MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(September 22, 2015)

 

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., September 22, 2015 at which time the following business was transacted.

 

Board Members Present: Jason Wolfe, Carol Dowding, Jeffrey Schneider, Tom Peterson, and Jim Pisula

 

Staff Present: Matt Lafferty and Savanah Benedick, County Planners, and William G. Ressue, Senior County Attorney

 

Minutes: Jim Pisula moved and Jeffrey Schneider seconded the Motion to approve the August 25, 2015 Minutes of the Larimer County Board of Adjustment as presented. Board members Jason Wolfe, Carol Dowding, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the Motion. The Minutes were unanimously approved.

 

Findings and Resolutions: Jim Pisula moved and Jason Wolfe seconded the Motion to approve the following Findings and Resolutions: Trampe Setback Variance (#15-BOA1027 ) Board members Jason Wolfe, Carol Dowding, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the Motion.

 

Other Business: Board member Schneider moved and Tom Peterson seconded the motion to appoint Carol Dowding as Chair of the Board. Board members Jason Wolfe, Carol Dowding, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the Motion.

 

Applications:

 

A. Consent Applications

 

The following applications were approved by consent:

 

File No: #15-BOA1032 (Garfield Setback Variance)

Owner: Mary Garfield and Mary Margueritte Garfield Revocable Living Trust

Applicant: Ted Garfield

 

Request: The Application of Ted Garfield, requesting a variance was presented to the Board. The Application requested a setback variance to allow cabin additions (room and porch) to be located 16 feet from the Starwood Lane access easement rather than the required minimum of 25 feet from the road, and to be located 33 feet from the centerline of the stream rather than the required 100 feet, in the O-Open zone.

 

Action: Jeffrey Schneider 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 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 Larimer County 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. After the applicant applies for a building permit but prior to foundation pour for any future buildings on the property, 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.

 

Board members Jason Wolfe, Carol Dowding, Jeffrey Schneider, Tom Peterson, and Jim Pisula voted in favor of the Motion. The Application was approved with conditions.

 

File No: #15-BOA1031 (Keesecker Setback Variance)

Owners/Applicants: Wallace and Carla Keesecker

 

Request: The Application of Wallace and Carla Keesecker, requesting a variance was presented to the Board. The Application requested a setback variance to allow a proposed deck to be located 20 feet from the Totem Pole Lane Access Easement rather than the required minimum of 25 feet from the street and road setback as required in the O-Open zone.

 

Action: Jeffrey Schneider 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 Larimer County 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. 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 development.

 

Board members Jason Wolfe, Carol Dowding, Jeffrey Schneider, Tom Peterson, and Jim Pisula voted in favor of the Motion. The Application was approved with conditions.

 

File No: #15-BOA1033 (New Setback Variance)

Owner: Charles New

Applicants: Steele Structures America/Jennifer Elliott

 

Request: The Application of Steele Structures America and Jennifer Elliott, requesting a variance was presented to the Board. The Application requested a setback variance to allow a barn/storage building to be built 18 feet from the centerline of a stream rather than the required minimum of 100 feet in the O-Open zone.

 

Action: Jeffrey Schneider 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.

 

5. The applicant shall provide the elevation information as required by the Engineering Department prior to final inspection and completion.

 

6. The applicant shall incorporate erosion control measure and revegetate the site consistent with the recommendations of the Engineering Department.

 

Board members Jason Wolfe, Carol Dowding, Jeffrey Schneider, Tom Peterson, and Jim Pisula voted in favor of the Motion. The Application was approved with conditions.

 

B. Discussion Applications

 

The following application was ruled on after Board discussion:

 

File No: #15-BOA1035 (Pore Setback Variance)

Owners/Applicants: Blaine and Lola Pore

Request: The Application of Blaine and Lola Pore, requesting a variance was presented to the Board. The Application requested a setback variance to allow an existing garage to be located 13.9 feet from the Gold Charm Drive right-of-way rather than the required minimum of 25 feet in the RE Rural Estate zone.

 

Action: Jeffrey Schneider 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 Larimer County 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. After the applicant applies for a building permit but prior to foundation pour for any future buildings on the property, 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.

 

Board members Jason Wolfe, Carol Dowding, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the Motion. The Application was approved with conditions.

 

C. Tabled Applications:

 

File No: #15-BOA1030 (Peterich Setback Variance)

 

A request to table the Peterich Setback Variance was made by the applicant.

Jeffrey Schneider moved and Jason Wolfe seconded the motion that the Board table this matter to October 27, 2015 at 7:00 p.m.

 

The question was called and members Jason Wolfe, Carol Dowding, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the motion.

 

 

Adjournment: The meeting was adjourned at 8:38 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

By: ______________________________________

Chair

 

ATTEST:

 

 

__________________________________