Loveland Bike Trail
 

MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

 

July 26, 2005

 

            The regular meeting of the Larimer County Board of Adjustment was held in the County Board Hearing Room in the Larimer County Courthouse, Fort Collins, Colorado at 7:00 p.m., July 26, 2005.  Members Kent Bruxvoort, Larry Chisesi, Eric Berglund, Evelyn King and Vincent Costanzi were present.  Also in attendance were County Planning Staff members Al Kadera and Casey Stewart and David P. Ayraud, Assistant County Attorney.

 

            By Motion duly made, seconded and carried, the reading of the Minutes of the meetings of April 26, 2005, May 10, 2005, May 24, 2005, June 14, 2005, and June 28, 2005 were dispensed with and such Minutes were approved.

 

File No:           #05-BOA0538 and #05-BOA0539 (Pettit and James Lot Size Variance)

Owners:          Colleen Pettit and Bill James

Applicant:       Gene Fischer

Property Description:

 

James Lot:

A tract of land situate in the East ½ of the Southwest ¼ of Section 32, Township 9 North, Range 68 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows:

Considering the North line of said East ½ of the Southwest ¼ of Section 32 as bearing S 89°34’23” E and with all bearings contained herein relative thereto; Commencing at the Northwest corner of said East ½ of the Southwest ¼ of Section 32, proceed    S 01°23’57” W, 482.50 feet along the West line of said East ½ of the Southwest ¼ of Section 32 to the point of beginning; thence S 89°34’23” E, 207.73 feet; thence S 31°27’59” E, 379.79 feet; thence N 89°34’23” W, 413.86 feet to a point on said West line; thence N 01°23’57” E, 322.50 feet more or less along said West line to the point of beginning. The above described tract contains 2.301acres more or less gross and is subject to all rights-of-way, easements, or restriction as now in use or on record.

 

Also known as:  2329 E. County Road 62E

                                    Wellington, CO  80549

 

Pettit Lot:

A tract of land situate in the East ½ of the Southwest ¼ of Section 32, Township 9 North, Range 68 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows:

Considering the North line of said East ½ of the Southwest ¼ of Section 32 as bearing S 89°34’23” E and with all bearings contained herein relative thereto; Beginning at the Northwest corner of said East ½ of the Southwest ¼ of Section 32; thence S 89°34’23” E, 207.73 feet along said North line; thence S 01°23’57”W 482.50 feet; thence N 89°34’23” W, 207.73 feet to a point on the West line of said East ½ of the Southwest ¼ of Section 32; thence N 01°23’57”E, 482.50 feet more or less along said West line to the point of beginning. The above described tract contains 2.301 acres more or less gross and is subject to a 30-foot wide county road right-of-way along the North side thereof and a 15-foot wide access easement along the east side thereof, and all other rights-of-way, easements, or restrictions as now in use or on record.

 

Also known as:  2329 E. County Road 62E

                                                            Wellington, CO  80549

 

            The Petition of Gene Fischer, requesting a variance was presented to the Board.  The Petition requested a lot size variance upon the above-described property to allow lot sizes of 2.3 acres for two separate existing lots rather than the required minimum lot size of 10 acres in the O-Open zone.

 

            The Board having heard the testimony and arguments concerning the Petition, and having reviewed the record and being fully advised in the premises adopted the following findings:

 

Findings

 

1.         This hearing has been duly advertised in a newspaper of general circulation as required by law.

 

2.         There were no persons in attendance who objected to the request.

 

3.         The property location is SW 32-09-68; located on the south side of County Road 62E, approximately ½ mile west of County Road 9.

 

4.         Site data is as follows:

 

a.         Land Area:                               2.3 acres each parcel

b.    Proposed Use:                           Single Family Residential

c.    Existing Zoning              O-Open

d.    Surrounding Zoning:                   O-Open

e.    Existing Land Use:                    Residential

f.    Surrounding Land Uses: Agricultural, Residential

g.    Access:                                    County Road 62E

 

5.         In 1984, a Partition Order (Case No. D-644) from the Larimer County District Court, was executed as the result of a previous divorce decree issued in 1977.  The order divided up the farm owned by Robert E. Smith and Francis M. Smith, parents of the current property owners (Colleen Pettit, Sharon James (recently deceased), and Ollie Rae Smith) and distributed 2.3 acres to each party.  A lot size variance was granted in March 2005 for the Ollie Rae Smith application.  The other two applications were tabled pending correction of an existing zoning violation.

 

6.         At the time of the partition order, the minimum lot size requirement for new parcels in the O-Open zoning district was ten acres.  The County is required to be notified when an action is filed with a court that will result in the division of property.  There was no record of this notification, and thus no opportunity for the County to make the court aware of the minimum lot size requirement.  The partition was ordered and the County Assessor’s office began taxing on the three new parcels.  The subject parcels never received proper lot size approval and therefore can not be granted building permits.  The two parcels have mobile homes on them, which do not have valid permits.  Upon discovering that the parcels were ineligible for permits, the applicant submitted this application for lot size variances for each of the two parcels of land.  The request is for approval of the same sizes that were created by the divorce decree – 2.3 acres (gross) each.

