Loveland Bike Trail
 

MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

 

February 24, 2004

 

            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., February 24, 2004.  Members Jeanne Laudick, Kent Bruxvoort, MaryAnne Martell, Evelyn King and Vincent Costanzi were present.  Also in attendance were County Planning Staff members Al Kadera and Casey Stewart and Assistant County Attorney Jeannine S. Haag.

 

            By Motion duly made, seconded and carried, the reading of the Minutes of the meeting of January 27, 2004 was dispensed with and such Minutes were approved with the following correction:  Planning Staff Member Al Kadera was not present.  Planning Staff Member Russ Legg was in attendance.

 

File No:           #03-BOA0419

Owner:            Larimer County Parks and Open Lands

Applicant:       Werthwhile Enterprises, LLC / Glen Werth

Property Description:

 

BEG AT CEN ¼ COR 31-7-69, TH ALG S LN OF NE ¼ 31-7-69 S 89 57’ 40” E 100 FT, N 6 15’ W 400 FT, N 24 E 300 FT, N 10 E 470 FT, S 57 E 300 FT, S 27 47’45” E 1098.6 FT, TH E TO E 1/16 COR, N 0 4’57” E 1304.32 FT, N 89 56’ E 1317.42 FT, TH S ALG E LN TO E ¼ COR, TH S TO SE ¼ COR, TH W TO S ¼ COR, N 89 47’ 13” W 942.45 FT, N 0 0’ 47” W 655.22 FT, S 89 52’ 49” E 948.56 FT, TH N ALG N/S C/L TPOB.

 

At its October 28, 2003 meeting, the Board preliminarily approved Applicant Werthwhile Entertprises, LLC/Glen Werth’s request for a variance to construct a boat storage building.  Subsequently, Tom and Carol Dougherty filed with this Board their request to reconsider and/or rescind the preliminary approval.  As a result, this Board did not take final action to approve the variance. 

 

Applicant, by letter from Applicant’s attorney Bill Wyatt dated February 23, 2004, has now withdrawn the variance application.  As a result, the Board’s preliminary approval of the variance is vacated.  Doughertys’ request to reconsider and/or rescind the preliminary approval is therefore moot and no Board action as to that request is required.

 

File No:           #04-BOA0442

Owner:            Mary A. Gallegos

Applicant:       Loretta Gallegos

Property Description:

 

All that parcel of land in City of Fort Collins, Larimer County, State of Colorado, as more fully described in deed Inst #94026227, ID# 9922000035, being known and designated as a tract of land situate in the SW ¼ of Section 22, Township 9 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which, considering the South line of said SW ¼ as bearing North 89°47'16" East and with all bearings contained herein relative thereto, is more particularly described as follows: Beginning at a point from whence the Southwest corner of said Section 22 bears South 01°05'08" West 1314.82 feet; thence North 89°37'52" East 2235.60 feet; thence South 85°32'30" East 377.23 feet; thence North 76°58'00" West 117.15 feet; thence North 87°49'30" West 232.22 feet; thence North 14°11'30" West 308.02 feet; thence North 07°02'50" West 153.06 feet; thence North 16°08'50" West 175.68 feet; thence North 01°06'40" East 135.14 feet; thence North 89°47'27" West 2126.30 feet; thence South 00°05'59" East 782.44 feet to the Point of Beginning, County of Larimer, State of Colorado.

 

            The Petition of Loretta Gallegos, requesting a setback variance was presented to the Board.  The Petition requested a variance upon the above-described property to allow an addition to a nonconforming residence to be located 69 feet from centerline of a designated minor collector (N. County Road 19), rather than the required minimum of 100 feet from the centerline in the O-Open zone.

 

            The Board having heard the testimony and arguments concerning the Petition, 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.         There were no persons in attendance who objected to the request.

 

3.         The property location is SW ¼ of 22-09-69; 9950 N. County Road 19, approximately ¼ mile north of County Road 66.

