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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 25, 2000

LAND USE MEETING

(#655)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Olson presided and Commissioner Rennels was present. Also present were Matt Lafferty, Planner II; Sarah Flick, Environmental Planner; Claudia DeLude and John Pedas, Code Enforcement Officers; Candace Phippen, Building Code Enforcement Officer; Doug Ryan, Environmental Planner; Sylvester Mabry, Civil Engineer; and Brian Treu, Assistant County Attorney. Recording Clerk: Jean O'Connor.

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

1. AMENDED PLAT, RAMONA HEIGHTS SUBDIVISION LOTS 2A, 13 AND 14, BLOCK 7: SW 1/4, 28-10-73; RAMONA HEIGHTS SUBDIVISION

This is a request for an amended plat to combine lots 2a, 13, and 14 of Ramona Heights Subdivision. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat 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 amended plat. Staff recommendation is approval of 00-S1631 - Amended Plat for Ramona Heights Subdivision Lots 2a, 13, and 14 subject to the following condition: The applicant shall make the necessary corrections to the Amended Plat as outlined in the referral letter from the Larimer County Engineering Department dated August 18, 2000 and signed by Dale Greer, Professional Land Surveyor.

2. AMENDED PLAT, CRYSTAL LAKES PLANNED UNIT DEVELOPMENT 15TH FILING LOTS 86 & 87: SE 1/4, 10-10-74; CRYSTAL LAKES 15TH FILING PLANNED UNIT DEVELOPMENT

This is a request for an amended plat to combine Lots 86 and 87 of the Crystal Lakes 15th Filing Planned Unit Development and vacate the Cree Court right-of-way and associated easements. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat 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 amended plat. Staff recommendation is approval of 00-S1630 - Amended Plat for Crystal Lakes 15th Filing P.U.D. Lots 86 and 87, and Cree Court right-of-way and utility easement vacation subject to the following condition: Prior to recordation of the Amended plat the applicant shall make the necessary corrections to the Amended Plat as outlined in the referral letter from the Larimer County Engineering Department dated August 17, 2000 and signed by Dale Greer, Professional Land Surveyor.

3. AMENDED PLAT & UTILITY EASEMENT VACATION OF LOTS 85 & 87, CRYSTAL LAKES 5TH FILING: NE 1/4 OF SECTION 12, TOWNSHIP 10N, RANGE 74W; GENERALLY LOCATED AT CRYSTAL LAKES, 5TH FILING, DUE EAST OF CRYSTAL LAKE.

This is a request for an Amended Plat of Lots 85 & 87; lots will be combined to create one larger, single-family residence property. Both lots are owned by the applicant and his wife. They are also requesting vacation of a 15-foot utility easement located on the original boundary line between the lots. Staff recommendation is to approve (a) the proposed amended plat of Lots 85 and 87, Crystal Lakes 5th, File #00-S1629 and, (b) vacation of the utility easement located along the original property boundary between Lots 85 and 87.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Romona Heights Lots 2A, 13 & 14, Block 7 Amended Plat #00-S1631; Crystal Lakes 15th Filing Lots 86 & 87 Amended Plat and Right-Of-Way and Utility Easement Vacation #00-S1630; and Crystal Lakes 5th Filing Lots 85 & 87 Amended Plat and Easement Vacation #00-S1629 as presented and outlined above.

Motion carried 2 - 0.

