MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, MARCH 6, 2006
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner. Chair Gibson presided and Commissioner Wagner was present. Also present were: Casey Stewart, Planning Department; Matt Johnson, Engineering Department; Doug Ryan, Environmental Health Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.
Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code. No one from the audience addressed the Board regarding these topics. Chair Gibson then explained that Items 1 and 2 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience. A member of the audience requested that Item 1, regarding the Louise Lane Right-of-Way Vacation, be removed from the Consent Agenda. Mr. Helmick stated that Item 2 should then also be removed, as both items are related.
1. LOUISE LANE RIGHT-OF-WAY VACATION - #05-S2528: This is a request to vacate a section of a 40-foot road right-of-way for Louise Lane lying east of the Jackson ditch to resolve a building encroachment. A separate application (#05-S2529) has been made to amend the plat subsequent to vacating the right-of-way. The portion of Louise Lane to be vacated lies on the east side of the Jackson ditch that borders the lots to the west. This portion of Louise Lane was platted as part of the Lawrence Heights Subdivision but was never constructed or used by any other lots. The lots that are on the west of the ditch use Louise Lane on that side.
Louise Lane to the west of the ditch will become a dead end access (for practical purposes, it was a dead end already because of the ditch). The length of this dead end access will be greater than 660 feet, which is established in Section 8.14.2.Q of the Land Use Code. The county engineering department and the Poudre Fire Authority have reviewed this resulting dead end access and have no objections to its creation by vacating the subject section of Louise Lane. Documentation was provided by the applicant confirming this.
Normally the right-of-way is divided up equally among the adjoining lots, however in this case the applicant owns the lots on either side of the right-of-way to be vacated. The Amended Plat for these lots (#05-S2529) will adjust the vacated property in such a manner as to correct nonconforming building setbacks. This will not result in an equal property distribution, but it best resolves the building encroachment problem.
There have been no objections to this proposal by surrounding neighbors. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: The Larimer County Department of Health and Environment; The Larimer County Engineering Department has no objections but will require construction of a common access to serve the properties on the east side of the Jackson ditch. A county road access permit must be obtained by the applicant prior to issuance of any building permits for the property. This requirement is reflected in a proposed condition below.
The Development Services Team recommends approval of the Louise Lane Right-of-Way Vacation request to vacate a section of the platted right-of-way for Louise Lane lying east of the Jackson ditch to resolve a building encroachment as outlined in the attached documentation and subject to the following condition:
1. Prior to issuance of any building permits for the subject, the owners shall obtain a county road access permit to construct the common access dedicated by the amended plat of Lots 7, 8, 9 Lawrence Heights Subdivision (Amended Plat File #05-S2529).
2. LAWRENCE HEIGHTS LOTS 7, 8 AND A PORTION OF LOT 9 AMENDED PLAT - #05-S2529: This is a request for an Amended Plat of a portion of Lots 7, 8 and 9 Lawrence Heights Subdivision to combine three lots into two. A separate application (#05-S2528) requests vacation of Louise Lane that separates Lots 7 and 9.
There have been no objections to this proposal by surrounding neighbors. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: The Larimer County Department of Health and Environment; The Land Surveyor of the Larimer County Engineering Department; The Larimer County Engineering Department Development Review Team.
This request to amend the plat to combine one lot with portions of two other lots, resulting in two lots will not adversely affect any neighboring properties or any County agency. The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.
The Development Services Team recommends approval of the Amended Plat of Lots 7, 8 and 9 of Lawrence Heights Subdivision request 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. The Final Plat shall be recorded by August 21, 2006, or this approval shall be null and void.
2. Technical corrections to the Amended Plat requested by the Larimer County Engineering Department shall be made prior to recordation of the plat.
Mr. Stewart briefly described the projects as outlined above, noting that he had not received objections from anyone prior to this afternoon. Jonathan Friedrich, representative for the applicant, stated that he had no comments other than to point out that Louise Lane has never been constructed all the way through to County Road 54G.
Chair Gibson opened up the hearing for public comment. Candice McMahan addressed the Board and explained that she and her husband own Lots 6 and 10 in the Lawrence Heights Subdivision. Mrs. McMahan stated that Lots 6 and 10, currently undeveloped, are adjacent to Lots 7, 8, and 9, and if the appeal to vacate Louise Lane is approved, then it would eliminate their access to County Road 54G and substantially lower their property values. Mrs. McMahan asked the Board to deny the appeal.
