> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/14/10  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 14, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioner Gaiter was present. Also present were: Jeff Goodell, Engineering Department; Karin Madson and Toby Stauffer, Planning Department;  George Haas, County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance and asked for public comment on the Land Use Code and County Budget. No one from the audience addressed the Board regarding these topics.

 

Chair Johnson 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:

 

1.         IMPERIAL ESTATES 2ND FILING LOT 27 EASEMENT VACATION, FILE #10-S2968:   This is a request to vacate the northern 3-feet of a 24-foot utility easement on Lot 27 of the Imperial Estates, 2nd Filing. If approved, the request will allow the construction of a garage to be outside of the easement. The easement is used primarily for drainage and it is staff’s opinion that the remaining 21-feet will still provide adequate space for the use. No utilities will be affected by this action.

 

This application was forwarded to the appropriate departments and agencies for comment and no issues of concern were indicated; therefore, the Development Services Team recommends approval of Imperial Estates 2nd Filing, partial Utility Easement Vacation, file #10-S2968.

 

2.         HICKS EXEMPTION PARCELS A & B AMENDED PLAT, FILE #10-S2957:   This is a request to amend the plat of the Hicks Exemption Parcels A & B by combining three properties: 1) Parcel B, 2) a portion of Parcel A that has been illegally divided, and 3) an adjacent metes and bounds property to the west of Parcel B. The metes and bounds property to the west was previously added to Parcel B via an Add-On Agreement; however, the lot line between the two properties was never removed because the agreement was never finalized. All three parcels are under the same ownership and will be combined into one property. If approved, a portion of Parcel A will remain and the amended plat will formalize the add-on agreement filed in1979 at book 1951 pages 894 through 895. 

 

No neighbors or county agencies have voiced any objections to this proposal.

 

Staff has found that the proposed plat amendment will not adversely affect any neighboring properties or any county agency; the amended plat will not result in any additional lots; and the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Parcels A & B of the Hicks Exemption, file# 10-S2957, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.         The final plat shall be recorded by December 14, 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.         Upon recordation of the final plat, staff recommends that the applicant apply for building permits for structures on the property within 3-months of the recorded date.

 

3.         HIGHLAND PLACE TRACT 38 AMENDED PLAT, FILE #10-S2958:   This is a request is to amend the plat of Highland Place Subdivision, Tract 38, to add an adjacent illegally split piece of property to Tract 38. The illegally split property was originally part of Long Pond, which was platted with the Highland Place Subdivision.

 

Comments received from the Land Surveyor of the Larimer County Engineering Department identify some required corrections to the plat including:

 

1.         The existing structures plan shows an existing boat house on the property closest to the lake. The structure will need to be permitted by the Larimer County Building Department upon approval of this request.

 

2.         The boat house will need to meet required setbacks for the property or receive approval for a setback variance. Setbacks for the FA-Farming zone district are 25-feet from the street or road, 5-feet from side lot lines and 10-feet from rear lot lines. The required setback for this structure would be 5-feet from the closest side lot line.

 

The Development Services Team recommends approval of the Amended Plat of Tract 38 of the Amended Plat of Tracts 38 & 29, Highland Place Subdivision, file #10-S2958, 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 December 14, 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.         A building permit for the structure on the incorporated parcel shall be applied for within 60-days of this approval, or the structure should be removed.

 

4.         GLACIER VIEW MEADOWS 12TH FILING LOTS 65A & 75 RIGHT-OF-WAY AND EASEMENT VACATION, FILE #10-S2962:   This is a request to vacate the easement for Snake Mountain Court in Glacier View Meadows 12th Filing. Currently, there are two Snake Mountain Courts in this area of Glacier View Meadows and vacating one of the courts will allow the other to remain. Originally, the Glacier View Meadows plat had three lots adjacent to this court; two of the three lots have been combined, leaving only two properties adjacent to the right-of-way. Both adjacent lots desire to vacate the access as both lots gain access from alternative roadways.

 

This application was forwarded to the appropriate departments and agencies for comment and no issues of concern were raised; therefore, the Development Services Team recommends approval of the Glacier View Meadows 12th Filing, Snake Mountain Court Right-of-Way Vacation, file #10-S2962. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as presented above.

 

Motion carried 2-0.

 

5.         SUNRISE RANCH SPECIAL REVIEW AND SPECIAL EXCEPTION EXTENSION AND AMENDED CONDITIONS OF APPROVAL, FILE #05-Z1577 AND #05-Z1578:   This is a request for an extension of approval for the Sunrise Ranch Special Review and Special Exception and to amend the conditions of approval to allow the applicant until Sept. 12, 2011, to complete a Development Agreement.

 

The Special Review and Special Exception applications for the Sunrise Ranch religious community master plan and expansion were approved by the Board of County Commissioners in 2007. As a condition of the original approval, the applicant was required to complete a Development Agreement by June 30, 2007, and take action on the approval with three years.

 

As of April 11, 2010, the conditions of approval have not been fulfilled, which resulted in a revocation of the Special Review and Special Exception approval. Since that time, the applicant has submitted a request to reinstate the approvals, additional time to complete the Development Agreement, and an additional 3-year period to take action on the proposal as the economy has had a significant impact on the operations and plans for future development of the community. 

 

Staff supports the requested reinstatement and extension of the approvals for the Sunrise Ranch Special Review, file #05-Z157, and Special Exception, file #05-Z1578, with the following conditions:

 

1.         The applicant shall provide a Development Agreement for review and approval by the Board of County Commissioners no later than August 14, 2010. The Development Agreement may address both the Special Review and Special Exception.

 

2.         The extension for the Special Review and Special Exception shall be effective until June 14, 2013.

 

3.         All other conditions of approval for file #05-Z157 and file #05-Z1578 shall remain in effect.

 

Chair Johnson opened the hearing to the applicant and Steve Short, director and representative of Sunrise Ranch addressed the Board to request approval of the requested extension. Mr. Short explained that he became director in 2009 and since that time, he has been busy with other aspects of the community. Mr. Short stated that due to the current state of the economy, he does not anticipate any expansion to occur in the immediate future; however, he would like to reserve the approval for expansion so that the community does not have to pay additional fees when it is ready to begin construction and minor changes.

 

Chair Johnson asked staff if a Development Agreement would be required for minor changes to the property and Ms. Madson stated that because the property is currently non-conforming, a development agreement is required before the commencement of any expansion activities.

 

Commissioner Gaiter stated that he did not want to approve the requested extension if there is no intent to move forward with the original expansion plans; therefore, he suggested that the Board approve the request, conditioned upon the submittal of a Development Agreement by August 14, 2010.

 

Chair Johnson stated that he was sympathetic to amending and extending the original approval because of the economic situation but Sunrise Ranch should show an intent to move forward with the project.

 

Chair Johnson opened the hearing to public comment and Bob Ewing, previous director of Sunrise Ranch, addressed the Board. Mr. Ewing stated that at the time of approval, Sunrise Ranch did not intend to immediately commence expansion. Instead, the community was simply laying out their long term “wish list.”

 

 

Chair Johnson thanked Mr. Ewing for his statements and closed public comment.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Sunrise Ranch Special Review, file #05-Z157, and Special Exception, file #05-Z1578, reinstatement of approval, extension, and amended conditions, subject to the conditions outlined above.

                         

Motion carried 2-0.

 

6.         COLUMBINE LODGE SPECIAL REVIEW AND APPEALS, FILE #09-Z1745 (TABLED FROM MAY 17, 2010):   This is a request for approval of a Special Review application to change the status of the existing non-conforming Columbine Lodge (cabins and retail store) to conforming and to expand the overall use by adding tent camping and space within the existing retail building for a recreational business.

 

The subject property is situated along the north side of Highway 14 (Poudre Canyon Road) in the Poudre Park Annex Subdivision, which is approximately 10-miles west of the intersection of Highway 287 and Highway 14. The area surrounding the proposed property is zoned O-Open and consists of residential uses on lots comparable in size to the subject site.

