MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT
April 28, 2009
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 28, 2009. Members Jean Christman, Eric Berglund, Evelyn King, Greg Christensen, and Matt Strauch were present. Also in attendance were County Planning Staff member Samantha Mott and Deputy County Attorney Jeannine S. Haag.
By Motion duly made, seconded and carried, the reading of the Minutes of the meeting of February 24, 2009 was dispensed with and such Minutes were approved.
File No: #09-BOA0746 (Mountain Setback Variance Extension)
Owner: Randall and Noel Bryan
Applicant: Randall and Noel Bryan
COM 250 FT E OF SW COR OF NW OF NW 22-5-72, TH N TO S BANK BIG T RIV; TH E 50 FT; TH S TO S LN OF NW OF NW SD SEC 22; TH W 50 FT TO BEG
The Application of Randall and Noel Bryan, Noel Bryan appearing, requesting an extension of time for compliance with the conditions of approval of the original Mountain Setback Variance 05-BOA0584 upon the above-described property was presented to the Board. The variance allowed a proposed replacement single-family dwelling to be located 15 feet from the edge of an established road and 90 feet from the centerline of the Big Thompson River, rather than the respective minimum requirements of 25 feet and 100 feet in the O-Open zone.
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:
1. This hearing has been duly advertised in a newspaper of general circulation as required by law.
2. The property location is NW 22-5-72; 2528 “T” Big Thompson Canyon, located about 2 ½ miles northeast of Lake Estes.
3. Site data is as follows:
a. Land Area: 0.42 Acres
b. Proposed Use: Single Family Residence
c. Existing Zoning: O-Open
d. Surrounding Zoning: O-Open
e. Existing Land Use: Single Family Residence
f. Surrounding Land Uses: Residential, recreational
g. Access: U.S. Highway 34
4. The applicant was granted a variance (File #05-BOA0584) by the Board of Adjustment in January 2006. The application was for a new residence to be located 90 feet from the center of the Big Thompson River and 15 feet from the edge of the road, rather than the required setbacks of 100 feet and 25 feet, respectively. The standard expiration period for a variance is one year from date of approval. The applicant is requesting one additional year to act on the variance.
5. There is an existing residence on the subject property. The applicant proposes to demolish and remove the existing residence in order to replace it. The current building is located 90 feet from the center of the Big Thompson River and 15 feet from the edge of an established road.
6. Building permits were issued in 2006 for a footing and foundation for a replacement single family residence and to demolish the existing residence. Both permits have expired and no inspections were ever requested.
7. There are no major issues and has no concerns with this extension request. All other conditions of the original variance will remain in effect with this extension request.
8. There were no persons in attendance who objected to the request.
9. 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.
Jean Christman moved and Matt Strauch seconded the Motion that the Board adopt the following 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 one year time extension 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. The applicant shall apply for a building permit for the proposed building and obtain all final inspections as necessary to finalize the permit.
3. Prior to issuance of a certificate of occupancy for the new home, the existing home must be removed from the property. A new demolition permit for the existing home must be obtained prior to demolishing the home.
4. After the applicant applies for a building permit, 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.
5. All future additions or buildings on the property shall conform to the required setbacks as defined by the Land Use Code and must obtain approval through the proper County review and planning process.
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.
The question was called and members Jean Christman, Eric Berglund, Evelyn King, Greg Christensen, and Matt Strauch voted in favor of the Resolution. The Findings and Resolution were duly adopted and the extension was granted subject to conditions.
Staff member Samantha Mott informed the Board of recent changes to the Land Use Code concerning setbacks, fences, reverse corner lots, and relocation and clarification of various provisions.
By Motion duly made, seconded and carried, the meeting was adjourned at 7:15 p.m.
APPROVAL OF MINUTES
By Motion duly made, seconded and carried the above and foregoing minutes were approved on the _____ day of __________________, 2009.
LARIMER COUNTY BOARD OF ADJUSTMENT