Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 25, 2001

LAND USE HEARING

(#50)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jim Reidhead, Director of the Rural Land Use Center; Al Kadera, and Sean Wheeler, Planner II; Rich Grossman, Health Specialist; Doug Ryan, Environmental Planner; Traci Downs and Kristi Coleman, Engineering; Brian Treu, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated the following item is consent and would not be discussed unless requested by the Board of members of the audience.

1. WILDFIRE HAZARD MAPS: WILDFIRE HAZARD AREA

This is a request to adopt the new Wildfire Hazard Maps for inclusion in the Technical Supplement to the Land Use Code.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve and adopt the Wildfire Hazard Maps for inclusion in the Technical Supplement to the Land Use Code

Motion carried 3 - 0.

Mr. Grossman requested that item #4, Ray Hall/Solid Waste & Zoning Violation be tabled to July 23, 2001 at 3:00 p.m. to allow the property owner addition time for cleanup.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners table the Ray Hall/Solid Waste & Zoning Violation to July 23, 2001 at 3:00 p.m..

Motion carried 3 - 0.

2. WARNER REVISED PRELIMINARY RURAL LAND PLAN: 28-10-69; GENERALLY LOCATED SIX MILES NORTH OF WELLINGTON AND TWO MILES WEST OF I-25, AT THE INTERSECTION OF COUNTY ROAD 9 AND THE HISTORIC COUNTY ROAD 76 RIGHT-OF-WAY.

This is a request to to divide 80 acres into 3 single-family residential lots plus a farmstead accessory dwelling on approximately 15 acres and 65 acres of private residual land protected from further development for a minimum of 40-years. Staff finds that this proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Warner Preliminary Rural Land Plan is based on 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Conservation values of the residual land, including preservation of open space; 3. Careful location of residences; 4. The plan is generally compatible with the existing neighboring land uses; 5. Staff and the applicant concur with County Engineering that there is an existing County ROW along this section of CR 76. Staff also supports the request to place a temporary gate at the half-way point between CR 9 and CR 7 provided that the County Attorney approve provisions in the project Development Agreement to adequately address the removal of the gate when the road is improved for through traffic per County standards; 6. Staff supports the request to remove the sprinklering requirement (requirement 5.a) for Mr. Warner's mother's existing modular residential unit, with the provision that any new residences, whether modular or "stick-built", be sprinklered. The Rural Land Use Process section of the Larimer County Land Use Code (Section 5.8.6. Principles, D. Development Standards) states: "...the standards that are applied to development under the Rural Land Use Process will be those necessary for public health, safety and welfare, and any which are imposed on 35 acre developments under other regulations. Staff support for this requirement modification is based on the flexibility allowed by this code language relating to development standards, the property's proximity to the Wellington Fire Station, and the fact that current County building regulations do not require sprinklering.

Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current O-Open zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports that this is an appropriate project.

The site-based incentives (1 density bonus units) are allowed under the Administrative Rural Land Use Process.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are 1. Protection from further development on residual land; 2. Preservation of open space and existing ag operation; 3. Transportation Capital Expansion fees received from the project; 4. School and park fees received from the project; 5. Fewer residences than likely allowed through subdivision process; 6. Ability to influence design of project.

Staff recommendation is approve the Warner Revised Preliminary Rural Land Plan. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners 1. Internal road design and other engineering requirements, including utilities, roads, right-of-way dedication, storm water plan, and erosion control plan, shall meet minimum design standards set forth in Appendix G of the Larimer County Road Manual. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado with review and approval by County Engineering Department. Internal roads shall be dedicated and conveyed for public use; 2. If Public water will be provided for this project, a letter of commitment from Northern Colorado Water Association must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code; 3. The residual land protective covenant and management plan must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 4. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 5. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase a) Automatic fire protection sprinklers are required for all new residential structures or written permission for variance from this requirement shall be obtained from the fire district. However, this requirement shall not apply to Mr. Warner's mother's existing modular residential unit; b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; c) Engineered footings and foundations are required for new residential construction; d) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; e) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; f) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; g) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; h) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; i) Larimer County has adopted a Right to Farm Resolution; j) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fee (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; k) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor (form available from the Larimer County Planning Department). If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; l) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; m) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; n) The owners of the residual land parcel shall be responsible for providing a monitoring report for the residual land to Larimer County Rural Land Use Center; o) A temporary unlocked gate, half-way between CR 9 and CR 7 at the Warner property's eastern boundary, may be installed provided that the County Attorney approves provisions in the project Development Agreement to adequately address the removal of the gate when the road is improved for through traffic per County standards.

Mr. Reidhead stated this item was removed from the consent agenda on June 4th, 2001 to discuss two issues. The applicant is requesting to be allowed to install an unlocked gate across the access road, which is within the County Right-of-Way (ROW), and conditions pertaining to the gate would be adequately addressed within the project Development Agreement. The applicant is also requesting that condition 5a, regarding sprinklering, be removed.

Commissioner Bender asked if safety reasons were why the Engineering Department is not in support of the gate. Mr. Reidhead replied that the access to be gated is within the County ROW, however the applicant has agreed not to lock the gate and noted that there is no cattle guard and the gate will keep the livestock within the adjacent property.

 

 

M O T I O N

Commissioner Gibson moved that condition 5a be removed from the conditions of approval.

Mr. Warner requested the gate be allowed but not locked and noted a gate currently exists and is usually left open. After a rain, Mr. Warner continued, kids with 4-wheel drive vehicles dig up the road, which is maintained at his expense. Mr. Warner agreed to bring the western 1/2 of the road to County Appendix G standards and acknoledges the ROW is public.

Chair Rennels asked why Engineering is not in favor of the gate and Ms. Downs stated that the access is a numbered County Road ROW and is treated like any other county road, which means no gates. Commissioner Bender stated the applicant argues that it is a public access but is privately maintained.

Chair Rennels noted Commissioner Gibson's motion regarding 5a is still on the table and Commissioner Bender asked to modify the motion to exclude the applicant's mother's existing mobile home from being sprinklered and reiterated that all other new homes will be required to be sprinklered. Commissioner Gibson accepted this modification and Chair Rennels noted that the applicant could also apply for a waiver of this requirement.

The motion now being voted on states: Automatic fire protection sprinklers are required for all new residential structures, whether modular or stick built, excluding Mr. Warner's mother's existing modular residential unit or written permission for a variance from this requirement from the fire distrct.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that staff finding #5 regarding the gate and provisions for such being addressed within the Development Agreement be added as a condition of approval.

Motion carried 3 - 0.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Warner Revised Rural Land Plan as modified and outlined above.

Motion carried 3 - 0.

 

3. IRIS HILL CONSERVATION DEVELOPMENT, PRELIMINARY PLAT AND AN APPEAL TO SECTION 8.14.2.F. OF THE LAND USE CODE: 35-09-68: APPROXIMATELY 1 MILE EAST OF INTERSTATE 25, ON THE NORTH SIDE OF COUNTY ROAD #62

This is a request for a Preliminary Plat for a Conservation Development to divide 36.27 acres into three lots for single family residential uses. One residence currently exists at the site. The applicant also seeks to appeal Section 8.14.2.F. of the Land Use Code. Staff recommendation is approval of the Iris Hill Conservation Development Preliminary Plat with the following conditions 1. The Final Plat of the Iris Hill Conservation Development shall be consistent with the information contained in the file, #00-S1642 or as modified by conditions of approval; 2. As part of the Final Plat application, the applicant shall comply with the requirements of the Office of the State Engineer, Water Resources Division and supply them with a "Water Supply Information Summary" completed by the Northern Colorado Water Association for review and approval by the State Engineer; 3. The applicant shall provide a Development Agreement and Disclosure Affidavit for approval by Staff and signature by the Board of County Commissioners. Both documents shall make note of the existence of the Medicine Bow Pipeline and the requirements of the Sinclair Pipeline Company, which owns the line; 4. The applicant shall contact the Welling Fire District for review and approval of the plan to provide one point of access into the Conservation Development. The applicant must also comply with all requirements of the Fire District in addition to the standards provided in Section 8.1.4 of the Land Use Code; 5. The applicant shall revise the Covenants to address the concerns raised by the State Division of Wildlife and those of the Sinclair Pipeline Company. Staff also recommneds approval of the request to appeal Section 8.14.2. (Development Design Standards) Subsection F. of the Land Use Code, requiring a second point of access, for the Iris Hill Conservation Development #00-S1642.

Mr. Doug Anderson, the applicant, stated that he is in agreement with the staff recommendations as presented.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Iris Hill CD as presented and outlined above.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioner approve the appeal to Section 8.14.2 Subsection F of the Land Use Code, which requires a second point of access.

Motion carried 3 - 0.

5. SANDERSON TRASH VIOLATION: 2912 LOCH LOMOND DRIVE, LAPORTE

This is an alleged violation that the conditions at the site are in violation of Colorado Revised Statues 25-1-613 and Colorado Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. as amended. Staff findings are 1. The garbage and debris pose a threat to public health; 2. The existing conditions on the property are in violation of the Colorado Revised Statutes 25-1-613 and Colorado Solid Waste Disposal Sites and Facilitates Title 30, Article 20, Part 1, C.R.S. as amended. Staff recommendation is to find that the violations exist, require compliance within 10 days, and authorize legal action if the deadline is not met.

Mr. Grossman stated that staff recently became aware of a zoning violation on the property in addition to the trash violation. The zoning violation pertains to an occupant in an unlicensed RV and unlicensed/inoperable vehicles. Ms. DeLude noted that the property owners have not been notified on this zoning violation at this time and submitted revised staff recommendations.

Mr. and Mrs. Roberts, adjacent property owners, asked for the Board's assistance in cleaning up this property and noted that the owners appear to have recently abandoned the home but that the tenant is still living in the RV.

Mr. Treu suggested the timeframes contained within the staff recommendations all state 10 days based on the neighbors' testimony. Mr. Helmick expressed concern with reducing the timeframe since the property owner has not been notified of the zoning violations. Ms. DeLude concured and requested recommendations 3 & 4 remain at 30 days in order to comply with the code and the Board concurred.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners 1. Find a violation exists; 2. Require compliance within 10 days for the garbage and debris. Compliance would require removal of all garbage and debris; 3. Require compliance within 30 days for the unlicensed and inoperable vehicles/trailers. Compliance would require the unlicensed/inoperable vehicles be made licensed/operable, or removed; 4. Require that nay occupancy of the travel trailer be terminated within 30 days of this hearing; and 5. Authorize legal action if these deadlines are not met.

There being no further business, the hearing was adjourned at 4:15 p.m.

 

 

 

 

 

 

TUESDAY, JUNE 26, 2001

ADMINISTRATIVE MATTERS

(#51)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Ralph Jacobs, Director of Human Resources; Ernie Marx, Larimer County Cooperative Extension; Carol Block, Director of Finance; Terry Bryant, Chief Accountant; Melinda Keen, Commissioner's Office; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 18, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of June 18, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JULY 2, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the schedule for the week of July 2, 2001 as submitted.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the consent agenda for the week of June 25, 2001:

A01-91 COOPERATIVE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE, ROCKY MOUNTAIN NATIONAL PARK SERVICE, AND LARIMER COUNTY YOUTH CONSERVATION CORP

C01-32 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING CO FOR 2001 RESURFACING PROGRAM

R01-98g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

R01-99g RESOLUTION APPOINTING GARY BUFFINGTON AS DIRECTOR OF PARKS AND OPEN LANDS

MISCELLANEOUS: Form 5500 Annual Return/Report of Employee Benefit Plan; Amended Plat of Lot 1 Cotton Willow Estates 6th Filing and Lots 4A and 5A of the Amended Plat of Lots 4 & 5 Cotton Willow Estaes 6th Filing and also a part of the SE 1/4 of 30-08-69; Amended Plat of Lots 12 - 14 Fort Collins Community Airpark Subdivision.

Motion carried 3 - 0.

