MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, OCTOBER 24, 2005
LAND USE HEARING
(#114 & 115)
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner. Chair Rennels presided and Commissioners Wagner and Gibson were present. Also present were: Porter Ingrum, Casey Stewart, and Matt Lafferty, Planning Department; Christie Coleman, and Ed Woodward, Engineering Department; Doug Ryan, and Rich Grossman, Environmental Health Department; Candice Phippen, Building Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.
Chair Rennels opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics. Chair Rennels explained that Item 1, regarding the Bebo Zoning Violation, is being removed at staff's request. Ms. Phippen explained that the Bebo property is being annexed into the Town of Berthoud, and that the Town of Berthoud would make sure that the violations are addressed as part of the annexation process. Chair Rennels noted that Items 2 - 5 are on consent and would not be discussed unless requested by the Board, staff, or members of the audience. Mr. Lafferty requested that Condition Number 4 be removed from the Vern's Planned Land Division and Planned Development. This change is reflected in the project description below.
2. ROBBINS MINOR LAND DIVISION (MLD) - #05-S2485: This is a request for a Minor Land Division to split the existing improvements off from the balance of the property. Lot 1 will contain the improvements and have an area of 2.55 acres. Lot 2 will contain the agricultural ground with an area of 16.05 acres. This 18.60 acre property currently contains a single-family residence and two outbuildings.
The Land Surveyor of the Larimer County Engineering Department noted two corrections to be made prior to the recording of the MLD. The Engineering Department provided comments regarding transportation, access issues, drainage, floodplain, erosion control issues, and fees. County Road 18 is an arterial road that requires a 120-foot right-of-way. The existing and proposed right-of-way will need to be dedicated on the Final Plat. The Larimer County Department of Health and Environment commented that the proposed MLD will not interfere with the existing improvements and they have no objections to the MLD. The permits section of the Planning Department provided comments regarding addressing concerns for this property. The current address for Lot 1 will not change, and Lot 2 will be assigned an address off of County 18. The Building Code Enforcement Section of the Larimer County Building Department commented that building permits and inspection approvals must be obtained for the barn and shed located on the property.
Staff findings are as follows: The proposed Robbins Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code.
The Development Services Team recommends approval of the Robbins Minor Land Division (File #05-S2485) subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:
1. Prior to the recordation of the MLD Plat the applicant shall make technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department in the referral letter dated September 16, 2005.
2. Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments from Christie Coleman in the referral letter dated September 23, 2005.
3. The following fees shall be collected at building permit issuance for new single family dwellings: Larimer County fees for County and Regional Transportation Capital Expansion.
4. Within 90 days after the recordation of the MLD plat, building permits and all required inspection approvals must be obtained for the barn and shed located on this property.
5. Lot 2 of the Robbins MLD shall remain undeveloped until such time as a development application is approved by the BCC or the property is annexed to a municipality.
6. All conditions of approval shall be met and the Final Plat recorded by April 23, 2006, or this approval shall be null and void.
3. SOMETHING FROM THE FARM - BIG HORN SPECIAL EXCEPTION - #05-Z1552: This is a request for a Special Exception to allow a commercial farm products stand for the sale of farm produce, baked goods, coffee, seasonal and holiday gifts, Christmas trees, and pumpkins in the FA-1 Farming zoning district. The request also includes an appeal of the Larimer County Land Use Code Sections 8.1.1 and 8.1.2 for public water and sewer requirements (Sections 4.1.2.A and 4.7).
At a public hearing on September 21, 2005, the Larimer County Planning Commission considered the Something from the Farm – Big Horn Special Exception requesting a Special Exception to allow a commercial farm products stand for the sale of produce grown on the site and retail sale of the following: fruits from local growers, whole bean and ground coffees, wheat berries, whole grains and beans, canned jams and jellies, pre-packaged pies, gift baskets, seasonal holiday items, Christmas trees, and pumpkins. The proposed activities constitute a commercial use because they include retail sale of products produced off site. This use is not allowed in the FA-1 Farming zoning district.
The request also includes appeals of the sewer and water requirements of Section 8.1.1 and 8.1.2 and consideration for parking on an adjacent lot (Section 8.6.3.B.2.e). Rather than providing an on-site sewage disposal system and water via a public water system, the applicant proposes to provide portable chemical toilets and hand washing stations. The applicant has a written agreement with the owner of the adjacent Lot 2, the Redeemer Lutheran Church, to allow use of their parking lot for customer parking and access to the farm stand on Lot 3.
The item was on the discussion agenda solely because it was the first Special Exception application the Planning Commission had reviewed since the code amendments that switched review from the Board of Adjustment. No members of the public attended to object.
The Development Services Team (DST) provided an overview of the project, including a recommendation for conditional approval. At the time of the hearing it was noted that the applicant was in agreement with the DST recommendations, but sought an approval for three years of operation instead of two years. The original proposed conditions are outlined in Staff’s report to the Planning Commission.
Discussion regarding the request for three years operation instead of two years occurred and, as a result of this discussion, the Planning Commission recommendation now includes the modification of Condition 1 with additional year of operation through 2008, and modification of Condition 3 to extend date of approval expiration to January 1, 2009.
The Larimer County Development Services Team recommends approval of the Something from the Farm–Big Horn Special Exception, file # 05-Z1552, as recommended by the Larimer County Planning Commission below:
The Planning Commission recommends the Board of County Commissioners approve Something from the Farm – Big Horn Special Exception, File #05-Z1552, appeal to Section 8.1.1 of the Larimer County Land Use Code (Sewage disposal level of service standards).
The Planning Commission recommends the Board of County Commissioners approve Something from the Farm – Big Horn Special Exception, File #05-Z1552, and the appeal to Section 8.1.2 (Domestic water level of service standards) of the Larimer County Land Use Code.
The Planning Commission recommends the Board of County Commissioners approve Something from the Farm – Big Horn Special Exception, File #05-Z1552, subject to the following conditions with amendments to Condition 1 and Condition 3:
1. The uses and activities approved for this Special Exception are to be conducted September 1 through December 31 for the years 2005, 2006, 2007, and 2008 and include the sale of produce grown on the site and retail sale of the following: fruits from local growers, whole bean and ground coffees, wheat berries, whole grains and beans, canned jams and jellies, pre-packaged pies, gift baskets, seasonal holiday items, Christmas trees and pumpkins. All food items shall either be whole farm products or pre-packaged items that are not classified as potentially hazardous and come from approved licensed retail food establishments.
2. The hours of operation shall be Monday through Saturday, from 9:00 a.m. to 6:00 p.m., and Sunday 1:00 p.m. to 500 p.m.
3. If the applicant can provide an agreement between him and the owner of Lot 2 of the Big Horn Ridge Subdivision demonstrating the right to use the parking lot for parking and access to Lot 2, this Special Exception approval shall automatically expire on January 1, 2009, and shall not continue past that date unless and until another Special Exception and/or other appropriate review required at the time is granted. Otherwise, this Special Exception approval shall automatically expire on January 1, 2007.
4. No permanent structures are allowed with this approval. The applicant shall provide portable chemical toilets and hand washing stations and must have them serviced by a licensed firm.
5. The applicant shall obtain Site Plan review approval from the County Planning Department prior to commencement of any uses approved by this Special Exception.
6. The applicant shall comply with the requirements of the appropriate fire protection district by locating all structures, including all sides of the structure, within 150 feet of the fire truck access in the parking lot of the Redeemer Lutheran Church.
7. The applicant shall contact the Engineering Department to pay associated Transportation Capital Expansion Fees as part of the building permit application process.
8. During the time period for which this Special Exception is approved in Condition 2, failure to comply with any other conditions of this approval may result in reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.
4. AUTUMN CREEK CONSERVATION DEVELOPMENT (CD) - #00-S1635: This is a request to allow the Autumn Creek Conservation Development, which was approved to be developed in one phase, to be developed in two phases. Autumn Creek Conservation Development was approved on July 1, 2002, as an 11-lot development to be built in one phase. Since that approval, market conditions have changed considerably. At this time, the applicant is requesting that the 11-lot development be developed as approved, but in two phases instead of one. The first phase will consist of the platting of one residential lot, a temporary septic easement and served with public water and all other necessary utilities. All required road dedications and trail easement dedications will be made in the first phase.
The second phase will consist of the final platting of the remaining 10 lots. During the second phase the developer will be responsible for installing landscaping, making all final road improvements, and installing all remaining required utilities such as public sewer.
Developing this CD in two phases preserves both the effort and expense that the applicant has invested in the project thus far, and also preserves the time and effort that County staff members have expended to negotiate this CD. Approving this phasing request allows the developer the flexibility needed to respond to market conditions while meeting his obligations to the County and the public.
The phasing request will not alter the design of the approved development or the overall commitments of the developer of the project; the phasing request will allow the approved development to be built in two phases instead of one. The phasing request will not adversely affect any neighboring properties, and will not significantly or substantially alter the design as approved by the Board of County Commissioners.
The Development Services Team recommends approval of the phasing request for Autumn Creek, subject to the following condition and authorization for the Chair to sign the plat when the condition is met and the plat is presented for signature: The Phasing Plan shall be in all ways consistent in the design as approved by the Board of County Commissioners.