 

The subject site is rectangular in configuration with the southern boundary fronting on Highway 14, the northern boundary on the Poudre River, and the east and west boundaries abutting adjoining properties in the Poudre Park Annex Subdivision.

 

The property currently contains the existing non-conforming Columbine Lodge, which includes:

 

1.         A building with retail store and caretaker’s residence

2.         Eight mobile homes for residential occupancy

3.         Four cabins for residential occupancy

4.         Four cabins for overnight accommodations (camping)

5.         Seven support buildings

 

The Columbine Lodge is supported by an existing septic system designed to accommodate up to 36-occupants and an existing well. One of the outbuildings on the site provides showers and restrooms for the cabin occupants.

 

The applicant is proposing to add 10-tent camping sites to the property and space within the existing store/caretakers residence building for a recreational business use (possible kayaking business). If the approved, the applicant will convert the well into a commercial well, update the existing water system to a non-community water supply system and add a vaulted privy with a water tap for potable water. 

 

Parking spaces and a circular vehicular loop road will be provided in the area of the tent camping for those utilizing these sites, which will be strategically positioned on the property outside of the designated Federal Emergency Management Agency Flood Plain and the existing on-site septic absorption field.

 

By virtue of the existing conditions involving the size and physical characteristics of the site, this application includes the following appeals:

 

1.         An appeal to Section 18.4.1.B, to allow a camp ground facility on a property that is less than 8-acres in size (site is 1.97-acres).

 

2.         An appeal to Section 18.4.3.B, to allow the internal drives serving the campground to be 12-feet in width (existing) and to allow the same 12-foot width for two-way traffic areas.

 

3.         An appeal to Section 18.4.3.D to allow a deviation from the required 75-foot setback for camp sites from property lines and a deviation from the required 250-foot setback from an residential dwelling situated on an adjoin property.

 

4.         An appeal to Section 18.4.4.A to allow a vaulted privy where a comfort station is required.

 

5.         One recreation use business shall be allowed on the premise as part of the lodge retail operation. Said recreational use shall limit its business activities to the subject property and any off-site locations where such activities are allowed. The owner of the Columbine Lodge shall inform future recreational business occupants that trespassing across properties in the area is not allowed.

 

The Development Services Team presented the Columbine Lodge Special Review and Appeals application to the Planning Commission on March 17, 2010. At that hearing, the Planning Commission heard testimony from area residents and inquired about the site layout, trespass issues, and operational rules for the use. The Planning Commission then voted 6-0 in support of the application and appeals with suggestions for the preparation and posting of operational rules for the use and relocation of the proposed privy.

 

Since the Planning Commission hearing, the applicant has submitted a revised site design which addressed many of the concerns.

 

Staff and the Planning Commission recommend approval of the Columbine Lodge Special Review, file #09-Z1745, subject to the following conditions:

 

1.         This special review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.         The site shall be developed consistent with the approved plan and with the information contained in the Columbine Lodge Special Review, file #09-Z1745, except as modified by the conditions of approval or agreement of the county and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Columbine Lodge.

 

3.         Failure to comply with any conditions of the special review approval or adopted county laws and/or ordinances (i.e. Noise Ordinance) may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

4.         Prior to the commencement of any tent camping on the property the applicant shall:

 

A.        Provide a signed and recorded access easement for those portions of the internal circulation road that are situated on the adjacent property or the access be moved to be situated entirely in the subject property.

 

B.        Provide documentation that the State of Colorado Department of Water Resources has issued a commercial well permit for the use on the property.

 

C.        Provide documentation that the State of Colorado Department of Public Health and Environment has reviewed and approved the plans for the public non-community water system for the uses.

 

D.        Construct/install the public non-community water system as approved and install a water service tap in the vicinity of the tent camp sites.

 

E.         Install identification signs, fire rings and other appurtenances for each of the tent camp locations.

 

F.         Install barriers between the existing septic absorption filed and vehicular circulation drives.

 

G.        Permit and construct a vaulted privy at the location illustrated on the plans found in the file for the subject application.

