Loveland Bike Trail
 

MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

 

March 23, 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., March 23, 2004.  Members Jeanne Laudick, Wilma Davis, 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 February 24, 2004 was dispensed with and such Minutes were approved.

 

File No:           #04-BOA0449

Owner:            Peter M. Piotrowski

Applicant:       Peter M. Piotrowski

Property Description:

 

Lot 26, Replat of lots 2, 3, 4 and 5 of the Replat of Block 2 and a part of Block 3, Boxelder Estates, First Filing, County of Larimer, State of Colorado.

 

            The Petition of Peter Piotrowski, requesting a variance was presented to the Board.  The Petition requested a setback variance upon the above-described property to allow a detached garage 10 feet from a rear property line rather than the required rear setback minimum of 25 feet in the R-1 Residential 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 NW 16-07-68; 3419 Surrey Lane, located approximately ½ mile south of East Mulberry and ½ mile east of S. Summit View Road.

 

4.         Site data is as follows:

 

a.         Land Area:                               0.56 Acres

b.    Proposed Use:                          Residential w/accessory detached garage

c.    Existing Zoning             R-1 Residential

d.    Surrounding Zoning:                  R-1 Residential

e.    Existing Land Use:                    Single Family Residential

f.    Surrounding Land Uses:            Single Family Residential

g.    Access:                                    Surrey Lane

 

5.         The applicant proposes to construct a detached garage (24’ x 48’) accessory to the existing single-family dwelling. The lot is longer north to south and the residence is located generally in the middle, also running north-south. The proposed garage would be located south of the residence, 10 feet from the rear (south) property line.

 

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 location of the existing residence and the narrowness of the lot are all special conditions that contribute to the variance request.  The residence location prevents locating the building in the northern and central areas of the property.  This forces the location to the area in which the applicant has requested.

     

                  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 applicant had no control of the placement of the residence.

           

C.   The strict interpretation and enforcement of the provisions of the Land Use Code 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.

 

            The strict enforcement would deprive the applicant of rights of other lands in the area.  There are at least tow other properties in the immediate area which were granted rear setback variances and had similar circumstances.

           

                        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 construct and use the proposed garage 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 affect neighboring properties.

 

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.

 

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.

 

Wilma Davis 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, Peter Piotrowski 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, Wilma Davis, 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-BOA0451

Owner:            Larimer County

Applicant:       Larimer County Parks & Open Lands

Property Description:

 

PARCEL A:

The E ½ of the NW ¼ of Section 31, Township 7 North, Range 69
West of the 6th P.M., County of Larimer, State of Colorado.

 

PARCEL B:

Considering the West line of the SE ¼ of Section 30, Township 7 North, Range 69 West of the 6th P.M. as bearing N 0°07’ West and with all bearings contained herein relative thereto:  Begin at the South quarter corner of said Section 30; thence N 0°07’ W, 1301.33 feet along the West line of said SE ¼; thence N 0°03’ W, 399.20 feet; thence N 54°52’ E, 217.14 feet to the easterly right-of-way line of the existing road; thence southerly along the easterly right-of-way line of the existing road S 20°02’ W, 342.74 feet; and again along said right-of-way S 0°03’ E, 199.91 feet; and again along said right-of-way S 08°03’ E, 2445.32 feet; and again along said right-of-way S 14°45’ W, 441.26 feet; thence leaving said easterly right-of-way line, N 57°01’ W, 63.46 feet more or less to a point which is the most northerly point of excepted Parcel No. 2 in deed recorded in Book 1547 at Page 369, Larimer County Records, being Angle Point No. 76 of Bureau of Land Management Survey dated April 16, 1954; thence following the westerly line of said excepted Parcel No. 2, S 10° W, 470 feet to Angle Point No. 75 of said Survey; thence S 24° W, 300 feet to Angle Point No. 74 of said Survey; thence S 6° 15’ E, 400 feet to the South line of the NE ¼ of said Section 31 to Angle Point No. 73 of said Survey; thence West along said South line 100 feet to the center quarter corner of said Section 31; thence North along the West line of the NE ¼ of said Section 31 to the point of beginning.

 

EXCEPT any portion in Deed recorded in Book 2227 at Page 2426, AND EXCEPT any portion contained on the plat of Continental North Subdivision Second Filing.

