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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, July 30, 2007

 

 

land use hearing

(#97 & #98)

 

the Board of County Commissioners met at 3:00 p.m. with Larry Timm, Planning Director.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Matt Lafferty, Wendy Dionigi, and Chad Bahr, Planning Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Rennels 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.

 

 

1.  BARBER EXPANSION OF A NONCONFORMING BUILDING - #07-G0142:  This is a request to extend, expand, enlarge or change the character of a nonconforming building under Sec. 4.8.10.A of the Land Use Code.  On June 1, 2007, Mr. and Mrs. Barber applied for a building permit to replace a nonconforming mobile home at 6509 Vivian Court.  The property has four mobile homes on it, and is nonconforming with respect to the number of dwelling units on a single property zoned FA-1 Farming.  The dwelling units were determined to be legal, non-conforming no later than March 1992 when the Hansen Minor Land Division was approved.

 

One of the nonconforming dwellings (the mobile home at 6509 Vivian Court) had been removed from the site and taken to the landfill.  Mr. Barber stated that the removed mobile home had substantial internal damage due to an electrical fire.  According to Sec. 4.8.11 of the Land Use Code, a nonconforming structure cannot be replaced unless it has been destroyed by more than 50% (of the building’s replacement cost) by a calamity beyond the control of the property owner, other than a flood.  Mr. Barber provided information regarding the nature of the damage and repair estimates.  The Planning Director concluded that the damage exceeded 50% of the building’s replacement cost. 

 

Section 4.8.9 says that the nonconforming building or structure may only be replaced in the same location and size as the original building or structure.  Mr. Barber provided copies of Certificates of Title to the damaged, removed mobile home and the new, replacement mobile home.  These titles and statement by Mr. Barber showed the damaged, removed mobile home to be 1,440 square feet (24X60), and the new, replacement mobile home to be 1,404 square feet (52X27).  The location of the new, replacement mobile home is still in the general vicinity of where the damaged, removed mobile home was located.  According to the Barber’s, it is located about two feet to the west of the earlier dwelling.

 

Based on the above information, the building permit for the new, replacement mobile home was issued on June 19, 2007.

 

Subsequently, a few property owners from the area have claimed that the new, replacement mobile home is not exactly where the damaged, removed mobile home was located, and that the new, replacement mobile home is larger than the damaged, removed mobile home.  In response, staff has reviewed the Larimer County aerial photos from 2005.  They show that the damaged, removed mobile home was approximately the same size as the mobile home (still existing) immediately to the north—which is about 960 sq. feet. Therefore, it is apparent that the new, replacement mobile home should not be larger than 960 sq. feet.  Since the building permit has already been issued for the new, replacement mobile home (1404 sq. feet), the only remedies are either (1) revocation of the building permit and removal of the new replacement mobile home or, (2) approval by the County Commissioners to enlarge the new replacement mobile home and allow its location to be different (as currently placed) than the damaged, removed mobile home per Sec. 4.8.10.A of the Land Use Code.

 

This has been a very difficult case upon which to identify clear facts since there are multiple dwelling units on a single property, addresses have recently changed on the property and records do not all agree regarding the address of the subject site, inconsistent data on mobile home sizes, etc.

 

Some residents of the area have expressed a concern that the Barber’s are intending to create a mobile (manufactured) home park.  According to county records, there have been four dwelling units on this one property, all of which are nonconforming.  More dwelling units would not be allowed without the appropriate county approval.  A manufactured home park is not allowed in the FA-1 zoning district.  The property is not approved for a manufactured home park.  Manufactured home parks are allowed only in the M-1 Multiple Family zoning district by Special Review. 

 

The applicable sections of the Land Use Code are as follows (highlighted):

                       

Sec. 4. 8.9

 

Destruction.

 

A. If a nonconforming building or structure is destroyed (i.e., incurs damages of more than 50 percent of the building or structure's replacement cost) by a calamity beyond the control of the property owner, other than a flood, the property owner may repair or replace the nonconforming building or structure, provided that he/she submits a complete building permit application within 12 months of the calamity. The nonconforming building or structure may only be replaced in the same location and size as the original building or structure. Nonconforming buildings or structures damaged or destroyed by flood must meet the requirements of subsection 4.2.2 (floodplain overlay district).

B. If a building or structure containing a nonconforming use is destroyed by a calamity beyond the control of the property owner, the property owner may reestablish the nonconforming use and may repair or replace the building or structure, provided that he/she submits a complete building permit application within 12 months of the calamity. The building or structure containing the nonconforming use and the nonconforming use may only be replaced in the same location, size and character as the original building or structure and use.

(Res. No. 09122006R002, Exh. A, 9-12-206)

 

4.8.10. Extension, expansion, enlargement or change in character.

 

A. A nonconforming use or a building or structure that contains a nonconforming use cannot be extended, expanded, enlarged or changed in character without the approval of the county commissioners.

 

B. A nonconforming building or structure cannot be extended, expanded, enlarged or changed in character without the approval of the county commissioners except where the building is nonconforming only as to a required setback and the following conditions are met:

 

1. The proposed addition is not more than 25 percent of the square footage of the original building and is not more than 1,000 square feet;

2.  The proposed addition is outside the required setback; and

3. No portion of the original building or the proposed addition is within the future right-of-way identified by the Larimer County Functional Road Classification or the Colorado Department of Transportation.

 

C. A use that is nonconforming because it has been changed by regulation from a use by right to a use by special review or a use by minor special review cannot be extended, expanded, enlarged or changed in character without special review or minor special review approval by the board of county commissioners under section 4.5. In determining whether to approve the special review or minor special review, the county commissioners will consider the entire use, not just the elements of the use sought to be extended, expanded, enlarged or changed in character.

 

D. In determining whether there has been a change in character of a use, building or structure, the following factors may be considered:

 

1. Whether there has been a change in the nature, volume, intensity, frequency, quality or degree of the use, building or structure. (For example, has there been a significant increase in the number of employees or traffic volume; has there been a change in the days or hours of operation; or have the physical dimensions of the building or structure been increased);

2. Whether there has been a change in the activity, products or services. (For example, a dog grooming facility that has been converted to a retail store for pet supplies could be considered a change in the character of the use).

3. Whether the new use, building or structure reflects the nature and purpose of the prior use or structure. (For example, an air strip used for seasonal crop dusting operations that is subsequently used only for recreational parasailing could be considered a change in the character of the use);

4. Whether the new use is different in kind on its effect on the neighborhood. (For example, has there been a change in environmental influences on the neighborhood, such as light, noise or air quality).

(Res. No. 09122006R002, Exh. A, 9-12-206)

 

Staff recommends approval of the expansion of the nonconforming dwelling located at 6509 Vivian Court to no more than 1404 square feet (27X52) and approval of the minor change in location of the dwelling on the property as shown on the plans for Building Permit 07-B0593.

 

Mr. Timm explained that the Barber’s removed the previous mobile home because it had sustained significant damage; all of which fit the Land Use Code criteria for replacement.  He also said that the change in location from the previous mobile home to the current mobile home was insignificant.

 

Ruth Barber, applicant, stated that the new mobile home would have extended in to the utility easement if the current location hadn’t been moved several feet west.  She said that the family’s intent was to clean up the neighborhood by removing and replacing the old mobile home.  She presented photographs of other property in the area that they have been working hard to improve.    

 

At this time Chair Rennels opened the hearing for public comment.  Ken Carson, neighbor to the applicant, said that there was no damage incurred by fire to the previous mobile home, and asked that the Board deny the request to replace the old mobile home.  He claims that there is still trash and debris on the home site and does not want to see the continued development of land in the area.  Ann McSay, Bob and Gail Herd, and Cheryl Carson, spoke in opposition of the proposed change in building size and location on the Barber’s property.  Mr. Herd presented photos taken from his property and said that the Barber’s were not making improvements on the land, in his opinion.  Mr. and Mrs. Carson said that the Land Use Codes and the Intergovernmental Agreement (IGA) of Larimer County have not been followed, and they do not think the Barber’s application should be approved.  Jeanine Kuemmerlin, Myrna Maier, Karen Buchanan, Thomas Jennaway, and Dustin Hughes, spoke in support of the work the Barber’s have done to the property in question and to the surrounding lots as well.  Ms. Kuemmerlin and Mr. Jennaway said that they were happy with the improvements made by the Barber’s to the neighborhood, and are in support of the applicants’ request.   

 

Chair Rennels closed public comment and discussion among the Board and staff ensued.  Mr. Timm said that staff did not believe the applicant was in violation of the IGA at this time.  Ms. Dionigi confirmed that the original mobile home was in very poor quality before it was replaced by the Barber’s.

 

Commissioner Gibson said that the original mobile home could have suffered fire damage without the existence of visible flames.  He also believes that the size of the new structure fits the look of the neighborhood, and will not have a negative effect on the surrounding property values.  Commissioner Eubanks said that he was in support of the current issue, which would be to approve the expansion and change in location of the nonconforming dwelling on the Barber’s property.  Chair Rennels agreed that county regulations had been followed and was in support of the approval.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the expansion of the nonconforming dwelling located at 6509 Vivian Court to no more than 1404 square feet (27x52) and approval of the minor change in location of the dwelling on the property as shown on the plans for Building Permit #07-B0593.

Motion carried 3-0.

 

 

The meeting ended at 5:00 p.m.

 

 

 

LOCAL IMPROVEMENT DISTRICT FOR

GLACIER VIEW MEADOWS

(#99)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Frank Lancaster, County Manager.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Rex Burns, Linda Sanders, and Mark Peterson, Engineering Department; Ed Schemm, Health Department; Kent Kuster, Colorado Department of Revenue; Terry McEnany, Stantec Consulting Inc.; and Kristen Romary, Deputy Clerk. 

 

Mr. Burns stated that the hearing was to approve the construction, installation, and completion of certain sanitation improvements for Glacier View Meadows 4th, 7th, and upper 8th filings.  Mr. Burns said that the current leach fields in the area are not performing to state standards.  He said that the Department of Health contacted the Larimer County Engineering Department about ways to generate funds to pay for sanitation improvements.  Mr. Burns explained why the creation of a Local Improvement District would be beneficial to the Glacier View area and outlined how fees for improvements are assessed as they relate to the District. 

 

Mr. Kuster explained the problems associated with the Glacier View Meadows leach fields.  He said that as the situation stands, there is a potential for serious public health issues and the potential that the state would issue fines for noncompliance.  Mr. McEnany explained the proposed sanitation system to be used and said that it is easy to construct, install, maintain, and would be visually unobtrusive.  Some discussion among the Board and staff ensued. 

 

Steve Horsemon said that there have been many communication sessions made available to residents regarding the Local Improvement District.  He explained that it seemed technically and legally necessary to install new sanitation improvements and he stated that he had received 14 letters of approval from residents in favor of creating a Local Improvement District. 

 

Ms. Sanders said that there are currently 143 lots in the proposed district.  The current estimated assessment is $3,325 per lot over a 20 year period, paid at a rate of $267 per year. 

 

At this time, Chair Rennels opened the hearing for public comment.  Albert Samuelson, John Woodward, Jack Carroll, Mary Keller, Randy Mae, Jim Petrie, Julianne Drake, Mike Keller, Roland Parkinson, and Aaron Barnes, said that they approve of the creation of a Local Improvement District.  Mr. Keller and Mr. Barnes questioned the size of the proposed leach field and asked how the size of the new system was determined.  Shilo Sagert asked whether individual leach fields could be an option for local residents as opposed to contributing to a communal system.  Chair Rennels closed public comment and Mr. Kuster and Mr. McEnany answered several questions posed by residents.

 

At this time, there was a request to reopen public comment. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners reopen public comment.

Motion carried 3-0.

 

A resident of Glacier View Meadows said that the cost of installing individual septic systems would be extremely high.  He said that it would be more economical to spend money on a community system.  Some discussion among the Board ensued.  Chair Rennels closed public comment.

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the creation of the Larimer County Local Improvement District Number 2007-1 Glacier View Meadows for the purpose of construction, installing, completing and acquiring certain sanitation improvements in the 4th, 7th, and Upper 8th filings.

Motion carried 3-0.

 

 

The meeting ended at 7:45 p.m.

 

 

 

TUESDAY, JULY 31, 2007

 

 

ADMINISTRATIVE MATTERS

(# 100)

 

The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Deni LaRue, Donna Hart, and Diane Tokarz, Commissioners’ Office; Ed Rutherford, Human Services Department; Myrna Rodenberger, Treasurer; Peter Spurlin, Principal Financial; and Kristen Romary, Deputy Clerk.

 

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 9 AND JULY 23, 2007

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 9, 2007.

Motion carried 3-0.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of July 23, 2007.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 6, 2007The Board reviewed and discussed the upcoming schedule with Ms. Hart

 

 

4.  CONSENT AGENDA:

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for July 31, 2007.

 

ABATEMENTS:  As recommended by the County Assessor, the following Petitions for Abatement were approved:  John T. and Joyann J. Strachan; Elizabeth B. Parsons and Virginia B. Fullerton; and Cortina Real Estate, LLC.

 

07312007A001           CONSTRUCTION AGREEMENT BY AND BETWEEN THE BOARD OF COMMISSIONERS OF LARIMER COUNTY AND A-1 CHIPSEAL COMPANY

 

07312007R001           FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF CONDITION OF APPROVAL OF FROHSINN MINOR SPECIAL REVIEW

 

MISCELLANEOUS:  Treasurer’s Six Month Report.

 

LIQUOR LICENSES:  The following liquor license was approved and issued:  Bohemian Cottage – Hotel and Restaurant - Loveland.  The following liquor licenses were approved:  Larimer County Bar Association – Special Event 6% - Fort Collins; and Namaqua Center – Special Event 6% - Loveland.  The following liquor license was issued:  Estes Valley Sunrise Rotary Club – Special Event 6% - Estes Park. 

 

Motion carried 3-0.

 

 

5.  LARIMER COUNTY CONTRIBUTORY RETIREMENT PLAN:  Mr. Rutherford explained that recent federal legislation was passed to allow public safety employees to use their defined contribution retirement assets to pay for medical expenses if they stay in employment until the normal retirement age of the employer.  The new legislation lowers the normal retirement age of the plan from 65 to 55 years of age.  Mr. Rutherford said that many public safety employees retire before 65 years of age, and the new legislation will allow those who do, a chance to receive benefits.  Mr. Spurlin said that this change in policy is cost wise with no disadvantages.  Discussion among the Board ensued. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the amendment to the retirement plan changing the normal retirement age from 65 to 55 years of age. 

Motion carried 3-0.

 

 

6.  COMMISSIONER BOARD ASSIGNMENTS:  Mr. Gluckman said that staff needs direction on who will serve on the Boards originally assigned to Commissioner Karen Wagner at the beginning of 2007.  Commissioner Eubanks said that he would be willing to serve on the Boards and Commissions originally assigned to Commissioner Wagner.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the assignment of Commissioner Eubanks to the Boards and Commissions originally allocated to Commissioner Wagner. 

Motion carried 3-0.

 

 

7.  BOARDS AND COMMISSIONS APPOINTMENTS:  Ms. Tokarz presented the Board assignments as follows:

 

Rural Land Use Board:  Kristin Grazier, and Lauren Light, reappointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010; Rena Colton, and John Hatfield appointed to a 3 year term beginning July 1, 2007, and ending June 30, 2010.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the appointments as outlined above.

Motion carried 3-0.

 

 

8.  BOARD OF COUNTY COMMISSIONERS CONVENE AS BOARD OF EQUALIZATION TO APPROVE RECOMMENDATIONS OF THE BOARD OF EQUALIZATION REFEREES:

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners convene as the Board of Equalization.

Motion carried 3-0.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Board of Equalization referee recommendations for July 24th, 25th, 26th, 27th, and 30th, 2007.

Motion carried 3-0.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners adjourn as the Board of Equalization and reconvene as the Board of County Commissioners.

Motion carried 3-0.

 

 

9.  ASSISTANT COUNTY MANAGER WORKSESSION:  There were no worksession items to discuss.

 

 

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

 

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

 

 

The meeting ended at 10:00 a.m.

 

 

 

PUBLIC HEARING REGARDING THE

BERTHOUD COMMUNITY LIBRARY DISTRICT

(#101)

 

 

The Board of County Commissioners reconvened at 6:30 with Neil Gluckman, Assistant County Manager.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Richard Lyons, Attorney with Bernard, Lyons, Gaddis, & Kahn; and Kristen Romary, Deputy Clerk.

 

Mr. Lyons explained that the Town of Berthoud and other proponents would like to submit the issue of a Berthoud Community Library District to the electors of the proposed District at the November 6, 2007, election.  He said that in order for this to occur, a petition with 100 signatures must first be submitted to the Board of County Commissioners.  The Board of County Commissioners must make a decision and submit approval for the item to be added to the ballot 90 days prior to the election. 

 

Kathryn Churchill, member of the Library Board, explained the overwhelming support for the Library District and explained the boundary of the district within Larimer County.  Sara Wright, Library Director, explained that broadening the tax base will make library services more sustainable. 

 

Chair Rennels opened the hearing for public comment and Ken Mathias, Shannon Thompson, Larry Crane, Richard Thompson, and Linda Mathias spoke in support of the creation of a Library District and all felt that a Library District will help fund the many programs the library has to offer.  Chair Rennels closed public comment.  Discussion among the Board ensued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners direct staff to work with the County Attorney to start the process of creating a Berthoud Community Library District to be added to the ballot in November 2007. 

Motion carried 3-0.

 

 

The meeting ended at 7:05 p.m.

 

 

__________________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

__________________________________

Kristen L. Romary, Deputy Clerk

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