PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 22, 2000

LAND USE PLANNING MEETING

(#609 & 610)

The Board of County Commissioners met in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Rennels presided and Commissioner Disney was present. Also present were Jeannine Haag, Assistant County Attorney; Fred Starr, Planner II; Sarah Flick, Environmental Planner; Rob Helmick, Senior Planner; Sean Wheeler, Planner II; Matt Lafferty, Planner II; Claudia DeLude, Code Enforcement Officer; Carol Evans, Planner II; Doug Ryan, Environmental Planner; Sylvester Mabry, Civil Engineer; Traci Downs, Civil Engineer; and Al Kadera, Planner II. Recording Clerk: Jean O'Connor.

Chair Rennels stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

  1. AMENDED PLAT OF LOTS 81 AND 83, MEADOWDALE HILLS, SECOND FILING: SE 1/4 34-5-72; ON THE WEST SIDE OF PINE TREE DRIVE, APPROXIMATELY 4 MILES SOUTHEAST OF ESTES PARK ON U.S. HWY 34.
  2. This is a request for an amended plat to combine Lots 81 and 83 of Meadowdale Hills, Second Filing and to vacate an existing 15-ft. access easement and an existing 20-ft. wide Utility Easement. The resultant lot is 4.37 acres in size. Staff findings are 1. The Meadowdale Hills Second Filing was recorded on 5/14/64; 2. The applicant proposes to combine Lots 81 and 83, into a single 4.37-acre lot to be used for construction of one single-family dwelling; 3. There are no objections to the proposed amended plat from utility providers or County staff; 4. The Larimer County Board of Commissioners is not able to vacate the 15-ft. Access Easement recorded on 7/29/85 under Reception # 85036546 as requested by the applicant for the reason(s) noted in the Project Description/Background; 5. The proposed amended plat is consistent with existing development in the area and is in compliance with the provisions of the Larimer County Land Use Code. Staff recommendation is 1. Approve the Amended Plat of Lots 81 and 83, Meadowdale Hills, Second Filing; 2. Approve the request to vacate the existing 20-ft. Utility Easement located along the previous common lot line between Lots 81 and 83, Meadowdale Hills Second Filing; 3. Deny request to vacate the 15-ft. Access Easement recorded under Reception # 85036546. Also, staff recommendations as noted above with the following conditions per the Larimer County Engineering Department to be completed prior to recording the final plat: 1. Label all non-tangent curves and show all radial bearings to all points of non-tangency. (See Letter dated 4/10/00 from Dale Greer); 2. Applicant shall provide the Planning Department with two original mylar drawings of the Amended Plat containing all signatures except for those from Larimer County.

  3. AMENDED PLAT OF LOTS 10-12, & LOTS 14-18, BLOCK 30, SOUTH NOKOMIS LAKE SUBDIVISION: SW 1/4 OF SECTION 21, TOWNSHIP 10N, RANGE 73W; LAKE NOKOMIS SUBDIVISION IN RED FEATHER.
  4. This is a request for the owner of all the lots requests that the property lines between these adjacent lots be eliminated so that they will be consolidated into a single lot, called Lot 10A, which will be 40,509 sq. feet. A portion of Little Sioux Road extends into Lot 14; it will be vacated by a separate document. Staff recommendation is to approve the proposed amended plat of Lots 10 - 12 & Lots 14 - 18, Block 30, South Nokomis Lake Subdivision, File #00-S1567 with one possible condition. If there have been any additions to the single-family house that was originally constructed in 1973, a building permit must be obtained.

  5. AMENDED PLAT OF LOT 2 AND PORTIONS OF LOTS 1 & 3, LETITIA LAKE SUBDIVISION 2ND FILING: NW 1/4 OF SECTION 27, TOWNSHIP 10 NORTH, RANGE 73 WEST; LOCATED IN THE LETITIA LAKE SUBDIVISION IN THE GENERAL VICINITY OF RED FEATHER, SLIGHTLY SOUTHEAST OF CR 179.
  6. This is a request for the owner of Lot 2, and portions of Lots 3 and 1 wishes to consolidate the Lots and the portion into a single Lot 2. A house straddles the current property boundary between Lots 3 & 2. This boundary will be eliminated by the Plat. Staff recommendation is approve the proposed Amended Plat of Lot 2 and a Portion of Lots 1 & 3, Block 1, Letitia Lake Subdivision 2nd Filing, File #00-S1568 with one condition. The County's Land Surveyor wants a bearing on the west line of the parcel to be reviewed before final recording of the plat.

  7. STAFF REQUESTED EXTENSION OF TIME TO COMMENCE A BOARD OF COUNTY COMMISSIONERS HEARING FOR PROJECTS SUBMITTED UNDER THE PREVIOUS REGULATIONS.

This is a request to extend the time necessary for a Board of County Commissioners hearing as specified in section 3.6.d of the Larimer County Land Use Code, for the following projects:

  • Foothills Vista Subdivision - File #99-S1416 in Section 14, Township 5, Range 70

  • Sagert Amended Special Review - File #99-Z1295 in Section 19, Township 9, Range 71

  • Pearl Creek Estates Subdivision - File #99-S1397 in Sections 10, 11 & 12, Township 10, Range 74

  • Teal Creek Planned Unit Development - File #99-S1415 in Section 13, Township 07, Range 68

  • Backbone Meadows Subdivision - File #99-S1451 in Section 7, Township 5, Range 69

  • Harvest Heights Subdivision - File #99-S1453 in Section 17, Township 4, Range 69

Staff recommendation is for approval to extend the deadline as defined in Section 3.6.D of the Larimer County Land Use Code only for the applications listed below to September 5, 2000.

  • Foothills Vista Subdivision - File #99-S1416 in Section 14, Township 5, Range 70
  • Sagert Amended Special Review - File #99-Z1295 in Section 19, Township 9, Range 71
  • Pearl Creek Estates Subdivision - File #99-S1397 in Sections 10, 11 & 12, Township 10, Range 74
  • Teal Creek Planned Unit Development - File #99-S1415 in Section 13, Township 07, Range 68
  • Backbone Meadows Subdivision - File #99-S1451 in Section 7, Township 5, Range 69
  • Harvest Heights Subdivision - File #99-S1453 in Section 17, Township 4, Range 69

  1. SUMMITVIEW INDUSTRIAL PARK LOTS 1 & 2 EASEMENT VACATION aka FERGUSON ENTERPRISES, INC. TAXIWAY AND UTILITY EASEMENT VACATION #00-S1561: SW 1/4 08-07-68; ON THE WEST SIDE OF TIMBERLINE ROAD, NORTH OF MULBERRY ON DONELLA COURT.
  2. This is a request for approval to vacate an existing 60-foot wide by 467.68 foot long Taxiway Easement, an 80 foot wide Drainage Easement, and a 60 foot wide Drainage, all which run along the south property line of Lots 1 & 2 of the Summit View Industrial Park. The applicant will add two 20-foot wide drainage easements to replace those being vacated. Staff findings include 1. The proposed easement vacations are in compliance with the Larimer County Master Plan, and the Land Use Code; 2. The easement vacations are compatible with other development in the surrounding area; 3. Approval of the easement vacations will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the easement vacations. Staff recommendation is approval of the request to vacate a 60-foot by 467.68 foot Taxiway easement, an 80-foot Drainage Easement and a 60-foot Drainage Easement, all of which run along the south property line of Lots 1 and 2 within the Summit View Industrial Park. A 20-foot wide by 467.68-foot long Drainage and Utility easement will replace the vacated easements. In addition, a 20-foot wide by 140 foot long Drainage and Utility Easement will also be added along the west property line of the Lot directly south of Lot 1. The above approval is subject to the following condition; 1. The applicant shall provide the Larimer County Engineering Department with adequate information to determine that the 20-wide easement is sufficient for proper drainage, and make whatever changes to width may be required, prior to recording of the Findings and Resolution for this application.

  3. GLENN RIDGE ESTATES SUBDIVISION: THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 68 WEST: LOCATED ON THE NORTH SIDE OF COUNTY ROAD 48 APPROXIMATELY 1/4 MILE EAST OF COUNTY ROAD 3.
  4. This is a request for Preliminary Plat approval to subdivide a 38.9 acre parcel located on the north side of County Road 48 approximately 1/4 mile east of County Road 3. The request is for 10 single family residential lots ranging in area from 2.3 to 4.57 acres in area, and one 6.43 acre open space tract. Staff recommends approval of Glen Ridge Estates Subdivision, Case file #99-S1502 subject to the following Planning Commission recommended conditions and the staff additions of "t and u": a. The Final Plat of the subdivision is to be completed in strict conformance to the Zoning and Subdivision Resolution for the County of Larimer, State of Colorado; b. The Final Plat for Glenn Ridge Estates shall be completed in strict compliance with the conditionally approved preliminary plat; c. The applicant shall dedicate on the Final Plat sufficient right-of-way for County Road 48. The half right-of-way required is 50 feet; d. Larimer County Transportation Capital Expansion Fees will be collected at the time of building permit for each new residential structure in this development. Said fee collected shall be the fee in effect at the time of building permit application; e. Cash In-lieu of Park Fees will be collected at the time of building permit for all new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; f. Cash In-lieu of School Fees for the Poudre R1 School District will be collected at the time of building permit for new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; g. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; h. Prior to final plat approval for the project the applicant shall renew and have finalized the expired building permit to install a furnace at the existing residence; i. All easements requested by the utility companies serving this site shall be illustrated on the final plat; j. Covenants for this development shall include provisions for maintenance of the common access roads and emergency access, open space tracts, drainage and irrigation facilities and other common elements. Covenants shall also contain provisions regarding building envelopes and setbacks, livestock, pasture management, irrigation and farming plans as proposed in the preliminary application; k. The applicant shall comply with all the requirements of the Kaneb Pipeline Company, which requirements are stated in the attached letter from the Kaneb Pipeline Company, dated January 24, 2000 and signed by Dale Smith, Assistant Manager of Engineering; l. The internal roads for the subdivision shall be constructed to the specifications of the Larimer County Engineering Department requirements for such roads. The proposed emergency access road construction and alignment shall also be reviewed and approved by the Poudre Fire Authority; m. All utilities must be installed underground; n. Construction plans for Glenn Ridge Estates shall be subject to the review and approval of the County Engineer, ELCO Water District, and Poudre Fire Authority; o. The applicant shall comply with all the requirements of the Poudre Fire Authority, which requirements are stated in the attached letter from the Poudre Fire Authority, dated February 1, 2000 and signed by Ron Gonzales, Assistant Fire Marshall; p. Residential fire sprinkler systems shall be required for all dwellings, unless adequate fire flows for fire hydrants are achieved and approved by the Poudre Fire Authority. Poudre Fire Authority must approve plans; q. The secondary/emergency access road shall be required and shall meet the following criteria: 1. The emergency access road shall be located in a 40 foot wide emergency access easement; 2. The emergency access road shall be a minimum of 20 feet in width; 3. The emergency access road shall be constructed of a all weather (asphalt or concrete) surface; 4. The emergency road shall be short, strait and flat (any curves or bends in the road shall meet minimum turning radius for fire apparatus utilized by the Poudre Fire Authority); 5. The emergency access easement shall not be encumbered by any obstructions including gates, bollards or other similar traffic control devices; 6. The emergency access road shall be easily identifiable by signage or painting; 7. The emergency access road shall be subject to an appropriate maintenance agreement prepared by the owners of the Glenn Ridge Estates Subdivision, and shall be legally binding and enforceable to ensure the continual quality of the road (also shall be addressed in the lot owners covenants); 8. The emergency access road shall be reviewed, approved and constructed to the satisfaction of the Poudre Fire Authority and Larimer County Engineering Department before any building permits are issued for individual lots within the Glenn Ridge Estates Subdivision; 9. No building permits will be issued within the Glenn Ridge Estates Subdivision until the Emergency Access is fully constructed and approved; r. The applicant shall provide a letter from the ELCO Water District indicating water pressures and flows anticipated for the development. The results of said letter shall determine what level of fire protection will be required for the project; s. The following notes shall be on a final disclosure statement: 1. Soil conditions within Glenn Ridge Estates may exhibit percolation rates slower than those necessary for conventional septic system designs. Because of these conditions individual soil tests shall be required for each septic system permit within the development. The type of septic system to be constructed will depend upon the results of said soils test, and it is likely, given preliminary soils information, that such systems will be at least partially evaporative type systems; 2. Mosquitoes may be a nuisance on this property Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; 3. Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; 4. There are existing agricultural activities in this are that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; 5. There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; 6. This development is the subject of a Development Agreement that has been recorded in the office of the County Clerk and Recorder and is also on file in the Larimer County Planning Office. There are also recorded covenants associated with this plat; 7. Hunting occurs in this area from September through January. Hunting is allowed within 150' of private property. The Division of Wildlife will not take action to stop legal hunting in this area; 8. All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway; 9. Larimer County Transportation Capital Expansion Fees will be collected at the time of building permit for each new residential structure in this development. Said fee collected shall be the fee in effect at the time of building permit application; 10. Cash In-lieu of Park Fees will be collected at the time of building permit for all new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; 11. Cash In-lieu of School Fees for the Poudre R1 School District will be collected at the time of building permit for new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; 12. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; t. As part of the final plat approval the applicant shall provide boring sample at the mid-point of each lot within the development to determine the groundwater conditions at the site. If the results of the bore samples illustrate groundwater levels then a de-watering system will be required if basement construction is to occur. If a de-watering system is necessary but not installed as part of the project improvements no basement construction will be allowed; u. Prior to Final Plat approval of the Glen Ridge Estates Subdivision, the applicant shall obtain the necessary easements for stormwater drainage. Otherwise, the applicant shall be required to find an alternative solution to stormwater drainage that does not result in extraordinary modifications to the existing property terrain.

  5. HACIENDA DE ARBOLES MINOR RESIDENTIAL DEVELOPMENT - FINAL: NE 1/4 OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 68 WEST - LOCATED ON THE SOUTH SIDE OF COUNTY 42 (PROSPECT ROAD) APPROXIMATELY 1/4 MILE WEST OF COUNTY ROAD 5.

This is a request for approval of the Hacienda Minor Residential Development to divide a 22.6-acre parcel into two lots being 12.3 and 10.3 acre in area. Staff findings included: 1. The proposed Hacienda de Arboles MRD complies with the requirements for Minor Residential Developments as contained in the Larimer County Subdivision Resolution. The proposal is consistent with the uses and minimum lot size requirements for the FA-1 Farming Zone District. The proposal is also consistent with the objectives of the Larimer County Master Plan; 2. Approval of the Hacienda de Arboles MRD, with certain conditions, should not result in any significant negative impacts on the natural environment, surrounding properties, the provision of services or transportation. Staff recommendation is 1. Prior to recordation of the Final Plat the applicant shall address the Larimer County Engineering Department comments, which are outlined in the letter from the Engineering Department dated March 22, 2000 and sign by Traci Downs; 2. Only one residential structure, and related accessory structures/uses, is allowed on each of the subject lots, and if the existing tree farm is abandoned, use of the property shall be limited to those uses defined by the FA-1 zoning district classification; 3. The following notes shall be shown on the Final Plat: A. Passive radon mitigation measures shall be included in the construction of any residential structures on these lots. The results of a radon detection test shall be submitted to the Planning Department before issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days of the date of issuance of a certificate of occupancy; B. Rural Issues: Lot owners should be advised that there is a potential for nuisance conflicts with wildlife, such as skunks, raccoons, prairie dogs and snakes. Larimer County is not able to mitigate nuisances if they develop; C. Capital Expansion Fees will be collected at time of building permit application; D. An "Access Permit" must be obtained from the Larimer County Engineer before construction of any new access to adjacent county roads; E. All applicable Park, School and Drainage Fees shall be collected at the time of building permit application; F. New residential construction occurring on either of the lots within the Hacienda de Arboloes Minor Residential Development shall be constructed with a in house sprinkler system for fire suppression.

8. AMENDED PLAT OF LOTS 5A AND 5B OF THE REPLAT OF LOT 5, CAMERON ESTATES: SE 31-8-68; ON THE EAST SIDE OF LAKE VIEW DRIVE, JUST SOUTH OF THE INTERSECTION OF LAKE VIEW DRIVE AND COUNTRY CLUB ROAD.

This is a request for an amended plat to combine Lots 5A and 5B of the Replat of Lot 5, Cameron Estates. The resultant lot is 1.43 acres in size. Staff findings are 1. The Replat of Lot 5 Cameron Estates was recorded in 1993. The applicants propose to combine Lots 5A and 5B, resulting in a lot of 1.43 acres to be used for construction of one single family dwelling; 2. There are no objections to the proposed amended plat from utility providers or County staff; 3. The proposed amended plat is consistent with existing development in the area and is in compliance with the provisions of the Larimer County Land Use Code. Staff recommendation is approval of the Amended Plat of Lots 5A and 5B of the Replat of Lot 5 Cameron Estates with the following condition: 1. The Final Plat shall note that the lot created by the amended plat is in the Dry Creek Drainage Basin and drainage fees will be collected at building permit application for that lot.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Meadowdale Hills 2nd Filing Lots 81 & 83 Amended Plat & Easement Vacation #00-S1570; South Nokomis Lake Lots 10 & 12 & 14-18 Block 30 Amended Plan #00-S1567; Letitia Lake Lots 1-3 Block 1 Amended Plat #00-S1568; Time Extensions; Summit View Industrial Park Lots 1 & 2 Easement Vacations #00-S1561; Glenn Ridge Estates Subdivision #99-S1502; Hacienda De Arboles Minor Residential Development #00-S1481 and Cameron Estates Lots 5Aand 5B Amended Plat #00-S1574 as presented and outlined above.

Motion carried 2 - 0.

9. WARSON LEGAL LOT APPEAL: 11 & 12 - 07 - 70; ABOUT 3/4 MILE WEST OF SOLDIER CANYON COVE AT HORSETOOTH LAKE, JUST SOUTH OF SOLDIER CANYON ESTATES.

This is a request for an appeal of the Planning Director's decision that a parcel is not a legal lot. Staff findings are 1. The applicant has not shown by a preponderance of the evidence, that the decision to deny legal lot status from the Planning Director is in error, or that it is inconsistent with the intent and purpose of the Land Use Code. This is required to reverse the decision of the Planning Director. Therefore, the request to grant legal lot status does not satisfy the requirements found in Section 22.2 of the Land Use Code, for approval of appeals to the Board of County Commissioners; 2. A previous proposal to create additional lots at the site was deemed to be out of harmony with the surrounding neighborhood by a vote of the Board of County Commissioners (BCC); 3. The applicant has not demonstrated they will suffer unrecoverable losses, because the log home does not have to be built on the subject parcel. The applicant can place it on another lot, or it can be resold; 4. The proposal is not supported by the various review agencies including those noted above; 5. Neither the applicant, nor any of their representatives, took all reasonable steps available to determine the status of the parcel or to obtain building permits before beginning customization of the log home materials. The responsibility for obtaining information from the files or obtaining a building permit prior to construction is the responsibility of the realtor and the builder; 6. Staff does not support approval of this appeal consistent with the County Attorney's letter of March 16, 2000. In addition, Staff recommends that the Board of County Commissioners not reverse the decision of the Planning Director because doing so will result in a building site that was not reviewed with respect to access, utilities, natural hazards or other criteria. Staff recommendation is denial of the Warson Legal Lot Appeal.

Mr. Wheeler stated that the access to the site, County Road 25G, does not conform to County Standards and this concern was also raised by the fire district in previous requests (1980) to subdivide the parcel, one of which was denied by the Board and the other was withdrawn. Mr. Wheeler stated that the site has not received any recent staff or referral agency review; however, the applicant had already contracted for a custom log home for the site, which is under construction and also failed to apply for a building permit. If the applicant had applied for a building permit, Mr. Wheeler stated the legal lot issue would have been recognized and the applicant would have been advised of the past history for the parcel and the fact that it is a single parcel with an existing house.

