Board denies building permit for R THEORY barn after agricultural-use fight

The Board of County Commissioners denied Building Permit BDR2023-0135 for R THEORY, LLC’s proposed 6,438-square-foot barn after concluding it could not make the Land Development Regulations finding that the structure complies with all relevant standards Findings of Fact, Conclusions of Law and Order Denying Approval of a Building Permit. The board said the applicant had not shown a bona fide primary agricultural purpose for the building, so the structure did not qualify for the agricultural-use exemptions tied to larger parcels.

The order leaves the permit denied even though the building official had found the plans compliant with the county building code and the planning commission had recommended approval. That split shows the fight was not about construction details alone, but about whether the barn’s scale and the record supported treating it as an agricultural use under county land-use rules Findings of Fact, Conclusions of Law and Order Denying Approval of a Building Permit.