 

7.         The applicable review criteria for the variance have been met as follows:

 

  A.       There are special circumstances or conditions, such as exceptional topographic conditions, narrowness, shallowness or the shape of property, that are peculiar to the land or structure for which the variance is requested.

 

The special conditions peculiar to this land are the past legal actions taken by the court.

 

  B.       The special circumstances are not the result of action or inaction by the applicant.

 

The special conditions were not caused by any action or inaction by the owners.  The applicant/owner’s actions or inactions did not result in the special conditions above, but rather those of the district court.

 

C.        The strict interpretation and enforcement of the provisions of the code listed above would deprive the applicant of rights commonly enjoyed by other land in the area or land with the same zoning designation and would cause an unnecessary and undue hardship.

 

The strict enforcement of the provision of the code would cause an unnecessary hardship to the owners by not allowing the designation as a legal, conforming parcel and would prevent this owner or future owners from the ability to build on the property.  There are other properties in the area that have lots smaller than 10 acres, one of which also resulted directly from the same divorce decree and was recently granted a lot size variance (MCDS Lot Size Variance 04-BOA0483).

 

D.        Granting the variance is the minimum action that will allow use of the land or structure.

 

Granting the variances is the minimum action that will allow the parcels to be eligible for building permits.

 

E.         Granting the variance will not adversely affect other property in the vicinity of the subject land or structure.

 

It is not anticipated that granting the variances will adversely affect neighboring properties.  The parcels have existed since the decree in 1984.  The size and soil characteristics of the properties as noted in the memo from Department of Health are such that on-site septic systems are feasible.

 

F.         Granting the variance is consistent with the purpose of this code and the Master Plan.

 

By granting the variance, it will correct the unintended consequence of ineligibility for building permits and result in an appropriate outcome that considered the health, safety, and welfare of the owners and surrounding properties.  This would be consistent with the purpose of the code and Master Plan.

 

8.         To approve this request would promote the harmonious development of the area, would be in the best interest of the people of Larimer County, would promote the convenience, prosperity and general welfare of the applicant and the immediate inhabitants of the area, and would be in consonance with the intent and purposes of the Larimer County Land Use Code.

 

Evelyn King moved and Kent Bruxvoort 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 petitioner be and he hereby is granted lot size variances as requested subject to the following conditions:

 

1.    Within 60 days of this approval, the owners shall apply for the required building and electrical permits for all buildings on the properties that require permits.

 

            2.         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.

 

BE IT FURTHER RESOLVED, that in the event the Petitioner Gene Fischer not act upon the lot size variances granted herein by using the above-described property in accordance with the granted variances within one year from the date of this Resolution, this Resolution shall be null and void and of no further force and effect unless upon good cause shown to this Board, and said period of time shall have been extended; such application for an extension of time shall be made by Petition to this Board on or before one year from the date of this Resolution.  If this action involves approval of a use (or expansion of a use) not otherwise permitted on the subject property, and if in the future the subject property is divided, then this action shall only pertain to one parcel resulting from any such division(s) and the Board of County Commissioners shall in its discretion determine which one of the resulting parcels shall enjoy the benefits of this action.

 

The question was called and members Kent Bruxvoort, Larry Chisesi, Eric Berglund, Evelyn King and Vincent Costanzi voted in favor of the Resolution.  The Findings and Resolution were duly adopted and the lot size variance was granted subject to conditions.

 

 

 

 

File No:           #05-BOA0544 (Mishawaka Parking Special Exception)

Owner:            Mishawaka Land and Cattle, LTD

Applicant:       Robin Jones

Property Description:

 

            The applicant, Robin Jones, asked that his petition be tabled until August 23, 2005 at 7:00 p.m.

 

            Eric Berglund moved and Kent Bruxvoort seconded the motion that the Board table this matter until August 23, 2005 at 7:00 p.m.

 

            The question was called and members, Kent Bruxvoort, Larry Chisesi, Eric Berglund, Evelyn King and Vincent Costanzi voted in favor of the motion.

 

Other Business:

 

            Election of Chair of the Board.  Vincent Costanzi moved to nominate Larry Chisesi as Chair of the Larimer County Board of Adjustment.  Evelyn King seconded the Motion.  The question was called and members Kent Bruxvoort, Eric Berglund, Evelyn King and Vincent Costanzi voted in favor of the motion.  Member Larry Chisesi abstained from voting.

 

***

 

By Motion duly made, seconded and carried, the meeting was adjourned at 8:17 p.m.

 

 

APPROVAL OF MINUTES

 

            By Motion duly made, seconded and carried the above and foregoing minutes were approved on the _____ day of __________________, 2005.

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                By:       __________________________________________

 

 

 

 

 

ATTEST:

 

 

 

________________________________

 

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