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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JULY 18, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick, Samantha Mott, and Toby Stauffer, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly 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.

 

Chair Donnelly 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.         ELDER PUBLIC SITE PLAN AND APPEAL, FILE #11-PSP0004:   This is a request to allow a detached accessory living area on a 2.2-acre parcel, located ˝ mile west of the intersection of Vine Drive and Shields on the north side of the road. The request includes an appeal to Section 4.3.10.H.2.c of the Land Use Code to allow the accessory living area to exceed the size limit of 40% of the total square footage of the single family dwelling. 

 

The property currently contains a 1048-square-foot single-family dwelling, two garages, and a pole barn. The applicant is proposing to convert a portion of one of the detached garage/barns into an accessory living area with 636-square-feet. 

 

There is no new construction proposed with this request just an interior remodel to an existing building, which was originally constructed over 60-years ago. The accessory dwelling will consist only of sleeping quarters and will not have any cooking facilities.

 

The accessory living area will be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residence. The accessory living area can not be rented or leased separately from the single-family dwelling. Water will be provided by City of Fort Collins and sewer will be provided by an on-lot septic system.

Detached accessory living areas are allowed through the public site plan process which allows the Planning Director to approve applications administratively; however, one of the review criterion of the public site plan review process is that the application must comply with all applicable requirements of the Land Uses Code. Because this request includes an appeal to a Land Use Code requirement, the Planning Director has determined that this item requires a public hearing.

 

Staff recommends Approval of the Elder Public Site Plan and Appeal, File #11-PSP0004, subject to the following condition(s):

 

1.         This approval shall automatically expire in two-years if the use has not commenced and/or a building permit and/or development construction permit are not issued.

 

2.         The site shall be developed consistent with the approved plan and with the information contained in the Elder Public Site Plan and Appeal, file #11-PSP0004, 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 Elder Public Site Plan and Appeal.

 

3.    In the event the applicant fails to comply with any conditions of approvals, or fails to use the property consistent with the approved public site plan, the applicant agrees that in addition to all other remedies available to the county, the county many withhold building permits, issue a written notice to applicant to appear and show cause why the public site plan approval should not be revoked, and/or bring a court action for enforcement of the terms of the public site plan.  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 public site plan approval, 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 public site plan as appropriate to monitor and enforce the terms of the public site plan approval.

 

4.    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 public site plan approval.

 

5.    The owner is responsible for obtaining all required building permits for the Accessory Living Area. All applicable fees, including permit fees, shall apply to this use.

 

6.    The habitable space of the accessory living area shall be limited to 636-square-feet.

 

7.    The single-family character of the property must be maintained.  The entrance(s) to the accessory living area must not be visible from any road.

 

8.    The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

 

9.         The accessory living area must not be rented or leased separately from the single-family dwelling.

 

2.         HALL EXEMPTION, FILE #11-G0216:   This is a request for approval to exempt the subject property from the subdivision requirement and recognize as legal a parcel of 34.84-acres.  The applicant’s attorney has consulted with the staff and has reviewed this issue with the County Attorney.  It appears that the applicant acquired a 35-acre parcel and constructed a home in 2007, or 2008. The property is now for sale and in evaluating new survey information it appears that although described as 35-acres the parcel based on the Bureau of Land Management dependant resurvey the parcel may only be 34.84-acres. To insure that there are no issues with the sale of the property, the applicant is requesting the Board of County Commissioners recognize the parcel as a legal lot. 

 

Staff recommends approval of the Hall Exemption, file #11-G0216.

 

3.         CEDAR PARK 2ND LOT 25 AMENDED PLAT / EASEMENT VACATION, FILE #11-S3046:   This is a request to amend the plat of Cedar Park Subdivision, Second Filling, Lot 25, to incorporate recently deeded property that lies south of the lot, amend the north lot line to remove property from Lot 25, and address a boundary discrepancy, and vacate a 10-foot perimeter utility easement. A recent survey performed by the Forest Service indicated that many of the lots in Cedar Park subdivision were platted in such a way that they encroached on Federal Land, the requested approval will rectify discrepancies between the Cedar Park Subdivision and the survey done by the Forest Service.

 

The request also includes an appeal to allow the resultant lot to be divided by a road. The original plat for Cedar Park showed Lot 25 as being divided by a road, the requirement to not be divided by a road came into effect in the Land Use Code after this lot had been created, Lot 25 is a legally non-conforming lot. The lot configuration will not dramatically change, and this request proposes to allow the non conformity to continue.

