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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 09/05/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 5, 2011

 

There were no meetings held on Monday, September 5, 2011, due to the Labor Day Holiday.

 

TUESDAY, SEPTEMBER 6, 2011

 

 

ADMINISTRATIVE MATTERS

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Donnelly presided and Commissioner Gaiter was present.  Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Korrie Johnston, Amy Pezzani, and Heather Bouniconti, Food Bank of Larimer County; John Gamlin, Human Resources Department; Sheriff Smith and Undersheriff Nelson, Sheriff’s Department; Jeannine Haag , County Attorney’s Office;  and Gael Cookman, Deputy Clerk.

 

1.    PUBLIC COMMENT:  Stacy Lynne addressed the Board with concerns regarding how she was treated by Sheriff’s deputies while at court the pervious week.  She had questions pertaining the Open Records Act, and about accountability for the Sheriff.  Some discussion ensued and the Board explained that, other than the budget approval process, they have no jurisdiction over other elected officials.

 

Mel Hilgenberg commented on a number of issues relative to Larimer County.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEKS OF AUGUST 22, 2011, AND AUGUST 29, 2011 :  

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the weeks of August 22, 2011, and August 29, 2011. 

Motion carried 2-0.

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 12, 2 011:   Ms. Hart reviewed the upcoming schedule with the Board.

4.  CONSENT AGENDA: 

M O T I O N

Commissioner Gaiter moved that the following items on the consent agenda be approved:

 

09062011A001           OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE ENTERPRISE ZONE MARKETING GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO

 

09062011A002            DEPARTMENT OF PUBLIC WORKS CONTRACT AGREEMENT, PROJECT NO. 296 FOR RECONSTRUCTION OF COUNTY ROAD 43E BRIDGES NORTH OF TIMNATH, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND LEFT HAND EXCAVATING  

 

09062011D001           REQUEST FOR RELEASE FROM THE TOWN OF BERTHOUD TO LARIMER COUNTY FOR BERTHOUD COUNTY GARAGE AND SHOP

 

09062011R001           FINDINGS AND RESOLUTION APPROVING THE DUNCAN MINOR SUBDIVISION

 

09062011R002           RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING FREESTANDING TOWNHOMES

 

09062011R003           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL DAWN DOWNS

 

LIQUOR LICENSES:  The following licenses have are recommended for issuance and approval:  Horsetooth Productions – Special Event Permit 6% - Wellington . 

 

Motion carried 2-0.

 

5.  HUNGER ACTION MONTH PROCLAMATION:  Ms. Johnston provided statistics regarding the increase of citizens utilizing the food share programs, noting that the recession has had a huge impact on the community.  Ms. Johnston also announced the opening of their new food share warehouse in Loveland, and invited the Board to attend their community opening on September 23, 2011.  Gaiter read the proclamation aloud.

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve proclaiming the Month of September as Hunger Action Month.

Motion carried 2-0.

6.  APPOINTMENT TO THE WELD/LARIMER REVOLVING LOAN FUND COMMITTEE:  Ms. LaRue requested Board approval on appointing Lewis Hagler to the Weld/Larimer Revolving Loan Fund Committee.  

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve the reappointment of Lewis Hagler to the Weld/Larimer Revolving Loan Fund Committee, allowing him to serve another full term.

Motion carried 2-0.

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

 

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

9.  LEGAL MATTERS:   Ms. Haag requested that the Board go into executive session for legal matters.

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for negotiations concerning terms of a development agreement as outlined in 24-6-402(4)(b) C.R.S., and to discuss a personnel matter as outlined in 24-6-402(4)(f) C.R.S.

Motion carried 2-0.

The meeting recessed at 10:50 p.m., with no further action taken.

 

 

ABATEMENT HEARING

 

 

The Board of County Commissioners reconvened at 1:30 p.m. for Abatement Hearings.  Chair Donnelly presided and Commissioner Gaiter was present.  Also present were:  Kathy Thornton, Assessor’s Office, Kristal Crites, Paul Devenny and Kimberly Devenny, Property Owners; and Gael Cookman, Deputy Clerk. 

 

1.  PETITION FOR ABATEMENT, PARCEL NUMBER 95082-27-008:   Ms. Thornton described the subject property and presented the packet of comparables used to arrive at the assessed value of $478.400.

