Loveland Bike Trail
 

 

 

MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

 

May 27, 2008

 

            The regular meeting of the Larimer County Board of Adjustment was held in the County Board Hearing Room in the Larimer County Courthouse, Fort Collins, Colorado at 7:00 p.m., May 27, 2008.  Members Jean Christman, Eric Berglund, Greg Christensen and Alan Cram were present.  Also in attendance were County Planning Staff member Samantha Mott, and Assistant County Attorney Jeannine S. Haag.

 

            By Motion duly made, seconded and carried, the reading of the Minutes of the meeting of April 22, 2008 was dispensed with and such Minutes were approved.

 

File No:           #08-BOA0701  (Combs Setback Variance)

Owner:            Raedene Combs, Eric and Barbara Combs

Applicant:       Raedene Combs, Eric and Barbara Combs

Property Description:

 

LOT 89, CRYSTAL LAKES 9TH FILING, COUNTY OF LARIMER, STATE OF COLORADO

 

            The Application of Raedene Combs, Eric Combs and Barbara Combs, requesting a variance was presented to the Board.  The Application requested a setback variances upon the above-described property to allow a detached garage to be located 45 feet from the west side property line and 30 feet from the edge of the road easement rather than the required minimum of 50 feet and 45 feet respectively, and to allow the existing home to remain 16 feet from the edge of the road easement rather than the required minimum of 45 feet from the edge of the road easement in the E-Estate zone.

 

            The Board having heard the testimony and arguments concerning the Application, and having reviewed the record and being fully advised in the premises adopted the following findings:

 

Findings

 

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

 

2.         The property location is NE 25-10-74; 245 Tesuque Trail, Red Feather Lakes; located approximately 160 feet east of the intersection of Tewa Court and Tesuque Trail on Lot 89 of Crystal Lakes 9th Filing.

 

 

 

3.         Site data is as follows:

 

a.         Land Area:                               2.5 Acres

b.    Proposed Use:                          Single Family Residence

c.    Existing Zoning:             E-Estate

d.    Surrounding Zoning:                  E-Estate, O-Open

e.    Existing Land Use:                    Single Family Residence

f.    Surrounding Land Uses:            Residential, Recreational

g.    Access:                                    Tesuque Trail

 

4.         The applicants propose to construct a detached garage on the property.  The proposed structure would be located approximately 45 feet from the west side property line and 30 feet from the edge of the road easement.  There is an existing house on the property that the owners wish to remain 16 feet from the edge of the road easement.  The existing single family dwelling was built in 1977 and the building permit was signed off in 1978, however it does not meet the front setback for the lot.  The E-Estate zoning district requires a 50 foot setback from the side lot line and 45 feet from the edge of the road easement, as indicated in Section 4.1.6.B.2.c of the Larimer County Land Use Code.

 

5.         There are no major issues or concerns with this request. 

 

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

 

7.         The applicable review criteria for the variance have been met as follows:

 

A.        There are special circumstances or conditions, such as exceptional topographic conditions, narrowness, shallowness or the shape of property, or other extraordinary and exceptional situation or condition of such piece of property, that are peculiar to the land or structure for which the variance is requested.

 

The property is a 2.5 acre lot with both level and sloping topography.  In addition there are considerable rock outcroppings located on the lot.  There currently exists an open flat area on the lot where the proposed garage is to be located; however, this area is within the required setbacks.  The site constraints, including the sloping topography and numerous rock outcroppings, severely restrict the area where the proposed building could be located.  The steep topography and location of the existing house are physical conditions that limit the area where the garage could be placed.

 

B.        The special circumstances are not the result of actions or inactions by the applicant or the current owner.

 

The above circumstances are not the result of action or inaction of the applicants.  The property’s physical characteristics were not created by the applicants.  In addition, the existing house was built and permitted prior to the current owner owning the property.

 

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.

           

Because of the topography of the lot, strict interpretation and enforcement of the provisions of the Code would cause unnecessary and undue hardship. 

 

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 use the existing single family dwelling that was built and permitted prior to the current owner purchasing the property and granting the variance for the garage is the minimum action that could allow the garage to be built due to the existing site constraints.

 

E.         Granting the variance will not result in a substantial adverse impact on other property in the vicinity of the subject land or structure.

 

It is not anticipated that granting the variance would adversely affect any neighbors or their property.  No objections have been received from any of the neighboring property owners at this time.

