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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 12, 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 and Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Chad Gray, Rob Helmick, Toby Stauffer, Sean Wheeler, 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.

 

Mr. Lafferty informed the Board that he had received a request to remove item #1, “K&D Concrete Minor Special Review, file #09-Z1754,” from consent agenda for discussion. He explained that the request was made by a citizen who was on his way to the hearing from Denver, Colorado. To provide for adequate time for the citizen to arrive, Mr. Lafferty suggested this item be heard last.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners remove item #1, “K&D Concrete Minor Special Review, file #09-Z1754,” from the consent agenda to allow for discussion.

 

Motion carried 3-0.

 

Chair Rennels explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2.         GRACEY EXPANSION OF A NONCONFORMING BUILDING, FILE #09-Z1755:   This is a request for approval to expand a non-conforming residential structure built in 1925. The property is located within the O-Open zone district that is surrounded by other rural residential uses. They seek approval to expand a non-conforming residence built in 1925 by adding 837-square-feet, and to bring the structure up to current building code requirements.  The applicants also propose to replace an existing cesspool with a new septic system. Along with the structure in question, the site has several other small residences and outbuildings, all of which were also constructed in the early 1900’s. These buildings were historically used to store equipment or house personnel related to the extraction of oil at the site.

 

In 1994, the previous owner received approval from the County Board of Adjustment to operate a natural gas processing station at the site. At that time, one of the buildings was listed as an office but is now identified as a residence by the current applicant. Given that these structures were built in the 1920’s, it is reasonable to assume they would have severed a variety of functions over time including storage, office space, and housing. As a final observation, no surrounding property owners have contacted Planning Department staff with concerns or objections regarding the use of these buildings.

 

Staff supports approval of the request. Allowing the primary residence to add 847-square-feet will bring it into compliance with current building code standards. In addition, the applicant is  already residing in the home and are not seeking to add a new structure or to improve one that is currently non-habitable. In addition, replacement of the cesspool with a septic system has a positive environmental impact. 

 

There remains a question about whether one of the identified residences was previously utilized as an office. As noted, the County Assessor records show these buildings all date from the early 1900’s and staff’s assessment is that any of them could have been used as a residence, an office or a storage area over the 100-year period. The possible office is 364-square-feet in size, and collectively all of the residential structures on site add up to an estimated 3184-square-feet of living area, which is less than many new single-family homes.  The site is large enough to allow for all of the residential uses on the property to connect to the new septic system should the request be approved. Finally, none of the reviewing agencies or neighboring property owners have contacted Planning Department staff with objections to the request.

 

Staff recommends approval of the Gracey Expansion of a Non-Conforming Residence, file #09-Z1755, subject to the following conditions:

 

1.         The applicant shall obtain all required building permits and inspections for the proposed addition.

 

2.         Within 30-days of the date of approval by the Board of County Commissioners, the applicant shall contact the building department and request an inspection for the office/residential structure described in the staff report, to determine if this structure has been upgraded without building permits or inspections. If the inspector determines modifications have likely been made since 1994, the applicant shall obtain all required permits and inspections for the use within 60-days of that inspection.

 

3.         No other residential uses or upgrades may be made to any other structures on the site, beyond routine maintenance, without approval from the Board of County Commissioners.

 

3.         TERRY SHORES 2ND FILING LOTS 98A, 99A, 100, AND 101 AMENDED PLAT, FILE #09-S2904:  This is a request to add a portion of Lot 100 (Lot 101), of Terry Shores 2nd Filing, to Lot 98A and Lot 99A. If approved, the amended plat would resolve a non-conforming lot split.  

 

Staff recommends approval of the Amended Plat of Lots 98A, 99A, 100, 101 of Terry Shores 2nd Filing, file #09-S2904, 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.    The final plat shall be recorded by April 12, 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 Assessor’s Office.

 

4.         Prior to the recordation of the final plat, the applicant shall provide a revised Ownership and Encumbrances Report to reflect current ownership.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as published for October 12, 2009.

 

Motion carried 3-0.