Mrs. Crites explained that she and her husband purchased the property as a foreclosure at the end of 2010, outside the time period for the appraisal process.  She further explained that the house was never lived in and sat vacant for four years.  As a result there were numerous issues to contend with and that they have spent close to $200,000 just trying to fix the problems.

Much discussion ensued regarding the property in question, surrounding properties and comparables.  Ultimately, the Board agreed that the property value should be lowered to $1,400,000.00.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners partially approve the Petition of Abatement for parcel number 95082-27-008, lower the indicated value to $1,400,000.00, and provide an abatement of taxes for the 2010 tax year.

 

Motion carried 2-0.

 

2.  PETITION FOR ABATEMENT, PARCEL NUMBER 86144-11-019:  Ms. Thornton described the subject property, noting that it was located on the Ptarmigan golf course, and she presented and reviewed the packet of comparables used to arrive at the assessed value of $528,178.00.

Mr. Devenny presented his own comparables, many of which could not be used due to inventory type (ranch versus 2-story home), and sales outside of the time frame.  However, Mr. Devenny stated that there were other issues to consider: the home is not suitable for children due to safety issues from the golf course, it was in need of stucco repair, and that the home values in Ptarmigan were wildly inaccurate. 

 

Some discussion ensued, the Board looked at the cost per square foot of all the comparables presented and agreed that the value should be set at $517,000.

 

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners partially approve the Petition of Abatement for parcel number 86144-11-019, lower the indicated value to $517,000.00, and provide an abatement of taxes for the 2009 and 2010 tax years.

 

Motion carried 2-0.

The meeting recessed at 2:40 p.m.

 

 

 

LAND USE

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Gaiter was present.  Also present were:  Rob Helmick, and Toby Stauffer, Planning Department; Doug Ryan, Environmental Health Department; Tracy Shambo, and Martina Wilkerson, Engineering Department; Chad Gray, Code Compliance; Jeannine Haag, County Attorney’s Office; and Gael Cookman, 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 addressed the Board for public comment.

 

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

 

1.  SEASER LOT SIZE APPEAL, FILE #11-G0220:   This is a request for a lot size appeal to allow a Boundary Line Adjustment, which is changing the configuration of two lots, to reduce the size of one lot from 14.33 acres to 7.45 acres, creating one lot that is smaller than the 10 acre minimum lot size for the O-Open zoning district. Parcel 1 is 14.33 acres and Parcel 2 is 1 acre. Parcel 1 will be reduced in size from 14.33 acres to 7.45 acres. The adjustment to Parcel 1 requires the lot size appeal. Parcel 2 is currently smaller than the 10 acre minimum and therefore non-conforming. This adjustment will increase the lot size to 7.44 acres, reducing the non-conformity.

 

The two resultant lots will be split along a natural fall line in the rocky topography of the site. See file #11-S3051 for additional information. Generally boundary line adjustment processes are administrative and do not require a hearing by the County Commissioners, therefore, the adjustment will be reviewed separately from this lot size appeal.

 

The Development Services Team finds that the request is consistent with the pattern of lots in the area, the proposed lots can support potential uses in the zone district, the proposed lot sizes are compatible with topography and natural features of the area, as the break between lots creates a logical boundary, and the appeal is consistent with the intent and purpose of the code.

 

The Development Services Team recommends approval of the Seaser Lot Size Appeal file #11-G0220 subject to the following condition:

1.   The final plat for the Seaser Boundary Line Adjustment file # 11-S3051, shall meet all applicable requirements and be recorded per the standard County process.

 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Seaser Lot Size Appeal file # 11-G0220, as listed on the consent agenda and outlined above.

 

Motion carried 2-0.

 

2.   TIMBERLINE RESOURCES SPECIAL REVIEW AMENDED CONDITIONS, FILE #11-G0222:    The Timberline Resources Special Review was originally approved in 2005 and included several conditions of approval with respect to the commencement of mining.  They are as follows:

The Special Review shall automatically expire without a public hearing if the use is not commenced after the Stegner operation is completed or within three years of the date of approval, whichever occurs first.

 

The time allowed to complete mining operations is a maximum of 10 years beginning on the date of completion of mining for the Stegner Pit (file# 98-Z1281).

 

All improvements required to be constructed or installed for mining use of the Property shall be install, constructed or performed by the Operator on or before commencement of the use but no later than December 27, 2008.

