MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT
(July 22, 2014)
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., July 22, 2014, at which time the following business was transacted.
Board Members Present: Carol Dowding, Jim Pisula, Alan Cram, Jeffrey Schneider, and Tom Peterson
Staff Present: Karin Madson and Savanah Benedick, County Planners, and William G. Ressue, Deputy County Attorney
Minutes: Jeffrey Schneider moved and Jim Pisula seconded the Motion to approve the June 24, 2014 Minutes of the Larimer County Board of Adjustment as presented. Board members Carol Dowding, Jim Pisula, Alan Cram, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion. The Minutes were unanimously approved.
Findings and Resolutions: Jim Pisula moved and Tom Peterson seconded the Motion to approve the following Findings and Resolutions: Jones Setback Variance (#14-BOA0988) and Heath/Demario Setback Variance (#14-BOA0989) Board members Carol Dowding, Jim Pisula, Alan Cram, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.
A. Consent Applications
The following application was approved by consent:
File No: #14-BOA0993 (Lyons 3rd Amended Setback Variance)
Owners/Applicants: Gail & Harley Lyons
Request: The Application of Gail and Harley Lyons, requesting a variance was presented to the Board. The Application requested a setback variance to allow a structure to be located 10 feet from the road rather than the previously-approved 11 feet (per files 12-BOA0920 and 13-BOA0942) and the required minimum of 25 feet in the FO-Forestry zone.
Action: Jim Pisula 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 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 Applicants apply 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.
5. During the construction of the house, erosion control measures must be used to eliminate any silt or materials from entering the drainage way. In addition, all disturbed areas must be properly revegetated as soon as practicable.
6. No garage doors or parking areas are allowed along the front side of the residence facing the road.
Board members Carol Dowding, Jim Pisula, Alan Cram, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion. The Application was approved with conditions.
B. Discussion Applications
The following application was ruled on after taking evidence and Board discussion:
File No: #14-BOA0991 (Markle Setback Variance)
Owners/Applicants: Charles & Ada Markle
Request: The Application of Charles and Ada Markle, requesting a variance was presented to the Board. The Application requested a setback variance to allow an existing 12.3’ x 18.2’ shed to be located 8 inches at its closest point from the side property line rather than the required minimum of 5’ per Section 4.1.2 of the Larimer County Land Use Code in the FA-Farming zone.
Action: Jeffrey Schneider moved and Jim Pisula seconded the Motion to approve the Application.
Board members Jim Pisula and Jeffrey Schneider voted in favor of the Resolution. Members Carol Dowding, Alan Cram, and Tom Peterson voted against the Resolution. The Application was denied for failure to receive the requisite four votes in favor.
Adjournment: The meeting was adjourned at 7:50 p.m.
(These proceedings were recorded by audio tape.)
LARIMER COUNTY BOARD OF ADJUSTMENT