Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 16, 2001

EXECUTIVE SESSION

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 2:50 p.m. with Larry Timm, Director of Planning and George Hass, County Attorney for legal advice.

Motion carried 3 - 0.

Executive session ended at 3:00 p.m.; no action was taken.

LAND USE HEARING

(#26)

The Board of County Commissioners met at 3:00 p.m. with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Dave Shirk, Estes Park Planner; Claudia DeLude, Code Enforcement Officer; Doug Ryan, Environmental Planner; Traci Downs, Civil Engineer; George Hass, County Attorney; and Jean O'Connor, Recording Clerk.

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

  1. PRATT REZONING

This is a request to rezone a 4.12-acre tract of land from "A" Accommodation to "RE" Rural Estate. Staff recommendation is approval.

2. PRATT SUBDIVISION FINAL PLAT

This is a request to obtain legal lot status for Lot 1, a 4.12-acre tract as well as request an exception to the Larimer County Private Drive standards. The applicant also requests approval of the Final Plat of the Pratt Subdivision. Staff findings include 1. The minimum lot area requirement will be met; 2. Proposed water and septic service will be adequate for single family domestic use, however ISO fire flow requirements will not be met; 3. Signed and recorded shared access and maintenance agreements are required to demonstrate legal access to the proposed lot; 4. This request involves two exceptions to applicable road standards: a. There will be more than four dwellings served by a private drive; b. The required easement and private drive minimum road width will not be met. Staff is recommending approval of the Pratt Rezoning and Pratt Subdivision Final Plat.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Pratt Rezoning and Pratt Subdivision Final Plat as presented.

Motion carried 3 - 0.

3. THOMAS EXTENDED FAMILY DWELLING APPEAL: NW 1/4 OF 34-5-69; 2762 W. COUNTY ROAD 16, LOVELAND

This is an appeal for an Extended Family Dwelling. The appeal is regarding the following required standards: Section 4.3.10 (G)(1)(a) The parcel is three acres rather than four. Section 4.3.10 (G)(1)(b) The occupant of the requested extended family dwelling is not 65 or older/disabled. The proposed occupant is the property owner's daughter. She will occupy the proposed dwelling to help care for her mother. The mother resides in the existing dwelling. Section 4.3.10 (G)(2)(e) the parcel is less than 4 acres and does not utilize public sewer. There is on site septic. Staff findings include 1. The property is zoned FA-Farming; 2. The Extended Family Dwelling application was not an option to Mr. Thomas in the past. This is the best alternate solution to allow for this situation. It would also rectify any existing zoning violations/court proceedings; 3. The request for this dwelling meets the criteria described in the Larimer County Land Use Code, except for the three items appealed herein; 4. There is no conflict amongst County staff or referral agencies; 5. There does appear to be a legitimate hardship that justifies the need for an extended family dwelling; 6. The extended family dwelling will not substantially/adversely impact the surrounding area; 7. 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.; 8. All applicable capital expansion fees will be paid; 9. All required building permits for this structure will be applied for; 10. All required permits for the additional septic system will be applied for.

Mr. Leslie Thomas, property owner, stated that he has started to clean up his land and will continue to do so, but his immediate concern is for his wife and her failing health. Mr. Thomas stated that his daughter has been assisting with the care of her mother while he works and requests the Board approve his application for an extended family dwelling, a single-wide mobile home, which his daughter will occupy for no more than three years.

Mr. Bill Beierwalters, area resident stated that he objects to the appeal since the property is currently a zoning violation, which has been upheld in court and that the adjacent property to the west is a conservation easement purchased with open space sales tax dollars. Mr. Beierwalters noted that Mr. Thomas is trying to avoid a court order by claiming his wife's ill health and the necessity for the daughter to reside in the mobile home. If the wife is in need of assistance while Mr. Thomas works, Mr. Beierwalters continued, there is no need for the daughter to reside on the property.