 

In 2009 the Board of County Commissioners approved the second amendment to the approval of this mining request.  This altered the commencement date to September 12, 2011.  That application and a previous one had requested additional time and or change in the terms for collateral to be held for improvements.  Both of those amendments were approved.  This request is not submitted by Aggregate Industries but is submitted by the landowner.  Since the last amendment the Stegner pit has changed hands and Aggregate Industries is no longer the operator and the pit owner Trollco, Inc. has an additional three years to complete the mining and commence reclamation.  The owners here have indicated that will not be renewing their lease with Aggregate Industries and will select a new operator in the future. 

 

This request is for:

·  An additional 5 years to commence mining activity on site.

·  Provide for additional time for the construction of improvements and posting of construction collateral.

·  Remove the restriction on commencement tied to the completion of the Stegner Pit

 

This request comes at a time when the Team has seen most of the sand and gravel operations in the County go on hiatus or on very limited schedules.  We are aware of at least three other operations that have or may request additional time to complete the approved mining.  This is principally due to the state of the economy and the slow down in construction activity.  From the standpoint of this premise the request entirely reasonable. 

 

The applicants have conducted an outreach to the surrounding property owners and project information was mailed to surrounding owners.  The project will be presented to the LaPorte Area Planning Advisory Committee on August 16, 2011 and the written comments from that meeting will be provided to the Board of County Commissioners at the hearing.  The members of LAPAC were unable to reach a consensus on the extension question and therefore have forwarded no recommendation on that aspect of the request.  Regarding the ‘de-linking” of the application to the completion of the Stegner Pit they indicated that were concerned and believe that expectation of the community was that only one pit would be open/operating at a time irrespective of the operator. 

 

The Development Services Team recommends Approval of the Timberline Resources Special Review Amended Conditions File # 11-G0222, subject to the following condition(s):

 

1.   All conditions of the original and amended approvals shall continue to apply as appropriate and unless modified by this approval. 

2.   Modify the conditions of approval and Development Agreement to reflect the changes as requested by the owners, in general:

·  Eliminate the connection to completion of the Stegner Pit.

·  Extend for an additional five years the time to commence mining to September 12, 2016.

·  Time the completion of improvements and submission of collateral to the commencement of mining.

·  Time the payment of fees to the commencement of mining. 

 

Mr. Helmick gave a brief description of the request as outlined above, noting that staff recommends approval of the appeal and removal of the requirement to finish out the Stegner Pit first. 

 

Paul Banks, representing the applicant, explained that the reasons for the appeal are due to the sluggish economy, which has resulted in the demand for sand and gravel to go down 50 percent.

 

Chair Donnelly opened up the hearing for public comment.  No one addressed the Board regarding this item.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Timberline Resources Special Review Amended Conditions File # 11-G0222, subject to the condition(s) as outlined above.

 

Motion carried 2-0.

 

3.  NEIDIGH APPEAL, FILE #11-PSP0011:   The applicants propose to utilize an existing ‘office” structure on the property as an Accessory Living Area.  The property is owned by the applicant’s daughter and son in law.  There are three structures on the property; a single-family dwelling 3035 Square feet, a 1280 square foot office and a 1950 square foot garage/shop building.  The previous owner apparently used the “office” for some on site business - there is no record of this use in the Planning or Building Department files.  The structure shows in the Assessors records as a second residence on the site this was never permitted as anything except as a garage or shop. 

 

The ALA regulations allow the accessory unit to be up to 800 square feet or 40% of the main house square footage exclusive of basements and garages, not to exceed 800 sq. ft.  The main house is over 2000 square feet so 800 square feet would be allowed.  The proposal is two parts one to convert the existing garage/office to the ALA at 1280 sq.ft., the second would be to allow an additional of 800 sq. ft. to increase the unit to be 2080 sq. ft.  The site is in an established subdivision south of Berthoud on two + acre lots served by public water and on site sanitation systems. 

 

The Development Services Team finds that the proposed appeals, allowing addition square footage to an Accessory Living Area, by allowing the existing square footage to be utilized will:

·  Not subvert the purpose of the standard or requirement.

·  Not be detrimental to the public health, safety or property values in the neighborhood.

·  Be the minimum action necessary.

·  Not result in increased costs to the general public.

·  Be consistent with the intent and purpose of the Code.

 

However, the proposed addition of 800 square feet cannot be found to be consistent with the above rationale. 

