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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 5, 2009

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioner Donnelly was present. Also present were:  Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Toby Stauffer and Sean Wheeler, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics.

 

Chair Rennels explained that the following item was on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         CRYSTAL LAKES 5TH LOT 64A EASEMENT VACATION, FILE #09-S2903 :  This is a request to vacate a 14-foot utility easement along the common lot line of the previously combined Lots 64 and 65, Crystal Lakes 5th Filing. The two lots were combined into Lot 64A by Lot Consolidation, file #08-S2848, making the vacant easement unnecessary and entirely contained within this lot.

 

This request was forwarded to the appropriate departments and agencies for comment. The responses from these groups indicate that there are no other issues of concern; therefore, staff recommends approval of the Crystal Lakes 5th Filing Lot 64A Utility Easement Vacation, file #09-S2903, to vacate a 14-foot utility easement along the common lot line of the previously combined Lots 64 and 65 of Crystal Lakes 5th Filing.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as published.

 

Motion carried 2-0.

 

2.         SIPPEL/BURKE APPEAL, FILE #09-G0175:   This is a request for approval to use a single-wide manufactured home as a private workshop. In the Land Use Code, Section 4.3.2.I prohibits the use of manufactured homes as storage buildings or garages on vacant lots. Also, mobile and modular homes are not designed, constructed, or approved to be used as accessory structures by the County Build Department.

 

The applicant’s are currently in the process of constructing a single-family home on the site; however, a previous owner had placed a single-wide manufactured home on the property. The record is unclear as to exactly when the previous owner placed the manufactured home on the property, or the age of the manufactured home. The Larimer County Assessor does not list the site as having any residence.

 

After purchasing the property, the applicants applied for a building permit to construct their single-family home. They were advised at that time, that the manufactured home would need to be removed or they would need to receive approval from the Board of County Commissioners or the unit to remain on site. The applicants have stated that they will remove the plumbing and appliances in the manufactured home, and use the structure only as a private workshop. As a final note, no adjoining property owners have contacted staff with concerns or questions regarding this request.

 

After careful review of this case, staff has concluded that with adherence to the conditions below, the appeal will not subvert the purposes of the Land Use Code, be detrimental to the public, or impact property values in the neighborhood. Based on the location of the unit (in a heavily vegetated area of a 40-acre site), along with the applicants having agreed to remove appliances, staff concludes the request will meet these criterion. In addition, approval of the appeal is the minimum action necessary and it will not result in any costs to the general public.

 

Staff recommends approval of the Sippel Burke Appeal, file #09-G0175, subject to the following conditions:

 

1.    Use of the mobile home shall be consistent with the information contained in the Sippel Burke Appeal, file #09-G0175, except as modified by the conditions of approval or agreement of the county and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Sippel Burke Appeal.

 

2.    The applicant shall obtain all required building permits and meet the conditions listed in Section 18 of the Land Use Code, related to the use of mobile homes that are located outside of mobile home parks. 

 

3.    The applicants shall apply for a building permit within 30-days of the date of approval by the Board of County Commissioners, and shall have 18-months from the date of building permit application to complete the requirements.

 

4.    Use of the mobile home is limited to private hobby or workshop uses, and shall not have any commercial element.

 

5.    All appliances shall be removed and closet spaces converted to storage. 

 

6.         If restroom facilities are required, the mobile home shall attach to the existing septic system and be subject to the technical standards administered by the Larimer County Health Department.

 

Chair Rennels opened the hearing to the applicant and Larry Sippel addressed the Board. Mr. Sippel stated that he was in agreement with staff regarding all of the conditions of approval, except he was unsure whether he could meet condition #2 but assured the Board he would try.

 

Chair Rennels asked if the mobile home would be used for home occupation and Vivian Burke, also an applicant, stated she would only use the mobile home for hobby work, which is limited to arts and crafts.

 

Chair Rennels opened the hearing to public comment; however, there was no public present to comment on this item.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Sippel Burke Appeal, file #09-G0175, subject to the conditions listed above.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 3:15 p.m.

 

 

TUESDAY, OCTOBER 6, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager. Chair Rennels presided and Commissioner Donnelly was present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Mark Peterson, Engineering Department; Marc Engamoen, Department of Public Works; Jeannine Haag and William Ressue, Assistant County Attorneys; and Melissa Lohry, Deputy Clerk.

 

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

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 28, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of September 28, 2009.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 12, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for October 6, 2009, as outlined below:

 

ABATEMENTS:   As proposed by the County Assessor, the following Petitions for Abatement were presented for approval:  QR, Inc.; William J. Sullivan and Donna L. Sullivan.

 

10062009A001           AMENDMENT TO THE LEASE AGREEMENT FOR PROPERTY AT 2310 EAST PROSPECT ROAD, FORT COLLINS, COLORADO; DATED JUNE 23, 2009, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND C AND C HOLDINGS

 

10062009A002           CONTRACT AMENDMENT TO CLIN#09KAA00007, CMS#4081, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF LABOR AND EMPLOYMENT WORKFORCE DEVELOPMENT PROGRAMS

 

10062009A003           PROJECT SELF-SUFFICIENCY AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY WORKFORCE CENTER, AND PROJECT SELF-SUFFICIENCY

 

10062009A004           SECOND ADDENDUM TO THE DEVELOPMENT AGREEMENT FOR BENNETT CONSERVATION DEVELOPMENT, FILE #03-S2142, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, BEN DURAN, AND BLANCA DURAN

 

10062009R001           FINDINGS AND RESOLUTION APPROVING THE EXISTENSION OF THE WILD RURAL LAND USE PLAN PRELIMINARY PLAT APPROVAL

 

10062009R002           FINDINGS AND RESOLUTION APPROVING THE BECKERS FEE APPEAL

 

LIQUOR LICENSE:  The following license was approved and issued:  Berthoud Discount Liquors – Retail Liquor Store – Berthoud.

 

Motion carried 2-0.

 

4.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster requested the Board make a motion to retain $1.7 million in reserve funds for potential litigation at The Ranch, as discussed in an executive session held on September 21, 2009.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners retain $1.7 million in reserve funds for potential litigation at The Ranch.

 

Motion carried 2-0.

 

5.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities at events during the previous week.

 

6.         EXECUTIVE SESSION:  Mr. Engemoen presented a Ditch Easement Agreement for the Board’s approval. If approved, the agreement would be between the Board of County Commissioners, Highland Farms Association, the Town of Windsor, and William Miller, Judith Boyle, Dan Stinchomb, Jim Greer, Joanne Greer, Dick Keller, and Kathy Keller. The agreement would settle a long standing dispute between members of the Highland Farms Association and the Board of County Commissioners regarding the use of Highland Ditch Water for irrigation of the fairgrounds, without requiring litigation.

 

A $17,500 one-time payment will be required to be paid from the general fund reserves and any annual maintenance costs will be taken from The Ranch’s budget.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve an agreement between the Board of County Commissioners, Highland Farms Association, the Town of Windsor, and William Miller, Judith Boyle, Dan Stinchomb, Jim Greer, Joanne Greer, Dick Keller, and Kathy Keller.

 

Motion carried 2-0.

 

10062009A006           DITCH EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE TOWN OF WINDSOR, THE HIGHLAND FARMS ASSOCIATION AND WILLIAM MILLER, JUDITH BOYLE, DAN STINCHCOMB, JIM GREER, JOANNE GREER, DICK KELLER, AND KATHY KELLER

 

Mr. Peterson presented a memorandum of understanding for approval by the Board. If approved, the memorandum of understanding would serve to define the rules and responsibilities for management and administration of regional stormwater improvements to Coal Creek. The improvements will be limited to Coal Creek and are funded by a grant from the Federal Emergency Management Agency (FEMA).

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Memorandum of Understanding Between the Board of County Commissioners and the Boxelder Basin Regional Stormwater Authority.

 

Motion carried 2-0

 

10062009A005           MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY

 

Mr. Ressue requested the Board go into executive session for the purpose of receiving legal advice with no action to follow.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 2-0.

 

Mr. Lancaster requested the Board go into executive session for determining positions relative to matters that may be subject to negotiations with no action to follow.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402(4)(e) C.R.S.

 

Motion carried 2-0.

 

There being no further business, the meeting adjourned at 11:00 a.m.

 

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

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