MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(January 27, 2015)

 

            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 7:00 p.m., January 27, 2015 at which time the following business was transacted. 

 

Board Members Present:         Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson and Jason Wolfe

 

Staff Present:                          Terry Gilbert, Community Development Director, Matt Lafferty and Savanah Benedick, County Planners, and Jeannine Haag, County Attorney  

 

Minutes:  Carol Dowding moved and Jason Wolfe seconded the Motion to approve the December 16, 2014 Minutes of the Larimer County Board of Adjustment as presented.  Board members Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson and Jason Wolfe voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Carol Dowding moved and Jeffery Schneider seconded the Motion to approve the following Findings and Resolutions: Lyons 4th Modification Setback Variance (#14-BOA1010) and  Nagel Setback Variance (#14-BOA1009).  Board members Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson and Jason Wolfe voted in favor of the Motion.

 

Posting of Meetings: Carol Dowding moved and Tom Peterson seconded the Motion that the Board of Adjustment designate the Oak Street entrance to the Larimer County Courthouse at 200 W. Oak, Fort Collins, Colorado, 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 (CRS 24-6-402).

 

Applications:

 

A.        Discussion Applications

 

The following application was ruled on after Board discussion:

 

File No:                       #14-BOA1008  (Andress Setback Variance)

Owners/Applicants:    Ray & Judith Andress

 

Request: The application of Ray and Judith Andress, requesting a variance was presented to the Board.  The application requested a setback variance to allow an existing deck to be located 25 feet from a side lot line rather than the required minimum of 50 feet in the E (Estate) zone.

 

Action:  Carol Dowding moved and Jason Wolfe seconded the Motion to approve the application.

 

 

 

Board members Carol Dowding, Tom Peterson and Jason Wolfe voted in favor of the Motion.  Board Members Alan Cram and Jeffrey Schneider voted against the Motion.  The application was denied for failure to receive the requisite four votes in favor.

 

B.        Consent Applications

 

The following application was approved by consent:

 

File No:           #14-BOA1013  (Matthews Setback Variance)

Owners:           Timalynn and Clay Matthews

Applicants:      Ridgetop Builders Inc. and Rick Emery

 

Request:   The application of Ridgetop Builders Inc. and Rick Emery, requesting a variance was presented to the Board.  The application requested a setback variance to allow an existing residence and new addition to be located 19 feet from the adjacent road instead of the required minimum of 25 feet in the O (Open) zone.

 

Action:  Carol Dowding moved and Jason Wolfe 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.         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.

 

3.         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.

 

Board members Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson and Jason Wolfe voted in favor of the Motion.  The Application was approved with conditions. 

 

C.        Other Business

 

Board member Dowding moved and Schneider seconded the motion to go into executive session pursuant to C.R.S. 24-6-402(4)(b) for legal advice regarding the criteria for variance approvals.

 

 

 

 

 

 

 

 

Adjournment:  The meeting was adjourned at 8:25 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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