 

4.         CLINGAN 6-WEEK CODE COMPLIANCE:   The owner of the property in question, Joe Clingan, is in violation of Section 4.1.5  (O-Open Zoning District) of the Larimer County Land Use Code by virtue of operating a pet animal facility for training dogs. A facility of this type is not an allowed use in this zoning district without Special Review approval.

 

On July 9, 2009, Code Compliance staff received a complaint about a dog training business. As a result of that complaint, staff contacted the property owner, Mr. Clingan, to explain the Land Use Code.  At that time, Mr. Clingan stated he would like to seek approval for his police dog training business, which has been in operation  at the current location since 1999.  Mr. Whitley with the Planning Department met with Mr. Clingan on July 31, 2009, to go over the Special Review process; however, to date, no applications have been received.

 

Staff recommends that the Board of County Commissioners find violations of the Larimer County Land Use Code 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.

 

Mr. Gray informed the Board that he received a phone call from Deputy Horde from the Albany County Sheriff’s Office in support of Mr. Clingan’s business.

 

Chair Rennels opened the hearing to the property owner and Mr. Clingan addressed the Board. Mr. Clingan, a retired police officer, requested that the Board find no violation has occurred and allow him to continue his business. 

 

Chair Rennels opened the hearing to public comment. Mark Miller, El Paso County Sheriff’s Office; Rick Mainwal, canine trainer for an unnamed law enforcement in northern Colorado; Frazier Damon, canine handler for an unnamed law enforcement in Northern Colorado; and William Smith and Dan Downs, canine handlers for an unnamed law enforcement in Wyoming; addressed the Board in favor of Mr. Clingan’s business. All emphasized the importance of Mr. Clingan’s invaluable service to law enforcement and the citizens they protect. Many also noted  that Mr. Clingan is the only trainer within 600-miles to produce canines that consistently receive certification from the United States Police Canine Agency (USPCA) and, if his business were to be ceased, their agencies would not be able to obtain protection dogs.

 

William Altenberg and Leslie Sorenson, adjacent properties owners, addressed the Board and requested that Mr. Clingan’s business be found in violation of the land use code and ordered to cease operations.  Mr. Altenberg and Ms. Sorenson both cited constant visual and audible disturbance caused by the business.  Mr. Altenberg stated that he had spoken with Mr. Clingan about these disturbances several times before issuing a formal complaint and is now seeking the Board’s help to resolve the problem.

 

Mr. Clingan readdressed the Board and stated that when Mr. Altenberg complained about the level of barking at his facility, he scaled back his operation from twenty dogs to only eight or ten dogs at present. He has also built indoor shelter for the dogs and installed electrical devices to quell barking.

 

Chair Rennels asked Mr. Clingan to detail the typical time-line for training. Mr. Clingan stated that he trains each dog for two to three months and after that time, he trains the dogs with their handlers for an additional six to ten weeks.

 

Commissioner Johnson stated that he was inclined to allow the business to continue at its current level while the Special Review process is completed. Chair Rennels and Commissioner Donnelly agreed.

 

M O T I O N

 

Commissioner Donnelly 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, and authorize legal action if the deadlines shown below are not met: 

 

The owner shall submit a Special Review application to the Planning Department for a Pet Animal Facility by November 1, 2009 and obtain approval for such application by May 1, 2010.

 

Motion carried 3-0.

 

5.         COUNTRY CLUB ESTATES 3RD FILING LOT 95 AMENDED PLAT, RIGHT-OF-WAY VACATION, AND FEE APPEAL, FILE #09-S2906:   This is a request is to amend the plat of Country Club Estates 3rd Filing to vacate 17-foot portion of right-of-way and combine the vacated portion of land with Lot 95. The applicant also proposes to seek relief from all application fees associated with this application. The applicant recently submitted an amended plat application requesting a 20-foot right-of-way vacation of Longview Drive. That application was heard and denied by the Board of County Commissioners on August 17, 2009.

