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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 1, 2007

 

 

The Courthouse Offices were closed in observance of the New Year.

 

 

TUESDAY, JANUARY 2, 2007

 

 

ADMINISTRATIVE MATTERS

(# 1)

 

The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Attorney.  Commissioners Gibson, Wagner, and Rennels were present.  Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Charlie Johnson, Jerry White, and Kyle Arend, Engineering Department; George Hass, County Attorney; and Kristen Romary, Deputy Clerk. 

 

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

 

2.  BOARD REORGANIZATION FOR 2007:  Mr. Gluckman explained that in accordance with State Statute, the Board must appoint a Chair and Chair Pro-Tem, and designate a place where Board agendas will be posted for the public to review for the remainder of the year. 

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners appoint Karen Wagner as the Chair for 2007, and authorize her to buy and sell real estate upon approval of the Board. 

Motion carried 3-0.

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners appoint Kathay Rennels as the Chair Pro-Tem for 2007, and authorize her to buy and sell real estate in the absence of the Chair upon approval of the Board.

Motion carried 3-0.

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution designating the public place in which notice is posted for meetings of the Board of County Commissioners. 

Motion carried 3-0.

 

01022007R002           RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

 

 

3.  APPROVAL OF THE MINUTES FOR THE WEEKS OF DECEMBER 18, 2006, AND DECEMBER 25, 2006:

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of December 25, 2006.

Motion carried 3-0.

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of December 18, 2006.

Motion carried 3-0.

 

 

4.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 8, 2007The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart.

 

 

5.  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 January 2, 2007:

 

 

ABATEMENTS:  As recommended by the County Assessor, the following Petition for Abatement is approved: Ikon Office Solutions.

 

01022007A001           CONTRACT FOR PURCHASE OF WATER RIGHTS BY AND BETWEEN J.D. PADILLA AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY

 

01022007R001           RESOLUTION REGARDING DEPOSIT OF 2007 FUNDS BY COUNTY TREASURER

 

LIQUOR LICENSES:  The following liquor license was approved and issued:  Sylvan Dale Ranch – Hotel and Restaurant with optional premise – Loveland.  The following liquor license was issued:  Pot Belly Deli & Bar – Tavern – Red Feather Lakes.

 

Motion carried 3-0.

 

 

6.  DESIGNATION OF CCI STEERING COMMITTEE PROXIES:  Mr. Gluckman explained that CCI allows voting by proxy at steering committees provided that the Board of Commissioners officially designates a proxy.  To ensure that Larimer County has voting representation at meetings that are not attended by a Larimer County Commissioner, a staff representative can be appointed as a proxy.  Mr. Gluckman suggested that Kathy Snell be appointed as proxy to the Health and Human Services Steering Committee, and appoint Neil Gluckman to the Agriculture, General Government, Land Use, Public Lands, Taxation and Finance, and Transportation Steering Committees.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve designation of CCI Steering Committee proxies, as outlined above.

Motion carried 3-0.

 

 

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

 

 

8.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week. 

 

 

9.  LEGAL MATTERS:  Mr. Hass stated that the Board may want to go in the Executive Session regarding authorization for condemnation approval on three properties in northwest Fort Collins. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go in to Executive Session for the purpose of receiving legal advice on specific questions as outlined in 24-6-402-(4)(b) C.R.S.

Motion carried 3-0.

 

The Executive Session ended at 10:00 a.m., and the following action was taken.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution for eminent domain acquisition for property on north Taft Hill Road owned by Abbe M. and Frank J. Mazzuca.

Motion carried 3-0.

 

01022007R004           RESOLUTION REGARDING IMPROVEMENTS ON NORTH TAFT HILL ROAD AND WEST VINE DRIVE

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution for eminent domain acquisition for property on north Taft Hill Road owned by Zachery Seth Armstrong.

Motion carried 3-0.

 

01022007R005           RESOLUTION REGARDING IMPROVEMENTS ON NORTH TAFT HILL ROAD AND WEST VINE DRIVE

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution for eminent domain acquisition for property on north Taft Hill owned by Dean M. Arnold.

Motion carried 3-0.

 

01022007R003           RESOLUTION REGARDING IMPROVEMENTS ON NORTH TAFT HILL ROAD AND WEST VINE DRIVE

 

The meeting recessed at 10:05 a.m.

 

 

LAND USE HEARING

(# 1)

 

The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Wagner presided, and Commissioners Rennels and Gibson were present.  Also present were:  Sean Wheeler, and Samantha Mott, Planning Department; Matt Johnson, Engineering Department; Doug Ryan, Environmental Health Department; George Hass, County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Wagner 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. 

 

 

COUNTRY CANINE MINOR SPECIAL REVIEW - #06-Z1618:  Mr. Helmick explained that staff and the applicant have agreed to table this item today and address it at a later date.  He said that the applicant needs more time to appeal to the Land Use Code before this item is brought to the Board for a decision.  Mr. Helmick suggested that the Country Canine Minor Special Review be tabled to February 26, 2007, at 3:00 p.m.

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Country Canine Minor Special Review, #06-Z1618, to February 26, 2007, at 3:00 p.m.

Motion carried 3-0.

 

 

Chair Wagner then explained that Items 1 through 4 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience.

 

 

1.  BIG ELK MEADOWS LOTS 4 AND 5 AMENDED PLAT - #06-S2651:  This is a request for an Amended Plat of Lot 4 and a portion of Lot 5, Tract 2, of the Big Elk Meadows Subdivision to reconfigure the existing lot lines of two adjacent lots by combining the two lots into one lot.  Lot 5 was never legally split; therefore, this lot consolidation must go through the Amended Plat process and not the Lot Consolidation process.

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Addressing Coordinator; and the Larimer County Engineering Department.  Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat in his letter dated December 15, 2006.

 

The proposed plat amendment of Lot 4 and a portion of Lot 5, Tract 2, of the Big Elk Meadows Subdivision will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  Staff finds that this request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lot 4 and a Portion of Lot 5, Tract 2, Big Elk Meadows, 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 July 2, 2007, or this approval shall be null and void.
  2. 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, in his letter dated December 15, 2006.
  3. Standard language and format for the Certificate of Ownership and Dedication Statement must be used.

 

 

2.  GLACIER VIEW MEADOWS 12TH FILING LOTS 211 AND 213 LOT CONSOLIDATION - #06-S2652:  This is a request for a Lot Consolidation to combine two contiguous lots into one lot in the Glacier View Meadows 12th Filing PUD.  If approved, the recording instrument will be a Findings and Resolution from the Board of County Commissioners.

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team; and the Larimer County Addressing Coordinator.

 

The proposed Glacier View Meadows 12th Filing PUD Lots 211 and 213 Lot Consolidation will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of Glacier View Meadows 12th Filing PUD Lots 211 and 213 Lot Consolidation, subject to the following conditions:

 

  1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by July 2, 2007, or this approval shall be null and void.
  2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

 

3.  CEDAR SPRINGS 2ND FILING LOTS 14 AND 15 LOT CONSOLIDATION/EASEMENT VACATION - #06-S2653:  This is a request for a Lot Consolidation to combine two contiguous lots and vacate a 10-foot utility easement located on the common lot line of lots 14 and 15 of Cedar Springs Subdivision 2nd Filing.  If approved, the recording instrument will be a Findings and Resolution from the Board of County Commissioners.

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team; and the Larimer County Addressing Coordinator.  Code Compliance Section has noted that Permit #03-B1076 for an addition/remodel to the existing residence has expired and the applicant still needs to provide the Health Department with a pump receipt.

 

The proposed Cedar Springs 2nd Filing Lots 14 and 15 Lot Consolidation and Easement Vacation will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Cedar Springs 2nd Filing Lots 14 and 15 Lot Consolidation and the vacation of the 10-foot utility easement located on the common lot line subject to the following conditions:

 

  1. All conditions of approval shall be met and the final Resolution of the County Commissioners recorded by July 2, 2007, or this approval shall be null and void.
  2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.
  3. The vacation of the utility easement and the consolidation of the lots shall be finalized at such time when the Findings and Resolution of the County Commissioners is recorded.
  4. The applicant must provide to the Larimer County Health and Environment Department a pump receipt for Permit #03-B1076.

