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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 7, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Doug Ryan, Environmental Health Department; Clint Jones, Engineering Department; Brenda Gimeson, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

RAMONA HEIGHTS SUBDIVISION LOTS 3&4, BLOCKS 4A & 1:   This is a request to Amend the plat of Ramona Heights Subdivision to reconfigure several lots and metes and bounds parcels and vacate a portion of a 15-foot access easement.

 

Most of these properties are located in the Ramona Heights Subdivision, which was platted and recorded in 1924, with the remaining land being deeded to the previous owners of the property by a court order in 2010. The properties are located north of County Road 74E and east of County Road 67J, near Red Feather Lakes, with access via Kinnikinnik Lane. Lots 3, 4, and a portion of 5, Block 4A and Lots 1, 2, 3, 4, 5, 19a, and a portion of Lot 20 of Block 1 will be reconfigured into a new lot labeled as Lot 1 and will be .86-acres in size.  Lots 6, 7, 8, and 9, Block 1 will be reconfigured into a new lot labeled Lot 2 and be .27-acres in size.  Lots 18 and 19b will be reconfigured into a new lot labeled Lot 3 and be .57-acres in size.  The remaining portion of Lot 20 will be reconfigured into a new Lot 4 and be .06-acres in size. None of the new lots will be any smaller than the existing platted lots. Additionally, a portion of the existing access easements shown on the plat and other recording documents will hereby be vacated with the plat.  Access will be maintained to each lot. 

 

There are currently 4 structures identified as residences on these properties.  Two of those residences are located on the proposed Lot 1. The Larimer County Land Use Code only allows one residence per lot and the applicant has indicated that only one of those structures is a livable structure. However, to prevent any problems, a condition of approval has been placed on this request that will require the applicants to take one of the following actions before final approval of the amended plat:  demolish the 2nd residence, make changes necessary in the building so it will not be classified as a living unit and apply for a change of use permit that will reclassify it to an accessory structure, or receive approval for a detached accessory dwelling following the regulations outlined in the Larimer County Land Use Code. 

 

Staff received one call from a neighboring property owner regarding some historic access rights they hold to this property with a request that this amendment not affect those historic rights.  Staff is not able to make judgment on prescriptive rights and since no evidence was provided regarding these rights, the neighboring property owner was informed this is a private matter and should be handled between the two parties.

 

Staff has found that the proposed Amended Plat, designed to reconfigure the lots for Lots 3, 4 & portions of 5, Block 4A and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 18, 19A, 19B, and 20, Block 1, of the Ramona Heights Subdivision, including adjacent property deeded by court order and the request to vacate the a 15-foot access easement will not adversely affect any neighboring properties or any county agency. The proposed Amended Plat will not result in any additional lots and it is sensible to vacate the access easements with the new reconfiguration as all lots will maintain an easement for access purposes. Staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat and for Lots 3, 4 & portions of 5, Block 4A and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 18, 19A, 19B, and 20, Block 1, Ramona Heights Subdivision to reconfigure the lots and vacate a 15-foot access easement 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.    All conditions of approval shall be met and the Final Plat recorded by July 7, 2013, or this approval shall be null and void.

 

2.    The vacation of the access easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

3.    Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by County staff, and by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

4.    Prior to the recordation of the Final Plat, the applicants must take one of the following actions for the second dwelling located on the proposed Amended Lot 1: 

 

a.         Apply for a demolition permit from the Larimer County Building Department and demolish the second residence;

 

b.         Make changes necessary in the building so it will not be classified as a living unit and apply for a change of use permit from the Larimer County Building Department that will reclassify this building to an accessory structure;

 

c.         Receive approval for a detached accessory dwelling following the regulations outlined in the Larimer County Land Use Code.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as proposed above.

 

Motion carried 3-0.

 

The hearing adjourned at 3:05 p.m.

 

 

TUESDAY, JANUARY 8, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 10:30 a.m. with Linda Hoffmann, County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Neil Gluckman, Assistant County Manager; Deni LaRue and Donna Hart, Commissioners’ Office; Charlie Johnson, Engineering Department; Christina Ulrich-Jones and Robin Carrier, Human Services Department; Gary Buffington and Kerri Rollins, Natural Resources; Gael Cookman and Dana Bouchard, Deputy Clerks.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.   PUBLIC COMMENT:   John Clark, former County Commissioner, recommended that land discussions among the Open Lands Advisory Board also be reviewed by the Agricultural Advisory Board.

 

Mary Ann Martin expressed she had questions and concerns regarding the Roberts Ranch land discussion, specifically regarding taxpayer money supporting the deal.

 

D.L. Roberts asked the Board to take their time before approval when considering the Open Lands Advisory Board’s decision regarding the Roberts Ranch land dispute.

 

2.   BOARD REORGANIZATION FOR 2013

 

Appointment of Chair:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners appoint Commissioner Johnson as the Chair for 2013, and authorize him to buy and sell real estate upon approval of the Board.

 

Motion carried 3-0.

 

Chair Johnson led the remainder of the meeting.

 

Appointment of Chair Pro-tem:


M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners appoint Commissioner Donnelly as the Chair Pro-tem for 2013, and authorize him to buy and sell real estate in the absence of the Chair upon approval of the Board.

 

Motion carried 3-0.