5. VERN'S PLANNED DEVELOPMENT (PD)/PLANNED LAND DIVISION (PLD) - #04-S2288: This is a request for a Rezoning (Planned Development) and Planned Land Division (Preliminary Plat) to create three commercial use lots for a restaurant (existing), office and enclosed storage. On September 21, 2005, the Development Services Team presented the Rezoning and Preliminary Plat for the Vern’s PD and PLD to the Planning Commission as a consent agenda item. No testimony was offered by the public or the Planning Commission regarding the development application; therefore, the Planning Commission made a recommendation to approve this development as recommended by the Development Services Team.
Since the Planning Commission meeting there have been no modifications to the Vern’s PD and PLD application. The Development Services Team recommends approval of the Rezoning and Preliminary Plat for the Vern’s PD and PLD, File #04-S2288, subject to the conditions recommended by the Planning Commission as follows:
The Planning Commission recommends the Board of County Commissioners approve the Vern’s Rezoning to Planned Development, File #04-S2288, subject to the following conditions:
a. The rezoning shall be effective upon the recordation of the Final Plat of Vern’s Planned Land Division.
b. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Vern’s Planned Development shall be as follows:
1. The Planned Development (PD) zoning for the property shall be as follows:
PD (Planned Development)
A. Principal uses (See Section 4.3 of the Larimer County Land Use Code for Use Descriptions and Conditions)
Pet Animal Facility (R)
Enclosed Storage (R)
Convenience Store (S)
Automobile Service Station (S)
Car Wash (S)
Professional Office (R)
Takeout Restaurant (S)
Sit-down Restaurant (R)
Instructional Facility (R)
Pet Animal Veterinary Clinic/Hospital (R/S)
Livestock Veterinary Clinic/Hospital (R/S)
Health Services (R)
School, public (L)
School, non-public (R/S)
Rehabilitation Facility (R)
Child/Elderly Care Center (S)
Sheriff/Fire Station (L)
Bed and Breakfast (R/S)
Nursing Home (R)
Park and Ride (R)
Membership Club/Clubhouse (R)
B. Lot, building and structure requirements:
1. Minimum lot size:
Lot 1 shall be no less than 0.32 acres
Lot 2 shall be no less than 1.23 acres
Lot 3 Shall be no less than 1.47 acres
2. Minimum setbacks:
Setbacks for Lot 1 shall be as follows:
a. Front yard - The setback from Galway Drive must be no less than 15 feet from the property line/right of-way line, and the setback from County Road 54G must be no less than 23 feet from the property line/right-of-way line.
b. Side yards - 15 feet.
c. Rear yards - 15 feet.
Setbacks for Lot 2 shall be as follows:
a. Front yard - The setback from Galway Drive must be no less than 15 feet from the property line/right of-way line, and the setback from County Road 54G must be no less than 15 feet from the property line/right-of-way line.
b. Side yards - 5 feet.
c. Rear yards - 5 feet.
Setbacks for Lot 3 shall be as currently exists (existing restaurant building):
3. Maximum Structure Height – 40 Feet
· Uses followed by an (L) require review through the location and extent review process described in section 13.0.
The Planning Commission recommends the Board of County Commissioners approve the Vern’s Planned Land Division, File #04-S2288, subject to the following conditions:
1. The Final Plat shall be consistent with the approved Preliminary Plat and with the information contained in the Vern’s Planned Land Division/Planned Development (File #04-S2288), except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Vern’s Planned Land Division/Planned Development.
2. The following fees shall be collected at building permit issuance: Larimer County fees for County and Regional Transportation Capital Expansion and applicable drainage fees. The fee amount that is current at the time of building permit application shall apply.
3. Prior to the recordation of the Final Plat, the applicant shall provide a landscape enhancement plan for the area of the disturbed wetlands.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve Items 2 - 5, as listed on the Consent Agenda and outlined above.
Motion carried 3-0.
6. PHEASANT RUN APPEAL - #05-G0085: This is a request for an appeal to Section 5.2 of the Larimer County Land Use Code to allow the use of the Minor Land Division Process to reconsolidate illegal lots and use the Site Plan Review process to allow development of portions of the property before a Planned Development and Planned Land Division are applied for and approved. In 1985, the Board of County Commissioners approved the Centro Business Park Planned Unit Development (PUD) Master Plan, which envisioned up to five commercial use lots on the overall property. The Master Plan concept was to develop the property as a phased development, with preliminary and final plats being approved over time as interest and financial opportunities arose. At the time of the Master Plan approval the First Phase was also approved, which created one lot, upon which there is now a motel. The remaining portion of the property remained undeveloped and was never platted for additional development.
Shortly after the approval of the Master Plan and Final Plat for Lot 1, which is Phase 1 of the development, the property was foreclosed upon and as part of the foreclosure the bank illegally divided the property into six parcels and sold them separately. Over the years there has been increasing interest in these properties, but due to the illegal status of the properties, this interest quickly diminishes. Recently Mr. Williams, the property owner and applicant, re-assembled all of the illegal parcels into a single ownership, and move forward with the development of the property. However, the applicant believes that the PD and PLD process is too time consuming and costly, and is requesting an appeal to be allowed to use the Minor Land Division process to recombine the illegal parcels into two lots and then use the Site Plan Review process to develop the two lots.
The Development Services team acknowledges that time and money are critical aspects of site development; however, public process is also instrumental in the review of development applications. With regards to this appeal, the Development Services Team will not support the request; as such a request would allow full development of two properties verses one, without consideration of the Larimer County Master Plan of the East Mulberry Corridor Plan through the appropriate subdivision process. The purpose for this position is that it allows the creation and development of two properties without first going through the proper subdivision application process, which would be inconsistent with current regulations and unfair to those property owners that follow the standard processes of the County.
To be clear, the Development Services Team acknowledges the applicants accomplishment in re-assembling all of the illegally created parcels so that applications for future development of the property can be planned and constructed. Furthermore, prior to the bank illegally subdividing the property into six parcels, development of the site as a single principal building was possible. The Development Services Team would agree that allowing a Minor Land Division to create one lot, subject to Site Plan Review, and another lot for development by Planned Development and Planned Land Division would be appropriate, as it achieves nothing more or less that originally allowed.
Staff finds that the subject Pheasant Run appeal would create an increase to the overall density/intensity of the allowed use of the property without the required public review through the Planned Development (rezoning) and Planned Land Division (subdivision) processes. Therefore; the Development Services Team recommends that the Board of County Commissioners deny the Pheasant Run Appeal as proposed.
Mr. Lafferty presented a brief description of the project as outlined above. He noted that the proper procedure would be for the applicant to consolidate the property back into one lot, and then go through the subdivision process.
James Smith, applicant, addressed the Board and introduced his attorney, David Wyatt, and his engineer, Kevin Forbes. Mr. Wyatt explained the history of the property and noted that all outstanding issues pertaining to flood plain designations, location of utilities and access will be addressed whether they create the legal lots by use of a Boundary Line Adjustment (BLA) and Site Plan Review, or by utilizing the subdivision process. Mr. Wyatt stated that the applicant wishes to use the BLA and Site Plan Review process as it is less expensive and more expedient. Mr. Forbes explained that utilizing the BLA to divide the parcel in two would address the utilities and access issues. Commissioner Wagner asked if the applicant has consulted with the City of Fort Collins to consider how this development might fit in with the East Mulberry Corridor Plan. Mr. Forbes replied in the affirmative, noting that the project supports the East Mulberry Corridor Plan, especially given the fact that Weicker Drive will connect back around to the Frontage Road alongside Mulberry Street.
Chair Rennels opened up the hearing for public comment. No one addressed the Board with public comment on this item.
Commissioner Gibson stated that it seems like a good project that fits well with the area, and will also rectify the illegal lots issue. Mr. Lafferty explained that utilizing the BLA process will not work for this project as it is not simply adjusting boundaries. Mr. Lafferty stated that the Planning Department would be willing to allow the applicant to utilize the Minor Land Division (MLD) process, which would allow them to place a structure on each parcel; however, if either parcel were to further subdivide, then the applicant would need to utilize the subdivision process. Discussion ensued regarding the time frame and costs between the BLA and MLD processes. Mr. Lafferty stated that the time difference is negligible, and the cost difference is approximately $300.00.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the Pheasant Run Appeal (File #05-G0085) and allow the applicant to utilize the Minor Land Division Process to change the status of six illegal lots into two legal lots. If either parcel is ever further divided, then the applicant will need to utilize the full Land Division Process. In addition, the Planned Unit Development Master Plan, as it applies to this property, is hereby revoked.
Motion carried 3-0.
7. GROSS CODE VIOLATIONS - #02-BV0398 AND #03-ZV0121: The violations include two properties located at 10001 and 10002 Hummingbird Lane, owned by Fred and Steve Gross. The property owners are in violation of the following County regulations:
Section 105.1 (International Residential Code): “Any owner . . . who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure . . . or to cause any such work to be done, shall first make application to the building official and obtain the required permit.”
Section 4.2.2D (Land Use Code) (Floodway District): (2)(b) “No storage of materials or equipment is allowed; (3)(b) Structures: (1) Structures must not be designed for human habitation; (2) Structures must be constructed so the longitudinal axis of the structure is parallel to the direction of the flood flow.”