 

 

4.  SLACK MINOR SPECIAL REVIEW AND APPEAL - #06-Z1616:  This is a request for a Minor Special Review for an artist studio in a detached accessory structure (existing barn) and appeals to limitations on the size of allowed signs and on the number of days the applicant can hold retail sales events in the detached structure.

 

The applicants seek Minor Special Review approval for the use of an existing barn as an artist studio and sales gallery.  The applicants are also appealing several of the Land Use Code requirements related to the use.  These are Section 4.3.10.B.1.f (maximum allowed sign size) and Section 4.3.10.B.1.h. (maximum retail sales event limitations).  After purchasing the property, the applicants refinished part of the barn and changed it into a shop area.  They use the area to produce pottery for sale at galleries, art fairs, etc.  Approval of this request would allow them to expand the home occupation in accordance with the current regulations.  It would also allow them to maximize their use of the existing barn for the business as permitted by the code, being 1200 square-feet.  Approval of the appeals would allow the applicant to have a 9.9 square-foot business sign at the peak of the barn, and a 16.9 square-foot sign below it to indicate the business is “open”.  The increase in retail sales days from 30 to 57 would allow the applicants greater flexibility in opening the gallery to the public during months when tourist traffic is at higher levels.  As a final note, while the barn has been built and is used for making pottery, the applicants have not commenced operation of the home occupation.

 

There have been no objections to the proposed Minor Special Review, or the appeals to the standards in Section 4.3.10 of the Land Use Code from staff members in the County Planning, Engineering and Health Departments.  The request is subject to all applicable fees, such as the Transportation Capital Expansion Fee, and permits that may be subject to the Building Requirement, which are standard for this type of use.  Staff referred the application to outside reviewing agencies including the Glacier View Meadows Homeowner’s Association.  The HOA did not comment on the request, and no agencies or individuals have contacted staff to voice concerns. 

 

The Land Use Code states that home occupations are allowed in all zone districts as a use by right, subject to certain limitations.  Home occupations are required to preserve the residential character of the area in which they are located, and thus certain limitations are placed on them.  Home occupations are further limited when they are located in detached structures, such as barns, in order to preserve the overall residential character of an area.  All applicants have a right to appeal the restrictions and present evidence why the appeal should be approved.  Staff has reviewed this request, and the appeals to the code requirements.  It is the conclusion of the Development Services Team that this use satisfies the requirements and intent of the Land Use Code for a home occupation.  Staff also supports approval of the applicant’s appeals by the Board of County Commissioners based on the assessment that such approval will not conflict with the requirements and intent of the Code.  Approval will allow the applicants the full use and benefit of the existing barn on their property for the home occupation.

 

The Development Services Team recommends:

 

A.   Approval of the appeal to Section 4.3.10.B.1.f to allow for a 9.9 square-foot business sign at the peak of the barn, and a 16.9 square-foot sign below it to indicate the business is open or closed to the public.

B.   Approval of the appeal to Section 4.3.10.B.1.h to allow the artist studio and gallery to operate for a total of 57 retail sales day in any single year.

C.   Approval of the Slack Minor Special Review (File #06-Z1616) subject to the following conditions:

a.   The site shall be developed consistent with the approved plan and with the information contained in the Slack Minor Special Review (File #06-Z1616), 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 Slack Minor Special Review.

b.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the County, the County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event where the County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the County including, but not limited to, reasonable attorney’s fees.  The County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

c.   The Findings and Resolution shall be a servitude running with the property.  Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

d.   The applicant shall obtain all outstanding building permits and inspections required for use of the barn as a commercial structure.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Items 1 through 4, as presented on the Consent Agenda and outlined above.

Motion carried 3-0.

 

The meeting ended at 3:07 p.m.

 

 

 

 

 

 

__________________________________________

KATHAY RENNELS, CHAIR PRO-TEM

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk

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