The Development Services Team recommends Approval of the Neidigh Appeal file # 11-PSP0011, subject to the following condition(s):

1.    The approval is limited to conversion of the existing 1280 square foot “office” building. 

2.     Obtain all necessary permits and permissions prior to the use commencing.

3.   Payment of all required fees including TCEF.

 

The Development Services Team recommends the proposed expansion of 800 square feet to allow an ALA of 2080 square feet be Denied. 

 

Mr. Helmick described the appeal as outlined above. 

 

The applicant, Deb Neidigh, addressed the Board and explained that they wish to expand the living space in order to make it more comfortable as a home.  She thanked the planning staff for all of their assistance and support in this matter.

 

Chair Donnelly opened up the hearing for public comment.  No one addressed the Board regarding this item.

 

The Board agreed with staff’s recommendations.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners Approve the Neidigh Appeal file # 11-PSP0011, subject to the condition(s) as outlined above, and deny the proposed expansion of an additional 800 square feet. 

 

Motion carried 2-0.

 

4.  LEISTIKOW MINOR RESIDENTIAL DEVELOPMENT AMENDED PLAT, FILE #11-S3054:   This is a request to amend the Leistikow Minor Residential Development (MRD) by reconfiguring 4 existing lots into 3 lots.  Additionally, this request includes vacation of the southern portions of an irrigation easement and removal of the requirement of residential use only on the proposed Lot 2.

 

The Leistikow property, which is situated on the southeast corner of Timberline and Trilby Roads, consists of a total of 37.5 acres and contains 3 existing dwellings.  All the property/lots and dwellings are currently under a single ownership. 

Expectations for the property, if this application is approved, are to remove all the existing dwellings and out-buildings from the property and reconstruct one dwelling for the current property owner on the proposed Lot 1 (2.58 acres).  If the subject Amended Plat is approved, it is anticipated that the proposed Lot 2 will be annexed into the City of Fort Collins and a development proposal submitted for a religious facility.  Therefore, this application also requests the removal of the current residential use only restriction.  Lot 3 of the subject application will remain in the County until a development application for residential uses is approved consistent with the Fossil Creek Reservoir Area Plan.

 

The area surrounding the property consists of a church and urban residential development to the north, residential development to the west, and rural residential uses to the east and south.  Access to Lots 2 and 3 will be achieved via an internal connecter road from Timberline and Trilby Roads, while Lot 1 will be from and Rock Castle Lane, which is a private road.

 

The primary purpose for this Amended Plat is to accommodate the development of religious facilities on a portion of the property (proposed Lot 2) by adjusting lot lines and by removing a restriction of the original MRD that restricts use of the properties to residential use only.  By way of background, the residential use only restriction was applied to this property as part of the initial division of the property in 1992.  At that time the County offered property owners the option of a Minor Residential Development application verses a Subdivision application for up to 4 lots with the understanding that this simplified process would be offset by a restriction that the lots would only be used for residential purposes.

 

In many cases during the 1980’s and 1990’s MRD applications were applied to rural properties that had limited availability to public facilities such as water and sewer. However, by the year 2000 much had changes in the County and the MRD process was eliminated because many believed that such an exemption process undermining the effectiveness of the subdivision regulations and the expansion of public facilities.

 

With regards to the subject property it was divided by MRD in 1992 when incorporation into the City limits was not contemplated, thus development of the property for uses other than residential was not considered a possibility given the limited availability of public facilities.  However, since then the property has been included in the Fort Collins GMA boundary and the Fossil Creek Reservoir Area Plan has been adopted across the property and the surrounding area, and it is anticipated that these area will develop as urban uses and intensities. Therefore, Staff believes that the restriction of residential use only should be lifted from Lot 2 of the Amended Leistikow MRD to accommodate non-residential uses contemplated by the land uses designations found in the Fossil Creek Reservoir Area Plan.

 

The removal of this condition is receiving some concern on behalf of the residents in the surrounding area.  They indicate that allowing non-residential uses in this area will increase traffic and other activities that are not conducive to the existing residential setting.

 

Also of concern with this application is an issue regarding maintenance of Rock Cast Lane, which is a private access road that serves the existing uses on the property, and will serve Lot 1 and Lot 3 of the Amended Leistikow MRD.  In 1993, just after the approval of the Leistikow MRD, the Board of County Commissioners was asked to clarify a condition of the original approval regarding maintenance of the common access road along the southern boundaries of the Leistikow property.  The results of this hearing included a lot sale restriction and building permit prohibition on Lot 3 of the original MRD until such a time that the property owner entered into an agreement for maintenance of the road.  Nearly 20 years has passed and this agreement has still not been realized.  As such, staff is recommending conditions restricting the development of Lots 1, 2 and 3 of the proposed Amended Leistikow MRD, until a maintenance agreement is agreed upon and recorded.  The agreement should include a prorate share of the cost of maintenance.

 

           

Staff believes that the proposed Amendments to the Leistikow MRD are consistent with the intent of the land use objectives of the Fossil Creek Area and are consistent with the Review Criteria for such amendments.

 

The Development Services Team recommends Approval of the Leistikow MRD Amended Plat, File #11-S3054 including the vacation of the southern portion of a existing irrigation easement and removal of the residential use only requirement on the proposed Lot 2, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

·  All conditions of approval shall be met and the Final Plat recorded by March 6, 2012 or this approval shall be null and void.

 

·  Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

·  The vacation of the easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

·  The final Leistikow Amended Plat shall include a not that states that “Any covenants, deed restrictions or other conditions of approval that applied to the original lots shall continues to apply to the resultant lots”.

 

·  No building permits shall be issued on Lots 1, 2 or 3 of the Amended Leistikow MRD until a maintenance agreement is executed by all the property owners including those in the Leistikow MRD utilizing Rock Castle Lane for purposes of access to their properties. 

 

·  Lot 2 of the Amended Leistikow MRD shall no longer be subject to the residential use only restriction of the original MRD.

 

·  The property owners agree that if after annexation of Lot 2 of the Amended Leistikow MRD the property is developed for residential uses, TDU’s shall be provided to the County for any residential lots exceeding the density allowance of one unit per 2.29 acres of lot area.

 

·  One of the residential structures on the proposed Lot 1 shall be made un-habitable until such a time that all structures are removed from the lot for the construction of a new residential dwelling.

 

Mr. Lafferty gave a description and background of the MRD, as outlined above.  Mr. Lafferty noted that there is a plan to place a Church of Latter Day Saints (LDS) temple on the property, but that really the item to discuss today pertains to removing the plat note restricting lot 2 to residential use only

 

Ken Meritt, representative for the applicants, displayed a PowerPoint presentation describing the subject property, proposed lot reconfiguration, and he touched on possible annexation into the city of Fort Collins. 

 

Chair Donnelly opened the hearing up for public comment and the following people spoke in favor of approving the application:  Laura Thompson, Wendi Cleverly, Kyle Cleverly, Suzanne Saunders, Robert Morain, Brad Saunders, Dawn Byers, and Rick Thompson.  All felt that a church was fitting for their neighborhood, and that if the property was developed as residential it would cause more traffic and congestion.  Some also stated that the LDS temple grounds are beautiful, well maintained, and would not negatively affect property values.

 

The following individuals spoke in opposition to the application:    Barbara Chappell, Devin Hirning, Evan Kelley, Debra Archer-MacGregor, Brian Gorman, Dr. John Sigmund, Christine Kelley, Karen Markel, John Anderson, David Maitland, Nancy Korb, Rick Lewis, Ryan Meyer, Jeff Reynolds, and Brian Long.  All were concerned with traffic and safety for their families, decreasing property values; some were concerned that the height and size of the temple would not be fitting for their neighborhood, and most were simply under the impression that the lots, if ever developed, would in fact remain residential.

 

Chair Donnelly closed public comment and Mr. Merrick addressed some of the comments.  Mr. Merrick clarified that there would be 275 parking spaces at the temple, not 475 as the city had mailed out in error.   He explained that the steeple proposed would be 100 feet high, not 200 feet, and that the temple itself would be limited to one-story high per city code.  Mr. Merrick agreed that traffic in this area is an issue, but that as a developer they could work to mitigate some of those issues as a result of the development plan. 

 

Under discussion, Commissioner Gaiter stated that he heard both sides talk about traffic and concerns for safety and maintaining the character of the neighborhood.  Commissioner Gaiter also stated that the plat note was created a long time ago, when the city limits were still miles away, but questioned whether the note makes sense now that the city line is only ten feet away.  Commissioner Gaiter stated that in his opinion, removing the note allows more opportunity for the community and, therefore, he supports staff’s recommendation.

 

Chair Donnelly stated that everyone who spoke had valid concerns, but agreed that this was not the forum to discuss the reality of constructing a church temple at this location.  He thanked everyone for attending and for being so respectful of each others views.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Leistikow MRD Amended Plat, File #11-S3054 including the vacation of the southern portion of a existing irrigation easement and removal of the residential use only requirement on the proposed Lot 2, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature.

Motion carried 2-0.

 

5.   RODARMEL CODE COMPLIANCE ITEM, FILE #11-CC0137:     The property owner is in violation of Section 4.1.5 O-Open Zoning District of the Larimer County Land Use Code by virtue of operating a commercial masonry business in the Open Zoning District which is not an allowed use without approval of a Special Exception. The property owner is also in violation of Section 105.1 of the International Building Code by virtue of changing the occupancy of a manufactured home into a commercial office.   This property is located north of the Highway 14 and west of Highway 287.

 

Notice of this public meeting was mailed certified and regular mail to the owner of the subject property as well as by regular mail to all adjacent property owners within 500 feet of the property.

 

On June 20, 2011 the Code Compliance Section received a complaint about Sandy Rodarmel’s business, JKM Masonry, moving onto this property. On June 29, 2011 Building and Code Compliance Lead Inspector Chad Gray inspected the property. Inspector Gray visually noticed a fork lift, material, and equipment stored outside on the property. Inspector Gray spoke to an employee inside the manufactured home and told him that the owner wasn’t at the office and that no one lived in the manufactured home. Mrs. Rodarmel later admitted no one was living in the manufactured home. The county regulations for home occupations and rural occupations operating from residential properties were explained to Mrs. Rodarmel. Also a special exception would be the only option for operating this business at this location since the business owner lives on a different property. Code Compliance received two additional complaints in the following weeks.

 

In July the public meeting date was set and Mrs. Rodarmel was asked if she would like to have a meeting with a Planner to discuss a special exception. She declined saying she didn’t plan on having the business at this location for a long period. She asked if she could move the business onto the property next door where she lives. Relocating the business would be a remedy to the existing code violation if the business is operated within the requirements of a home or rural occupation. Mrs. Rodarmel requests the Board of County Commissioners for some time to move the business over to her house. (See copy of event log for this file attached.)

 

Several adjoining property owners have raised concerns about impacts on their quality of life and their property values caused by this business.  The site is a residential lot in a rural area.

 

Staff findings are as follows:                

 

1.    The property is zoned O-Open.

 

2.    This business would require Special Exception approval to operate at this location since the business owner lives at another location.

 

3.    The manufactured home would require a change of occupancy permit if it is to be used strictly as an office.

 

Staff recommends that the Board of County Commissioners set a deadline for the property to be brought into compliance and authorize legal action if deadlines set by the Commissioners are not met. 

 

Mr. Gray reviewed the alleged violation, as outlined above, and displayed photos of the property and business equipment.  He also presented two complaint letters from surrounding neighbors that could not be in attendance at today’s meeting.

 

The property owner, Ms. Rodarmel, stated that she had to move their family business to their property due to the economy and the move was necessary to cut operating costs and overhead. Ms. Rodarmel stated that they do not exceed the 10 trips per day and that it is not to her benefit to retain business operations on this site, as most of her business is in Denver.  She noted that her goal is to move the entire business elsewhere by June 2012. 

 

Chair Donnelly opened up the hearing for public comment and neighbors Paul Roehr, Joslyn Franco, and Linda Griego addressed the Board.  All stated complaints with the noise, traffic, and heavy equipment damage to the roads.  Mr. Roehr and Ms. Franco also displayed photos of the site for the Board to consider. 

 

Chair Donnelly closed public comment and Ms. Rodarmel stated that she has been working on a large job, but she plans to move the business one way or another by June 2012.

 

Discussion ensued and the Board ultimately determined that 120 days would be appropriate length of time to bring the property into compliance.  Ms. Rodarmel agreed to this as well. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners set a deadline of 120 days to bring the property into compliance, require compliance by one of the options as shown below, and authorize legal action if the property isn’t in compliance by the deadline. 

 

-  Remove the business from this property; or

 

-  Obtain Special Exception approval for the business on this property; or

 

-  The business owner moves into the manufactured home and operates the business in compliance with county regulations for either a home occupation or a rural occupation.

 

Motion carried 2-0.

 

The hearing ended at 7:20 p.m., with no further action taken.

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk


 

 

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