Section 60.3(d)(3) (National Flood Insurance Program): [Larimer County] shall “prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated . . . that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.”
Section 21.B (Land Use Code): “It is unlawful to . . . erect, construct, reconstruct, remodel or improve any building or structure; or to alter or change the use of any real property or the improvements thereon without first obtaining all approvals required under this code and a building permit as required by the Building Code adopted by the county commissioners.”
Section 3.1 (Individual Sewage Disposal System): “The owner of any structure where people live, work, or congregate shall insure that the structure contains adequate, convenient, sanitary toilet and sewage disposal systems in good working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground or into Waters of the State, unless the sewage or effluent meets the minimum requirements of this regulation and the water quality standards of the Colorado Water Quality Control Commission, whichever are applicable.”
Staff could locate no building permits for structures located at 10002 Hummingbird Lane, Loveland, Colorado. The property is located in the floodway of the Big Thompson floodplain and no septic permit can be located for a sewage disposal system located at 10001 Hummingbird Lane, Loveland, Colorado.
The two parcels are the subject of an earlier Court Order obtained by the County against former owners Lesher and Cross. Lesher and Cross were foreclosed on by the current owners, Fred and Steve Gross, who took back a mortgage when they originally sold the property to Lesher/Cross in 2001. The current owners live in South Dakota. After the foreclosure action, the current owners obtained access to the property in May 2005. These properties have also been the subject of several complaints regarding junk, debris and illegal dwellings filed by adjacent property owners since 1998. Complaints involve both the current and former property owners.
An on-site inspection was conducted on May 16, 2005, by Rich Grossmann with the Larimer County Environmental Health Department, and Candace Phippen, Building Code Enforcement Officer. Customer Service Advocate Naomi O’Connor was also in attendance during the on-site inspection. Mr. Grossmann found several health-related problems present at the site. He found the subject properties provided an attractive source of food and shelter for rodents and insects; the properties were a source of filth and posed potential sickness to the other residents in the neighborhood; and assorted containers of unknown chemicals were found throughout the property posing a public health threat to the neighborhood. Subsequent to the May 16, 2005 inspection, the owners cleaned up both properties to the satisfaction of Mr. Grossmann.
10001 Hummingbird Lane (Lot 1) contains a storage building/garage. The 1995 Assessor’s records document that the original structure was constructed in 1971 as a boat shed. From 1985 to 1990, the structure was converted to and used for a house without obtaining a building permit. From 1991 to 1995, the structure was used as a shop. In 1995, Assessor records document the structure contained electricity, a woodstove for heat, and at one time was on septic; however, in 1995 there was no plumbing or water supply to the structure.
In 1993, owner Steve Gross obtained Building Permit 93-L5876 for an addition to the existing garage to add a second floor for storage use only. During the inspection process under this permit, staff discovered the structure was being used as a dwelling. The owner removed the kitchen and electrical work and converted the building back to a garage with storage upstairs. Final inspection approval under Permit 93-L5876 was entered on October 3, 1994. The final inspection included approval of an unlisted woodstove, but did not include inspections for any other heat source or electrical work. The structure was approved to be used for storage with no habitable space. There is no record of inspection approval for the existing septic system on the property.
In 1998, a complaint was received that the upstairs to the garage was again being used as an apartment with a shop below. The structure was posted with a DO NOT OCCUPY notice, and Building Code Enforcement staff discussed allowed uses of the structure with the owner. At the time, Steve Gross owned the property.
In 2002, additional complaints were received regarding an illegal business, junk and debris. At the time, Lesher/Cross owned the property. The matter was investigated by staff and brought before the Board of County Commissioners on November 3, 2003, to authorize legal action. The Commissioners found violations existed and required compliance within 30 days of the hearing. The owners did not comply. A court action was subsequently commenced and a judgment was entered by the Court against owners Lesher/Cross on June 30, 2004. A contempt order and order to impose sentence was later entered by the Court against Lesher/Cross. In the meantime, the properties were the subject of a foreclosure action commenced by Mr. Gross.
The electrical wiring in the garage is sub-standard. There is a 5th wheel camper on the property. Pursuant to owner Steve Gross, the grey and black water from the 5th wheel drains to a permitted septic system, although staff has been unable to locate any septic permits of record. The owner understands the 5th wheel must be licensed and readily movable, and cannot be used for more than 180 days in any calendar year. The 5th wheel cannot be stored on the property after the 180 day period has expired. Abandoned vehicles, lawn mowers, tanks, chemicals and miscellaneous equipment, junk and debris on the property and inside the garage have been cleaned up by the current owners to the Health Department’s satisfaction.