 

The current request, to vacate a 17-foot portion of Longview Drive, was deemed to be different enough to warrant a second application for an amended plat. Given that most of the materials have already been reviewed by referral agencies and county departments, and most departments involved in the process are familiar with the project, a fee appeal is requested by the owners to  ease the cost of an additional application. The team would note that on occasion, the Board of County Commissioners has allocated fee waivers to be paid from their Special Funds budget.

 

The proposed plat amendment to Country Club Estates 3rd Filing, to vacate 17-feet of Longview Drive right-of-way and add the property to Lot 95, will not adversely affect any neighboring properties or any county agency and the amended plat will not result in any additional lots. If the direct costs of the processing of this application are paid, then the fee appeal request is consistent with the review criteria.

 

Staff recommends approval of the Amended Plat of Lot 95 Country Club Estates 3rd Filing and 17-Foot Right-of-Way Vacation of Longview Drive, file # 09-S2906, and Fee Appeal subject to the following conditions (and authorization for the chair to sign the plat when conditions are met and the plat is presented for signature):

 

1.         The final plat shall be recorded by April 12, 2010, or this approval shall be null and void. Within 30-days of the Board of County Commissioner approval, the applicant shall submit 4-copies of the proposed plat showing the revised property line and all other standard amended plat features to the Planning Department.

 

2.         Prior to the recordation of the final plat, the applicant shall make any technical corrections requested by any referral agencies.

 

3.         Prior to the recordation of the final plat, the applicant shall include an easement for the Cherry Hills Sanitation District to access the existing sewer line.

 

4.         Upon approval, the Planning Department shall refund a portion of application fees, less the direct costs of application processing, copying, postage, notices, and public hearings (direct costs are estimated to be $100.00).

 

Chair Rennels opened the hearing to the applicant and Glenn Johnson addressed the Board.  Mr. Johnson stated that at the time he purchased the property, he believed the fence was contained within the property line. He only requested the partial easement vacation to allow his property and fence to be legally contained on the property.

 

Chair Rennels opened the hearing to public comment and Vern Susset addressed the Board in opposition to the easement vacation.  Mr. Susset requested the Board find Mr. Johnson’s fence to be in violation of the right-of-way and require him to remove the fence.

 

Commissioner Johnson clarified that the applicant requested a waiver of fees for this application due to this application being so similar in nature to his previous application. Staff confirmed that Commissioner Johnson was correct and estimated the overall cost of processing the application to be $100.

 

Chair Rennels stated that she was not originally in favor of approving the application; however, the request will not alter access as the fence has been in place for such a significant amount of time.

 

Commissioner Donnelly stated that he was in favor of approving the application but would like turn radius studies to be conducted by either staff or the applicant.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Amended Plat of Lot 95 Country Club Estates 3rd Filing and 17-Foot Right-of-Way Vacation of Longview Drive, file #09-S2906, and Fee Appeal subject to the following conditions (and authorization for the chair to sign the plat when conditions are met and the plat is presented for signature):

 

1.         The final plat shall be recorded by April 12, 2010, or this approval shall be null and void. Within 30-days of the Board of County Commissioner approval, the applicant shall submit 4-copies of the proposed plat showing the revised property line and all other standard amended plat features to the Planning Department.

 

2.         Prior to the recordation of the final plat, the applicant shall make any technical corrections requested by any referral agencies.

 

3.         Prior to the recordation of the final plat, the applicant shall include an easement for the Cherry Hills Sanitation District to access the existing sewer line.

 

4.         Upon approval, the Planning Department shall refund a portion of application fees, less the direct costs of application processing, copying, postage, notices, and public hearings (direct costs are estimated to be $100.00).

 

Motion carried 3-0.

 

6.         POPE MINOR RESIDENTIAL DEVELOPMENT TRACT 2 AMENDED PLAT, FILE #09-S2907:   This is a request to exclude Tract 2 of the Pope Minor Residential Development (MRD) from Note #4 on the plat (file #96-EX0830). The note states, “Use of these lots is limited to single family residential and accessory uses only.” The application proposes to use the property for uses not classified as Residential, such as a seasonal camp (Accommodation Use) or a community hall (Institutional Use). 

 

If approved, Tract 2 would be eligible for all uses allowed by the current zoning district, FA- Farming. The FA-Farming zone district does include the ability to use a property for a seasonal camp and/or a community hall. Those uses are allowed by Minor Special Review and/or Special Review. The property also contains a tree farm, which is a use by right in the FA- Farming district.

 

The proposal to exclude Tract 2 from Note #4 on the Pope MRD plat (file #96-EX0830) and allow the property to be eligible for all uses permitted by the current zoning district, FA- Farming, will not adversely affect any neighboring properties, county agency, or invalidate other conditions of approval placed on this lot with the Pope MRD plat. It is the assessment of the Development Services Team that the request meets the standards of the Land Use Code, and that by allowing any future additional uses to go through a standard county review process, this request will not subvert the intent and purpose of the code or the original intent of the Pope MRD.

 

Staff recommends that the Board of County Commissioners approve the Pope Minor Residential Development, Tract 2 Amended Plat, file #09-S2907, subject to the following conditions:

 

1.         Tract 2 of the Pope MRD shall be developed consistent with the Pope MRD plat and the property will be subject to all other restrictions, covenants, and conditions as set forth in the plat of record for the Pope Minor Residential Development.

 

2.         Any future additional uses added to Tract 2, or any future development of Tract 2, shall go through an appropriate county planning process as applicable.

 

3.         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 this amended plat approval.

 

Chair Rennels asked staff if the Pope MRD is located within the LaPorte Area Planning Advisory Committee’s (LAPAC) jurisdiction. Staff confirmed the location was within LAPAC’s jurisdiction but the application was not referred to LAPAC for recommendation as it was not an application for special review.

 

Commissioner Johnson asked why the current request was not submitted in conjunction with a special review and staff informed him that the property owner could not submit an application for special review while the note is still in effect.

 

Chair Rennels opened the hearing to the applicant and Randy Pope addressed the Board.  Mr. Pope stated that it was his father who originally placed the MRD on the property and if the note is removed, he does plan to apply for a special review for a Seasonal Camp and Community Hall.

 

Chair Rennels opened the hearing to public comment and Kelly Staddleman, adjacent property owner, addressed the Board in favor of the request.  Ms. Staddleman stated that Mr. Pope had been very forthcoming with his plans for the property and she trusted his decision.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Pope Minor Residential Development, Tract 2 Amended Plat, file #09-S2907, subject to the following conditions:

 

1.         Tract 2 of the Pope MRD shall be developed consistent with the Pope MRD plat and the property will still be subject to all other restrictions, covenants, and conditions as set forth in the plat of record for the Pope Minor Residential Development.

 

2.         Any future additional uses added to Tract 2, or any future development of Tract 2, shall go through an appropriate county planning process as applicable.

 

3.         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 this amended plat approval.

 

Motion carried 3-0.

 

7.         COLLEGE LAKE SUBSTATION 1041 APPEAL, FILE #09-G0176:   This is an appeal to the requirements of the 1041 permit process for an electric power substation for Colorado State University and Xcel Energy on the Foothills Campus. The site is proposed to be a leased/easement area of approximately 4-acres in the southeast corner of the forest service area.  This is adjacent to and affected by the southern flow channel of the West Vine Drainage basin area, known as Soldier Creek. This application is the first application of any kind utilizing the designations and regulation of the 1041 process. 

 

This appeal suggests that the University need not pursue the 1041 permit but rather due to constraints of timing be allowed to proceed as only a Location and Extent review application.

 

The Larimer County Planning Commission had a number of concerns related to the requested appeal and concern regarding the potential precedent that could be perceived, if approved.  The issues raised by the University pertained mostly to timing and process, planning for the Foothills Campus power needs, public outreach, and coordination regarding environmental and hazard issues. With these concerns in mind the Larimer County Planning Commission recommended the Board of County Commissioners deny the appeal, finding the 1041 process was in fact the appropriate review for this facility. 

 

Staff has also found that the applicants have not made a sufficient case regarding how the appeal is consistent with the stated intent and purpose of the adopted regulations. Specifically, there has not been any significant public input about the selected site or the proposed uses. In addition, it is clear that a significant technical issue related to the integration of this site into the regional storm water drainage planning has not occurred nor has any analysis of the potential flood hazards of the site been completed; therefore, staff recommends denial of the College Lake Substation 1041 Appeal, file #09-G0176.

 

Chair Rennels opened the hearing to the applicant and Bryan Chase, from Colorado State University (CSU), addressed the Board.  Mr. Chase stated that CSU has applied for an appeal due to concerns about the amount of time required to complete the 1041 process.

 

Chair Rennels opened the hearing to public comment. Mike Carmine, Keith Volk, Mark Goforth, Randy Evans, Thomas Brown, Eleanor Sorensen, Tom McCall, Dave Wooldridge, Kathy Bacon, Bob St. John, and Fran Plumming addressed the Board in opposition to the appeal. All cited concerns about location, health effects, devaluation of property, and lack of forthcoming information as reasons to require CSU to go through the complete 1041 application process.

 

Commissioner Johnson stated he believed the 1041 process was designed to address projects such as the one proposed by CSU. He noted that the high level of public interest at today’s hearing indicates that a hearing, as required in the 1041 process, will be necessary.

 

Commissioner Donnelly and Chair Rennels agreed.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the College Lake Substation 1041 Appeal, file #09-G0176.

 

Motion carried 3-0.

 

1.         K&D CONCRETE MINOR SPECIAL REVIEW, FILE #09-Z1754:   This is a request for approval of a Minor Special Review for a 1,200-square-foot home occupation within a detached accessory building. The property is zoned FA-1 (Farming) and has an existing 2,966-square-foot residence constructed in 2007. Other properties in the area are zoned FA-1 (Farming) and contain single-family homes.

 

Home Occupations require Minor Special Review approval if they are located in detached accessory buildings that received a building permit after June 19, 2006, if they occupy more than 800-square-feet (not to exceed 1,200-square-feet), and/or if they generate more than six vehicle trips per day. The proposed 1,200-square-foot home occupation would be contained within a 2,400-square-foot detached pole barn. The remaining 1,200-square-feet would be used for personal storage. The building is not proposed to be provided with water or septic services. There will be no outdoor storage associated with the proposed home occupation.

 

The home occupation standards, found in Section 4.3.10.B of the Land Use Code, allow trade uses except for auto repair or similar activities. The Land Use Code defines a trade use as a business or occupation requiring specialized training in a manual or mechanical skill, including, but not limited to carpentry, plumbing, sheet metal, electrical, auto repair, heating, ventilation, air conditioning, furniture upholstery, and machine shops. 

 

There would be no retail sales of products from the property and no signs advertising the business are proposed.  One employee would arrive and depart from the property daily to pick up equipment and materials. The proposed Home Occupation would comply with all other applicable Home Occupation standards found in Section 4.3.10.B of the Land Use Code. 

 

In February 2009, a neighbor made a complaint to the Code Compliance office about business activities, storage of a travel trailer, outdoor storage of materials, and the keeping of a semi-trailer on the property. The Code Compliance office brought the matter to the Board of County Commissioners on August 3, 2009 and the Board found that a violation of the Land Use Code existed but allowed the business to continue at its current level activity with the following conditions:

 

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.

 

At the hearing two neighboring property owners spoke in favor of the business and the neighbor that filed the initial complaint spoke against the business. According to the neighborhood meeting report, the property owner who filed the initial complaint does not object to the Home Occupation as proposed.

 

Staff believes that the K&D Concrete Minor Special Review application meets the Minor Special Review criteria and the requirements for a Home Occupation in a detached accessory building.  The Development Services Team recommends that the Board of County Commissioners approve K&D Concrete Minor Special Review, file #09-Z1754, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the K&D Concrete Minor Special Review, file #09-Z1754, except as modified by the conditions of approval or agreement of the county and the applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the K&D Concrete Minor Special Review.

 

2.         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 the 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 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.

 

3.         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 Minor Special Review approval.

 

4.         The owner shall obtain all necessary building permits and complete construction of the detached accessory 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.

 

5.         The semi-trailer parked on the property shall be removed from the property upon completion of the detached accessory building.

 

Chair Rennels opened the hearing to the applicant and Duane Klepper addressed the Board.  Mr. Klepper stated that he has complied with all requirements, and therefore, should be granted approval by the Board.

 

Chair Rennels opened the hearing to public comment and Malcolm Morison addressed the Board.  Mr. Morison stated that Mr. Klepper had mislead staff by indicating he was not opposed to the construction of the building. He stated that at the neighborhood meeting held by Mr. Klepper, he did voice his displeasure with the building and its proposed. Furthermore, Mr. Morison claimed the drawings presented at the neighborhood meeting differed vastly from the drawing presented to staff.

 

Mr. Morison also presented photos of employees visiting Mr. Klepper’s property to retrieve materials. The photos showed that three different employees visited and parked on Mr. Klepper’s property at one time. 

 

Mark Neitenbach, adjacent property owner, addressed the Board in support of the request.

 

Commissioner Johnson asked Mr. Neitenbach if Mr. Klepper’s representation of the shed’s proposed location was the same at the neighborhood hearing as he presented at today’s hearing. Mr. Neitenbach stated it was not.

 

Mr. Klepper readdressed the Board and stated that he is willing to work with the county and Mr. Morison to change the location of the shed to prevent a dispute. 

 

Chair Rennels asked Mr. Klepper how many employees traveled to and from his home business at any given time.  Mr. Klepper informed her that he had three employees that frequent the property.

 

Chair Rennels stated that she would support the request; however, Mr. Klepper must be limited to one employee traveling to and from the property.

 

Commissioner Johnson stated he was inclined to deny the request as he felt more conditions should be put into place before approval by the Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the K&D Concrete Minor Special Review, file #09-Z1754, subject to the conditions listed above.

 

Motion carried 2-1, Commissioner Johnson dissenting.

 

There being no further business, the hearing adjourned at 6:15 p.m.

 

 

TUESDAY, OCTOBER 13, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Scott Doyle and Angela Myers, Clerk and Recorder’s Office; Donna Hart and Deni LaRue, Commissioners’ Office; Karlin Goggin, County Addressing Coordinator; Kyle Arend and Rusty McDaniel, Engineering Department; Candace Phippen, Planning Department; Marc Engemoen, Department of Public Works; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Holly Caroll, newly appointed Executive Director of the Poudre River Library District, appeared before the Board to introduce herself.

 

Chair Rennels thanked Ms. Caroll for coming in and welcomed her to Colorado.

 

2.         APPROVAL OF MINUTES FOR THE WEEK OF OCTOBER 5, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of October 5, 2009.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 19, 2009:   Ms. Hart 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 published:

 

10132009A001           DEVELOPMENT AGREEMENT FOR BENGLEN SUBDIVISION, FILE #06S2608 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THEODORE G. BENGLEN II, AND CHERYL BENGLEN

 

10132009A002           FIRST AMENDMENT TO LEASE FOR 2643 MIDPOINT DRIVE SUITES C & D, DATED SEPTEMBER 17, 2009 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TIVER CENTER 30 PARTNERSHIP, LLP

 

10132009R001           FINDINGS AND RESOLUTION APPROVING THE SQUIRES MINOR SPECIAL REVIEW

 

10132009R002           FINDINGS AND RESOLUTION DENYING THE DUTCHAK APPEAL

 

10132009R003           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE BLUE MOUNTAIN WINERY AND APPEALS

 

10132009R004           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT IN CRYSTAL LAKES 5TH FILING, LOT 64A

 

10132009R005           RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED ASSESSMENT ROLL FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2008-1

 

10132009R006           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR BENGLEN SUBDIVISION

 

10132009R007           FINDINGS AND RESOLUTION APPROVING THE PTARMIGAN RUN ASSISTED LIVING FACILITY TIME EXTENSION

 

MISCELLANEOUS:            Final Plat of Benglen Subdivision

 

LIQUOR LICENSES:         The following licenses were approved and issued:  City Limit Liquor – Retail Liquor Store – Fort Collins; Ramada Inn – Hotel and Restaurant – Fort Collins; Mexican Inn – Hotel and Restaurant – Loveland; Schrader Country Store 440 – 3.2% – Fort Collins; Geo Beach Post – Club Liquor License – Fort Collins; and Bar SS Tavern – Tavern – LaPorte.

 

Motion carried 3-0.

 

5.         APPEAL TO NAME ROAD AFTER PROPER NAME:   Ms. Goggin presented a request to the Board for approval to name a road after a proper name. The Larimer County Code, section 10-175(b)(1)(d) states that road shall not be named a family surname; however, the road in question is contained completely within a parcel of land that has been owned by the Roberts family for more than 100-years. There are four addressable points along the road, including the Roberts Cattle Ranch. The requested rode name is Roberts Ranch Road.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the road name of Roberts Ranch Road.

 

Motion carried 3-0.

 

6.         SIEMENS CORPORATION HONORS SCOTT DOYLE – NACo COUNTY COURTHOUSE AWARD FOR INNOVATIVE GOVERNANCE:  Chuck Hall, Senior Manager of Siemens Corporation, appeared before the Board to present the National Association of Counties (NACo) County Courthouse Award for Innovative Governance.  Mr. Hall explained that Mr. Doyle was selected as recipient for the award for the innovation and implementation of vote centers, which have been shown to save counties time and resources while better meeting the needs of citizens. The idea originated in Larimer County with Mr. Doyle and has since spread across the state and nation.

 

Mr. Hall then played a short video from the 2009 NACo gathering in Tennessee.

 

Mr. Doyle accepted the award and thanked his staff, most of which were in attendance, for their hard work and perseverance.

 

 Chair Rennels thanked Mr. Hall for the presentation and congratulated Mr. Doyle.

 

Commissioner Johnson congratulated Mr. Doyle and noted that in addition to his work at the county level, Mr. Doyle has continuously proven a leader at the state level through his legislative work.

 

Commissioner Donnelly also thanked Mr. Doyle for his reinvention and innovation of county processes.

 

7.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster requested direction from the Board regarding the paving operation on County Line Road. He reminded the Board that they approved county funds to pave the road, splitting half the costs with Weld County, conditioned by the understanding that Johnstown would pay all costs related to maintaining the half-mile portion of the road within its jurisdiction.

 

Mr. Lancaster stated that Johnstown is not able to afford to maintain the road at this time; therefore, in addition to the cost of paving the road, Larimer County will also have to maintain the road until development occurs in the area.

 

Commissioner Johnson stated that the county can not neglect the half mile portion but should request a trade in which Johnstown would agree to maintain a similarly sized portion of county road nearer to the town.

 

Chair Rennels agreed and requested that Mr. Lancaster require a formal agreement with Johnstown.

 

Mr. McDaniel suggested the county request all fees collected at the time of development be forwarded to the county.   

 

Mr. Lancaster presented a request from the Department of Public Works to mandate pre-employment drug testing for the department.  Mr. Lancaster stated that after he received the initial request, he contacted other counties and found that mandated drug testing of this kind has become the norm across the state. Implementing a mandated drug testing program would cost the county $5,000 annually.

 

The Board requested Mr. Lancaster craft a new policy for their review.

 

8.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

Commissioner Johnson requested signatures from Chair Rennels and Commissioner Donnelly attesting to the scope of work and experience of Sean Wheeler, with the Planning Department. He explained that Mr. Wheeler has applied for licensure as a landscape architect from the Board of Landscape Architecture but has been hassled due to his experience in the public sector versus the private sector.

 

Both Chair Rennels and Commissioner Donnelly agreed to support Mr. Wheeler by signing the letter presented by Commissioner Johnson.

 

9.         LEGAL MATTERS:  Ms. Phippen requested authorization from the Board to utilize $10,000 from the General Fund to cover the cost of clean-up for the Girtler property, in accordance with the court mandate. Ms. Phippen stated that funds not utilized for the clean-up will be returned to the General Fund.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners authorize the expenditure of up to $10,000 from the General Fund for the clean-up of property owned by David Gurtler located at 4906 Deer Trail Court, Fort Collins, Colorado pursuant to a court order. The amount advanced from the general fund shall be deposited into the Code Compliance Clean-Up Account. Costs incurred in the property clean-up shall be paid from this account.

 

In addition, the amount advanced from the General Fund shall be deemed a loan and, if not voluntarily reimbursed by the property owner, shall be repaid from the amounts collected at tax sale in 2010 after a lien is established against the property.

 

Motion carried.

 

There being no further business, the Board recessed at 10:30 a.m.

 

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 1:30 p.m. for Abatement Hearings. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Jody Masters, Davin Stephens, and Jason Marks, Assessor’s Office; Melissa Lohry, Deputy Clerk.

 

ABATEMENT HEARING FOR ERIC & MELISSA BREWSTER – PARCEL #80154-00-002:   Ms. Masters described the subject property and location. She then detailed the comparables used to arrive at the recommended value of $64,000.

 

Mr. and Mrs. Brewster addressed the Board and stated that they are in the middle of a fence-line dispute and their current lot is much smaller than the subdivision plat indicates. They also stated that because of the current economic state, their realtor has indicated its current market value for the property is currently $44,000; therefore, they believe the assessed value should be $44,000.

 

Chair Rennels explained that the Assessor must follow state statutes when assessing the value of a property. These statutes mandate that property values for the 2008 tax year be based on the market economy prior to June 30, 2006.

 

Chair Rennels also indicated that the fence-line dispute is a civil matter and cannot be factored into the appraised value of the property.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the Petition for Abatement of Taxes for Eric D. Brewster and Melissa R. Brewster, Parcel Number 80154-00-002, for tax year 2008 and support the Assessor’s valuation of $44,000.

 

Motion carried 3-0.

 

ABATEMENT HEARING FOR WILLIAM & BRIGITTA KARELIS – PARCEL #29222-00-005:   Mr. Stephens described the subject property and location.                                      

 

Mr. Karelis addressed the Board and stated that his only concern about the assessed value was the reclassification of use that occurred in 2007. He explained that the property was originally classified as agricultural but in 2007, the Assessor reclassified the property as residential. Mr. Karelis stated that he intends to lease the land for grazing, he believed the land should have remained classified as agricultural land.

 

Commissioner Johnson informed Mr. Karelis that once he leases the land for grazing, he can apply for an agricultural exemption with the Assessor’s Office.

 

Mr. Stephens explained that Mr. Karelis’ property should have been classified as residential prior to 2007 because a cabin was built on the property; however, the Assessor’s office did not have a chance to visit and re-evaluate the site until 2007.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Petition for Abatement of Taxes for William Karelis and Brigitta Karelis, Parcel Number 29222-00-005, for tax year 2008 and support the Assessor’s valuation of $143,600.

 

Motion carried 3-0.

 

ABATEMENT HEARING FOR S2CR LAND & DEVELOPMENT, LLC – PARCELS #98193-06-014; 98193-11-001; 98193-11-009; 98193-11-011; 98193-11-012; 98193-11-013; 98193-11-003; 98194-11-005; & 98194-11-006:   Mr. Marks described the subject property and location. He also stated that he had removed two lots in the subdivision from the assessment because they were unbuildable lots.

 

After much discussion between the applicant, Connie Barnes, Mr. Marks, and the Board, it was determined that Ms. Barnes may have been assessed taxes for lots that were not yet released for sale by the county in 2008. With this uncertainty, Chair Rennels suggested the abatement hearing be tabled until October 20, 2009, to give the Assessor’s Office more time to review the case.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners table the Petition for Abatement of taxes for S2CR Land and Development LLC, Parcel Numbers 29222-00-005, for tax year 2008, until October 20, 2009.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 2:30 p.m.

 

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.