 

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

 

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

 

G.        The recommendations of referral agencies have been considered.

 

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

 

8.         To approve this request would promote the harmonious development of the area, would be in the best interest of the people of Larimer County, would promote the convenience, prosperity and general welfare of the applicant and the immediate inhabitants of the area, and would be in consonance with the intent and purposes of the Larimer County Land Use Code.

 

Jean Christman moved and Greg Christensen seconded the Motion that the Board adopt the following Resolution:

 

 

Resolution

 

WHEREAS, the Board having adopted its Findings and said Findings being incorporated in this Resolution by this reference as though fully set forth herein;

 

NOW, BE IT RESOLVED that applicants be and they hereby are granted their setback variances as requested subject to the following conditions:

 

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

 

2.         This variance is only for the building(s) as submitted with this variance application.  All future buildings, additions, and improvements must meet County setback requirements.

 

3.         This approval shall automatically expire one year from the date of this Resolution unless prior to expiration the applicants (a) take affirmative action consistent with this approval or (b) submit a written request showing good cause to extend the one year time limit.

 

BE IT FURTHER RESOLVED, that if this action involves approval of a use (or expansion of a use) not otherwise permitted on the subject property, and if in the future the subject property is divided, then this action shall only pertain to one parcel resulting from any such division(s) and the Board of County Commissioners shall in its discretion determine which one of the resulting parcels shall enjoy the benefits of this action.

 

The question was called and members Jean Christman, Eric Berglund, Greg Christensen and Alan Cram voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the setback variances were granted subject to conditions.

 

File No:           #08-BOA0708  (Quinby 2nd Setback Variance)

Owner:            Jesse and Rebecca Quinby

Applicant:       Ellen O’Connell / Van Horn Engineering

Property Description:

 

LOT 17, RETREAT FILING 1, COUNTY OF LARIMER, STATE OF COLORADO

 

            The Application of Ellen O’Connell and Van Horn Engineering, Jesse Quinby appearing, requesting a variance was presented to the Board.  The Application requested a setback variance upon the above-described property to allow an attached garage to be located 10 feet from the edge of the road easement rather than the required minimum of 25 feet and to be located 40 feet from the centerline of Miller Fork Creek rather than the required minimum of 100 feet in the FO-Forestry zone.

 

            The Board having heard the testimony and arguments concerning the Application, and having reviewed the record and being fully advised in the premises adopted the following findings:

 

Findings

 

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

 

2.         The property location is SE 23-6-72; 773 Streamside Drive, Glen Haven; located approximately ¾ mile northwest of the intersection of Streamside Drive and County Road 43.

 

3.         Site data is as follows:

 

a.         Land Area:                              

b.         Proposed Use:                         

c.         Existing Zoning:

d.         Surrounding Zoning:                 

e.         Existing Land Use:                   

f.          Surrounding Land Uses:           

g.         Access:                                   

 

4.         The applicant requests a setback variance to locate an attached garage addition to a single family dwelling on the property.  The attached garage would be 10 feet from the edge of a road rather than the required 25 feet and 40 feet from the centerline of Miller Fork Creek rather than the 100 feet as required in Sections 4.1.3.B.2 of the Larimer County Land Use Code.

 

5.         In July of 2007, the owners applied for and received approval from the Board of Adjustment for a new single family dwelling on the property to be 10 feet from the edge of a road and 40 feet from the centerline of Miller Fork Creek.  The owners now want to add a garage onto the house and that garage will come no closer to either the road or the creek than the single family dwelling.

 

6          There are no major issues or concerns with this request. 

 

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

 

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, or other extraordinary and exceptional situation or condition of such piece of property, that are peculiar to the land or structure for which the variance is requested.

 

The lot is 2.06 acres in size.  The property has significant site constraints.  The setback requirement from the stream restricts building anywhere on the property north and east of the stream without obtaining a variance.  The portion of the property to the south and west of the stream has significant slopes.  There is one flat area on the south side of the stream, but that area is within the setback requirement from the stream as well.  The steep topography and setback requirements form the stream prevent the applicant from building on the lot without obtaining a variance.

 

B.        The special circumstances are not the result of actions or inactions by the applicant or the current owner.

 

The above circumstances are not the result of action or inaction of the applicant.  The property’s physical characteristics and location were not created or altered by the applicant. 

 

C.        The strict interpretation and enforcement of the 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.

 

Because of the topography of the lot and the required setbacks from the stream and the road easement, strict interpretation and enforcement of the provisions of the Code would cause on unnecessary and undue hardship. 

 

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.

 

E.         Granting the variance will not result in a substantial adverse impact on other property in the vicinity of the subject land or structure.

