MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(November 27, 2012)

 

            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 27, 2012 at which time the following business was transacted. 

 

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

 

Staff Present:                          Karin Madson and Matt Lafferty, County Planners, and William G. Ressue, Senior County Attorney        

 

Minutes:  Carol Dowding moved and Sheri Hofeling seconded the Motion to approve the October 23, 2012 Minutes of the Larimer County Board of Adjustment as presented. Board members Tom Peterson, Jeffrey Schneider, Alan Cram, Carol Dowding, and Sheri Hofeling 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: Daley Setback Variance (File #12-BOA0915) and Stratman/Griffin Setback Variance (File #11-BOA0863) Board members Tom Peterson, Jeffrey Schneider, Alan Cram, Carol Dowding, and Sheri Hofeling voted in favor of the Motion.

 

 

Applications:

 

A.        Consent Applications

 

There were no applications approved by consent.

 

 

B.        Discussion Applications

 

The following applications were ruled on after Board discussion:

 

File No:           #12-BOA0920  (Lyons/Hoshiko Setback Variance)

Owner:           James Dennis & Kay Marclyn Hosiko

 

Request:   The Application of James Dennis & Kay Marclyn Hosiko, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a new home to be located 12.3 feet rather than the required minimum of 25 feet from the road/property line, and to be located 28.9 feet from a stream rather than the required minimum of 100 feet in the FO-Forestry 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.         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 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.         During the construction of the house, erosion control measures must be used to eliminate any silt or materials from entering the drainage way.  In addition, all disturbed areas must be properly revegetated as soon as practicable.

 

6.         No garage doors or parking area are allowed along the front side of the residence facing the road. 

 

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

 

 

File No:                       #12-BOA0919  (Bieu Setback Variance)

Owners/Applicants:  Earl & Frances Bieu

 

Request:   The Application of Earl & Frances Bieu, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an addition to an existing home, that is currently within the Highway 34 required setback, to be located 45.1 feet from the right-of-way centerline and 5.1 feet from the right-of-way line rather than the required minimum of 100 feet from the right-of-way centerline or 50 feet from the right-of-way line, whichever is greater , in the O-Open zone.  It was noted for the Board that the applicant removed the existing metal shed that encroached into the road right-of-way.

 

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.         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.         Prior to application for building permit for the addition the applicant shall remove or relocate the existing shed so that it is located out of the Highway 34 right-of-way.  If the shed is relocated it will need to meet applicable setbacks.

 

5.         During construction the applicant shall take measures protect the well and ensure that drainage from the structure is directed away from the well once the addition is finished.  

 

6.         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.

 

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

 

 

File No:                       #12-BOA0916  (Rollins Setback Variance)

Owners/Applicants:              Michael Rollins

 

Request:   The Application of Michael Rollins, requesting a variance was presented to the Board.  The Application requested four variances:

 

i)  to allow the residence to remain located 62 feet from centerline, 20.6 feet from the right-of-way line of Highway 34, and 3 feet from the easterly side property line rather than the required minimum of 100 feet from the centerline, or 50 from the right-of-way line of Highway 34, whichever is greater, and the required minimum of 5 feet from the side property line;

 

ii)  to allow the carport addition to remain located 4.5 feet from the side property line and 44 feet from the centerline or 3 feet from the right-of-way line of Highway 34 rather than the required minimums of 5 feet from the side property line, and the required front yard setback of 100 feet from the centerline, or 50 from the right-of-way line of Highway 34, whichever is greater;

 

iii)  to allow an existing shed to remain located 1 foot from the side property line and 50 feet from the centerline or 10 feet from the right-of-way line of Highway 34 rather than the required minimums of 5 feet from the side property line, and the required front yard setback of 100 feet from the centerline, or 50 from the right-of-way line of Highway 34, whichever is greater; and

 
            iv)  to allow an existing studio building to remain located 1.2 feet from the side property line rather than the required minimum of 5 feet and to remain 92 feet from the centerline of the Highway rather than the required minimum of 100 feet.

 

Action:  Tom Peterson moved and Sheri Hofeling 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 is hereby granted his setback variance to allow the residence to remain located 62 feet from centerline, 20.6 feet from the right-of-way line of Highway 34, and 3 feet from the easterly side property line 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.    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.

 

3.    This approval shall automatically expire in one year unless the applicant takes affirmative action consistent with this approval.

 

4.    The applicant shall apply for and have finalized all necessary building permits for the existing un-permitted additions and improvements to the original residence.

 

The question was called and members Tom Peterson, Jeffrey Schneider, Alan Cram, Carol Dowding, and Sheri Hofeling voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the setback variances were granted subject to conditions.

 

Jeffrey Schneider moved and Sheri Hofeling seconded the Motion that the Board adopt the following Resolution:

 

             BE IT FURTHER RESOLVED that Applicant be and he is hereby granted a setback variance to allow the carport addition to be located three feet from the front property line subject to the following conditions:

 

1.         This approval shall automatically expire in one year unless the applicant takes affirmative action consistent with this approval.

 

2.         The applicant shall apply for and obtain all necessary permits and complete all required inspections within a year of this approval.

 

The question was called and members Tom Peterson, Jeffrey Schneider, Alan Cram, and Sheri Hofeling voted in favor of the Resolution.  Member Carol Dowding voted against the Resolution. The Findings and Resolution were duly adopted and the setback variances were granted subject to conditions.

 

Jeffrey Schneider moved and Sheri Hofeling seconded the Motion that the Board adopts the following Resolution:

 

            BE IT FURTHER RESOLVED that Applicant be and he is hereby granted a setback variance to allow an existing shed to remain located 1 foot from the side property line and 50 feet from the centerline or 10 feet from the right-of-way line of Highway 34 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 approval shall automatically expire in one year unless the applicant takes affirmative action consistent with this approval.

 

3.         The shed must remain on a non-permanent foundation.

 

4.         The applicant must obtain written consent from his neighbor indicating that the neighbor does not object to the shed remaining in its present location. If consent is not given, the shed must be relocated to a minimum of 5 feet from the side property line and a minimum of 17 feet from the front property line.

 

The question was called and members Tom Peterson, Jeffrey Schneider, Alan Cram, Carol Dowding and Sheri Hofeling voted in favor of the Resolution. The Findings and Resolution were duly adopted and the setback variances were granted subject to conditions.

 

Jeffrey Schneider moved and Sheri Hofeling seconded the Motion that the Board adopt the following Resolution:

 

BE IT FURTHER RESOLVED that Applicant be and he is hereby granted a setback variance to allow an existing studio building to remain located 1.2 feet from the side property line and to remain 92 feet from the centerline of the Highway.

 

            The question was called and members Tom Peterson, Jeffrey Schneider, Alan Cram, Carol Dowding and Sheri Hofeling voted against the Resolution. The Application was denied for failure to receive the requisite four votes in favor.

 

Adjournment:  The meeting was adjourned at 9:15 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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