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HomeMy WebLinkAbout950942.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING Thursday, April 13, 1995 eiLiz 0-4 A regular meeting of the Weld County Board of Adjustment was held on Thursday, April 13, 1995, in the Commissioners Hearing Room (#101), 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Acting Chairman, John Windsor. Tape 79 Robert Akin John Windsor Jerrold Brethauer Timothy Losh Anita Owens Arthur Partridge Gary Stewart MaryAnn DePinto Anne White Associate Members: Sylvia McWilliams Gregory Krush Jack Davis Also present: Todd Hodges, Current Planner, Department of Planning Services; Lee Morrison, County Attorney; Wendi Swanson, Secretary. Present Present Present Absent Absent Present Present Present Absent Absent Present Present O CASE NUMBER: BOA -983 APPLICANT: Weld County, do Don Carroll REQUEST: An 18 foot variance from the minimum 20 foot setback from the property line for a concrete dike to be installed around existing above ground fuel tanks in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 8-12, Block 35, Leroy's Addition to Keota, Weld County, Colorado. LOCATION: South of and adjacent to Roanoke Avenue; east of and adjacent to Geneseo Street. Election of Chairman and Vice -Chairman were the first order of business. John Windsor was nominated and elected at the new Chairman. Arthur Partridge was nominated and elected and the new Vice -Chairman. Todd Hodges, Department of Planning Services, spoke for the applicant. Mr. Hodges explained that the application was for a 18 foot variance from the 20 foot required from the property line. Mr. Hodges stated that there were existing fuel tanks and that the application was for the construction of a new dike which will meet OSHA standards. Staff recommends approval with the condition of approval added. Questions from the board regarding the size, what currently exists around the tanks, and the surrounding street and roads. Dave Becker, representing Public Works, also answered questions from the board regarding plumbing. Mr. Becker also stated that only one 1,000 gallon tank would be used in place of the existing two tanks to eliminate any leaks. Mr. Becker also stated that the construction would be built to hold any overflow or breaks that may occur. Gregory Krush moved Case Number BOA -983, be approved with the addition of a Condition of Approval that a Building Perrnit shall be applied for and obtained prior to any construction of the concrete dike. Jack Davis seconded the motion. The Chairman asked the secretary to poll the members of the Board of Adjustment for their decision. Robert Akin, yes; John Windsor, yes; Jerrold Brethauer, no; Arthur Partridge, yes; Gary Stewart, yes; Jack Davis, yes; Gregory Krush, yes; MaryAnn DePinto, yes. Motion carried. Res�peectfully, submitted, Wed Wendi Swanson Secretary 950942 RESOLUTION OF THE WELD COUNTY BOARD OF ADJUSTMENT Moved by Gregory Krush 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 -983 APPLICANT: Weld County, c/o Don Carroll REQUEST: An 18' variance from the minimum setback requirement of 20 feet from the property line for existing above ground fuel tanks and the construction of a concrete dike around the tanks in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 8-12, Block 35, Leroy's Addition to Keota, Weld County, Colorado. LOCATION: South of and adjacent to Roanoke Avenue; east of and adjacent to Geneseo Street. Based upon the submitted application materials and other relevant information regarding this request, the Board of Adjustment recommends approval of this request. This determination was based on the following: The submitted materials are in compliance with the application requirement of Section 62.3 of the Weld County Zoning Ordinance. The reasons set forth in the application materials justify the granting of the variance and the variance requested is the minimum variance possible for making reasonable use of the property. The granting of this variance will be in harmony with the purpose and intent of the Weld County Zoning Ordinance, and will not be injurious to the public health, safety or welfare of the surrounding land uses. Special conditions and circumstances exist which are peculiar to the lot and existing tanks involved and which are not applicable to other lots, or structures in the same zoning district. Motion seconded by Jack Davis VOTE: For Passage Against Passage Robert Akin John Windsor Arthur Partridge Gary Stewart Jack Davis Gregory Krush MaryAnn DePinto Jerrold Brethauer The Chairman 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, Wendi 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 April 13, 1995. Dated the 13th of April, 1995. Wendi Swanson Secretary 950942 CONDITIONS OF APPROVAL Weld County, do Don Carroll BOA -983 Building permits shall be applied for and obtained prior to any construction of the concrete dike. 950942 Hello