Dream Lake iced over - RMNP



Monday, May 2, 2016/3:00 P.M./Hearing Room






C.   PUBLIC HEARING CONSENT ITEMS:    *Will not be discussed unless requested by

                                                                                      Commissioners or members of the audience.




Staff Contacts:  Michael Whitley, Planning, Clint Jones Engineering, Doug Ryan, Health

Request:  Minor Special Review to allow an outdoor seating area and outdoor food service associated with a restaurant in the B – Business zoning district.

Location:  3310 N. Highway 287, LaPorte; located northwest of the intersection of County Road 54G and Overland Trail

Applicant:  Randy Gillen - 2540 West Vine Dr., Fort Collins, CO 80521

Owner:  Dan Kerig - 4320 N. County Road 13, Fort Collins, CO 80524


Development Services Team Recommendation:  The Development Services Team recommends approval of the Kerig Minor Special Review, File # 16-Z2005 subject to the following conditions:


1.   The Site shall be developed consistent with the approved plan and with the information contained in the Kerig Minor Special Review, File #16-Z2005 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 Kerig Minor Special Review.

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  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 Minor Special Review 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 Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3.   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 Minor Special Review approval.

4.   The owner is responsible for obtaining all required building permits for the new commercial building.  All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use. 

5.   This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.


D.        ADJOURN

Background Image: Dream Lake frozen over in Rocky Mountain National Park by Bryce Bradford. All rights reserved.