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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, APRIL 23, 2012

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Charlie Johnson, Clint Jones, and Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Toby Stauffer, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and explained that the following item was on the consent agenda; therefore, it would not be discussed unless requested by the Board, staff, or a member of the audience.

 

Mr. Lafferty requested that the Board discuss the “Newt Planned Land Development, Lot 2, Amended Plat/Change of Plat Note and Appeal, file #12-S3100,” due to the fee appeal contained within the request.

 

1.         NEWT PLANNED LAND DEVELOPMENT LOT 2 AMENDED PLAT/CHANGE OF PLAT NOTE AND APPEAL, FILE #12-S3100:  This is a request for approval of an amended plat to change a condition, which currently restricts a proposed driveway to cross a wetland buffer.

 

The Newt Planned Land Division (PLD) was created in 2009 and approved by the Board of County Commissioners with a 50-foot wetland buffer. Section 8.2.8 – Wetland Development Standards, of the Land Use Code includes requirements to provide a 50-foot buffer for wetlands less than 1-acre in size to keep structures and improvements out of wetland areas.

 

Section 8.2.8 also indicates that the County Commissioners may allow roads and bridges across wetlands or buffer areas if they determine that:

 

1.         No practical alternative exists,

 

2.         All crossings minimize impact to the wetland and provide mitigation for impacts,

 

3.         Crossings do not change the overall wetland hydrology,

 

4.         Crossings do not diminish the flood storage capacity of the wetland, and

 

5.         Crossings do not negatively impact wildlife.

 

The property was originally laid out to allow adequate acreage for a building site and access to Victoria Drive, with the “flagpole” portion of the property to be used as a driveway access. At the time, the developer did not realize that a driveway would be considered a road, as defined in Section 8.2.8, and did not anticipate that the wetland buffer would limit access to the property.

 

The buffer was based on the physical indicators of the property, some of which have changed since the subdivision was created. The wetland area which the buffer is intended to protect is on the far side of a ditch, bounded by a 3-foot tall berm. Drainage on Lot 2 slopes away from the berm, ditch, and wetland, back north toward the center of the property. The wetland buffer does provide a separation between the wetland and any adjacent development; however, there is additional separation provided by the berm and the topography of Lot 2.

 

The current request is to change the conditions of the plat to allow a driveway to cross the wetland buffer to provide access to Lot 2.  The request includes a fee appeal to refund the amended plat fee of $600, given that the subdivision was approved with the wetland buffer in place, while providing access for Lot 2 along the “flagpole” across the wetland buffer.

 

Staff recommends approval of the Newt PLD, Lot 2 Amended Plat Change, of Plat Note/Condition, file #12-S3100, subject to the following conditions:

 

1.    A private driveway access for Lot 2, Newt PLD, shall be allowed to cross the wetland buffer on the plat.

 

2.    Access shall only be for a private residential use.

 

3.    Utilities for Lot 2 shall be placed in an easement on Lot 1, Newt PLD.

 

4.    Best management practices shall be utilized to protect water quality and drainage to the wetland, to reduce erosion and soil loss, and to ensure adequate space between the engineered septic system, wetland, driveway, and utilities.

 

Staff recommends denial of the Newt Fee Appeal, a request to waive the fee associated with this amended plat request. Should the Commissioners wish to approve the request, staff suggests the following condition:

 

1.   The direct costs of application processing, copying, postage, notices, and public hearings shall be paid.  The direct costs are estimated to be $150.00, this would result in a $450.00 application fee waiver.

 

Much discussion ensued between the Board and staff regarding the original plat.

Chair Gaiter opened the hearing to the applicant and Brian Newt addressed the Board. Mr. Newt stated that he was never made aware of the access problem during the original subdivision.

 

Commissioner Donnelly stated that the original plat should not have been approved with an access drive located within a wetland buffer; therefore, he felt that the Board should approve the change and the fee appeal.

 

Chair Gaiter and Commissioner Johnson agreed that a financial hardship was created by the county during approval of the original land division; therefore, the fee should be waived.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Newt PLD, Lot 2, Amended Plat/Change of Plate Note and Fee Appeal, file #12-3100 subject to the conditions listed above.

