MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 8, 2001

LAND USE HEARING

(#102)

The Board of County Commissioners met with Larry Timm, Director of Planning; chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Sarah Flick and Doug Ryan, Environmental Planners; Karin Knauf, Planner I; Claudia DeLude, Code Enforcement Officer; Matt Lafferty, Planner II; Roxann Hayes, and Christie Coleman, Civil Engineers; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Pro-Tem Gibson stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

1. FISH CREEK PARK, NEW STREET NAME: PORTIONS OF SECTIONS 24, 25, 26, 27, TOWNSHIP 7N, RANGE 71W; MAIN ROAD IS LOCATED OFF OF WEST SIDE OF BUCKHORN ROAD (CR 27), APPROXIMATELY ONE MILE NORTH OF POLE HILL ROAD. TWO MINOR SPUR ROADS BRANCH OFF THE MAIN ROAD.

This is a request to name three existing, unnamed streets that will serve a subdivision of 35-acre parcels (lots). Staff recommendation is approval of the following street names - Moondance Way, Vortex Drive, and Hawk Valley Drive - for Portions of Sections 24, 25, 26, 27, Township 7N, Range 71W, File #01-S1836, as proposed by the Fish Creek Park Association.

2. SOUTH NOKOMIS LAKE BLOCK 12 LOTS 12-17 AMENDED PLAT AND EASEMENT VACATION: SW 1/4 OF SECTION 21, TOWNSHIP 10, RANGE 73 WEST; IN THE SOUTH NOKOMIS LAKES SUBDIVISION NORTH OF THE INTERSECTION OF COUNTY ROAD 179 AND NOKOMIS ROAD, AT 56 ONOWA #3.

This is a request for an amended plat to combine lots 12-17 and to vacate the access easement on the southern perimeter of the property. Staff recommendation is approval of the proposed South Nokomis Lake Subdivision, Block 12 Lots 12-17 Amended Plat and Easement Vacation with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of 8/31/01 from Dale V. Greer, Professional Land Surveyor; 2. All conditions shall be met and the Final Plat recorded by April 8, 2002 or this approval shall be null and void.

  1. SPRING GULCH 2ND LOT 25 EASEMENT VACATION: SW 1/4, SECTION 35, TOWNSHIP 4N, RANGE 71W; LOCATED AT 590 PIONEER ROAD IN SPRING GULCH RANCH ESTATES.

This is a request to vacate a portion of a utility easement for the purpose of building a garage on the lot in the area of the easement. Staff recommendation is approval of the proposed utility easement vacation of Lot 25, Spring Gulch 2nd, File #00-S1838.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Fish Creek Park Road Street Name Change #01-S1836; South Nokomis Lake Block 12 Lots 12-17 Amended Plat and Easement Vacation #01-S1833; and Spring Gulch Ranch Estates Lot 25 Easement Vacation #01-S1838 as presented and outlined above.

Motion carried 2 - 0.

5. SHREINER ZONING VIOLATION: 4719 N. HIGHWAY 287, LAPORTE, CO

Ms. DeLude stated that this property owner has submitted an application for a Special Exception and noted that this item has been removed from the agenda.

6. GOLGART ZONING VIOLATION: 7150 N. COUNTY ROAD 3, WELLINGTON, CO

This is an alleged violation of Section 4.1.5- Permitted uses in the O-Open zoning district. Storage of a singlewide mobile home is not a permitted use in the O-Open zoning district. A second dwelling, on a single parcel, is not permitted in the O-Open zoning district. A junkyard, by definition, is not a permitted use in the O-Open zoning district. Staff findings include 1. The property is zoned O-Open; 2. The O-Open zoning district does not permit outside storage; 3. The O-Open zoning district does not permit junkyards; 4. The O-Open zoning district does not permit second dwelling units; 5. The continued use of the property, in violation of the Land Use Code, will affect property values in the neighborhood. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance would require the singlewide mobile home be removed from the property; 3. Authorize legal action if the deadline is not met.

Ms. DeLude stated that the mobile home does not have hook-ups and noted that prior to moving it to this site, the trailer was condemned by the County Building Department.

Ms. Patricia Golgart, the property owner stated that she and her husband have been to the Planning and Building Departments several times over the past year, and each time someone else notifies them they need yet another document or drawing. Much of the delay, Ms. Golgart noted has been to her recent illness and stated that staff believes the structure can be converted but would not be safe according to the plans submitted by the Golgarts.

Chair Pro-Tem Gibson asked if the intent is for another residence or a barn and Ms. Golgart stated the intent is for a tack room and stalls.

Ms. Lafferty reiterated that Ms. Golgart had met with staff and discussions concluded that the structure could be remodeled into a "polebarn", but would require total destruction and rebuilding using much of the same materials in order to meet the Uniform Building Code. Ms. DeLude expressed concern that no building permit has been applied for and the owners' intentions remain unknown.

