MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(May 27, 2104)

 

            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., May 27, 2014 at which time the following business was transacted. 

 

Board Members Present:         Jim Pisula, Carol Dowding, Alan Cram, Jeffrey Schneider, and Sheri Hofeling

 

Staff Present:                          Rob Helmick and Savanah Benedick, County Planners, and William G. Ressue, Deputy County Attorney     

 

Minutes:  Carol Dowding moved and Jeffrey Schneider seconded the Motion to approve the March 25, 2014 Minutes of the Larimer County Board of Adjustment as presented. Board members Jim Pisula, Carol Dowding, Alan Cram, and Jeffrey Schneider voted in favor of the Motion.  Board member Sheri Hofeling was not present for this matter.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Carol Dowding moved and Jim Pisula seconded the Motion to approve the following Findings and Resolutions: Adriel Hills Setback Variance (#14-BOA0976), Dean Setback Variance (#14-BOA0973), Romero Setback Variance (#14-BOA0975). Board members Jim Pisula, Carol Dowding, Alan Cram, and Jeffrey Schneider voted in favor of the Motion.  Board member Sheri Hofeling was not present for this matter.

 

 

Applications:

 

A.        Consent Applications

 

The following applications were approved by consent:

 

File No:           #14-BOA0982 (Shepard Setback Variance)

Owner:                        Timothy Shepard

Applicant:       Patrick Reeves           

Request:          The Application of Patrick Reeves, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a proposed 30’ x 24’ garage to be located 20 feet from the Isleta Court access easement rather than the required minimum of 45 feet and to be located 64 feet from the centerline of the creek rather than the required minimum of 100 feet in the E-1 Estate zone.

 

Action:  Carol Dowding 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.         Prior to foundation pour, 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.

 

5.         Erosion control measures must be used during construction to eliminate silt or material from entering the drainage way on this property.

 

Board members Jim Pisula, Carol Dowding, Alan Cram and Jeffrey Schneider voted in favor of the Motion.  Board member Sheri Hofeling was not present for this matter.  The Application was approved with conditions. 

 

 

File No:                       #14-BOA0980  (Anderson Setback Variance)

Owners/Applicants:    Timothy & Patricia Anderson

 

Request:          The Application of Timothy & Patricia Anderson, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an addition to an existing home to be located 21 feet from the rear yard setback rather the required minimum of 25 feet in the R-Residential Zone.

 

Action:  Carol Dowding moved and Jim Pisula 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.

 

4.         After the applicant applies for a building permit but prior to foundation pour, 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 Jim Pisula, Carol Dowding, Alan Cram and Jeffrey Schneider voted in favor of the Motion.  Board member Sheri Hofeling was not present for this matter.  The Application was approved with conditions. 

 

B.        Discussion Applications

 

The following applications were ruled on after Board discussion:

 

File No:                       #14-BOA0983  (Touzjian Setback Variance)

Owner/Applicant:       Peter Touzjian & Margot Steffenhagen         

 

Request:   The Application of Peter Touzjian & Margot Steffenhagen requesting a variance was presented to the Board.  The Application requested a setback variance to allow a new 12’ x 20’ shop to be located 7 feet from the Interlachen Road right-of-way rather than the required minimum of 20 feet, and an existing shed to remain  2 feet from the Highland Place Road right-of-way rather than the required minimum of 20 feet in the R-Residential zone. An easement vacation of the 10-foot utility easement along Highland Place Road will be required if the existing shed is approved within the easement.

 

Action:  Carol Dowding moved and Jim Pisula seconded the Motion to approve the Application to allow a new shop to be located 7feet from the Interlachen Road right-of-way rather than the required minimum of 20 feet in the R-Residential zone 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.

 

4.         After the applicant applies for a building permit but prior to foundation pour, 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.

 

            The question was called and members Jim Pisula, Carol Dowding, Alan Cram, Sheri Hofeling, and Jeffrey Schneider voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the setback variance was granted subject to conditions. 

 

Action:  Carol Dowding moved and Sheri Hofeling seconded the Motion to approve the Application to allow an existing shed to remain 2 feet from the Highland Place Road right-of-way rather than the required minimum of 20 feet in the R-Residential zone with the following conditions:

 

1.    Any encroachment into the 10-foot utility easement along Highland Place Road will require approval of an easement vacation.  No buildings or structures can encroach in this easement if utilities are present.

 

2.    Any setback less than 3 feet will require a 1-hour fire-rated wall and overhangs for the wall closest to the property line.

 

Board members Jim Pisula, Carol Dowding, Alan Cram, Jeffrey Schneider, and Sheri Hofeling voted in favor of the Motion.  The Application was approved with conditions. 

 

Adjournment:  The meeting was adjourned at 8:40 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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