MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(January 24, 2017)

 

            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 27, 2017 at which time the following business was transacted. 

 

Board Members Present:         Bill Combs, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson

 

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

 

Minutes:  Tom Peterson moved and Jeffrey Schneider seconded the Motion to approve the December 27, 2016 Minutes of the Larimer County Board of Adjustment as presented. Board members Bill Combs, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Jeffrey Schneider moved and Joseph Wise seconded the Motion to approve the following Findings and Resolutions: Secor Setback Variance (#16-ZONE2088), Ryan-Joyce Setback Variance (#16-ZONE2092), Grilli Setback Variance (#16-ZONE2093), and Glen Haven Town Hall Setback Variance (#16-ZONE2090). Board members Bill Combs, Joseph Wise, Carol Dowding, Jeffrey Schneider and Tom Peterson voted in favor of the Motion.

 

Other Business:

 

Joseph Wise moved and Bill Combs seconded the motion to 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 Bill Combs, Joseph Wise, Carol Dowding, Jeffrey Schneider and Tom Peterson voted in favor of the Motion.

 

Applications:

 

The following application was approved after discussion:

 

File No:  #16-ZONE2104  (Starks Setback Variance)

Owner:              Randy and Luetta Starks

Applicant:  Jeffrey Wampler

 

Request: The Application of Jeffrey Wampler, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an existing, non-conforming home to be located 95' from the center of the right-of-way of Major Collector County Road 16H, and a partially built addition (permit 16-RES0440 on hold due to this Variance), to be located 75' to the center of the right-of-way of County Road 16H rather than the required minimum of 100' for both in the FA-Farming zone.

 

The Applicant testified as to his questions about what would happen if the variances were denied, and that there was initial confusion about the status of the road and applicable setbacks.

 

Action: The request was removed from the consent agenda for a full proceeding. Joseph Wise moved and Bill Combs 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. This may include additional variance requests for the above mentioned structures that do not have building permits or inspection approvals.

 

4.         Prior to further construction, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land surveyor that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Department.

Board members Bill Combs, Joseph Wise, Carol Dowding, and Tom Peterson voted in favor of the Motion. Member Jeffrey Schneider voted against the Resolution. The Application was approved with conditions. 

 

Consent Application:

 

The following application was approved on consent:

 

File No:  #16-ZONE2105  (Borries Setback Variance)

Owners:  Brandon and Jessica Borries

Applicant:  Lonnie Sheldon / Van Horn Engineering

 

Request: The Application of Lonnie Sheldon and Van Horn Engineering, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a built home with 18" eaves to be located 4' from the side property line rather than the required minimum of 5' in the O-Open zoned.

 

One adjacent neighbor has expressed concerns regarding the Variance request.

 

Action:  Joseph Wise moved and Jeffrey Schneider 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 applicants (a) take affirmative action consistent with this approval, OR (b) submit 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. This may include additional variance requests for the above mentioned structures that do not have building permits or inspection approvals.

 

4.         Prior to further construction , the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land Surveyor that the structures are located where shown on the Larimer County approved Plot Plan for this development.

 

Board members Bill Combs, Joseph Wise, Carol Dowding, Jeffrey Schneider and Tom Peterson voted in favor of the Motion.  The Application was approved with conditions.

 

 

Adjournment:  The meeting was adjourned at 6:45 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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