Ms. Golgart stated that she would need to speak with her husband before committing to the submission of a permit application within a specified period of time.

M O T I O N

Commissioner Bender moved to allow the property owner 60-days to submit a complete building permit application; if this deadline is not met, the Board finds a violation exists and requires compliance within 30 days of said deadline. Compliance requires the singlewide mobile home be removed from the property. The Board also authorizes legal action if the deadline is not met.

Motion carried 2 - 0.

4. KINCAID ZONING VIOLATION: 2599F BIG THOMPSON CANYON, DRAKE, CO

This is an alleged violation of the Land Use Code Section 4.1.5- A hotel/motel/resort cabin is not a permitted use in the O-Open zoning district. Special Exception approval is required by the Board of Adjustment for this use. Staff findings include 1. The property is zoned O-Open; 2. The O-Open zoning district does not permit hotel/motel/resort cabins, without the benefit of county approval; 3. The owners have agreed to cease the use, however the neighbors allege the use continues; 4. It is very difficult to confirm if the use has ceased, as staff is not able to determine when the house is/is not occupied with overnight guests. This has resulted in the neighbors doing more investigative work, which has escalated the situation; 5. The continued use of the property, in violation of the Land Use Code, will affect property values in the neighborhood; 6. The continued use of the property, in violation of the Land Use Code, has affected the neighbor's ability to enjoy their own properties. Staff recommendation is 1. Find that using a single family residence as a hotel/motel/resort cabin is a violation of the Larimer County Land Use Code; 2. Require compliance. Compliance would require that the property be used as a single family dwelling only; 3. Authorize legal action if the property is used for short-term rental (less than 30 days, to one party).

Ms. DeLude stated that she has spoken with the property owners and that they were unaware short-term rentals were not allowed. Ms. DeLude noted that the owners have agreed to cease and desist with short-term rentals and that the last paid reservation was Labor Day weekend.

Ms. John Kincaid, husband of the owner confirmed that the cabin was rented in 2000 several times but that they were unaware it was an illegal use and have since discontinued renting. Mr. Kincaid stated that family and friends are welcome at the cabin, which seems to be an ongoing problem with area residents.

Commissioner Bender asked if neighbors are notified when family and friends are going to be at the cabin and Mr. Kincaid replied that occasionally neighbors were notified and stated that quite frankly, it is none of their business.

At this time the hearing was opened for public comment and Mr. William Kipp, adjacent property owner stated that he has been surprised at the behavior and frequency of visitors to the Kincaid cabin and expressed concern with trespassing and the liability to other homeowners when the visitors trespass.

Ms. Karen Hass stated that she has no problem with "friends" staying at the cabin, but residents should not have to "police" the Kincaids' friends and that these friends/visitors are infringing on residents' quality of life.

Mr. Larry Pomquist, a former renter noted that this hearing is facetious and the neighbors should get a life.

Mr. Mike Denine, also a former renter stated that he was married a few weeks ago and out of state guests had received permission to stay at the cabin, which should have been OK. Mr. Denine stated that the other residents harassed these guests.

Mr. Dave Diser, the owners' son noted that he and his family have been very forthright with county staff and have not rented the cabin since being informed that that is an illegal use. Mr. Diser stated that he has allowed friends to stay at the cabin when in town, and that he should have the "right" to have friends to his home without other residents harassing and accosting them.

Mr. Frank Hass stated that when people stay at the Kincaid cabin, they have parked in the road and blocked others from getting to their homes. The visitors often fish illegally and leave trash outside and Mr. Hass clarified that this is a "catch and release" fishing area and is also bear country.

At this time the hearing was closed for public comment and Mr. Kincaid stated the hearing is a mute point since the cabin is no longer being rented and reiterated that he intends to continue allowing family and friends to use him cabin. Mr. Kincaid noted that this entire situation was a misunderstanding and stated that he would work with neighbors to be a good neighbor.

Commissioner Bender suggested the area residents consider forming a homeowner's association and stated that he does not believe a violation exists at this time; Chair Pro-Tem agreed.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find that the violation has been cured.

Motion carried 2 - 0.

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

TUESDAY, OCTOBER 9, 2001

ADMINISTRATIVE MATTERS

(#103)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Pro-Tem Gibson presided and Commissioners Bender was present. Also present were Shelley Steele, Office on Aging; Neil Gluckman, Assistant County Manager; Matt Lafferty, Planner II; Rob Helmick, Senior Planner; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENTS: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 1, 2001:
  3. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the minutes as presented for the week of October 1, 2001.

    Motion carried 2 - 0.

  4. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 15, 2001:
  5. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of October 15, 2001 as amended.

    Motion carried 2 - 0.

  6. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the following items be approved as presented on the consent agenda for October 9, 2001:

ACTION ITEMS: Approval of the revised "Other Assistance" policy for the Larimer County Works Program.

ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement are approved Burke; Frasor; KCNC TV4; Jolly; Novacek; Wade; and Wilson.

A01-148 EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR ENVIRONMENTAL MONITORING ON CATHY FROMME PRAIRIE

A01-149 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR PROJECT NH 2873-068- Berthoud By-Pass.

D01-20 DEED OF DEDICATION OF ADDITIONAL RIGHT-OF-WAY FOR PUBLIC USE FROM LEONARD L AND ROMA K JONES

R01-177g FINDINGS AND RESOLUTION ADOPTING THE 1997 UNIFORM FIRE CODE AND AMENDMENTS FOR THE WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT

R01-178g RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS FOR THE BERTHOUD BY-PASS

R01-179s FINDINGS AND RESOLUTION APPROVING THE GRAYBILL PUD BUSINESS CONDOMINIUM PHASE 1

R01-180s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW MEADOWS SUBDIVISION 9TH FILING

MISCELLANEOUS: Amended Plat of the Amended Plat of Lot 1 Saulcy MRD #94-EX0586 and a portion of the Warberg Exemption #43-74; Amended Plat of Lots 20 & 21, Glacier View Meadows Subdivision 9th Filing; and Graybill Planned Unit Development Business Condominiums.

LIQUOR LICENSES: The following licenses are approved Mexican Inn- 6%- Loveland, CO and Beaver Inn- 6%- Red Feather Lakes, CO.

Motion carried 2 - 0.

5. REQUEST TO DETERMINE IF A MINOR LAND DIVISION CAN BE PERFORMED TO CHANGE THE ILLEGAL STATUS OF A PROPERTY: Mr. Lafferty stated that staff believes this parcel of land was inadvertently created several years ago and that the current owner wishes to construct a home on the 5.6-acres. Mr. Lafferty noted that the County Minor Land Division process would make the parcels legal as well as allowing for evaluation of merits of the proposal such as access, sewer and fire protection.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Minor Land Division process to establish a lot owned by Joe and Lucy Mestas, Parcel #95264-00-008 as a legal lot.

Motion carried 2 - 0.

6. REQUEST TO CHANGE THE ILLEGAL STATUS OF A PARCEL OF LAND TO A LEGAL PARCEL OF LAND: Mr. Lafferty stated this situation is similar to the previous, however the lot size does not meet the minimum requirements of the Land Use Code. Mr. Lafferty noted that the lot was created in the 1960's between the grandfather of the current owner and another party as a result of a "barter". The Minor Land Division process, Mr. Lafferty continued would make the lot legal and allows staff to review the site for drainage, access, etc. The property owner would also be required to submit application to the Board of Adjustment for variances regarding lot size and setbacks.

Much discussion ensued regarding property that is "deeded" to an individual and how to notify the recipient that a deed does not necessarily constitute a legal buildable parcel.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve an exemption from the subdivision regulations to change the illegal status parcel #94260-00-003 to a legal lot subject to the applicant performing a Minor Land Division and submitting applicant to the Board of Adjustment to address lot size and setback issues.

Motion carried 2 - 0.

7. REQUEST TO REVISE FEES IN LIEU OF DEDICATION FOR THOMPSON SCHOOL DISTRICT: Mr. Helmick stated that Thompson R2J is requesting approval to increase fees in lieu of dedication from $446 to $688 per dwelling unit to be effective January 1, 2002. The effective date, Mr. Helmick continued would allow approximately 90-day notification to all interested and affected parties.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the request to adopt a $688 fee in lieu of dedication for the Thompson School District R2J to be effective January 1, 2002.

Motion carried 2 - 0.

8. REQUEST TO ADD SENIOR SERVICES SECTION TO LEGISLATIVE POSITION GUIDE: Mr. Gluckman explained the budgeting and services of the Office on Aging. Ms. Steele requested this section be added to the guide in order to keep local legislators aware of goals and issues regarding seniors such as affordable housing, transportation, and health care. Commissioner Bender suggested several changes for clarification and consistency to the list of legislative positions presented by staff and the Office on Aging Advisory Council.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve adding, and submitting, a section on Senior Services to the Larimer County Legislative Position Guide as amended.

Motion carried 2 - 0.

  1. WORK SESSION: None

10. COMMISSIONER REPORTS: Commissioner Bender noted his attendance to Good Samaritan in Loveland at which he read the Older American Rights Week proclamation.

Chair Pro-Tem Gibson stated that he participated in a field trip at the Devil's Backbone trails.

11. LEGAL MATTERS: None

There being no further business, the meeting was adjourned at 10:35 a.m.

________________________________

GLENN GIBSON, CHAIR PRO-TEM

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

_______________________________

Jean M. O'Connor, Clerk to the Board