4. ARVIDSON EXTENDED FAMILY DWELLING APPEAL: 10-05-69; 2717 W. EISENHOWER BLVD., EAST OF NAMAQUA ROAD AND ON THE SOUTH-EAST EDGE OF RIST BENSON RESERVOIR

This item was tabled on August 14, 2000 to this date. This is an appeal for an Extended Family Dwelling for the following required criteria: 1) living quarters must be a manufactured home, 2) the dwelling must house only immediate family and 3) the property is less than 4 acres. Staff findings include 1. The property is zoned C-Commercial and is non-conforming; 2. As an accessory use, which is temporary in nature of approval, this does not expand the non-conformity; 3. The request for this dwelling does not meet the criteria described in the Larimer County Land Use Code. However, since the permitting /special review process has not been established regarding occupancy of recreational vehicles, this is the best alternate solution to allow for this situation; 4. There does appear to be a legitimate hardship that justifies the need for an Extended family dwelling; 5. The extended family dwelling will not substantially/ adversely impact the surrounding area; 6. The extended family dwelling will be removed within 3 months from the date of expiration of approval. Should the need for the use continue, the applicant shall re-apply for an extended family dwelling; 7. All applicable capital expansion fees will be paid. Staff recommendation is approval of the Arvidson Extended Family Dwelling, subject to the following conditions 1. The applicant is responsible for the payment of all required fees inclusive of 287.00 in Capital Expansion Fees; 2. Building permits must be pulled if construction on the fence is continued. As discussed with the applicant, the fence is over 6' tall and will either need to be less than 6' tall or have proper building permits pulled with all required inspections completed; 3. No additions shall be permitted on the fifth wheel trailer to be used for the extended family dwelling with the exception of a temporary type wheel chair ramp when necessary; 4. Approval of the extended family dwelling will be in effect for a maximum of three years. At the end of the three-year period, a new application is required for the continued use of the extended family dwelling; 5. This approval is limited for the current proposed occupant and the structure shall be removed when no longer used by this occupant; 5. Applicant will remove one of the two fifth-wheelers currently located on the property.

Ms. DeLude stated that she has received a letter from an adjacent property owner who is not in favor of this request. Chair Olson verified that there are two fifth-wheelers currently on the property and Ms. Delude replied in the affirmative and noted that the applicant will be removing one of them.

Commissioner Rennels referred to the letter received from the doctor and questioned the recommendation which does not allow any additions to the fifth wheeler. Ms. DeLude stated that the condition of approved could be modified to allow a temporary wheelchair ramp at the appropriate time.

Chair Olson asked the applicant to address the concerns stated in the letter from the adjacent property owner. Mr. Dana Eynon, property manager and applicant, stated that he has cleaned the property of much debris but is confused about the "large number of people" at the location. Mr. Eynon, thought perhaps the perception of many people comes from his family visiting his mother-in-law.

Chair Olson noted for the record that there is no public present to comment on this item.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Arvidson Extended Family Dwelling Appeal as modified and outlined above.

Motion carried 2 - 0.

5. ARVIDSON ZONING VIOLATION: 7467 W. HWY 34, LOVELAND

This is an alledged violation by definition in the Land Use Code, the use of the property as a junkyard. A junk vehicle is defined as; " A vehicle that is inoperable...or is not registered with the State of Colorado..." and Section 4.1.2: The use of the property for commercial/industrial purposes. Specifically, storing semi trailers on the property. The use of the property as a storage lot is not a permitted use in an FA-1 Farming zoning district. Staff findings include 1. The property is zoned FA1- Farming; 2. The FA1-Farming district does not permit commercial/industrial uses; 3. The continued use of the property, as a commercial storage lot, for semi's, has affected the neighbors' ability to enjoy their own properties; 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 the tenant of this site recently contacted staff and stated that a new location is being sought for the trailers.

Mr. Jim Arvidson, property owner and Mr. Tom Basher, tenant, stated that they are willing to remove the trailers as well as the dump truck.

Chair Olson noted there is no public present to comment on this item.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners finds that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 2 - 0.

6. VARNER/DYE ZONING VIOLATION: 729 S. MADISON, LOVELAND

This is an alleged violation of Section 4.1.17 of the Larimer County Land Use Code: Outdoor storage is not a permitted use in a B-Business zoning district; Violation of Section 4.1.17(B)(4) of the Larimer County Land Use Code: "No parcel may be used for more than one principle building..."; Building code violations 1. Occupying and using a 5,000 sq.ft. storage building constructed under Building Permit 98-L6424 without a certificate of occupancy, without final landscaping approval and without final approval from the Larimer County Building Department, the Loveland Fire Department and the State Electrical Board; 2. Converting a storage/warehouse building authorized under Building Permit 98-L6424 into a commercial sales office and storage building without a building permit and without approval from the Larimer County Planning Department. Staff findings include 1. The property is zoned B-Business; 2. The B-Business zoning district does not permit outdoor storage; 3. The continued use of the property, as a commercial storage lot, has affected the neighbors' ability to enjoy their own properties; 4. The continued use of the property, in violation of the zoning regulations, will affect property values in the area; 5. To date, no variance has been applied for; 6. The continued use of the accessory building for the operation of A-1 Windows and Doors, without approval through a variance, is a violation of the Larimer County Land Use Code under Section 4.1.17: No parcel can be used for more than one principal building; 7. The continued use of the property without a certificate of occupancy and without final approval from the Larimer County Building Department, the State Electrical Board and the Loveland Fire Department constitutes a violation of the Larimer County Building Code and poses a public safety risk. Staff recommendation is to find that a violation exists and require compliance. Compliance would require an approved variance.

In addition, if the variance is not approved, the Building Department staff recommends the owners be given a 30-day notice to vacate the structure and that the structure remain vacant until such time as final approval to occupy the structure is provided by the Larimer County Planning Division, Loveland Fire Department and State Electrical Board.

These actions are recommended because the Building Department cannot provide final approval for the 5,000 sq.ft. structure to be occupied until it is determined whether or not the structure can be used as a retail sales office. As well, final approval is required from the State Electrical Board and the Loveland Fire Department and landscaping requirements must be met.

In addition, staff recommends legal action if these conditions are not met.

Mr. Pedas stated that the property owner has submitted a variance application for "three" principle businesses on the parcel and that staff will be scheduling the applicant for the October 24, 2000 Board of Adjustment hearing.

Ms. Phippen stated that the 1998 building permit still has not been finalized and that fire, electric, framing, heating and landscaping issues are not satisfied. Ms. Phippen stated that some of these issues are life/health/safety issues and that the building should not be occupied at all until, at minimum, these issues have been addressed.

Commissioner Rennels asked if certificate of occupancy had been issued and Ms. Phippen said no and reiterated that legally, the building should not be occupied; however the permit is current as of recently.

Mr. Larry Varner, property owner, stated that he was told the building permit was for retail sales only, so the business office is located in the house; which also is occupied by a business called The Diet Center. Mr. Varner noted that the business office does books and handles calls for both A-1 Windows and Doors and the Diet Center. Mr. Varner further stated that he has called twice for a gas line inspection, but Mr. Devoe from Building, has never shown. When inquiry was made to the Building Department regarding the no show, Mr. Varner stated that he was told Mr. Devoe was too busy on the days requested for the inspection.

Mr. Varner stated that he was unaware of the fire departments requirement to be within 175-feet of a hydrant until recently. Mr. Varner noted that he is working with transportation to move his driveway in order to get within 168-feet of a hydrant. Mr. Varner then held up his application for an electrical inspection and stated that it had taken the State Electrical Board four months to return his application with a note requiring the application be made by a contractor not the property owner.

Chair Olson asked if the permit issues are with the big building and Mr. Timm replied in the affirmative and noted that landscaping issues need to be addressed. Chair Olson asked about the status of building compliance and Mr. Timm stated that all issues are being addressed, but that some issues such as the foundation will be addressed if the Board of Adjustment responds favorably to the property owners' application.

Mr. Greg Gilbert, Deputy Fire Marshall, Loveland Fire Department, stated that Mr. Varner has corrected most issues raised by the department with the exception of the hydrant. The requirement for the hydrant, Mr. Gilbert continued, was part of the original conditions of approval for the 1998 permit. Chair Olson asked that if the property owners' request to move the driveway is denied, what would happen, and Mr. Gilbert stated that the property owner would be required to install a new hydrant.

Mr. Varner stated that if the request to move the driveway is denied and he must install a new hydrant; could he have additional time for the installment since the installation is expensive. Mr. Gilbert noted that Mr. Varner has had two years already to comply with the requirement and the hydrant is a life/safety issue for the fire department.

Chair Olson noted that the building permit issues exist whether a variance is granted or not and that the original conditions of approval for the 1998 permit should be met within 30 days inclusive of landscaping, heating and fire.

Commissioner Rennels stated that the requirement to install of 15 trees might be difficult this time of year and asked if something else could be done. Mr. Timm stated in this situation, the Planning Department would require an Improvement Agreement with the property owner for the landscaping and that this should be added as a recommendation. Mr. Timm further noted that if the driveway cannot be moved, the hydrant would need to be installed prior to a temporary certificate of occupancy (TCO).

Much discussion ensued regarding what conditions could be complied with within what timeframe.

Mr. Treu stated conditions for this violation should be 1. All conditions regarding electric, fire and landscaping from the original 1998 permit shall be met within 45 days; 2. If the Loveland Fire Department's, landscaping, gas/plumbing and heating conditions as well as electrical requirements are not met within 45 days, the large building shall be vacated inclusive of all materials; 2. A Certificate of Occupancy (CO) or Temporary Certificate of Occupancy (TCO) shall be issued within 45 days or the structure shall be vacated completely; 3. A variance shall be obtained to have more than one business in the larger structure or revert the structure back to a heated warehouse accessory building to the principle structure if a TCO or CO has been issued; 4. Landscaping requirement shall be completed within 45 days or the property owner shall have a signed Improvement Agreement on file in the Planning Department prior to the issuance of a CO or TCO; 5. Final CO shall also be in accordance with any condition(s) required by a variance granted by the Board of Adjustment.

M O T I O N

Commissioner Rennels moved that the Board of County finds a violation exists and require compliance with the above outlined conditions.

Motion carried 2 - 0.

There being no futher business, the hearing was adjourned at 4:15 p.m.

TUESDAY, SEPTEMBER 26, 2000

ADMINISTRATIVE MATTERS

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Jerry Blehm, Director of Environmental Health; Rich Grossman, Senior Environmental Health Specialist; Claudia DeLude, Code Enforcement Officer; John Pedas, Code Enforcement Administrator; Jeannine Haag, Assistant County Attorney; Carol Block, Director of Finance; and Gary Small, 4-H/ Extension Office Liason. Recording Clerk: Jean O'Connor.

  1. PUBLIC COMMENT: The Board is available to the public from 9:00 - 9:30 a.m.
  2. EXECUTIVE SESSION:
  3. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 9:40 a.m. for confidential legal advice.

    Executive Session ended at 10:00 a.m., no action was taken.

  4. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 18, 2000:
  5. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of September 18, 2000 with noted correction.

    Motion carried 3 - 0.

  6. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 2, 2000:
  7. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of October 2, 2000 as amended.

    Motion carried 3 - 0.

  8. CONSENT AGENDA

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as published on the consent agenda for September 26, 2000:

ACTION ITEMS: Appointment of Dixie Dick to the Extension Advisory Committee to fill an unexpired term effective September 25, 2000 through June 30, 2004.

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following abatements are approved: Brownlee; Faris/ Bilsing; Gross and Teletech Typesetting.

AGREEMENTS:

A00-133 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE UNITED STATES DEPARTMENT OF AGRICULTURE, DIVISION OF NATURAL RESOURCE CONSERVATION SERVICE

C00-50 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION

C00-51 ANNUAL COMMUNITY FOOD & NUTRITION CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS

C00-52 EXPANSION GRANT CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD CARE

C00-53 CONTACT AND COUNTERPROPOSAL BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BENJAMIN H AND PAMELA K JAMES FOR THE SALE OF LOT 67, GLACIER VIEW MEADOWS 12TH FILIING

R00-199 RESOLUTION APPROVING THE CONTRACT FOR REPLACEMENT OF BRIDGE #LR19-1.1-48 ACROSS CASHE LaPOUDRE RIVER

R00-200 FINDINGS AND RESOLUTION APPROVING STREET NAMING OF RANCHLAND LANE

R00-201 FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF PRELIMINARY PLAT APPROVAL OF COLONY RIDGE ESTATES II SUBDIVISION

R00-202 FINDINGS AND RESOLUTION APPROVING THE SWANSON LEGAL LOT APPEAL

R00-203 FINDINGS AND RESOLUTION APPROVING THE BACKBONE MEADOWS SUBDIVISION

R00-204 FINDINGS AND RESOLUTION APPROVING THE AMENDED SPECIAL REVIEW PETITION OF WALKER MANUFACTURING

MISCELLANEOUS: Johnson's Subdivision Amended Plat of lots 19 & 20; Amended Plat of lots 40, 41 and the north 1/2 of lot 42, Thompson's Lakeside Subdivision; Shirley Minor Land Divisions; Personnel Authorization request for new position for Accountant I in the Health and Environmental Department.

LIQUOR LICENSES: The following license is approved: Fort Collins Country Club- 6%- Fort Collins, CO. The following licenses are issued: Beaver Inn- 6%- Red Feather Lakes, CO; Summit Restaurant- 6%- Loveland, CO; and Charco Broiler- 6%- Fort Collins, CO.

Motion carried 3 - 0.

6. 4-H WEEK PROCLAMATION: Mr. Small request the Board proclaim the week of October 1 - 7, 2000 as 4-H Week. Mr. Jim Folk and Ms. Tanas Schroder addressed the Board with their accomplishments, aspirations and enthusiasum toward and through the 4-H program in Larimer County.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners proclaim the week of October 1 - 7, 2000 as 4-H Week.

Motion carried 3 - 0.

7. RESOLUTION OPPOSING AMENDMENT 21: Mr. Gluckman stated that in response to a request from Colorado Counties, Inc. (CCI) for the Boards' position on Amendment 21, he presented the Board with a resolution opposing the amendment. Commissioner Disney stated that the resolution is a responsible response to an irresponsible initiative and encourages all citizens to research this amendment thoughly prior to voting. Much discussion ensued regarding the impact this amendment would have on services provided by Larimer County and its' impact on the general fund.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution opposing Amendment 21.

Motion carried 3 - 0.

R00-205 RESOLUTION OPPOSING AMENDMENT 21

8. WORKSESSION: Mr. Gluckman stated CCI would be voting on Amendment 24 on the 6th of October for which Commissioner Rennels will be voting, and asked if the Board would like to provide direction/ imput regarding that vote. Consensus of the Board is to draft a resolution for signature next week.

9. COMMISSIONER REPORTS: Commissioner Disney provided pictures of the new Loveland Building. Commissioner Disney also noted that a consultant for the Estes Valley Transportation Study had been selected and would be announced after the seven-day objection period has passed.

  1. LEGAL MATTERS: None

THURSDAY, SEPTEMBER 28, 2000

POLICY WORK SESSION

(#657)

The Board of County Commissioners met with Mark Peterson, County Engineer at 9:30 a.m.; Chair Olson presided and Commissioner Rennels was present.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign an agreement between the Board of County Commissioners and Natural Resources Conservation Service for the Bobcat Fire- Weed Control.

Motion carried 2 - 0.

A00-134 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE UNITED STATES DEPARTMENT OF AGRICULTURE, NATURAL RESOUCES CONSERVATION SERVICE

____________________________________

CHERYL OLSON, CHAIR LARIMER

COUNTY COMMISSIONERS

MYRNA RODENBERGER

S E A L

A T T E S T

___________________________________

Jean M. O'Connor, Clerk to the Board

___________________________________

Gael M. Cookman, Deputy Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.