Pursuant to owner Steve Gross, his father originally constructed a couple of sheds on Lot 2 (10002 Hummingbird Lane) in the mid-1970s for storage used when his father camped and fished on the property. The sheds were connected over the years but were never meant to be lived in. Former owners Lesher/Cross turned the structures into a full-time residence. Pursuant to adjacent property owners, Mr. Gross used the “sheds” as a dwelling over the years. Mr. Gross sold the property to Lesher/Cross as vacant land containing a 12x24 shed and a 10x16 shed. The “residence” was posted with a DO NOT OCCUPY notice on May 16, 2005, advising the owner that the structure could not be used or occupied. There is no septic permit of record for this parcel and all plumbing, heating/venting, and electrical work was installed without a permit. Garbage, junk and debris scattered inside the structure and throughout the property have been cleaned up by the current owners.
Staff findings are as follows:
Lot 1: The original storage building on Lot 1 is a legal, non-conforming structure for storage use only. However, the addition of electrical wiring was never permitted. Final inspection approval from the State Electrical Board must be obtained under a valid permit or the electrical work must be removed from the structure. Although the owner insists he obtained a valid permit and inspection approvals for the septic system on this parcel, Environmental Health Department staff could locate no record of a septic permit or inspections for the existing sewage disposal system on the property. The property is located very close to the Big Thompson River. If the existing sewage disposal system is not approved by the Environmental Health Department, it must be removed or dismantled as provided for by the Environmental Health Department. If the existing sewage disposal system is approved by the Environmental Health Department, no further action is necessary. No additional structures can be constructed on this parcel unless first approved by the Larimer County Engineering Department for structures placed in a flood fringe area and for setbacks from the Big Thompson River and property lines. The existing structure can be used as a private garage and/or for storage use only. The existing structure cannot be converted to a dwelling unless a septic system is approved for such use by the Environmental Health Department, and pre-approval is obtained from the Larimer County Engineering Department for uses of structures located in a flood fringe area.
Lot 2: Aerial photographs show no structures existed on this parcel in 1981. Staff could locate no County records granting a grandfathered status to existing storage buildings on the property. Staff could locate no building, electrical or septic permits of record for the structures on this parcel. It is staff’s opinion all structures on this parcel were constructed or moved onto the property some time after the 1981 aerial photograph was taken and after building permit requirements commenced in 1972. Building permits cannot be obtained for the existing structures or new structures as the property is located in a flood plain. Absent a variance from the Flood Plain Review Board, all structures on the property and all utilities to the structures must be removed. No structures can be constructed in the future unless approval is obtained from the Flood Plain Review Board. The only use allowed on this parcel is for private day or night camping.
Property owner Steve Gross does not agree with staff’s findings. Mr. Gross states a representative of the Larimer County Building Department inspected the structures on both parcels in the past and approved all existing structures. Mr. Gross also states a representative of the Larimer County Health Department inspected and approved the sewage disposal system on Lot 1 where the garage is located. Mr. Gross would like an opportunity to present facts and findings that support his position.
Staff recommends the Board of County Commissioners authorize legal action if compliance is not met within 60 days from the date of this hearing. Compliance will be met by completing the following actions:
1. Obtain a demolition permit for and remove all structures located on Lot 2 at 10002 Hummingbird Lane, Loveland, Colorado; cap off all utilities and remove or dismantle the existing septic system to the satisfaction of the Environmental Health Department. An on-site inspection will be conducted under the demolition permit to confirm all work has been completed. No other structures may be constructed on the property without first obtaining approval from the Flood Review Board and obtaining all required building permits and inspection approvals. The only allowed use of the property is for private day or night camping.
2. Obtain inspection approval from the State Electrical Board under a valid permit for all electrical work in the garage located on Lot 1 at 10001 Hummingbird Lane, Loveland, Colorado, or remove all electrical work from the garage; and obtain approval from the Environmental Health Department for the existing septic system on the property or, if approval cannot be obtained, remove or dismantle the septic system to the satisfaction of the Environmental Health Department. No other structures may be constructed on the property without first obtaining approval from the Flood Review Board and obtaining all required building permits and inspection approvals. The garage can be used for private garage and storage purposes only, and cannot be converted to a residence unless first approved by the Environmental Health Department for adequacy of a sewage disposal system, and the Larimer County Engineering Department for uses of structures in a flood fringe area.
Ms. Phippen briefly explained the violations as noted above. Mr. Ryan confirmed that the Environmental Health Department has no record of a permit being issued for a septic system. Mr. Ryan noted that there are sketch plans from 1992 which indicate that someone had at least attempted to diagram exactly where the septic system located and the approximate size of the tank and absorption area.
Steve Gross, property owner, stated that he was issued a permit for the septic system in the late 1980's, and was issued a permit for the electrical wiring in the downstairs area of the structure located at 10001 Hummingbird Lane. Mr. Gross explained that the paperwork confirming this ended up with his ex-wife, and he was unable to retrieve it after their divorce. Commissioner Wagner asked what Mr. Gross planned to do with the structures on the two properties. Mr. Gross stated that he lives in South Dakota and would prefer to sell the properties; however, to do so, he must first clear the existing violations. Chair Rennels asked what it would take to make the lots saleable. Ms. Phippen stated that the Flood Review Board (FRB) would need to determine which structures and portions of the land are actually in the floodway. Mr. Woodward explained that Lot 2 is completely within the flood plain, and that Lot 1 is located within the flood fringe area. Mr. Woodward further stated that any buildings to be placed within the boundaries of the properties would need to be approved by the FRB.
Chair Rennels opened up the hearing for public comment. No one addressed the Board with public comment on this item.
Ms. Phippen stated that the property owner has two options: either seek approval from the FRB, or remove all structures from Lot 2. Discussion ensued regarding how much it might cost and how long it might take to get approval from the FRB. Mr. Woodward stated that after the application is submitted, it could take a month or two for the FRB analysis, and the total cost could be upwards of $5,000 to $10,000. Mr. Gross stated that he would like more time to go to the FRB to see if he could save the structures.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners table the Gross Code Violations (File #02-BV0398 and File #03-ZV0121) for a period of six months.
Motion carried 3-0.
The hearing adjourned at 4:45 p.m.
Tuesday, OCTOber 25, 2005
(#115 & 116)
The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman. Chair Rennels presided, and Commissioners Gibson and Wagner were present. Also present were: Donna Hart, and Cheri Pineda, Commissioners’ Office; Rusty McDaniel, Mark Peterson, and Martina Wilkinson, Engineering Department; Marc Engemoen, Public Works Department; Dale Miller, Road and Bridge Department; Sean Wheeler, Planning Department; George Hass, Bill Ressue, and Linda Connors, County Attorney's Office; and Gael Cookman, Deputy Clerk.
1. PUBLIC COMMENT: Don and Margie Jensen gave a lengthy description of a neighborhood "feud" they have been involved with for a number of years. Mr. Jensen stated that they have been to court and judgments have been made in their favor; however, a Sheriff's Deputy is involved and now there is the potential that the Deputy may open up another lawsuit against the Jensen's for libel and slander. Mr. Hass stated that the Board has no authority to advise the Mr. and Mrs. Jensen on this issue. Chair Rennels stated that the Board will make sure that a copy of the tape from today's meeting will be forwarded to the Sheriff so he is aware of the conversations that took place during public comment.
Lorna Weaver addressed the Board with concerns regarding the road improvements in the area of Douglas Road, County Road 13, and Highway 1. Ms. Weaver presented photos depicting areas of concerns where no guardrails are installed, areas of erosion, and potential turn lane hazards. Mr. Engemoen stated that he would gladly meet at the locations described above with Ms. Weaver and other area residents in order to address their concerns.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 17, 2005:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of October 17, 2005, as amended.
Motion carried 3-0.
3. REVIEW THE SCHEDULE FOR THE WEEK OF OCTOBER 24, 2005: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for October 25, 2005:
10252005A001 HUMANE SOCIETY AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER COUNTY HUMANE SOCIETY
10252005D001 DEED OF DEDICATION BY DON FRANCISCO AND WENDY FRANCISCO OF SAID PROPERTY AS PUBLIC HIGHWAY
10252005R001 FINDINGS AND RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT IN RIVER GLEN SUBDIVISION, LOT 2, BLOCK 6
10252005R002 FINDINGS AND RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT ON LOT 9, SIGNET PUD SUBDIVISION
MISCELLANEOUS DOCUMENTS: Graybill Business Condominiums Plat.
LIQUOR LICENSES: The following licenses were approved and issued: Mexican Inn Hotel & Restaurant - Hotel & Restaurant - Loveland; Schrader Country Store #440 - 3.2% - Fort Collins. The following licenses were issued: US Bar and Grill - Hotel & Restaurant - Fort Collins (Duplicate License); American Legion Post #4 - 6% Special Events Permit - Fort Collins.
Motion carried 3-0.
