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MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

 

January 3, 2006

 

            A special 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., January 5, 2006.  Members Alfred Shilling, Kent Bruxvoort, Eric Berglund and Evelyn King 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 November 22, 2005 was dispensed with and such Minutes were approved.

 

File No:           #05-BOA0581  (Moser Setback Variance)

Owner:            Gerald D. Moser

Applicant:       Gerald D. Moser

Property Description:

 

The South 175 feet of the West 330 feet of the East 1344.0 feet

of the South one-half of the Southwest one-quarter of Section 29,

Township 4 North, Range 69 West of the 6th P.M. County of Larimer,

State of Colorado.

 

            The Petition of Gerald Moser, requesting a variance was presented to the Board.  The Petition requested a setback variance upon the above-described property to allow an existing detached garage to be located zero (0) feet from the right-of-way edge of a proposed new subdivision road rather than the required minimum of 25 feet in the FA-1 Farming 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 29-04-69; 3820 W. County Rd 4, located on the north side of CR 4, about ˝ mile east of CR 23E, southwest of Berthoud..

 


 

4.         Site data is as follows:

 

a.         Land Area:                               1.32 Acres

b.    Proposed Use:                          Accessory Use - garage

c.    Existing Zoning             FA-1 Farming

d.    Surrounding Zoning:                  FA-1 Farming

e.    Existing Land Use:                    Single Family Residential

f.    Surrounding Land Uses:            Residential

g.    Access:                                    County Road 4

 

5.         In February 2005, the applicant received approval of a preliminary plat for the creation of the Moser Subdivision for 3 lots.  As part of that approval, the County Development Services Team (DST) required that the new subdivision road providing access to the new lots intersect CR 4 and run along the east side of the lots, just east of the subject garage.  The DST and County Commissioners also approved a smaller right-of-way of 50 feet instead of the standard 60 feet.  This narrower right-of-way was approved due to the location of the existing detached garage.  The garage was built in 2001.  At that time it met all the setback requirements.  Its current location would have encroached into a standard 60-foot right-of-way.  With a 50-foot right-of-way, it would be right on the edge.  The new road causes that side of the property to be subject to a 25-foot front setback from edge of the new right-of-way.  The request is for approval of the garage to be located zero (0) feet from the edge of the new road right-of-way.

           

6.         There are no major issues or concerns with the variance 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 shape of the property, new lot configurations, and the County’s access requirement for these new lots are special circumstances that contribute to this peculiar situation.  The garage was permitted in its current location. The County requirements cause the garage to be located directly adjacent to the new road right-of-way. 

 

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

 

  The special circumstances or conditions were not created by the applicant.  The special circumstances are the result of review and requirements of the County Commissioners for the subdivision preliminary plat.

 


 

 

 

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.

 

Location of a building on the edge of a road right-of-way is not a right commonly enjoyed by other land or buildings in the area; however the strict enforcement of the front setback provision would cause an unnecessary and undue hardship to the owner.  The owner would not be able to comply with the access requirements that the County Commissioners placed on this preliminary subdivision approval.

 

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

 

Granting the requested variance is the minimum action that will allow the applicant to retain the garage in its current location and continue with his subdivision final plat as anticipated both by him and the County Commissioners.

 

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.  No objections have been received from any neighboring property owners.

 

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

 

Granting the variance would not be contrary to the purposes of the Land Use Code or Master Plan.  One purpose of the Land Use Code access requirements is to insure adequate public access to the new lots.  In this case, the location and reduced right-of-way width have been considered by the Planning Commission and determined to be the best option for providing access to the new lots.  By complying with the recommendation of the County Commissioners, approval of the variance would be consistent with the purpose of the Land Use Code and 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.

 


Eric Berglund moved and Alfred Shilling 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 setback variance as requested subject to the following conditions:

 

1.         The new driveway for this property that accesses from Moser Court shall be located in a manner as to not interfere with the existing septic system for the dwelling.

 

2.         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.

 

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

 

BE IT FURTHER RESOLVED, that in the event the Petitioner Gerald Moser not act upon the setback 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 Alfred Shilling, Kent Bruxvoort, Eric Berglund and Evelyn King voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the setback variance was granted subject to conditions.

 

File No:           #05-BOA0580  (Colorado Iron & Metal Setback Variance)

Owner:            GTG Investments, LLC

Applicant:       Paul Barker

Property Description:

 

Lot 1, Block 1, East Mulberry Subdivision, Larimer County, Colorado.

 

            The Petition of Paul Barker, requesting a variance was presented to the Board.  The Petition requested a setback variance upon the above-described property to allow a recycling machine shelter one foot from the rear property line rather than the required minimum of 20 feet in the C-Commercial 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 07-07-68; 1400 E. Mulberry, located on the north side of Hwy 14, approximately 1/8 mile west of Link Lane.

 

4.         Site data is as follows:

 

a.         Land Area:                               1.8 Acres

b.         Proposed Use:                          Industrial

c.         Existing Zoning             C-Commercial (Fort Collins GMA)

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

e.         Existing Land Use:                    Industrial

f.          Surrounding Land Uses:            Commercial, Industrial

g.         Access:                                    E. Mulberry Frontage Road

 

5.         Applicant requests a setback variance for a metal building to house an aluminum can recycling machine shelter on the subject property – Lot 1, Block 1 East Mulberry Subdivision.  The property is currently occupied by Colorado Iron and Metal which operates a metal processing and recycling facility.  The proposed location of the building would be 1 foot from the rear property line instead of 20 feet as normally required.

 

6.         The applicant has resolved all concerns of the Poudre Fire Authority.

 

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 lot’s shape and narrowness combined with the existence of three larger buildings and a detention pond are special conditions that are peculiar to the land and structure for which the variance is requested.

 

 

 

 

 

 

 

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

 

The special conditions listed above, i.e. the shape and lot configuration, were not created by action or inaction of the current property owner. 

 

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.

           

A rear setback encroachment is not a right commonly enjoyed by other buildings in the area but smaller accessory buildings such as this shelter are often located close to rear and side lot lines in other industrial areas.

 

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

 

Granting this variance is minimum action that will allow the applicant to use the shelter in the proposed location.

 

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.  No objections or complaints regarding this request from surrounding property owners have been received by the Planning Department.

 

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

 

Granting the variance would is consistent with the purposes of the Land Use Code or Master Plan.  The property is within the GMA for Fort Collins which encourages properties to comply with the City’s standards.  The City has reviewed the proposal and has no objections.

 

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.


 

Eric Berglund moved and Alfred Shilling 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 setback variance as requested.

 

BE IT FURTHER RESOLVED, that in the event the Petitioner Paul Barker not act upon the setback 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 Alfred Shilling, Kent Bruxvoort, Eric Berglund and Evelyn King voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the setback variance was granted.

 

                                                     ***

By Motion duly made, seconded and carried, the meeting was adjourned at 7:08 p.m.

 

APPROVAL OF MINUTES

 

            By Motion duly made, seconded and carried the above and foregoing minutes were approved on the _____ day of __________________, 2006.

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                By:       __________________________________________

 

 

ATTEST:

 

 

 

________________________________

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.