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 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, APRIL 24, 2006

 

LAND USE HEARING

(#46)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were: Karin Madson, Porter Ingrum, and Naomi O’Connor, Planning Department; Doug Ryan, Environmental Health Department; Matthew Johnson, Engineering Department; Jeannine Haag, Assistant County Attorney; and Angela Myers, Deputy Clerk. 

Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Gibson explained that Item 1 was on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1. SPRING GULCH 1ST FILING LOTS 41A AND 46 AMENDED PLAT - #06-S2550:  This is a request to amend the plat of Lot 46 of Spring Gulch 1st Filing, and Lot 41A Replat of Lot 41 Spring Gulch 1st Filing to reconfigure the two lots as part of a land exchange.

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; Land Surveyor of the Larimer County Engineering Department; and the Larimer County Engineering Department Development Review Team.

The proposed plat amendment to adjust the common lot line between two contiguous lots 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 Lot 46 of Spring Gulch 1st Filing and Lot 41A Replat of Lot 41 Spring Gulch 1st Filing, subject to the following condition, and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature: 

1.   The Final Plat shall be recorded by October 24, 2006, or this approval shall be null and void.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve Item 1, regarding the Sprint Gulch 1st Filing Lots 41A and 46 Amended Plat, as listed on the Consent Agenda and outlined above.

Motion carried 3-0.

 

2. MATCHETT/FORWARD EXTENDED FAMILY DWELLING - #06-SP0173: Ms. Madson explained that this is a request for approval of an Extended Family Dwelling for an occupant that is not an immediate family member and does not qualify by reasons of age or disability.  Application materials indicate that the applicant is requesting this temporary dwelling to house and care for her uncle who is over 65 and has health related issues.  In addition, the dwelling would house the applicant’s father who is not yet 65 years old.  Staff understands that the applicant recently purchased the property.  A partial site plan was included in the submittal.

 

The following agencies provided comments regarding this proposal:  The Engineering Department (refer to comments from Traci Downs, dated March 22, 2006) provided comments with regard to drainage and erosion control, utilization of the existing access, and applicable Transportation Capital Expansion Fees; Code Compliance (refer to the memo from Candace Phippen, dated March 27, 2006) commented on building permit requirements for the Extended Family Dwelling; The Department of Health and Environment (refer to the memo from Doug Ryan, dated March 24, 2006) commented that the applicant will need to provide for the additional water service from the Northern Colorado Water Association and to provide for an additional septic system to serve the proposed dwelling prior to issuance of a building permit; and the Northern Colorado Water Association commented (refer to the letter from Kenneth Hartman, dated March 30, 2006) that they are not aware of an additional tap for water service available at this location and that an additional water hook-up to the line servicing the existing residence is not permitted. 

The Development Services Team supports a recommendation for approval of the Matchett/Forward Extended Family Dwelling, subject to the following conditions:

 

1.   The applicant shall execute an Extended Family Dwelling Permit by July 24, 2006.  This Permit will outline conditions associated with the permit and be recorded with the Larimer County Clerk and Recorder.  As part of this permit, the applicant shall submit a revised Simplified Site Plan that meets the submittal requirements outlined in the Planning Department application packet.

2.   Approval of the extended family dwelling will be in effect for a maximum of three years from the date of issuance of a Temporary Certificate of Occupancy.  At the end of the three-year period this approval automatically expires.  The Extended Family Dwelling shall be removed within three months from the date of the expiration of the permit unless an application for a land division is submitted.  Upon application to the Planning Department, the Extended Family Dwelling Permit may be extended for an additional three-year period, provided the conditions noted in the application continue to exist and the request is approved by the Board of County Commissioners.

3.   The applicant is responsible for the payment of all required Transportation Capital Expansion fees.

4.   Prior to applying for a building permit the applicant shall demonstrate that there is an adequate septic system for the Extended Family Dwelling that meets the standards of the Larimer County Health Department or obtain a permit to install the sewer system from the Larimer County Health Department.

5.   Prior to issuance of a building permit the applicant shall obtain a water connection to the North Colorado Water Association or, if that proves not feasible for this temporary Extended Family Dwelling, the applicant shall provide a plan for a cistern that is acceptable to the Larimer County Health Department.

6.   A building permit must be issued, and all required inspections must be completed within 90 days of recordation of the Extended Family Dwelling Permit.

7.   After the final inspections are completed, the owner must request that a Temporary Certificate of Occupancy be issued.  This certificate must be issued within 10 days after the final inspection is completed.

 

Alesha Matchett, applicant, addressed the Board and said that she “absolutely agrees” to the terms and conditions outlined above. 

Chair Gibson asked about the three-year time frame, and brief discussion ensued regarding the time allotment and extension options for the future. Commissioner Wagner stated that the residents would have to utilize the existing drive, instead of a new drive, and asked if the applicant was satisfied with that decision.  Karin Madson indicated that this issue has been addressed with the applicant and is, in fact, included in the application.  Commissioner Wagner further commented about the water issues and a brief discussion ensued regarding the requirements.

There was no public comment regarding this item.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the request to allow the Matchett/Forward Extended Family Dwelling with the conditions noted above.

Motion carried 3-0.

 

The hearing adjourned at 3:10 p.m.

 

TUESDAY, APRIL 25, 2006

 

ADMINISTRATIVE MATTERS

(# 46)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided and Commissioners Rennels and Wagner were present.  Also present were:   Deni LaRue, Commissioners’ Office; Gary Buffington, and K-Lynn Cameron, Parks and Open Lands Department; Larry Timm, Rob Helmick, and Casey Stewart, Planning Department; Ann Piccone, Assessor's Office; Tom Garton, and Candice Phippen, Building Code Enforcement; Jeannine Haag, Assistant County Attorney;  Kristen Romary and Gael Cookman, Clerk and Recorder's Office.

 

1.  PUBLIC COMMENT:    Jean Blaylock submitted a request on behalf of the Fort Collins Library Board to gain the Commissioners support in forming a library district in Fort Collins.  She explained that due to budget cuts library patrons have suffered from a lack of services and facilities.  Ms. Blaylock stated that they wish to have this issue placed on the November ballot.  Discussion ensued and the Commissioners explained that either the Fort Collins City Council would have to refer this issue to the ballot, or the Fort Collins Library Board would have to gather 100 signatures in order to place the issue on the ballot.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 17, 2006

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of April 17, 2006, as amended.

 

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF MAY 1, 2006:  The Board reviewed the upcoming schedule.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 25, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved:  Ultimate Support Systems (2004-2005); Renee Ballard; Jerralyn and Donald Jaroski.

 

04252006A001           PSYCHOLOGICAL SERVICES AGREEMENT FOR THE LARIMER COUNTY  SHERIFF'S OFFICE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AFFILIATES IN COUNSELING AND FORENSIC PSYCHOLOGY

 

04252006A002           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC.

 

04252006D001           DEED OF DEDICATION BY MICHAEL P. MONTAG OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

04252006D002           DEED OF DEDICATION BY DONALD F. SCHULTZ AND TARA J. SHEAHAN-SCHULTZ OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

04252006D003           DEED OF DEDICATION BY COLORADO DISTRICT OF THE WESLEYAN CHURCH OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

04252006D004           DEED OF DEDICATION BY FAITH REALTY AND DEVELOPMENT COMPANY OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

04252006R001           FINDINGS AND RESOLUTION APPROVING THE RININGER APPEAL

 

04252006R002           RESOLUTION REGARDING EXTENSION OF APPROVAL OF AMENDED PLAT FOR HIAWATHA HEIGHTS SUBDIVISION LOT 14 AND 15, BLOCK 20

 

04252006R003           FINDINGS AND RESOLUTION APPROVING THE BOBCAT RIDGE APPEAL

 

MISCELLANEOUS:  River's Edge Condo Map Plat; Appointment of Amy Hamrick to the Estes Park Public Library District Board to fill and unexpired term effective April 25, 2006, and expiring December 31, 2009.

 

LIQUOR LICENSES:  The following licenses were both approved and issued:  Overland Foods - 3.2% - LaPorte; Fort Namaqua Liquors - Retail Liquor Store - Loveland.  The following application was approved:  Northern Colorado Potters Guild - Special Event 6% - Fort Collins.  The following license was issued:  The Rock Inn - Hotel and Restaurant - Estes Park.

 

Motion carried 3-0.

 

5.   COMMENTS REGARDING THE PROPOSED SALE OF UNITED STATES FOREST SERVICE PARCELS FOR THE SECURE OF RURAL SCHOOLS ACT:   Ms. Cameron presented comments for discussion regarding the U.S. Forest Service plan to sell acreage in Larimer County to support the Secure of Rural Schools Act.   Discussion ensued and the Board provided direction as to the wording of these comments. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the Parks and Open Lands staff to draft a letter for the Board's review, and authorize the Chair to sign said letter so it can be sent to the U.S. Forest Services by May 2, 2006.

 

Motion carried 3-0.

 

6.  SET A PUBLIC HEARING FOR THE ESTES VALLEY RURAL FIRE PROTECTION DISTRICT AND DEEP WATER METROPOLITAN DISTRICTS 1 & 2 FOR MONDAY, MAY 22, 2006:   Mr. Helmick explained that the proposals of the Estes Valley Rural Fire Protection District and the Deep Water Metropolitan Districts 1 & 2 have been reviewed by the Planning Commission, and now the Board of County Commissioners must set a public hearing to consider these proposals.     

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve setting public hearing dates for the Estes Valley Rural Fire Protection District and the Deep Water Metropolitan Districts 1 & 2 for Monday, May 22, 2006, at 6:30 p.m.

 

Motion carried 3-0.

 

7.  APPOINTMENT TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA):  Mr. Gluckman presented a letter from the LETA Board attorney requesting appointment of Merlin Green to the LETA Board.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the appointment of Merlin Green to represent the fire protection districts on the Larimer Emergency Telephone Authority Board effective April 25, 2006, and expiring December 31, 2007.

 

Motion carried 3-0.

 

8.  DISCONTINUE "DOUBLE APPLICATION FEE" FOR BUILDING PERMITS AND SETBACK VARIANCE UNDER CERTAIN CONDITIONS:  Mr. Timm proposed discontinuing the "double application fee" for building permits and setback variances under the following conditions:

 

1.  Applicants will be exempt from the "double application fee" for building permits under the following situations: 

   a.   For construction work requiring a building permit done on a building by a previous owner and the present owner wants to make the construction legal; 

b.   For construction work requiring a building permit done on an existing or new building by a present owner who comes in voluntarily to bring the structure into compliance with the building code, provided the owner and/or the contractor for the owner is not a repeat offender; or

c.   For construction work requiring a building permit done on a new or existing building by a present owner who responds within 10 calendar days of receiving a violation notice. 

2.  The County Development Review Schedule shall be modified by eliminating the $380 add-on fee for a setback variance application when the variance is requested after the construction has already taken place.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve discontinuing the "Double Application Fee" for Building Permits and Setback Variance under the conditions as outlined above.

 

Motion carried 3-0.

 

9.  STEPHENSON APPEAL:  Mr. Stewart explained that an existing single family residence at 519 N. Overland Trail, owned by Rebecca Stephenson, is currently located within the building setback and is; therefore, considered nonconforming.  Mr. Stewart stated that the owner has submitted an appeal to increase the building by more than 25%.  Mr. Stewart recommended that the Commissioners not refer this appeal to the Planning Commission because the project does not involve County Master Plan issues, present any significant policy issues, and it is a minor project.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners not approve the Stephenson Appeal to be referred to the Planning Commission for review and recommendations.

 

Motion carried 3-0.

 

10.  REVERSE DENIALS ON PETITIONS FOR ABATEMENT:  Ms. Piccone explained that four Petitions for Abatement were put on the April 18, 2006, Consent Agenda with a recommendation of denial.  Ms. Piccone stated that these four Petitions for Abatement were actually withdrawn by the petitioners and were placed on the Consent Agenda in error.   Ms. Piccone presented the petitioner names and property schedule numbers:  Ricky and Dana Armistead - R1585867; Victoria Peters and Robert Devereaux - R1155261; Herman and Helena Goens - R1267043; and Jean Ottero-Skeens and Andrew Skeens - R1011430.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners acknowledge that the above named petitioners were administratively denied in error, and allow them to withdrawal their Petitions for Abatement, should they decide to pursue this matter in the future.

 

Motion carried 3-0.

 

11.  LEGISLATIVE ISSUES:  Mr. Gluckman reviewed pending legislation with the Board.  He then asked if the Board wished to have a final "wrap-up" session with local legislators.  The Board wished to meet with the legislators and asked Mr. Gluckman to arrange the meeting.

 

12.  WORKSESSION:   Commissioner Rennels explained that there is a vacancy on the Fairboard and requested that Harley Leverenz be appointed to fill this unexpired term.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners appoint Harley Leverenz to fill an unexpired term on the Fairboard effective April 25, 2006, through November 30, 2006.

 

Motion carried 3-0.

 

13.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week.  

 

14.  LEGAL MATTERS:  Ms. Haag explained that previously Gary Weixelman brought forth an issue regarding the legal lot status of three lots within the Pine Acres Subdivision.  Ms. Haag informed the Board that the Planning Department has discovered that the lots are legal as they were created prior to 1972.    

 

The meeting recessed at 10:35 p.m.

 

PUBLIC IMPROVEMENT DISTRICT

HEARING FOR CHARLES HEIGHTS SUBDIVISION

(#45)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rex Burns, Project Engineer. Chair Gibson presided and Commissioner Wagner was present.  Also present were:  Linda Sanders, Engineering Department; and Gael Cookman, Clerk and Recorder's Office.

 

Mr. Burns explained that the roads in the Charles Heights Subdivision were constructed in the 1920's and 1930's and have been maintained by the Homeowner's Association; however, residents are considering forming a PID in order to maintain the roads at a higher standard.

Ms. Sanders explained that 71.9% of the property owners signed the petition to place this issue on the November ballot.  Ms. Sanders noted that if this issue passes, it will raise $10,399 per year for road improvements.  Ms. Sanders stated that the mill levy will be set at 8.948, and that the Road Advisory Board could reduce the mill levy, but it can never be increased more than 8.948.  

 

Chair Gibson opened up the hearing for public comment and the following residents addressed the Board:  Kent Bosch, Paul Garrett, Ron Duell, Michael Kellam, Barbara Williams, Jim Biggers, Scott Glick and Ann Dinsmoor.  All were in favor of creating the PID as it is a way to make sure that all pay their fair share of the road maintenance; however, some had questions regarding how the actual road improvements would occur, what materials would be used on the road, whether or not speed bumps could be installed to slow down traffic, whether or not the assessed value of the vacant land is accurate, and which parcels should be excluded from participation.  

 

Chair Gibson closed public comment.

 

Mr. Burns explained that Larimer County does have a policy regarding speed bumps and speed humps and that a certain number of residents would have to sign a petition in order to proceed with the possibility of installing humps or bumps.  Ms. Sanders explained that Lot 1 is being excluded from participation in the PID, as it does not access the road.     

 

At this time there was a request from the audience to address the Board.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners re-open public comment.

 

Motion carried 2-0.

 

Mr. Glick asked if the taxes collected for the PID were held in an interest bearing account.  Ms. Sanders explained that the County Treasurer invests the money and that the interest accrues directly to the PID fund.  There was no further public comment.

 

M O T I O N

 

Commissioner Wagner moved that the Bard of County Commissioners approve the resolution regarding the Petition for the Organization of Larimer County Charles Heights Public Improvement District No. 32.

 

Motion carried 2-0.

 

04252006R004           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY CHARLES HEIGHTS PUBLIC IMPROVEMENT DISTRICT NO. 32

 

The hearing adjourned at 7:55 p.m.

 

 

WEDNESDAY, APRIL 26, 2006

 

ABATEMENT HEARING

(#48)

 

The Board of County Commissioners met at 10:00 a.m. to consider a Petition for Abatement.  Chair Gibson presided, and Commissioners Wagner and Rennels were present.  Also present were:  Ann Piccone and Jennifer Jacobsen, Assessor’s Office; and Angela Myers, Deputy Clerk.

 

1.         ABATEMENT HEARING FOR VU, DANIELLE T.P., SCHEDULE NUMBER R1088343: Ms. Jacobsen presented her appraisal packet and reviewed its contents with the Board.  She explained that the property is a residential condominium built in 1978.  Discussion ensued among the Board regarding comparable property values.

 

Chair Gibson noted for the record that the petitioner was not in attendance at the hearing.

 

M O T I O N

 

Commissioner Wagner moved that the Board of county Commissioners deny the Petition for Abatement for Danielle T.P. Vu, Schedule Number R1088343, and uphold the 2005 assessed value of $91,600.

 

Motion carried 3-0.

 

The hearing adjourned at 10:05 a.m.

 

 

   __________________________________________

                        GLENN W. GIBSON, CHAIR

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

___________________________________

Angela Myers, Deputy Clerk 

 

___________________________________

Gael M. Cookman, Deputy Clerk   

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.