> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/03/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 3, 2009

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Eric Fried, Chad Gray, and Michael Whitley, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing 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.

 

1.         RAINBOW LAKE ESTATES (OUTLOT A) VIOLATION OF DEVELOPMENT AGREEMENT AND PLAT, FILE #09-G0171:  This violation of the Larimer County Land Use Code was caused by dividing a residual lot in a Conservation Development without county approval. The owner of the property is also in violation of the Larimer County Building Code for building structures on the parcel without obtaining a permit.

 

This issue came to the attention of the Planning and Code Compliance staff as a result of a complaint regarding a structure being built on Outlot A of Rainbow Lake Estates. Upon investigation of the complaint, it appeared that the outlot had been divided without county review or approval. When contacted by planning staff about this division, the developer, Steve Condor, initial owner of the outlot, indicated the problem would be resolved. 

 

According to the residual land plan, Outlot A may be privately owned but is subject to oversight and architectural review by the homeowners association. There are six lots in Rainbow Lake Estates, designed to allow up to two horses per lot, with access to jointly utilize a portion of the outlot for those horses. Shortly before this violation was initiated, Mr. Condor sold 80-acres of the outlot to Lucino Gomez Ortega, resulting in the illegal land division. Since that time, Mr. Condor sold the remaining 24-acres of Outlot A to Mr. Gomez Ortega; therefore, there is no longer a land division violation.

 

Resolution of the land division violation will allow Mr. Gomez Ortega to obtain all necessary building permits for the structures constructed on the outlot. Staff has spoken with Mr. Gomez Ortega to advise him of the steps that need to be taken to reach compliance with County regulations. After that conversation, this hearing was scheduled to address Mr. Gomez Ortega’s questions about allowed uses on the outlot and the role of the Rainbow Lake Estates Home Owners’ Association (HOA). 

 

Staff recommends that the Board of County Commissioners find a violation does exist, require compliance with Larimer County Land Use Code within 30-days of this hearing, and authorize legal action if that deadline is not met. The following items must be completed in order to reach compliance with the Larimer County Land Use Code: 

 

1.         Provide evidence to the Planning staff that the outlot has in fact been combined into a single ownership and parcel.

 

2.         All structures must be reviewed and permitted.

 

Chair Rennels opened the hearing to the land owner and Lucino Gomez Ortega addressed the Board. Chair Rennels asked Mr. Gomes Ortega if he was willing to apply for all of the necessary building permits and he answered yes.

 

Chair Rennels opened the hearing to public comment and Mike Pirkey addressed the Board. Mr. Pirkey, President of the Rainbow Lake Estates HOA, requested the Board and/or staff address questions regarding the ownership, maintenance, division, uses, activities, building, structures and water rights for Outlot A.

 

Eli Greenberg, Jody Brammer-Hoelter, Timothy Pariseau, Don Stachowiak, Lynn Teunissen, Jerry Vargas, and Richard Schenker, all landowners in Rainbow Lake Estates Subdivision, addressed the Board. All reiterated Mr. Pirkey’s questions and voiced their displeasure with Mr. Condor and his seemingly illegal sale of Outlot A.

 

Chair Rennels closed public comment and suggested the Board table the item to allow staff adequate time to research and clarify the problems that surround the outlot.

 

Ms. Haag stated that all development agreements issued by the county contain a supremacy clause in favor of the development agreement; therefore, the county attorneys do not read, interpret, or determine the legality of any covenants for any subdivision.

 

Commissioner Johnson stated that while the county may not interpret covenants, the development agreement for the Rainbow Lake Estates Subdivision refers to the covenants; therefore, he feels it is the county’s duty to address the questions raised by the aforementioned land owners.

 

Commissioner Donnelly agreed.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners table the Rainbow Lake Estates (Outlot A) Violation of Development Agreement and Plat, file #09-G0171, until 3:00 p.m. on September 8, 2009.

 

Motion carried 3-0.

 

2.         NOBILETTE COMBINED VIOLATION: This is a violation of Sections 4.1.2 (FA-1 Farming Zoning District) and 4.3.10 B (Home Occupation) of the Larimer County Land Use Code, in addition to Section 105 (Permits) of the 2006 International Residential Code adopted by Larimer County; by virtue of operating a bicycle manufacturing business in a detached garage in an FA-1 Zoning District. 

 

A business of this nature in the FA-1 zoning district requires approval prior to operation and, by virtue of converting the upper portion of the garage into a detached accessory living area without obtaining approval or a change of occupancy permit from the Larimer County Building Department. Depending on the size and operating characteristics of the home occupation, the bicycle manufacturing business could qualify as a use-by-right or a minor special review process. 

 

In 2005, Code Compliance staff received a referral from the Berthoud Fire Department about a fire that occurred in a detached building on the subject property resulting from activities associated with a business being run in the structure. Conversation with the property owner revealed he was operating an un-permitted custom bicycle design and repair shop out of the structure. 

