MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

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

 

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

 

Staff Present:                          Savanah Benedick-Welch, County Planner, and William G. Ressue, Deputy County Attorney       

 

Minutes:  Tom Peterson moved and Jeffrey Schneider seconded the Motion to approve the November 22, 2016 Minutes of the Larimer County Board of Adjustment as presented. Board members 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 Tom Peterson seconded the Motion to approve the following Findings and Resolutions: Owsley Setback Variance (#16-ZONE2077), Splittgerber Setback Variance (#16-ZONE2079), and Coonen Setback Variance (#16-ZONE2078).  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:  #16-ZONE2088 (Secor Setback Variance)

Owners/Applicants:  Raymond and Ann Secor

 

Request: The Application of Raymond and Ann Secor requesting a variance was presented to the Board.  The Application requested a setback variance to allow a proposed garage to be located 8 feet from the rear yard property line rather than the required minimum of 25 feet in the R-Residential zone.

 

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.  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.    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.

 

3.    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

 

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

 

File No:  #16-ZONE2092  (Ryan-Joyce Setback Variance)

Owners/Applicants:  Mike Ryan and Linda Joyce

 

Request: The Application of Mike Ryan and Linda Joyce, requesting three setback variances, was presented to the Board.  The Application requested setback variances to allow i) an existing cabin to be located 14' from the side property line rather than the required minimum of 25' and to be located 51' from the centerline of a nearby stream rather than the required minimum of 100'; ii) an existing shed to be located 43' from the centerline of a nearby stream rather than the required minimum of 100’; and iii) an existing outhouse to be 97' from the centerline of a nearby stream rather than the required minimum of 100’ in the O-Open zone.

 

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.  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 approvals 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, Carol Dowding, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.  The Application was approved with conditions.

 

The following applications were approved after discussion:

 

File No:  #16-ZONE2093  (Grilli Setback Variance)

Owners/Applicants:  Zackary Grilli and Xiaohan Wang

 

Request: The Application of Zackary Grilli and Xiaohan Wang, requesting four setback variances, was presented to the Board. The Application requested setback variances to allow, i) the wall of a single-family residence to be located 4.1' from the side yard property line rather than the required minimum of 5'; ii) to allow the wall’s eaves to be located 2'7" from the side yard property line rather than the 5’ minimum requirement; iii) to allow the window well to be located 2.1’ from the side yard property line rather than the minimum 5' as required for architectural features; and iv) to allow a 77' setback for the single family residence from the centerline of Overland Trail (Annexed Arterial Road) rather than the required minimum of 110' feet in FA-Farming zone.

 

Action:  The request was removed from the consent agenda for a full proceeding.  Joseph Wise moved and Jeffrey Schneider 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.         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.

 

3.         The eaves on the north side of the building must be located no closer than 3’ from the property line [WGR1]  ...?and be one-hour fire-rated construction on the underside.

 

4.         The window well on the north side of the building must be filled in or must be at least 3’ from the north property line.

 

5.         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.

 

6.         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.

 

7.         No mechanical equipment may be located within 3’ of the northern property line.

 

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

 

File No:  #16-ZONE2090  (Glen Haven Town Hall Setback Variance)

Owner: Glen Haven Association

Applicant: Jake Shimon, President

 

Request: The Application of Jake Shimon on behalf of Glen Haven Association requesting three setback variances was presented to the Board. The Application requested setback variances to allow, i) a new Glen Haven Town Hall to be constructed 1 foot from the edge of CR 43 when Section 4.1.16.B.2.a requires a minimum of 25 feet and ii) a variance from Section 4.9.1.B which requires a minimum of 100 feet from the centerline of a Major Collector Road, and iii) to allow the structure to be closer than 100 feet to the centerline of West Creek as required by Section 4.9.2.A. of the Land Use Code all contained in the T-Tourist zone.

 

Action:  The request was removed from the consent agenda for a full proceeding.  Tom Peterson moved and Jeffrey Schneider 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.    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. 

 

3.    This approval shall automatically expire in one year unless the applicant takes affirmative action consistent with this approval.

 

4.    Prior to foundation inspections, 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.    This approval shall only be for the structure’s proposed location, an appeal to any development standard must be approved by the appropriate authority at the time an application is made. 

 

Board members 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 7:00 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

__________________________________


 [WGR1]Jen-  I remember that there were 2 options being discussed-  the first option was as you have stated here (the eaves can be no closer than 3’ to the property line); the 2nd option was to add in a reference to fire rating if the eaves were within the 3’.  I don’t recall where the BOA landed, but my notes imply it was the first option.  Please check with Savanah on what she recalls.