MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(September 25, 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., September 25, 2018 at which time the following business was transacted. 

 

Board Members Present:         Joseph Wise, Christine Pardee, Carol Dowding, Jim Pisula and Carol Cochrane

 

Staff Present:                          Rebecca Westerfield and Samantha Mott, County Planners, and William G. Ressue, Deputy County Attorney

 

Minutes:  Jim Pisula moved and Joseph Wise seconded the Motion to approve the August 28, 2018 Minutes of the Larimer County Board of Adjustment as presented. Board members Joseph Wise, Christine Pardee, Carol Dowding, Jim Pisula and Carol Cochrane voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Carol Cochrane moved and Jim Pisula seconded the Motion to approve the following Findings and Resolutions: Pavlish Setback Variance (File #18-ZONE2390), Johnson Warehouse Height Variance (File #18-ZONE2400), and Hugen Setback Variance (File #18-ZONE2402).  Board members Joseph Wise, Christine Pardee, Carol Dowding, Jim Pisula and Carol Cochrane voted in favor of the Motion.

 

Election of Officers:

 

            Jim Pisula moved and Carol Cochrane seconded the motion that Joseph Wise be appointed chair of the Board of Adjustment.  The question was called and members Joseph Wise, Christine Pardee, Carol Dowding, Jim Pisula and Carol Cochrane voted in favor of the Motion. The motion passed.

 

                                                            Consent Applications:

 

The following applications were approved by consent:

 

File No:                       #18-ZONE2416  (Larimer County Forks Park Setback Variance)

Owner/Applicant:       Larimer County

 

Request: The Application of Larimer County, being represented by Meegan Flenniken, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a proposed vaulted toilet to be located 51 feet from right-of-way center line of Highway rather than the required minimum of 100 feet in the O-Open zone per Section 4.9.1.A of the Land Use Code. The proposed vault is to be located within CDOT right-of-way of Highway 34 and is not associated with a parcel number or address.

 

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 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.         The Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land Surveyor that the structures are located where shown on the Larimer County approved Plot Plan for this development.

 

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

 

File No:           #18-ZONE2411  (Weller Setback Variance)

Owner:                        Jennifer Weller and Jonathan Weller, Jr.

Applicant:       Jeff Gaines / High Craft Builders

 

Request: The Application of Jeff Gaines and High Craft Builders, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an existing single-family dwelling with a proposed addition to be located 3 feet from the edge of an 80-foot-wide road easement rather than the required minimum of 25 feet in the O-Open zone per Section 4.1.5.B. of the Land Use Code.

 

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 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.  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, t he Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land Surveyor that the structures are located where shown on the Larimer County approved Plot Plan for this development.

 

 

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

 

Adjournment:  The meeting was adjourned at 6:10 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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