Mr. Brad March, representative for the applicant, stated that he respectfully disagrees with the opinion of the County Attorney and staff, in that the two lots, divided by a section line as well as the dedication of Red Cedar Road through the property, in fact does create two legal lots since there are two legal descriptions. Mr. March discussed "Equitable Estopple" and sited several court cases, which ruled against the current position of the county. Mr. March stated that the bottom line is that unfortunate circumstances led the applicant to believe the parcel in question had legal lot status and that the applicant would suffer a tremendous financial loss if not allowed to build the log home on the southerly portion of the property. Mr. March argued that one additional home would not cause a measurable impact on Red Cedar Road, and that when the applicant applies for a well permit, he will stipulate that he is willing to augment the water. Mr. March also stated that the applicant was unaware, until this hearing, that neighbors and adjacent property owners have concerns with the approval of this request.

Commissioner Disney asked if Mr. March was aware of the many parcels that exist on the Assessors records, which are not legal parcels; and Mr. March replied he is aware, but that the parcel is divided by a section line and when the applicants realtor contacted the Planning Department, they never mentioned that the parcel was only one lot. Commissioner Disney asked if the applicant was aware of the risk involved with constructing the log home without having first applied for a building permit. Mr. March replied in the affirmative and argued that he was told the parcel was a buildable lot.

At this time the hearing was opened to the public.

Mr. Bill Berry, adjacent property owner, stated that he was aware the site could not be built upon and that he had attended the previous public hearing in which the request to subdivide the property was denied. Mr. Berry informed the Board that the covenants state no animals may be kept for commercial purposes, however the applicant currently raises, sells and boards horses on the property.

Mr. Douglas Dempsey, adjacent property owner, informed the Board that the purpose of the hearing is to determine that the parcel is only one legal lot and that the applicant should have know this when he purchased the land, since it was common knowledge within the subdivision and is clearly noted in the Planning files. Mr. Dempsey also stated that the addition of another home would impact the sensitive natural vegetation of the area; additionally there are problems with wells in the area. Mr. Dempsey noted that the original sale bill for the property when Dr. Warson purchased the land, did not mention that the parcel was dividable. Commissioner Disney asked how Mr. Dempsey knew the lot was only a single parcel. Mr. Dempsey stated that when the property went on the market, several of the neighbors researched it due to its' size and pristine nature, thinking that in order to afford the parcel, it would need to be subdivided and the lot(s) created would be sold to generate the purchasing income. When interested parties inquired about the parcel the County Planning staff informed them of a 1997 position letter from the County Attorney, stating that the parcel was in fact one parcel and that a previous request to subdivide had been denied. Mr. Dempsey stated that this same information was available when the Warson's purchased the property. Ms. Dempsey addressed the Board to clarify that the information is and was available regarding the property being one building site and could not be subdivided further. Ms. Dempsey also stated that the applicants had tried to blame county staff in the past by saying the staff told them they could install a fence along the roadway. The only problem, Ms. Dempsey stated, was that the applicants tried to insist her driveway was the road and they were fencing off her property.

Mr. Dice Gaten, adjacent property owner, read a letter from another adjacent property owner; and both requested that the Board remain consistent with the past decision to deny the request and be forewarned that any other decision could be president setting.

Ms. Linda Marrow, adjacent property owner, suggested that the applicant, Board or staff get an affidavit from the previous property owner, Mr. Rupert, who knew the property could not be subdivided and that it was only one parcel because he had tried to subdivide and market as two sites until he also learned otherwise.

Mr. William Sharp, area resident, stated that he had environmental concerns in relation to the Lory State Park and Soldier Canyon and that the effects another two housing units would have on the natural resources. Mr. Sharp suggested staff contact the Park officials for comments since they were not notified of this hearing.

Mr. Ron Young, realtor, stated that he would not have gone forward in representing the property as being able to be subdivided or as two parcels if he had known the existance of the 1997 position letter from the County Attorney and that staff had never mentioned this information.

Dr. Jim Warson, applicant, addressed the following issues raised: 1. Commercial Horse operation- the only horses on the property are for personal use only; 2. Damage to vegetation- horses are supplementary fed and only opportunistic grazing will occur on the hillside; 3. Fencing- only soft/smooth fencing materials will be used so not to hinder wildlife; 4. President setting if approved- willing to stipulate "No Further Subdivision of the Parcel(s); 5. Previous owner, Mr. Rupert, never disclosed the 1997 letter, only that he had to sell the property for a pending divorce; 6. Environmental Impacts- The property is not within Soldier Canyon therefore not covered under their covenants, and one more house will not create much of an impact on Lory State Park.

Ms. Karen Beers, relative of the applicants, stated that the original reason for the Warson's to purchase the property, was as a retirement home.

Mr. Kadera stated that he could not recall a specific conversation with the applicant or the realtor, however would also not guarantee that a mistake was not made. Mr. Kadera informed the Board that a conversation could have taken place in general terms without the applicant and the realtor specifying this particular parcel.

Mr. March rebutted stating that the applicant is willing to augment the water well, will stipulate no further subdivision and the justification for approving the request for two legal lots is the probable numerous misunderstandings between the applicant, Assessor records and conversations with staff. Mr. March reiterated that one more home would not create an impact, fire hazards are minimal and asked the Board to approve the request based on circumstances.

Commissioner Disney asked if the realtor was told conceptually that the lot could be subdivided if the correct process was followed. Mr. Kadera stated conceptually, yes.

At this time the hearing was closed to the public.

Ms. Haag stated that she met with the applicant's attorney and in fact the deeds exist showing two parcels, but that does not constitute a legal subdivision nor does the assessor's records, which are for taxing purposes and not stipulation of legal lots. Ms. Haag further stated the deeds convey easements for the purpose of Red Cedar Road, but again the easement does not constitute a legally divided parcel.

Commissioner Disney stated that the Equitable Estoppel is not a convincing argument and that he is concerned the applicant mitigates any impacts to the road. Commissioner Disney was also concerned with the precident the request could set. Chair- Pro Tem agreed with Commissioner Disney and suggested that the applicant could submit a subdivision application for review.

Mr. Wheeler stated that the following issues still have not been addressed: 1. The road does not meet County standards; 2. No maintenance agreement has been received; 3. It has come to the attention of staff that Lory State Park has concerns with view patterns; 4. The minimum slope on the proposed lot is 30%; 5. The plans for the log home show separate living quarters for a caretaker, so the home is a duplex; 6. The applicant has not applied for a building permit for the log home on that site.

Commissioner Disney suggested tabling the item subject to a prompt technical review, stipulation of a building envelope and no future development. Chair- Pro Tem Rennels concurred, was concerned with a 30% slope and suggested the design of the home could warrant sprinkling. Commissioner Disney asked staff to address impacts and state whether or not they can be mitigated and how. Mr. March stated for the record that the applicant is in acceptance of the request being tabled.

M O T I O N

Commissioner Disney moved the Board of County Commissioners table the Warson Legal Lot Appeal until June 19, 2000 at 3:00 p.m. and directs staff to proceed with an expedited technical review to address slope, building envelope and any impacts as well as mitigation of any such impacts.

Motion carried 2 - 0.

  1. MILLER MINOR RESIDENTIAL DEVELOPMENT: SW 8-4-69; APPROXIMATELY 1/4 MILE NORTH OF COUNTY ROAD 10, 1/2 MILE EAST OF COUNTY ROAD 23.
  2. This is a request for a Minor Residential Development to divide an 18.9-acre parcel with one existing dwelling into 2 lots of 5.0 and 13.9 acres for single family residential use. Variances from the standards for access easement and road width are requested. Staff findings include 1. The proposed Miller Minor Residential Development is consistent with the intent of the Larimer County Master Plan, the requirements of the Comprehensive Zoning Resolution, and the Subdivision Resolution as it pertains to minor residential developments, and is consistent and compatible with existing development in the immediate area; 2. The applicant has requested variances from road standards for width of the access easement and width of the road. With provision of reserved right-of-way for future road expansion along the western boundary of the property, staff recommends approval of the requested variances; 3. Approval of the Miller Minor Residential Development, with certain conditions, will not result in significant negative impacts on area properties, provision of services or transportation, or the natural environment. Staff recommendation is approval of the variance for access easement width to allow a 25' width rather than the 40' required; and Approval of the variance for road width to allow a 19' width rather than the 20' required; and Approval of the Miller Minor Residential Development with the following conditions: 1. Road construction plans for the common access, including a turnaround at the common lot line between the lots, and a drainage and erosion control plan and report shall be submitted for review and approval by the County Engineer. Plans must be approved prior to recording the Final Plat. A Development Agreement that details the required improvements costs estimates and collateral must be submitted with Final Plat materials, approved and recorded with the Final Plat. An access permit will be required prior to any construction; 2. A road maintenance covenant that clearly states the property owners' rights and responsibilities regarding the use of the common access road must be submitted. The covenant must be reviewed and approved prior to recording with the Final Plat; 3. The Final Plat shall include dedication of additional right-of-way to meet the half right-of-way requirement of 50' for County Road 10 along the frontage of the property. The 25' wide access and utility easement shall be platted to the common lot line between the lots. The area required for the access turnaround at this location shall be included as part of the access easement; 4. Reservation of 25' of right-of-way along the western boundary of the property shall be provided on the Final Plat for future public access. The 25' wide access and utility easement serving the two lots in this development would be included in the area of reserved right-of-way; 5. Existing easements and rights-of-way of record and as requested by utility providers must be included on the Final Plat. Easements for irrigation facilities must be provided on the Final Plat; 6. Prior to submitting the Final Plat the property must be surveyed for wetlands. The delineation of any wetlands on the property must be done and the locations mapped on the Final Plat. If wetlands are located on the property, the plat should note that the US Army Corps of Engineers may require permits for activities which require placement of fill material or excavation in streams or wetlands at this location and that the Corps of Engineers should be contacted for more information prior to beginning such work; 7. The following notes shall be included on the Final Plat or in a disclosure affidavit to be recorded with the Final Plat: a) Streets in this development shall not be maintained by Larimer County. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain these facilities may result in a lien being placed on these lots by Larimer County; b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; c. Engineered footing and foundation plans shall be required for all construction on these lots; d) d) The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J school fees (in lieu of dedication) and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee amount current at time of building permit application shall apply; e) Underground utilities shall be required; f) Soil test data revealed slow percolation rates that will necessitate the use of an engineer-designed evaporative-type sewer system on this site. These systems are larger and more expensive to construct than a conventional septic system; g) Rural area issues: 1. Agricultural uses are present in this area which may at times result in odors, dust and noise at any time of the day or night, seven days a week. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses on properties in this area; 2. Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, prairie dogs and snakes). Larimer County is not able to mitigate nuisances if they develop, although information on managing these issues is available. Information is also available from the Colorado Division of Wildlife; 3. During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; 4. Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; 5. This property is served by gravel roads. Lot owners should be aware that dust will be generated from traffic on these roads; 6. If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots must be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding. 8. A current letter of commitment from the Little Thompson Water District must be submitted prior to recording the Final Plat; 9. All conditions shall be met and the Final Plat recorded by November 22, 2000 or this approval shall be null and void.

    Ms. Evans stated that the applicant has indicated that she did not agree with staff recommendation #4 and that the applicant would need to sell the proposed lot in order to generate money to provide the county with a development agreement and collateral. Ms. Miller, the applicant, stated that she intended to sell the proposed 5-acre lot to payoff her mortgage and improve the irrigation system. Ms. Miller agreed with staff except for the extension of a 25-foot reserved right-of-way along the western boundary of her property.

    Commissioner Disney asked why staff wants the road extended so far and Mr. Mabry explained that the 25-foot access and utility easement are required to the common lot line and is to include the turnaround. Mr. Mabry further explained that staff was requiring a reservation of a 25-foot right-of-way along the westerly boundary for the remainder of the applicants property. Mr. Mabry clarified that condition #4 was only a "reservation of land" and not to be improved at this time and that staff is in agreement with the applicants proposed length of improvements.

    Ms. Evans stated that the following options are available to the Board to address the applicants' collateral dilemma: 1. A letter of credit; 2. Lot sale restriction; or 3. A restriction of building permit(s). Ms. Haag stated that an improvement agreement needs to have a finite date. Ms. Miller stated that she could not predict when the lot would sell and that she could only commit to the improvements upon the sale.

    Much discussion ensured regarding the reserved right-of-way.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the Miller MRD as outlined above and presented by staff.

    Motion carried 2 - 0.

  3. SHEEHAN/DUNKER ZONING VIOLATION: 1509 DOVER STREET, LOVELAND.
  4. Alleged violation: The property is in violation of the Larimer County Land Use Code: Section 4.3.10- C. Household Pets. Household pets are permitted in all zoning

    districts that permit residential uses. 1. A maximum of 3 adult (over 4 months old) dogs and/or cats may be kept as an accessory use to a single-family dwelling. If the total number of adult dogs and/or cats on a parcel exceeds 3, the property is considered to be a kennel. Staff findings include 1. The property is zoned FA- Farming; 2. The FA-Farming does not permit kennels, except by Special Review; 3. The continued use of the property, as a kennel, is disturbing to the neighbors; 4. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

    Ms. DeLude stated that she had received a complaint from a neighbor regarding the number of dogs on the property, and upon working with the owner for compliance, Ms. DeLude stated that she was informed the property owner would be moving within 30 days.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners find that a violation exists and authorize legal action if the property is not in compliance within 30 days.

    Motion carried 2 - 0.

  5. RIES ZONING VIOLATION: 4711 SKYLINE DRIVE

Alleged violation: The property is in violation of the Larimer County Land Use Code: Section 4.3.10 (E): Outside storage of vehicles. "Only those vehicles that do not qualify as junk vehicles...may be stored outside on the same lot with the dwelling."Definition of Junk Vehicle: "A vehicle that is inoperable (unable to move under it's own power), or is partially or totally dismantled...or is not registered with the State of Colorado." Staff findings include 1. The property is 1.61 acres and zoned O-Open; 2. The O-Open zoning district does not permit junkyards; 3. The continued use of the property, as a junkyard, is an eyesore for neighbors; 4. The continued use of the property, in violation of zoning regulations, will affect property values in the area. Staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met. Staff also recommends that the property be required to remain in compliance for 12 months, or authorize legal action without further notice. This is to include limiting the number of horses on site to three and obtaining building permits within 30 days for the barn.

Ms. DeLude stated that she has received several complaints on the property since June 1999 and that upon contacting the property owner, they would clean the property of the debris, allow some time to pass, and then the debris would back. Ms. DeLude also stated that the property owner has been red tagged by a building inspector for not having a building permit for a barn.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find that a violation does exist and order compliance with zoning regulations and building permit requirements within 30 days and no further violations within 12 months and authorize legal action if these conditions are not met.

Motion carried 2 - 0.

There being no further business the hearing adjourned at 6:00 p.m.

TUESDAY, MAY 23, 2000

ADMINISTRATIVE MATTERS

(#611)

The Board of County Commissioners met in regular session at 9:00 a.m. with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Mark Peterson, County Engineer; Rusty McDaniel, Project Engineer; Rex Burns, Project Engineer; Russ Legg, Chief Planner; Matt Lafferty, Planner II; Jeannine Haag, Assistant County Attorney; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Administrative Manager. Recording Clerk: Jean O'Connor.

1. PUBLIC COMMENT: Mr. Don Burton, owner of ABC Storage located off State Highway 14, informed that Board that a portion of his business will be removed by the Colorado Department of Transportation's (CDOT) improvements to Highway 14. Mr. Burton stated that his dilemma was twofold: 1. The site plan he provided staff shows potential drainage and access issues; and 2. These issues can not be specifically addressed because CDOT has not provided any plans for the improvements of the highway. To make matters worse, Mr. Burton continued, CDOT has sent all tenants of ABC Storage a letter notifying them of the condemnation of the units and has offered payment to the tenants to move out. Mr. Burton stated that he has bought a nearby parcel of land to build a new office and storage units, however he can not get a building permit until CDOT provides improvement plans so that drainage and access issues can be addressed for staff. Mr. Burns informed the Board that he has looked at the plans provided this morning by Mr. Burton and suggests a variance be granted to allow the issuance of a building permit and stipulate the certificate of occupancy be contingent upon satisfactory mitigation of the drainage and access issues. Commissioner Disney suggested that the Board speak with CDOT representatives and that Mr. Burton informs State Representatives of this situation.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the issuance of a building permit to Mr. Burton with the certificate of occupancy contingent on the approval of a site plan.

Motion carried 3 - 0.

Mr. Pete and Mrs. Barbara Gorham, county residents, informed the Board that the developer for Buckhorn Glade was trying to take a portion of their property based on a condition of approval for the subdivision by the Board. The problem is that the plans submitted by the developer were incorrectly surveyed and the required right turn lane exceeded the county right-of-way. The Gorhams explained that they have tried to work with the developers' representative by giving them 8-feet of their property in exchange for moving their driveway. Mrs. Gorham stated to add insult to injury, the developer now wants even more of their property without compensation. Mr. Gorham asked why they were never notified of the public hearings for the subdivision and suggested the problem may have been eliminated earlier if they knew the development was being proposed. Commissioner Disney asked Mr. Legg to check the file for notification to the Gorhams and if they were not notified, why. Commissioner Disney further stated that if the applicant submitted incorrect information during the public hearing process, then the County Attorney should write a strong letter to the applicant suggesting the matter be addressed immediately or the applicant will go before the Board for another public hearing based on incorrect information provided in the original hearing.

 

 

M O T I O N

Commissioner Rennels moved that Administrative Matters recess at 9:45.

Motion carried 3 - 0.

PUBLIC HEARING

for the

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

The Board of County Commissioners met in a Special Community Development Block Grant Public Hearing at 9:45 a.m. for the Community Development Block Grant Program. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Frank Lancaster, County Manager, Robert Thompson, Program Specialist, Human Services; Wendy Watson, Poudre School District and Marilyn Thayer, Even Start Program respresentative. Recording Clerk: Jean O'Connor.

Ms. Watson informed the Board that a public hearing is necessary in order to meet the requirements of the Federal Grant process and provided background for the Early Start Program located at Poudre Valley Mobile Home Park, 2025 N. US Highway 287. The grant will provide and install an additional mobile home in the park for this program.

Chair Olson noted for the record that no public is in attendance.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the processing of the full grant application and contract with the State of Colorado.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 9:55 a.m.

Administrative Matters reconvened at 9:55 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 15, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the Week of May 15, 2000 with noted correction.

Motion carried 3 - 0.

 

 

 

 

 

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MAY 29, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the Week of May 29, 2000 as presented and amended.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

  1. CONSENT AGENDA:
  2. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the following documents as listed on the consent agenda for document review on May 16, 2000:

    ACTION ITEMS:

    The re-appointment, with a waiver of term limit, for Beth Dickson and Mary Klecan to the Core Services/Placement Alternative Commission for a three year term effective July 1, 2000 to June 30, 2003.

    A00-71 SUBDIVISION IMPROVEMENT AGREEMENT AND ADDENDUM A TO SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PARKE W. LITTLE AND LINDA M. LITTLE

    A00-72 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PARKE W. LITTLE AND LINDA M. LITTLE FOR A NOTICE OF LOTS SALE RESTRICTIONS

    A00-73 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GEORGE HASS OF HARDEN, SCHMIDT, HASS, HAAG AND HALLBERG, P.C. AND LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES FOR LEGAL SERVICES

    A00-74 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOTOROLA, INC. FOR PURCHASE OF CONSOLES FOR DISPATCH CENTER MOVE

    D00-09 DEED OF DEDICATION OF COUNTY PROPERTY FOR RIGHT-OF-WAY FOR USE AS PUBLICK HIGHWAY

    R00-103g RESOLUTION CHANGING ELECTRONIC HOME DETENTION FEES

    R00-104g RESOLUTION AND MEMORANDUM OF AGREEMENT BY AND AMONG LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES; CHILD & FAMILY DIVISION AND LARIMER CENTER FOR MENTAL HEALTH AND NORTHEAST BEHAVIORAL HEALTH

    MISCELLANEOUS ITEMS: Little Minor Residential Development Final Plat #97-EX1049; Impact Assistant Grant Application.

    LIQUOR LICENSES: Licenses were approved for H.W. Stewart, Inc. Modification of Premises- 6%- Estes Park, CO; and Loyal Order of Moose Loveland Lodge- 6%- Loveland, CO. Licenses were issued to Rocky Mountain Gateway Temporary- 6%- Estes Park, CO; and The Baldpate Inn- 6%- Estes Park, CO.

    Motion carried 3 - 0.

  3. COMMISSIONER REPORTS: There were no Commissioner reports.

6. WORKSESSION: Mr. Lancaster stated that letters to the editor have been in the local newspapers regarding the mail-in ballot election, which contain incorrect facts and suggested the Board respond with the correct facts. The Board concurred.

7. LEGAL MATTERS: Chair Olson asked Ms. Haag to draft a letter to the developer of Buckhorn Glade regarding the issue raised by the Gorhams in public comment this morning outlining the options available. Those options are: 1. Negotiate with the Gorhams; 2. Re-design to stay in the right-of-way; or 3. Come back for another public hearing.

Ms. Haag and Mr. Legg informed the Board that the Glacier View Meadows Management Team had previously improved the water system in Glacier View for approximately $250,000 and that the water tank that was installed has now rotted and needs replacement. Ms. Haag asked if Glacier View Meadows collateral money, up to $10,000 could be used to retain a lawyer, to fight the company who sold the original water tank for replacement and or compensation. Commissioner Disney asked if lawyer fees could be recuperated and Ms. Haag thought it was doubtful but would make the request. CONSENSUS OF THE BOARD was to approve up to $10,000 to retain a lawyer for Glacier View Meadows Management Team.

 

 

 

 

  1. EXECUTIVE SESSION:

M O T I O N

Commissioner Disney moved that the Board of County Commissioner go into Executive Session at 10:35 a.m. to discuss personnel matters and potential litigation.

Motion carried 3 - 0.

Executive session ended at 11:05 a.m., no action taken.

LIQUOR LICENSE RENEWAL HEARING

BG'S, INC. dba

DRINK-N-DAWG

(#112 & 113)

The Board of County Commissioners met at 1:30 p.m. with Nate Donavan, Assistant County Attorney for a liquor license renewal hearing concerning BG's, Inc. dba Drink-N-Dawg, 3311 N. US Highway 287, Laporte, CO 80535, License Number 03-42727-0000. Chair Olson presided and Commissioners Disney and Rennels were present. Recording Clerk: Jean O'Connor.

Mr. Donavan, acting as the Hearing Officer, noted that this hearing is being conducted in response to relevant reports from the Larimer County Sheriff's Department and the rules and regulations concerning a liquor license renewal.

Erik Fischer, Attorney for the Glick family and license holders for the Drink-N-Dawg, in opening statements noted that many of the allegations could not be contested but will establish through the hearing that improvements have been made and the establishment does not oppose additional conditions of renewal. The owners of the establishment are willing to work with County Deputies and provide additional training for employees.

The following persons were sworn in to testify on behalf of the Drink-N-Dawg:

Tammy Glick; Wendy Nesbitt; Chuck Nesbitt; Merv Raling; Billy Varn; Shelly Dillon; Patty McElwie; Mike Elsden; Mike Hawkinson and Gretchen Trumbuell.

Don Johnson, Special Prosecutor for Larimer County, submitted a list of witnesses and exhibits, and called Investigator Kevin Maul to be sworn in and describe what occurred the night of February 3, 1999. Mr. Maul stated that he responded to an assault call at the establishment and that one suspect was sent to the hospital with a head injury. Mr. Maul further stated that the individuals involved in the altercation were under the age of 21 and had been drinking in the establishment prior to the incident. Mr. Johnson asked what liquor license code violations he had witnessed that night. Mr. Maul replied that alcohol had been served to minors and failure to report disturbances within the establishment prior to the assault. The bartender, Ms. Nicki Burkhard, at the time of the incident, was a friend of the underage patrons and had served them on other occasions as well. Mr. Fischer asked what section of the liquor code required an establishment to notify the Sheriff's Department of any disturbances and if any citations were issued that evening. Mr. Maul was uncertain of the section in the code and stated that he had not issued any citations that evening. Mr. Fischer asked if the first contact with the underage suspects was approximately 4 hours after the assault and Mr. Maul replied in the affirmative. Much discussion ensued regarding sequence and timing of events that evening.

Mr. Malisani, Deputy with the Sheriff's Department, was sworn in and noted that he frequently performs random "bar checks" and traffic enforcement with some concentration on the Laporte area due to the number of disturbances and assaults. Much discussion ensued regarding citations written in the past year which were related to the establishment and included 24 DUI reports where the suspects stated they had come from the establishment. Mr. Johnson asked if Deputy Malisani had observed any changes in the establishment since their license was suspended in 1997. Deputy Malisani stated that he had not noticed any change in the past year and was concerned with the lack of "policing" of the patrons with respect to being underage and intoxication.

Mr. Fischer cross examined Deputy Malisani and asked if he was aware of the number of reports at Fargo County Road House. Deputy Malisani stated that he did not patrol that area and was not aware. Mr. Fischer asked if upon "bar checks" were the employees of the establishment cooperative and Deputy Malisani replied in the affirmative.

At this time Mr. Fischer called Dr. Kathy Verdeal to be sworn in and asked for her qualifications. Ms. Verdeal stated that she has been called as an expert witness over 1000 times both for the defense and prosecution. Ms. Verdeal explained tolerance vs. compensation and that it can be difficult for a "lay" person to visually determine if a person has had too much to drink since it can take as much as two hours after consumption has ceased to see the visual effects of alcohol.

Mr. Johnson cross-examined and asked Ms. Verdeal to describe the outward signs of an inexperienced young drinker. Ms. Verdeal explained that alcohol affects people in different timeframes due to height and weight and rate of consumption. Much discussion ensued regarding how long and how much alcohol it would take the average person to reach intoxication testing results of .20 one hour after consumption.

Mr. Johnson asked, that in training of bartenders, what should they look for when serving alcohol. Ms. Verdeal replied that I.D.s should always be checked and visual signs of intoxication include vomiting, knocking over glasses, fighting, numerous cigarettes lit at the same time, voice levels and slurred speech.

At this time the hearing was opened to public testimony.

Ms. Tammy Glick, part owner, read a letter from an adjacent property owner in support of the establishment and the issuance of their license.

Ms. Wendy Nesbitt, an adjacent business owner and frequent patron of the establishment stated that she has never seen any derogatory words or actions toward any law enforcement within the establishment. Ms. Nesbitt stated that the Glick family was active in the school and neighborhood and often held charitable fundraisers at the establishment.

Mr. Chuck Nesbitt stated that he Glick family is respectful of their neighbors and patrons and if they thought anyone was in harms way, they would shut themselves down.

Mr. Merv Raling, a 12-year employee stated that the establishment was clean and nice.

Mr. Billy Varn stated that the owners are responsible for the patrons and do not tolerate abuse by others.

Ms. Shelly Dillon stated that she has never had an incident with the establishment.

Ms. Patty McElwie, patron and neighbor stated that the owners are respectable.

Mr. Mike Elsden, an employee for 5 1/2 years stated that the owners are good people.

Commissioner Rennels asked Mr. Elsden if he had ever received training as a bartender. Mr. Elsden replied that he had received training from a Sheriff's Deputy who is no longer employed, and that he would like additional training if it were available.

Mr. Mike Hawkinson, employee for 2 years running a Karaoke shows stated that the owners are responsible and provide a family atmosphere.

Ms. Gretchen Trumbuell, a bartender at the establishment for 2 years stated that the County does not offer any training and that she tries to know the patrons and always cards patrons if she does not know them.

At this time Mr. Fischer called Ron Glick to be sworn in and asked his relationship with the establishment. Mr. Glick stated that he was a 1/3 owner and Secretary/ Treasurer. Mr. Fischer asked what was the intent of the establishment if the license was renewed. Mr. Glick stated that he did not know there were any problems until the notice was received for this hearing. Mr. Fischer asked if employees had been terminated and Mr. Glick replied in the affirmative, that two bartenders had been terminated for serving underage patrons. Mr. Fischer asked if employees would benefit from training and if the training was a stipulation for renewal, would that be acceptable. Mr. Glick replied yes. Mr. Fischer asked if the establishment's license was suspended several years ago. Mr. Glick stated that the license was suspended and that he was not sure of the number of violation but that the circumstances were similar.

Mr. Johnson asked who the owners of the establishment are and Mr. Glick stated that he, his father, Gary and brother, Dennis are all 1/3 owners. Mr. Johnson asked if they ever discussed problems associated with the establishment. Mr. Glick stated that they discussed the situation upon receipt of notice, however, prior to the notice, they were unaware of any problems. Mr. Johnson asked if the owners offered training to the employees. Mr. Glick stated that he was not aware that training is a requirement of the license.

Mr. Fischer asked if the owners had any conversations in the past regarding how to be law abiding. Mr. Glick replied yes.

Mr. Johnson asked if any owner or employee had ever checked with law enforcement regarding any problems related to the establishment. Mr. Glick stated that the owners used to pick up reports from Ms. Sherry Graves, former Clerk to the Board.

Commissioner Disney stated that it is the responsibility of the license holder to be aware of all requirements for holding that license. Mr. Glick agreed but was unaware of a training requirement.

Mr. Fischer called Dennis Glick to be sworn in and asked his relationship to the establishment. Mr. Glick stated that he is the owner/manager and that he was unaware of any violations prior to receiving the notice. Mr. Fischer asked if any law enforcement had ever contacted him regarding DUIs violations issued to patrons of the establishment. Mr. Glick said no. Much discussion ensued regarding past employees, training and the establishments' willingness to work with the Sheriff's Department.

Mr. Johnson asked if Mr. Glick was involved with the last suspension and if the circumstances were the same. Mr. Glick stated that he was involved in the last suspension and that he still did not know why the license was suspended then and that the circumstances are the same. Mr. Johnson asked when the last time was that the establishment made an effort to contact the Sheriff's office to inquire about the number of reports related to the establishment. Mr. Glick stated that he had not contacted the Sheriff's office and that they had not contacted him either. Commissioner Disney asked if Mr. Glick knows now why the license was suspended a few years ago. Mr. Glick stated that the suspension was due to the number of DUIs related to the establishment, but was unaware of any more recent reports until notice was served. Commissioner Disney asked if it was safe to assume that if the establishment were serious about curtailing DUI instances, the owners would make an effort to check with law enforcement. Mr. Glick stated that he had tried but the Sheriff's office was not cooperating. Commissioner Disney stated with the knowledge of delayed effects of alcohol and the establishments admitted concern over DUIs, and asked if any additional training had been provided since the last suspension. Mr. Glick stated training had been received through the City of Fort Collins but they no longer offer the course and that he was inquiring about training through American Eagle.

Chair Olson stated that it appears that the license holder is not taking any steps to improve the number of reports issued by the Sheriff's office which are related to the establishment. Mr. Fischer stated that the employees attended training every week for one year and that the Sheriff's office could have been pro-active in contacting the establishment also. Mr. Glick stated that he is willing to work with the Sheriff's Department. Chair Olson clarified that the incidents in question occurred in 1999 and that is the time when training was not available. Mr. Fischer replied in the affirmative.

At this time the hearing was closed to the public and closing arguments were heard.

Mr. Fischer stated that he is the owner of a retail liquor store and that over a three-year period, the establishment had been checked by law enforcement more then 30 times, and he was never notified. The State regulations, Mr. Fischer continued, do not require a license holder to contact police, however, as a condition of issuance the establishment is willing to check regularly with the Sheriff's office. Mr. Fischer reminded the Board that the number of incidences related to the establishment has drastically been reduced since the last suspension.

Mr. Johnson stated that the evidence shows that the establishment knew that the County would be watching the establishment since the last suspension and that there had been numerous violations issued not including the 15 DUIs, and that the reasons for this hearing are the same as three years ago.

Mr. Donavan informed the Board that the following options are available to them:

  • Renew the license without conditions;
  • Renew the license with conditions;
  • Do not renew the license;
  • Impose a period of suspension;
  • Impose a period of suspension and suspend a portion of that suspension.

Commissioner Disney stated that he participated in the last hearing for the establishment and finds it unconscionable to hear an owner state that he doesn't know why the license was suspended. Commissioner Disney stated that the owners need to take responsibility for the liquor license and be aware of those responsibilities. Chair Olson agreed and was saddened to be in the same place again. Commissioner Rennels stated that holding a liquor license and approving the issuance of, is very serious and an important decision, and that she is not prepared to make a decision today. Commissioner Rennels stated that the owners of the establishment need to learn how to run a business and the responsibilities that go along with a business.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners take the re-issuance of a liquor license for the Drink-N-Dawg under advisement until on or before June 6, 2000 at which time a Findings and Resolution will be presented.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 5:30 p.m.

 

 

 

 

 

 

__________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

 

(S E A L)

 

A T T E S T

 

_____________________________________

JEAN M. O'CONNOR

DEPUTY CLERK