 

4.         Site data is as follows:

 

a.         Land Area:                               37.5 Acres

Proposed Use:                          Farmstead addition

b.    Existing Zoning             O-Open

c.    Surrounding Zoning:                  O-Open

d.    Existing Land Use:                    Farm/Farmstead

e.    Surrounding Land Uses:            Agricultural, Residential

f.    Access:                                    N. County Road 19

 

5.         Applicant requests a setback variance to allow a non-conforming building to encroach further into the required setback from N. County Road 19. The existing building, built circa 1963, is setback 75' rather than the required 100' minimum setback from the centerline of a minor collector (N. County Road 19). The owner proposes to add to the living area of the residence, which includes a portion extending six feet closer to the road, leaving a final setback of 69 feet from the centerline of the road. Granting the variance would bring the entire structure into conformity.

 

6.         The Development Services Team is concerned with the possible use of the residence as a guest quarters. If this is the intention, the guest quarters must comply with regulations for guest quarters that are in affect at the time of application. One of those requirements is that the guest quarters be limited in size to 40% of the size of the current building. The addition appears to be larger than 40%.

 

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, that are peculiar to the land or structure for which the variance is requested.

 

            The existing structure, built approximately in 1963 and prior to current setback requirements, is located 75 feet from the N. County Road 19 centerline.

 

                          B.       The special circumstances are not the result of action or inaction by the applicant.

 

            The special conditions were not created by any action or inaction of the applicant or current property owner.  The existing residence was constructed before the adoption of the current regulations regarding road classification and setbacks.

 

            C.        The strict interpretation and enforcement of the provisions of the code 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.

 

            Although there are no known other properties in the area that enjoy the same right, the strict enforcement of setbacks would cause the owner an undue hardship by preventing reasonable improvements to the building.

 

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

 

            Granting the variance request is the minimum action that will allow the proposed additions to the building and continue use of it as a residence.

 

            E.         Granting the variance will not adversely affect other property in the vicinity of the subject land or structure.

 

            It is not anticipated that granting the variance will adversely affect neighboring properties. 

 

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

 

            Granting the variance requested would not impair the intent and purpose of the Land Use Code or Master Plan.

 

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.

 

Jeanne Laudick 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 petitioner be and she hereby is granted her variance as requested subject to the following conditions:

 

1.         If the use of the residence will involve a guest quarters, the owner shall comply with all regulations for guest quarters at the time of application for a building permit.

 

2.         Failure to comply with any conditions of this variance approval may result in reconsideration of the use and possible revocation of the approval by the Board of Adjustment.

 

BE IT FURTHER RESOLVED, that in the event the Petitioner Loretta Gallegos not act upon the variance granted herein by using the above-described property in accordance with this granted variance within one year from the date of this Resolution, this Resolution shall be null and void and of no further force and effect unless upon good cause shown to this Board, and said period of time shall have been extended; such application for an extension of time shall be made by Petition to this Board on or before one year from the date of this Resolution.  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 Jeanne Laudick, Kent Bruxvoort, MaryAnne Martell, Evelyn King and Vincent Costanzi voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the variance was granted subject to conditions.

 

File No:           #04-BOA0443

Owner:            Larimer County (25%), City of Fort Collins (50%), City of Loveland (25%)

Applicant:       Larimer County Natural Resources, Cheryl Kolus

Property Description:

 

The North ½ of Section 9, Township 6 North, Range 69 West of the 6th P.M. [Parcel No. 96090-00-901].

 

Encompassing 324.9 net acres, more or less (excluding Taft Hill Road Right-of-way). Owned jointly by the City of Fort Collins (50%), Larimer County (25%) and City of Loveland (25%).

 

            The Petition of Cheryl Kolus, requesting a sign variance was presented to the Board.  The Petition requested a sign variance upon the above-described property to allow two additional signs for a total of 3 signs at 15 square feet each, rather than minimum requirement of 1 sign of 15 square feet allowed in the I-1 Industrial zone.

 

            The Board having heard the testimony and arguments concerning the Petition, 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.         There were no persons in attendance who objected to the request.

 

3.         The property location is SE 09-06-69; 5887 S. Taft Hill Road, located ½ mile north of Trilby Road on the west side of the road.

