MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, SePTEMBER 24, 2007
LIQUOR LICENSE HEARING FOR
The Board of County Commissioners met at 9:30 a.m. with Linda Connors, Assistant County Attorney. Chair Rennels presided and Commissioners Eubanks and Gibson were present. Also present were: Angela Myers and Christine Klinzmann, Clerk and Recorder's Office; Marti Frank, Court Reporter; and Gael Cookman, Deputy Clerk.
Ms. Connors reviewed the contents of the application, and then presented Exhibit A (photos of the posting of the premises), and Exhibit B, the petition demonstrating the needs and desires of the surrounding neighborhood. The applicant, Roy Holman, was sworn in and Ms. Connors asked Mr. Holman a series of questions regarding the posting of the premises and the circulation of the petition. Mr. Holman stated that the notice had been posted on his premises for almost 30 days. He also noted that there was no opposition from the surrounding neighbors to the granting of this liquor license. Ms. Connors questioned whether Mr. Holman was familiar with the liquor laws of Colorado. Mr. Holman stated that he also owns a 3.2% liquor licensed establishment, so he has prior experience, but agreed to attend, with his staff, the TIPS training offered by the Sheriff's Department. Ms. Connors noted for the record that there was no one in the audience to speak in opposition to granting this liquor license.
Commissioner Eubanks then clarified some of the details regarding the application itself
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the application and grant a Retail Liquor Store License, for Westlake Liquors located at 137 Dowdy Road, Red Feather Lakes, CO 80545.
Motion carried 3-0.
The meeting recessed at 9:40 a.m.
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner. Chair Rennels presided and Commissioners Eubanks and Gibson were present. Also present were: Traci Downs, Engineering; Sean Wheeler, Samantha Mott and Toby Leuter, Planning; Doug Ryan, Environmental Health; Jeanine Haag, Assistant County Attorney; and Angela Myers, 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 the following items are on consent and would not be discussed unless requested by the Board, staff or members of the audience:
1. POUDRE OVERLOOK, LOT 64 EASEMENT VACATION, FILE #07-S2721: This is a request for vacation of a portion of the five-foot utility easement along the south property boundary. The easement will be vacated in two areas: a 3-foot by 6.4-foot rectangle, and a 3-foot by 7.4-foot rectangle, as noted.
The application was forwarded to the appropriate departments and agencies for comment. The Code Compliance Section indicates that a full certificate of occupancy has been applied for on Lot 64 and that the certificate of occupancy cannot be issued until this request is approved. The rest of the responses from these groups indicate that there are no other issues of concern.
Additionally Qwest occupies the easement in question, and they indicate conflict with the request, per letter from Qwest dated August 24, 2007.
The Development Services Team recommends approval of the Poudre Overlook, Lot 64 Utility Easement Vacation – a request to vacate a portion of the 5-foot utility easement along the south property boundary.
2. GLACIER VIEW MEADOWS 8TH FILING LOTS 74 & 75 LOT CONSOLIDATION, FILE #07-S2719: This request is to combine two adjacent lots, Lots 74 and 75, into one lot in the Glacier View Meadows 8th Filing PUD.
The Code Compliance section of the Planning and Building Services Division indicates that the properties have expired permits and some permits require inspection. A use affidavit related to the uses and permits will need to be signed, permits will need to be finalized, and inspections will need to be completed to bring the property into compliance. For more detailed information please reference the letter dated September 5th from Candace Phippen, Code Compliance Supervisor.
No neighbors have voiced any objections to this proposal. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: Larimer County Addressing Section; Larimer County Assessor’s Office; Larimer County Engineering Department Development Review Services; Larimer County Department of Health and Environment.
For detailed comments from each department, please see the letters from each department dated August 24, August 22, August 27, and August 27, 2007 respectively. The Assessor’s letter provides the new legal description of the resultant lot. Staff referred the application to other internal and external reviewing agencies and the affected utility companies, no other comments were received.
The proposed Lot Consolidation of Glacier View Meadows 8th Filing PUD Lots 74 and 75 and easement vacation, will not adversely affect any neighboring properties or any County agency. The Lot Consolidation will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.
There are two expired permits for the existing garage and storage building. These permit concerns and any other concerns will need to be resolved prior to any future building permit applications. Compliance with these requirements is not intended to create an inconvenience for the applicant. However, the permit process exists to ensure that structures are built to the best possible standards to protect all who will live in and use them. The conditions of approval below address the building permit and inspection requirements.
The Development Services Team recommends approval of Lot Consolidation for Glacier View Meadows 8th Filing PUD Lots 74 and 75, subject to the following conditions:
1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by April 24, 2008, 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 owner is responsible for finalizing all building permits and inspections prior to the application of any new building permit.
4. Prior to recordation of the Findings and Resolution the applicant shall provide the Larimer County Planning Department with a signed and notarized Lien Holder Signature form.
5. The owner shall sign a Land Use and Building Codes Affidavit which will indicate that the finished garage on the property shall be accessory to the primary dwelling on the property and that it shall be for private, personal use only. It shall not be used for an accessory living area (second living quarters), home occupation, commercial or industrial uses unless and until proper county approval is granted for such uses.
