MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT
(April 24, 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., April 24, 2018 at which time the following business was transacted.
Board Members Present: Lee Taylor, Joseph Wise, Carol Dowding, Anne Johnson and Jeffrey Schneider
Staff Present: Savanah Benedick-Welch and Rebecca Smith, County Planners, and William G. Ressue, Deputy County Attorney
Minutes: Jeffrey Schneider moved and Lee Taylor seconded the Motion to approve the March 27, 2017 Minutes of the Larimer County Board of Adjustment as presented. Board members Lee Taylor, Joseph Wise, Carol Dowding, Anne Johnson and Jeffrey Schneider voted in favor of the Motion. The Minutes were unanimously approved.
Findings and Resolutions: Anne Johnson moved and Jeffrey Schneider seconded the Motion to approve the following Findings and Resolutions: Bollacker Setback Variance (File #17-ZONE2302), Rothe Setback Variance (File #18-ZONE2317), Mcclellan Setback Variance, (File #18-ZONE2325), Poudre Canyon Fire Station Setback Variance (File #18-ZONE2331). Board members Lee Taylor, Joseph Wise, Carol Dowding, Anne Johnson and Jeffrey Schneider voted in favor of the Motion.
The following applications were approved by consent:
File No: #18-ZONE2340 (Duncan Setback Variance)
Owner: James & Alicia Duncan
Applicant: Bob Peterson
Request: The Application of Bob Peterson, requesting a variance was presented to the Board. The Application requested a setback variance to allow a proposed home to be located 40 feet at its closest point to the center of a waterway rather than the required minimum of 100 feet in the O-Open zone pursuant to Section 4.9.2.A 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. 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. 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 Lee Taylor, Joseph Wise, Carol Dowding, Anne Johnson and Jeffrey Schneider voted in favor of the Motion. The Application was approved with conditions.
The following application was tabled after discussion:
File No: #18-ZONE2343 (Frick Setback Variance)
Owner/Applicant: Bud Frick
Request: The Application of Bud Frick, requesting a variance was presented to the Board. The Application requested a setback variance to allow an addition to an existing commercial building to be 1' from the side yard property line rather than the required minimum of 10' as required in the I-Industrial zone per Section 4.1.19.B of the Land Use Code. The addition is proposed to align with the existing building. The applicant will be required to pursue a Site Plan Review and Condominium Map change following this variance in order to build where proposed.
The request was removed from the consent agenda for a full proceeding at the request of Member Joseph Wise.
Member Jeffrey Schneider recused himself from the proceeding due to having prior interactions with the applicant and desiring to avoid any perception of a conflict of interest.
The Board discussed concern about whether or not a portion of Tract D on the property was owned by the applicant. County Planner Benedick-Welch testified that she was unsure of the ownership. Deputy County Attorney Ressue advised that the Board may not rule on an application that is not owned by the applicant or pursued with the consent of the owner.
The applicant testified that he is not the sole owner of the portion of Tract D but will be soon. The Board asked the applicant if the item could be tabled to May 22, 2018, and the applicant agreed.
Action: Lee Taylor moved and Anne Johnson seconded the Motion to table the item to the May 22, 2017 Board of Adjustment meeting.
Board members Lee Taylor, Joseph Wise, Carol Dowding and Anne Johnson voted in favor of the Motion. Member Jeffrey Schneider recused himself from voting.
Adjournment: The meeting was adjourned at 6:35 p.m.
(These proceedings were recorded by audio tape.)
LARIMER COUNTY BOARD OF ADJUSTMENT