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Board waives 15-foot buffer for House of Prayer at 602 Blackburn after neighbors’ positions discussed
Summary
After public comment and staff analysis, the planning board unanimously approved a special exemption to waive the 15-foot buffer for House of Prayer at 602 Blackburn Street, citing neighbor support and the church’s limited impacts compared with other potential uses.
The Cody Planning, Zoning & Adjustment Board voted unanimously Aug. 13 to approve a special exemption waiving the 15-foot buffer requirement for the House of Prayer (House of Prayer Evangelical Church) at 602 Blackburn Street.
During the public hearing, Carla Egelhoff (speaker 9) urged the board not to broadly remove required buffers and vegetation, arguing that buffers protect residential character and warning against incremental commercial encroachment: “If we start doing this… it’s one after another and pretty soon, we've got our whole district with concrete and asphalt,” she said.
Staff (Mark, speaker 5) explained the code’s buffer requirement arises from differences in zoning rather than the church use itself; he noted a church often would not need a buffer if the property were in an R-3 residential zone and said the proposed church use is likely more compatible with nearby residential properties than alternative commercial uses. Applicant Ben Bogartis (pastor, speaker 10) told the board neighbors’ previously submitted support had not changed, confirmed the site includes a hedge that the church would maintain, and said the Sunday worship schedule and a small associated daycare limit peak parking demand.
Board members debated the code’s intent, precedent and whether the exemption process is meant for “one-off” situations. Several members said the special-exemption process exists to address unique circumstances and that two adjacent neighbors’ support and the church’s limited use supported approval. Josh (speaker 3) moved to approve the waiver adopting staff findings; Matt (speaker 4) seconded and the motion passed unanimously.
The board approved the waiver subject to the staff findings on record; members noted any future site modifications that place structures within 15 feet of the eastern property line would require further review.
The decision resolves the buffer question for the current site plan; any future redevelopment or change of use will require additional review under city code.