 

Posting of Meetings:

 

M O T I O N

 

Commissioner Donnelly moved to approve the resolution designating the public place in which notice is posted regarding meetings of the Board of County Commissioners.

 

Motion carried 3-0.

 

Responsibility for Receiving Problem Solving Request:

 

M O T I O N

 

Commissioner Gaiter moved that the Board appoints the Board Chair, Commissioner Johnson, as the person responsible for receiving and reviewing any formal problem solving requests filed by direct reports to the County Manager or County Attorney.

 

Motion carried 3-0.

 

3.   APPROVAL OF MINUTES FOR THE WEEKS OF DECEMBER 24 AND 31, 2012:

 

M O T I O N

 

Commissioner Donnelly moved to approve the minutes for the weeks of December 24 and 31, 2012.

 

Motion carried 3-0.

 

4.   REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 16, 2013:   Ms. Hart

reviewed the upcoming schedule with the Board.

 

5.   CONSENT AGENDA: 

 

M O T I O N

 

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

 

01082013A001           BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS CONTRACT

 

01082013R002           FINDINGS AND RESOLUTION APPROVING THE KETCHER FARM GENERAL DEVELOPMENT PLAN, REZONING AND APPEALS

 

01082013R003           RESOLUTION REGARDING DEPOSIT OF 2013 FUNDS BY COUNTY TREASURER

 

01082013R004           RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS OF THE OFFICE OF THE DISTRICT ATTORNEY

 

MISCELLANEOUS:     Letter of support for the Red Feather Lakes Library application for the USDA Rural Community Grant; Department of Human Services payments for November 2012.

 

LIQUOR LICENSES:   The following liquor licenses were approved and/or issued: Sundance Steakhouse and Saloon – Hotel and Restaurant – Fort Collins.

 

Motion carried 3-0.

 

6.   DESIGNATION OF BOARD AND CCI COMMITTEE ASSIGNMENTS FOR 2013:   Mr. Gluckman briefly discussed with the Board the changes of responsibilities from 2012 assignments.

 

M O T I O N

 

Commissioner Donnelly moved to approve BCC Policy #P01082013P001 Board of County Commissioners Division of Responsibilities.

 

Motion carried 3-0.

 

01082013P001            BOARD OF COUNTY COMMISSIONERS DIVISION OF RESPONSIBILITY

 

7.   MENTOR MONTH PROCLAMATION: Ms. Ulrich-Jones and Ms. Carrier discussed the benefits of Larimer County’s Oasis Mentor Program with the Board and requested the Board adopt the proclamation as a reminder of the importance of mentors in the community.

 

Commissioner Gaiter read the proclamation aloud.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners proclaim the month of January, as Mentor Month.

 

Motion carried 3-0.

 

8.   WORKSESSION:  Ms. Hoffmann reported that the city of Greeley is applying for a Grant application to the Colorado Watershed Restoration Program. The city is seeking money to help with restoration in the High Park Fire and Hewlett Gulch Burn areas and are requesting a letter of support from Larimer County.

 

The Board agreed to send a letter of support.

 

9.   COMMISSIONER ACTIVITY REPORTS:   The Board shared their activities and events attended during the past week.

 

10.   LEGAL MATTERS:   There were no legal matters to discuss.

 

The meeting adjourned at 11:20 a.m., with no further action taken.

 

THURSDAY, JANUARY 10, 2013

 

TRANSFER OF OWNERSHIP

LIQUOR LICENSE HEARING

FOR SWING STATION

 

The Board of County Commissioners met at 9:30 a.m. with Linda Connors, Senior County Attorney.    Chair  Pro Tem Donnelly presided and Commissioner Gaiter was present. Also present were:  Heather Allshouse, applicant; Sergeant John Feyen, Sheriff’s Department; and Gael Cookman, Deputy Clerk.

 

Ms. Connors explained that the hearing was necessary, as the applicant failed to disclose all her convictions on her individual history record. 

 

Ms. Cookman placed the applicant, Ms. Allshouse, under oath and then Ms. Connors asked her a series of questions pertaining to the conviction that was not previously disclosed.  Ms. Allshouse explained that she was caught-up in a marijuana bust in a hotel room with friends back in 2007, and that she did serve time for this.  She noted that she did not fail to include this on purpose, but that she was waiting for the report back from the state of Wyoming so she could put down the exact dates.  Much discussion ensued.

 

Ms. Connors asked if anyone wished to speak in opposition to the application and Glenn Johnson was placed under oath. He addressed the Board regarding the noise coming from the establishment and hoped that the new applicant would be able to control that better.  Ms. Connors asked if Mr. Johnson was opposed to Ms. Allshouse becoming the new owner of the establishment, and he replied that he was not opposed to that, only the noise.

 

Sergeant Feyen was put under oath next, and he stated that the Sheriff’s Department did respond to a noise complaint back in August 2012, but that Ms. Allshouse has taken measures to rectify that situation.   Sergeant Feyen stated that he would support the transfer of ownership of Swing Station to Ms. Allshouse.

 

The Board agreed to give Ms. Allshouse the opportunity to assume responsibility of this establishment. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the transfer of ownership of the Swing Station Tavern, located at 3311 W County Road 54G, LaPorte, Colorado.

 

Motion carried 2-0.

 

The hearing adjourned at 10:15 a.m.

 

 

 

 

 

__________________________________________

STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Dana S. Bouchard, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk