§ 4.6.7. Administrative variance.

The administrative variance process requires a pre-application conference and review by the planning director. Administrative variances automatically expire if not acted upon within 12 months of the date of the written approval of the planning director. The decision of the planning director may be appealed to the board of adjustment. See section 22, appeals.

A.

The planning director is hereby authorized to approve administrative variances from the required 100-foot setback from the centerline of streams, creeks and rivers up to 50 percent of the required setback provided the following criteria are met.

1.

The review criteria for a setback variance in section 4.6.3 are met or determined to be inapplicable;

2.

The proposed building site is not within a wetland area;

3.

The proposed building site is not within a 100-year floodplain; and

4.

The proposed building site is not within any federally designated threatened or endangered species critical habitat.

B.

The planning director is hereby authorized to approve administrative variances from the county road setback requirements listed in section 4.9.1.B. for additions to existing buildings which are nonconforming with respect to county road setbacks, subject to the following criteria:

1.

The proposed addition must meet the following minimum setbacks:

a.

Arterial roads—90 feet from ROW centerline;

b.

Major collector roads—80 feet from ROW centerline;

c.

Minor collector roads—60 feet from ROW centerline;

d.

Local roads—55 feet from ROW centerline.

2.

Written documentation has been provided to the planning department that the property owners in the vicinity of the proposal as defined in the land use code, or as determined by the planning director, have been notified and they have indicated they support the variance request;

3.

No portion of the original building or the proposed addition is within the future right-of-way identified by the Larimer County Functional Road Classification.

4.

The review criteria in section 4.6.3 are met or determined to be inapplicable.

C.

The planning director is hereby authorized to approve administrative variances from the required setback on one side of a corner lot for an addition to an existing building which is nonconforming with respect to the required street or road setback provided the following criteria are met.

1.

The building is nonconforming with regards to the street or road setback that is not along the front lot line.

2.

The proposed addition must not come any closer to the road than the existing building.

3.

The lot is less than one-half acre in size.

4.

Written documentation has been provided to the planning department that the property owners in the vicinity of the proposal as defined in the land use code, or as determined by the planning director, have been notified and they have indicated they support the variance request;

5.

No portion of the original building or the proposed addition is within the future right-of-way identified by the Larimer County Functional Road Classification or the Colorado Department of Transportation.

6.

The review criteria for a setback variance in section 4.6.3 are met or determined to be inapplicable.

D.

The planning director is hereby authorized to approve administrative variances from all setback requirements up to ten percent of the required setback after finding the proposed setback is consistent with the intent and purpose of this code.

E.

The planning director is hereby authorized to approve administrative variances from the county road setback requirements listed in section 4.9.1. or the applicable zoning district, for properties in unincorporated Larimer County along a road or street that has been annexed and is under the jurisdiction of another municipality, subject to the following criteria:

1.

Written documentation has been provided to the planning department indicating that the proposed structure will meet the setback requirements applicable within the jurisdiction in which the road is located.

2.

The review criteria for a setback variance in section 4.6.3 are met or determined to be inapplicable.

(Res. No. 09262006R024, Exh. A, Item 5, 9-26-2006; Res. No. 01232007R005, Exh. A, 1-23-2007; Res. No. 04102007R008, Exh. A, 4-10-2007; Res. No. 04102007R009, Exh. A, 4-10-2007; Res. No. 04012008R002, Exh. A, 4-1-2008; Res. No. 04282009R001, Exh. A, 4-28-2009; Res. No. 07282015R006, § 2, 7-28-2015)