 

It is not anticipated that granting the variance would adversely affect any neighbors or their property.  No objections have been received from any of the neighboring property owners at this time.

 

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

 

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

 

G.        The recommendations of referral agencies have been considered.

 

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

 

 

9.         To approve this request would promote the harmonious development of the area, would be in the best interest of the people of Larimer County, would promote the convenience, prosperity and general welfare of the applicant and the immediate inhabitants of the area, and would be in consonance with the intent and purposes of the Larimer County Land Use Code.

 

Jean Christman moved and Greg Christensen seconded the Motion that the Board adopt the following Resolution:

 

Resolution

 

WHEREAS, the Board having adopted its Findings and said Findings being incorporated in this Resolution by this reference as though fully set forth herein;

 

NOW, BE IT RESOLVED that applicants be and they hereby are granted their setback variances as requested subject to the following conditions:

 

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

 

2.         This variance is only for the building(s) as submitted with this variance application.  All future buildings, additions, and improvements must meet County setback requirements.

 

3.         The garage must be designed and constructed to be loaded from the interior of the property and not open perpendicular to Streamside Drive.

 

4.         This approval shall automatically expire one year from the date of this Resolution unless prior to expiration the applicants (a) take affirmative action consistent with this approval or (b) submit a written request showing good cause to extend the one year time limit.

 

BE IT FURTHER RESOLVED, that if this action involves approval of a use (or expansion of a use) not otherwise permitted on the subject property, and if in the future the subject property is divided, then this action shall only pertain to one parcel resulting from any such division(s) and the Board of County Commissioners shall in its discretion determine which one of the resulting parcels shall enjoy the benefits of this action.

 

The question was called and members Jean Christman, Eric Berglund, Greg Christensen and Alan Cram voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the variances were granted subject to conditions.

 

 

 

 

 

 

File No:           #08-BOA0709  (RABS Setback Variance)

Owner:            RABS, LLC

Applicant:       Mike Boyles

Property Description:

 

Lot 5, Buckhorn Estates First Filing, County of Larimer, State of Colorado

 

            The Application of Mike Boyles, requesting three variances was presented to the Board.  The Application requested setback variances upon the above-described property (i) to allow an existing house with an addition to be located 38.43 feet from the right-of-way centerline of Buckhorn Road and 7.8 feet from the centerline of Buckhorn Creek, (ii) to allow a new garage to be 39.55 feet from the right-of-way centerline of Buckhorn Road, 16.6 feet from the centerline of Buckhorn Creek, and 3.75 feet from the side lot line, and (iii) to allow an existing outhouse to be 38.07 feet from the right-of-way centerline of Buckhorn Road, 35 feet from the centerline of Buckhorn Creek, and 1.8 feet from the side lot line.  The required setbacks are 70 feet from the right-of-way centerline of County Road 44H/Buckhorn Road which is classified as a minor collector, 100 feet from the centerline of Buckhorn Creek, and 5 feet from the side lot line in the O-Open zone.

 

            The Board having heard the testimony and arguments concerning the Application, and having reviewed the record and being fully advised in the premises adopted the following findings:

 

Findings

 

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

 

2.         The property location is Northwest quarter of Section 15, Township 7 North, Range 72; 31439 Buckhorn Road, Bellevue; located approximately 10 miles west of the intersection of County Road 27 and County Road 44H/Buckhorn Road.

 

3.         Site data is as follows:

 

a.         Land Area:                              

b.         Proposed Use:                         

c.         Existing Zoning:            

d.         Surrounding Zoning:                 

e.         Existing Land Use:                   

f.          Surrounding Land Uses:           

g.         Access:                                   

 

 

 

4.         The applicant’s request includes three parts:

 

(i) to allow an existing house with an addition to be located 38.43 feet from the right-of-way centerline of Buckhorn Road and 7.8 feet from the centerline of Buckhorn Creek when 70 feet is required from the right-of-way centerline line of Buckhorn Road and 100 feet is required from the centerline of Buckhorn Creek.

 

(ii) to allow a new garage to be 39.55 feet from the right-of-way centerline of Buckhorn Road, 16.6 feet from the centerline of Buckhorn Creek, and 3.75 feet from the side lot line, when 70 feet is required from the right-of-way centerline line of Buckhorn Road, 100 feet is required from the centerline of Buckhorn Creek, and 5 feet is required from the side lot line.

 

(iii) to allow an existing outhouse to be 38.07 feet from the right-of-way centerline of Buckhorn Road, 35 feet from the centerline of Buckhorn Creek, and 1.8 feet from the side lot line when 70 feet is required from the right-of-way centerline line of Buckhorn Road, 100 feet is required from the centerline of Buckhorn Creek, and 5 feet is required from the side lot line.

 

5.         The Board of County Commissioners approved a concurrent application to vacate a portion of the unused 7 foot utility easement along the south property line and a portion of the right-of-way of Buckhorn Road.  The right-of-way to be vacated is entirely on Lot 5 of Buckhorn Estates 1st.  An existing single family dwelling built in 1920, an existing shed, and an existing vault are partially within the right-of-way of Buckhorn Road.  The vault is also within a portion of the utility easement.  These structures have been in existence on the lot prior to this owner’s purchase.

 

6.         Buckhorn Road has a 100 foot right-of-way, but it is classified as a minor collector which typically only has an 80 foot right-of-way.  The current width of Buckhorn Road is 25 feet.  The applicant has been working with the Larimer County Planning Department, Engineering Department, and Health and Environment Department to resolve an existing encroachment into the right-of-way and utility easement.  The applicant is proposing to add on to the house and is relocating the existing shed further back out of the right-of way.  The applicant is requesting the minimum action necessary to accomplish these tasks. 

 

7.         There are no major issues or concerns with this request. 

 

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

 

9.         The applicable review criteria for the variance have been met as follows:

 

A.        There are special circumstances or conditions, such as exceptional topographic conditions, narrowness, shallowness or the shape of property, or other extraordinary and exceptional situation or condition of such piece of property, that are peculiar to the land or structure for which the variance is requested.

 

The property is a 2.18 acre lot with both relatively level and sloping topography.  The only relatively level area of the lot is constrained by a setback from the creek as well as the setback from Buckhorn Road.  In addition the existing structures on the lot already encroach into the road, creek, and side setback.

 

B.        The special circumstances are not the result of actions or inactions by the applicant or the current owner.

 

The above circumstances are not the result of action or inaction of the applicant.  The property’s physical characteristics were not created by the applicant.  In addition, the existing structures were built prior to the current owner owning the property.

 

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.

 

Because of the setbacks from Buckhorn Road and the creek as well as the topography of the lot, strict interpretation and enforcement of the provisions of the Code would cause unnecessary and undue hardship.

 

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 use the existing structures that were built prior to permit requirements and the current owner purchasing the property.  Granting the variance for the new structures and additions is the minimum action that could allow the garage to be built due to the existing site constraints.

 

E.         Granting the variance will not result in a substantial adverse impact on other property in the vicinity of the subject land or structure.

 

It is not anticipated that granting the variance would adversely affect any neighbors or their property.  No objections have been received from any of the neighboring property owners at this time.

 

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

 

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

 

 

 

 

 

G.        The recommendations of referral agencies have been considered.

 

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

 

10.       To approve this request would promote the harmonious development of the area, would be in the best interest of the people of Larimer County, would promote the convenience, prosperity and general welfare of the applicant and the immediate inhabitants of the area, and would be in consonance with the intent and purposes of the Larimer County Land Use Code.

 

Jean Christman moved and Greg Christensen 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 applicant be and he hereby is granted his setback variances as requested subject to the following conditions:

 

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

 

2.         This variance is only for the building(s) as submitted with this variance application.  All future buildings, additions, and improvements must meet County setback requirements.

 

3.         The Buckhorn Estates 1st, Lot 5 Right-of-Way and Easement Vacation must be approved by the Board of County Commissioners.

 

4.         This approval shall automatically expire one year from the date of this Resolution unless prior to expiration the applicants (a) take affirmative action consistent with this approval or (b) submit a written request showing good cause to extend the one year time limit.

 

BE IT FURTHER RESOLVED, that if this action involves approval of a use (or expansion of a use) not otherwise permitted on the subject property, and if in the future the subject property is divided, then this action shall only pertain to one parcel resulting from any such division(s) and the Board of County Commissioners shall in its discretion determine which one of the resulting parcels shall enjoy the benefits of this action.

 

The question was called and members Jean Christman, Eric Berglund, Greg Christensen and Alan Cram voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the setback variances were granted subject to conditions.

 

 

 

                                                     ***

 

By Motion duly made, seconded and carried, the meeting was adjourned at 7:05 p.m.

 

 

APPROVAL OF MINUTES

 

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

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                By:       __________________________________________

 

 

 

 

 

ATTEST:

 

 

 

________________________________

 

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