MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 22, 2004

LAND USE HEARING

(#31)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Claudia DeLude, Planning Department; Candace Phippen and Tom Garton, Building Department; Doug Ryan, Health Department; Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney, Dawn Stroh, Clerks' Office; and Jean O'Connor, Clerk to the Board.

Chair Pro-Tem Gibson stated the following item is consent and would not be discussed unless requested by the Board or members of the audience.

  1. KOUNS SUBDIVISION PRELIMINARY PLAT: NW 1/4 16-4-69, APPROXIMATELY 1700' DUE WEST OF THE INTERSECTION OF CR 21 AND CR 10, ON THE SOUTH SIDE OF THE ROAD
  2. This is a request for a Preliminary Plat for two-lot subdivision on 5.41 acres, and Appeal to Section 8.12.3 of the Larimer County Land Use Code requiring a drainage plan. Staff findings include 1. The proposed Kouns' Subdivision is compatible with existing and allowed land uses in the surrounding area; 2. The proposed Kouns' Subdivision can comply with all standards of the Code and with all other federal, state and County laws and regulations, subject to the conditions outlined below; 3. The proposed Kouns' Subdivision will not adversely affect special places in Larimer County; 4. The proposed Kouns' Subdivision as conditioned will comply with the Section 8 of the Larimer County Land Use Code. Staff recommendation is approval of the requests subject to the following conditions 1. The Final Plat of the Kouns' Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file, #03-S2181, unless modified by the conditions of this approval; 2. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, fire department requirements, the requirement for an access permits and culverts, the need for engineered footings and foundations, the need for engineered septic systems, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 3. The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit; 4. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 5. Engineering for any new residential and/or septic system construction within this subdivision shall be done in consideration of potential groundwater issues and the recommendations made by the Colorado state Geological Survey memo, prepared by Jill Carlson, dated January 6, 2004, including footing and foundation design, the need for perimeter drain system(s), adequate drainage away from foundation(s) and septic system (ISDS) design.

    MOTION

    Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

    Motion carried 2 - 0.

  3. STRAUSER ZONING VIOLATION: 7229 N. COUNTY ROAD 19

This is an alleged violation of Land Use Code Section 4.1.5 Outside storage: (of a single wide mobile home) is not a permitted use in the O-Open zoning district and Section 4.1.5: A junkyard is not permitted in the O-Open zoning district. Staff findings include 1. The property is zoned RE-Rural Estate; 2. Only one dwelling is permitted per parcel; 3. No building permit has been issued permitting this structure for any other use; 4. The use of this parcel for storage of a single wide mobile home is not permitted; 5. The use of the parcel for a junkyard is not permitted; 6. The continued use of the property, in violation of the Land Use Code, has affected the neighbor's ability to enjoy their own property; 7. The continued use of the property, in violation of the Land Use Code, 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. Compliance would require that the singlewide mobile home be removed from the parcel.

Chair Pro-Tem stated that the property owner is not present for this item and that there is no public present to comment on this item.

MOTION

Commissioner Bender moved that the Board of County Commissioners find a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met. Compliance would require that the singlewide mobile home be removed from the parcel.

Motion carried 2 - 0.

3. SCHOOLEY ZONING VIOLATION: 2117 N. COUNTY ROAD 13

This is an alleged violation of Land Use Code Section 21.1(C): "It is unlawful to use real property, or the improvements thereon...in any way that is inconsistent with the terms and conditions of any land use approval..." Staff findings include 1. The property is zoned FA-1 Farming; 2. The Board of County Commissioners approved a Minor Land Division (file # 02-S1933) for parcel 94120-00-002. This created four new lots; 3. Lot C has a single family dwelling and a mobile home on site; 4. A condition of approval for the MD was that the mobile home be removed from Lot C within six months of recording the MLD plat. The MLD plat was recorded April 29, 2002; 5. The property owner is in violation of the conditions of approval for the MLD; 6. The property owner must petition the Board of Adjustment for the appropriate approval to have two dwellings. To date, the property owner has not applied for county approval. Staff recommendation is to find that a violation exists and require compliance within 60 days. Legal action is also authorized if the deadline is not met. Compliance would require that 1. The property owner applies to the Board of Adjustment for Special Exception approval for a second dwelling on this site AND 2. If the Special Exception is approved, the property owner also applies to amend the applicable condition on the Schooley Minor Land Division plat. OR 1. The property owner removes the structure from the property.

Ms. DeLude stated that the property owner was in to meet with staff earlier this month, but did not indicate his intentions.

Mr. Todd Schooley stated that the singlewide is not causing any problems and that he rents it out to generate money to pay utility bills. Ms. DeLude reiterated that the option still exists to pursue an exemption from the Board of Adjustment. After much discussion, Mr. Schooley stated that he would make an appointment with staff to get an application for the Board of Adjustment.