Discussion ensued regarding the access that is available to Lots 6 and 10. Mr. Helmick explained that the western portion of Louise Lane could provide access to Lots 6 and 10. Gary McMahan stated that if the eastern portion of Louise Lane is vacated, then it will result in a dead end road that is longer than 660 feet, which is not allowed under County regulations. Mr. Helmick explained that since the Lawrence Heights Subdivision is already in existence, the 660 foot regulation would not apply. Mr. Helmick stated that if Mr. McMahan applied for a building permit to construct a home on Lots 6 and 10, the Planning Department would not even consider the available access. Mr. McMahan asked if it would be legal for them to use the western portion of Louise Lane, including the bridge that has been constructed to cross over the Jackson ditch. Mr. Hass stated that Louise Lane is a public right-of-way; therefore, anyone can use this road, including the bridge, if the bridge in indeed constructed in the right-of-way. There was no further public comment.
Mr. Friedrich stated that there is an irrevocable access easement recorded in the County Clerk and Recorder's Office, which provides access for Lots 6 and 10. Chair Gibson stated that approving the appeal will assist in correcting the issue of structures being built in the right-of-way on Lots 7, 8, and 9. Chair Gibson noted that he was in favor of the appeal since Lots 6 and 10 can take access from the western portion of Louise Lane. Commissioner Wagner agreed.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the request to vacate a section of the platted right-of-way for Louise Lane lying east of the Jackson ditch to resolve a building encroachment as outlined above, and subject to the following condition: 1. Prior to issuance of any building permits for the subject property, the owners shall obtain a county road access permit to construct the common access dedicated by the Amended Plat of Lots 7, 8, and 9 in the Lawrence Heights Subdivision (Amended Plat File #05-S2529).
Motion carried 2-0.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the Amended Plat of Lots 7, 8, and 9 of Lawrence Heights Subdivision, 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. The Final Plat shall be recorded by August 21, 2006, or this approval shall be null and void. 2. The shared access agreement, prepared and submitted by the applicant, pertaining to the 40' x 40' access easement shall be recorded with the Amended Plat. 3. Technical corrections to the Amended Plat requested by the Larimer County Engineering Department shall be made prior to recordation of the plat.
Motion carried 2-0.
3. FRIEDRICH APPEAL - #05-G0097: This is a request to Appeal Section 4.8.9.A.1 of the Larimer County Land Use Code to expand a nonconforming dwelling by more than 25 percent. The proposed addition is 560 square feet; existing floor area is 700 square feet. This section of the Code limits addition size to not more than 25 percent of the square footage of the original building that legally existed on January 1, 2000, and not more than 1000 square feet.
The applicant proposes to construct an addition to his existing residence, which is currently approximately 57 feet from the center of County Road 54G right-of-way. This section of County Road 54G is classified as an arterial road, which requires a building setback of 160 feet from right-of-way center. The residence is non-conforming with respect to the required 160-foot setback from the road. According to the County Assessor records, the residence was constructed about 1950, prior to the road setback requirement. The owner wants to add on to the existing structure to the west (far side of the building from the road). The addition, including expanded living area and bedrooms, is greater than 25 percent (Existing = 700 square feet; addition = 560 square feet) of the floor area of the existing building. The proposed addition would be located 76 feet from the center of the road right-of-way.
· The County Engineering Department has no objections to this appeal.
· The Department of Health and Environment has no objections to the variance request but comments that existing septic system’s size and adequacy must be determined as part of the building permit process for the addition.
· Code Compliance Department found no land use or building code violations of record.
This request involves an addition to an existing single family dwelling that is nonconforming with respect to highway setback requirements. The addition will be to the rear of the house, approximately 76 feet from the center of the highway. No objections have been received from any surrounding property owners or interested county, state, or federal agencies. The addition would not subvert the purpose of the Code and will have little if any impact on the surrounding area.
The Development Services Team finds that the appeal meets the review criteria of Section 22.2.3, as outlined in the Land Use Code, and recommends approval of the Friedrich Appeal, subject to the following condition:
1. Prior to issuance of any building permits for the subject property, the owners shall obtain a county road access permit to construct the common access dedicated by the amended plat of Lots 7, 8, 9 Lawrence Heights Subdivision (Amended Plat File #05-S2529).
Mr. Stewart explained the appeal as outlined above. The applicant had no comment. Chair Gibson then opened up the hearing for public comment.
Evelyn King, Board of Adjustment member, addressed the Board and stated that she supports this appeal request. Ms. King further stated that she believes appeals of this nature should not have to come to the Board of County Commissioners, and this requirement should be eliminated from the County's Land Use Code altogether.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the Friedrich Appeal, subject to the condition outlined above.
Motion carried 2-0.
The hearing adjourned at 3:55 p.m.
TUESDAY, MARCH 7, 2006
The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster. Chair Gibson presided and Commissioner Wagner was present. Also present were: Neil Gluckman, Donna Hart and Deni LaRue, Commissioners’ Office; Al Kadera, Casey Stewart, and Samantha Mott, Planning Department; K-Lynn Cameron, Parks and Open Lands Department; and Gael Cookman, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 27, 2006:
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of February 27, 2006, as amended.
Motion carried 2-0.
3. REVIEW THE SCHEDULE FOR THE WEEK OF MARCH 13, 2006: 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 March 7, 2006:
PETITIONS FOR ABATEMENT: As recommended by the Assessor, the following Petitions for Abatement are approved: Fort Collins National Bank (2003 & 2004); and Donald Richmond.
03072006D001 DEED OF DEDICATION BY MARY ROSS QUAINTANCE TRUST FOR SAID PROPERTY AS A PUBLIC HIGHWAY
03072006R001 RESOLUTION RELEASING LOT SALE PROHIBITION ON LOTS 3 AND 4 OF THE REU RANCH II R.L.U.P - #03-S2084.
LIQUOR LICENSES: The following licenses were both approved and issued: White Buffalo - Tavern - Loveland; Genesis Entertainment Club Static - Tavern - Fort Collins; Horsetooth Market - 3.2% On/Off Premises - Fort Collins. The following licenses were issued: Poudre Spirits & Wine - Retail Liquor Store - Bellvue; Gateway Liquors - Retail Liquor Store - Loveland.
Motion carried 2-0.
5. ADOPTION OF COMMISSIONER WORKPLAN FOR 2006: Chair Gibson requested that this item be postponed until next week so that Commissioner Rennels could be present to comment on the proposed workplan. Commissioner Wagner was in agreement, but discussed portions of the document with Chair Gibson and Mr. Lancaster.
6. UPDATE OF 4-H BUILDING GROUND BREAKING: Ms. LaRue provided an update for the Board regarding the upcoming 4-H Building ground breaking ceremony. She explained that the entire community, especially youth, are invited to share in the celebration and breaking of a world record. The first 2,600 people in attendance will receive a commemorative shovel that will be used to help reach the goal to break the Guinness World Record for most shovels used at a groundbreaking. Chair Gibson asked if a representative from the Guinness Work Book would be on site to verify the event. Ms. LaRue stated that it would be very expensive to fly a representative here from England to witness the event; instead they will be video taping the event, and will submit supporting documentation as verification that the event occurred.
7. SEMI-ANNUAL CREDIT CARD REPORT WITH LIST: Mr. Lancaster explained that County policy requires a report to the commissioners each six months of credit card usage by county employees. He noted that there were no improper or questionable charges on this semi-annual report. Commissioner Wagner asked if Mr. Lancaster would circulate the purchasing card reports within the Commissioners' Office. Mr. Lancaster stated that he would be happy to circulate the reports.
8. SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (IGA) CONCERNING THE FOSSIL CREEK RESERVOIR AREA: Ms. Cameron explained that the City of Fort Collins and Larimer County signed an IGA in 2001 regarding cost sharing and responsibilities for the acquisition, ownership, improvement, and management of the Fossil Creek reservoir area properties. In 2003 the IGA was amended to update terms of acquisition and improvement of the properties. Ms. Cameron presented the second amendment to the IGA to designate Fort Collins as the managing entity with sole financial responsibility for costs and improvements beginning in the year 2010. Chair Gibson noted that the amended agreement states the City of Fort Collins will take over as the managing entity "in the event" that all properties are annexed into the City by January 1, 2010; he asked what happens if this property is not annexed by that time. Discussion ensued and Ms. Cameron explained that the City of Fort Collins fully intends to annex this property, and hopes to do so sooner that 2010. She offered to bring the amended agreement back to the Board along with a letter from the City stating their intent to annex this property and possibly a time line as well. The Board agreed to this suggestion.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners table the Second Amendment to the Intergovernmental Agreement concerning the Fossil Creek Reservoir Area until next Administrative Matters meeting, which will be held on Tuesday, March 14, 2006.
Motion carried 2-0.
9. LEGISLATIVE UPDATE: Mr. Gluckman and Ms. Cameron reviewed pending legislation with the Board regarding House Bill 06-1354 - Conservation Easement Tax Credit Program. Ms. Cameron explained the proposed legislation, noting that it replaces the current two-tiered structure with a single-rate structure, which allows up to 50 percent of the fair market value of the conservation easement that may be claimed as a state tax credit. Discussion ensued and the Board agreed to allow Ms. Cameron to be an advocate for the bill on behalf of Larimer County.
10. MEADOWLARK ASSISTED LIVING APPEAL: Mr. Stewart explained that the owner wants to operate a group home for the elderly/assisted living facility in the single family residence on the property. The Land Use Code requires that such a facility be owner-occupied or operated by a non-profit agency. This requirement reflected the state statute for group homes for the elderly. However, that requirement has been deleted from the state statute and the applicant is appealing the county’s requirement. The facility would not be owner-occupied and will be operated by a for-profit company. Mr. Stewart recommended not referring this item to the Planning Commission, as it does not involve County Master Plan issues, it does not present any significant policy issues, and it complies with anticipated changes to the Land Use Code to reflect the current state statutes.
Mark Korb, attorney for the Terry Shores Homeowners Association (HOA), explained that the HOA has filed a complaint, as the property owner is operating a commercial business within their residential neighborhood. Mr. Korb stated that the Board of County Commissioners cannot grant a Special Exception if the property involved is within a Growth Management Area (GMA); he noted that this property is within the City of Fort Collins GMA. Mr. Korb stated that this appeal is exactly the type of item that should be heard by the Planning Commission, and requested that the Board allow the Planning Commission to provide comments and input on this appeal.
Commissioner Wagner suggested the possibility of referring this to Code Enforcement to remedy the violation. Mr. Kadera stated that this would be a huge shift in philosophy, as for the past 30 years property owners have always been allowed to submit appeals to cure violations in Larimer County. Mr. Kadera stated that they will conduct a preliminary investigation regarding the violation, but will not pursue legal action to remedy the violation, as long as there is an appeal in process. Commissioner Wagner stated that she would like to see this item moved up in priority within the Planning Department.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners refer the Meadowlark Assisted Living Appeal to the Planning Commission for review and comments.
Motion carried 2-0.
11. WORKSESSION: There were no worksession items to discuss.
12. COMMISSIONER REPORTS: The Board discussed their attendance at events during the past week.
13. LEGAL MATTERS: There were no Legal Matters to discuss.
The meeting recessed at 11:00 a.m., with no further action taken.
LIQUOR LICENSE HEARING FOR
The Board of County Commissioners reconvened at 1:30 p.m. with Linda Connors, Assistant County Attorney. Chair Gibson presided and Commissioner Wagner was present. Also present were: Denise Ruybal, Clerk & Recorder Department; Jamie Layer, Court Reporter; and Gael Cookman, Deputy Clerk.
Ms. Connors explained the purpose of the hearing is to consider the application for a Beer and Wine Liquor License for Vern's Inc., dba Vern's Place, located at 4120 W County Road 54G, LaPorte, Colorado.
The applicant, Mr. Nicholas Lanteri, explained that he and his wife own the restaurant (Vern's Place), and he presented the following exhibits: Exhibit 1 - photos of notice posted on the premises informing the public of the pending application for a liquor license; and Exhibit 2 - the petitions of the surrounding neighborhood, which revealed no opposition to the proposed Beer and Wine License. Ms. Connors asked if Mr. Lanteri has familiarized himself with the liquor license laws of Colorado and how he intends to handle intoxicated patrons. Mr. Lanteri stated that he is in the process of familiarizing himself and his staff with the liquor license laws, and intends to have all of his staff attend Training for Intervention (TIPS) training.
For the record, Ms. Connors noted that there was no one present in opposition of this license. The Commissioners were in support of this application.
Commissioner Wagner moved that the Board of County Commissioners approve the application and authorize issuance of a Beer and Wine Liquor License for Vern's Inc., dba Vern's Place, located at 4120 W County Road 54G, LaPorte, Colorado.
Motion carried 2-0.
The hearing adjourned at 1:40 p.m.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk