MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(March 28, 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., March 28, 2017 at which time the following business was transacted. 

 

Board Members Present:         Bill Combs, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Anne Johnson

 

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

 

Minutes:  Jeffrey Schneider moved and Joseph Wise seconded the Motion to approve the February 28, 2017 Minutes of the Larimer County Board of Adjustment as presented. Board members Bill Combs, Joseph Wise, Carol Dowding, Jeffrey Schneider voted in favor of the Motion and member Anne Johnson abstained.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Jeffrey Schneider moved and Joseph Wise seconded the Motion to approve the following Findings and Resolutions: Pinewood Springs Fire Protection Setback Variance (#17-ZONE2116) and the Spare Space Setback Variance (#17-2117) Board members Bill Combs, Joseph Wise, Carol Dowding, Jeffrey Schneider voted in favor of the Motion and member Anne Johnson abstained.

 

Consent Applications:

 

The following application was approved by consent:

 

File No:           #17-ZONE2138 (Dant Setback Variance)

Owner/Applicant:       Joel Dant

 

Request: The Application of Joel Dant, requesting two variances, was presented to the Board.  The Application requested a setback variance to allow an addition to an existing shop (proposed to be converted into a cabin) that is 1.75 feet (including overhangs) from the rear yard property line when 10 feet is required, and to allow an existing garage to be 4.5 feet from the side yard property line when 5 feet is required per Section 4.1.5.2(B) of the Land Use Code.  A lot consolidation is running concurrently with this application to remove the common lot line between this lot and Lot 11 of the Hayden Subdivision.  This lot was affected by the 2013 flood. 

 

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.  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 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 structures are located where shown on the Larimer County approved Plot Plan for this development.

 

5.         The wall and 4 inch eave encroaching into the setback on the existing shop (being converted to a cabin) must be 1-hour fire rated.

 

6.         The Lot Consolidation for Lots 10, 11 and 13 of the Hayden Subdivision must be approved by the Board of County Commissioners.

 

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

 

 

 

Discussion Applications:

 

The following applications were approved after discussion:

 

File No:           #17-ZONE2125  (Mommer Setback Variance)

Owners/Applicants:    Daniel J. Mommer & Katherine Mommer

 

Request: The Application of Daniel and Katherine Mommer, requesting a variance was presented to the Board.  The Application requested a setback variance to allow for a proposed outbuilding located on Lot 2, Horseshoe East MRD (S-97-91) to be located 70 feet to the centerline of the right-of-way of County Road 11C when the Arterial setback of 110 feet from the centerline of the right-of-way is required.

 

Staff testified that the applicant did not know specific dimensions for the building but estimated to be approximately 30’x45’.  The applicant testified that he was unaware that the dimensions of the outbuilding were needed.

 

The Board offered a maximum length of the outbuilding to be 50’ to which applicant agreed would be acceptable.

Action:  Bill Combs moved and Joseph Wise 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.         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.

 

5.         Per Clint Jones in the Engineering Department, the proposed outbuilding shall not be equipped with east facing garage doors.

 

6.         ***North and South length of the outbuilding shall not exceed 50 feet.***

 

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

 

 

 

File No:           #17-ZONE2136  (Wiarda Setback Variance)

Owner:            Noah Wiarda

Applicant:       Kate Penning

 

Request: The Application of Kate Penning, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a proposed garage addition to be 6 feet from the Arrowhead Lane right-of-way when 25 feet is required per Section 4.1.5.B(2) of the Land Use Code.

 

Staff testified that there was some concern regarding the septic system on the property and whether the garage addition would affect routine maintenance or future replacement. The applicant testified that a door in the garage will be wide enough for all equipment and materials necessary to maintain the septic tank and replace it if ever necessary.

 

Neighbor George Bayless spoke and asked if new power lines were going to be added. The applicant testified that there would be no power lines added.

 

The Board found that the septic issues had been addressed appropriately.

 

Action: 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.

 

4.         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.

 

5.         If Lots 161 and 162 remain as two separate lots, an access easement is required to be dedicated for the driveway that encroaches onto Lot 162 of the Horsetooth Lake Estates.  The dedication must be drafted by a licensed surveyor and recorded with the Larimer County Clerk and Recorder.

 

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

 

 

Adjournment:  The meeting was adjourned at 6:40 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

__________________________________