MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(June 26, 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., June 26, 2018 at which time the following business was transacted. 

 

Board Members Present:         Joseph Wise, Jeffrey Schneider, Carol Dowding and Jim Pisula

 

Staff Present:                          Rob Helmick and Rebecca Smith, County Planners, and William G. Ressue, Deputy County Attorney     

 

Minutes:  Jim Pisula moved and Jeffrey Schneider seconded the Motion to approve the May 22, 2018 Minutes of the Larimer County Board of Adjustment as presented. Board members Joseph Wise, Jeffrey Schneider, Carol Dowding and Jim Pisula voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Jim Pisula moved and Jeffrey Schneider seconded the Motion to approve the following Findings and Resolution: Wiarda Setback Variance (#17-ZONE2136). Board members Joseph Wise, Jeffrey Schneider, Carold Dowding and Jim Pisula voted in favor of the Motion.

 

Consent Applications:

 

The following applications were approved by consent:

 

File No:                       #18-ZONE2375  (Lyons Setback Variance)

Owners/Applicants:    Lyons Fire Protection District and Paul Davidovich

 

Request: The application of Lyons Fire Protection District and Paul Davidovich requesting a variance was presented to the Board.  The application requested a setback variance to allow an existing training facility to be located 20 feet from the side setback rather than the required minimum of 25 feet in the O-Open zone.

 

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 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 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.         A building permit must be obtained for the training facility within 90 days from the date of approval of the variance or by September 28, 2018.

 

Board members Joseph Wise, Jeffrey Schneider, Carol Dowding, and Jim Pisula voted in favor of the Motion.  The Application was approved with conditions. 

 

File No:                       #18-ZONE2373  (Silver Reef Farms Height Variance)

Owner/Applicant:       Silver Reef Farms Holding LLC

 

Request: The application of Silver Reef Farms Holding LLC requesting a variance was presented to the Board.  The application requested a setback variance to allow two grain storage facilities height to be 46 feet 1 inch and a third to be 40 feet 7 inches rather than the required maximum of 40 feet in the O-Open zone.

 

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 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.

 

4.         A building permit must be obtained for the three grain storage facilities.

 

Board members Joseph Wise, Jeffrey Schneider, Carol Dowding, and Jim Pisula voted in favor of the Motion.  The Application was approved with conditions. 

 

File No:                       #18-ZONE2374  (Harrison Setback Variance)

Owner/Applicant:       Craig Harrison

 

Request: The application of Craig Harrison requesting a variance was presented to the Board.  The application requested a setback variance to allow a proposed detached garage to be located 40 feet from the center of the right-of-way of S. County Road 3F, and an existing home located 40 feet from the center of the right-of-way of S County Road 3F rather than the required minimum of 70 feet from the right-of-way centerline per Section 4.9.1.B of the Land Use Code for a Minor Collector in the FA-1 Farming zone.

 

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 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.         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, and Jim Pisula voted in favor of the Motion.  The Application was approved with conditions. 

 

Discussion Application:

 

The following application was approved after discussion:

 

File No:                       #16-ZONE2089  (Kennedy Setback Variance Extension)

Owner/Applicant:       Michael Kennedy

 

Request: The application of Michael Kennedy, requesting an extension of time for his previously approved variance, was presented to the Board.  The application requested a one-year extension of an approved setback variance to permit a residential structure to be 5 feet from the edge of an existing 20-foot access easement-private road.

 

Attorney Jordan May appeared on behalf of his client, who is a neighbor to the property.  Mr. May testified about a dispute between his client and the applicant concerning an easement which is currently being litigated. He also testified as to activities of the applicant that he believes to be improper, and outstanding code, covenant, and criminal violations of applicant.   

 

Board member Wise discussed hearing about the disputes between the applicant and his neighbor during the application hearing and expected those issues would take time to resolve.  Board member Wise commented that he finds no reason not to extend the approval. Board member Schneider inquired as to any affirmative action taken by the applicant since the original approval and was informed by Planning Staff that the applicant had applied for a building permit but could not progress due to the pending Court dispute with respect to the location of the easement. The Board agreed a year extension would allow for the Court case to resolve the easement issue.

 

Joseph Wise moved and Jim Pisula seconded the Motion to approve the extension 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.         This variance is only for the building(s) as submitted with this variance application.  All future buildings, additions, and improvements must meet County setback requirements.

 

            4.         After the applicant applies for a building permit, 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.         The approved plot plan must reflect or an accompanying plan must show that drainage from the structure will not impair the access road.

 

Board members Joseph Wise, Jeffrey Schneider, Carol Dowding and Jim Pisula voted in favor of the Motion.  The extension was approved with conditions.

 

Adjournment:  The meeting was adjourned at **** p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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