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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 21, 2014

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Karin Madson, and Michael Whitely, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Candice Phippen, and Chad Gray, Code Compliance Department; Wesley Reichardt, Town of Estes Park Code Compliance Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance. Mr. Lafferty then requested that item 5 be moved to the consent agenda, and that an additional condition be added to item 2 (this has now been added to the staff report outlined below). 

 

Chair Donnelly noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

2.         BUCKHORN MEADOWS CD RESIDUAL LOT A AMENDED PLAT – FILE #14-S3236:  This is a request for approval of an amended plat for Residual Lot A, Buckhorn Meadows CD, to remove the condition allowing “Support Buildings Only” in order to allow construction of a single-family dwelling on a residual lot and to allow an easement vacation.  An appeal from the Larimer County Land Use Code was approved by the Board of County Commissioners on April 14, 2014, File No. 14-G0261.

 

The following Larimer County agencies have the following comments:

 

·  Comments received from the Engineering Department indicate that there are no concerns with the exception of ensuring drainage patterns will not be affected, noting that Transportation Capital Expansion Fees will be collected, and ensuring that all utility providers have been notified.  All of these items have either been addressed, or will be addressed at the time of building permit.

·  No addressing changes are required for this amended plat.

 

The proposed amended plat for Residual Lot A of the Buckhorn Meadows Conservation Development to change the condition allowing “Support Buildings Only” in order to build a single-family dwelling meets the criteria for an amended plat.  Due to the fact that an Appeal from the Land Use Code was approved by the Board of County Commissioners to allow a dwelling on the residual lot, staff will support the proposed amended plat.

 

The Development Services Team recommends Approval of the amended plat for Residual Lot A, Buckhorn Meadows CD, to remove the condition allowing “Support Buildings Only” in order to allow construction of a single-family dwelling on a residual lot, File # 14-3236, subject to the following condition :

 

1.   All conditions of approval shall be met and the final resolution recorded by January 21, 2015, or this approval shall be null and void.

 

2.     The Development Agreement for Buckhorn Meadows shall be amended to reflect the allowance of one single family dwelling on Residual lot A.

  

3.         TAMLIN MLD 2ND LOT 1/KANE EXEMPTION AP, FILE #14-S3228:  This is a request for approval of an amended plat of Lot 1 of the 2nd Amended Tamlin Minor Land Division and Tract A of the Kane Exemption to change the boundary between the two lots so that they will coincide with the legal description for the Modesitt Rezoning (file #13-Z1921)

 

The property owners of Lot 1 Tamlin MLD 2nd and Tract A Kane Exemption wish to reconfigure their lots so that the property boundaries reflect the legal description for the recently approved Modesitt Rezoning (file #13-Z1921).  The existing rafting business will remain on one lot and the existing residence will remain on the other lot.

 

Other review agency comments:

 

·   Brian Helminiak, Larimer County Engineering Land Surveyor, provided comments with regard to the plat submitted.  Corrections are required.

·   Clint Jones, Larimer County Engineering provided comments with regard to access, notification of utility providers and floodplain regulations.  No concerns were noted with respect to this proposal

·   Doug Ryan, Health Department, indicated no concerns with this amended plat application.

·   The Superintendent for the Little Cache LaPoudre Ditch provided comments with regard the existing ditch and adjacent tail water/supply ditch.  The ditch company will need to have continues access to the ditch via the easements shown on the plat.

·   No other concerns were noted from utility providers.

·   Comments from the Assessor’s office indicate that the plat will need to be amended to reflect the ownership of the trust. 

 

Staff notes no major concerns or comments with regard to this application.  The plat should be revised to reflect that it includes Tract A of the Kane Exemption (rather than just the metes and bounds description).

 

The Development Services Team recommends Approval of the Lot 1 Tamlin MLD 2nd and Tract A Kane Exemption Amended Plat, File #14-S3228, subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.  All conditions of approval shall be met and the final plat recorded by January 21, 2015, or this approval shall be null and void.

 

3.   Prior to the recordation of the final plat the applicant shall make the technical corrections required by Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

4.   The plat should be revised to reflect that it includes Tract A of the Kane Exemption.

 

5.   The signature block shall be revised to reflect the ownership of the Brad/ Lindsey Modesitt Trust and the signature blocks shall be signed as trustees.

