Loveland Bike Trail
 

MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

 

August 26, 2008

 

            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., August 26, 2008.  Members Peter Bohling, Eric Berglund, Matt Strauch, and Alan Cram were present.  Also in attendance were County Planning Staff member Samantha Mott and Assistant County Attorney William Ressue.

 

            By Motion duly made, seconded and carried, the reading of the Minutes of the meetings of May 27, 2008 and July 22, 2008 was dispensed with and such Minutes were approved.

 

File No:           #08-BPA0725  (Wolcott Setback Variance)

Owner:           Wolcott 8 Properties, LLC / Jerry Wolcott

Applicant:      Wolcott 8 Properties, LLC / Jerry Wolcott

Property Description:

 

LOT 1, WOLCOTT MLD NO 01-S1730, SITUATE ON A PORTION OF THE SOUTHEAST QUARTER OF SECTION 7, AND THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO

 

            The Application of Wolcott 8 Properties, LLC, Jerry Wolcott appearing, requesting a variance was presented to the Board.  The Application requested a setback variance upon the above-described property to allow a portable bandstand to be located 4 feet from the west property line rather than the required minimum of 10 feet in the C-Commercial 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:

 

Findings

 

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

 

2.         The property location is SE Quarter of Section 7, Township 7 North, Range 68 West; 1903 E. Lincoln Ave., between Airpark and Industrial Drive on Lincoln Ave.          

 

 

 

 

 

 

3.         Site data is as follows:

 

a.         Land Area:                              1.62 Acres

b.    Proposed Use:                         Commercial

c.    Existing Zoning:                     C -Commercial

d.    Surrounding Zoning:               I-Industrial, C-Commercial

e.    Existing Land Use:                 Commercial

f.    Surrounding Land Uses:         Commercial (varies)

g.    Access:                                    Lincoln Avenue

 

4.         The property is in an area of Larimer County where land use decisions are guided by the East Mulberry Corridor Plan.  This Plan has been adopted by both the City of Fort Collins and Larimer County to act as the guiding land use plan for the area on the north and south sides of Highway 14 (Mulberry Road) from I-25 west to City limits.  The development on this lot is consistent with the adopted East Mulberry Corridor Plan, which illustrates a commercial land use for this area of the Corridor. 

 

5.         The property went through a Planned Land Division/ Planned Development (PLD/PD) and was approved by the Board of County Commissioners on May 12, 2008.  The PLD subdivided the property to accommodate two commercial lots and the PD rezoned the property to be consistent with the City of Fort Collins’ zoning requirements.  The Hideout Bar, the subject of this variance request, is located on the west lot.  It was approved by site plan in 2007 (File# 07-SP0207).  The east lot may become a motorcycle repair shop. 

 

6.         When this parcel went through the PD rezoning process the intent was that the new zoning requirements be consistent with the zoning of the applicable municipality.  The rezoning of this lot calls for a side setback of 10 feet.  The County applies setback requirements to all buildings, however the City of Fort Collins does not apply setbacks to portable bandstands.  (E-mail from Shelby Sommer dated May 30, 2008.)

 

7.         The subject site fronts onto Lincoln Avenue. Adjacent to the property on the west is a restaurant; to the east is an import car dealer/ repair shop.  There are various commercial uses to the north including a brewery, granite business, and a fencing company, and to the south are various commercial and industrial uses including a rent-to own store, a warehouse, and a truck repair facility.

 

8.         There are no major issues or concerns with the request.

 

9.         There were no persons in attendance who objected to the request.


 

10.       The applicable review criteria for the variance 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 variance is requested.

 

The property is in the Fort Collins Growth Management Area and it was subdivided and rezoned to be consistent with the zoning requirements of the City of Fort Collins.  Although the County requires all buildings to meet setbacks, portable bandstands within the City are not required to meet setbacks.

 

            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. 

 

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.

 

Strict interpretation and enforcement of the provisions of the Code would cause an unnecessary and undue hardship because the property was rezoned to be consistent with the City of Fort Collins zoning requirements and portable bandstands within the City do no need to meet setbacks.

 

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

 

This review criteria is inapplicable due to the special circumstances regarding the rezoning of this lot.

 

            E.        Granting the variance 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 variance 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 variance is consistent with the purpose of this Code and the Master Plan.

 

Granting the variance is consistent with the purpose of the Code and the Master Plan because it is consistent with the East Mulberry Corridor Plan.  Granting the variance will allow the owner reasonable use of the land and will not adversely impact neighboring properties or their owners. 

 

            G.        The recommendations of referral agencies have been considered.

 

Referral agency comments have been considered.  No objections were offered from other agencies or departments.

 

11.       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.

 

Alan Cram moved and Matt Strauch 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 variance 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 on the property shall conform to the required setbacks as defined by the Land Use Code and must obtain approval through the applicable County review process.

 

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.

 

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 Peter Bohling, Eric Berglund, Matt Strauch, and Alan Cram voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the setback variance was granted subject to conditions.

 

File No:           #08-BOA0724  (Hobson Setback Variance)

Owner:           Kingsley Hobson & Sara Styer

Applicant:      Kingsley Hobson & Sara Styer

Property Description:

 

LOT 13, BLOCK 2, CONTINENTIAL NORTH SUBDIVISION, COUNTY OF LARIMER, STATE OF COLORADO

 

The Application of Kingsley Hobson and Sara Styer, requesting a variance was presented to the Board.  The Application requested a setback variance upon the above-described property to allow the construction of a detached garage on the property.  The proposed structure would be located 10 feet from the front property line rather than the required minimum of 25 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:

 

Findings

 

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

 

2.         The property location is NE-31-7-69; 3808 Soderburg Drive, Fort Collins; located on Lot 13, Block 2, Continental North Subdivision 2nd Filing, located approximately 200 feet north of the intersection of Soderburg Drive and Inlet Court.

 

3.         Site data is as follows:

 

a.         Land Area:                              0.26 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, Park

g.         Access:                                    Soderburg Drive

 

4.         The applicant proposes to construct a detached garage on the property.  The proposed structure would be located 10 feet from the front property line.  The O-Open zoning district requires 25 feet from the front property line for lots created prior to November 29, 1973, as indicated in Section 4.1.5.B.2 of the Larimer County Land Use Code.

 

            5.         The Larimer County Development Services Team has no major issues or concerns with this request.

 

6.         There were no persons in attendance who objected to the request.

 

7.         The applicable review criteria for the variance 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 variance is requested.

 

The lot is 0.45 acres in size.  The property has significant slopes.  This site constraint severely restricts the area where the proposed building could be located.

 

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 provisions of the Code would cause on unnecessary and undue hardship.

 

Because of the topography of the lot, strict interpretation and enforcement of the provisions of the Code would cause on unnecessary and undue hardship.  There are other buildings along Soderburg Drive and in the immediate vicinity that do not meet the required setback distance 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 variance is the minimum action that will allow use of the land or structure.

 

There currently exists a single family dwelling on the property.  Granting the requested variance is the minimum action that will allow the applicant to construct and use the proposed detached garage.

 

E.        Granting the variance 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 variance 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 variance is consistent with the purpose of this Code and the Master Plan.

 

Granting the setback variance would not impair the intent and purpose of the Code or Master Plan.  Granting the variance will allow the owner reasonable use of the land and will not adversely impact neighboring properties or their owners.

 

G.        The recommendations of referral agencies have been considered.

 

Referral agency comments have been considered.  No objections were offered from other agencies or departments.

 

8.         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.

 

Alan Cram moved and Matt Strauch 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 variance 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 on the property shall conform to the required setbacks as defined by the Land Use Code and must obtain approval through the applicable County review and planning process

 

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.

 

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 Peter Bohling, Eric Berglund, Matt Strauch and Alan Cram voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the setback variance was granted subject to conditions.

 

 

Other Business

 

            The matter of electing the Chair for the Board of Adjustment for the following twelve months was brought before the Board.  Matt Strauch nominated Evelyn King. Alan Cram nominated Eric Bergland.  Each member cast his votes by written anonymous ballot.  By majority vote Eric Bergland was elected Chair to the Board.

 

***

 

By Motion duly made, seconded and carried, the meeting was adjourned at 7:13 p.m.

 

 

APPROVAL OF MINUTES

 

            By Motion duly made, seconded and carried the above and foregoing minutes were approved on the _____ day of __________________, 2008.

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                By:      __________________________________________

 

 

 

 

 

ATTEST:

 

 

 

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Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.