 

Further research showed there is also an illegal apartment above the garage. The owners admitted their mother/mother-in-law was living in the apartment and agreed to vacate the use of the apartment until county approval was obtained for a detached accessory living area. In order to obtain approval for the detached accessory living area, the owners must submit an application for minor special review approval. Despite several attempts to assist the owners with this process, they have failed to file the application to date.

 

Recently, the owners have indicated that they do not want to submit land-use or permit applications to gain approval for the business or the apartment as they hope to sell the property soon.

 

Staff has many concerns in regards to the accessory living area, as the illegal conversion of the upper level of the garage creates risks and concerns that can adversely affect occupants, property owners, neighbors, and the public. Limitations on the number of dwellings allowed on properties were developed, in part, to ensure fair and equitable impacts on infrastructure, including water, sewage and roads. Health and safety risks for occupants include exposure to fire, explosion, unsanitary water, inadequate sewage disposal, improper electrical wiring, and improper installation of gas-fired appliances. Also, if a dwelling unit is not of record with the county, fire and emergency rescue personnel may not be able to respond in a timely fashion to emergency calls.

 

A life-safety inspection of the illegal apartment on July 15, 2009, revealed the following significant issues: lack of required drywall on the garage ceiling, beams and posts to protect the residential from the shop use, lack of smoke detectors and egress windows in the three bedrooms, and lack of a required fire door on the room where the furnace is located.

 

Staff recommends that the Board of County Commissioners find violations of the Larimer County Land Use and Building Codes exist, require compliance with county regulations within a time determined by the Commissioners, and authorize legal action if deadlines set by the Commissioners are not met.

 

Chair Rennels opened the hearing to the property owners and Mark Nobillette addressed the Board. Mr. Nobillette stated that he has been operating his bicycle business from home for 17-years without complaint. Mr. Nobillette also stated that his mother-in-law is still occupying the above garage apartment but they are in the process of relocating her to the main residence. Finally, he requested the Board table both violations for six months to allow his family to sell the property and relocate.

 

Chair Rennels asked staff if both violations could be addressed in one Minor Special Review application and staff assured her they could.

 

Chair Rennels opened the hearing to public comment and Kathleen O’Shaugnessy, adjacent property owner, addressed the Board. Ms. O’Shaugnessy stated that she was previously unaware of the business being operated from the Nobillette property and is in favor of it continuing to do so.

 

Mr. Lafferty explained to the Board that in order for the Nobillettes to avoid applying for a Minor Special Review, they could remove all items that make the apartment habitable. Rendering the structure inhabitable would allow the Nobillettes to come into compliance by simply obtaining a building permit.

 

Chair Rennels stated that if the Board does grant the Nobillettes six months to become compliant, the apartment must be made uninhabitable.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners find violations of the Larimer County Land Use and Building Codes exist, require compliance with county regulations within six months of this hearing, and authorize legal action if the deadlines below are not met:

 

1.         Business Use – The business use is allowed to continue during the compliance process at its current level of activity and the deadline to submit a complete Minor Special Review or Home Occupation Application to the Larimer County Planning Department is six months.  

 

2.         Illegal Apartment – The detached accessory living area use must be vacated immediately and all required inspection approvals must be obtained within thirty days of this hearing for an approved use of the space; or the living area must be rendered inhabitable and the owners must complete the necessary steps to obtain a building permit.

 

Motion carried 3-0.

 

At this time, Chair Rennels excused herself for the remainder of the hearing.

 

3.         KLEPPER ZONING VIOLATION:  The property owner is in violation of Section 4.1.2 (FA-1 Farming Zoning District) of the Larimer County Land Use Code by virtue of operating a commercial concrete and construction company from his home. The owner is also in violation of Section 4.3.10D & E (Accessory Uses and Structures) for storing a travel trailer owned by someone that does not occupy the property and using that semi-trailer for a storage building.

 

On February 20, 2009, code compliance staff received a complaint about K&D Concrete Construction Inc. conducting business from the subject property, in addition to drainage issues resulting from the construction of a new driveway. At the time, Duane Klepper, owner of the property, was in the process of constructing a new residence and now has a valid temporary certificate of occupancy good through August 15, 2009.

 

On June 2, 2009, staff took photos of the business operating from the property and contacted the Mr. Klepper to explain the Land Use Code. Staff also asked him if he would like to meet and discuss seekign possible approval for operating the business from his property.

 

On June 8, 2009, an additional complaint was received in regards to a travel trailer placed on the property that isn’t owned by the property owner. When contacted, Mr. Klepper stated he was partial owner of the travel trailer.

 

On June 23, 2009, Mr. Klepper met with planning staff to go over a Minor Special Review for a home occupation including the construction of a detached building from which the business would operate. To this date no application has been submitted.

 

Adjoining property owners have raised concerns about impacts on their quality of life from traffic, dust, noise, and visual impacts resulting from this business. The site is a residential lot, in a semi-rural area, and it is reasonable to assume that adjoining residential properties will not become commercial properties.

 

Staff recommends that the Board of County Commissioners find that violations of the Larimer County Land Use Code exists, require compliance with county regulations within a time determined by the Commissioners, and authorize legal action if deadlines set by the Commissioners are not met. 

 

Chair Pro-Tem Johnson opened the hearing to the property owner, Duane Klepper, who explained to the Board that his application for Minor Special Review has been completed and he has hosted the required neighborhood meetings. Mr. Klepper requested the Board allow him to operate his business from the property until he can become compliant. Mr. Klepper added that the trailer on the property is owned by his fiancé. 

 

Chair Pro-Tem Johnson opened the hearing to public comment. Mark Neitenbach and Ron Phetteplace, adjacent land owners, addressed the Board in support of Mr. Klepper’s business.

 

Malcolm Morison, adjacent land owner, addressed the Board in opposition to Mr. Klepper’s business and its current operation. Mr. Morison noted increased traffic, erosion of the private driveway he shares with Mr. Klepper, decreased driveway safety, obstruction of view corridors, and noise disturbance all resulting from the un-permitted business.

 

Chair Pro-Tem Johnson closed public comment and explained to Mr. Morison that today’s hearing was simply to determine if a violation had occurred, not to determine if Mr. Klepper’s business should be allowed to operate from the property. He encouraged Mr. Morison to attend Mr. Klepper’s Minor Special Review hearing when it is scheduled.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners find violations of the Larimer County Land Use Code exist, allow the business to continue (at its current level of activity) during the compliance process, and authorize legal action if the deadlines below are not met.

 

1.         The owner shall submit to the Planning Department a Minor Special Review application for a home occupation by September 1, 2009, and obtain approval for such application by December 1, 2009.

 

2.         The owner shall provide proof of ownership of the trailer on the property or have it removed by September 1, 2009.

 

3.         If a Minor Special Review application is approved for a detached building for the business use, the owner shall obtain all necessary building permits and complete construction of the building within three months of the Minor Special Review approval or remove all the outdoor storage associated with the business until the building is completed.

 

4.         The semi-trailer shall be removed from the property upon completion of a detached building for a home occupation, unless no application is filed, in which the owner shall remove the semi-trailer by September 1, 2009.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 5:00 p.m.

 

 

 

TUESDAY, AUGUST 4, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Deni LaRue, Commissioners’ Office; Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; Gary Buffington, Mark Caughlan, and Charlie Gindler, Department of Natural Resources; Candace Phippen, Planning Department; Kathryn Rowe, Purchasing Department; Linda Connors and Jeannine Haag, Assistant County Attorneys; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Scott Hayward and Alex Rachak addressed the Board to discuss the county’s 5% Local Preference pertaining to the bidding for county jobs. Mr. Hayward stated that his company placed a bid for the proposed Hermit Park pre-cast outhouses; however, the county hired an out-of-state company to complete the work. He explained that his bid was within 3% of the chosen company’s bid and would like to know why he was not chosen.

 

Mr. Buffington stated that by going with the out-of-state company, the Department of Natural Resources saved $3,500 and during the poor economic times, the department felt the savings were significant enough to award the job to the chosen company.

 

Mr. Gluckman clarified that while departments do have the option to choose a company that is local, as long as the local company’s bid is within 5% of the lowest bid, most departments choose to go with the lowest bid for a project, no matter what.

 

Commissioner Johnson stated that he supports the decision of the departments to contract with the lowest bidder due to budget constraints but he is interested in revisiting the concept of granting preference to local companies. Chair Rennels and Commissioner Donnelly agreed to further look into the questions raised by Mr. Hayward.

 

Paul Ehrlich addressed the Board in regards to trespassing issues he has experienced on his property, which is adjacent to the Big Thompson River. Mr. Ehrlich explained that many individuals who raft and tube on the river choose to exit the river via his property; and while he tries to be friendly and informative, some of the individuals are loud, rude, and combative. One such confrontation resulted in a physical altercation from which Mr. Ehrlich is still recovering. Mr. Ehrlich requested the county post signs along the river to notify individuals on rafts and tubes which properties are public.

 

Mr. Buffington noted that Mr. Ehrlich probably encounters more trespassers on his property because individuals that raft or tube that section of the river typically access the river via Namaqua Park and must exit near Mr. Ehrlich’s property to avoid hazards.

 

Commissioner Johnson stated that if the county is encouraging individuals to enter the river via Namaqua Park, then the county should be responsible for informing the individuals where they can safely exit the river.

 

Chair Rennels agreed, although she does not want this to set precedence for the rest of the county, she does feel the county should be responsible for posting the necessary information. Chair Rennels requested Mr. Buffington be tasked with finding the best solution to the problem and notify Mr. Ehrlich with his conclusion.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 27, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of July 27, 2009.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 10, 2009:   Mr. Gluckman reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda, as presented, for July 28, 2009.

 

ABATEMENTS:   As proposed by the County Assessor, the following Petition for Abatement was presented for approval:  Heart and Vascular Clinic.

 

08042009A001           NOTICE AND CONSENT FOR ASSIGNMENT OF LANDFILL GAS PURCHASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER ENERGY LLC, AND TIMERLINE ENERGY

 

08042009A002           ARCHITECT/ENGINEER SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WEMBER INC.

 

08042009A003           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SCHMIDT EARTH BUILDERS INC

 

08042009R001           RESOLUTION VACATING ACCESS EASEMENT – JASON D HANSON AND NICOLE R HANSON

 

08042009R002           FINDINGS AND RESOLUTION APPROVING THE CENTRO BUSINESS PARK REZONING

 

08042009R003           FINDINGS AND RESOLUTION APPROVING THE MIDORI PLANNED LAND DIVISION PRELIMINARY PLAT AND REZONING TO PLANNED DEVELOPMENT

 

08042009R004           RESOLUTION REGARDING EXTENSION OF APPROVAL – LOCKMAN MINOR LAND DIVISION

 

08042009R005           RESOLUTION REGARDING EXTENSION OF APPROVAL – FOX ACRES 2ND AND 3RD FILINGS, LOT 26

 

08042009R006           RESOLUTION REGARDING EXTENSION OF APPROVAL – SIERRA VISTA TERRACES LOTS 1&3

 

08042009R007           FINDINGS AND RESOLUTION APPROVING THE HUANG PLANNED DEVELOPMENT (LAND DIVISION PRELIMINARY PLAT AND REZONING TO PLANNED DEVELOPMENT) AND APPEAL

 

MISCELLANEOUS:   Appoint Martha Leadbitter to GID 11, Meadowdale Hills, completing the unexpired term of Melissa Morrison; Appoint Darlene Deichert to Juvenile Community Review Board completing the unexpired term of Ernie Portillos (representing the Department of Youth Corrections).

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Loveland Sertoma Club Inc. – Special Event 6% – Loveland; Sol’s Long Branch Saloon – Tavern – LaPorte.

 

Motion carried 3-0.

 

5.          BOARD OF EQUALIZATION REFEREE RECOMMENDATION APPROVAL: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners convene as the Board of Equalization.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the recommendations of the Board of Equalization Referees for July 28, 29, 30, 31, and August 3, 2009.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners adjourn meeting as the Board of Equalization and reconvene as Board of County Commissioners.

 

Motion carried 3-0.

 

6.         2010 U.S. CENSUS BUREAU PARTNERING PROCLAMATION:   Larry Mugler, Government Partnership Specialist with the U.S. Census Bureau addressed the Board of County Commissioners and requested their partnership to ensure a full and accurate population count in 2010. Mr. Mugler explained that the 2010 census questionnaire is the shortest in history, comprised of only ten questions, and should take residents approximately ten minutes to complete. After a brief overview of the census process, Mr. Mugler reminded the Board of the government allocated money that benefits the county and the fact that these monies are distributed based on the information collected via the census; therefore, collecting accurate date is in the best interest of the county.

 

Chair Rennels voiced her support for the census, the funds allocated based on census data, and the temporary jobs the census program will create within the county.

 

Mr. Mugler added that hiring will begin in November or December and openings will be posted on the U.S. Census Bureau’s website.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim a commitment to partnering with the U.S. Census Bureau to help ensure a full and accurate population count in 2010.

 

Motion carried 3-0.

 

7.         ASSISTANT COUNTY MANAGER WORKSESSION:   Mr. Gluckman had no items to discuss today.

 

8.         COMMISSIONER ACTIVITY REPORTS:  The Commissioners discussed events they attended during the previous week.

 

9.         LEGAL MATTERS:  Ms. Phippen addressed the Board to inform them that the county will begin legal action to remove buildings within a flood plane located at 6715 West Highway 34. It is policy that the county will pay for demolition of the buildings and expect repayment from the property owner; however, if the current property owner, Decision One Mortgage Company, does not reimburse the county for its expenses, a lien will be placed on the property.

 

Ms. Connors addressed the Board and requested they go into Executive Session for the purpose of receiving legal advice on specific legal questions.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into Executive Session in accordance with 24-4-402(4)(b) C.R.S. for the purpose of receiving legal advice on specific legal questions.

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 11:00 a.m. 

 

 

 

 

________________________________

                                    KATHAY C. RENNELS, CHAIR

BOARD OF COUNTYCOMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk