MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(December 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 6:00 p.m., December 22, 2015 at which time the following business was transacted. 

 

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

 

Staff Present:                          Karin Madson, County Planner, and William G. Ressue, Senior County Attorney         

 

Minutes:  Jeffery Schneider moved and Tom Peterson seconded the Motion to approve the November 24, 2015 Minutes of the Larimer County Board of Adjustment as presented. Board members Joseph Wise, Carol Dowding, Jeffrey Schneider and Tom Peterson and voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Jeffery Schneider moved and Tom Peterson seconded the Motion to approve the following Findings and Resolutions: Meyer/Smith Setback Variance (#15-BOA1049).  Board members 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:           #15-BOA1054  (Mackay Setback Variance)

Owner(s):        Bruce Mackay and Carla Castle

Applicant(s):   Bruce Mackay and Carla Castle

 

Request: The Application of Bruce Mackay and Carla Castle, requesting a variance was presented to the Board.  The Application requested a setback variance to allow construction of a new garage addition 93 feet from the centerline of W. County Road 56, rather than the required 100 feet per Section 4.9.1.B and 0 (zero) feet from the Four Star Court road easement rather than the 25 feet required by Section 4.1.8.B.2.A of the Larimer County Land Use Code.

 

Action:  Jeffery Schneider moved and Tom Peterson 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, 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 Wise, Dowding, Schneider and Peterson voted in favor of the Motion.  The Application was approved with conditions. 

 

File No:           #15-BOA1052  (Campbell Setback Variance)

Owners:           Daniel Campbell and Mark Lapole

Applicants:      Daniel Campbell and Mark Lapole

 

Request: The Application of Daniel Campbell and Mark Lapole, requesting a setback variance to allow a new barn to be constructed 47 feet from an un-named stream and 80 feet from Spring Gulch, rather than the 100 feet required by Section 4.9.2.A of the Larimer County Land Use Code.

 

Action:  Jeffrey Schneider moved and Tom Peterson 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, 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 owner shall obtain any required state permits for the relocation of the stream.

 

6.         Prior to issuance of a certificate of occupancy the owner must also provide a certification signed and sealed by a professional engineer that all drainage improvements have been completed as per the design by Van Horn Engineering.

 

7.         During the construction of the barn, erosion control measures must be used to eliminate any silt or materials from entering the drainage way.  In addition, all disturbed areas must be properly re-vegetated as soon as practicable. 

 

8.         Prior to issuance of the building permit the owner must provide the County Planning and Engineering Departments’ evidence that they have obtained the U.S. Army Corps of Engineers Permit for the stream relocation and that they have complied with all the requirements of that permit.

 

The question was called and members Wise, Dowding, Schneider, and Peterson voted in favor of the Resolution. The Findings and Resolution were duly adopted and the setback variances were granted subject to conditions.

 

Discussion Applications:

 

The following application was ruled on after discussion by the Board:

 

File No:           #15-BOA1052  (Emery Setback Variance).

Owners:           Richard and Lori Emery

Applicants:      Richard and Lori Emery

 

Request: The Application of Richard and Lori Emery, requesting a setback variance upon the above described property to allow construction of a new garage 10’8” from the edge of road/property line rather than the minimum of 25 feet required by Section 4.1.5.B.2.a of the Larimer County Land Use Code.

 

Action:  Joseph Wise moved and Tom Peterson 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. 

 

5.         The applicant should avoid overnight parking within the right-of-way. 

 

            The question was called and members Wise, Dowding, Schneider, and Peterson voted in favor of the Resolution. The Findings and Resolution were duly adopted and the setback variances were granted subject to conditions.

 

 

 

 

Adjournment:  The meeting was adjourned at approximately 7:00 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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