 

Staff recommends approval of the Amended Plat of Lot 25, Cedar Park Subdivision 2nd Filing, file #11-S3046, 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 January 18, 2012, or this approval shall be null and void.

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as published above.

 

Motion carried 2-0.

 

There being no further items, the Board adjourned at 3:15 p.m.

 

 

TUESDAY, JULY 19, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioner Johnson was present. Also present were:  Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Ginny Riley, Nancy Salazar, Geoffrey Shirley, and Deb Andersen, Human Services Department; Dale Miller, Road and Bridge Department; Rusty McDaniel, Engineering Department; Ron Gonzales, Poudre Fire Department; Jeannine Haag, Bill Ressue, and Linda Connors, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Mel Hilgenburg addressed the Board and introduced the
Red Card Solution; a program that allows temporary workers from other countries to enter and work in the United States legally.  He proposed this as a solution for farm labor assistance in Larimer County.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 11, 2011:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of July 11, 2011.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 25, 2011:   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 below:

 

07192011A001           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR LITTLE R.L.U.P. BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, JAMES L. LITTLE, AND JANI S. LITTLE

 

07192011D001           DEED OF DEDICATION FOR 50-FOOT RIGHT-OF-WAY – STEVEN BEITZ

 

07192011R001           FINDINGS AND RESOLUTION APPROVING THE KIDDER SUBDIVISION PRELIMINARY PLAT AND APPEAL

 

07192011R002           FINDINGS AND RESOLUTION GRANTING THE EXTENSION OF THE MOYER EXTENDED FAMILY DWELLING APPROVAL

 

07192011R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 1 IN THE CABIN CREEK EAST SUBDIVISION

 

07192011R004           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING ACCESSORY RURAL OCCUPATIONS

 

07192011R005           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR LITTLE RURAL LAND PLAN

 

MISCELLANEOUS:   Treasurer’s Six Month Report; Community Services Block Grant (CSBG) 2011-12; Authorized Signatures for Colorado Department of Labor and Employment Cash Requests; and Little Ranch R.L.U.P. Final Plat.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Los Viejitos LLC, doing business as Hacienda Real – Hotel and Restaurant – Fort Collins; Crystal Lakes Road/Rec Association, doing business as The Restaurant – Beer and Wine – Red Feather Lakes; Gail Liquor, doing business as Gail’s Liquor – Retail Liquor Store – Bellvue; Mona Lisa LLC, doing business as Dunraven Inn – Hotel and Restaurant – Estes Park.

 

Motion carried 2-0.

 

5.         CHILD SUPPORT STAFF RECOGNITION:  Ms. Riley, Ms. Salazar, Mr. Shirley, and Ms. Andersen presented 2010 Child Support Unit Performance Measures and Outcomes, noting that they are proud to have met and exceeded the 2010 goals of this program.  Some discussion ensued and the Board congratulated them on their efforts in providing this service for the citizens of Larimer County.

 

6.         HOLLYWOOD STREET MAINTENANCE AND MAP:   Mr. McDaniel requested the Board’s direction on two options for addressing safety issues on Hollywood Street due to the road’s poor condition.  Discussion ensued and the Board directed Mr. McDaniel to work towards installing a temporary emergency access gate at the southern end of Hollywood Street, as this would limit the traffic circulation in the area. 

 

7.         NORTHEAST COLORADO REGIONAL EMERGENCY MEDICAL & TRAUMA ADVISORY COUNCIL APPOINTMENT:   Mr. Lancaster requested that Lori McDonald be reappointed as Facility Representative for Larimer County to Northeast Colorado RETAC.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the reappointment of Lori McDonald to another term as facility representative for Larimer County on Northeast Colorado Regional Emergency Medical and Trauma Advisory Council (NCRETAC).

 

Motion carried 3-0.

 

8.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster requested direction on how best to notify the dial-a-ride clients that the program will be discontinued as of January 2012.  The Board stated that since there is a by name roster of the individuals utilizing the program, the best method of communication would be direct contact, versus a public hearing. 

 

Mr. Gluckman provided a follow up for the Board regarding commercial card usage at the Fairgrounds. 

 

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

 

10.       LEGAL MATTERS:  Ms. Haag requested the Board go into executive session to discuss ongoing negotiations on Anheuser-Busch Litigation, with no decision to follow.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session to discuss ongoing negotiations as outlined in 24-6-402(4)(e)C.R.S.

 

Motion carried 2-0.

 

There being no further items, the Board adjourned at 10:30 a.m.

 

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

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