 

4.         Site data is as follows:

 

a.         Land Area:                               324.9 Acres

b.         Proposed Use:                          Sign

c.         Existing Zoning             I-1 Industrial

d.         Surrounding Zoning:                  I-Industrial, FA-1 Farming, City of Fort

                                                            Collins

e.         Existing Land Use:                    Landfill, Recycling Center

f.          Surrounding Land Uses:            R-Residential, O-Open

g.         Access:                                    S. Taft Hill Road (County Road 19)

 

5.         The applicant is the Larimer County Department of Natural Resources, who is requesting a variance to allow two additional signs for the existing Recycling Education Center (Garbage Garage). The center already has one existing sign of 15 square feet above the entrance of the building, which faces west, away from the road. The request is for two more signs of the same size – one to be located on the south side, the other on the north side of the building. The property is currently zoned I-1 Industrial which allows one sign up to 90 square feet per principal use. The signs proposed are intended to better identify the building for visitors and traffic on S. Taft Hill Road.

 

6.         The Larimer County Development Services Team (DST) has no major issues or concerns with this 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, that are peculiar to the land or structure for which the variance is requested.

 

            The existing building has one sign of 15 square feet above the entrance.  The entrance faces west, away from S. Taft Hill Road.  Because the building doesn’t face the road, traffic and potential visitors are unable to locate the education center easily and without confusion.  The signs would serve to better identify the building for visitors.

 

                          B.       The special circumstances are not the result of action or inaction by the applicant.

 

            When the building was constructed in its current orientation, signage deficiency was not anticipated.  The building is centrally located with respect to the other administrative and industrial buildings on site, which are oriented similarly.

 

            C.        The strict interpretation and enforcement of the provisions of the code 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 or enforcement of the provisions of the code may cause hardship for people and groups trying to find the recycling education center and cause an unnecessary hardship for the center.

 

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

 

            Granting the variance is the minimum action that will allow the applicant to install the signs and better identify the building.

 

            E.         Granting the variance will not adversely affect other property in the vicinity of the subject land or structure.

 

            It is not anticipated that granting the variance will adversely affect neighboring properties.

 

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

 

Granting the variance requested will not impair the intent and purpose of the Code or Master Plan.

 

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.

 

Jeanne Laudick 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 petitioner be and it hereby is granted her sign variance as requested.

 

BE IT FURTHER RESOLVED, that in the event the Petitioner  not act upon the variance granted herein by using the above-described property in accordance with this granted variance within one year from the date of this Resolution, this Resolution shall be null and void and of no further force and effect unless upon good cause shown to this Board, and said period of time shall have been extended; such application for an extension of time shall be made by Petition to this Board on or before one year from the date of this Resolution.  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 Jeanne Laudick, Kent Bruxvoort, MaryAnne Martell, Evelyn King and Vincent Costanzi voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the variance was granted.

 

 

 

 

 

File No:           #04-BOA0445

Owner:            American Retirement Properties, LLC / Paul Gallenstein

Applicant:       American Retirement Properties, LLC / Paul Gallenstein

Property Description:

 

A tract of land situated in the NW ¼ of Section 15, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows:

 

Considering the North line of the NW ¼ of Section 15, Township 7 North, Range 68 West as bearing South 89°15'00" East as determined by monuments found at the North ¼ corner and the center ¼ corner of said Section 15, and with all bearings contained herein relative thereto:

 

Commencing at the North ¼ corner of said Section 15; thence along the east line of the NW ¼ of Section 15, South 00°07'56" West, 110.26 feet to the true Point of Beginning; thence South 00°15'39" West, 1944.95 feet along the East boundary of said land tract to a NE corner of a tract of land described in deed recorded at Reception No. #99069818; thence North 89°32'23" West; along a North line of said tract (99069818), 1417.34 feet to another corner of said tract (99069818); thence North 00°29'22" East, 403.53 feet to another NE corner (99069818) also being the SE corner of a tract of land described in deed recorded in Book 1877 at page 419; thence North 32°15'02" East, 688.50 feet along the east line of said tract (Book 1877 page 419); thence along the South line of a tract of land described in deed recorded at Reception No. 97047900. South 89°40'58" East 362.73 feet; thence along the east line of said tract (97047900), along a curve concave to the NW having a central angle of 44°15'03" and a radius of 585.00 feet, the chord of which bears North 48°01'15" East, 440.66 feet; thence along the arc of said curve 451.81 feet; thence continuing along said east line (97047900), along a curve concave to the NW having a central angle of 31°56'39" and a radius of 785.00 feet, the chord of which bears North 09°55'24" East, 432.01 feet; thence along the arc of said curve 437.66 feet; thence North 06°02'55" West, 215.77 feet to the NE corner of said tract (97047900); thence North 00°57'01" East, 20.09 feet; thence South 89°02'59" East, 312.99 feet to the True Point of Beginning.

 

Except Improvements located on those parcels described as:

Lots 2-5, 7-17, 72, 77, 79-87, 90-92, 99, 110-122, Waterdale, County of Larimer, State of Colorado, according to the amended land survey plat recorded June 8, 2001 at Reception No. 2001044822.

 

            The Petition of American Retirement Properties, LLC/Paul Gallenstein, requesting to modify conditions of approval of a sign variance was presented to the Board.  The Petition requested a modification to allow a previously approved sign upon the above-described property to remain in its current location for another four years.

 

            The Board having heard the testimony and arguments concerning the Petition, 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.         There were no persons in attendance who objected to the request.

 

3.         The property location is 15-07-68; 4517 E. Mulberry, located ½ mile east of I-25 on the south side of Highway 14 (E. Mulberry).

 

4.         Site data is as follows:

 

a.         Land Area:                               37.61 Acres

b.         Proposed Use:                          Sign

c.         Existing Zoning             M-1 Multi-family

d.         Surrounding Zoning:                  FA-1 Farming, R-1 Residential,

                                                            C-Commercial

e.         Existing Land Use:                    Retirement Community

f.          Surrounding Land Uses:            Residential

g.         Access:                                    E. Mulberry (State Highway 14)

 

5.         In October 2001, the Board of Adjustment granted applicant a sign variance for a sign of 78 square feet. The sign is considered a “for sale” sign.  For Sale signs are allowed on sites to advertise the parcels.  The Land Use Code allows these signs to be no larger than 32 square feet.  One of the conditions of approval of the variance required that the sign be removed either upon full build-out of the retirement community or by October 23, 2003, whichever occurred first.  October 23, 2003 occurred first and the applicant must now obtain approval from the Board to allow the sign to remain.  The applicant has presented a request to modify the afore-mentioned condition to allow the sign to remain another four years.

 

6.         The Larimer County Development Services Team (DST) has no major concerns or issues with this request.

 

7.         The request to modify the previous conditions of approval is justified based on the following considerations:

 

 

            A.        The project is located in a high traffic area on East Mulberry and in a speed zone of 50 miles per hour.  These circumstances contribute to the need of an appropriately-sized sign to identify the project to those senior citizens who are trying to access the site.  The signs would serve to better indicate the public entrances to the property.

 

                    B.       The above circumstances are not the result of action or inaction of the applicant.

 

            C.        Strict interpretation or enforcement of the provisions of the Land Use Code may cause hardship for people trying to find the project.  It is common for subdivisions to have identification signs at subdivision entrances and this site requires a larger sign to accommodate large lettering to aid the senior citizens looking for it.

 

D.        Modifying the conditions of approval is the minimum action that will allow the applicant to maintain the current sign.

 

            E.         It is not anticipated that modifying the conditions of approval will adversely affect neighboring properties.  It is anticipated that the larger sign will serve to eliminate potential confusion of visitors to the site and thus contribute to safer traffic conditions for the general public.

 

F.         Modifying the conditions of approval will not impair the intent and purpose of the Land Use Code or Master Plan.

 

Jeanne Laudick 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 petitioner be and he hereby is granted his petition to modify the conditions of approval of the variance subject to the following conditions:

 

1.         The approval of this request allows the approval of the original variance #01-BOA0257 to extend to October 23, 2007, or until full build-out of the subject property, whichever occurs first.

 

2.         Any future modifications for time extensions will require separate approval.

 

3.         Failure to comply with any conditions of this variance approval may result in reconsideration of the use and possible revocation of the approval by the Board of Adjustment.

