MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

 

April 24, 2007

 

            The regular meeting of the Larimer County Board of Adjustment was held in the County Board Hearing Room in the Larimer County Courthouse, Fort Collins, Colorado at 7:00 p.m., April 24, 2007.  Members Evelyn King, Jean Christman, Larry Chisesi, Kent Bruxvoort and Eric Berglund were present.  Also in attendance were County Planning Staff members Matt Lafferty and Samantha Mott, and Assistant County Attorney William G. Ressue.

 

            By Motion duly made, seconded and carried, the reading of the Minutes of the meeting of March 27, 2007 was dispensed with and such Minutes were approved with an additional clarification to the Elkaholic Ranch Setback variance that denied any future expansion of the storage building into or within the setback.

 

File No:           #07-BOA0647  (Whitaker Setback Variance)

Owner:            Terry and Anne Marie Whitaker

Applicant:       Terry and Anne Marie Whitaker

Property Description:

 

TR IN SE 1/4 21-8-69 DESC AS BEG AT PT WH BEARS N 0 8' E 333.33 FT, W 50 FT, N 0 8' E 81.49 FT FROM SE COR 21-8-69; W 586.44 FT; N 0 8' E 68.51 FT; E 586.44 FT; S 0 8' W 68.51 FT TPOB (C14N0008E)

 

            The Application of Terry and Anne Marie Whitaker, requesting three setback variances was presented to the Board.  The Application requested setback variances upon the above-described property in the RE-Rural Estate zone to (1) allow a new home to be 10 feet from the north side property line and 15 feet from the south side property line; (2) to allow an existing residence, which will be converted into an accessory building, to remain 18 feet from the north side property line and 66.5 feet from the centerline of North Taft Hill Road and to be expanded to be 19 feet from the south side property line; and (3) to allow an existing 28 square-foot building located over a wellhead to remain 13.7 feet from the north side property line and 60.8 feet from the centerline of North Taft Hill Road.  The required setbacks for the property are 25 feet from the side property lines and 100 feet form the right-of-way centerline of North Taft Hill Road.

 

            The Board having heard the testimony and arguments concerning the Application, and having reviewed the record and being fully advised in the premises adopted the following findings:

 

Findings

 

1.         This hearing has been duly advertised in a newspaper of general circulation as required by law.

 

2.         The property location is SE 21-8-69; 3711 North Taft Hill Road (N County Road 19), Fort Collins; located approximately ˝ mile north of the intersection of North Taft Hill Road and Highway 287.

 

3.         Site data is as follows:

 

a.         Land Area:                               0.92 Acres

b.    Proposed Use:                          Single Family Residence

c.    Existing Zoning:             RE-Rural Estate

d.    Surrounding Zoning:                  RE-Rural Estate

e.    Existing Land Use:                    Single Family Residence

f.    Surrounding Land Uses:            Residential

g.    Access:                                    Taft Hill Road

 

4.         The applicant requests a setback variance to allow a new home to be 10 feet from the north side property line and 15 feet from the south side property line.  The new home is encroaching into the side setbacks, but is not coming any closer than the setback requirements for the adjacent properties to the north and west. 

 

5.         The applicant is also requesting a setback variance to allow the existing residence, which will be converted into an accessory building, to remain in its current location of 18 feet from the north side property line and 66 ˝ feet for the centerline of North Taft Hill Road (historically where the font porch existed) and be expanded to be 19 feet from the south side property line.  The existing home will not come any closer to the north side property line or to the centerline of North Taft Hill Road than the original building, but is expanding further into the south side setback.

 

6.         In addition, the applicant is requesting to allow a 28 square foot building located over a wellhead to remain 13.7 feet from the north side property line and 60.8 feet from the centerline of North Taft Hill Road.  The structure over the wellhead is not visible from North Taft Hill Road.

 

7.         There are no major issues or concerns with the requests.

 

8.         There were no persons in attendance who objected to the requests.

 

9.         The applicable review criteria for the variances have been met as follows:

 

A.   There are special circumstances or conditions, such as exceptional topographic conditions, narrowness, shallowness or the shape of property, or other extraordinary and exceptional situation or condition of such piece of property, that are peculiar to the land or structure for which the variances are requested.

