MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(September 27, 2011)

 

            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 27, 2011, at which time the following business was transacted. 

 

Board Members Present:         Peter Bohling, Carol Dowding, Alan Cram, Jeffrey Schneider, and Sheri Hofeling

 

Staff Present:                          Toby Stauffer, County Planner, Eric Tracy, Civil Engineer, and William G. Ressue, Senior County Attorney

 

Minutes:  Carol Dowding moved and Peter Bohling seconded the Motion to approve the August 23, 2011 Minutes of the Larimer County Board of Adjustment as presented. Board members Peter Bohling, Carol Dowding, Alan Cram, Jeffrey Schneider, and Sheri Hofeling voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Carol Dowding moved and Peter Bohling seconded the Motion to approve the following Findings and Resolutions:  Hankins/Roth Setback Variance (#11-BOA0858) and  Albrecht E 57th Street Setback Variance  (#11-BOA0859).  Board members Peter Bohling, Carol Dowding, Alan Cram, Jeffrey Schneider, and Sheri Hofeling voted in favor of the Motion.

 

 

Applications:

 

A.        Consent Applications

 

The following applications were approved by consent:

 

File No:                       #11-BOA0866  (Sanford Setback Variance)

Owners/Applicants:    James and Betty Sanford

Request:  The Application of James and Betty Sanford, requesting a variance was presented to the Board.  The initial Application requested a setback variance to allow a replacement deck to be located 41 feet and stairs to be 36 feet from the south property line rather than the required minimum of 50 feet in the E-Estate zone.   At the hearing, Applicant James Sanford modified his application and requested that he be granted a setback of 42 feet rather than 41 feet from the south property line.

 

Action:  Peter Bohling moved and Jeffrey Schneider seconded the Motion to approve the Application as modified 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.         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.

 

4.         Prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land Surveyor indicating that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Development.

 

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

 

 

File No:                       #11-BOA0862  (Sellers Setback Variance)

Owners:                       Ken and Melissa Sellers

Applicants:                  Joe Hosek / Core Architecture

Request:  The Application of Joe Hosek and Core Architecture, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a proposed garage to be located 10 feet from the side property line rather than the required minimum of 25 feet in the O-Open zone.

 

Action:  Peter Bohling moved and Jeffrey Schneider 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.         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.

 

4.         Prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land Surveyor indicating that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Development.

 

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

 

 

File No:                       #11-BOA0863  (Stratman/Griffin Setback Variance)

Owners:                       Daniel Stratman and James Griffin

Applicant:                   Daniel Stratman

Request:  The Application of Daniel Stratman, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a proposed house to be located 5 feet from the property line with a roof eave 3 feet from the side property line rather than the required minimum of 5 feet in the FA-Farming zone.

 

Action:  Peter Bohling moved and Jeffrey Schneider 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.         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.

 

4.         Prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land Surveyor indicating that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Development.

 

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

 

 

B.        Discussion Applications

 

The following applications were ruled on after a full hearing and Board discussion:

 

File No:           #11-BOA0864  (Larsen Setback Variance)

Owner:                        Jeramiah Larsen

Applicant:       Joe Hosek / Core Architecture

Request:   The Application of Joe Hosek and Core Architecture, requesting a variance was

 

 

presented to the Board.  The Application requested a setback variance to allow a new outbuilding to be 57 feet from the centerline of S. County Road 13 rather than the required minimum of 100 feet in the FA-1 Farming zone.  Toby Stauffer presented an amended condition 4, to which applicant agreed.  Board member Schneider clarified that the variance is for 57 feet, 3 inches.

 

Action:  Peter Bohling moved and Sheri Hofeling seconded the Motion to approve the Application with the following conditions (including amended condition 4):

           

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.         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.

 

4.         Garage doors for this building shall be placed on the south face of the building and no parking or access is allowed on the east side of the proposed building. Any parking associated with the use must maintain a 20-foot parking area that does not conflict with the proposed right of way.  Access to the new building shall be from a legal permitted access. If the current access is not legal or permitted, the applicant shall secure an access permit from the County within 60 days of this approval. 

 

5.         Prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land Surveyor indicating that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Development.

 

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

 

                                                            Other Business

           

            Peter Bohling moved and Carol Dowding seconded the motion that Alan Cram be appointed chair of the Board of Adjustment.  The question was called and members Peter Bohling, Carol Dowding, Alan Cram  Jeffrey Schneider, and Sheri Hofeling voted in favor of the Motion.  The motion passed.

                                  

                                                                       


                                                                        ***

 

By Motion duly made, seconded and carried, 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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