5. DISASTER MORTUARY OPERATIONS RESPONSE TEAM POLICY WAIVER 2001: Mr. Jacobs noted a request from the Sheriff's Department for waiver of county policy to allow Mr. Douglas Kelly to continue participation in the federal Disaster Mortuary Operations Response Team (DMORT). Mr. Jacobs stated that County policy was waived for Mr. Kelly while he was employed with the Coroner's Office, and that when Mr. Kelly transferred to the Sheriff's Office, the previous waiver did not transfer with him. Mr. Jacobs noted that Mr. Kelly would be on-call for the Rocky Mountain Region.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a waiver of County policy to facilitate Mr. Douglas Kelly's continued participation in DMORT.

Motion carried 3 - 0.

6. INFORMATION ON LAND EVALUATION AND SITE ASSESSMENT: Mr. Marx provided the Board with the Land Evaluation and Site Assessment (LESA) timeframe in order to meet an August 17, 2001 deadline for Great Outdoors Colorado (GoCo) funding. Mr. Marx also provided the Board with a suggested list of invitees to an orientation on LESA and noted that the list is extensive, making it a must to keep the proposed timeline in order to get the GoCo funding.

Commissioner Gibson asked if the timeline is realistic and Mr. Marx stated that it will be tough but the intention is to meet or beat the timeline.

Chair Rennels asked if the Board is willing to support the orientation from the Board's Special Projects Fund if the timeline is not met?

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners support the LESA timeline and if necessary, provide up to a maximum of $2000 from the Board's Special Projects Fund if the deadline is not met.

Motion carried 3 - 0.

The Board reviewed and commented on the list of invitees.

7. PRESENTATION OF 2000 COMPREHENSIVE ANNUAL FINANCIAL REPORT: Ms. Bryant introduced Ms. Block and Mr. Allen Holberg. Mr. Holberg is from the Anderson & Whitney Accounting Firm. Mr. Holberg reviewed the audit report and explained the financial status of Larimer County with the Board.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the 2000 Comprehensive Annual financial Report.

Motion carried 3 - 0.

8. EXECUTIVE SESSION:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:10 a.m. for a personnel matter.

Motion carried 3 - 0.

Executive session ended at 10:20; the following action was taken:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve converting Kurt Hayhurst to a three month limited term Accountant II; contingent on a vacancy being created by a current employee's medical disability.

Motion carried 3 - 0.

9. APPOINTMENTS AND RE-APPOINTMENTS TO BOARDS AND COMMISSIONS: Ms. Keen reviewed appointments and re-appointments to the Community Corrections Advisory Board (CCAB) and the Rural Land Use Board (RLUB) as follows: CCAB- all are re-appointments for two-year terms July 1, 2001 - June 30, 2003-Laurie Barnhill; Roland Gilmore; Ann Harbour; Clifford Riedel; Judith Schalles; and Steve Schapanski. RLUB- Tom Maloney- appointment- three years- June 30, 2001 - June 30, 2004 and Harry Sauer- re-appointment- three-years- July 01, 2001- June 30, 2004.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the appointments and re-appointments to the Community Corrections Advisory Board and the Rural Land Use Board as presented.

Motion carried 3 - 0.

10. WORK SESSION: Ms. Hart informed the Board that the County purchases tickets for a Colorado Rockies baseball game each year and offers them to employees at cost. A bus, Ms. Hart continued, is chartered for approximately $475 to encourage carpooling and asked if the Board is interested in appropriating funds for the bus.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve funds from the Commissioner's Special Project Fund to charter a bus for the August 4, 2001 Colorado Rockies baseball game.

Motion carriec 3 - 0.

11. COMMISSIONER REPORTS: Commissioner Bender stated that he attended the Affordable Housing meeting and discussed barriers contained in the Land Use Code making affordable housing within unicorporated Larimer County difficult. Chair Rennels suggested Commissioner Bender present the issue to the Land Use Code Monitoring Committee.

Commissioner Gibson stated that he attended a Land Trust breakfast held at the MacGregor Ranch. Commissioner Gibson also spent some time looking at and learning about "sludge" land application sites within the County.

Chair Rennels noted her involvement in the Intergovernmental Relations Committee for the State of Colorado at which discussions pertaining to Legislation vs. the County's ability, or inability, to do things the way they feel is most beneficial. Chair Rennels asked the Board to develop a "wish list" of State regulations, which inhibit the County's desires. Chair Rennels also noted that she and Mr. Lancaster would be traveling to Bend, OR to review a model "Kids in Crisis" program.

12. LEGAL MATTERS: Chair Rennels stated that the Board would be going into executive session for legal advice after a conference call involving the County Attorney has ended. The Board recessed at 10:35 a.m. and reconviened at 11:55 a.m.

EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:55 a.m. for legal advice.

Motion carried 3 - 0.

Executive session ended at 1:10 p.m.; no action was taken.

PUBLIC HEARING

ACCESS TO COUNTY ROAD 54-DOUGLAS ROAD

(#52)

The Board of County Commissioners met with Marc Engemoen, Director of Public Works; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Mark Peterson, County Engineer and Jean O'Connor, Clerk to the Board.

Mr. Engemoen stated the reason for the hearing is for the Rutherford's to appeal to the Board for a second access to their property off County Road 54 (CR54) a.k.a. Douglas Road. Mr. Engemoen provided a cronological order of four previous denials of this request by staff. Neighbors, Mr. Engemoen continued, notified the County that the Rutherford's were accessing the southwesterly portion of their property via CR54. Staff observed that the Rutherford's trash is also being picked up at the unauthorized access. Since the property owner was notified that an access permit would not be issued prior to the commencement of construction for the barn, Mr. Engemoen expressed concern if the Board decided to issue the access permit, that the other properties along CR45 would also come in requesting an access permit. Safety is a major concern, noted Mr. Peterson as well as setting a precident.

Mr. Doug Konkel, attorney for the Rutherford's stated that a culvert at the access in question is existing and that his clients did not just go out and build an access. Mr. Konkel stated the access should be "grandfathered" or at most, his clients should only be required to bring the access up to current standards.

Mr. Engemoen said that he believed the Cimarron Lake Subdivision approved in 1993, contained a condition of approval that access to the subdivision would be via internal roads only. It was expressly noted in a letter from the Engineering Department that no access shall be granted off any of the County Roads fronting the subdivision. Mr. Engemoen also noted that the requested access does not comply with the adopted County Assess Policy, which was in affect at the time of approval of the subdivision, nor is the access noted on the application for a building permit for the barm. Mr. Engemoen contended that the property owner was made aware that no access would be approved before constructionon the barn commenced.

Commissioner Bender noted that if an access existed prior to development of the site, it was abandoned once the site was re-platted. Chair Rennels asked how many sites front CR 54 and Mr. Engemoen note four sites. Commissioner Gibson expressed concerns with accesses on the steep slope of CR54 and safety.

Much discussion ensued regarding potential solution to the Rutherford's "prescriptive use" rights to the access and whether or not the access is/should be grandfathered.

Ms. Maureen Smith, attorney for the Rutherford's stated that there is no way to bring a horse trailer to the barn via the front of the house. Mr. Konkel stated that the homes were sold as horse properties, but due to the location of the home on this site, the barn can not be accessed.

Mr. Konkel stated that the access is a property right and historical prescriptive use, which the County can not deny his cleint and stated that a compromise or agreement should be reached to avoid going to court. Mr. Konkel agreed that granting the access could adversely set a precedent with other properties, and suggested the Board deny the request for an access permit, but then allow his client to negotiate an agreement with the County Attorney for limited access. Mr. Konkel further noted that his client is willing to vacate two other historic prescriptive use accesses on the property if the Board agrees the appeal.

Discussion ensued regarding the Rutherford's property and the new resident currently being built on the site east of their property and if a shared access between the two sites could be achieved. Commissioner Gibson noted that he would like to visit the site again before making a final decision. Chair Rennels suggested Mr. Konkel and his client pursue the possibility of a shared access with the adjacent builder.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Rutherford Access to CR54 Appeal to July 31, 2001 at 1:30 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 2:45 p.m.

 

 

 

 

 

 

 

__________________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

 

 

MYRNA J RODENBERGER

CLERK & RECORDER

 

(S E A L)

 

 

A T T E S T

 

 

_________________________________

Jean M. O'Connor

Clerk to the Board

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.