 

The 0.92 acre property is a long and narrow lot.  The lots surrounding the property to the north and west are part of the Ideal Heights Subdivision created prior to 11/29/73 and, therefore all have side setbacks of 5 feet and rear setbacks of 10 feet.  The lot to the south of the subject parcel was created in 1975 at the same time as the subject lot and therefore has the same 25 foot side and rear setback requirements. 

 

B.   The special circumstances are not the result of actions or inactions by the applicant or the current owner.

 

The above circumstances are not the result of action or inaction of the applicant.  The property’s physical characteristics and location were not created or altered by the applicant. 

 

                        C.        The strict interpretation and enforcement of the Land Use Code provisions listed above would deprive the applicant of rights commonly enjoyed by           other land in the area or land with the same zoning designation and would cause an         unnecessary and undue hardship.

 

Because of the long and narrow shape of the lot, strict interpretation and enforcement of the provisions of the Code would cause unnecessary and undue hardship. The lot is only 68.51 feet wide.  Therefore, new buildings can only be 18.51 feet wide unless a variance is granted.  There are other buildings in the immediate area that encroach into the required setbacks because they were either granted a variance or were built prior to the setback requirements.  If denied this request, the owners would be denied a similar right.

 

            D.        Granting the variances is the minimum action that will allow use of the land or structure.

 

Granting the variances is not the minimum action that will allow use of the land and structure.  However, because of the narrowness of the lot the property only has a small area, 18.51 feet wide, allowable for building without a variance.  In addition, the existing residence already encroaches into the front and side setbacks. The outbuilding covering the wellhead is a relatively new structure, but it is only 28 square feet and serves to cover the existing wellhead and is less than 6 feet closer to North Taft Hill Road than the original footprint of the existing residence.  The lot has a berm built up in front of the existing residence between the building and North Taft Hill Road that completely obscures the view of the structure over the existing wellhead.

 

            E.         Granting the variances will not result in a substantial adverse impact on other property in the vicinity of the subject land or structure.

 

It is not anticipated that granting the variances would adversely affect any neighbors or their property.  No objections have been received by any of the neighboring property owners at this time. 

 

                       

 

                        F.         Granting the variances is consistent with the purpose of the Land Use     Code and the Master Plan.

 

Granting the variances is consistent with the purpose of the Land Use Code and the Master Plan because it will allow the owners reasonable use of their land and will not adversely impact neighboring properties or their owners.

 

            G.        The recommendations of referral agencies have been considered.

 

Referral agency comments are noted in the next section “Other Review Agency Comments”.  No objections were offered from other agencies or departments.

 

10.       To approve this request would promote the harmonious development of the area, would be in the best interest of the people of Larimer County, would promote the convenience, prosperity and general welfare of the applicant and the immediate inhabitants of the area, and would be in consonance with the intent and purposes of the Larimer County Land Use Code.

 

Eric Berglund moved and Kent Bruxvoort seconded the Motion that the Board adopt the following Resolution:

 

Resolution

 

WHEREAS, the Board having adopted its Findings and said Findings being incorporated in this Resolution by this reference as though fully set forth herein;

 

NOW, BE IT RESOLVED that applicants be and they hereby are granted their setback variances as requested subject to 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.    Issuance of a permit to install a new septic system will be required at the time a building permit is requested for the new home.

 

4.    The total ground floor area of all storage buildings and garages on a lot can not exceed ten percent of the lot’s net area.

 

5.         Prior to the issuance of a certificate of occupancy for the new home authorizing the use and occupancy of the home, the owners will need to obtain a change of occupancy /remodel permit and all required inspection approvals to change the existing home into an approved accessory building.

 

6.         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.

 

BE IT FURTHER RESOLVED, that if this action involves approval of a use (or expansion of a use) not otherwise permitted on the subject property, and if in the future the subject property is divided, then this action shall only pertain to one parcel resulting from any such division(s) and the Board of County Commissioners shall in its discretion determine which one of the resulting parcels shall enjoy the benefits of this action.

 

The question was called and members Evelyn King, Jean Christman, Larry Chisesi, Kent Bruxvoort and Eric Berglund voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the variances were granted subject to conditions.

 

 

 

                                                     ***

 

By Motion duly made, seconded and carried, the meeting was adjourned at 7:10 p.m.

 

 

APPROVAL OF MINUTES

 

            By Motion duly made, seconded and carried the above and foregoing minutes were approved on the _____ day of __________________, 2007.

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                By:       __________________________________________

 

 

 

 

 

ATTEST:

 

 

 

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