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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/17/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 17, 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; Dave Shirk, Estes Valley Planning Department; Eric Fried, Rob Helmick, Samantha Mott, Toby Stauffer, and Sean Wheeler, Planning Department; William Ressue, Assistant County Attorney; and Melissa Lohry, 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 the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         NORTH END RANCHES AMENDED PLAT:   This is a request to adjust the interior property line between two lots of record. The property totals approximately forty-eight acres and is zoned “RE-1” Rural Estate, which has a minimum lot size of 10-acres. The property owner desires to absorb the lower 1/3 of the northern lot into the southern lot prior to sale.  Adjustment of the property line will not create any non-conforming setbacks or lot sizes, and will not affect density. The properties are under a conservation easement held by the Estes Valley Land Trust, who has been notified of this proposal.

 

This proposal complies with applicable sections of the Estes Valley Development Code; therefore, staff recommends approval of the North End Ranches Amended Plat, subject to the following conditions:

 

1.    Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.”

 

2.    This proposal complies with applicable sections of the Estes Valley Development Code.

 

3.    This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.

 

4.    Within sixty (60) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording.  If the amended plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void.

 

2.         AMENDED UNDERHILL EXEMPTION TRACTS B, C, AND C-1 AMENDED PLAT, FILE #09-S2895: This is a request is to amend the plat of the Underhill Exemption to adjust lot lines of two lots and incorporate an illegally divided tract back into the two parcels.

 

The proposed plat amendment will not adversely affect any neighboring properties or any county agency, nor will the proposed amendments result in any additional lots. This request meets the requirements of the Larimer County Land Use Code; therefore, staff recommends approval of the Amended Plat of Tract B, Tract C, and Tract C-1 of the Amended Underhill Exemption, file #09-S2895, 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.    The final plat shall be recorded by February 17, 2010, or this approval shall be null and void.

 

2.    Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.    Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Larimer County Assessor.

 

3.         GROUSE HOLLOW LOTS 6-17, 20, 23, AND 36 AMENDED PLAT AND RIGHT-OF-WAY VACATION, FILE #09-S2896:  This is a request to amend the plat of Grouse Hollow Park to combine 17 lots into 8, remove illegally divided parcels, adjust lot lines to accommodate existing and proposed structures, vacate an unused right-of-way, and dedicate an access easement for an existing access.

 

The proposed plat amendment will not adversely affect any neighboring properties or any county agency nor will it result in any additional lots. Staff has found that the request meets the requirements of the Larimer County Land Use Code; therefore, staff recommends approval of the Amended Plat of Lots 6 through 17, 23, 36, & 37 of Grouse Hollow Park Subdivision and a right-of-way vacation of Grouse Hollow Lane, file #09-S2896, 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.    The final plat shall be recorded by February 17, 2010, or this approval shall be null and void.

 

2.    Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.    Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Larimer County Assessor.

 

4.         Prior to the recordation of the final plat, the applicant shall either move lot lines between Lot 1 and Lot 19 and between Lot 6 and Lot 7 to accommodate the existing buildings that are shown, the lines shall be placed to accommodate current setback; or the applicant shall place a note on the plat indicating that the buildings will be removed prior to issuance of any building permits on Lots 1, 19, 6, and 7.

 

4.         NEDRAH ACRES 2ND FILING, LOT 71 AND 72 AMENDED PLAT AND RIGHT-OF-WAY VACATION:  This is a request to vacate a portion of dedicated right-of-way at the south end of Lake View Drive (including a cul-de-sac). The portion to be vacated is between two residential properties in the Nedrah Acres 2nd Filing. Approval of the request will allow the applicant to build an additional 16-foot by 22-foot workshop on his lot so that the building meets setback requirements.

 

Approval of the amended plat will also correct a non-conforming setback for another existing structure. In 2005, the applicant applied for a building permit and was advised that the proposed building did not meet setback requirements. That structure was subsequently constructed without a building permit or the required inspections.  For this reason, staff also recommends a condition of approval to require that the applicant obtain a county building permit and inspections for the existing structure, prior to recordation of the amended plat.

 

The site is located at the intersection of Rainbow Drive and Lake View Drive, north of Fort Collins, in the Nedrah Acres 2nd Filing. The properties are residential and surrounded by other residential uses. The City of Fort Collins has indicated that they do want or recommend an extension of the cul-de-sac to the south; however, they did not provide comments in writing for this review. No other reviewing agencies or neighboring property owners have raised objections to this request.

 

Staff has concluded that the request satisfies the review criterion for both the Amended Plat and the right-of-way vacation. Approval of the request will not create any additional lots, and the size of the existing platted lots will increase. Approval will also eliminate existing conflicts with setbacks for a structure on Lot 1.

In addition, the resultant lots will not be divided by a municipal or county boundary line, road, alley, or another lot. Provided the recommended easement for drainage, utility, and pedestrian access is shown on the final plat, there are no adverse impacts in this regard. The applicant is advised that approval will not alter any covenants, deed restrictions, or other conditions that apply to the original lots. Finally, approval of the proposed right-of-way vacation will not leave any adjoining lots without an established access to a public road or private road. The right-of-way is also being divided equally between the lots on each side. Completion of the building permit and inspection process will also establish whether the building was constructed in a safe fashion.

 

Staff recommends approval of the Amended Plat for Nedrah Acres 2nd Filing, Lot 71 and Lot 72, file #09-S2887, 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 February 17, 2010, 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 and by the Larimer County Engineering Department.

 

3.    The applicant shall obtain a building permit and all required inspections for the existing structure on Lot 1 prior to final recording of the amended plat.

 

4.    The final plat shall include a 20-foot easement for drainage, utility, and pedestrian uses centered on the new common line between Lot 1 and Lot 2.

 

Staff also recommends approval of the right-of-way vacation for Lake View Drive, to include the cul-de-sac, between Lot 71 and Lot 72, Nedrah Acres 2nd  Amended Plat, file #09-S2887, subject to the following condition:

 

1.         The vacation of the right-of-way and the reconfiguration of the lots lines shall be finalized at such time when the final plat and Findings and Resolution of the County Commissioners are recorded.

 

Ms. Mott addressed the Board and stated that she had received mail in opposition to the easement vacation; however, all of the concerns raised by the public have been addressed by condition #4, listed above.

 

5.         PINEWOOD SPRINGS 5TH FILING, LOTS 108, 118, AND 121A AMENDED PLAT, FILE #09-S2897:  This is a request to amend the plat of Pinewood Springs 5th Filing to combine a metes and bounds parcel with three adjacent lots in the subdivision. The plat amendment will accommodate a future water supply reservoir for the Pinewood Springs area.

 

The proposed plat amendment will not adversely affect any neighboring properties or county agency nor will it result in any additional lots; therefore, staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of Lots 108, 118, 121 of Pinewood Springs 5th Filing, file # 09-S2897, 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.         The final plat shall be recorded by February 17, 2010, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor and the Larimer County Engineering Department.

 

3.         Prior to the recordation of the final plat, the applicant shall add a note to the plat indicating that the resultant lots will be subject to the same restrictions, covenants, and conditions as set forth in the plat of record for Pinewood Springs 5th Filing. 

 

4.         Prior to the recordation of the final plat, the applicant shall confirm with the Assessor’s office that the property owned by the Pinewood Springs Water District has been conveyed to the owners involved in this amended plat.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for August 17, 2009, as published above.

 

Motion carried 3-0.

 

6.         COUTNRY CLUB ESTATES 3RD FILING, LOT 95 AMENDED PLAT AND RIGHT-OF-WAY VACATION, FILE #09-S2898:   This is a request to amend the plat of Country Club Estates 3rd Filing to vacate a 20-foot portion of right-of-way known as Longview Drive, and combine the vacated portion with Lot 95.

 

Comments received from the Development Services Team of the Engineering Department indicate that 30-feet of right-of-way is necessary for access, maintenance, drainage, conveyance of utilities, and other purposes. If the applicant vacates 20-feet of right-of-way, 40-feet of right-of-way will remain. However, if the adjacent property owners would like to vacate a portion of right-of-way, they would only be allowed to vacate 10-feet in order to leave the required 30-feet of right-of-way intact. This would lead to inequity between the two properties; therefore, the Development Services Team has requested that the applicant vacate only 15-feet of right-of-way instead of the requested 20-feet.

 

During a review by the County Surveyor, it was discovered that the applicant’s fence lies within the county right-of-way. To align the vacation with the fence line, the county would need to vacate about 17-feet of the right-of-way, which, is staff’s recommendation to the Board.

 

Staff recommends approval of the Amended Plat of Lot 95 Country Club Estates 3rd Filing and a 17-foot right-of-way vacation of Longview Drive, file #09-S2898, 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.    The final plat shall be recorded by February 17, 2010, or this approval shall be null and void.

 

2.    Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.    Prior to the recordation of the final plat, the applicant shall revise the plat to show the 17-foot right-of-way vacation.

 

Chair Rennels opened the hearing to the applicant and Glenn Johnson addressed the Board. Mr. Johnson stated that he began this inquiry with a request to change the 20-foot variance so that he could build an addition to his garage. When he contacted staff about the variance, it was discovered that his fence and trees were in the county owned right-of-way; therefore, the request before the Board has been made in an attempt to rectify the encroachment.

 

Chair Rennels opened the hearing to public comment and Vern Sussett, Joe Schmid, and Linwood Carson, all adjacent land owners, addressed the Board in opposition to the applicant’s request.  All cited their frequent use and reliance upon the right-of-way to reach the rear portion of their properties.

 

Mandy Kotzman also addressed the Board to ask questions about adverse possession.

 

Commissioner Rennels closed public comment and reopened the hearing to the applicant. Mr. Johnson addressed the Board and stated that he would rather withdraw his request than upset his neighbors.

 

Chair Rennels stated that she was not in favor of approval as she feared granting one vacation would lead to another and in time, there would no longer be a right-of-way.

 

Commissioner Johnson agreed and stated he was in favor of granting a variance rather than the requested vacation.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the Amended Plat of Lot 95 Country Club Estates 3rd Filing and 17-foot right-of-way vacation of Longview Drive , file #09-S2898, in acknowledgement of the applicant’s wish to have the item withdrawn.

 

Motion carried 3-0.

 

7.         ISON SUBDIVISION PRELIMINARY PLAT, FILE #08-S2838:   This is a request for approval of a Subdivision Preliminary plat and an appeal to Section 8.14.2H of the Larimer County Land Use Code to allow for a lot which does not meet the depth to width ratio of the code.

 

This application was presented to the Larimer County Planning Commission at their hearing on July 15, 2009. The application was on the discussion agenda due to two issues; the request for a lot width to depth ratio appeal and the recommendations of the LaPorte Area Planning Advisory Committee (LAPAC). At the hearing, the Larimer County Planning Commission had significant discussion regarding the recommendation for denial of LAPAC, and concerns of a nearby land regarding access and the influence of the ditch on ground water levels. In a split-vote, the Larimer County Planning Commission recommended conditional approval of the subdivision and variance. 

 

Based upon recommendations of the planning commission, staff recommends the Ison Subdivision, file #08-S2838, be approved subject to the following conditions:

 

1.    The final plat shall be consistent with the approved preliminary plan and with the information contained in the Ison Subdivision Preliminary Plat except as modified by the conditions of approval or agreement between the county and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Ison Subdivision Preliminary Plat.

 

2.    The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and Dry Creek Drainage Basin drainage fees. The fee amount that is current at the time of building permit application shall apply. 

 

3.    Fire Requirements – All new structures intended for residential use and habitation shall be required to install and maintain residential fire sprinkler systems.   

 

4.    All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. The lowest habitable floor level shall not be less than 3-feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.    Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings, once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30-days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.    The final plat shall reflect and show the following Right of Way dedications: 20-feet of right-of-way along Taft Hill Road (County Road 19) and 5-feet of right-of-way along the north boundary for a possible extension of Ideal Drive. 

 

7.    The applicant and staff will work with the ditch owners to establish ditch restrictions with respect to operations and use at the time of final plat.

 

8.         No basements shall be allowed in this subdivision.

 

Commissioner Johnson asked Mr. Helmick what the Board was being asked to consider since the lot size variance had already been approved by the previous Board. Mr. Helmick stated that while the variance was approved, the subdivision of the lot had not been approved.

 

Chair Rennels opened the hearing to public comment and Jerry Robinson, engineer for the applicant, informed the Board that access to the lots would align with the entrance to the lot directly across Taft Hill Road. 

 

Susan Corder-Cotterner and Mandy Kotzman, members of LAPAC, addressed the Board in opposition to the requested subdivision. Both stated that LAPAC should have been allowed to review the variance before it was approved as the proposed subdivision does not fit with the LaPorte Area Plan.

 

Gordon Esplin, attorney representing the applicant, addressed the Board and stated that while the variance should have been presented to LAPAC, his client should not be punished for a lack of communication between the entities.

 

Chair Rennels closed public comment. 

 

Commissioner Johnson stated that the approval of the variance by the previous Board established an expectation of approval of the subdivision and, as the subdivision does not appear to be out of character with the surrounding neighborhood, he was in favor of approving the request.

 

Commissioner Donnelly agreed.

 

Chair Rennels stated that the request should have been reviewed by LAPAC.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Ison Subdivision; file #08-S2838, subject to the conditions as they appear above.

 

Motion carried 3-0.

 

8.         LAND USE CODE AMENDMENTS REGARDING SECTION 6.0 – SITE PLAN, FILE #09-CA0097:   This is a request to repeal and recreate Section 6.0 – Site Plan Review, of the Larimer County Land Use Code.

 

Staff presented the proposed amendments for the site plan review process to the Planning Commission on July 15, 2009.  The recommended changes were not discussed by the public and there were no issues raised by the Planning Commission, which, in turn, recommended approval of the changes as presented.

 

While not discussed at the Planning Commission Hearing, the Planning Department would like to make the changes effective on January 1, 2010, when scheduling for the next year is occurring. This additional time will allow the Planning Department to make computer changes regarding deadlines for submittals.

 

The proposed changes are as follows:

 

6.0.  SITE PLAN REVIEW

 

6.1.  PURPOSE

 

The purpose of site plan review is to ensure that plans for the development of multiple-family and nonresidential uses, excluding agricultural uses allowed by right, comply with all applicable requirements of this code and any other approvals imposed by the county commissioners, the board of adjustment, or floodplain review board.

 

6.2.  APPLICABILITY

 

A.   Site plan review and approval is required:

1.   Prior to the acceptance of any building permit application for:

a.       Multi-family or non-residential use;

b.    Any change of use (see definition in Section 0.1) of an existing       multi-family or non-residential structure or use, including the         conversion of any public use to a private use.

2.   Prior to the development of property for a nonresidential use that does not require a building permit.  Such as, but not limited to:

a.       Parking lots;

b.    Outdoor Storage;

c.       Outdoor Display and Sales;

d.    Accessory Outdoor Commercial Storage;

e.       Junkyards;

f.       Flea Markets.

 

B.   Site plan review is not required:

1.   For an approved development plan having the same detail as site plan review.

2.   For an agricultural use allowed by right.

 

C.   If the Planning Director determines that the review criteria for Site Plan Review have been met or can be satisfied through the building permit process for a development or change of use of a property, a building permit may be applied for without site plan review and approval.

 

6.3.  REVIEW CRITERIA

 

To approve a site plan application, the Planning Director must consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

 

A.   The site plan complies with all applicable requirements of this code and any applicable supplementary regulations; and

 

B.   The site plan complies with all conditions of approval imposed by the county commissioners, the board of adjustment or floodplain review board under another approval process authorized by this code.

 

6.4.  PROCESS

 

A.   Any application for Site Plan Review requires a pre-application conference pursuant to section 12 of this code.

 

B.   Site Plan Review commences when a complete site plan application is submitted. Site Plan applications may be reviewed concurrently with other land use applications, but can not be approved until all required land use applications have been approved.

 

C.   Upon receipt of a complete application, the planning director will refer the applicable application materials to all appropriate departments and agencies.

 

D.   Referral departments and agencies will have 28 days to review and provide written comments to the planning director. Referral departments and agencies may request additional review time in writing.

 

E.   Within 5 working days following the 28 day review period the planning director will provide a written determination stating that the site plan review application:

 

1.   Is approved, with or without conditions, and complies with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

 

2.   Requires modifications based upon the referral review, to be prepared by applicant for subsequent review to demonstrate compliance with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

 

3.   Is denied based upon an inability to comply with this code and any other approvals imposed by the county commissioners, the board of adjustment or floodplain review board.

 

The decision of the planning director can be appealed in writing to the county commissioners pursuant to section 22 (appeals) of this code.

 

F.   Upon the determination of the planning director that a site plan review application:

 

1.   Requires modifications, the applicant shall be required to make a revised submittal, for a subsequent review, that addresses the referral comments.  Prior to the revised submittal the applicant may request a meeting to discuss the referral comments.

 

2.   Is approved, the applicant shall provide final versions of the site plans and supporting documents (quantities to be determined) for approval signature by the planning director. The final site plan set and supporting documents for signature shall also include one of the following:

 

a.   An agreement (provided by the planning director) signed by the applicant indicating that the applicant is aware that all on-site and off-site improvements required for the development will need to be completed, inspected and approved prior to the issuance of a temporary certificate of occupancy or final certificate of occupancy. 

 

b.   A signed and executable development agreement and collateral pursuant to the requirements of section 12.6. (post approval requirements) of this code.

 

6.5.  ADDITIONAL APPROVAL REQUIREMENTS

 

A.   Upon approval of a site plan and prior to the commencement of construction, a development construction permit is required.

 

B.   Approval of a site plan does not relieve the applicant from complying with the building codes as adopted by the county or the building permit submittal requirements.

 

6.6.  MINOR DEVIATIONS

 

Technical, engineering or other considerations during construction or operation may necessitate minor deviations from the approved site plan. The planning director may approve minor deviations, in writing, if they comply with this code and the intent of the original site plan approval.

 

6.7.  AMENDMENTS

 

Changes to the approved site plan that the planning director determines not to be minor deviations require approval through the site plan approval process. This requires a new application and receives full review under the site plan approval process described above.

 

6.8.  VESTING

 

An approved site plan does not create a vested right. Approved Site Plans are effective for two years.  If a building permit and development construction permit are not issued within two years of the site plan approval, the site plan approval will automatically expire.

 

Chair Rennels noted that there was no public present to comment on this issue.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the amendments to the Larimer County Land Used Code, Section 6.0, file #09-CA0097, as they appear above.

 

Motion carried 3-0.

 

9.         COLLINS COMBINED ZONING VIOLATION:   The property owners are in violation of Section 4.1.2 (FA-1 Farming Zoning District) of the Larimer County Land Use Code and Section 105.1 of the 2006 International Residential Code, by virtue of using a modular home on the property as a second dwelling unit instead of converting it to an accessory use allowed by the Larimer County Land Use Code and as required by conditions of approval attached to Building Permit 96-F4743 for a new residence. 

 

On March 16, 2009, the Code Compliance Section received a complaint about people living in an older modular home (also called the 2nd dwelling unit) east of the main house on the property.

 

Research revealed in 1996, Building Permit 96-F4743 for a new residence on this property was issued, in part, based on the following condition:

 

ZONING DEPT:  EXISTING SINGLE-FAMILY DWELLING CANNOT BE USED AS A DWELLING ONCE THE NEW HOUSE IS OCCUPIED.  EXISTING DWELLING MUST BE CONVERTED INTO AN ACCESSORY BUILDING, NOT FOR COMMERCIAL USE.

 

In order to convert the modular home into an accessory building allowed by the Land Use Code, the owner is required to obtain a change of occupancy permit from the Larimer County Building Department documenting how the structure will be changed to an accessory use. Current Land Use Code requirements do not allow the use of a modular home for accessory residential purposes.  However, the condition of approval noted above was established prior to current code requirements.  

 

Research also showed a prior zoning violation in 1999 (File 99-ZV1278) for “renting out the modular as a second dwelling.” At that time, Code Compliance Officer Wendy Dionigi called Mr. Collins who admitted one of his relatives was living in the modular home. Ms. Dionigi informed Mr. Collins that having two dwellings on the property was a violation of the Larimer County Land Use Code. She also informed Mr. Collins the tenants had to move out by the end of April 1999 or she would take further enforcement action.

 

Additional complaints were received on May 26 and June 17, 2009 confirming the tenants had not moved out. On June 19, 2009, Mr. Friedt drove to the property and noted five cars parked in the driveway next to the modular with people occupying the home.  He then spoke to Mr. Collins who told Mr. Friedt that his nephew and his nephew’s girlfriend were living in the 2nd dwelling unit. Mr. Collins said he would talk to them about relocating within 30-days.

 

This hearing was scheduled based on the recurring violation connected with outstanding conditions of approval attached to Building Permit 96-F4743, which have existed since 1996.   The owners may pursue one of three options in order to resolve this violation, summarized as follows:

 

Option 1:  Remove the modular home from the property.

 

Option 2:  Obtain a change of occupancy permit to convert the modular home to an accessory residential use allowed by the Larimer County Land Use Code.

 

Option 3:  Obtain minor special review approval to allow the modular home to remain on the property for use as an accessory dwelling unit.

 

On July 21, 2009, Mr. Collins spoke with staff about obtaining minor special review approval.  Planning staff reported Mr. Collins does not wish to submit an application at this time.

 

To date, the modular home remains on the property. No application has been made, either for minor special review approval or for a change of occupancy building permit.

 

The Larimer County Land Use Code was enacted, in part, to limit the impacts on infrastructure, including water, sewer, and county roads, and to protect the property values of Larimer County residents. Impacts on quality of life from additional traffic, dust, noise and visual impacts may result from allowing additional residences on properties not properly zoned for them. By allowing two residences without county approval on properties in the FA-1 zoning district, it sends the message to neighboring property owners that this is acceptable and may encourage additional Land Use Code violations leading to unsafe building and sanitation conditions.

 

Staff recommends 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 noted for the record that the property owner was not present for the hearing, nor was there any public present to comment. Some discussion ensued about possibly tabling the item until the property owner could be present; however, it was ultimately decided to move forward with the motion described below.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners find a violation of the Larimer County Land Use Code exists for using and occupying a second dwelling unit on the property without first obtaining county approval, and a violation of the Larimer County Building Code exists for failure to abide by a condition of approval attached to Building Permit 96-F4743 requiring that the modular home be converted to an accessory building. He further moved the violations must be resolved within three (3) months from the date of this hearing by completion of one of the following options:

 

Option 1 :  Remove the modular home from the property.

 

Option 2 :  Obtain a change of occupancy permit to convert the modular home to an accessory residential use allowed by the Larimer County Land Use Code.

 

Option 3 :  Obtain minor special review approval to allow the modular home to remain on the property for use as an accessory dwelling unit.

 

If the three-month deadline noted above is not met, legal action is authorized to enforce county regulations. In the meantime, the 2nd dwelling unit must remain vacant.

 

Motion carried 3-0.

 

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

 

 

TUESDAY, AUGUST 18, 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:   Bob Keister, and Deni LaRue, Commissioners’ Office; Larry Timm, and Kristen Bothell, Planning Department;  Tom Garton, Building Inspections; Michael Kirk, Facilities Department; Mitzi Zmerzlikar, John Lee, and John Green, Clerk and Recorder’s Office; Larry Abrahamson, and Linda Coxen, District Attorney’s Office; Jeff Green, Risk Management; Rusty McDaniel, and Kyle Arend, Engineering Department; Dennis Morrison, Road and Bridge Department; Linda Hoffmann, Rural Land Use Center; Lorenda Volker, Human Resources Department; George Hass, and Bill Ressue, County Attorney’s Office, and Gael Cookman, Deputy Clerk.

 

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

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 10, 2009:

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of August 10, 2009.

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 24, 2009:  The Board reviewed the upcoming schedule.

 

4.         CONSENT AGENDA:

 

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda, as published, for August 18, 2009.

08182009A001           FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR WILD VALLEY NORTH R.L.U.P. 03-S2076 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, GREGORY WILD, AND THE WILD VALLEY NORTH HOMEOWNERS ASSOCIATION

08182009A002           ROAD MAINTENANCE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, GARY L. JACOBSON, CECILIA JACOBSON, JACOBSON INDUSTRIES LLLP, AND THE MOUNTAIN RANCH ASSOCIATION

08182009A003           AGREEMENT FOR PARTIAL ASSIGNMENT OF RESTRICTIVE DRY-UP COVENANT, GRANT OF EASEMENT, WARRANTY OF FIRST RIGHT TO DRY-UP CREDIT, & ASSISTANCE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, STATE OF COLORADO, AND EAST LARIMER COUNTY WATER DISTRICT

 

08182009A004           AGREEMENT FOR PARTIAL ASSIGNMENT OF RECHARGE, ACCESS, AND MAINTENANCE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS STATE OF COLORADO, AND EAST LARIMER COUNTY WATER DISTRICT

08182009R001           RESOLUTION ADOPTION AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING 1041

08182009R002           FINDINGS AND RESOLUTION DENYING THE SERVICE PLAN FOR THE PROSPECT MOUNTAIN WATER DISTRICT

MISCELLANEOUS:            Workforce Investment Act (WIS) PY08 Closeout Package; Close Out Grant 09-KAA-0007.

LIQUOR LICENSES:         The following licenses were approved and issued:  Archer’s Poudre River Resort – 3.2% – Bellvue; Hideout Patio Bar & Grill – Tavern – Fort Collins.

Motion carried 3-0. 

 

5.         2009 BUDGET ADJUSTMENT & 2010 BUDGET RECOMMENDATIONS FOR BUILDING DEPARTMENT SPECIAL REVENUE FUNDS:  Mr. Timm requested a loan of $20,735 from the County General Fund for use in the Building Department for 2009, and the ability to adjust the proposed 2010 budget to include $92,252 as a loan to the Building Department for use in 2010.   He stated that this funding is necessary to avoid further closures and furloughs given the decline in revenues for this department. 

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve amending the General Fund budget in 2009 for up to $20,735 to be transferred to the Building Inspection Fund and prepare a Recommended 2010 budget for the General Fund that includes up to $92,252 to be transferred to the Building Inspection Fund.

Motion carried 3-0.

 

6.         FUNDING REQUEST FOR 200 W. OAK STREET DRIVEWAY MODIFICATION TO ACCOMMODATE MASON STREET CHANGE TO TWO-WAY TRAFFIC:  Mr. Kirk and Mr. Green explained the need to transform the delivery dock into a drive through driveway in order to accommodate the Mason Street change to two-way traffic.  Mr. Kirk stated that the current configuration requires delivery trucks to drive in and then back out, which will not be effective once two-way traffic begins to flow on Mason Street.  Mr. Kirk requested $138,580 from the Courthouse Sales Tax cash reserves to complete this project. 

 

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners approve $138,580.00 from the Courthouse Sales Tax cash reserve to be spent on the 200 W. Oak Street Driveway Modification project to accommodate the Mason Street change to two-way traffic.

Motion carried 3-0.

 

7.         OPTIONS FOR DISTRICT ATTORNEY’S RISK MANAGEMENT ASSESSMENT FEE FOR 2010:    Ms. Coxen stated that Risk Management assessment fee for 2010 has increased $100,000 due to pending litigation.  She requested the use of District Attorney vacancy savings to pay for the difference.  Budget Manager, Bob Keister, indicated his support of the request, and some discussion ensued.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve prepayment of the 2010 Risk Management Allocation from the District Attorney’s 2009 personnel budget.

Motion carried 3-0.

 

8.         UPDATE ON LARIMER COUNTY ROAD 1 PAVING PROJECT:  Mr. McDaniel and Mr. Arend stated that they have not heard back from DOLA, regarding the grant they applied for to help complete this paving project.  Mr. McDaniel also said that the Weld County Commissioners have not made a decision one way or another regarding this project.  They will update the Board with more information as it becomes available

 

9.         REGIONAL FOOD SYSTEMS ASSESSMENT:  Ms. Hoffman requested that the Board authorize staff to prepare a letter to DOLA to seek matching funds for a Regional Food Systems Assessment study.  She presented the Board with the scope of the project, which (among other things), includes research to create a “linkages” program to match available land and water, identify projects needed to adapt existing agricultural infrastructure to more contemporary models, to quantify consumer preferences for local food production, and the strengthen and expand connections among segments of the food system.  Ms. Hoffman stated that the formal assessment will cost $48,000 but the cost to Larimer County would only be $4000.  Larimer County Extension would contribute $2,060; Rural Land Use Center would contribute $1,500; and the Economic Development (Work Force Center), would contribute $340.  Discussion ensued and Chair Rennels felt the study would be beneficial for the county and support the efforts.  Commissioner Johnson stated that he could not support this request, because in his opinion, the return of investment is a bit too nebulous, and is not a priority in tough economic times.  Commissioner Donnelly was inclined to agree with Commissioner Johnson; however, given the fact that it was a $48,000 study, of which Larimer County would only be responsible for $4000 and that money is coming out of existing funds, he would support the effort.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve staff to work with Weld and Boulder Counties and the Downtown Development Authority to prepare a joint request to the Department of Local Affairs (DOLA) for matching funding to conduct a Regional Food Systems Assessment.

Motion carried 2-1; Commissioner Johnson dissenting

 

10.       ASSISTANT COUNTY MANAGER WORKSESSION:  There were no worksession items to discuss.

 

11.       COMMISSIONER ACTIVITY REPORTS:   The Board detailed their activities throughout the previous week.

 

12.       LEGAL MATTERS: 

 

M O T I O N

Commissioner Johnson moved that the Board go into Executive Session to discuss Personnel matters, as outlined in 24-6-402 (4) (f) C.R.S.

Motion carried 3-0.

 

The Board came out of Executive Session and the following action was taken:

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the waiver of Human Resources Policy and Procedure 331.6.B.I, to allow pay out of 97 hours of accrued vacation leave to an employee to meet a financial emergency.

Motion carried 3-0.

 

M O T I O N

Commissioner Johnson moved that the Board go into Executive Session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402 (4) (b) C.R.S.

Motion carried 3-0.

 

The meeting adjourned at 11:30 a.m., with no further action taken.

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.