Loveland Bike Trail
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/25/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JULY 25, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Jeff Goodell, Engineering Department; 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.         KOLL-WILLIAMS APPEAL, FILE #11-G0217:   This is a request for an appeal to Section 4.3.10.H.1.d of the Larimer County Land Use Code, to allow an attached accessory living area to exceed the required size limit of 40% of the square footage in the single-family dwelling or 800-square-feet, whichever is less.

 

The applicants are proposing to build a 960-square-foot attached living area that will be incorporated into the existing single-family dwelling on the lot. As proposed, the accessory living area would exceed the required size limit as indicated in Section 4.3.10.H.1.d of the Land Use Code, which contains regulations for attached accessory living areas incorporated within the principal dwelling. This section of the code limits the accessory living area size to 40% of the square footage of the single-family dwelling or 800-square-feet, whichever is less.

 

The proposed attached accessory living area would satisfy all other regulatory requirements for attached living areas. It would be incorporated into the existing single-family dwelling with one main entrance and one set of utility meters; it will be architecturally compatible with the existing structure and there will be at least 12-feet along one wall of the accessory living area contiguous to a wall of the single-family dwelling with a doorway that allows passage between the two uses; it will be used solely for the guests of the occupants of the single-family dwelling or those providing a service on the site in exchange for residency; and it will not be rented or leased separately for the single-family-dwelling.

 

Staff finds the request meets the review criteria of Section 22.2.3 as outlined in the Land Use Code and no objections have been received from any surrounding property owners or any referral agencies. Furthermore, staff finds the size appeal would not subvert the purpose of the code and will have little if no impact on the surrounding area.

 

Staff recommends approval of the Koll-Williams Appeal, file #11-G0217, subject to the following conditions:

 

1.    The owner is responsible for obtaining all required building permits for the attached accessory living area and paying all applicable fees related to the building permit.

 

2.    The habitable space of the attached accessory living area shall not be further expanded beyond the proposed 960-square-feet.

 

3.    At the time of the building permit application, the owner shall sign an Attached Accessory Living Area Agreement which will indicate what the owner has agreed to, as well as advise potential future lot buyers of, the restrictions placed on the Accessory Living Area. 

 

4.    The owner will need to obtain a sewer system permit from the Department of Health and Environment.

 

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

 

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

 

7.         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 appeal approval.

 

2.         SCHNEIDER PUBLIC SITE PLAN REVIEW & APPEAL, FILE #11-PSP0006 :  This is a request for request to allow a detached accessory living area to remain and be reclassified from an Extended Family Dwelling to an Accessory Living Area. 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 square footage in the single family dwelling. 

 

The property is a 14.2-acre-parcel, located 1/5th of a mile west of County Road 23E. The property contains a two-story log house as the primary single family residence, a 50-foot by 60-foot barn that includes the accessory dwelling area and three additional sheds used for agriculture and storage.  The size of the accessory living area is approximately 1,000-square-feet.

 

There is no new construction proposed with this request. The existing barn was built in 2002 and it included the living quarters. The accessory dwelling unit has been used as an extended family dwelling, a temporary use, from 2002 to 2011. The use of a permanent structure for an extended family dwelling was approved by the Board of Adjustment in 2001. This request would reclassify the accessory living area as a permanent use instead of a temporary use.

 

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, and it can not be rented or leased separately from the single-family dwelling. Water will be provided by Little Thompson Water and sewer will be provided by an on-lot septic system.

 

A detached accessory living area can be approved administratively through the Public Site Plan process by the Planning Director. One review criterion the Planning Director considers is that the request complies with all applicable requirements of the Land Use Code. However, this request includes an appeal to a Land Use Code requirement for the size limitation for an accessory dwelling unit; therefore, the Planning Director has determined that this item requires a public hearing.

 

Staff recommends approval of the Schneider Public Site Plan and Appeal, file #11-PSP0006, subject to the following conditions:

 

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 have not been issued.

 

2.         The site shall be developed consistent with the approved plan and with the information contained in the Schneider Public Site Plan and Appeal, file #11-PSP0006, 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 Schneider 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 may 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 county must retain legal counsel and/or pursue a court action to enforce the terms of this Public Site Plan 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 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 and Transportation Capital Expansion Fees, shall apply to this use.

 

6.    The habitable space of the accessory living area shall be limited to 1000-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.

 

 

M O T I O N

 

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

 

Motion carried 3-0.

 

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

 

 

LARIMER COUNTY COMMISSIONER REDISTRICTING MEETING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Deni LaRue, Commissioners’ Office; Jeannine Haag and Linda Connors, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly opened the meeting. Chair Donnelly noted that the meeting was being held to provide a platform for public comment, in accordance with Colorado State Statute, and there would not be a decision made at this time.

 

Mr. Lancaster provided background information about the process of setting boundary lines for Commissioner Districts in the State of Colorado.

 

Chair Donnelly thanked Mr. Lancaster and opened the hearing to public comment.

 

Gary Marison addressed the Board and asked if the proposed boundaries evenly split the county’s population between the three districts. Chair Donnelly noted that because of natural and geographical boundary lines, one district will have a slightly higher population than the others; however, the Board believes the populations will even out within the next few years.

 

There being no additional public present, Chair Donnelly closed the hearing to public comment.

 

Mr. Lancaster noted that the Board will continue to review citizen comments, via email at BOCC@larimer.org for the next 30-days.

 

Commissioner Johnson thanked the Clerk and Recorder’s Office and the Geographic Information Systems Department for rapidly and effectively providing the Board with the proposed maps.

 

There being no further items, the Board adjourned at 7:00 p.m.

 

 

TUESDAY, JULY 26, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Carol Block, Finance Department; Jeannine Haag, Bill Ressue, and Linda Connors, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Cindy Burkhart, and her children Curtis, Walter, Brent, and Josh thanked the Board for their continued support of the 4-H program, and invited them to attend the county fair in August.  The Board accepted their invitation and commended the family on their involvement in the 4-H program.

 

Mel Hilgenberg made statements regarding scarcity of water and energy resources.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 18, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of July 18, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 1, 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:

 

LIQUOR LICENSES:  The following license was approved and issued:  Vet's Rock LLC doing business as Al's Canyon Grill – Hotel & Restaurant – Fort Collins.

 

Motion carried 3-0.

 

5.  REVISION OF BOND DOCUMENTS:  Ms. Block presented a number of bond documents that required updating.  She noted that these documents need to be approved by the Board of County Commissioners and by the Board sitting at the Building Authority.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Resolution authorizing amendment to the Master Lease Purchase Agreement between the County and Larimer County Building Authority and related documents and transactions; ratifying action previously; providing other matters related thereto; and providing the effective date thereof.

 

Motion carried 3-0.

 

07262011R001           RESOLUTION AUTHORIZING AN AMENDMENT TO THE MASTER LEASE PURCHASE AGREEMENT FINANCING IN ORDER TO FACILITATE CONSTRUCTION ON AN ADDITION TO SHERIFF’S ADMINISTRATION BUILDING

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners convene as the Larimer County Building Authority.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve action of the Directors by unanimous written consent in lieu of a meeting; Special Warranty Deed; Seventh Amendment to Master Lease Purchase Agreement between Larimer County Building Authority as lessor, and Larimer county as lessee; Seventh Supplemental Mortgage and Indenture of Trust between Larimer County Building Authority, as grantor and U.S. Bank National Association, as trustee.

 

Motion carried 3-0.

 

07262011R002           ACTION OF THE DIRECTORS BY UNAIMOUS WRITTEN CONSENT IN LIEU OF A MEETING TO APPROVE AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners adjourn meeting as Larimer County Building Authority and reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

6. CONVENE AS THE BOARD OF EQULIZATION:

 

M O T I O N

 

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

 

Motion carried 3-0.

 

Ms. Cookman presented the referee recommendations for July 15th, 18th, 19th, 20th, 21st, and 22nd, 2011, and requested approval on the same.  Commissioner Gaiter noted that petitioner Peter Miller had filed a complaint regarding the process surrounding his hearing and asked that this decision be delayed pending further review.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the referee recommendations for July 15th, 18th, 19th, 20th, 21st, and 22nd, 2011, except for the petition of Peter Miller, which is pending review. 

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

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

 

8.  COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous weeks.

 

9.  LEGAL MATTERS:  Ms. Haag requested the Board go into executive session to discuss ongoing negotiations regarding Anheuser-Busch litigation.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations, and instructing negotiators, as outlined in 24-6-402 (4) (e) C.R.S.

 

Motion carried 3-0.

 

The meeting adjourned at 10:35 a.m. with no further action taken.

 

 

THURSDAY, JULY 28, 2011

 

EXECUTIVE SESSION

 

The Board of County Commissioners met at 1:30 p.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Bob Herrfeld, Fairgrounds and Event Center Director; Mark Engemoen, Public Works Director; George Hass, County Attorney; and Melissa Lohry, Deputy Clerk.

 

Mr. Hass requested the Board go into executive session with no decision to follow.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session 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 2:00 p.m. with no further action taken.

 

 

 

 

 

__________________________________________

   TOM DONNELLY, 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.