 

 

The question was called and members Jeanne Laudick, Kent Bruxvoort, MaryAnne Martell, Evelyn King and Vincent Costanzi voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the request was granted subject to conditions.

 

File No:           #04-BOA0446

Owner:            Gunter J. Preuss and Gloria S. Preuss

Applicant:       Greg Muhonen

Property Description:

 

That portion of Section 14, Township 5 North, Range 71 West of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows; the North ½ of the Northwest ¼ of said Section 14, the Northwest ¼ of the Northeast Quarter of said Section 14, the South ½ of the Northeast ¼ of said Section 14, also that portion of the South ½ of said Section 14 described as follows; BEGINNING at the center corner of said Section 14; thence along the East-West Centerline of said Section 14, South 89°37'00" East 746.56 feet; thence departing said centerline, South 13°50'16" West 538.90 feet; thence North 84°19'00" West 390.72 feet; thence North 34°55'15" West 492.17 feet; thence North 31°35'26" East 100.96 feet to the Point of Beginning;

EXCEPTING therefrom; that portion of the South ½ of the Northeast ¼ of Section 14, Township 5 North, Range 71 West of the 6th P.M., County of Larimer, State of Colorado, containing 35.15 acres, more or less, being more particularly described as follows; Considering the South line of the Northeast ¼ of said Section 14 as bearing North 89°35'31" West and with all bearings contained herein relative thereto; BEGINNING at the Southeast corner of the Northeast ¼ of said Section 14; thence North 64°54'57" West 2001.32 feet; thence North 234.51 feet; thence East 492.47 feet, more or less, to a point on a line that bears South from the Northwest corner of Southeast ¼ of the Northeast ¼ of said Section 14; thence North along said line to the Northwest corner of Southeast ¼ of said Northeast ¼; thence Easterly along the North line of the Southeast ¼ of said Northeast ¼ to the Northeast corner of the Southeast ¼ of said Northeast ¼; thence Southerly along the East line of the Southeast ¼ of said Northeast ¼ to the Southeast corner of the Northeast ¼ of said Section 14 and the POINT OF BEGINNING.

 

            The Petition of Greg Muhonen, requesting a variance was presented to the Board.  The Petition requested a variance upon the above-described property to allow a building height of 47 feet rather than the required maximum of 40 feet in the O-Open zone.

 

            The Board having heard the testimony and arguments concerning the Petition, 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.         There were no persons in attendance who objected to the request.

 

3.         The property location is 14-05-71; 2480 Saddle Notch Road, located approximately 3 miles northwest of Pinewood Lake, west of Loveland.

 

4.         Site data is as follows:

 

a.         Land Area:                               35 Acres

b.         Proposed Use:                          Single Family Residential

c.         Existing Zoning             O-Open

d.         Surrounding Zoning:                  O-Open

e.         Existing Land Use:                    Residential, Agricultural

f.          Surrounding Land Uses:            Agricultural

g.         Access:                                    Saddle Notch Road

 

5.         Applicant, on behalf of the owners, proposes to construct a replacement single-family residence on the subject property.  The new residence, as proposed, would be 47 feet in height, as defined in the Larimer County Land Use Code.  The site is a 35-acre parcel at the base of Sheep Mountain, in the middle of approximately 350 acres that also belong to the owners.  The building is to be constructed out of logs that have unique physical characteristics that are driving the design of the building.

 

6.         The Larimer County Development Services Team (DST) has no major concerns or issues with this 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, that are peculiar to the land or structure for which the variance is requested.

 

            The subject property is in a remote, rural location which lessens the concerns normally associated with building height requirements such as emergency services accessibility, height competitions between neighbors that are intended to deal with urban development.  The building site is located at the base of a mountain and will not project over any ridgelines or inhibit any neighbors’ views.  The nearest neighbor is more than ¼ mile away and will not likely be affected the proposed residence.

           

                  B.        The special circumstances are not the result of action or inaction by the applicant.

 

            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 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 enforcement of the height provisions of the Land Use Code will cause the owners an unnecessary hardship by prohibiting the construction of the residence as designed and prepared.  Although height variances are not a common right enjoyed by others in Larimer County, the reasons mentioned above for enforcing height restrictions do not exist on this property.

 

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

 

            Granting the variance is the minimum action that will allow the owners to construct the house as proposed.

 

                  E.         Granting the variance will not adversely affect other property in the vicinity of the subject land or structure.

 

            It is not anticipated that granting the variance will adversely affect neighboring properties since the nearest neighbor is at least ¼ mile away.  No citizen objections have been received at the time of this report.

 

                        F.         Granting the variance is consistent with the purpose of this code and the Master Plan.

 

            Under certain circumstances granting the variance requested will not impair the intent and purpose of the code or Master Plan.

 

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.

 

Jeanne Laudick 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 petitioner be and he hereby is granted his variance as requested.

 

BE IT FURTHER RESOLVED, that in the event the Petitioner Greg Muhonen not act upon the variance granted herein by using the above-described property in accordance with this granted variance within one year from the date of this Resolution, this Resolution shall be null and void and of no further force and effect unless upon good cause shown to this Board, and said period of time shall have been extended; such application for an extension of time shall be made by Petition to this Board on or before one year from the date of this Resolution.  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 Jeanne Laudick, Kent Bruxvoort, MaryAnne Martell, Evelyn King and Vincent Costanzi voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the variance was granted.

 

File No:           #04-BOA0444

Owner:            Triece Corporation

Applicant:       Triece Corporation / Fred Triece

Property Description:

 

Lot A, SANDER M.L.D. #98-EX-1229 situated in the South Half of Section 3, Township 8 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado.

 

            The Petition of Fred Triece, requesting a lot size variance was presented to the Board.  The Petition requested a variance upon the above-described property to allow a proposed subdivision lot to be 7.59 gross acres rather than the required minimum of 10 acres in the RE-Rural Estate zone.

 

            The Board having heard the testimony and arguments concerning the Petition, 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.         There were persons in attendance who objected to the request based on concerns about lack of safety in sharing a driveway access, the need for the lot size variance being the result of a poor business investment, and the east/west portions of the property not being as segregated as applicant represents.

 

3.         The property location is S ½ of 03-08-69; 1310 W. County Road 60E, located approximately 500 feet due east of the N. County Road 19 and W. County Road 60E intersection.

 

4.         Site data is as follows:

 

a.         Land Area:                               29.2 Acres

b.         Proposed Use:                          Single Family Residential Subdivision

c.         Existing Zoning             RE-Rural Estate

d.         Surrounding Zoning:                  RE-Rural Estate, O-Open

e.         Existing Land Use:                    Residential, Agricultural

f.          Surrounding Land Uses:            Residential, Agricultural

g.         Access:                                    W. County Road 60E

 

5.         The applicant is seeking a lot size variance to allow a lot 7.59 gross acres rather than 10-acres as required in the RE-Rural Estate zoning district. The total size of the subject property is 29.2 acres.  If the lot size variance is approved, applicant will pursue a subdivision of the property into three lots with 2 lots proposed at 10+ acres each, and one lot at 7.59 acres. The entire property is legally described as Lot A of the Sander Minor Land Division, approved in 1998.

 

6.         The applicable review criteria for the request for a 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, that are peculiar to the land or structure for which the variance is requested.

 

                    County Road 60E is adjacent to this property for its entire southern and western boundary. The County Road is not oriented in a typical linear fashion and as a result, narrows and therefore reduces the width of the westerly portion of the property. This property is located in an area that includes topography and ditches believed to be dominant factors in the orientation of County Road 60E, which does not run along a Section line in a uniform manner, but rather is irregular in its orientation. This results in irregular property boundaries for properties adjacent to the road including this property for which this lot size variance is being requested.

 

                    Net lot areas are also reduced due to the Right-of-Way width of 35 feet versus the typical 30 feet of half Right-of-Way.

 

                    Lot A Sander M.L.D. was created when two existing homes were split into separate lots. The orientation of the homes in the relative center of the property created an awkward separation of Lot A into a western 6.59 acre parcel connected to the easterly 20.11 net parcel by a narrow 60 foot strip along the northern extremities of Lot B. Lot B was given the ten acre minimum lot size. The narrow tract is not easily or safely negotiable by foot or vehicle. Livestock do not negotiate it as a normal course of events. There is a separate, permitted access drive into the westerly portion of Lot A, which is how it is generally accessed rather than by the narrow strip of property. This results in the two ends of the site functioning as two separate parcels.

 

B.        The special circumstances are not the result of action or inaction by the applicant.

 

The Sander M.L.D. was created prior to the applicant’s acquiring Lot A.

 

C.        The strict interpretation and enforcement of the provisions of the code 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 the road is located in a manner which makes the shape of the property irregular and narrowed on the west, and because of the manner in which the Sander M.L.D. lots were allowed to be divided, which results in the westerly dumbbell portion of the property being left in an inappropriate size to conform with the minimum lot size, the owner is left with a parcel that is effectively segregated from the balance of his property. If the Sander M.L.D. would have been designed in a different manner, it would not have left a segregated and detached portion of the property from the main body of the Lot A.

 

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

 

            The lot size variance recognizes that the parcel is segregated from the balance of the property in both practical and functional means. It does not have merits as an independent site but due to the above described circumstances, it cannot be used for a building site without grant of a variance of the minimum lot size. No other variances are required.

 

            E.         Granting the variance will not adversely affect other property in the vicinity of the subject land or structure.

           

The surrounding area is a combination of agricultural uses, home sites on a mix of lot sizes from 35 acres to 4 acres. New home sites are being built south of the property within a Rural Land Use development. South of the eastern portion of the site is an industrial use that is a wood products treating business. The variance would permit the use of the independent, 6.59-acre portion of the property to be available as a residential building site. As a result of the Sketch Plan review there have been no areas of deficiencies with adequate public facilities identified. In the immediate area near and adjacent to County Road 60E, the majority of homes are on lots between four and ten acres. Visually, the 6.59-acre parcel is not distinguishable from a larger parcel due to its orientation with the County Road and the topographic features on the site and within the general surrounding area.

 

            F.         Granting the variance is consistent with the purpose of this code and the Master Plan.

 

            The Master Plans supports logical settlement patterns that are consistent with the existing character of the County and design shall be based on natural land patterns. The Plan further speaks to protecting rural character and preserving and protecting agricultural resources. This variance will accomplish these ideals by permitting a building lot in and area already developed with rural home sites in an area of low intensity, and non-prime agricultural lands. This allows individuals a rural residential opportunity without placing undue pressures on better quality agricultural land or those lands with special natural or wildlife characteristics while being within existing residential settlement areas.

 

            The Land Use Code establishes standards for land uses and the intensities for those uses. This area permits rural residential uses and those uses should have an average of 10 cares per home. This property, as described above, cannot get to the ten-care lot size due to past platting actions and other physical site characteristics. This variance does not create intensity in the area not intended by the code; it creates one building site slightly smaller than the 10-acre minimum size. When all of the various lots in the immediate vicinity are averaged, a density of greater than one unit per ten acres will still occur. Many lots are approaching 35-acre parcels while other in the area are as small as 4 acres. This lot is an unusual circumstance and the type of unusual circumstance contemplated for this type of variance.

 

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.

 

Evelyn King moved and Jeanne Laudick 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 petitioner be and he hereby is granted his variance as requested.

 

BE IT FURTHER RESOLVED, that in the event the Petitioner Fred Triece not act upon the variance granted herein by using the above-described property in accordance with this granted variance within one year from the date of this Resolution, this Resolution shall be null and void and of no further force and effect unless upon good cause shown to this Board, and said period of time shall have been extended; such application for an extension of time shall be made by Petition to this Board on or before one year from the date of this Resolution.  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 Jeanne Laudick, Kent Bruxvoort, MaryAnne Martell and Evelyn King voted in favor of the Resolution. Member Vincent Costanzi voted against the Resolution. The Findings and Resolution were duly adopted and the variance was granted.

 

                                               

LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                By:       __________________________________________

 

 

By Motion duly made, seconded and carried, the meeting was adjourned at 8:40 p.m.

 

 

                                                           

Respectfully submitted,

 

 

 

 

                                                                        _____________________________

 

 

                                                                        _____________________________

                                                                        Date

 

ATTEST:

 

 

 

________________________________

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