Title
To receive public comment and consider a Variance to request additional building height exceeding the maximum height of fifty (50) feet in the General Business 1 (GB1) zoning district as stated in Subchapter 4 Table 4.3.4 of the Unified Development Code on property zoned General Business (GB1) district. (BOA2026-00092)
Summary
The subject property is located north of the northwest corner of Heatherwilde Blvd. and Yellow Sage St. The approximate 4.725 acre lot is zoned General Business 1 (GB1) with an existing church to the south, zoned GB1, existing multifamily to the west, zoned Multifamily-10 (MF10), and Agriculture with an existing city trail system along Gilleland Creek Trail to the north.
The applicant is requesting a variance to Subchapter 4.3.4 of the Unified Development Code which states a maximum height of 50-feet in the district. As proposed, the architectural elevations show a 72-foot tall minaret - 68.50-feet to the top of the dome and an additional 3.5-feet for a metal ornament attached to the dome. The applicant has stated the height requirement imposes an unnecessary hardship on the project’s cultural and symbolic value. In addition, the applicant has stated the placement along Heatherwilde Blvd. frontage ensures the minaret services its intended purpose of visibility without negatively impacting the public interest.
Per section 3.15.3 of the Unified Development Code, the Board of Adjustments must find all of the criteria has been satisfied. Staff has provided responses to each requirement, written in italics.
A. Extraordinary Conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Uni?ed Development Code will deprive the applicant of the reasonable use of their land. For example, a Variance might be justi?ed because of topographic or other special conditions unique to the property itself and development involved, while it would not be justi?ed...
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