MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Gaiter and Donnelly were present. Also present were: Michael Whitley, and Savanah Benedick, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.
Chair Johnson opened the hearing with the Pledge of Allegiance, and then 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. BIELE APPEAL, FILE #13-PSP0042: This application is a request for an appeal to the requirements of Section 4.3.10.H.2.c of the Larimer County Land Use Code for a Detached Accessory Living Area to exceed 800 square feet or 40% of the square footage in the single family dwelling, whichever is less. The applicant’s home is 2,740 square feet and the proposed detached accessory living area would be 1,248 square feet (45.5% of the home).
The property is 4.61 acres located at 627 Stagecoach Trail, Lyons, and is zoned O - Open. The proposed detached accessory living area is within the building that was constructed as the primary home on the property in 1974. In 2003, a new home was constructed on the property and the previous home was converted to an accessory building. The applicants are now seeking approval to convert the 1,248 square foot main level of the building to a Detached Accessory Living Area to accommodate guests. The building is one story. The basement would continue to be used for storage and other personal uses. There is no new construction proposed with this request.
The Accessory Living Area would be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residence. The accessory living area cannot be rented or leased separately from the single-family dwelling. Water is provided by an on-site well and sewer is provided by an on-lot septic system.
The applicant has also submitted an application for Public Site Plan. A Detached Accessory Living Area can be approved administratively through the Public Site Plan process by the Planning Director, conditioned upon approval of the subject size appeal. Without approval of the proposed appeal, the Detached Accessory Living Area could not exceed 800 square foot.
Planning Staff support the requested appeal to the size limit of a Detached Accessory Living Area as described in this report. Planning Staff has no issues or concerns with this request as long as the property owner obtains appropriate permits from the Building Department and pays all applicable fees.
Neighbors and review agencies were notified of this request and no objections were received from neighbors. One letter of support was received. Review agencies had no major concerns or issues.
The Development Services Team finds that the proposed appeal to allow the Detached Accessory Living Area to exceed the size limit of 800 square feet or 40% of the square footage in the single family dwelling, whichever is less, will:
A. Not subvert the purpose of the standard or requirement.
B. Not be detrimental to the public health, safety or property values in the neighborhood.
C. Be the minimum action necessary.
D. Not result in increased costs to the general public.
E. Be consistent with the intent and purpose of the Code.
The Development Services Team recommends approval of the Biele Appeal, File #13-PSP0042, subject to the following conditions:
1. This approval shall automatically expire in two years if a building permit or permits have not been issued for changes to the structure and occupancy of the building.
2. The Site shall be developed consistent with the approved plan and with the information contained in the Biele Public Site Plan and Appeal, File #13-PSP0042, 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 Biele Public Site Plan and Appeal.
3. In the event the applicant fails to comply with any conditions of approvals, or fails to use the property consistent with the approved Public Site Plan, the applicant agrees that in addition to all other remedies available to the County, the County many withhold building permits, issue a written notice to applicant to appear and show cause why the Public Site Plan approval should not be revoked, and/or bring a court action for enforcement of the terms of the Public Site Plan. All remedies are cumulative and the County’s election to use one shall not preclude use of another. In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Public Site Plan approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees. County may conduct periodic inspections to the property and reviews of the status of the Public Site Plan as appropriate to monitor and enforce the terms of the Public Site Plan approval.
4. 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 Public Site Plan approval.
5. The owner is responsible for obtaining all required building and/or septic permits for the Accessory Living Area. All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.
6. The habitable space of the accessory living area shall be limited to 1,248 square feet.
7. The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.
8. The accessory living area must not be rented or leased separately from the single-family dwelling.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve consent agenda, as outlined above.
Motion carried 3-0.
2. WEISENFELD PUBLIC SITE PLAN REVIEW, FILE #13-PSP0043: This is a request to allow an accessory rural occupation to operate fly fishing instruction at the subject property. The request is presented to the Board of County Commissioners based on unresolved neighbor comments and concerns.
This Public Site Plan application is for an accessory rural occupation to operate indoor and outdoor fly fishing instruction on the subject property. The proposed use will include a maximum of 8 students and 2 instructors on the site at a given time. The applicant is proposing to utilize an existing 450 square-foot pavilion on site for the indoor instruction, and a 5,000 square-foot manicured lawn just west of the pavilion and north of the Big Thompson River for the outdoor instruction. The applicant’s description also states that angling and wading techniques will be demonstrated and practiced in the river just south and west of the pavilion, as long as the owner of the subject property has the right to utilize the river.
Typically, accessory rural occupations are allowed by right in a residential neighborhood except when certain criteria are exceeded. In this case, the criteria that are proposed to be exceeded and shift the review to public site plan review include:
1. The size of the property (less than 5 acres but at least 2 acres);
2. The size of the outdoor use (more than 2,500 square-feet but no more than 5,000 square feet), and
3. The number of trips per day (more than 10 trips, but no more than 20 trips per day).
Neighbors and review agencies were notified of this request and eight written objections were received from nearby neighbors. Seven nearby property owners are concerned about the compatibility of the proposed use with the character of the neighborhood. Three neighbors are opposed due to potential traffic and parking issues. Two neighbors have issues with potential noise that may be generated from the use. Four neighbors are concerned that the participants of the fly fishing instruction will disrespect the river and the natural environment. Two neighbors would like to know how often these classes will be held. One neighbor has stated that he believes the owner of the subject property does not actually own any portions of the Big Thompson River. The applicant has begun the process to survey the property and identify the precise location of property lines.
Review agencies also commented on the project and had few concerns:
1. The Engineering Department has little concern with the request other than the fact that the property is located in the floodway. Due to the fact that the structure proposed to be used is existing, Engineering Staff does not have concerns with the proposal as long as no physical changes are proposed to the site.
2. The Code Compliance Department stated that there are several structures on the property that may not have received building permits. The Assessor’s records indicates that a 450 square foot outbuilding was built in 1975. It appears that the structure proposed to be utilized for the accessory rural occupation was built legally.
3. The Department of Health and Environment had initial questions regarding the septic system and whether additional facilities would be required for the proposed use. Doug Ryan spoke with the applicant and found that the proposed number of people will not overtax the septic system.
4. The Loveland Fire Rescue Authority stated that a written emergency plan shall be prepared by the applicant to ensure an effective plan in the event of emergency. A final inspection will need to be scheduled with the LFRA upon approval of the use.
5. The Colorado Division of Water Resources stated that as long as the use utilizes the city water service available to the site, they have no issue with the proposal.
6. The Building Department had initial concerns with the use of the structure, but those concerns were discussed and resolved.
Of the above comments expressed by neighbors, the concerns expressed that relate to the standards include compatibility, traffic and noise. The following sections outline these three issues:
The Larimer County Land Use Code permits accessory rural occupations as long as the standards outlined in the Review Criteria section of this report have been met. As long as the applicant follows the proposed description in a way that does not contradict the standards, the use is considered to be compatible with the neighborhood.
The Land Use Code allows a maximum of 20 trips per day for an accessory rural occupation going through Public Site Plan approval. The applicant is proposing a maximum of 10 attendees per class, therefore the maximum vehicle trips per day for the proposed use appears to have been met. Nearby neighbors have the right to issue a complaint if the applicant exceeds the maximum traffic requirements.
Larimer County has a noise ordinance that prohibits noise exceeding a certain decibel level. The Development Services Team has made the preliminary conclusion that the proposed use will not exceed the maximum noise level imposed by Larimer County, as the source of the noise is proposed to be a maximum of 10 voices. If the Board concludes that more information is required regarding noise, the Development Services Team will investigate the anticipated noise levels that this use will generate.
Based on the factors listed above, the Development Services Team finds that:
1. The public site plan complies with all applicable requirements of the Land Use Code and any applicable supplementary regulations; and
2. The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood; and
3. The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property.
The Development Services Team recommends Approval of the Weisenfeld Public Site Plan Review, File # 13-PSP0043 subject to the following conditions:
1. This approval shall automatically expire in two years if the use has not commenced and/or a building permit and/or development construction permit are not issued.
2. The use must be operated consistent with the conditions outlined in the approved site plan and description contained in the Weisenfeld Public Site Plan Review, File #13-PSO0043.
3. In the event that the applicant fails to comply with any conditions of approvals, or fails to use the property consistent with the approved Public Site Plan, the applicant agrees that in addition to all other remedies available to the County, the County may issue a written notice to the applicant to appear and show cause why the Public Site Plan approval should not be revoked, and/or bring a court action for enforcement of the terms of the Public Site Plan. The County may conduct periodic inspections to the property and reviews of the status of the Public Site Plan as appropriate to monitor and enforce the terms of the Public Site Plan approval.
4. The single-family character of the property must be maintained. Neighboring property owners have the right to issue complaint to the Larimer County Code Enforcement Department if it appears that the single-family character of the property is not maintained.
Ms. Benedick explained the request as outlined above, noting that the Planning Department supports the application; however, there are some concerns from the surrounding neighborhood.
Mr. Weisenfeld, property owner, addressed the Board noting that his daughter and son-in-law live on the property and that he primarily wants to offer the fly fishing instruction for his colleagues and as “thank you’s” for referrals and for his practice. Mr. Weisenfeld further stated that if he was unable alleviate the neighbors concerns, then he would be willing to withdraw the application.
Chair Johnson opened up the hearing for public comment and the following individuals addressed the Board in opposition to the application: April Berquist, Daniel Lukensow, Kathy Voth, Claudia Siger, Arlan Massey, George Lafever, John Berquist (on behalf of Jack Berquist), Ken Richards, William Schreiber, and Peter Williams. All voiced concerns regarding increased noise, traffic, trespassing, and the quality of the environment and peaceful neighborhood will be compromised. Mr. Massey also submitted a petition that was signed by 37 surrounding neighbors opposing this application.
Mr. Weisenfeld’s son-in-law, Nathan Hunt, spoke in favor of the application noting he supports “minimal” events as described by Mr. Weisenfeld above.
Chair Johnson closed public comment.
Under the applicant’s rebuttal, Mr. Weisenfeld thanked the neighbors for their comments and feedback and again stated that he wants to maintain good relations with the neighborhood.
Discussion ensued and ultimately the Board gave Mr. Weisenfeld three options: 1) Proceed and allow the Board to vote today; 2) Withdraw the application; or 3) Table the application until a future date.
Mr. Weisenfeld requested that the hearing be tabled in order to give him time to work with the surrounding neighbors and hopefully come to a resolution that is satisfactory to all.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners table this item until September 9, 2013, at 3:00 p.m.
Motion carried 3-0.
The meeting adjourned at 4:30 p.m.
TUESDAY, APRIL 2, 2013
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Neil Gluckman, Donna Hart and Deni LaRue, Commissioners' Office; Mark Peterson, and Martina Wilkinson, Engineering Department; Cliff Riedel, District Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Johnson opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: Eric Sutherland commented on Tax Increment Financing, and asked the Board not be naive in thinking that they can negotiate improvements with the City of Fort Collins to fix the Urban Renewal Authority process in Larimer County. He again stressed his opinion of there being no accountability with the money spent on Urban Renewal Authorities in the City of Fort Collins.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 1, 2013:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of April 1, 2013.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 15, 2013 : 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 as published below:
PETITIONS FOR ABATEMENTS: As recommended by the Assessor, the following Petitions for Abatement were approved: Campana Adventures, LLC (3 parcels, 2011 and 2012); Bucking Horse, LLC (3 parcels and various lots in Sidehill Second, 2011 and 2012). As recommended by the Assessor, the following Petitions for Abatement were denied: Brian and Jaci Clark; Dennis DeMaio; Christian Krokis (3 parcels); Sharm Shunick; Westcott Enterprises.
04092013A001 ADDENDUM #2 FOR NON-PAVED ROAD MAINTENANCE SERVICES FOR VARIOUS GENERAL/PUBLIC IMPROVEMENT DISTRICTS – ESTES PARK, COLORADO AREA AGREEMENT RFP #11-01, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BLADEWORKS, INC.
MISCELLANEOUS: Department of Human Services Payments for February 2013; Larimer County Horseshoe View Estates North Public Improvement District No. 53 Advisory Board Bylaws; Stipulation as Tax Year 2012 Value – Glenn D. Malipiede; Appointment of Eric Leftwich to the Workforce Investment Board beginning April 9, 2013, and expiring June 30, 2015.
LIQUOR LICENSES: The following licenses were approved and/or issued: Project Self-Sufficiency – Special Event 6% - Fort Collins; Westlake Liquor – Retail Liquor Store – Red Feather Lakes; Branding Iron Liquor – Change of Location Permit – LaPorte.
Motion carried 3-0.
5. STIPULATION AGREEMENT FOR CITY LIMITS LIQUOR AND TRANSFER OF OWNERSHIP: Ms. Connors explained that the current owner of City Limits Liquor has presented a stipulation agreement to transfer ownership of his liquor store, instead of proceeding to a show-cause hearing to address the allegations forwarded by the Sheriff’s Department. Some discussion ensued.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the Stipulation Agreement submitted by Kirk Glover owner of Bering LLC, dba City Limits Liquor.
Motion carried 3-0.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the liquor license to be assumed by James White, new owner of Bering LLC, contingent upon the results of his background check.
Motion carried 3-0.
6. COUNTY MANAGER WORKSESSION: Ms. Hoffman reviewed the steps that will be taken to fill the Clerk and Recorder vacancy once Scott Doyle retires. She then updated the Board of more of the High Park fire recovery efforts.
7. COMMISSIONER ACTIVITY REPORT: The Board detailed their attendance at events during the past week.
8 . LEGAL MATTERS: There were no legal matters to discuss at this time.
The meeting adjourned at 10:20 a.m.
STEVE JOHSNON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk