MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(March 27, 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., March 27, 2018 at which time the following business was transacted. 

 

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

 

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

 

Minutes:  Jeffrey Schneider moved and Anne Johnson seconded the Motion to approve the February 27, 2018 Minutes of the Larimer County Board of Adjustment as presented. Board members Joseph Wise, Jeffrey Schneider, Lee Taylor and Anne Johnson voted in favor of the Motion.  Board member Carol Dowding abstained from voting.  The Minutes were approved.

 

Findings and Resolutions:  Joseph Wise moved and Jeffrey Schneider seconded the Motion to approve the following Findings and Resolutions: Hancock 231 Bella Vista Drive Setback Variance (#17-ZONE2307).  Board members Joseph Wise, Jeffrey Schneider, Carol Dowding, Lee Taylor and Anne Johnson voted in favor of the Motion.

 

Consent Applications:

 

The following applications were approved by consent:

 

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

Owners/Applicants:    Bradley Bollacker and Abby Chiaramonte

 

Request: The Application of Bradley Bollacker and Abby Chiaramonte, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an existing home to be located 70 feet from the right-of-way center line of Taft Hill Road when rather than required minimum of 110' FA-Farming according to Section 4.9.1.B of the Land Use Code.

 

Action: There were no requests from the public, the Board, or Staff to have a full hearing on this request and therefore it remained on the Consent Agenda.  Jeffrey Schneider moved and Anne Johnson 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.  This may include additional variance requests for the above-mentioned structures that do not have building permits or inspection approvals.

 

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

 

File No:                       #18-ZONE2325  (McClellan Setback Variance)

Owners/Applicants:    Andrew McClellan

 

Request: The Application of Andrew McClellan, requesting five variances was presented to the Board.  The Application requested setback variances to allow: i) a proposed garage to be located 75 feet from the right-of-way center line of 14th Street SW (County Road 18), ii) for a covered patio to be located 75 feet from the right-of-way center line of 14th Street SW, iii) for an existing home to be located 65 feet from the right-of-way center line of 14th Street SW, iv) for a proposed garage to be located 15 feet from the west (rear) property line, and v) for an existing shed to be located 5 feet from the west (rear) property line. The required minimum setback from the right-of-way center line of a Major Collector is 100 feet and the required minimum setback from the west (rear) property line is 25 feet in the R-Residential zoning district according to Section 4.9.1.B of the Land Use Code.

 

Action: There were no requests from the public, the Board, or Staff to have a full hearing on this request and therefore it remained on the Consent Agenda.  Jeffrey Schneider moved and Anne Johnson 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.  This may include additional variance requests for the above-mentioned structures that do not have building permits or inspection approvals.

 

3.         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.

 

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

 

 

 

 

 

File No:           #18-ZONE2331  (Poudre Canyon Fire Setback Variance)

Owners:           Poudre Canyon Fire / Janet Gueswel

Applicants:      Nathan Ensley, EIT / Tait & Associates, Inc.

 

Request: The Application of Nathan Ensley, EIT / Tait & Associates, Inc., requesting a variance was presented to the Board.  The Application requested a setback variance to allow a replacement fire station to be located 40' from the centerline of County Road 68C rather than the required minimum of 70' in the O-Open zone per Section 4.9.1 of the Land Use Code.

 

Action: There were no requests from the public, the Board, or Staff to have a full hearing on this request and therefore it remained on the Consent Agenda.  Jeffrey Schneider moved and Anne Johnson 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.  This may include additional variance requests for the above-mentioned structures that do not have building permits or inspection approvals.

 

3.         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.

 

4.         The Site Plan Review process must be pursued and completed before application for a building permit.

 

5.         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 development.

 

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

 

Discussion Applications:

 

The following application was approved after discussion:

 

File No:           #18-ZONE2317  (Rothe Setback Variance)

Owner:                        Emanuel Rothe

Applicant:       Matthew Whyte

 

Request: The Application of Matthew Whyte, requesting five variances was presented to the Board.  The Application requested setback variances (i) to allow a proposed detached garage to be located 6 feet from the centerline of the Big Thompson River, (ii) to allow the proposed detached garage to be located 20 feet from the east/side property line, (iii) the proposed detached garage to be located 15 feet from the south/street, (iv) to allow an existing addition to the single-family residence to remain 20.02 feet from the south/street setback, and (v) to allow an existing storage shed to remain 44.05 feet from the south/street setback.  The required setbacks for the property in the E-Estate zone are 25 feet from the front property line, 25 feet from the side property lines and 100 feet from the centerline of the Big Thompson River.

 

Action:  The request was removed from the consent agenda for a full proceeding.  Anne Johnson 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 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 development.

 

5.         Unless use of the gray water system is abandoned, the plot plan for the building permit for the detached garage must identify the location of the existing graywater system. Said system shall not be located under the driveway or any areas to be used as driving surfaces or parking. If the graywater system is located in such a location, the use of the system shall be discontinued.

 

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

 

Adjournment:  The meeting was adjourned at 6:25 p.m.

 

(These proceedings were recorded by audio tape.)

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

ATTEST:

 

 

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