MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(August 28, 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., August 28, 2018 at which time the following business was transacted. 

 

Board Members Present:         Joseph Wise, Lee Taylor, Carol Dowding, and Carol Cochrane

 

Staff Present:                          Rebecca Smith and Jenn Cram, County Planners, Carol Kuhn, Principal Planner, Lesli Ellis, Community Development Director, and David P. Ayraud, Senior Assistant County Attorney  

 

Minutes:  Joseph Wise moved and Lee Taylor seconded the Motion to approve the July 24, 2018 Minutes of the Larimer County Board of Adjustment as presented. Board members Joseph Wise, Lee Taylor, Carol Dowding, and Carol Cochrane voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Joseph Wise moved and Lee Taylor seconded the Motion to approve the following Findings and Resolutions with amendments: Chambliss Setback Variance, (File #18-ZONE2387) McCormick Setback Variance Extension, (File #18-ZONE2383) (amended to reflect that it was not an extension), Van Hoorne Setback Variance Extension (File #18-ZONE2382) (amended to reflect that it was not an extension), Kennedy Setback Variance Extension (File #16-ZONE2089). Board members Joseph Wise, Lee Taylor, Carol Dowding, and Carol Cochrane voted in favor of the Motion.

 

Consent Applications

 

The following application was approved by consent:

 

File No:                       #18-ZONE2390 (Pavlish Setback Variance)

Owners/Applicants:    Ben and Michelle Pavlish

 

Request: The Application of Ben and Michelle Pavlish, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a deck expansion to be located 16 feet from the front property line (street/road), rather than the required minimum of 25 feet in the T - Tourist and E1 – Estate 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.  Joseph Wise 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.

 

Board members Joseph Wise, Lee Taylor, Carol Dowding, and Carol Cochrane voted in favor of the Motion.  The Application was approved with conditions. 

 

Discussion Applications

 

The following application was denied after discussion:

 

File No:           #18-ZONE2400 (Johnson Warehouse Setback Variance)

Owner:                        Johnson Warehouse / Mark Johnson

Applicant:       Thunderpup Construction, Inc. / Megan Burr

 

Request: The Application of Thunderpup Construction, Inc. and Megan Burr, requesting a variance was presented to the Board.  The Application requested a setback variance to allow the construction of a new building with a proposed height of 49 feet, 9 inches, rather than the required maximum of 40 feet in the C-Commercial zone.

 

Action:   Lee Taylor moved and Joseph Wise seconded the Motion that the Board approve the requested variance application.  The question was called and members Lee Taylor and Carol Dowding voted in favor of the Resolution.  Members Joseph Wise and Carol Cochrane voted against the Resolution.  The Application was denied for failure to receive the requisite four votes in favor.

 

 

The following application was approved after discussion:

 

File No:           #18-ZONE2402  (Hugen Setback Variance)

Owner:                        Cindy Hugen

Applicant:       Kurt Thornton at Thornton Homes LLC

 

Request: The Application of Kurt Thornton at Thornton Homes LLC, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a proposed 16' x 30' detached garage to be constructed 50 feet from the right-of-way centerline of Minor Collector S. Summit View Drive rather than the required minimum of 70 feet per Section 4.9.1 of the Land Use Code in the R-Residential zone. The Board finds that a 58’ setback is warranted.

 

Action: Joseph Wise moved and Lee Taylor seconded the Motion to approve a 58-foot variance 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, Lee Taylor, Carol Dowding and Carol Cochrane voted in favor of the Motion.  The Application was approved with conditions. 

 

Adjournment:  The meeting was adjourned at 7:35 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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