MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(September 27, 2016)

 

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 27, 2016 at which time the following business was transacted.

 

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

 

Staff Present: Savanah Benedick and Rebecca Smith, County Planner(s), and William G. Ressue, Deputy County Attorney

 

Minutes: Jim Pisula moved and Tom Peterson seconded the Motion to approve the June 29, 2016 Minutes of the Larimer County Board of Adjustment as presented. Board members Jim Pisula, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion. The Minutes were unanimously approved.

 

Findings and Resolutions: Tom Peterson moved and Jeffrey Schneider seconded the Motion to approve the following Findings and Resolutions: Sossamon Setback Variance (#16-ZONE2035) and the Knowles Setback Variance (#16-ZONE2026) Board members Jim Pisula, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.

 

Consent Applications:

 

The following applications were approved by consent:

 

File No: #16-ZONE2054 (Harper Setback Variance)

Owner(s): Peter and Crystal Harper

Applicant(s): Peter and Crystal Harper

 

Request: The Application of Peter and Crystal Harper, requesting a variance was presented to the Board. The Application requested a setback variance to allow for a proposed single-family home to be located 7 at the northeast corner and 15 from the northwest corner to the property line rather than meet the 25 setback requirement in the O-Open Zoning District according to Section 4.1.5.B.3 of the Larimer County Land Use Code.

 

Action: Jeffrey Schneider moved and Joseph Wise seconded the Motion 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. 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 Jim Pisula, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion. The Application was approved with conditions.

 

File No: #16-ZONE2055 (Dick Setback Variance)

Owner(s): Larry and Lavern Dick

Applicant(s): Larry and Lavern Dick

 

Request: The Application of Larry and Lavern, requesting a setback variance upon the above described property to allow an existing 256 x 16 shed to be 6.9 feet from the side yard setback rather than the required 7 feet from the rear yard setback rather than the required 25 feet per Section 4.1.11.B.2 of the Land Use Code.

 

Action: Jeffrey Schneider moved and Joseph Wise seconded the Motion 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. 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 Jim Pisula, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion. The Application was approved with conditions.

 

File No: #16-ZONE2056 (Zayo Setback Variance)

Owner(s): Zayo Group, LLC

Applicant(s): Current Design Group, LLC

 

Request: The Application of Current Design Group, LLC, requesting a setback variance upon the above described property to allow a building located 77 feet from the centerline of CR 20E, an arterial road when 110 feet is required by Section 4.9.1B of the Larimer County Land Use Code.

 

Action: Jeffrey Schneider moved and Joseph Wise seconded the Motion 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. 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 Jim Pisula, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion. The Application was approved with conditions.

 

If there are any Discussion Applications:

 

The following applications were approved after discussion:

 

File No: #16-ZONE2047 (Roberts Setback Variance)

Owner(s): Jim and Cindy Roberts

Applicant(s): Jim and Cindy Roberts

 

Request: The Application of Jim and Cindy Roberts, requesting a variance to allow a setback variance upon the above described property to allow for two as-built green houses to be located 5 from the east property line fronting Eddy Lane rather than meet the 25 street and road setback requirement for the B-Business and FA-1 Farming zoning districts as stated in Section 4.31.2.B.2.a and Section 4.1.17.B.2.a of the Larimer County Land Use Code.

 

Action: Jim Pisula 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. 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 Jim Pisula, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion. The Application was approved with conditions.

 

 

 

 

Adjournment: The meeting was adjourned at 6:30 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

By: ______________________________________

Chair

 

 

ATTEST:

 

 

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