> Meetings & Minutes > 1997 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 13, 1997

LAND-USE PLANNING MEETING

(#133, #134 & #135)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided and Commissioner Disney was present. Also present were: Al Kadera, Subdivision Administrator; John Pedas, Zoning Code Enforcement Officer; Rex Burns, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. GLACIER VIEW MEADOWS 6TH FILING, LOT 34, AMENDED PLAT

(#96-SA0986): 15-09-72 IN GLACIER VIEW MEADOWS; 5 ACRES;

E-ESTATE ZONING

This is a request to combine an existing metes and bounds parcel to an adjacent lot. Staff findings include: 1) Glacier View Meadows 6th Filing was approved in 1976; 2) This request is intended to add some area to Lot 34 and move the utility easement to the new lot line. All utilities serving this area reviewed the Amended Plat and did not object; 3) The County Health and Engineering Departments reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lot 34, Glacier View Meadows 6th Filing, including the vacation and rededication of the utility easement.

2. FOOTHILLS ESTATES PLANNED UNIT DEVELOPMENT RELEASE OF

COLLATERAL (#93-MS0259): E 1/2 25-04-70 AND NW 1/4 30-04-69 ON

THE WEST SIDE OF COUNTY ROAD 23E, AT THE SOUTHWEST

CORNER OF THE INTERSECTION OF COUNTY ROAD 23E AND

COUNTY ROAD 6

This is a request for release of collateral for Phase I, II and III of Foothills Estates PUD and release from the Subdivision Improvements Agreement. The staff recommendation is for approval of the request to release the collateral for Foothills Estates PUD, with the condition that warranty collateral be provided and a final approval letter is received from Public Works and approval of the release from the Subdivision Improvements Agreement.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Glacier View Meadows 6th Filing, Lot 34 Amended Plat (#96-SA0986) and the Foothills Estates Planned Unit Development Release of Collateral (#93-MS0259).

Motion carried 2 - 0.

3. CARRIAGE HILLS 4TH FILING LOTS 17-18, BLOCK 11, AMENDED

PLAT (#96-SA0979): 01-04-73 - CARRIAGE HILLS SUBDIVISION 4TH

FILING, SOUTH OF ESTES PARK; .95 ACRES; E-ESTATE ZONING

This is a request to reconfigure two existing lots and utility easements to correct an existing building encroachment. Mr. Kadera submitted two additional letters in opposition to this proposal received after the staff report was completed, provided the background for the request, and reviewed the major issues and concerns; he noted that when the house was built in 1972, the building permit process was not as site specific as it is today and so it is not known if the intent was to have one house on two lots or if the location of the house was a mistake. Staff findings include: 1) Carriage Hills Fourth Filing was approved in 1966; 2) In 1972, a building permit was issued for a house on Lot 18 but the house encroaches on the lot line between Lots 17 and 18; this Amended Plat is intended to cure the encroachment by moving the lot line; 3) In July of 1996, the Board of County Commissioners approved a similar request but the approval was conditioned on the approval of a lot size variance. The Board of Adjustment denied the variance; 4) This request does not require a variance because the lot sizes are not changing; the resulting lots are the same sizes as the original lots; 5) The resulting vacant lot will have a building site similar to many other building sites on lots in Carriage Hills. There is ample lot width on the resulting lot to accommodate a single family dwelling within the required setbacks; 6) This request includes the vacation of the existing utility easement along the original lot line and the dedication of a new easement along the lot line common to Lots 17 and 18. All the utilities serving this area reviewed the proposed Amended Plat and stated no objections; 7) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 17 and 18, Block 11, of the Amended Plat of Carriage Hills Fourth Filing, with the condition that the note on the Final Plat pertaining to covenants and restrictions be changed to refer specifically to Carriage Hills.

Lucia Liley, attorney representing the applicants Steven and Maria Griswold, addressed the Board and submitted a packet of information for the Board to refer to during her presentation; she noted that when the Griswolds purchased these two parcels of property, they received two separate deeds, paid two separate purchase prices, and since then have received two separate tax notices. Ms. Liley stated that this lot line adjustment needs to be approved in order for the two separate lots to be technical and legal as was intended and approved on the original plat. Ms. Liley reviewed the history of the property to provide evidence of the intent and treatment of these two lots and she reiterated that the request today is to amend two lots lines on the plat and correct an error, no variance of any kind is proposed or needed and there is no evidence that there was any intent to combine the lots and the request is strictly to amend the lot lines. With regard to the question if this request meets the County requirements for an Amended Plat, Ms. Liley responded in the affirmative; she noted that the document the County gives applicants, states AA subdivision plat may be amended to realign lot lines provided no additional lots are created@ and that is clearly the case here. In conclusion, Ms. Liley stated that the applicants can meet all the setback and County requirements, does not require a variance, they have a buildable lot, the size will be compatible with, if not greater, than the average sizes of surrounding lots, and they are not adding any additional density than that which was approved in the original subdivision. Questions from the Board followed.