5. RESOLUTION FOR "TASTINGS" APPLICATIONS AND PERMITS: Ms. Connors presented a resolution in response the Board's direction regarding a request from a liquor store owner to allow tastings of beer and wine on their liquor licensed premises. Discussion ensued regarding the fees involved with the initial application and renewal of the annual permit. The Board agreed to impose a $100 fee for each initial application and a renewal fee of $50 yearly thereafter.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the Resolution for Tastings Applications and Permits
Motion carried 3-0.
10252005R003 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR TASTINGS APPLICATIONS AND PERMITS
6. APPROVAL TO PROCESS A LOT SIZE VARIANCE FOR AN EXISTING MINOR RESIDENTIAL DEVELOPMENT (MRD): Mr. Wheeler explained that an MRD, which was approved in 1992, does not conform to the required lot size of 10 acres due to bad information that was in the file at the time. Mr. Wheeler stated that a lot size variance must be approved by the Board of County Commissioners in order to recognize it as a legal lot. Mr. Wheeler requested that the Board approve the request to pursue a lot size variance, and waive the fees for this application.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve of pursing a lot size variance for previously approved Virgil Peterson MRD, and to waive any fees associated with this application.
Motion carried 3-0.
7. EXCHANGE OF OWNERSHIP FOR ROAD MAINTENANCE AND RESPONSIBILITIES: Mr. Engemoen stated that the Colorado Department of Transportation (CDOT), the City of Fort Collins, Weld County, and Larimer County have been discussing the possibility of exchanging ownership and maintenance responsibilities for a number of roads in the various jurisdictions. Mr. Engemoen explained that it would make sense for Larimer County to accept ownership and maintenance responsibilities for the 1.41 mile segment of State Highway 66 near Estes Park, and the 2.99 mile segment of State Highway 56 located near Berthoud, as these are State Highways that really act as county roads. In exchange, CDOT would accept ownership and maintenance responsibilities for 3.17 miles of County Road 32, south of Fort Collins, as this County Road will almost certainly become a 6-lane Highway at some point, and the volume most certainly reflects that of a state highway versus a county road. Mr. Engemoen stated that there has been public process surrounding the possibility exchanging these roads, and the businesses along State Highway 66 would like to retain the reference to Highway 66. Mr. Engemoen noted that they could rename the road to meet these concerns. Finally, Mr. Engemoen requested the Board's approval on a letter of intent to exchange ownership and maintenance of these roads.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the letter to the Colorado Department of Transportation concerning an exchange of ownership and maintenance responsibilities for County Road 32 and State Highways 56 and 66.
Motion carried 3-0.
8. UPDATE OF THE CROSSROADS AREA TRANSPORTATION STUDY: Mr. Engemoen, Mr. Peterson, and Ms. Wilkinson updated the Board on the possibility of further improving the portion of County Road 5 from County Road 30 north to State Highway 392, due to the increased traffic volumes on this roadway. Mr. Engemoen proposed utilizing Ms. Wilkinson's expertise to complete a study and plan for the future of the roadways in this area, which would also include evaluating the possibly of relocating the Frontage Road. Commissioner Wagner asked who would be responsible for paying to relocate or realign the Frontage Road. Mr. Engemoen stated that it would be paid for by developers in the area. Mr. Engemoen requested the Board's endorsement to pursue a study of this nature, and the Board agreed to support this effort.
9. WORKSESSION: Mr. Engemoen explained that the City of Fort Collins will be annexing the Fossil Creek Open Space, and outlined four scenarios as to how this transition might be accomplished. Mr. Engemoen stated that he will be recommending that the City of Fort Collins take complete responsibility for maintenance and capital improvements of the property, once the annexation process is complete, which will take approximately four years. Mr. Engemoen further informed the Commissioners that the Open Lands Board may present a proposal to have Larimer County still be responsible to maintain this open space.
Mr. Gluckman presented a letter of support for the Preventive Health and Health Services Block Grant application for fiscal year 2005-2006 and requested the Board's approval of the same.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners authorize the Chair to sign the letter of support for the Preventive Health and Health Services Block Grant application.
Motion carried 3-0.
Mr. Gluckman explained that there are two vacancies on the Latino Task Force and asked for direction on how the Board wished to fill the vacancies. The Board stated that they would re-interview from the original list of applicants.
Mr. Gluckman asked if adding the upcoming worksessions to the Administrative Matters Agenda was acceptable as presented. The Board agreed that the format was acceptable, but suggested that the topic for the worksession be included whenever possible.
10. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week. Commissioner Wagner noted for the record that the Board collectively drafted the letter regarding Referenda C & D, rather than going through separate interviews with Deni LaRue as indicated during the previous Administrative Matters meeting.
11. LEGAL MATTERS: There were no Legal Matters to discuss.
The meeting adjourned at 11:25 a.m., with no further action taken.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk