The granting of the variance will be in harmony with the purpose and
intent of this Ordinance, 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
& ad- 09-649- 6:21a3/62Oa7) 2000-0472
-PL 13a5
RESOLUTION, BOA-992
Danny Perdew, Faith Tabernacle Church
Page 2
by adjustment in building height by the church located on this parcel will not be damaging
to the public health, safety or welfare of the surrounding land uses.
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 Church shall meet all setback and offset requirements required per this zone designation.
3. The applicant shall meet all conditions of approval attached to Use by Special Review(USR)
number 1217.
Motion seconded by Anita Owens.
VOTE:
For Passage Against Passage
John Windsor
Arthur Partridge
Norman Nash
Don Beierbach
Anita Owens
Gary Stewart
Jack Davis
Joseph Bodine
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, 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 February 10, 2000.
Dated the 10th of February, 2000.
�� C�� l
l
Trisha Swanson
Secretary
Hello