 

The Petition of the Larimer County Parks and Open Lands, requesting a variance was presented to the Board by Megan Flenniken.  The Petition requested a sign variance upon the above-described property to allow a sign 17 square feet in size for a public open space property rather than the required maximum of 15 square 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 W ½ 31-07-69; located on the west side of Shoreline Drive at the north end of Inlet Bay Marina (Horsetooth Reservoir).

 

4.         Site data is as follows:

 

a.         Land Area:                               N/A

b.    Proposed Use:                          Sign for Public Open Space

c.         Existing Zoning             O-Open

d.         Surrounding Zoning:                  O-Open

e.         Existing Land Use:                    Public Open Space

f.          Surrounding Land Uses:            Residential, Recreational

g.         Access:                                    Shoreline Drive

 

5.         The applicant is requesting a variance to allow one sign 17 square feet in size to serve as an entrance sign for the Soderburg Homestead Open Space area.  The Soderburg Homestead Open Space consists of 114 acres and was purchased by the county in 1998.  The open space would serve as a trailhead, which would provide a second access to Horsetooth Mountain Park as well as access to the foothills regional trail.  The variance would allow the proposed sign to exceed the size limit of the O-Open zoning district by 2 square feet.

 

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 Parks and Open Lands Department master plan intends for this site to be used as a trailhead for non-motorized recreational activities, protection for historic buildings and site character, vegetation and wildlife.  The public will use this property frequently and a sign is necessary to identify the entrance to the property and trailhead.  The sign as proposed would be a ranch entryway type sign to maintain the ranch/homestead character.  The sign size of 17 square feet is necessary to allow for sufficient size lettering for easy public identification.

 

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

 

            The special circumstances above are related to the property as it has existed historically and to the intended public use.  They are not the result of action or inaction of 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 interpretation or enforcement of the provisions of the code may cause hardship for people and groups trying to find the open space/trailhead and contribute to confusion because of insufficient sign size for identification.

 

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 sign and better identify the open space and trailhead.

 

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 this 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.

 

Wilma Davis 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 it hereby is granted its variance as requested.

 

BE IT FURTHER RESOLVED, that in the event the Petitioner Larimer County Parks and Open Lands 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, Wilma Davis, 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-BOA0452

Owner:            Larimer County

Applicant:       Larimer County Parks & Open Lands

Property Description:

 

See attachment “A” to Minutes.

 

            The Petition of Larimer County Parks and Open Lands, requesting a variance was presented to the Board by Megan Flenniken.  The Petition requested a sign variance upon the above-described property to allow a sign 30 square feet in size for a public open space property rather than the required maximum of 15 square 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 34-10-70; located southwest of the Forks in Livermore, east of intersection of County Road 74E and Highway 287.

 

 

 

4.         Site data is as follows:

 

a.         Land Area:                               N/A

b.    Proposed Use:                          Sign for Public Open Space

c.    Existing Zoning             O-Open

d.    Surrounding Zoning:                  O-Open

e.    Existing Land Use:                    Public Open Space

f.    Surrounding Land Uses:            Agricultural, Commercial

g.    Access:                                    County Road 74E (Red Feather Lakes Road)

 

5.         The applicant is requesting a variance to allow one sign 30 square feet in size to serve as an entrance sign for the Eagle’s Nest Open Space area.  The Eagle’s Nest Open Space property was purchased by the County in 2001.  The open space would serve as a trailhead recreational area, which would provide recreational and preservation opportunities to the general public.  The Parks and Open Lands Department is requesting the variance to allow for the proposed sign to exceed the size limit of the O-Open zoning district by 15 square feet

 

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 Parks and Open Lands Department master plan intends for this site to be used as a trailhead for non-motorized, passive recreational activities, as protection of vegetation and wildlife.  The public will use this property frequently and a sign is necessary to identify the entrance to the property and trailhead.  The sign as proposed would be a ranch entryway type sign to maintain the ranch character.  The sign size of 30 square feet is necessary to allow for sufficient size lettering for easy public identification along a major county road (CR 74E).

 

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

 

            The special circumstances above are related to the property as it has existed historically and to the intended public use.  They are not the result of action or inaction of 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 interpretation or enforcement of the provisions of the code may cause hardship for people and groups trying to find the open space/trailhead and contribute to confusion because of insufficient sign size for identification.