 

Motion carried 3-0.

 

2.         OLSEN FEE APPEAL, FILE #12-G0236:   This is a request to waive the planning application fees associated with the Olsen Setback Variance, file #12-BOA0890. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

This application is proceeding concurrently with a setback variance request, file #12-BOA0890, to be heard by the Board of Adjustment on April 24, 2012, to allow the owners to build a window well for egress from a basement bedroom in an existing home. The fee for the application is $500.00.

 

The home on the property was permitted and built in 1987 with an unfinished basement. This variance and appeal process began when the owners applied for a building permit to move a door, add a closet, and add a window well to the basement for a bedroom. At that time, staff learned that the basement had been finished without a building permit sometime between 1987 and 2012. 

 

The property is narrow and small with 5-foot side setbacks. The house takes up most of the lot and the walls of the house are at the 5-foot setback distance from the lot line. The current Building Code requires the window well to be 3-feet by 3-feet, leaving 2-feet between the edge of the window well and the property line. With regard to the Building Code, there are no variance or appeal options for the size, shape, location, or necessity of the window well. The setback variance request would allow a 2-foot setback for the window well instead of a 5-foot setback to meet the building code requirements.

 

Staff found that a portion of the fee can cover the direct costs of processing the application; however, any relief of fees given to the applicant is detrimental to the Planning Department because the cost of staff time spent processing the request will need to be absorbed. Therefore, staff recommends denial of the Olsen Fee Appeal, file #12-G0236, a request to waive planning application fees associated with variance request 12-BOA0890.

 

Chair Gaiter opened the hearing to the applicant and Kelly Olsen addressed the Board. Ms. Olsen stated that she purchased the house believing that the basement had been finished under proper permitting. Therefore, she requested a waiver of all fees associated with setback variance appeal.

 

Much discussion ensued between the Board and staff regarding code regulations and the location of the proposed window well.

 

Commissioner Donnelly stated that he felt it would be appropriate for the Board to waive the fee to alleviate the financial burden and allow the applicant to bring the property up to current standards and eliminate any possible safety concerns.

 

Commissioner Johnson stated that he did not feel the financial burden was created by the county, and therefore, alleviation of the financial burden should not be the county’s responsibility.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the Olsen Fee Appeal, file #12-G0236.

 

Motion carried 2-1, Commissioner Donnelly dissenting.

 

3.         RAWHIDE FLATS RIGHT-OF-WAY VACATION:   This is a request to vacate portions of rights of way on Rawhide Flats Road (County Road 15). As a result of the realignment and reconstruction of the Rawhide Flats Road (CR15) by the City of Fort Collins, as required by Larimer County to provide adequate access to Soapstone Prairie Natural Area, it is necessary to vacate the unused portions of deeded public rights of way as well as any prescriptive public rights of way that may exist. Additionally, this vacation is being brought forward at the direction of the Board of County Commissioners.

 

Staff recommends approval of the request to vacate portions of the old alignment of Rawhide Flats Road (CR15) as shown on the attached exhibits. Portions of this recommended vacation include both deeded and prescriptive rights of way. It is the intent of this vacation process to vacate both. A utility easement for Qwest Corporation, doing business as CenturyLink QC, will be retained and designated in the resolution approved by the Board of County Commissioners.

 

Additionally, as allowed by Colorado Revised Statutes, provision 43-2-302(1)(f), staff recommends that a 60-foot wide private access easement be retained as described on Exhibit A-2 for the benefit of the current and future owners of parcel number 90024-00-001 and designated in the Resolution to vacate.

 

Al Scott, Ana Ditus, James Poole, Heath Miller, and Gerald Ditus, addressed the Board in opposition to the requested vacation. All stated the poor condition of the newly aligned road and the increased speed at which vehicles travel down the new road, for their use of the old alignment and requested vacation.

 

After much discussion between the Board, the applicant, and staff, it was determined that the Board did not have sufficient information to make a decision and Mr. Lafferty proposed the hearing continue at a later date.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners table the Rawhide Flats Right-of-Way Vacation for additional information until May 21, 2012, at 6:30 p.m.

 

Motion carried 3-0.

 

TUESDAY, APRIL 24, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Matt Johnson, Engineering Department; Carol Block, Finance Department; Kerri Rollins, Natural Resources Department; Linda Sanders, Public Works Department; George Hass, County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  There was no one present for public comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 16, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of April 16, 2012.

 

Motion carried 3-0.

 

3          REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 30, 2012:   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:

 

04242012A001           AGREEMENT FOR DESIGNATED MEDICAL PROVIDER SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WORKWELL OCCUPATIONAL MEDICINE

 

04242012R001           FINDINGS AND RESOLUTION APPROVING THE SPRING CREEK FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PHYSICAL MAP REVISION (PMR) AND COUNTY FLOODPLAIN OVERLAY ZONE BOUNDARY AMENDMENT

 

04242012R002           FINDINGS AND RESOLUTION APPROVING THE S BAR G CONSERVATION DEVELOPMENT TIME EXTENSION

 

04242012R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF A PORTION OF LOTS 5&6, BLOCK 4, REPLAT OF A PART OF PLEASANT ACRES SUBDIVISION AND ROMERO FEE APPEAL

 

MISCELLANEOUS:   Amendment No. 4, Larimer County Contributory Retirement Plan; Letter Assuming Grant Responsibilities from the American Humane Association; Appointment of Roger Clark to the Red Feather Lakes Planning Advisory Committee, to fill an unexpired term, effective April 24, 2012, and expiring December 31, 2012.           

 

LIQUOR LICENSES:  The following licenses were approved and issued:  The Baldplate Inn – Hotel and Restaurant – Estes Park.

 

Motion carried 3-0.

 

At this time Chair Gaiter announced that he owns land and resides within the Puebla Vista Estates Subdivision; therefore, he recused himself from all discussions and decisions related to the next item to avoid any conflict of interest.

 

5.         APPROVE A LOAN FROM THE SURPLUS AND DEFICIENCY FUND TO THE PUEBLA VISTA ESTATES PUBLIC IMPROVEMENT DISTRICT #48:   Ms. Sanders, Ms. Block, and Mr. Johnson addressed the Board to request approval for a $130,000 loan from the Surplus and Deficiency Fund to the Puebla Vista Estates Public Improvement District #48, with a 2.16% annual interest rate and 5-year repayment plan. The loan, in addition to funds from the PID, would allow the district to perform necessary maintenance work on its roadways.

 

The Board and staff discussed the repayment schedule and origination of the funds within the surplus and deficiency fund.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a resolution to provide a loan, not to exceed $130,000, from the Surplus and Deficiency Fund, to Puebla Vista PID #48.

 

Motion carried 2-0, Chair Gaiter recused.

 

04242012R004           RESOLUTION APPROVING A LOAN FROM THE SURPLUS AND DEFICIENCY FUND TO PUEBLA VISTA ESTATES PUBLIC IMPROVEMENT DISTRICT #48

 

Chair Gaiter rejoined the meeting.

 

6.         ASSISTANT COUNTY MANAGER WORKSESSION:   Mr. Gluckman and Ms. Rollins requested the Board sign a letter in opposition to SCR 12-003, which proposes redirecting Colorado lottery funds from Great Outdoors Colorado (GOCO). These funds typically exceed $35 million annually and are utilized to support local measures for the protection of parks, open space, working farms/ranches, and trails. Ms. Rollins noted that any reduction in GOCO funds would be detrimental to the parks and open spaces within Larimer County.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve and authorize the chair to sign a letter to all delegates in opposition to SCR12-003.

 

Motion carried 3-0.

 

7.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the last week.

 

8.         LEGAL MATTERS:  Mr. Gluckman noted that the executive session regarding enterprise zones in the Town of Wellington had been postponed.

 

Mr. Haas joined the meeting via telephone and requested the Board go into executive session regarding the Courthouse Sales Tax, resolution R97-137G.

 

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 a specific legal question, pursuant to C.R.S. 24-6-402(4)(b).

 

Motion carried 3-0.

 

The Board emerged from executive session, and the following action was taken:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners end the Courthouse Sales Tax, in effect since 1997, Larimer County Commissioner Resolution R97-137G, effective June 30, 2012, 6-months earlier than planned due to the County’s ability to repay all bond obligations and complete all relevant projects.

 

Motion carried 3-0.

 

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

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 1:30 p.m. for an abatement hearing. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Jody Masters and Patty Ring, Assessors Office; and Melissa Lohry, Deputy Clerk.

 

1.         PETITION FOR ABATEMENT, DAVID & ANNITA ALVAREZ, PARCEL NUMBER 19220-00-051:   Ms. Masters explained the process used, including comparable properties and sales timeframes, to arrive at the Assessor’s reconciled value of $94,500 for 2011. She also explained that due to the small number of sales in the subject area over the last decade, the subject property had not been reassessed since 2001.

 

Mr. Alvarez addressed the Board and much discussion ensued regarding the valuation of vacant residential land. Mr. Alvarez stated that because of the road which transverses the property and the mountainous nature of the area, the property is not well suited for building upon.

 

Ms. Masters stated that all of the lots in the subject subdivision have been surveyed and contain buildable areas.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners uphold the Assessor’s valuation of $94,500, for parcel 19220-00-051, for the 2011 tax year.

 

Motion carried 3-0.

 

2.         PETITION FOR ABATEMENT, CANWOOD STORAGE LLC, PARCEL NUMBER 96011-42-001:   Ms. Ring addressed the Board and explained that the applicant, Canwood Storage LLC, requested the Board deny their application allowing them to petition the State Board of Assessment Appeals.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners uphold the Assessor’s valuation of $5,108,900, for parcel 96011-42-001, for the 2010 tax year.

 

Motion carried 3-0.

 

3.         PETITION FOR ABATEMENT, RUSH FAMILY LLC, PARCEL NUMBER 97024-13-001:   Ms. Ring addressed the Board and explained that the applicant, Rush Family LLC, requested the Board deny their application allowing them to petition the State Board of Assessment Appeals.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners uphold the Assessor’s valuation of $899,100, for parcel 98011-42-001, for the 2010 tax year.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 2:00 p.m.

 

THURSDAY, APRIL 26, 2012

 

LIQUOR LICENSE HEARING FOR TROUT TAVERN

 

The Board of County Commissioners met at 2:00 p.m. with Linda Connors, Assistant County Attorney. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were:  Denise Ruybal, Clerk and Recorder’s Office; and Melissa Lohry, Deputy Clerk.

 

Ms. Lohry put Robert Allman, applicant, under oath and Ms. Connors explained that the Board was to consider a tavern liquor license application for Trout Tavern, located at 1078 Ramona Drive, Red Feather Lakes, Colorado. She reviewed the contents of the application, and presented Exhibits A-1 and A-2, photos depicting the posting of the premises, and Exhibit B, the petition demonstrating the needs and desires of the surrounding neighborhood. Mr. Allman stated that due to the seasonal nature of the area, many of the occupants were not available to sign the petition.

 

Ms. Connors questioned Mr. Allman about the additional signatures attached to the petition and he explained that some residents of the community, who reside outside of the half-mile radius required for petition, wanted to sign in support of the operation; therefore, he attached the additional signatures to the original petition.

 

Ms. Connor asked Mr. Allman a number of questions regarding the petitions, photos, and whether or not he was familiar with the liquor laws of Colorado. Mr. Allman stated that he would like to attend the TIPS training offered by the Sheriff’s Department.

 

Chair Pro-Tem Johnson noted that eight members of the community were present in support of the application and opened the hearing to public comment. Caryn Hughes, Lucille Schmidt, Stephanie Stevens, and Gene Tabb, spoke in support of the application.

 

Chair Donnelly stated that he was in favor of the application and thanked the members of the community who were present and made with desires known.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the application and grant a tavern liquor license for Trout Tavern, located at 1078 Ramona Drive, Red Feather Lakes, Colorado, subject to the results of a background check conducted by the Colorado Department of Investigation and proof of public notice to be provided by the Coloradoan newspaper.

 

Motion carried 2-0.

 

There being no further business, the Board adjourned at 3:00 p.m.

 

 

 

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

 


 

 

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