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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, APRIL 3, 2006

 

LAND USE HEARING

(#41)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were:  David Karan, Al Kadera, and Matt Lafferty, Planning Department; Traci Downs, and Matt Johnson, Engineering Department; Doug Ryan, Environmental Health Department; Wendy Dionigi, and Candice Phippen, Building Department; Jeannine Haag, Assistant 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 explained that Item 1, pertaining to the Kromer Zoning Violation, is being removed at Staff's request.  Chair Gibson then noted that Item 2, regarding the Morrill Subdivision Lot 7A Easement Vacation, is being tabled to May 15, 2006, at the applicant's request. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners table the Morrill Subdivision Lot 7A Easement Vacation, File #06-S2536, to May 15, 2006, at 3:00 p.m.

 

Motion carried 3-0.

 

Chair Gibson explained that Items 3 and 4 are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

3.  HIGHLAND PLACE LOT 3 AND A PORTION OF TRACT 37 AMENDED PLAT - #06-S2541:  This is a request for an Amended Plat to adjust the property line between Lot 3, as amended, and Tract 32, as amended, of the Highland Place Subdivision.  According to the information submitted with the application, the easternmost property will gain one-half acre of property, which will be used for pasture.  The Highland Place Subdivision was recorded in 1905 and since the inception of the original plat nearly all of the original tracts have been re-platted or amended. 

The submittal materials for the subject Amended Plat application have been referred to and reviewed by the appropriate agencies and departments, which resulted in only minor technical issues from Dale Greer, Surveyor for the County Engineering Department.

The Development Services Team recommends approval of the Amended Plat of Lot 3, of the Replat of Lot 1, of the Replat of Tract 36-A, of the Amended Plat of Highland Place Tracts 35, 36 and the south portion of Tract 32, and a portion of Tract 37 of the Highland Place 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.   All conditions of approval shall be met and the Final Plat recorded by October 1, 2006, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

4.  LOST BROOK SUBDIVISION LOTS 1, 2, AND 7 AMENDED PLAT/APPEAL - #06-S2541:  The applicant requests an amendment of the Lost Brook subdivision, Lots 1 and 2. The purpose of this Amended Plat is to adjust the boundary line making Lot 1A smaller (2.95 acres) and Lot 2A larger (6.05 acres).  The proposed size of Lot 1A is less than the 5.0 acre minimum lot size in the applicable zone district (FO-Forestry).  Consequently, a concurrent appeal to the minimum lot size (LCLUC, Section 4.1.3.B.2.a) is included. 

The applicant indicates the covenants for the Lost Brook Subdivision contains the provision that, “No lot shall be re-subdivided into smaller lots or building sites, or conveyed or encumbered in any less than the full dimensions as shown upon the recorded Plat of the subdivision."  The applicant sent inquiries to all members of the homeowners association.  Two responses were received, both supporting this appeal.  The applicant states that they took this approach because the HOA is inactive.

Given the existing access easement and topographic conditions, the County Engineering Department recommends the plat contain a note prohibiting additional access from Lost Brook Drive.  The County Health Department has no concerns about the proposed 2.97 acres suitability for a septic system.  Consequently, Staff supports this appeal of the 5 acre minimum lot size.

The Development Services Team recommends approval of the Appeal to Larimer County Land Use Code Section 4.1.3.B.2.a., and approval of the Amended Lost Brook Subdivision Lots 1 and 2 Plat, 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.   If any Qwest facilities have to be moved because of the property line change, all costs will be the responsibility of the property owner(s).

2.   All conditions of approval shall be met and the Final Plat recorded by October 1, 2006, or this approval shall be null and void.

3.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department. 

4.   The new lots created by this action are subject to the same restrictions, covenants, and regulations as set forth on the recorded plat of the Lost Brook Subdivision, Lots 1 and 2.

5.   Prior to the recordation of the Final Plat the applicant shall name the street as discussed in Katherine Huber’s February 24, 2006 e-mail and change the plat accordingly. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve Items 3 and 4, as listed on the consent again and outlined above.

Motion carried 3-0.

 

5.  SAUER ZONING VIOLATION - #05-ZV0078:   This is an alleged violation of Section 18.3.5.C of the Larimer County Land Use Code, which limits the use of a recreational vehicle (RV) to 180 days in any 12-month period. 

 

The property owners have been living in and occupying an RV on the subject property in excess of two years without a permit and without a sewage disposal system approved by the Larimer County Department of Health & Environment.

 

Several written complaints from adjacent property owners dated May 31, June 4, July 8, August 15, and September 11 and 30, 2005 were received by Code Compliance staff regarding the property owners living in an RV on the property for approximately two years without an approved sewage disposal system, together with the accumulation of trash, garbage, junk and debris on the property.  In 2005, the property owners made significant progress towards cleaning up the junk and debris from the property; however, to date, the owners have not resolved the issue of living in an RV in excess of 180 days without a proper sewage disposal system and approval from the County.

The owners state they intend to obtain a valid building permit for a single-family residence on the property.  The Larimer County Land Use Code allows the use of an RV during the construction of a single-family home pursuant to certain conditions set out in Section 18.3.5.B, as follows:

18.3.5.B. Temporary dwelling during construction:  A recreational vehicle may be located as a temporary dwelling during the construction of a single-family dwelling on the same lot or parcel subject to the following conditions:

 

1.   A valid building permit for the permanent residence on the site must be in effect during the entire time that the RV is located on the site;

2.   The property owner obtains a Larimer County Private Site RV permit from the Larimer County Building Department;

3.   The RV is connected to the sewage disposal system that will serve the single-family dwelling, unless other arrangements have been approved by the County Health Department; and

4.   In the wildfire hazard area, the RV will be located at least 20 feet from continuous vegetation.

On January 5, 2006, Al Kadera sent the owners a letter asking for confirmation on or before February 1, 2006, that they would be in a position to obtain a building permit by May 15, 2006.  The owners were advised a hearing would be scheduled if confirmation was not received within the time allowed. This hearing was scheduled when the owners did not respond by February 1, 2006.  The owners later provided a letter dated February 24, 2006, stating their intention was to obtain a valid building permit for a single-family home on or before May 15, 2006.

Staff wishes to point out that “obtaining” a valid building permit does not mean merely submitting an application for the permit.  The owners need to submit a full and complete building permit application for the single-family home, together with all required building and plot plans, at least three weeks prior to May 15, 2006, to allow sufficient time for review of the plans, for all fees owing under the permit to be paid, and for the permit to be issued by May 15, 2006.  When the property owners submit a building permit application for the single-family home, they must also submit an application for a Private Site RV Permit from the Larimer County Building Department, which will require approval from the Larimer County Department of Health and Environment for connection to the sewage disposal system that will serve the single-family dwelling, or other arrangements approved by the County Health Department.

Staff recommends the Board of County Commissioners find that a violation exists and authorize legal action if the owners do not obtain a valid building permit for a single-family residence on or before May 15, 2006, and meet the conditions set out in Larimer County Land Use Code Section 18.3.5.B for temporary dwellings used during construction. 

Ms. Dionigi explained the alleged violation as outlined above. Mr. Ryan confirmed that the property owners are living in the RV and have applied for a permit for a temporary vault to meet their sewage disposal needs.  Discussion ensued regarding how long the property owners had to complete construction of their home.  Mr. Kadera stated that they would have 18 months from the time the initial permit is issued; however, the permit could be extended an additional 18 months, so it is possible they could have up to three years to construct the home.

Mrs. Sauer and her son, Charles Sauer, addressed the Board.  Mrs. Sauer stated that they were unaware that they were breaking regulations by living in their RV for an extended period of time.  Mrs. Sauer noted that when she checked with Larimer County there were no restrictions, but apparently she checked just prior to the code changes.  Mrs. Sauer explained that they are preparing to build a home on the property; however, due to the complexity of their project, they will be unable to meet staff's recommendation of compliance by May 15, 2006.  Mrs. Sauer requested the Board give them until August 1, 2006, to do so. 

Niccolo Casewit, Architect with Environmental Productions, stated that the Sauer's project is very unique and complex, and their goal is to develop a 15-year plan that will incorporate construction of the home, placement of out-buildings, and landscaping.  Mr. Casewit explained that it will be a state-of-the-art home, which will be located inconspicuously on the property, and will utilize energy efficient methods for heating and cooling.

Chair Gibson opened up the hearing for public comment and Stephanie Williams, adjoining neighbor, addressed the Board.  Ms. Williams stated that the property owners have been living in the RV for two years without a permit, the property is an eyesore, and she is concerned with how this might have affected their groundwater.  Ms. Williams stated that the Sauer's are basically just "camping" without having to pay property taxes.  Ms. Williams then presented the Board with written statements from three other neighbors who are in opposition to the Sauer's living in their RV. 

There was no further public comment.

Mrs. Sauer reiterated that she did try to make sure they were in compliance, and have responded in a timely manner to every contact made by Larimer County.  She stated that they are trying to be responsible neighbors; they have cleaned up the debris, and they wish to place the home in an appropriate location.  Commissioner Wagner asked how many RV's are on the property.  Mrs. Sauer explained that there are two RV's placed next to each other in an L-shape; however, they are only living in one of them. 

At this time there was a request from the audience to re-open public comment.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners re-open public comment.

Motion carried 3-0.

 

Ms. Williams stated that the Sauer's have only recently cleaned up their property, and that for a long time items were scattered all over the property.  Ms. Williams noted that the adjoining neighbors have had to comply with the regulations; therefore, the Sauer's should have to as well.

Mary Hobert, adjoining neighbor, stated that up until three months ago the Sauer's property was in pretty bad shape.  Ms. Hobert noted that there needs to be a time limit on how long the Sauer's have to build their home. 

There was no further public comment.

Mr. Sauer stated that they never intended to disrupt the neighbors.  He explained that they have stockpiled fencing material and other items that will be needed for construction purposes; however, they did not consider how it was affecting their neighbors, and have since tried to clean it up. 

Mr. Ryan explained that although they have issued a permit for a vault, it has not been installed and he is unsure of how the Sauer's are disposing of their waste.  Mrs. Sauer explained that she does take the sewage to town and disposes of it at sanitation sites, and she has receipts to verify this.  Mrs. Sauer explained that they had not intended to install the vault until the outcome of this hearing was determined, since it would be impractical to install the vault if they were going to have to move the RV's. 

Chair Gibson asked if there were any concerns with the number of families living together on the property and in the RV.  Mr. Kadera explained that the regulations state they must all be related by blood, marriage or adoption, and although the Sauer's have three generations living together, they are just one family.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners find the owners will be in violation of Section 18.3.5 of the Larimer County Land Use Code by virtue of living in and occupying a recreational vehicle on the subject property in excess of 180 days.  If the owners do not comply with the Larimer County Land Use Code on or before August 1, 2006, by either obtaining a valid building permit for a single-family residence and a private site RV permit, or removing the RV from the property, then legal action is authorized to remove the RV from the property.

Motion carried 3-0.

The hearing adjourned at 4:00 p.m.

 

TUESDAY, APRIL 4, 2006

 

ADMINISTRATIVE MATTERS

(# 41 & 42)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster. Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were:  Neil Gluckman, and Deni LaRue, Commissioners’ Office; Ginny Riley, and Laura Sartor, Human Services Department; Matt Lafferty, Planning Department; Jim Reidhead, Rural Land Use Center; Traci Downs and Matt Johnson, Engineering Department;  and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   John Mathey and David Jessup addressed the Board in response to a citizen's comments made during a previous public comment session, which pertained to the Rural Land Use Center.  Mr. Mathey explained that he strongly supports the Rural Land Use Process; he noted that there is adequate public process in place, it does protect the land, and it allows ranchers and farmers to remain on their property and continue their business.  Mr. Mathey stated that there has been mention to "define" clustering, and stated that this could decrease the flexibility the Board has in approving Rural Land Use Plans.  Mr. Jessup agreed and explained that each piece of land is unique and must be looked at individually to cluster homes appropriately in order to protect wildlife, view sheds, etc.  Mr. Jessup asked the Board to maintain the Rural Land Use Process, otherwise, property owners will only have the 35-acre process or full blown subdivision process as options for development.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 27, 2006

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of March 27, 2006, as presented.

 

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF APRIL 10, 2006:  The Board reviewed the upcoming schedule.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 4, 2006:

 

04042006A001           LICENSE FOR MARINA OPERATIONS AT HORSETOOTH RESERVOIR BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WERTHWHILE ENTERPRISES, LLC

 

04042006A002           RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE POUDRE VALLEY RURAL ELECTRIC ASSOCIATION

 

04042006R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 1 OF TRACT B IN E.W. STEWART EXEMPTION

 

04042006R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 96 IN CLYDESDALE PARK P.U.D. 2ND FILING

 

MISCELLANEOUS:  Public Trustee Fourth Quarter Report and Annual Report for 2005.

 

LIQUOR LICENSES:  The following licenses were both approved and issued:  J.J's Country Corner - 3.2% - Fort Collins; The Baldpate Inn - Hotel and Restaurant - Estes Park; Glen Haven General Store - 3.2% - Glen Haven.

 

Motion carried 3-0.

 

5.   PROPOSAL TO INCREASE REIMBURSEMENT RATES TO LICENSED CHILD CARE CENTER PROVIDERS PARTICIPATING IN THE CHILD CARE ASSISTANCE PROGRAM (CCAP):  Ms. Riley explained that they have reviewed the CCAP provider rates in Larimer County and compared them to the market rate survey conducted in July 2005 by the State Department of Human Services Division of Child Care.  Ms. Riley stated that the rates for licensed child care homes and exempt day care providers (extended family members caring for the children) are appropriate; however, the CCAP rates for licensed child care centers are substantially below the market rate survey.  She presented an updated rate schedule and explained that the costs will be covered by transferring funds from the Human Services Department Temporary Assistance for Needy Families (TANF) allocation.   

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve reimbursement rates for Larimer County Department of Human Services in the amount of $236,062 for the period of July 1, 2006 through June 30, 2007.  This cost will be covered by transferring funds from the Department's TANF allocation.

 

Motion carried 3-0.

 

6.   ADOPTION OF REVISED POLICY GOVERNANCE MANUAL:  Mr. Lancaster requested approval on the revised Policy Governance Manual, noting there were several minor changes to fine tune the policy, but no substantial changes were made.  Mr. Lancaster recommended adopting the workplan on a bi-annual basis, rather than annually, in order to give staff the ability to consider the workplan goals and budget appropriately to meet those goals; however, the Board would still review the workplan on annually.    

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the revised Governing Policy Manual and incorporate the Board's 2006/2007 Workplan into the Governing Policy Manual.

 

Motion carried 3-0.

 

7.   LEGISLATIVE ISSUES:  Mr. Gluckman explained that the Cities of Loveland and Fort Collins have requested the Board to draft a letter opposing HB 1159 - regarding enclaves in the County.  Much discussion ensued.  The Board directed Mr. Lancaster to draft a letter stating the facts as to how this law, if passed, could impact Larimer County in terms of services provided and land use planning.

 

8.  WORKSESSION:   There were no worksession items to discuss.

 

9.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week.  

 

10.  LEGAL MATTERS:  There were no Legal Matters to discuss.

 

The meeting adjourned at 10:50 a.m.

 

 

 

    __________________________________________

                        GLENN W. GIBSON, CHAIR

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk 

 

 

 

 

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