Mr. Greg Foust, adjacent property owner, stated that Mr. Thomas' property has been a zoning violation since 1997, is affecting area property values, and opposes the request for a variance. Mr. Foust also noted that Mr. Thomas is in violation of the deed restriction for access to his property.

Mr. Rich Johnson stated that he opposes regulations which prohibit someone doing something with their property, but that he also opposes a willful junkyard.

Ms. Susan Williams stated that Mr. Thomas' property is an eyesore, a nuisance and that many vehicles are hauled back and forth on the access road causing its' deterioration.

Mr. Thomas stated that he use to work on cars but was told by the County that he was not zoned for such a use so he quit. He owns the only vehicles on the property. The access road is in bad shape, Mr. Thomas continued, but the last time the road was graded, Mr. Foust agreed to pay half but never did. Mr. Thomas also noted that he owns a 5th-wheeler, which is on his property, but that no one lives in it and that the old rail car is used for agricultural storage.

Ms. DeLude stated that the County does not regulate the number of licensed operable vehicles a citizen can park on their property, and that the pending civil suit is in regards to the single wide mobile home only.

At this time the hearing was closed to the public and Commissioner Bender stated the item before the Board is an appeal with conditions. However, Mr. Thomas' lot size does not meet the required minimum size for an extended family dwelling and therefore requires a variance from the Board of Adjustment.

Commissioner Gibson suggested the request be tabled until the Board of Adjustment has taken action on the lot size variance. Chair Rennels stated that she fought for the extended family dwelling section of the Land Use Code due to a lack of affordable senior health care. Mr. Timm stated that Mr. Thomas could submit an application for review by the Board of Adjustment by May 21, 2001, the public hearing would be June 26, 2001, and suggested the Board table this request to July 16, 2001 at 3:00 p.m. Mr. Timm noted that staff is proposing a condition of approval that requires all miscellaneous junk and unlicensed/inoperable vehicles be removed from the property by July 16, 2001, and suggested this condition be complied with prior to the item coming back before the Board.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners table the Thomas Extended Family Appeal to July 16, 2001 at 3:00 p.m. to allow the Board of Adjustment to act on the variance request and for staff to determine if all miscellaneous junk and unlicensed/inoperable vehicles have been removed.

Motion carried 3 - 0.

TUESDAY, APRIL 17, 2001

ADMINISTRATIVE MATTERS

(#27)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Pro Tem Gibson presided and Commissioner Bender was present. Also present were George Hass, County Attorney; Al Kadera, Planner II; Rob Helmick, Senior Planner; Claudia DeLude, Code Enforcement Officer; Tom Garton, Chief Building Official; Katherine Huber, Senior Building Technician; Janelle Henderson, Director of Natural Resources; Mike Carroll, Weed District Manager; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. to 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 9, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of April 9, 2001 as submitted.

Motion carried 2 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 23, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of April 23, 2001 as amended.

Motion carried 2 - 0.

  • Invitations: Mr. Lancaster reviewed pending invitations with the Board.

  1. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the Consent Agenda for April 17, 2001:

A01-54 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LOVELAND PIT SAND AND GRAVEL OPERATION WESTERN MOBILE NORTHERN, INC

R01-62s FINDINGS AND RESOLUTION APPROVING THE OLANDER REVISED PRELIMINARY RURAL LAND PLAN

R01-63g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS- DOUGLAS ALAN RICE

MISCELLANEOUS: Approval of Core Services & Chaffee Foster Care Independence Program Plan FY 2001-2002

LIQUOR LICENSES: The following licenses were approved Al Fresco Great Italian Foods- 6%- Fort Collins, CO; Red Feather Lakes Library Foundation- 6% Special Event Permit- Red Feather Lakes, CO. The following licenses were issued Overland Foods- 3.2%- LaPorte, CO; Sandy's Convenience Store- 3.2%- Fort Collins, CO; 287 Discount Liquors, Inc- 6%- Fort Collins, CO; Rustic Resort- 6%- Bellvue, CO; and Rustic Liquors- 6%- Bellvue, CO.

Motion carried 2 - 0.

5. DISCUSSION OF STREET NAMES: Mr. Garton requested direction from the Board regarding existing 35-acre developments addressing off county roads. The problem, Mr. Garton stated is that staff is running out of numbers for addressing and either the internal streets need to be named or staff will need to start using decimals in addressing. Commissioner Bender suggested staff contact homeowner associations to discuss changing addresses and allow them the option to name their own streets so long as they comply with the LETA Street Naming Standards. The Board offered to assist staff if a development disagrees with changing addresses.

6. APPOINT CURRENT WEED CONTROL TECHNICIAN TO VACANT WEED SPECIALIST I POSITION: Mr. Carroll requested the Board waive Personnel Policy 205, which requires posting of job vacancies. Mr. Carroll stated that a temporary employee of two years, Mathew Parker, has expressed interest in filling the vacancy.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve waiving Personnel Policy 205 to allow Mathew Parker to fill the currently vacant position of Weed Specialist I.

Motion carried 2 - 0.

7. WORK SESSION: Mr. Lancaster stated that the motion approving an amendment to the Intergovernmental Agreement with the City of Fort Collins extending the closing date for property in the Fossil Creek Reservoir Area needs to be rescinded due to numerous errors.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners rescind the motion approving an amendment to the Intergovernmental Agreement with the City of Fort Collins- A01-53.

Motion carried 2 - 0.

8. COMMISSIONER REPORTS: Commissioner Bender stated that he attended a meeting at Rim Rock Ranch and discussed the extension of the Coyote Ridge Trail. Commissioner Bender also attended new employee orientation, the Office on Aging Advisory Board meeting and the Phil James Wildlife Commission meeting. Chair Pro Tem Gibson noted that he did a sight visit to the proposed Wildwing Development, the rock quarry west of Loveland and spent some time with a bird watcher in the Fossil Creek Reservoir area listening to concerns and learning about bird habitat.

9. CODE ENFORCEMENT DISCUSSION: Ms. DeLude stated that on several occasions, zoning violations have been referred to the County Attorney or gone to court for compliance. Ms. DeLude stated that the county can clean-up the properties, but there is no funding. Chair Pro Tem Gibson noted that there is no "teeth" in zoning violation implementation so citizens ignore actions of the Board and court orders and suggested staff budget for implementation of zoning violation findings. Ms. DeLude stated that several single-wide mobile homes need to be removed, but a title is needed to bring them to the landfill and staff can't attain a title. Mr. Hass stated that he would research what options are available to staff. Chair Pro Tem Gibson suggested staff proceed with getting bids to clean up and haul off the mobile homes and return to the Board for action.

10. LEGAL MATTERS: Mr. Lancaster stated that a citizen requested the Board utilize a section in the Land Use Code to revoke a certificate of occupancy on a neighbor since the neighbor has built an addition on his house, which crosses the boundary line. Much discussion ensued regarding the county's options for assisting in the matter. It was determined the issue is a civil matter to be heard before the court.

Ms. O'Connor informed the Board the Town of Estes Park has submitted a petition, notice/resolution and annexation map for the Dry Gulch Addition #1.

There being no further business, the meeting was adjourned at 10:30 a.m.

WEDNESDAY, APRIL 18, 2001

PRIVATE ACTIVITY BOND HEARING

The Board of County Commissioners met at 10:00 a.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present was Frank Lancaster, County Manager and Jean O'Connor, Recording Clerk.

Chair Rennels noted that the item before the Board is the sale of private activity bonds for Genesis Innovation. Mr. Lancaster stated the applicant has requested this item be removed from the agenda to be rescheduled at a later date.

There being no further business, the hearing was adjourned at 10:05 a.m.

___________________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J RODENBERGER

CLERK & RECORDER

S E A L

(A T T E S T)

___________________________________

Jean M. O'Connor, Clerk to the Board

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