MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(January 23, 2018)

 

            The regular meeting of the Larimer County Board of Adjustment was held in the County Board Hearing Room in the Larimer County Courthouse Offices, Fort Collins, Colorado at 6:00 p.m., January 23, 2018 at which time the following business was transacted. 

 

Board Members Present:         Anne Johnson, Joseph Wise, Carol Dowding, Lee Taylor, and Jeffrey Schneider

 

Staff Present:                          Rebecca Smith and Savanah Benedick-Welch, County Planners, and William G. Ressue, Deputy County Attorney           

 

Posting of Meetings:  Lee Taylor moved and Jeffrey Schneider seconded the Motion that the Board of Adjustment designate the Oak Street entrance to the Larimer County Courthouse as the public posting place for notices of all official actions and public meetings in accordance with the requirements of the Colorado Open Meetings laws (C.R.S. 24-6-402).  Board members Anne Johnson, Joseph Wise, Carol Dowding, Lee Taylor, and Jeffrey Schneider voted in favor of the Motion. The motion passed.

 

Minutes:  Jeffrey Schneider moved and Lee Taylor seconded the Motion to approve the December 19, 2017 Minutes of the Larimer County Board of Adjustment as presented. Board member Anne Johnson abstained, and members Joseph Wise, Carol Dowding, Lee Taylor, and Jeffrey Schneider voted in favor of the Motion.  The Minutes were approved.

 

Findings and Resolutions:  Joseph Wise moved and Jeffrey Schneider seconded the Motion to approve the following Findings and Resolutions: Barrow Setback Variance (#17-ZONE2285) Board members Anne Johnson, Joseph Wise, Carol Dowding, Lee Taylor, and Jeffrey Schneider voted in favor of the Motion.

 

Discussion Applications:

 

The following application was removed from the consent agenda for a full proceeding. 

 

File No:                       #17-ZONE2298  (Huber Setback Variance)

Owner/ Applicant:      Claudia Huber

 

Request: The Application of Claudia Huber, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an existing outbuilding to be located approximately 10 inches from the north property line rather than the required minimum of 5’ and to be located 9.9’ from the west property line rather than the required minimum of 10’ per Section 4.1.1.B.2 of Larimer County Land Use Code in the FA-Farming zone.

 

Action:  Jeffrey Schneider moved and Lee Taylor seconded the Motion to approve the Application with the following conditions:

           

1.         Failure to comply with any conditions of the variance approval may result in reconsideration of the use and possible revocation of the approval by the Board of Adjustment.

 

2.         This approval shall automatically expire one year from the date of this Resolution unless prior to expiration the applicant (a) takes affirmative action consistent with this approval, OR (b) submits a written request showing good cause to extend the one-year time limit.

 

3.         All future additions or buildings that would be within setbacks as defined in the Land Use Code must go through the proper county review and planning process prior to construction.

 

4.         The north wall of the building must be 1-hour fire rated and the wall projections (eaves) must be removed on the north side of the building due to the location of the building wall at 1.8’ from the property line.  The Building Department provides the option to propose a Code Modification if the owner does not wish to remove the eaves.

 

5.         The use of the building must be identified before a building permit can be issued.  The applicants must convert the building to an outbuilding, or pursue a Public Site Plan process for a detached accessory living area.

 

6.         The applicant must demonstrate in writing prior to building permit issuance that the private easement along the north property line has been properly vacated.

 

Board members Anne Johnson, Joseph Wise, Carol Dowding, Lee Taylor, and Jeffrey Schneider voted in favor of the Motion.  The Application was approved with conditions. 

 

Executive Session:  Jeffrey Schneider moved and Lee Taylor seconded the Motion that the Board of Adjustment enter into an executive session with the County Attorney's Office for legal advice regarding site-visits, pursuant to Colorado Revised Statute 24-6-402(4)(b), and that the meeting adjourn at the conclusion of the session.  Board members Anne Johnson, Joseph Wise, Carol Dowding, Lee Taylor, and Jeffrey Schneider voted in favor of the Motion and the Board entered the executive session.

 

Adjournment:  The meeting was adjourned at 7:30 p.m. at the conclusion of the executive session.

 

The following application was tabled at the request of the Applicants. 

 

File No:                       #17-ZONE2302 (Bollacker Setback Variance)

Owner/ Applicant:      Bradley J. Bollacker & Abby Chiaramonte

 

Request: The Application of Bradley J. Bollacker and Abby Chiaramonte requesting a variance was presented to the Board.  The Application requested a setback variance to allow for a proposed garage addition to be located 50 feet from the center of Taft Hill Road, and an existing home to be located 70 feet from the center of Taft Hill Road when 110' is required according to Section 4.9.1.B of the Land Use Code.  During the proceeding, Applicants requested the item be tabled for a period of 60-days to a future hearing date so alternatives to the requested variance could be considered. 

 

Action:  Jeffrey Schneider moved and Lee Taylor seconded the Motion to table the item to March 27, 2018 at 6:00 pm.  Board members Anne Johnson, Joseph Wise, Carol Dowding, Lee Taylor, and Jeffrey Schneider voted in favor of the Motion.

 

 (These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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