MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(September 24, 2013)

 

            The regular meeting of the Larimer County Board of Adjustment was held in the County Board Hearing Room in the Larimer County Courthouse Offices, Fort Collins, Colorado at 7:00 p.m., September 24, 2013 at which time the following business was transacted. 

 

Board Members Present:         Sheri Hofeling, Carol Dowding, Alan Cram, Jeffrey             Schneider, and Tom Peterson

 

Staff Present:                          Karin Madson and Savanah Benedick, County Planners, and Jeannine Haag, County Attorney        

 

Minutes:  Carol Dowding moved and Sheri Hofeling seconded the Motion to approve the August 27, 2013 Minutes of the Larimer County Board of Adjustment as presented. Board members Sheri Hofeling, Carol Dowding, Alan Cram, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Carol Dowding  moved and Sheri Hofeling seconded the Motion to approve the following Findings and Resolutions: Wormus Setback Variance (#13-BOA0956) and Alvarez Setback Variance (#13-BOA0957).  Board members Sheri Hofeling, Carol Dowding, Alan Cram, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.

 

 

Applications:

 

A.        Consent Applications

 

The following applications were approved by consent:

 

File No:                       #13-BOA0961 (Black Setback Variance)

Owner/Applicant:       Daniel Black

 

Request: The Application of Daniel Black, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an addition and reconstruction of a house that will be in line with the existing structure, to be located 62’10” from the centerline of the arterial road rather than the required minimum of 110 feet from the centerline in the O-Open zone.

 

Action:  Sheri Hofeling moved and Carol Dowding seconded the Motion to approve the Application with 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 approval shall automatically expire one year from the date of this Resolution unless prior to expiration the Applicant (a) takes affirmative action consistent with this approval, OR (b) submits a written request showing good cause to extend the one year time limit.

 

3.         All future additions or buildings that would be within setbacks as defined in the Land Use Code must go through the proper county review and planning process prior to construction.  This may include additional variance requests for the above mentioned structures that do not have building permits or inspection approvals.


            4.         After the applicant applies for a building permit but prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land surveyor that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Department.

 

5.         If the garage location will be changing with the reconstructed home, west facing garage doors are not allowed and the new location of the garage and driveway shall allow for forward movement onto Shields Street. 

 

            6.         The applicant shall be aware of the potential for increased noise and visual impacts as traffic increases and/or when the road is widened in the future. Future buyers of the property should be made aware of this through a disclosure statement or similar notice that is apparent when performing a title search.  

 

Board members Sheri Hofeling, Carol Dowding, Alan Cram, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.  The Application was approved with conditions. 

 

 

File No:                                   #13-BOA0958  (Maddox Setback Variance)

Owners/Applicants:                Dale & Deanna Maddox        

 

Request:   The Application of Dale and Deanna Maddox, requesting five setback variances was presented to the Board.  The Applicants request the following four variances from the minimum requirement of 25’ in the O-Open zone; 1) to allow an existing garage to be located 2.5’ from the Bear Claw Way access easement; 2) a new overhang addition to be located 7.2’ from the access easement; 3) an existing original house to be located 20.5’ from the access easement; and 4) the porch addition to the house to be located 11.9’ from the access easement. Applicants also request a variance to allow an existing house to be located 4.1’ from the side lot line rather than the required minimum of 5’ in the O-Open zone. In connection with this variance request, Applicants pursued an amended plat for this property, which was approved by the Board of County Commissioners on September 23, 2013.

 

Action:  Sheri Hofeling moved and Carol Dowding seconded the Motion to approve the Application with 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 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.

 

3.         All future additions or buildings that would be within setbacks as defined in the Land Use Code must go through the proper county review and planning process prior to construction.

 

4.         After the Applicants apply for a building permit but prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land surveyor that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Department.

 

5.         No vehicles are permitted to be parked in the right-of-way adjacent to this property.

 

6.         The existing detached garage will be required to be fire protected.   The wall assembly is to be 1-hour fire rated and the projections/overhangs 1-hour fire rated on the underside of the projections.

 

Board members Sheri Hofeling, Carol Dowding, Alan Cram, Jeffrey Schneider and Tom Peterson voted in favor of the Motion. The Application was approved with conditions. 

 

B.        Other Business

 

Board member Dowding moved and Hofeling seconded the motion to appoint Alan Cram as Chair of the Board.  Board members Sheri Hofeling, Carol Dowding, Alan Cram, Jeffrey Schneider and Tom Peterson voted in favor of the Motion.

 

 

Adjournment:  The meeting was adjourned at 7:25 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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