MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(February 26, 2013)

 

            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., February 26, 2013 at which time the following business was transacted. 

 

Board Members Present:         Mike Handley, Sheri Hofeling, Jeffrey Schneider, and Tom Peterson

 

Staff Present:                          Savanah Benedick, County Planner, and William G. Ressue, Senior County Attorney         

 

Posting of Meetings: Sheri Hofeling moved and Mike Handley seconded the motion that the Board of Adjustment designate the Oak Street entrance to the Larimer County Courthouse as the public posting place for notices of all official actions and public meetings in accordance with the requirements of the Colorado Open Meetings laws (C.R.S. §24-6-402). The question was called and members Mike Handley, Sheri Hofeling, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion. The motion passed.

 

Minutes:  Tom Peterson moved and Sheri Hofeling seconded the Motion to approve the December 18, 2012 Minutes of the Larimer County Board of Adjustment as presented. Board members Mike Handley, Sheri Hofeling, Jeffrey Schneider, and Tom Peterson voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Tom Peterson moved and Sheri Hofeling seconded the Motion to approve the following Findings and Resolution: Glen Haven Setback Variance (#12-BOA0915)  Board members Mike Handley, Sheri Hofeling, Jeffrey Schneider and Tom Peterson voted in favor of the Motion.

 

 

Applications:

 

A.        Consent Applications

 

The following application was approved by consent:

 

File No: #12-BOA0925 (Gabel Setback Variance)

Owner: Randy Albert and Martha B. Gabel

Applicant: Petrie Construction / James Petrie

 

Request: The Application of Petrie Construction / James Petrie, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a proposed garage to be located 10’ from the right-of-way rather than the required minimum of 45’ in the E-Estate zone.

 

Action:  Sheri Hofeling moved and Mike Handley 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.         The proposed 10’ x 30’ utility easement vacation request shall be approved by the Board of County Commissioners before this variance can be considered valid.

 

5.         The propane tank shall be located to satisfy spacing requirements as required by the National Fire Protection Agency before a building permit is issued.

 

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 Mike Handley, Sheri Hofeling, Jeffrey Schneider and Tom Peterson voted in favor of the Motion.  The Application was approved with conditions.

 

B.        Discussion Applications

 

The following application was ruled on after Board discussion:

 

File No: #12-BOA0922  (Duerr Setback Variance)

Owners/Applicants:  Felix M. Duerr

 

Request:   The Application of Felix M. Duerr, requesting a variance was presented to the Board.  The Application requested a setback variance to allow an existing shed to be located 68’ from the centerline of Douglas Road rather than the required minimum of 110’ in the FA-Farming zone.

 

Action:  Tom Peterson moved and Mike Handley 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.         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.         Applicant at his sole cost and expense shall remove or move the shed out of the County right-of-way in the event the City of Fort Collins or Larimer County requires use of that portion of the right of way on which the shed is located.  This provision shall run with the land and be binding on owner’s heirs, successors and assigns

 

Board members Mike Handley, Sheri Hofeling, Jeffrey Schneider and Tom Peterson voted in favor of the Motion.  The Application was approved with conditions. 

 

Adjournment:  The meeting was adjourned at 7:50 p.m.

 

(These proceedings were recorded by audio tape.)

 

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

 

ATTEST:

 

 

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