3. RIVER GLEN REPLAT OF TRACT A, LOT 1 EASEMENT VACATION, FILE #07-S2718: This is a request for the vacation of a 30-foot utility easement along the north property line, excluding a 900-square-foot area of utility easement in the northwest corner of the property. The purpose of the easement vacation is to provide more useable building space.
This application was forwarded to the appropriate departments and agencies for comment. The responses from these groups indicate that there are no other issues of concern. Additionally the Poudre Valley REA and the Berthoud Community Sewer Department have verified that the easement is not currently used and no current service will be affected. Please see a fax from the Poudre Valley REA dated August 14, 2007 for further information.
The Development Services Team Recommends approval of the River Glen Replat of Tract A (File #99-S1465), Lot 1 Utility Easement Vacation – a request to vacate a 30-foot utility easement along the north property boundary, excluding a 900-square-foot area of utility easement in the northwest corner of the property.
4. LETITIA LAKES LOTS 9-15, BLOCK 3 AND LOT 12, BLOCK 4 AMENDED PLAT/EASEMENT VACATION, FILE #07-S2707: This request is for an Amended Plat in the Letitia Lake Subdivision in order to combine a portion of a metes and bounds parcel and seven platted lots: 10, 11, 12, 13, 14, 15, and a portion of Lot 9, Block 3, and Lot 12, Block 4, Letitia Lake Subdivision; to create a total of three lots. In order to expand the size of the proposed lots, an access easement will also be vacated.
No neighbors have voiced any objections to this proposal. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: Larimer County Department of Health and Environment; Larimer County Engineering Department Development Review Team. However, it was noted that all original lot lines that are being vacated need to be called out as such on the amended plat. This is with respect to the south lot line of Lots 12 and 13 and the north line of Lot 14.
In addition, Dale Greer, Land Surveyor of the Larimer County Engineering Department (refer to his letter dated August 29, 2007) identified several required corrections to the plat.
The proposed amendment to Lots 10, 11, 12, 13, 14, 15, and a portion of Lot 9, Block 3, and Lot 12, Block 4, Letitia Lake Subdivision – combining a total of eight lots and a portion of the Mary Quaintance Estate into three lots, and to vacate an access easement – 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 Lot 10, 11, 12, 13, 14, 15, and a portion of Lot 9, Block 3, and Lot 12, Block 4, Letitia Lake Subdivision – combining a total of eight lots and a portion of the Mary Quaintance Estate, into three lots, and the vacation of an access easement – subject to the following conditions and authorization for the chairman 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 March 24, 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.
3. Prior to the recordation of the Final Plat, the applicant shall make the following corrections to the plat:
i) All original lot lines that are being vacated need to be called out as such on the amended plat. This is with respect to the north and south lot line Lot 14, Block 3.
ii) Show all access easements on the plat, including the access easement that follows the lot line of Lots 10 and 13, Block 3.
4. The Final Plat shall be revised to include a signature block for all property owners and any lien holders. (Provide the Planning Department with an Ownership and Encumbrance for all affected lots.)
5. Prior to recordation of the Final Plat the applicant shall revise the subtitle to include the verbiage: “this includes lots in the Letitia Lake Subdivision and a portion of the NE ¼ previously unplatted”.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the consent agenda as outlined above.
Motion carried 3-0.
6. CLARK LEGAL LOT APPEAL, FILE #07-G0145: Rob Helmick explained that the applicant requested that the Board table this item until November 5, 2007, at 3:00 p.m.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners table the Clark Legal Lot Appeal until November 5, 2007, at 3:00 p.m.
Motion carried 3-0.
5. MARTIN MOINOR LAND DIVISION AND LOT SIZE APPEAL, FILE #07-S2713 AND 07-G0143: Mr. Wheeler explained that the applicant seeks approval for a Minor Land Division (MLD) on a 3.57 acre site. The subject property is located at the intersection on the west side of North Shields Street, south of Douglas Road and north of the Terry Lake Inlet, northwest of Fort Collins. There are two existing residential uses at the site. Each house has its own utility services and septic system(s), as described in the comments provided by the County Health Department. The houses were constructed in 1890 and 1994 (the 2nd home being approved by variance) and are thus pre-existing, non-conforming uses. Approval of this request will create lots that are both 1.79 acres in size. The minimum lot size required by the RE-Rural Estate zoning is 10-acres. Therefore, the applicant is also seeking approval of a concurrent Lot Size Variance to allow the land division. The applicant’s intent in pursuing the MLD is to create a separate plat of record for each dwelling.
Chair Rennels asked Mr. Ryan about the septic systems for these properties. Discussion ensued regarding the two separate septic systems, the current location of the leach field for Lot 1 on Lot 2, and the easement involved. Mr. Ryan explained that there is room on Lot 1 for the leach field to be relocated in the future, if the property owners so desire; however, the easement allowing the Lot 1 leach field to remain on Lot 2 is intended for perpetuity.
Chair Rennels asked Mr. Wheeler about the current ownership of these lots. Mr. Wheeler explained that both lots are currently owned by the same person. Brief discussion ensued regarding who built the existing structures and when they were built.
Planning Staff support the MLD and the appeal as meeting the requirements of the Land Use Code for both requests. There are no additional items of concern for Planning Staff.
The Engineering Department did note some minor technical items on the survey plat that need to be corrected before the plat can be recorded. They indicate that the private access easement should be widened to a total of 30 feet. Because the dwellings exist on site, the Capital Transportation Expansion Fee would not apply to this request. With the issues noted being addressed, the Engineering Department supports the request.
The Department of Health and Environment did not object to the request. Their primary concern is to ensure the subdivision will not impact water and sewer services for either dwelling. The Health Department acknowledged that each residence has water and its own on-site septic system. The primary concern for the Health Department is that the two septic systems are located on one of the two lots. The Health Department asked for an access easement for the septic leech field, which the applicant’s surveyor has shown on the proposed plat.
Staff finds that this project satisfies the requirements for a Minor Land Division and the lot size appeal. Both dwellings are legal as pre-existing, non-conforming uses. Each has its own utility services and septic system and there is an existing shared access to both lots. No adjoining property owners have contact staff to inquire about the request. Also, no other individuals or agencies contacted staff to object to the MLD and appeal requests. Based on this assessment, Staff supports approval of the Martin Minor Land Division and the appeal to the minimum lot size requirements.
With respect to the Minor Land Division, the Development Services Team finds:
1. The property is not part of an approved or recorded Subdivision plat, an Exemption or a Minor Residential Development approved under the previous Subdivision Resolution, or a Minor Land Division.
2. The proposed lots do not meet the minimum lot size required by the RE-Rural Estate zone district of 10 acres. However, approval of the appeal for a lot size variance will address this standard.
3. The newly created lots will meet the minimum access standards required by the County Engineer and the Engineering Department did not object to this request for access reasons.
5. Approval of the Minor Land Division will not result in impacts greater than those of existing uses.
Regarding the Appeal, the Development Services Team finds that the lot size being proposed is consistent with the pattern of existing lots in the neighborhood; the proposed lots will have sufficient area to support the intended use of the lot; there are physical features of the site or other special circumstances that support the proposed lot size; and granting the lot size appeal is consistent with the intent and purpose of this code.
The Development Services Team recommends approval of the appeal to 4.1.8.B.1.a of the Land Use Code that requires a 10-acre minimum lot size for residential uses in the RE Zone District, as contained in Planning File #07-G0143.
The Development Services Team recommends approval of the Martin Minor Land Division (File #07-S2713), subject to the following conditions, and authorization for the chairperson 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 November March 26, 2008 or this approval shall be null and void.
2. The applicant shall make the technical changes required by the Engineering Department on the Final Plat.
Chair Rennels requested comment from the applicant. Mr. Mike Lohr of Stewart & Associates, representative for the applicant, approached the Board and expressed agreement with the conditions of approval.
Chair Rennels opened the meeting for public comment. Seeing none, public comment was closed.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the appeal to Section 4.1.8.B.1.a of the Land Use Code that requires a 10-acre minimum lot size for residential uses in the RE-Rural Estate Zone District, and to allow two lots of 1.79 acres in size.
Motion carried 3-0.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the Martin Minor Land Division with Conditions 1 and 2 as recommended by staff.
Motion carried 3-0.
The meeting adjourned at 3:12 p.m.
THURSDAY, SEPTEMBER 27, 2007
The Board of County Commissioners met at 8:30 a.m. with Assistant County Manager Neil Gluckman. Chair Pro-tem Gibson presided and Commissioner Eubanks was present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; and Gael Cookman, Deputy Clerk.
1. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 17, 2007:
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of September 17, 2007, as presented.
Motion carried 2-0.
2. REVIEW THE SCHEDULE FOR THE WEEK OF OCTOBER 1, 2007: Ms. Hart reviewed the upcoming schedule with the Board.
3. CONSENT AGENDA:
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for September 27, 2007:
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following abatements are approved: Fort Collins Sleep Inn, Inc.; Criterion Group LLC/dba The Melting Pot.
MISCELLANEOUS: Findings and Order regarding application for Liquor License for North Shore RV & Store; Department of Human Services Payments for July 2007; Application for Federal Bridge Replacement Grant; City of Loveland Request to Reappoint Ray Miller to the Larimer Emergency Telephone Authority Board Beginning January 1, 2008 for a Two-Year Term.
LIQUOR LICENSES: The following liquor licenses were approved and issued: Charco Broiler Inc. - Hotel and Restaurant - Fort Collins; Mexican Inn - Hotel and Restaurant - Loveland.
Motion carried 2-0.
4. COMMISSIONER REPORTS: The Board reviewed their activities at events during the past week.
The meeting adjourned at 8:40 a.m., with no further action taken.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk
Angela Myers, Deputy Clerk