 

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 sign and better identify the open space and trailhead.

 

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 this 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.

 

Wilma Davis 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 it hereby is granted its variance as requested.

 

BE IT FURTHER RESOLVED, that in the event the Petitioner, the Larimer County Parks and Open Lands, 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, Wilma Davis, 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-BOA0453

Owner:            Larimer County

Applicant:       Larimer County Parks and Open Lands

Property Description:

 

Township 6 North, Range 68 West of the 6th P.M., Section 16, less 46.7 acres out of the northwest quarter as conveyed by patents #1879 and #3467.

 

            The Petition of Larimer County Parks and Open Lands, requesting a variance was presented to the Board by Meegan Flenniken.  The Petition requested a sign variance upon the above-described property to allow a sign 42 square feet in size for a public open space property, rather than the maximum limit of 15 square feet in the AP-Airport and FA-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 17-06-68; north side of County Road 32 and east of Timberline Road.

 

4.         Site data is as follows:

 

a.         Land Area:                               N/A

b.         Proposed Use:                          Sign for Public Open Space

c.         Existing Zoning             AP-Airport, FA-1 Farming

d.         Surrounding Zoning:                  AP-Airport, FA-1 Farming

e.         Existing Land Use:                    Public Open Space

f.          Surrounding Land Uses:            Residential, Recreational

g.         Access:                                    Carpenter Road

 

5.         The applicant is requesting a variance to allow one sign 42 square feet in size to serve as an entrance sign for the Fossil Creek Reservoir Regional Open Space area.  The Fossil Creek Reservoir Regional Open Space was purchased jointly by the County and the City of Fort Collins over the past five years.  The open space will provide for recreational activities such as hiking, bird watching, and outdoor education.  The Parks and Open Lands Department is requesting the variance to allow for the proposed sign to exceed the size limit of the O-Open zoning district by 27 square feet.

 

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 Parks and Open Lands Department master plan intends for this site to be used as a site for non-motorized recreational activities.  The public will use this property frequently and a sign is necessary to identify the entrance to the property.  The larger sign size of 42 square feet is necessary to allow for sufficient size lettering for easy public identification, especially for motorists traveling along County Road 32 which is a classified as a major collector.

 

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

 

            The special circumstances above are related to the property’s location as it has existed historically and to the intended public use.  They are not the result of action or inaction of 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 interpretation or enforcement of the provisions of the code may cause hardship for people and groups trying to find the open space and contribute to confusion because of insufficient sign size for identification.

 

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 sign and better identify the open space.

 

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 this 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.

 

Wilma Davis 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 it hereby is granted its variance as requested.

 

BE IT FURTHER RESOLVED, that in the event the Petitioner, the Larimer County Parks and Open Lands, 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, Wilma Davis, 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-BOA0448

Owner:            Richard and Linda Poche

Applicant:       Richard and Linda Poche

Property Description:

 

This is to certify that on the 14th day of October, A.D. 1992, a survey was made, under my supervision, of all that part of the Southwest ¼ of Section 22, Township 9 North, Range 68 West of the 6th P.M., Larimer County, Colorado, lying East of Interstate Highway No. 25 which is more particularly described as follows: Considering the South line of the said Southwest ¼ as bearing due West and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the East line of the said Southwest ¼ which bears N 00°26’23” W 30.00 feet from the South ¼ corner of said Section 22 and run thence along the right-of-way of Interstate Highway No. 25, N 81°29’50” W 506.84 feet and again N 12°39’50” W 630.28 feet and again N 01°32’55” E 1895.52 feet to a point on the North line of the said Southwest ¼; thence S 89°19’45” E 568.47 feet along the said North line to the Center ¼ corner of said Section 22; thence S 00°26’23” E 2578.14 feet along the said East line to the point of beginning, containing 34.5525 acres more or less.

 

            The Petition of Richard and Linda Poche, requesting a Special Exception was presented to the Board.  The Petition requested a Special Exception upon the above-described property to allow manufacturing of products for agricultural pest control such as baits and repellants on property in the O-Open zoning district.

 

            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.         The property location is SW 22-09-68; 10122 NE Frontage Road, located in the northeast corner of the intersection of I-25 and County Road 66, near Wellington.

