MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(October 27, 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., October 27, 2015 at which time the following business was transacted. 

 

Board Members Present:         Jason Wolfe, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson

 

Staff Present:                          Karin Madson and Savanah Benedick, County Planners, and William G. Ressue, Deputy County Attorney     

 

Minutes:  Jason Wolfe moved and Tom Peterson seconded the Motion to approve the September 22, 2015 Minutes of the Larimer County Board of Adjustment as presented. Board members Jason Wolfe, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Jeffrey Schneider moved and Joseph Wise seconded the Motion to approve the following Findings and Resolutions: Garfield Setback Variance (#15-BOA1032), Keesecker Setback Variance (#15-BOA1031), Pore Setback Variance (#15-BOA1035), New Setback Variance (#15, BOA1033). Board members Jason Wolfe, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.

 

Ratification of change in by-laws: Jeffrey Schneider moved and Jason Wolfe seconded the motion to ratify the amendment to the Board of Adjustment bylaws to change the starting time of the Board’s regularly scheduled meetings from 7:00 PM to 6:00 PM.   The question was called and members Jason Wolfe, Joseph Wise, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.  The motion passed.

 

Applications:

 

A.        Consent Applications

 

The following applications were approved by consent:

 

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

Owner/Applicant:       Daniel Peterich

 

Request: The Application of Daniel Peterich, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a new storage building to be located along the westerly right-of-way (ROW) line at a setback of 5 feet and to be located 12 feet from the northerly right-of-way line rather that the required minimum of 25 feet in the O-Open zone.      

 

Action:  Joseph Wise moved and Jason Wolfe 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.         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.         Southwest facing garage doors are not allowed.

 

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

 

 

File No:                       #15-BOA1042  (Kintzley Setback Variance)

Owners/Applicants:    Joshua and Molly Kintzley

 

Request:   The Application of Joshua and Molly Kintzley requesting a variance was presented to the Board.  The Application requested a setback variance to allow construction of a porch cover to be located 13.8 feet from the road easement and a second story addition to be located 23.2 feet from the road easement rather than the required minimum of 25 feet in the O-Open zone.

 

Action:  Joseph Wise moved and Jason Wolfe 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.

 

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

 

 

File No:                       #15-BOA1045  (Weixelman Setback Variance)

Owner/Applicant:       Gary Weixelman

 

Request:   The Application of Gary Weixelman, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a deck addition to be located 3 feet from the property line rather than the required minimum of 7 feet in the R-Residential zone.

 

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

 

 

File No:                       #15-BOA1043  (Secher Setback Variance)

Owners/Applicants:    Craig and Molly Secher

 

Request:   The Application of Craig and Molly Secher, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an addition to an existing cabin to be located 7 feet from the platted right-of-way known as Lone Pine Road and an existing out building to remain located within the right of way of Lone Pine Road rather than the required minimum of 25 feet for both in the O-Open zone.

 

Action:  Joseph Wise moved and Jason Wolfe 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 development.

 

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

 

 

File No:                       #15-BOA1044  (Lewis Setback Variance)

Owners/Applicants:    Jennifer and Neil Lewis

 

Request:   The Application of Jennifer and Neil Lewis, requesting a variance was presented to the Board.  The Application requested a setback variance to change the nonconforming status of an existing residence that is 59 feet from the centerline of Prospect Road/County Road 44 where 100 feet is the required minimum. Changing the nonconforming status to conforming will allow for expansion of the residence in a conforming way without the need of an appeal to the allowable square footage. 

 

Action:  Joseph Wise moved and Jason Wolfe 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 development.

 

Board members Jason Wolfe, 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 7:15 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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