MOTION

Commissioner Bender moved that the Board of County Commissioners find that a violation exists and require compliance within 60 days. Legal action is also authorized if the deadline is not met. Compliance would require that 1. The property owner applies to the Board of Adjustment for Special Exception approval for a second dwelling on this site AND 2. If the Special Exception is approved, the property owner also applies to amend the applicable condition on the Schooley Minor Land Division plat. OR 1. The property owner removes the structure from the property.

Motion carried 2 - 0.

4. MONEYPENNY BUILDING CODE VIOLATION: 7315 S. SHIELDS ST.

The property owners are in violation of the following sections of the UBC: Section 106.1: No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official; Section 109.1: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein; BY VIRTUE OF: Building Permit 02-B0805 for a temporary extended family dwelling unit (single-wide mobile home) was issued on 10/2/2002. The unit is being occupied without final inspection approvals. The only inspections conducted and approved are the setback inspection and final inspection approval from the Health Department for the septic system. The mobile home is sitting on blocks and has not been tied down to the property.

Staff recommendation is to require compliance with the Larimer County Building Code within 30 days, and authorize legal action if the deadline is not met. The following items must be completed in order to reach compliance with the Larimer County Building Code 1. Final inspection approval from the State Electrical Board; 2. Final inspection approval from the State Mobile Home Inspection Program (MHIP); 3. Final inspection approval from the Building Department for gas lines installed; 4. Final Inspection approval from the Building Department for skirting and insulation; 5. Final inspection approval from the Building Department for stairs and handrail providing one exit/entrance to the unit; 6. Final Building Department inspection approval after final grading is completed and approval from the State Electrical Board is obtained.

Mr. Ron Moneypenny requested 60 -90 days additional time to get money to pay for all the inspection. Chair Pro-Tem asked what would be accomplished in 30 or 60-days that hasn't occurred in the past six months. Mr. Moneypenny stated that he had called for the tie-down/blocking inspection, but the tie downs did not pass and he has two weeks to call for another inspection.

Chair Pro-Tem Gibson noted that there is no public present for this item.

MOTION

Commissioner Bender moved that the Board of County Commissioners find a violation exists and require compliance with the Larimer County Building Code within 60 days, and authorize legal action if the deadline is not met. The following items must be completed in order to reach compliance with the Larimer County Building Code 1. Final inspection approval from the State Electrical Board; 2. Final inspection approval from the State Mobile Home Inspection Program (MHIP); 3. Final inspection approval from the Building Department for gas lines installed; 4. Final Inspection approval from the Building Department for skirting and insulation; 5. Final inspection approval from the Building Department for stairs and handrail providing one exit/entrance to the unit; 6. Final Building Department inspection approval after final grading is completed and approval from the State Electrical Board is obtained.

Motion carried 2 - 0.

  1. TRYON BUILDING CODE VIOLATION: 6770 SW 14TH ST.
  2. JOHNSTON BUILDING CODE VIOLATION: 13237 LATIGO LANE

Ms. Phippen requested that both of these violations be tabled to May 3, 2004 at 3:00 p.m. since the property owners have come in to work with staff.

MOTION

Commissioner Bender moved that the Tryon Building Code Violation and the Johnston Building Code Violation be tabled to May 3, 2004 at 3:00 p.m. as requested by staff.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 3:40 p.m.

TUESDAY, MARCH 23, 2004

ADMINISTRATIVE MATTERS

(#32)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Jerry White and Charlie Johnson, Open Lands Department; Marc Engemoen and Stephen Gillette, Natural Resources; Gael Cookman and Dawn Stroh, Clerks' Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 15, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners table the approval of the minutes to March 30, 2004.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 29, 2004: Mr. Lancaster reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

03232004A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GREGORY FEIT FOR THE FEIT SUBDIVISION

03232004A002 TERMINATION OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT (Welfare to Work Program)

03232004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WINSLOW CONSTRUCTION COMPANY (Project #5504)

03232004D001 DEED OF DEDICATION FOR USE AS A PUBLIC HIGHWAY BY TOP FIVE INC

03232004R001 RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE, SUPPLEMENTARY REGULATIONS, AND FUNCTIONAL ROAD CLASSIFICATION MAP

03232004R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN SPANIER SUBDIVISION

03232004R003 FINDINGS AND RESOLUTION APPROVING THE MUMMY MOUNTAIN PRELIMINARY AND FINAL CONDOMINIUM MAP

03232004R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN EAGLE ROCK RANCHES, LOTS 20 & 21

03232004R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN CHARLES HEIGHTS

MISCELLANEOUS: Spanier Subdivision Amended Plat; Feit Subdivision Final Plat; Emergency Shelter Grant Proposal for 2004 - 2005; Monitoring and Permit Deviation Report required by Landfill's Air Emissions Permit.

LIQUOR LICENSES: The following license was issued Coach House Bar and Grill- Tavern- Loveland, CO.

Motion carried 2 - 0.

5. WORK SESSION: Mr. Lancaster requested approval for a waiver of the purchasing policy for the Fairgrounds. Bath Nursery, Mr. Lancaster continued, provided the landscaping and sprinkler system installation at the fairgrounds, which came with a 1-year warranty on both. Mr. Lancaster requested the Board allow Bath Nursery to provide maintenance for 1-year at the Fairgrounds instead of going through the bid process due to the existing warranty.

MOTION

Commissioner Bender moved that the Board of County Commissioners waive the purchasing policy and allow Bath Nursery to provide maintenance for 1-year at the Fairground Complex for landscape and the sprinkler system.

Motion carried 2 - 0.

6. KRAFT CONSERVATION EASEMENT: Mr. White stated that the easement is in the Wellington agricultural area, which is the second highest priority area for the Open Lands Program for preservation. Mr. Johnson briefed the Board regarding the location and cost of the easement, which is 130-acres. Mr. Johnson further noted that the Kraft family would continue to farm the easement and requested approval.

MOTION

Commissioner Bender moved that the Board of County Commissioner approve the resolution for the 130-acre Kraft Conservation Easement purchase.

Motion carried 2 - 0.

03232004R006 RESOLUTION FOR THE ACQUISITION OF THE KRAFT CONSERVATION EASEMENT

7. PRESENTATION OF NATURAL RESOURCES ANNUAL REPORT: Mr. Engemoen and Mr. Gillette presented and briefed the Board on the first annual report from Natural Resources regarding the improvements and accomplishments in 2003.

8. WORK SESSION (cont.): Mr. Lancaster stated that he received the proposed salaries for the District Attorneys' office late yesterday. Mr. Lancaster stated that new salaries for appointed officials, as well as employees, will be effective April 1, 2004, and requested the Board authorize the Chair to sign a resolution approving the salaries for District Attorney officials conditional upon the County Managers review and verification that they meet the guidelines set by the Board.

MOTION

Commissioner Bender moved that the Board of County Commissioners authorize the Chair to sign a resolution establishing salaries for appointed officials upon receipt.

Motion carried 2 - 0.

03232004R007 RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS IN THE OFFICE OF THE DISTRICT ATTORNEY

9. COMMISSIONER REPORTS: The Board noted their attendance at event last week.

10. LEGAL MATTERS: Ms. Cookman notified the Board that Club Osirus is contemplating an internal transfer of ownership and that the County Attorney would present the Board with options for action next week during Administrative Matters.

There being no further business, the meeting adjourned at 10:15 a.m.

WEDNESDAY, MARCH 24, 2004

PETITION FOR ABATEMENT HEARING

STEELE'S MARKET

(33)

The Board of County Commissioners met with Jon Cowlan, Assessors' Office; Chair Pro Tem Gibson presided and Commissioner Bender was present. Also present were Lela de los Santos, Assessor's Office; Dawn Stroh, Clerks' Office; and Jean O'Connor, Clerk to the Board.

Chair Pro Tem Gibson stated that this hearing is to abate taxes for schedule numbers P8161470 and P0833720 for the former Steele's Markets at the Harmony Road and Drake Road locations.

Ms. de los Santos stated that the petitioner has requested a tax adjustment based on the price received for the property at the bankruptcy auction. Distress sale prices, Ms. Lela de sol Santos continued, is not a valid reason for adjustment.

Mr. Daniel Garfield, attorney for Nash Finch, provided the Board with the past history of Steele's Market and how the bankruptcy is structured. Mr. Garfield stated that Nash Finch had guaranteed a large loan with GE for its' long time customer Steele's, and if the taxes are adjusted, the money would go into a "pool" to repay that loan and any extra would be used to pay the Larimer County taxes. Mr. Garfield stated that the actual sale price is better evidence than the assessed value.

Commissioner Bender stated that he has concerns about abating taxes due Larimer County in order to recover a debt to another entity.

Much discussion ensued regarding how to determine the meaning of "value" and how it is determined.

Chair Pro-Tem Gibson requested additional information from staff and the petitioner. Staff is to provide a comparison with other grocery stores in the County and the petitioner is to provide a list of items sold and the price.

MOTION

Commissioner Bender moved that the Board of County Commissioners table the Steele's Abatement hearing to Tuesday, April 13, 2004 at 10:00 a.m. in the Commissioners' Conference Room.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 11:40 a.m.

__________________________________

GLENN W. GIBSON, CHAIR PRO-TEM

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

__________________________________

Jean M. O'Connor, Clerk to the Board