 

H.        Provide documentation from the Colorado Department of Transportation indicating their acceptance of the parking configuration on the property adjacent to the Highway 14 frontage.

 

I.          Provide documentation from the Colorado Department of Transportation indicating the approval of the access drives from Highway 14.

 

J.          Provide occupancy rules and regulations for the occupants of the campground and further post trespassing markers to indicate the property boundaries which shall be incorporated into the final conditions of approval for the special review.

 

5.         This application is approved without the requirement for a development agreement.

 

6.         In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the 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 special review approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

7.         The county may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

8.         The findings and resolution shall be a servitude running with the property. Those owners of the property, or any portion of the property, who obtain title subsequent to the date of recording of the findings and resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the special review approval.

 

9.         The applicant shall pay the Transportation Capital Expansion Fees (TCEF) before the use commences, or within 120-days of the recordation of the Findings and Resolution approving the Special Review, whichever occurs first.

 

Chair Johnson asked staff about the historic uses of the property and Mr. Lafferty stated that the historic use of the property was found, by the Larimer District Courts, to be camping uses of less than or equal to 25-people.

 

Chair Johnson opened the hearing to the applicant and Mike Bellow addressed the Board on behalf of Mike Jensen, property owner. Mr. Bellow stated that Mr. Jensen is trying to improve the image of the property and reduce the impact of the camping use on surrounding land owners.

 

Chair Johnson thanked Mr. Bellow and opened the hearing to public comment. Kristine Lahnert, adjacent land owner, addressed the Board in favor of approval. Ms. Lahnert stated that Mr. Jensen has made great strides to reduce the nuisances caused by campers on the property under past ownership.

 

Chair Johnson closed public comment and commended Mr. Jensen on his willingness to address the fears and concerns of surrounding land owners.

 

Commissioner Gaiter echoed Chair Johnson’s commendation and suggested Mr. Jensen clearly post the premises of the campground to prevent trespassing onto adjacent properties.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Columbine Lodge Special Review and appeals, file #09-Z1745, subject to the conditions outlined above.

 

Motion carried 2-0.

 

TUESDAY, JUNE 15, 2010

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Diane Tokarz and Deni LaRue, Commissioners’ Office; Lorenda Volkner, Human Resources; Ginny Riley and Laura Walker, Human Services; Chad Gray, Linda Hoffman, Candace Phippen, and Michael Whitley, Planning Department; Jeff Green, Risk Management; George Haas, Jeannine Haag, and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

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

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 7, 2010:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of June 7, 2010.

 

Motion carried 3-0.

 

3.         CONSENT AGENDA:  Commissioner Gaiter requested the item titled, “Red Feather Mountain Library District Trustees” be removed from the consent agenda. Commissioner Gaiter stated that he would like the ability to interview the individuals recommended for approval as they are new appointments.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

ABATEMENTS:   As recommended by the County Assessor, the following Petitions for Abatement are approved:  Youree Living Trust; and Dale D. Olhausen and Lynn R. Olhausen.

 

06152010A001           DEPARTMENT OF PUBLIC WORKS CONTRACT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LAFARGE NORTH AMERICA, INC FOR PROJECT NUMBER 298 – WIDENING OF COUNTY ROAD 17 FROM COUNTY ROAD 14 TO COUNTY ROAD 16

 

06152010A002           AMENDMENT NUMBER 2 TO GENERAL CONSTRUCTIONS SERVICES AGREEMENT BETWEEN LARIMER COUNTY AND DELEHOY CONSTRUCTION, INC. (DATED APRIL 1, 2009) FOR THE FACILITIES MAINTENANCE SHOP REMODEL AT 2555 MIDPOINT DRIVE

 

06152010R001           FINDINGS AND RESOLUTION APPROVING THE LAZY D RANCH PRELIMINARY RURAL LAND PLAN

 

06152010R002           FINDINGS AND RESOLUTION APPROVING THE RIVER BLUFFS TRAILHEAL FLOODPLAIN SPECIAL REVIEW

 

06152010R003           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF RANDY POPE

 

06152010R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 2 OF THE DK CATTLE MLD AND LOT 2 OF THE NELSON LABRADOR MLD AND BOUNDARY LINE ADJUSTMENT

 

06152010R005           FINDINGS AND RESOLUTION APPROVING THE CRAWFORD ACRES LOT 16 & 17 AMENDED PLAT AMENDED CONDITIONS OF APPROVAL

 

06152010R006           FINDINGS AND RESOLUTION APPROVING THE POUDRE CONYON FIRE STATION #2 APPEAL

 

MISCELLANEOUS:            Larimer County Works Policy – Fraud Prevention; Department of Human Services Payments.

 

LIQUOR LICENSES:         The following licenses were approved & issued:  Aspen Lodge – Hotel and Restaurant with Optional Premise; Loveland Country Store – 3.2% – Loveland; Fox Acres Country -  Hotel and Restaurant with Optional Premise – Red Feather Lakes.

 

Motion carried 3-0.

 

4.         ONE-TIME PURCHASE/TRANSFER OF CHILD CARE ASSISTANCE PROGRAM FUNDS FROM WELD COUNTY:   Ms. Riley and Ms. Walker requested the Board’s approval to purchase $350,000 of state and federally allocated Child Care Assistance Funds from Weld County for a cost of $34,640. Ms. Riley explained that the payment of $34,640 is necessary to reimburse Weld County’s Maintenance of Effort on these funds, and is proposed to be taken from general funds. Ms. Riley noted that Larimer County is projected to overspend its allocation by about $2 million this year and the $350,000 will help to bridge the expenditure gap.

 

Chair Johnson asked if any new benefits would result from purchasing the $350,000 allocation. Ms. Riley stated there would be no new benefits but the money would allow Larimer County to address the waiting list for new applicants sooner than originally expected.

 

The Board thanked Ms. Riley and voiced their pleasure in working with Weld County.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the joint request with the Weld County Board of County Commissioners to transfer $350,000 from the State Fiscal Year 2009-2010 Child Care allocation from Weld County to Larimer County and to transfer the related Child Care Maintenance of Effort, which is estimated to be $34,640.

 

Motion carried 3-0.

 

5.         BOARDS AND COMMISSIONS APPOINTMENTS:   Ms. Tokarz presented the following appointments/reappointments to the following boards and commissions:

 

Board of Appeals:  Michael Millsapps and William Van Horn, reappointed to a three year term, beginning July 1, 2010, and expiring June 30, 2013.

 

Community Corrections Advisory Board:   Kathryn Curran, Chris Hefty, and Kristine Miller, appointed to a two year term beginning July 1, 2010, and expiring June 30, 2010. Sidney Simonson and William Sublette, reappointed to a two year term beginning July 1, 2010, and expiring June 30, 2010.

 

Estes Valley Board of Adjustment:   Jeffrey Moreau, appointed to a three year term, beginning July 1, 2010, and expiring June 30, 2013.

 

Flood Review Board:  John Hunt, appointment to a three year term, beginning July 1, 2010, and expiring June 30, 2013. Christopher Thornton, reappointment to a three year term, beginning July 1, 2010, and expiring June 30, 2013.

 

LaPorte Area Planning Advisory Committee:   Andre Duvall, Paul Resseguie, and Ed Stoner, reappointment to a three year term, beginning July 1, 2010, and expiring June 30, 2013.

 

Office on Aging Advisory Council:   Jay Adams, Melissa Buckskin, Kristina Seth, Deborah Tellez, and Robert Tholl, appointed to a three year term, beginning July 1, 2010, and expiring June 30, 2013. Helen Davis, Howard Hay, and Mary Shultz, reappointment to a three year term, beginning July 1, 2010, and expiring June 30, 2013.

 

Rural Land Use Board:  Kristin Grazier, John Hatfield, and Lauren Light, reappointed to a three year term, beginning July 1, 2010, and expiring June 30, 2013.

