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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/08/11  

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, AUGUST 8, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Eric Tracy, Engineering Department; Meegan Flenniken, Natural Resources Department; Rob Helmick and Toby Stauffer, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly 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.

 

Mr. Lafferty requested that the Board of County Commissioners place item #1, “Larimer County Natural Resources Sign Appeal, file #11-G0218,” on the consent agenda as there was no disagreement between staff and the applicant. The Board agreed and placed the item on the consent agenda.

 

1.         LARIMER COUNTY NATURAL RESOURCES SIGN APPEAL, FILE #11-G0218:   This is a request for approval of an appeal to Section 10.10.B of the Land Use Code. Section 10.10.B allows a sign for semi public, or public, use in a rural district to be 6-feet-tall and the proposed sign for Larimer County Natural Resources is 6.5-feet-tall. Initially, the applicant proposed a larger sign, warranting an appeal to section 10.10.A.4; however, after measuring the sign more specifically, the proposed square footage for the sign face, 25-square-feet, meets the requirements for section 10.10.A.4.

 

The existing bison sign/sculpture is approximately 6-feet, 8-inches-wide, 5-feet and 1-inch-tall, with roughly 2.5-square-feet of sign face. The use on the property is a public facility, the offices of the Natural Resources Department. Visitors to the building may purchase park permits, obtain park information, attend meetings/events, or vote; therefore, a consistent for the public to easily locate the facility is present and there are no other identifiers of the building.

 

The proposed sign for the Natural Resources department will replace the existing bison sign/sculpture and will be in the same location. The sign face will be larger than the existing sign, a change from 2.5-square-feet to 25-square-feet. The sign height will be 1-foot and 4-inches taller than the existing sign. The width of the proposed sign will also increase, from 6-feet and 8-inches to 10-feet.

 

Staff recommends approval of the Larimer County Natural Resources Sign Appeal, file #11-G0218, a request to allow a sign to be 6.5-feet-tall for a public facility in the O-Open zone district.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as presented above.

 

Motion carried 3-0.

 

2.         NOVAK NONCONFORMING USE, FILE #11-Z1854:   This is a request to convert an existing studio into a residence by replacing an existing non-conforming residence. The applicant for this proposal is the Novak family, whom acquired the lot with the three existing dwellings in April of 2011. Throughout time, all planning records indicate that the property has contained the two residential dwellings, the studio, and various outbuildings. 

 

This property was originally a 7-acre parcel, created in 1981 with the three existing dwellings.  In 1985, the 7-acre-tract became a 17-acre-tract that extended to CR 14. In 1994 another “amendment” to adjust property lines was initiated, approved by the Planning Department but, never formally completed via recordation of the final amended plat; this adjustment would have formally added 8-acres to the existing 17-acre parcel. Eventually, a transfer of property did occur, via deed, without completion of an amended plat, creating a nonconforming parcel.

 

The applicant has proposed to change the non-conformity of the property by transforming the previous studio into a residence and transforming one of the residences into a studio. The applicants believe that it would be a better investment to “repair/maintain” the studio structure rather than attempt to “repair/maintain” the older residence. The history of the property is a bit confusing and it is unknown when and how each structure has been used but it is clear that there have always been two legal residential uses on the property.  

 

In their review of the application, staff has found that the proposal to switch from one house to another is reasonable and, historically, there have been two residences on this parcel with their existence being noted in several of the county’s files. Technically, the site can be served with the necessary utilities and a single access exists at the site and will continue to serve both residences.

 

Therefore, staff recommends approval of the Novak Nonconforming Use, file #11-Z1854, subject to the following condition:

 

1.         The applicant/owner(s) shall obtain all required permits within 90-days of approval by the Board of County Commissioners. 

 

Chair Donnelly opened the hearing to the applicants. Craig and Clint Novak addressed the Board and stated that they were aware of the property’s many problems, including its non-conforming status, before purchasing; however, they are currently working to resolve the issues. Clint Novak stressed that changing one of the residential structures on the property to a studio, and converting the existing studio into the second residence, would allow the owners to live on the property, which he described as the first step to resolving the many issues.

 

Chair Donnelly opened the hearing to public comment and Bill Beierwaltes, adjacent property owner, addressed the Board. Mr. Beierwaltes explained that in the 1990’s the owner of his parcel sold a portion to the owner of Mr. Novak’s property and created an amended plat to show the transfer. He stated that along with the property transfer, the previous owners included a 30-foot access easement through Mr. Novak’s property to Mr. Bierwaltes’ property. However, the amended plat was never recorded; therefore, the easement was never made official. Mr. Beierwaltes requested the Board deny the Novak’s request until Mr. Novak agrees to honor the 30-foot access easement, as illustrated on the amended plat contained within the files of the Planning Department.

 

Mr. Novak readdressed the Board and stated that he was not aware of the access easement before purchasing the property and he had no desire to have a “highway” in his yard. Mr. Novak requested the Board allow he and Mr. Bierwaltes to resolve the issue privately as Mr. Bierwaltes currently has ingress/egress access to his property via County Road 16.

 

Chair Donnelly closed the hearing to public comment.

 

Commissioner Johnson stated that he was in favor of the residential change as proposed. He further stated that the Board did not have the ability, nor the proper information, to consider resolution of the access easement.

 

Commissioner Gaiter agreed with Commissioner Johnson and encouraged the property owners to resolve the problem on their own.

 

Chair Donnelly stated that he is against allowing nonconforming uses and would like to see the issues resolved before any changes are authorized.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of Equalization approve the Novak Nonconforming Use, file #11-Z1854, subject to the condition listed above.

 

Motion carried 2-1, Chair Donnelly dissenting.

 

There being no further items, the Board adjourned at 3:45 p.m.

 

 

TUESDAY, AUGUST 9, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Gary Buffington, Natural Resources Department; Charlie Johnson, Engineering Department; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Shelby Majors and Ken Ecton addressed the Board to discuss a private wedding held by Randy Pope at his property on Bingham Hill.

 

Mel Hilgenberg relayed information to the Board regarding events within the county.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 1, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of August 1, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 15, 2011:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as follows:

 

08092011A001           FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR CARSTENS BACKBONE VIEW SUBDIVISION, PHASE 1, FILE #05-S2496, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, GILBERT CARSTENS, AND RUTH CARSTENS

 

08092011R001           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY GRASSLANDS PUBLIC IMPROVEMENT DISTRICT NO. 44

 

08092011R002           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY CLYDESDALE PARK PUBLIC IMPROVEMENT DISTRICT NO. 50

 

08092011R003           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY CLYDESDALE ESTATES PUBLIC IMPROVEMENT DISTRICT NO. 51

 

08092011R004           RESOLUTION IN SUPPORT OF LARIMER COUNTY YOUTH, FAMILIES, AND THE OUTDOORS PILOT PROGRAM

 

MISCELLANEOUS:   Letter of Support for the Great Outdoors Colorado (GOCO) Grant Application.

 

LIQUOR LICENSE:  The following liquor license was approved and issued:  FOCO Derby Girls – Special Event 6% – Fort Collins.

 

Motion carried 3-0.

 

5.         APPROVE THE BOARD OF EQUALIZATION REFEREES’ RECOMMENDATIONS FOR THE WEEK OF AUGUST 1, 2011:

 

M O T I O N

 

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

 

Motion carried 3-0.

 

Ms. Cookman presented the referee recommendations for August 1st, 2nd, 3rd, 4th, and 5th, 2011, and requested approval on the same. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of Equalization approve the recommendations for August 1st, 2nd, 3rd, 4th, and 5th, 2011.

 

Motion carried 3-0.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

6.         DISCUSSION OF SB 11-066 ISSUANCE OF SPECIAL EVENTS PERMITS:   Ms. Cookman explained that SB 11-066, becoming effective August 10, 2011, authorizes the local licensing authority to issue special events liquor licensing permits to qualifying organizations without sending the application to state offices for final approval.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners allow Special Event Liquor License applications to be approved, or denied, at the local level, without state issuance, in accordance with SB 11-066.

 

Motion carried 3-0.

 

7.         SALE OF BIG THOMPSON FLOOD PARCEL:   Mr. Buffington and Mr. Johnson addressed the Board to request approval for the sale of a .7-acre Big Thompson Flood Parcel, known as the Bartels Parcel. Mr. Buffington explained that this request is in compliance with the Natural Resources Department’s attempt to return parcels of land, acquired by the county after the Big Thompson Flood, back to private ownership. Lastly, Mr. Buffington noted that the prospective buyers are the heirs of the landowners at the time of the Big Thompson Flood. If approved, the parcel would be returned to Bartes Brothers Inc. for the amount of $10,750.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Resolution for Conveyance by the Board of County Commissioners and the accompanying Quit Claim Deed.

 

Motion carried 3-0.

 

08092011R005           RESOLUTION FOR CONVEYANCE OF LAND BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BARTELS BROS. LLC

 

8.         PRESENTATION OF THE QUARTERLY POLICY GOVERNANCE MONITORING REPORT:   Mr. Lancaster addressed the Board and explained that under the adopted Policy Governance, monitoring of the County Manager’s performance includes examining organizational performance against Board policies on outcome and staff limitations. More specifically, the July monitoring report is specified to cover Section 3.3, Financial Planning/Budgeting.

 

Therefore, Mr. Lancaster reported that the county is in compliance with all measures.

 

9.         BOARDS AND COMMISSIONS APPOINTMENTS:   Ms. Tokarz presented the following individuals for appointment:

 

Board of Appeals:  Steven Lucas, appointed to a 3-year term beginning August 9, 2011, and expiring June 30, 2014.

 

Rural Land Use Board:  Debra Herston, appointed to a 3-year term beginning August 9, 2011, and expiring June 30, 2014; and Vicki Marble, to fill the unexpired term of John Hatfield, beginning August 9, 2011, and expiring June 30, 2013.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appointment of Steven Lucas to the Board of Appeals and Debra Herston to the Rural Land Use Board, in accordance with the terms listed above.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the appointment of Vickie Marble to the Rural Land Use Board, in accordance with the terms listed above.

 

Motion carried 2-1, Commissioner Johnson dissenting.

 

10.       COUNTY MANAGER WORKSESSION:  Mr. Lancaster informed the Board that he would be attending the Loveland City Council Meeting to hear information regarding a power line that is to be installed across various areas of Loveland, Fort Collins, and unincorporated Larimer County.

 

11.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

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

 

There being no further business, the Board adjourned at 10:00 a.m.

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

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