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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 6, 2014

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner.  Chair Johnson presided and Commissioner Donnelly was present. Also present were: Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Samantha Mott, Planning Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance, and explained that the two items on today’s agenda are on consent and will not be discussed unless requested by the Board, staff, or members of the audience:

 

1.          LETITIA LAKE AMENDED PLAT OF LOTS 7, 10, 11, 12-15 AND A PORTION OF LOTS 8 & 9, BLOCK 3, AND LOT 12, BLOCK 4 AND EASEMENT VACATION, FILE #13-S3187:   This is a request for an Amended Plat in the Letitia Lake Subdivision in order to combine nine platted lots (Lots 7, 10, 12, 13, 14, 15, and a portion of Lots 8 and 9, Block 3, and Lot 12, Block 4 in the Letitia Lake Subdivision) and three metes and bounds parcels to create a total of four lots.  The three metes and bounds parcels were all formerly a part of the Mary Quaintance Estate but have been deeded over to the owners of the adjacent lots in the Letitia Lake Subdivision prior to this Amended Plat.  In order to expand the size of the proposed lots and to avoid creating a lot with an access road through the middle of it, an access easement will also be vacated.

 

The following Larimer County agencies have provided comments on this amended plat, but no objections were stated:

 

·  The Larimer County Department of Health and Environment

·  The Larimer County Engineering Department

·  Brian Helminiak, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat.

·  The Larimer County Addressing Coordinator

·  The Larimer County Code Compliance Section

 

The proposed amendment to Lots 7, 10, 12, 13, 14, 15, and a portion of Lots 8 and 9, Block 3, and Lot 12, Block 4, Letitia Lake Subdivision, combining a total of 9 lots and 3 metes and bounds parcels into four lots, and to vacate an access easement will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends Approval of the  Amended Plat of Lots 7, 10, 12, 13, 14, 15, and a portion of Lots 8 and 9, Block 3, and Lot 12, Block 4, Letitia Lake Subdivision and a portion of the NE ¼ of Section 27, Township 10 North, Range 73 and the vacation of a 15 foot access easement, File #13-S3187, to reconfigure the lots 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 6, 2013, or this approval shall be null and void.

 

2)    Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

3)    The Final Plat shall be revised to include a signature block for Mary Jane Fast Trustee of the Delbert L. Fast and Mary Jane Fast Living Trust.

 

4)    Prior to recordation of the Final Plat the applicant shall revise the Certification of Ownership and Dedication and the Surveyor’s Certificate to match the title of the plat by including “and a portion of the NE ¼ of Section 27, Township 10 North, Range 73”.

 

5)    The vacation of the utility 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.

 

2.         GAGLIARDI APPEAL, FILE #13-G0256:   This is a request for an appeal to Section 4.3.10.H.1.b of the Larimer County Land Use Code to allow an attached accessory living area to not have a 12 foot contiguous wall with a doorway connecting living space of the dwelling to living space of the accessory dwelling

 

This property has an existing single family dwelling with an attached two-story garage.  The applicant is proposing to use the already constructed second story of the attached garage as an accessory living area.  Attached accessory living areas are uses allowed by right in the Land Use Code provided they meet the Code requirements.  The only entrance to the area above the garage that would be used as the accessory living area is through the garage.  There is no connection between the living space in the single family dwelling and the proposed accessory living area which is a requirement in the Code for attached accessory living areas, therefore the applicant is seeking an appeal to this requirement.

 

The applicant is requesting an appeal of Section 4.3.10.H.1.b of the Larimer County Land Use Code. 

Section 4.3.10.H.1.b states in part that an addition to a single-family dwelling to accommodate an accessory living area must be architecturally compatible with the existing structure, and at least 12 feet along one wall of the accessory living area must be contiguous to a wall of the single-family dwelling with a doorway that allows passage between the single-family dwelling and the accessory living area. This door must connect to the living area in the dwelling.  The access to the second-story of the attached garage is through the garage and the connection does not allow passage from living area to living area.

 

The other requirements for an attached accessory living area will be met.  The single-family character of the property is maintained by providing one main entrance to the structure and one set of utility meters and one address for the property.  The total square footage of the accessory living area will not exceed 40 percent of the total square footage of the single-family dwelling or 800 square feet, whichever is less.  It will be used solely for guests of the occupants of the single-family dwelling and the accessory living area must not be rented or leased separately from the single-family dwelling.

 

The Development Services Team finds the request meets the review criteria of Section 22.2.3 as outlined in the Land Use Code.

 

No objections have been received from any referral agencies but staff did receive one phone call in opposition to this request. 

 

·  The Department of Health and Environment has indicated that the property is served by a septic system.  The property has a septic system that is sized for four bedrooms.  If the accessory dwelling will bring the total bedrooms above four it may be necessary to expand the sewer system.  They will look at this during the building permit review.  The applicants have indicated that the accessory dwelling represents the fourth bedroom and that this was anticipated in 2008 when the house was built.

·  The Code Compliance Section has indicated that if the appeal is granted, the owners will need to obtain the required building permit and inspection approvals.

·  The County Engineering Department has stated no objections to the requested appeal.

·  The Larimer County Building Department has indicated that a building permit is required for this project.

