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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, August 6, 2007

 

land use hearing

(#102)

 

the Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Planning Department.  Chair Rennels presided and Commissioner Eubanks was present.  Also present were:  Sean Wheeler, Samantha Mott, Toby Ieuter, and Chad Bahr, Planning Department; Christie Coleman, Engineering 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.  Chair Rennels then explained that Items 1 through 3 were on consent, and would not be discussed unless requested by the Board, staff, or members of the audience.  Mr. Lafferty said that the applicant would like to pull Item 1, the Turner Minor Special Review, from consent for the purpose of discussing the transportation capital expansion fees. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners pull Item 1, Turner Minor Special Review - #07-Z1651, from the Consent Agenda for discussion. 

Motion carried 2-0.

 

 

2.  AMENDED PLAT OF LOT 35 THE HILL CONSERVATION DEVELOPMENT - #07-S2708:  This is a request for an Amended Plat of Lot 35, the Hill Conservation Development, to expand a building envelope for two stairways and a fire pit.  The rear of the building envelope will be extended 20 feet to allow for placement of two open circular stairways, two supports for the stairways, and an open fire pit.  The building envelope extension will bring the rear of the envelope closer to the rear property line, the adjacent common area, and Cobb Lake.  With the 20 foot extension, the building envelope will change from 87,118 square feet (2 acres) to 89,970 square feet (2.06 acres).  The rear line of the envelope will be 87.86 feet from the rear property line and common area and 290 feet from the edge of Cobb Lake.

 

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 Department of Health and Environment; the Engineering Department Development Review Team; and the addressing Review Section.  Comments were received from the Assessor’s Office and the Land Surveyor of the Larimer County Engineering Department.  Letters dated July 2, 2007, and June 28, 2007, respectively, identify several required corrections to the plat.

 

The proposed plat amendment to expand the building envelope for the two stairways and fire pit will not adversely affect any neighboring properties or any county agency.  The Amended Plat will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Hill Conservation Development Lot 35 Amended Plat, subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by January 6, 2008, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat, the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department and the Larimer County Assessor’s Office.

 

 

3.  AMENDED PLAT OF LOT 9, BLOCK 2 BONNELL WEST PLANNED UNIT DEVELOPMENT (PUD) 1ST FILLING - #07-S2703:  This is a request for an Amended Plat to revise the side setback from 30 feet to 5 feet and the rear setback from 25 feet to 10 feet for Lot 9, Block 2, of the Bonnell West PUD 1st Filing. The existing setbacks of 30 feet from the side property line and 25 feet from the rear property line are indicated on the recorded plat for this PUD.  There are several different filings of Bonnell West and the 1st Filing is the only one that indicates specific setbacks different from the setbacks normally associated with the FA 1 Farming Zoning District.  The applicant is requesting to have the side setback 5 feet from the property line and the rear setback 10 feet from the property line.  This request will meet the minimum setback requirements for the FA1-Farming zoning district.  This lot is part of an approved Planned Unit Development with specific setback requirements.  The Amended Plat process must be used to modify these setback requirements because they are part of the approved Planned Unit Development.

 

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 and the Larimer County Engineering Department.

 

The proposed plat amendment to revise the side and rear setbacks of Lot 9, Block 2, of the Bonnell West PUD 1st Filing will not adversely affect any neighboring properties or any county agency.  The Amended Plat will not result in any additional lots.  Staff finds that this request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Bonnell West PUD 1st Filing, Lot 9, Block 2, subject to the following condition and authorization for the Chair to sign the plat when the condition is met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by January 16, 2008, or this approval shall be null and void.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve Items 2 through 3, as listed on the Consent Agenda and outlined above.

Motion carried 2-0.

 

 

1.  TURNER MINOR SPECIAL REVIEW - #07-Z1651:  This is a request for approval of a Minor Special Review for a detached Accessory Dwelling Unit.  The applicant seeks approval for a Minor Special Review to allow an Accessory Living Area on a 4.97 acre property situated south of Bonnel Drive on Herb Ct. approximately two miles west of County Road 21. 

 

The property has an existing 2958-square-foot residence.  The project description indicates that the Accessory Living Area will not exceed 800 interior square feet and will be constructed in an existing barn on the property.  The purpose of the request is to allow the owners to live in the finished barn space while a remodel of their principle residence is completed.  Upon completion of the remodel, the barn space will be used for visiting guests and family and as a craft and hobby space.

 

The Land Use Code states that accessory uses are intended to allow property owners the full use of their property while maintaining the integrity and character of the neighborhood.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  They must be located on the same lot with the principal use, and the accessory living area should not be used as a rental unit.  It is the assessment of the Development Services Team that this request can meet the standards, provided the owner complies with the requirements for an Accessory Living Area and satisfies the recommended conditions of approval below.

 

There are two expired permits for the existing barn building, and there is no record of a building permit for the 375 square foot tennis house.  These permit concerns and any other concerns will need to be resolved prior to the certificate of occupancy of the accessory living area.  Compliance with these requirements is not intended to create an inconvenience for the applicant.  However, the permit process exists to ensure that structures are built to the best possible standards to protect all who will live in and use them.  The conditions of approval below address the building permit and inspection requirements.

 

The Development Services Team recommends that the Board of County Commissioners approve the Turner Minor Special Review, subject to the following conditions: 

 

1.   The site shall be developed consistent with the approved plan and with the information contained in the Turner Minor Special Review (File #07-Z1651).  The applicant shall be subject to all other verbal or written representations and commitments of record for the Turner Minor Special Review.

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Minor Special Review, applicant agrees that, in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative, and the county’s election to use one shall not preclude use of another.  In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorneys fees.  The county may conduct periodic inspections of the property and review of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3.   The Findings and Resolution shall be a servitude running with the property.  Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

4.   The owner is responsible for obtaining all required building permits for the new residence, the Accessory Living Area.  All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.  Within 90 days from the date of approval, the owner shall obtain all the outstanding building permits and inspections for all previous work in the existing building and complete any outstanding building permit requirements. 

5.   The habitable space of the current structure shall not be further expanded beyond the proposed 800 square feet.

6.   At the time of the building permit application, the owner shall sign a Detached Accessory Living Area Agreement which will indicate what the owner has agreed to, as well as advise potential future lot buyers of the restrictions placed on the Accessory Living Area.

 

Jim Scott, applicant, asked the Board for a waiver or reduction in the transportation capital expansion fee assessed to the Turner Minor Special Review.  He said that the residents of the home will commit to using the additional space privately and he does not believe any additional transportation trips will accrue due to the approval of the Minor Special Review.  Ms. Coleman explained that a transportation capital expansion fee is assessed uniformly to any special improvement project.  She said that accessory living spaces usually generate a higher level of traffic, and a fee is assessed to help maintain the roads in the future. 

 

At this time, Chair Rennels opened the hearing for public comment.  No one from the audience addressed the Board, and Chair Rennels closed public comment. 

 

Chair Rennels presented an overview of the impact fees to the applicant, and said that the county needs to balance the impact residents have on the land with their right to use private property as they see fit.  She explained that accessory spaces tend to increase traffic; and therefore, county staff decided that the best way to assess transportation fees would be in a uniform fashion.  Commissioner Eubanks expressed his agreement with the original recommendation of staff to collect the transportation capital expansion fee in its entirety. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the Turner Minor Special Review for a detached accessory dwelling use, subject to conditions as recommended by the Development Services Team.

Motion carried 2-0.

 

The meeting adjourned at 3:15 p.m.

 

 

 

TUESDAY, AUGUST 7, 2007

 

ADMINISTRATIVE MATTERS

(# 103)

 

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:  Donna Hart and Deni LaRue, Commissioners’ Office; Ed Schemm, Health Department; Babette Cornell, Interim Facilities Director; Pam Neilsen, Clerk and Recorder Motor Vehicle Department; and Kristen Romary, Deputy Clerk. 

 

 

1.  PUBLIC COMMENT:  There was no public comment.

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 30, 2007:

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 30, 2007, with the inclusion of minor changes as recommended by Chair Rennels.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 13, 2007Ms. Hart reviewed and discussed the upcoming schedule with the Board.

 

 

4.  CONSENT AGENDA:

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for August 7, 2007:

 

08072007A001           COMMUNITY CORRECTIONS SUB-CONTRACT BY AND BETWEEN LOGAN COUNTY COMMUNITY CORRECTIONS BOARD AND LARIMER COUNTY COMMUNITY CORRECTIONS

 

08072007A002           AMENDMENT NUMBER 5 TO CONTRACT BETWEEN THE REGENTS OF THE UNIVERSITY OF COLORADO ON BEHALF OF THE UNIVERSITY OF COLORADO AT DENVER AND HEALTH SCIENCES CENTER AND LARIMER COUNTY WORKFORCE CENTER

 

08072007A003           DIVISION OF VOC REHAB (DVR) DISABILITY PROGRAM NAVIGATOR CONTRACT BETWEEN STATE OF COLORADO FOR THE USE & BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES AND THE LARIMER COUNTY WORKFORCE CENTER

 

08072007D001           DEED OF DEDICATION BY ROY W. KAHLER AND MARY H. KAHLER FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

08072007R001           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR LOT 1 OF THE EHRLICH PLANNED LAND DIVISION AND VACATION OF UTILITY EASEMENT

 

MISCELLANEOUS:  Community Development Block Grant (CDBG) Project Completion Report; Colorado Office of Economic Development Marketing Grant Renewal.

 

LIQUOR LICENSES:  The following liquor licenses were approved and issued:  Sol’s Long Branch Saloon – Tavern – Laporte; CSU Concessions & Stadium – 3.2% - Fort Collins; Dunraven Inn – Hotel and Restaurant – Estes Park.  The following liquor license was approved:  Loveland Sertoma Club – Special Event 6% - Loveland. 

 

Motion carried 3-0.

 

 

5.  CCI LEGISLATIVE COMMITTEE DESIGNEE:  Mr. Gluckman explained that the CCI Legislative Committee develops proposed policy statements for consideration by the full CCI membership and also adopts priorities for the CCI legislative agenda.  One designee from each county is requested for this committee that will meet on October 5, 2007, at 10:00 a.m.  It was decided that Chair Rennels would attend the October 5, 2007, meeting as the Larimer County designee. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the designation of Kathay Rennels as the CCI Legislative Committee member.

Motion carried 3-0.

 

 

Mr. Gluckman outlined House Bill 980, which could potentially allow collective bargaining for all police and fire personnel.  He explained that, if this bill passes, local governments would have to recognize union policies which could be of significant fiscal impact to the county. 

 

Mr. Schemm requested support from the Board to communicate with legislators to approve a Small Community Waste Water Grant Fund.  This fund would help bring small areas in to compliance with federal regulations and provide them with the ability to improve current waste water systems.  Mr. Schemm requested that the Board approve the submission of a letter to Colorado Senators informing them of the Small Community Waste Water Grant Fund.  The Board unanimously agreed that Mr. Schemm should send a letter of support to Colorado legislators.    

 

 

6.  LARIMER COUNTY MOTOR VEHICLE LETTER OF INTENT TO PARTNER WITH STATE DEPARTMENT OF MOTOR VEHICLE IN LOVELANDMs. Cornell said that recent legislation will result in the location of an additional state driver’s license facility in Loveland.  The Colorado Department of Motor Vehicles (DMV) is interested in partnering with the Larimer County Clerk and Recording Motor Vehicle Division to provide both services from one location in Loveland.  The state DMV is currently looking for a letter of intent from Larimer County with respect to this potential partnership.  Ms. Nielsen read the proposed letter of intent to the Board.

 

Commissioner Gibson said that he would be in support of further examining a joint Motor Vehicle facility with the state department.  Chair Rennels and Commissioner Gibson both stated that they were in support of the letter but said that they were concerned about using taxpayer dollars to pay for a leased space. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the submission of a letter of intent from Larimer County to the State Department of Motor Vehicles in order to pursue options regarding providing both services from a single leased space in Loveland. 

Motion carried 3-0.

 

Ms. Cornell then explained that the county office building located at 205 E. 6th Street in Loveland requires significant renovation which would be very costly and disruptive to business.  The Facilities Department has evaluated the scope of renovations needed to keep the Loveland building open, and has concluded that it would be financially unwise to invest further in the property.  Ms. Cornell said that Larimer County Facilities will recommend to the Board of County Commissioners that the building be closed in the spring of 2008.  She made it clear that this would be a closure in the facility, but not a closure in the services currently being provided within the building.  At this time, Ms. Cornell said that she wanted to inform the Board and tell them that a recommendation to close the building in 2008 will be presented to the Board in the near future.

 

 

7.  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 Gibson moved that the Board of County Commissioners convene as the Board of Equalization.

Motion carried 3-0.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the Board of Equalization referee recommendations for July 31st, and August 1st, 2nd, and 3rd, 2007.

Motion carried 3-0.

 

M O T I O N

Commissioner Gibson 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.

 

 

8.  COUNTY MANAGER WORKSESSION:  Mr. Gluckman said that, due to the current weather conditions, the Sheriff’s Office recommends that the Board lift the current fire restrictions imposed on the county effective August 7, 2007.  Mr. Gluckman explained that all state jurisdictions have also lifted the current fire ban.  

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the Resolution to repeal the fire restrictions in Larimer County, effective August 7, 2007.

Motion carried 3-0.

 

08072007R002           RESOLUTION REPEALING FIRE RESTRICTIONS IN LARIMER COUNTY

 

 

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

 

 

10.  LEGAL MATTERS:  Executive Session (Tape #104)

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners go into Executive Session for the purpose of purchase, acquisition, lease, transfer or sale of any real or personal property interest as outlined in 24-6-402(4)(a) C.R.S.

Motion carried 3-0.

 

 

The Executive Session ended and the meeting adjourned at 11:15 a.m. with no further action taken.

 

 

 

WEDNESDAY, AUGUST 8, 2007

 

ABATEMENT HEARING

(# 105)

 

The Board of County Commissioners met at 1:30 p.m. for an Abatement Hearing.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Jennifer Jacobsen and Ann Piccone, Assessor’s Office; and Kristen Romary, Deputy Clerk.

 

 

ABATEMENT HEARING FOR EDGAR L. AND NORMA J. BELL; PARCEL NUMBER 94154-14-007:  Ms. Jacobsen described the subject property and outlined the comparables.  She explained that the subject property was purchased in March 2006 and, because the area is newly developed, there were no comparables available from the same subdivision.  Therefore, the Assessor’s Office took comparables from the surrounding area instead.  Based on the range of sales from the comparables and the actual sales price of the home, the Assessor’s Office believes an assessment of $249,400 is equitable. 

 

Norma Bell, property owner, had several questions for staff and said that the current assessed value of her home was too high.  She explained that the home was purchased in 2006 for $242,400, and she questioned why the value of the home was not assessed based on the 2006 purchase price.  Commissioner Eubanks asked staff if the base value of a newly purchased home was accurate in assessing its worth.  Ms. Jacobsen said that it is accurate, especially for homes in a new subdivision without other comparables available.  Discussion among the Board ensued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for Edgar L. and Norma J. Bell, Parcel Number 94154-11-007, for tax year 2006 and adjust the value to $242,400.

Motion carried 3-0.

 

 

ABATEMENT HEARING FOR BRIAN D. AND MARILYN K. CROUSE; PARCEL NUMBER 96131-32-012:  Ms. Jacobsen described the subject property and outlined the comparables.  She said that the home is a two-story townhouse of average quality.  The Assessor’s Office provided 11 comparables with homes of the exact same square footage as the subject property.  Ms. Jacobsen stated that the Crouse’s abated their property value for 2005 and the actual value of their home was decreased to $132,500 from the original $140,200.

 

Marilyn Crouse, property owner, said that her home was considered affordable housing with income restrictions placed on the deed.  She presented the Board with a table of property values and their square footage.  She questioned why some properties seemed to be assessed much higher even though the size only varied by 4, 8, or 12 square feet.  Discussion among the Board and staff ensued regarding the status of the income restrictions.  It was discovered that the deed restriction had been lifted. 

 

Chair Rennels said that the property has been readjusted back multiple times in the past.  She said that currently, the assessment of the property at $140,000 is accurate, given that the deed restriction has been removed.  Commissioner Gibson said that the comparables provided by the Assessor’s Office accurately reflect an assessed value of $140,000.    

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners deny the Petition for Abatement and Refund of Taxes for Brian D. and Marilyn K. Crouse, Parcel Number 96131-32-012, and uphold the Assessor’s value of $140,000 for 2006.

Motion carried 3-0.

 

 

The meeting ended at 2:10 p.m.

 

 

 

 

__________________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

__________________________________

Kristen L. Romary, Deputy Clerk

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