The following property owners addressed the Board with their concerns: Lorraine Sharp, Charles Schone, Al Persons, and Eric Sharp. Ms. Sharp submitted a letter stating that the original owner, Martha Steinbach, purchased the adjoining lot because her home was partially built on it and she was protecting herself so that no one could ever build another house on that property. The neighbors stated that if this is allowed, many homeowners are going to suffer greatly in devaluation of their homes and it will set a precedent for others to do the same. Mr. Schone stated that the Carriage Hills Homeowners Association Board is against this change; he asked if an easement will have to be given to get across Lot 17 to Lot 18. Mr. Kadera responded that the existing driveway does cross Lot 17 and so an access easement is shown on the Amended Plat. Mr. Persons suggested that the Griswolds consider a conservation easement which will eliminate their taxes, give them a fair price for the property, and protect the spacious area for themselves. Mr. Sharp stated that even a one-story home being built on this lot will destroy the view of Twin Owls from Lot 16.

Ms. Liley stated that it appears that the concern with the request is a misunderstanding about the facts of the request and what is trying to be achieved; she discussed the precedent concern and stated it would be different if they were requesting to split one legal lot into two and she noted that they are not requesting a variance. Ms. Liley reiterated that they are not creating an additional lot, they are just correcting a past mistake, keeping the lot size the same, meeting all the setbacks, and there will not be any incompatibility or impact on the neighbors at all. Mr. Griswold stated he appreciates the concerns of the neighbors and he shares their same concerns regarding open space, controlled development, and neighborhood values, and he assured the neighbors and homeowners association that it is not their intent to aggressively develop Lot 17, and it will be developed sometime in the future in a sensitive way according to the values of the neighborhood.

Ms. Liley stated that when this property was under contract, there was a contingency that the purchasers were required to get this lot line adjustment corrected because this encroachment was a mistake.

At this time the public comment portion of the hearing was closed and opened for Commissioner= comments: Commissioner Disney stated that he has mixed feelings about this but he does not think the County created the problem and he does think a precedent will be set if this is allowed. Chair Clarke stated that the problem has existed for a long time and, in his opinion, the County is responsible because a building permit was approved; he thinks the problem needs to be corrected and both lots will still be larger than most of the lots in Block 11. Commissioner Disney suggested that the homeowners association buy the other vacant lots in Carriage Hills to keep the density down and retain the existing open space.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and the conditional staff recommendation and approve the Carriage Hills 4th Filing, Lots 17-18, Block 11 Amended Plat (#96-SA0979).

Motion carried 2 - 0.

4. WRIGHT RIDING ARENA ZONING VIOLATION (#96-ZV0925):

30-04-69 - 6120 WEST COUNTY ROAD 4, IN BERTHOUD

This alleged violation is for expanding the operation of a roping arena in the FA-1 Farming Zone without Special Review approval. Mr. Pedas submitted pictures of the neighborhood and the property in question, provided the background information relating to the violation, and reviewed the major issues and concerns; he noted that in 1977, the County Commissioners allowed certain horse/person activities on this property as long as they were reasonable and did not create a nuisance in the neighborhood. However, Mr. Pedas stated that in the Fall of 1996 it became apparent that horse/animal activities on the property were causing complaints as the result of dust, noise, odors, etc. The staff findings are: 1) The subject property is zoned FA-1 Farming; 2) A zoning amendment adopted February 16, 1988 required Special Review approval for riding academies/horse boarding in the FA-1 Farming Zone; 3) The horse activities on the property prior to February 16, 1988 would have established a non-conforming use; 4) Horse activities on the property were minimal between October 1989 and July 1993; 5) Recent horse activities on the property, including the livestock confinement area, have caused a great deal of discomfort for property owners in the area. The staff recommendation is to find that a violation exists, require compliance (regress to levels of activity in 1988), work out a plan of activity acceptable to the offended party(ies), or as a last resort, authorize legal action.

Bill Wyatt, attorney representing Marlene and William Wright, stated that he appeared before the Commissioners 19 years ago representing Robert and Florence Covey because of a complaint and, at that time, the Board of County Commissioners allowed certain activities on the property under certain conditions; he noted that the activities going on then, and all during the intervening time, were more than they are now. Mr. Wyatt submitted a packet of information containing all correspondence and statements in support of the Wrights= use of the property for equestrian purposes from 1977 to the present.

William Wright, property owner, described the heavy use occurring on the property for equestrian purposes in 1977 and stated that they kept the cattle on the front of the property because they were fixing fences in the back. Mr. Wright stated that their intent from the beginning was to be a good neighbor and they are upgrading their property as they want their place to be a show place; he stated that every claim made by Ms. Casey has been greatly exaggerated. Questions from the Board followed. Dave Shumpert stated that they only have roping in the arena two evenings a week until 9:30 p.m., and he noted that from the letters that have been submitted from other neighbors, it is obvious that the use has not escalated from when the Covey=s owned the property; he stated that the cattle are fed regularly, and they have tried to go out of their way to be good neighbors. Doreen Wright noted that this is a training facility and she has been around the property since she was 8 and she remembers an arena full of people. Betty Casey, the neighbor who made the complaint, submitted two additional letters from neighbors citing complaints and she stated that she has no objection to people riding in the arena; she noted she moved there 12 years ago and there have never been cattle kept on this property. Her main concern is that late last summer the cattle were brought in and placed in the front of the property and after about 3 weeks the smell was unbearable and the flies were terrible; she continued that when it was warm, there were people there roping 5 nights a week. Ms. Casey stated that she had an appraisal of her property and with the cattle and the odor, her property is valued at $20,000 less than normal and it would take much longer to sell. Noel Russell, adjacent neighbor, described what has gone on for many years on this property and it is the flies that bother him so much.

In summary, Mr. Wyatt stated that the property has been used continually since 1972 for various forms of equestrian activities and obviously during that time there have been cattle on and off the property; he noted that there are letters from neighbors stating that they have not experienced any problem with flies. Mr. Wyatt stated that his clients will continue to work on the issues (dust, flies, lights, etc.) as they definitely want to be good neighbors and will do what they can to minimize the affects.

At this time the public comment portion of the hearing was closed and opened for Commissioner= comments: Commissioner Disney suggested that rather than find that a violation exists, he asked if the Wrights would be willing to work out a plan acceptable to the neighbors to resolve their differences; Chair Clarke agreed that they need to work on the problems regarding the confinement of cattle, flies, and the hours of operation and lighting in the arena. Discussion followed and Mr. Wright requested an opportunity to speak again.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners re-open the hearing to provide an opportunity for Mr. Wright to address the Board.

Motion carried 2 - 0.

Mr. Wright assured the Board that they will do anything they can to continue their use and get along with their neighbors; however, he noted that he has not felt comfortable discussing these matters with his neighbors because on two separate occasions Mr. Russell threatened his life. Mr. Russell countered that he only threatened to shoot Mr. Wright when Mr. Wright threatened to shoot his dogs for getting into his yard; he noted that his dogs are his family.

M O T I O N

Commissioner Disney moved that at this time the Board of County Commissioners do not find a violation exists in the matter of the Wright Riding Arena; however, they reserve the right to make that decision at a later date and encourage staff to work with the neighbors to come up with a plan for the operation of this facility which can meet the needs of the property owner and the neighbors.

Motion carried 2 - 0.

5. MILLER OUTDOOR STORAGE LOT ZONING VIOLATION (#96-ZV0928):

20-07-69 AT THE SOUTHWEST CORNER OF THE INTERSECTION OF

WEST PROSPECT AND SOUTH OVERLAND TRAIL

This alleged violation is for operating an outdoor storage lot for cars, trucks, recreational vehicles, boats, etc., in the FA-1 Farming Zoning District. Mr. Pedas submitted photos of the site, provided the background information relating to this violation, and reviewed the major issues and concerns; he noted that even though the property is surrounded by the City of Fort Collins, this particular property was never annexed into the City and, therefore, the County has jurisdiction over the zoning and use of the property. Staff findings include: 1) The subject property is zoned FA-1 Farming; 2) The FA-1 Farming Zone does not permit commercial outside storage; 3) The outdoor storage of vehicles on the subject property is highly visible from Overland Trail; 4) Any future development of the site will more than likely take place in the City of Fort Collins; 5) Continued use of the property, inconsistent with the zoning, may affect property values in the area. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

Rex Miller, property owner, stated that when he received the letter from Mr. Pedas regarding the violation, he contacted the City of Fort Collins about the possibility of annexing the property and coming under the proper zoning; however, they won=t accept petitions for annexation until the new Land-Use Plan they are working on now is adopted, which won=t be until after March 1997. Mr. Miller acknowledged that he is in violation and he requested time in order to resolve the problem with the City so they won=t have to evict all the individuals that have their vehicles parked there now. Questions from the Board and discussion followed.

Bob Davidson, the person filing the complaint, stated he has been driving by this site for 3-4 months and it is a parking lot with a lot of used vehicles and a total eyesore - it looks like a salvage yard. Mr. Davidson stated that his big complaint is that Mr. Miller is well aware of the zoning codes and he is in blatant violation and this use of this property should cease and desist immediately; he is also concerned about setting a precedent if this is allowed to continue. Mr. Davidson also addressed the access in and out of the property which creates a dangerous situation and he noted that there are 40-50 vehicles stored there now and a potential for up to 150.

Mr. Miller responded that there is space for 116 vehicles; he stated that the reason they didn=t pursue annexation of this property earlier is because of the current IGA with the County and they have been waiting for the City to revisit the IGA or revisit the entire issue of zoning. Mr. Miller admitted that he was wrong in his assumption that he had a pre-existing non-conforming use of the property; he noted that in addition to the purchase price of the property, they have spent an additional $30,000 improving it and it will take at least three years to break even. Mr. Miller agreed that the area should be screened and bermed and they would be willing to do that; they just need time.

At this time the public comment portion of the hearing was closed and opened for Commissioner=s comments: Chair Clarke stated that he is concerned that the Fort Collins moratorium is depriving Mr. Miller from a reasonable use of his property; however, there is no question, based on County zoning, that a zoning violation exists. Therefore, he insists that Mr. Miller do something at the earliest possible moment after the moratorium in the City of Fort Collins is over to petition to have this property annexed. Since Mr. Davidson is concerned about the number of vehicles stored on this property, Mr. Pedas suggested that the Board condition the time extension for compliance by insisting that no more vehicles can be brought to the property and, once the existing vehicles are removed from the property, they are not allowed back until a plan is approved. Commissioner Disney asked about the access concern. At this time Mr. Miller requested an opportunity to respond to this concern.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners re-open the hearing to provide an opportunity for Mr. Miller to address the Board.

Motion carried 2 - 0.

Mr. Miller discussed the access concern; he noted that when you drive straight onto this property from Prospect, or pull off Overland Trail, you make a left turn to the south and there is an area 70 to 80 ft. on their property to allow people to maneuver their vehicles and get off the main street.

M O T I O N

Commissioner Disney moved, in the matter of the Miller Outdoor Storage Lot Violation, that the Board of County Commissioners find that a violation exists, direct staff to visit the property tomorrow and count the number of vehicles on the property, and not allow that number to be exceeded and, as vehicles are removed from the property, they are not to be replaced until such a time that this matter is resolved, and that Mr. Miller show evidence to Mr. Pedas that at the earliest possible opportunity he applied to the City of Fort Collins for annexation of this property.

Motion carried 2 - 0.

The meeting adjourned at 6:30 p.m.

TUESDAY, JANUARY 14, 1997

REORGANIZATION OF THE BOARD

(#135 @ 300)

The Board of County Commissioners met at 2:00 p.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioners Disney and Olson were present. Also present were: Neil Gluckman, Assistant County Manager; and Donna Hart, Commissioner=s Office Staff Services Manager. Recording Clerk, S. Graves.

BOARD REORGANIZATION:

1. APPOINTMENT OF CHAIR PRO-TEM:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint Cheryl Olson as Chair Pro-Tem for the Board of County Commissioners for 1997 and authorize her to buy and sell real estate in the absence of the Chair upon approval by the Board.

Motion carried 3 - 0.

2. APPOINTMENT OF CHAIR:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners appoint Jim Disney as Chair of the Board of County Commissioners for 1997 and authorize him to buy and sell real estate upon approval by the Board.

Motion carried 3 - 0.

At this time, Chair Disney moved into the Chair position and presided over the remainder of the meeting.

3. APPROVAL OF BOARD ASSIGNMENTS FOR 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the Policy on the Board of County Commissioners= Division of Responsibilities for 1997.

Motion carried 3 - 0.

P97-01 POLICY OUTLINING THE BOARD OF COUNTY COMMISSIONERS

DIVISION OF RESPONSIBILITIES

4. RESOLUTION DESIGNATING PUBLIC PLACE OF POSTING NOTICES OF MEETINGS:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt a resolution designating the door to the northernmost entrance to the County Courthouse as the public place for posting the notice of Commissioners= meetings.

Motion carried 3 - 0.

R97-05g RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH

NOTICE IS POSTED OF MEETINGS OF THE BOARD OF COUNTY

COMMISSIONERS

BUSINESS ITEMS:

1. APPROVAL OF SCHEDULE FOR WEEK OF JANUARY 21, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the Week of January 21, 1997, as submitted and revised.

Motion carried 3 - 0.

2. ADJUSTMENTS TO APPOINTED SALARIES: Mr. Lancaster noted that there are two situations in which the immediate subordinates of appointed officials are being paid more than their appointed supervisors; therefore, the Board is requested to approve salary adjustments for those two positions.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners set the salary of the Environmental Health Director, Jerry Blehm, at $58,705 and the salary of the Chief Building Official, Brice Miller, at $50,839; these adjustments are necessary to maintain internal equity within the respective departments.

Motion carried 3 - 0.

3. REQUEST FOR HIRING OF COMMUNITY INFORMATION MANAGER: Mr. Lancaster informed the Board that interviews were held last week for a Community Information Manager and the consensus was that Deni LaRue should be selected; based on Ms. LaRue=s past experience, education, and abilities, it is recommended that she be hired at Step AJ@, Grade 152, as specified in the County pay plan, and approval from the Board is requested.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve hiring Deni LaRue as Community Information Manager at Step AJ@, Grade 152, and not at Step AE@, as required by Larimer County Personnel Policy.

Motion carried 3 - 0.

4. APPOINTMENT RECOMMENDATIONS FOR CACHE LA POUDRE RIVER COMMISSION: Mr. Lancaster submitted a list of names which the Agricultural Task Force recommended for the Board to select an additional County representative for the Cache La Poudre River Corridor Commission. Of the six names recommended, each Commissioner only knew two of the persons listed and it was not known if these persons have indicated a desire to serve on this Commission; therefore, Senior Planner Mr. Helmick will contact each person and report back to the Board before a selection is made.

5. REVIEW OF DRAFT AGENDA FOR BOARD RETREAT ON JANUARY 16, 1997: Mr. Lancaster submitted a draft agenda listing the topics for discussion for the Board Retreat on January 16, 1997 and asked for Board approval of same; Commissioner Clarke stated he would like to discuss the possibility of the County having a tobacco ordinance similar to the City of Fort Collins and also discuss possible legislation to make transferable development rights work.

6. APPROVAL OF R.O.W. AGREEMENT - TIMNATH FARMS:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve an Agreement concerning road improvements on County Roads 5 and 38 between Larimer County and Timnath Farms, Inc., as requested by Mr. White.

Motion carried 3 - 0.

A97-01 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROADS 5 AND 38 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND TIMNATH FARMS, INC.

7. INTERVIEWS FOR RLUB: With regard to the interviews of applicants to serve on the Rural Land Use Board, Commissioner Clarke stated that there are three questions to be answered: When, How Long, and do all three Commissioners wish to attend? After discussion, the Board stated that they want to conduct the interviews as soon as possible, the interviews will last 15 minutes, and all Commissioners will attend the interviews.

8. LEGISLATIVE REPORT FROM MR. GLUCKMAN: Mr. Gluckman reported that he received several ARed Alerts@ from Colorado Counties, Inc. (CCI); he noted that one concerns establishing a base compensation amount for elected county officials and an annual cost-of-living adjustment thereafter. Mr. Gluckman stated that CCI is asking if the Commissioners are in favor of the proposed legislation and he needs to let our local Senators know by Thursday of this week. After much discussion, the Board directed Mr. Gluckman to inform CCI that they concur with the proposed legislation.

Mr. Gluckman informed the Board that Senator Norton is re-introducing the amended version of Senate Bill 96-69 and CCI has sent a questionnaire for the Board to complete about the Bill; he asked if the Commissioners wish to answer the questions individually or collectively report the Board=s answer to CCI. Chair Disney suggested that County Attorney George Hass be asked for his opinion about SB 69; Mr. Gluckman will obtain a copy of SB 69 for Mr. Hass to review and then be available to answer the Board=s questions and discuss the Bill next Wednesday, January 22, 1997.

The meeting adjourned at 3:00 p.m.


______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

________________________________________

Sherry E. Graves, Deputy County Clerk