Loveland Bike Trail
 

MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(October 25, 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., October 25, 2011, at which time the following business was transacted. 

 

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

 

Staff Present:                          Toby Stauffer, County Planner, and William G. Ressue, Senior County Attorney

 

Minutes:  Peter Bohling moved and Carol Dowding seconded the Motion to approve the September 27, 2011 Minutes of the Larimer County Board of Adjustment as presented. Board members Carol Dowding, Peter Bohling, Alan Cram, Jeffrey Schneider, Sheri Hofeling voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Peter Bohling moved and Carol Dowding seconded the Motion to approve the following Findings and Resolutions: Sanford Setback Variance (#11-BOA0866), Sellers Setback Variance (#11-BOA0862), Stratman/Griffin Setback Variance (#11-BOA0863),  and Larsen Setback Variance (#11-BOA0864). Board members Carol Dowding, Peter Bohling, Alan Cram, Jeffrey Schneider, Sheri Hofeling voted in favor of the Motion.

 

 

Applications:

 

A.        Consent Applications

 

The following applications were approved by consent:

 

File No:           #11-BOA0867  (Allen Setback Variance)

Owners:           Daniel and Vicki Allen

Applicant:       Dale Lindholm

 

Request: The Application of Dale Lindholm, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a proposed garage to be 11 feet from the rear property line rather than the required minimum of 25 feet in the R-Residential zone.

 

Action:  Peter Bohling 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 in one year unless the applicant takes affirmative action consistent with this approval.

 

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

 

 

File No:                       #11-BOA0868  (Ruzinsky Setback Variance)

Owner/Applicant:       William Ruzinsky

 

Request: The Application of William Ruzinsky requesting a variance was presented to the Board.  The application requested a modification to a variance approved on May 25, 2010 (File #10-BOA0793) to remove and replace the existing garage with a new garage in the same location, 2 feet from an access road rather than the required minimum of 25 feet.

           

Action:  Peter Bohling 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(s) (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.         After the applicant applies for a building permit, 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 development.

 

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

 

 

 

 

 

 

File No:                       #11-BOA0870 (Haynes Setback Variance)

Owner/Applicant:       Clifton Haynes

 

Request: The Application of Clifton Haynes, requesting a variance was presented to the Board.  The Application requested a setback variance to allow the applicant/owner to build a new carport 4 feet from the Nadine Ct. right-of-way line rather than the required minimum of 25 feet in the R-Residential zone.

 

Action:  Peter Bohling 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.         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 Carol Dowding, Peter Bohling, 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 Board discussion:

 

File No:                                   # 11-BOA0865 (Sherer Setback Variance)

Owners/Applicants:                Levon & Jamie Sherer

 

Request:   The Application of Levon and Jamie Sherer, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an existing storage building to be located 33 feet from the centerline of an intermittent stream rather than the required minimum of 100 feet in the FA-1 Farming zone

 

Action:  Peter Bohling moved and Sheri Hofeling 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 in one year unless the applicant takes affirmative action consistent with this approval.

 

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.    After the applicant applies for a building permit, 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 development.

 

5.    Prior to March 27, 2012, the applicant shall remove all debris and obstructions in the dry gulch and ensure that the area is vegetated and free of debris in the future.

 

            Members Peter Bohling and Sheri Hofeling voted in favor of the motion.  Members Carol Dowding, Alan Cram, Jeffrey Schneider voted against the motion.  The Application was denied for failure to receive the requisite four votes in favor.

 

Whereafter, Carol Dowding 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 in one year unless the applicant takes affirmative action consistent with this approval.

 

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.    After the applicants apply for a building permit, 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 development.

 

5.    Prior to March 27, 2012, the applicant shall remove all debris and obstructions in the dry gulch and ensure that the area is vegetated and free of debris in the future.

 

6.         Applicants will remove the lean-to (is there a more appropriate name?) that is affixed to the storage building.

 

Members Carol Dowding, Alan Cram, and Jeffrey Schneider voted in favor of the motion. Members Peter Bohling and Sheri Hofeling voted against the motion.  The Application was denied for failure to receive the requisite four votes in favor.

 

Following failure of the foregoing Motion, discussion among the Board members ensued concerning the need to take down the entire building if the application were denied.  A less drastic alternative would result if only the lean-to were required to be removed. 

 

Whereafter, Carol Dowding moved and Jeffrey Schneider seconded the same Motion and conditions previously made 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 in one year unless the applicant takes affirmative action consistent with this approval.

 

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.         After the applicants apply for a building permit, 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 development.

 

5.         Prior to March 27, 2012, the applicant shall remove all debris and obstructions in the dry gulch and ensure that the area is vegetated and free of debris in the future.

 

6.         Applicants will remove the lean-to that is affixed to the storage building.

 

The question was called and members Carol Dowding, Alan Cram, Sheri Hofeling and Jeffrey Schneider voted in favor of the motion. Member Peter Bohling voted against the motion.  The Application was granted.

 

Whereafter, Carol Dowding moved and Jeffrey Schneider seconded the Motion that the Board amend condition 5 to allow applicant until June 27, 2012  to remove all debris and obstructions in the dry gulch and ensure that the area is vegetated and free of debris in the future.

 

The question was called and members Carol Dowding, Peter Bohling, Alan Cram, Sheri Hofeling and Jeffrey Schneider voted in favor of the amendment and the amendment was approved.


 

 

 

Adjournment:  The meeting was adjourned at 7:45 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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