·  The Division of Water Resources has indicated that the well must be used in accordance with all conditions of approval identified on Permit No. 66645-F and that the accessory living area cannot be used as a second single-family dwelling space nor can it be rented or leased to any other parties.  A building that does not create water demands other that what would exist in the course of normal residential activities is acceptable.  The DOW would consider the use of the accessory living area for those providing a service on site in exchange for their residency to constitute a second single-family and would require a new well permit to be obtained for the existing well in order to serve both structures.  The applicants did not indicate any intention of using the accessory dwelling unit in this manner so as long as the conditions are complied with, the use is allowed under the current permit and the DOW has no objection to the use of the well for the attached accessory living area.

 

The Development Services Team recommends approval of the Gagliardi Appeal, File #13-G0256, subject to the following condition(s):

 

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 496 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 accessory living area is to be used solely for the guests of the occupants of the single-family dwelling.

 

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

 

6.   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.

 

7.   The applicant must comply with the requirements of the Division of Water Resources as identified in the letter written by Tracy L. Kosloff dated December 10, 2013.

 

 

M O T I O N

 

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

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 3:05 p.m.

 

 

TUESDAY, JANUARY 7, 2014

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Neil Gluckman, Deni LaRue and Donna Hart, Commissioners’ Office; Rusty McDaniel, Engineering Department; Todd Boldt, Natural Resources Conservation Service; David Ayraud, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting up to public comment giving citizens the opportunity to address the Board of Commissioners with events and issues pertaining to Larimer County.

 

Chair Johnson then led the Pledge of Allegiance.

 

1.         BOARD REORGANIZATION FOR 2014: 

 

  • Appointment of the Chair:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners appoint Tom Donnelly as the Chair for 2014, and authorize him to buy and sell real estate upon approval of the Board.

 

Motion carried 3-0.

 

  • Appointment of the Chair Pro-tem:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners appoint Lew Gaiter as the Chair Pro-tem for 2014, 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 the Meetings:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the resolution designating the public place in which notice is posted of meetings of the Board of County Commissioners.

 

Motion carried 3-0.

 

01072014R002           RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

 

  • Responsibility for Receiving Problem Solving Request:

 

M O T I O N

 

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

 

Motion carried 3-0.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 30, 2013: 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of December 30,  2013, as presented.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 13, 2014 :  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 following items, as listed on the consent agenda for January 7, 2014:

 

01072014A001           LARIMER COUNTY CRIMINAL JUSTICE SERVICES DIVISION CONTRACT #2014.001 FOR SERVICES WITH TOUCHSTONE HEALTH PARTNERS

 

01072014A002           INTERGOVERNMENTAL AGREEMENT REGARDING THE LOCATION OF THE LARIMER COUNTY OFFICE BUILDING DOWNTOWN LOVELAND

 

01072014A003           LARIMER COUNTY CRIMINAL JUSTICE SERVICES DIVISION CONTRACT #2014.002 FOR SERVICES WITH NORTH RANGE BEHAVIORAL HEALTH

 

01072014R001           RESOLUTION REGARDING DEPOSIT OF 2014 FUNDS BY COUNTY TREASURER

 

LIQUOR LICENSES:  The following licenses were issued and/or approved:  Poudre Spirits & Wine – Retail Liquor Store – Bellvue; Windjammer Liquors – Retail Liquor Store – Loveland.

 

Motion carried 3-0.

 

5.         DESIGNATION OF BOARD AND CCI COMMITTEE ASSIGNMENTS FOR 2014:   Mr. Gluckman noted that the Board assignments are not changing, but that the Emergency Management Title III Committee still needs a representative and that Commissioner Gaiter is interested in serving on this committee. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve BCC Policy 01072014P001, Board of County Commissioners Division of Responsibilities, to approve the CCI Steering Committee Assignments, and appoint Commissioner Gaiter to the Emergency Management Title III Committee.

 

Motion carried 3-0.

 

6.         COUNTY MANAGER WORKSESSION:              Ms. Hoffmann, Mr. McDaniel, and Mr. Boldt explained there is a need to do some work on stream corridor banks stabilized prior to the spring run-off.  The state will split the local match and the County share will be approximately $500,000.  Mr. Boldt explained how and where the work would be accomplished, and noted that it would include debris removal, bank reconstruction and stream bank stabilization.  Ms. Hoffmann stated that this money will come from already approved expenditures by the Board, but she wanted to update the Board prior to spending this money.  (No action was taken on this item.)

 

7.         COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their involvement at events during the previous week.  During this time Chair Donnelly presented a proclamation honoring the 100th Anniversary of the Namaqua Chapter National Society Daughters of the American Revolution and asked for approval on the same.  Commissioner Johnson read the proclamation aloud.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners proclaim the week of January 5, 2014, though January 11, 2014, as Namaqua Chapter NSDAR Century of Service Week.

 

Motion carried 3-0.

 

8.         LEGAL MATTERS:  Mr. Ayraud requested that the Board go into executive session in order to discuss the possibility of authorizing a protective order on their policies and procedures.

 

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.

 

The Board came out of executive session and no further action was taken.

 

The meeting adjourned at 9:45 a.m.

 

 

 

 

 

_______________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

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