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MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(November 14, 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., November 14, 2011 at which time the following business was transacted.

 

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

 

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

 

Minutes:

 

Peter Bohling moved and Sheri Hofeling seconded the Motion to approve the October 13, 2011 Minutes of the Larimer County Board of Adjustment as presented. Board members Sheri Hofeling, Peter Bohling, Alan Cram, Carol Dowding, and Jeffrey Schneider voted in favor of the Motion. The Minutes were unanimously approved.

 

Peter Bohling moved and Jeffrey Schneider seconded the Motion to approve the October 25, 2011 Minutes of the Larimer County Board of Adjustment as presented. Board members Sheri Hofeling, Peter Bohling, Alan Cram, Carol Dowding, and Jeffrey Schneider 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 Resolution: Sanford Setback Variance ( #11-BOA0866) Board members Sheri Hofeling, Peter Bohling, Alan Cram, Carol Dowding, and Jeffrey Schneider voted in favor of the Motion.

 

Carol Dowding moved and Peter Bohling seconded the Motion to approve the following Findings and Resolutions: Allen Setback Variance Amendment (11-BOA0867), Ruzinsky Modification Setback Variance (11-BOA0868), Haynes Setback Variance (11-BOA0870), and Sherer Setback Variance (11-BOA0865 ), Board members Sheri Hofeling, Peter Bohling, Alan Cram, Carol Dowding, and Jeffrey Schneider voted in favor of the Motion.

 

 

 

 

Applications:

 

A. Consent Applications

 

The following applications were approved by consent:

 

File No: #11-BOA0874 (Van Metre Setback Variance)

Owner: David Van Metre

Applicant: Al Hauser / Hauser Architects, P.C.

 

Request: The Application of Al Hauser / Hauser Architects, P.C., Allen Houser appearing, requesting a variance was presented to the Board. The Application requested a setback variance to allow a replacement deck to be located 10 feet from the rear property line rather than the required minimum of 15 feet in the R-Residential zone.

 

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

 

File No: #11-BOA0873 (Farmer Setback Variance)

Owner: Cody & Lisa Farmer

Applicant: Cody & Lisa Farmer

 

Request: The Application of Cody and Lisa Farmer requesting a variance was presented to the Board. The Application requested a setback variance upon the above described property to allow an existing deck to be located 6 feet from the south property line rather than the required minimum of 5 feet as required in the FA-1 Farming zone.

 

Action: Carol Dowding 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 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. The applicant shall secure and record a signed maintenance easement or agreement with the south neighbor and provide a copy of the recorded document to the Planning Department within 60 days of this approval.

 

5. Prior to permit issuance, 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 Sheri Hofeling, Peter Bohling, Alan Cram, and Carol Dowding voted in favor of the Resolution. Member Jeffrey Schneider abstained from voting. The Findings and Resolution were duly adopted and the setback variance was granted subject to conditions.

 

 

B. Discussion Applications

 

The following applications were ruled on after Board discussion:

 

File No: #11-BOA0871 (Hribar Setback Variance)

Owners/Applicants: Chad & Kari Hribar

 

Request: The Application of Chad & Kari Hribar, requesting a variance was presented to the Board. The Application requested a setback variance to allow a proposed garage to be located 15 feet from the rear property line rather than the required minimum of 25 feet in the FA-1 Farming zone.

 

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

 

File No: #11-BOA0872 (Estes Park Gun & Archery Club Height and Setback Variance)

Owner: United States of America Bureau of Reclamation

Applicants: Sharyn Gartner / Estes Park Gun & Archery Club

 

Request: The Application of Sharyn Gartner / Estes Park Gun & Archery Club, requesting a variance was presented to the Board. The Application requested a setback variance to allow a proposed shot barrier curtain to be 50 tall rather than the required maximum of 40, and for that curtain to be located 22.5 from the centerline of an intermittent stream rather than the required minimum of 100 in the O-Open zone.

 

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

 

 

Adjournment: The meeting was adjourned at 8:25 p.m.

 

(These proceedings were recorded by audio tape.)

 

LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

By: ______________________________________

Chair

 

ATTEST:

 

 

__________________________________

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.