 

Chair Johnson thanked Ms. Tokarz for her work on the above mentioned appointments.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the appointments and reappointments to the Board of Appeals, Community Corrections Advisory Board, Estes Valley Board of Adjustment, Estes Valley Planning Commission, Flood Review Board, LaPorte Area Planning Advisory Committee, Office on Aging Advisory Council, and Rural Land Use Board as listed.

 

Motion carried 3-0.

 

6.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster informed the Board that they must approve an appointment to the North Eastern Colorado Regional Emergency and Trauma Advisory Council and that the appointed individual must be an Emergency Medical Technician (EMT). Randy Lessure, a local EMT and the current appointment, has volunteered to serve on the council for an additional term.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners reappoint Randy Lessure to serve on the North Eastern Colorado Regional Emergency and Trauma Advisory Council.

 

Motion carried 3-0.

 

Mr. Lancaster also informed the Board that the County will begin issuing subsidized bus passes and secure bicycle parking in the parking garage. Mr. Lancaster stated that these new subsidies will be provided, at a savings to the county, in response to requests from employees who do not drive to work and park in the parking garage.

 

7.         COMMISSIONER ACTIVITY REPORT:  The Board detailed their attendance at events during the last week.

 

8.         LEGAL MATTERS:  Mr. Haas, Ms. Haag, Mr. Ressue, Mr. Whitley, and Ms. Phippen addressed the Board to discuss Colorado House Bill 1284, which will take effect on July 1, 2010. Mr. Whitley stated changes to the current marijuana policies will need to occur by July 1, 2011.

 

Chair Johnson thanked everyone for the update and suggested the Board meet with the Planning Department and County Attorneys in a worksession to discuss the bill and possible changes to county policy.   The Board agreed and a worksession was scheduled for Monday, June 21, 2010.

 

Mr. Haas, Ms. Haag, and Mr. Ressue requested the Board go into executive session, to discuss litigation in the case of Russell v. Alderden, 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.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners 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.

 

There being no further items, the Board adjourned at 11:30 a.m.

 

 

WEDNESDAY, JUNE 16, 2010

 

ABATEMENT HEARING

 

The Board of County Commissioners met at 12:30 p.m. with Jody Masters, Chief Appraiser. Chair Johnson presided and Commissioner Donnelly was present. Also present were:  Melissa Lohry, Deputy Clerk.

 

ROBERT & PATRICIA KAYNE, PARCEL NUMBER 250404-05-002:  Ms. Masters described the subject property and outlined the comparables used to support the assessed value of $264,000. She explained that the subject property shares its northern border with Rocky Mountain National Park, which makes the parcel very desirable and valuable. Ms. Masters also noted that the clear views of Mount Meeker, Longs Peak, and Indian Peak add to the value of the subject property and the surrounding area.

 

Mr. Kayne addressed the Board and stated that when he used the Assessor’s website to research property values in his neighborhood, he arrived at a value of $225,000. Mr. Kayne noted that all six of the comparables presented by Ms. Masters were for larger parcels or parcels with more buildable area.

 

Commissioner Donnelly noted that almost all of the comparables presented by Mr. Kayne did not share the same views as the subject parcel, did not border to the national park area, and were not valued as vacant land; therefore, he stated they were not suitable to be used for comparison.

 

After much discussion regarding the size, landscape, and buildable area of the subject parcel and comparables, Commissioner Donnelly suggested that the assessed value be adjusted to $243,000 as the comparable properties are larger in size than the subject parcel.

 

Chair Johnson stated that he would also support reducing the assessed value slightly because there were no sales of smaller properties during the statutorily established timeframe.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for Robert and Patricia Kayne, Parcel Number 250404-05-002, for tax year 2009 and adjust the value to $243,000.

 

Motion carried 2-0.

 

There being no further items, the Board adjourned at 1:00 p.m.     

 

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­______________________________________

Melissa E. Lohry, Deputy Clerk