 

3.         Site data is as follows:

 

a.         Land Area:                               34.6 Acres

b.         Proposed Use:                          Manufacturing, Light Industrial

   c.         Existing Zoning             O-Open

   d.         Surrounding Zoning:                  O-Open

   e.         Existing Land Use:                    Wildlife Research Farm (Special Review)

   f.          Surrounding Land Uses:            Agricultural, Residential

   g.         Access:                                    NE Frontage Road, Wellington

 

4.         Applicant is requesting a Special Exception to allow the manufacturing of products for agricultural pest control such as baits and repellants on property at 10122 NE Frontage Road, northeast of Wellington.  As a use, the above proposal is not allowed in the O-Open zoning district.

           

5.         In 1992, the same applicant received approval of a Special Review for a wildlife research farm on this property.  In 2001, the applicant’s company Genesis Laboratories began manufacturing a pest control product at 120 Commerce Drive within the Growth Management Area for City of Fort Collins.  The business has grown since then and now the applicant is seeking to expand and move the manufacturing operations to the site of the wildlife research farm.  Some other products to be manufactured at the site include bird repellant and rodent baits.  The raw materials will be brought onto the site and then mixed, packaged, and sold to farmers, homeowners, and distributors. 

 

6.         The subject property currently has three buildings for use as offices, laboratory, and animal care/research.  The research farm currently utilizes approximately 2.5 acres of the property.  The proposed new facility would be 32,400 square feet in size, 18 feet high of metal construction.  Of the total building area, 30,000 square feet would be used for warehouse and mixing activities with 2,400 square feet used for offices.  There would also be 3 grain storage silos located next to the building.  The property currently uses an on site septic system for the wildlife research farm employees.  The applicant is proposing to use a septic system for the new manufacturing plant as well.  Water for the site is provided by the Northern Colorado Water Association, from whom the applicant will request a second water tap for the proposed facility.

 

7.    Rolph Kleiberg appeared on behalf of the applicants.  He testified that the

 Proposed use is not “manufacturing” per se.  Rather, the use is a packaging facility where products are brought in, missed with feed, packaged and sent out.  There will be no use of water of the septic system involved in the process.  The facility would use less water than a single-family residence.  The additional septic system would be used only for the employee bathroom.  All activities would occur within the building.  A number of agencies regulate the business and each of those agencies’ regulations have been met.  The applicant has operated the facility at its current location for ten years with no complaints.

 

            8.         Richard Poche appeared and testified that the proposed use is an extension of the research that has been ongoing for a number of years. Some of the employees have been with the company for twelve years and are very experienced.  The proposed business is similar to others in the area such as Northern Colorado Water Conservancy District, CSU ag and Anheuser Busch Brewery.  Poche noted that Horton’s feed operation uses antibiotics in feed and spreads the feed throughout the feedlot.  The proposed use would involve mixing rodent baits.  The ingredients involved are grains and flours and coumadin, which is the safest rodent bait in the United States.  Coumadin is the same drug used in human blood thinners.  The bird repellent that is used is a plant extract.  Poche stated that the facility is subject to regulation by the EPA, USDA, State Department of Wildlife, U.S. Fish and Wildlife Service and Department of Health.  He has been inspected by many of these agencies and has 20 client audits and 1 inspection by the U.S. Army with no criticisms.  The chemicals will be mixed at very low levels.  There will be a maximum of 20 pounds of hazardous materials on the site.  Poche noted that the amount of chemicals on site will be less than the amount stored on a typical farm.  There will be no leakage of materials into soils or groundwater.  All hazardous materials will be in located limited access storage containers.  The operation will not generate any noise or odors.  Fire prevention will be by 4 2500-gallon underground water storage tanks located on the site.  The only water needed will be for restrooms.  Poche stated that there were no real objections by the attendees at the neighborhood meeting.

 

9.         An adjacent property appeared and submitted a letter and testified in opposition to

 the proposal.  He cited concerns about possible adverse impacts on property values, and possible contamination of ground water and wells, the adequacy of septic systems and damages resulting from accidents at the facility.

 

10.       Applicable review criteria for the variance have been met as follows:

 

A.        The proposed use will be compatible with the existing and allowed uses in the surrounding area and will be in harmony with the neighborhood.  

 

            The existing uses in the area are primarily agricultural, with corresponding residences.  There are also other business and manufacturing facilities in the area such as the Anheuser Busch Brewery, Horton Feed Yard, and Northern Colorado Water District.  The proposed facility would be low intensity with all operations being conducted inside the building.  

 

B.        The proposed use will not exceed air, water, odor, or noise standards established by County, state or federal regulation.

 

              In the application, the applicant stated that they would comply with all applicable air, water, odor, and noise standards.  The proposed use is regulated by a number of other agencies and has no history of violations. The proposed use would involve storage of hazardous materials for which the applicant would need to provide plans for managing these at the site plan review stage if this application is approved.  The property has a water tap serviced by the Northern Colorado Water Association, and the applicant would request a second tap for the proposed use.  The applicant would install an additional on-lot septic system for the manufacturing facility, upon obtaining the proper permits.  To ensure compliance with state air quality requirements, the applicant will be required to mitigate appropriately for the dust that would be created by traffic in the parking area.  There does not appear to be any source of odor or noise on the property and the Staff is not aware of any required air quality permits required for the proposed use.

             

C.        The proposed use will not adversely affect property values in the immediate area.

 

            It does not appear that the proposal will adversely impact property values in the area.  Insufficient evidence has been provided to show that property values would be adversely affected.

 

D.        The proposed use will comply will all requirements of this Code and all County, state and federal regulations.

 

            In the application, the applicant stated that the proposed use would comply with all requirements of the Larimer County Land Use Code, and state and federal regulations.       

            The wildlife research farm and manufacturing at the Fort Collins property are regulated by a number of federal agencies such as the Environmental Protection Agency, the Food and Drug Administration, Department of Agriculture, and others.  The proposed activities would also need to comply with the regulations of these departments when required.

           

E.         The proposed use will not adversely affect special places in Larimer County.

 

            No special places have been designated on or near the site.

 

F.         The proposed use will not adversely affect wildlife or wetlands.

 

The site does have what appears to be a seasonal wetland area that receives water from a nearby irrigation ditch.  No construction activities, or other work associated with this proposal, would interfere with this wetland area.  However, if there is any question, the applicant should contact the Army Corp of Engineers Denver regulatory office.  The site is void of significant wildlife habitat due to the grazing history and removal of gravel and topsoil.  It is not anticipated that the proposal would adversely impact wildlife or habitat areas on or near the site.  The applicant’s proposal addresses any potential affects to wildlife satisfactorily.

 

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.

 

Jeanne Laudick moved and Vincent Costanzi 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 petitioners be and they hereby are granted their Special Exception as requested.           

 

BE IT FURTHER RESOLVED, that in the event the Petitioners Richard and Linda Poche not act upon the Special Exception granted herein by using the above-described property in accordance with this granted Special Exception 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, Wilma Davis, MaryAnne Martell, Evelyn King and Vincent Costanzi voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the Special Exception was granted.

 

File No:           #04-BOA0450

Owner:            Rodney and Marilyn Wilmouth

Applicant:       Rodney and Marilyn Wilmouth

Property Description:

 

A tract of land situate in the Southwest quarter of Section 34, Township 10 North, Range 73 West of the 6th P.M., County of Larimer, State of Colorado, and being more particularly described as follows:

Considering the East line of said Southwest quarter as bearing North 02°32’30” East and with all bearings contained herein relative thereto:

Commencing at the South quarter corner of said Section 34; thence along the East line of said Southwest quarter, North 02°32’30” East 2411.02 feet to TRUE POINT OF BEGINNING of this description; thence South 87°27’30” West 407.00 feet; thence North 02°32’30” East 195.00 feet; thence North 87°27’30” East 407.00 feet to a point on the East line of said Southwest quarter; thence along said East line South 02°32’30” West 195.00 feet to the true point of beginning. The above-described parcel contains 1.822 acres, more or less, and is subject to all rights-of-way, easements and restrictions now in use or on record.

 

            The Petition of Rodney and Marilyn Wilmouth, requesting a variance was presented to the Board.  The Petition requested a variance upon the above-described property to allow a single-family dwelling to be constructed 65 feet from the centerline of a stream, rather than the required minimum of 100 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 SE 34-10-73; on the west side of Red Feather Lakes Road, across from Parvin Lake, southeast of Red Feather Lakes.

 

4.         Site data is as follows:

 

a.         Land Area:                               1.82 Acres

   b.         Proposed Use:                          Single Family Residential

   c.         Existing Zoning             O-Open

   d.         Surrounding Zoning:                  O-Open

   e.         Existing Land Use:                    Vacant

   f.          Surrounding Land Uses:            Residential, Recreational

   g.         Access:                                    County Road 74E, Red Feather Lakes Rd.

 

5.         Applicant proposes to construct a single-family dwelling on the subject property.  The property is currently vacant and consists of approximately 1.82 acres.  South Lone Pine Creek courses through the southwest corner of the property.  The proposed location for the dwelling lies north of the stream, between the stream and a neighboring parcel to the north and west.  The topography slopes gradually from the northwest to the southeast.  County Road 74E (Red Feather Lakes Road) borders the property to the east.  The proposed location of the dwelling would be 65 feet from the center of South Lone Pine Creek.

 

6.         Planning staff has concerns with the variance request due to the building’s proposed location (65 feet from the river) in proximity to the creek’s riparian areas and wetlands on site.  The setback requirement was established for multiple purposes, some of which are the protection of vegetation, wildlife, and water quality within river corridors.  Since the property has other areas available on which to construct the dwelling and not require as great a variance, staff recommends against the granting of a variance as requested, but supports a variance of a lesser degree.

 

7.         Applicant Rodney Wilmouth testified that the proposed location of the dwelling would involve the least amount of fill and the least disturbance to the site.

 

8.         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.

 

            After reviewing the application and observing the conditions at the property, staff feels that minimal special circumstances or conditions exist.  The size and shape of the property in relation to the location of the creek somewhat limit the area available for placement of the building.  However, with the width of the house proposed by the applicant, there is enough area on the property to move the house north to be 98 feet from the creek and still maintain the side setback distance of 5 feet.  The conditions of the property are not significant enough to warrant the amount of variance requested, however a smaller variance could be validated.

 

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

 

            The small degree of special circumstances outlined above, including the shape and size of the property and the creek location are not results of any action or inaction of 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.

 

            There are no other properties in the vicinity that have buildings within the 100-foot creek setback of South Lone Pine Creek.  The strict enforcement of the Code, specifically the provision for 100’ setbacks from river, would not cause an unnecessary hardship since the building could still be built on the property.  However, a small variance of 2 feet would either be required from the side setback requirement of for the north property line or from the creek setback requirement.

 

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

 

            Granting the variance as requested is more than the minimum action/distance that Planning staff determined would be needed.  The building could still be built and utilized at a further distance than that requested by the applicant.

 

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

 

            Granting the variance will adversely affect neighboring properties and the riparian area along the creek.  There are existing federally-designated wetlands on this property and granting the variance may contribute to damage of land near these wetlands.  A smaller variance will lessen the probability of interfering with these wetlands because the most northern portion of the property is elevated and adjacent to a rock outcropping, away from the creek.

 

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

 

            Granting the variance, as requested, would not be consistent with the purposes of the Land Use Code or Master Plan.  It would be more than necessary and much closer to the river and riparian area than was intended by the setback requirement. 

 

9.         To approve a smaller variance 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.

 

Wilma Davis moved and Evelyn King 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 petitioners be and they hereby are a variance to allow construction of a single-family dwelling 75 feet from the centerline of a stream.

 

BE IT FURTHER RESOLVED, that in the event the Petitioners Rodney and Marilyn Wilmouth 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, Wilma Davis, MaryAnne Martell and Evelyn King and Vincent Costanzi voted in favor of the Resolution.  The Findings and Resolution were duly adopted.

 

By Motion duly made, seconded and carried, the meeting was adjourned at 8:50 p.m.

 

 

 

APPROVAL OF MINUTES

 

            By Motion duly made, seconded and carried the above and foregoing minutes were approved on the _____ day of __________________, 2004.

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                By:       __________________________________________

 

 

 

 

 

                                                                        Respectfully submitted,

 

 

 

 

                                                                        _____________________________

 

 

                                                                        _____________________________

                                                                        Date

 

ATTEST:

 

 

 

________________________________

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