 

 

5.         WRIGHT APPEAL, FILE #14-PSP0062:   This is a request for approval of an appeal to allow detached Accessory Living Area (ALA) to be 540 sq. ft. rather than the 297.6 sq. ft. allowed by the Land Use Code.  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.  The proposed accessory living area will be located within an existing garage/private yoga studio. The Public Site Plan review portion of this application was processed administratively and approved by the Community Development Director on June 17, 2014.   This application is for the size appeal only.  The main residence on the property is 744 sq. ft.

 

The Development Services Team finds that the proposed appeal, allowing additional square footage to an Accessory Living Area will:

o  Not subvert the purpose of the standard or requirement.

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

o  Not result in increased costs to the general public.

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

 

The Development Services Team recommends Approval of the Wright Appeal File #14-PSP0062.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as outlined and amended above.

 

Motion carried 2-0.

 

Mr. Lafferty then explained that the Estes Park Code Amendments needed to be tabled until July 28, 2014.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners table the Estes Park Code Amendments pertaining to micro-breweries, wineries, and distilleries, to July 28, 2014, at 3 p.m.

 

Motion carried 2-0.

 

1.         WRIGHT/OLYMPUS LODEGE ZONING VIOLATION PUBLIC MEETING, FILE #2013-0022:   This is an alleged violation of Section 5.2.D.10 of the Estes Valley Development Code (EVDC) by virtue of:

 

1.   The accessory use of a Recreational Vehicle (RV);

2.   No zoning approval for the operation of a RV park.

Note: §5.2.e.3 RV’s shall have no fixed connections to utilities, nor shall they be used for a dwelling, business or commercial purposes for any accessory use in any zoning district.

 

On June 23, 2014 the Wright Zoning Violation # 2013-022 was heard by the Board of County Commissioners. The case was continued to provide more information to the Commissioners on the history of RV’s use on the property and the continuation of a nonconforming use in the A zoning district.

 

Major issues and concerns:

 

1.   Use of recreational vehicles as an accessory use for long term residence and use as a dwelling.

2.   The illegal operation of a recreational vehicle park within the A zoning district.

3.   Can the use of RV’s on the subject property be grandfathered as a nonconforming use?

 

Staff findings:

 

1.   The Mizer Minor Residential Development (MRD) took place in 1992, where one lot was subdivided to create three new lots (See Mizer MRD).

A.   The Mizer MRD does not mention the use of RV’s on the property.

2.   The 1996 Zoning Map indicates the property to be Zoned A Accommodations (See attached zoning Map).

3.   The 1993 Comprehensive Zoning Resolution for Larimer County does not allow the use of RV’s in the A Zoning District (See exhibit 3).  

4.   Chapter 6 of the EVDC allows for the grandfathering of nonconforming uses providing the uses were legally existing as of February 1, 2000.

A.   If a nonconforming use is abandoned or discontinued for a period of twelve (12) months the further use of the property shall be for a conforming use and nonconforming status shall terminate (§6.5 EVDC). 

5.   Prior to the year 2000, Larimer county never permitted the use of RV’s on the property and the 1993 comprehensive zoning resolution in affect at the time does not list RV Parks in the A zoning district as a permitted use.

6.   The Town of Estes Park never permitted the use of RV’s on the property.

7.   An Aerial timeline from 1999 to 2013 does not accurately show the continued use of RV’s on the property over the time period (please see attached timeline). 

8.   Larimer County Assessor’s office does not mention the RV’s on property cards and historically never valued the property for RV’s.

9.   In 1994, Upper Thompson Sanitation permitted a new sewer line for two summer rental trailers (see permit 0831). 

10.   Upper Thompson Sanitation bills the property as a flat rate. Not an accurate measurement to determine if the RV’s have been in use on the property for the last fourteen (14) years.

11.   The use of RV’s on the subject property do not meet the requirements for the continuation of a nonconforming use.

A.   The use of RV’s were not legally existing prior to the EVDC in February of 2000.

B.   The continued use of the RV’s over the fourteen (14) years cannot be proven through available aerial imagery or data.

 

Staff recommends that a set a deadline for the property to be brought into compliance. 

 

Mr. Reichardt updated the Board on his findings as outlined above.  Chair Donnelly noted that public comment has already been heard on this item, and under discussion the Board agreed that re-locating folks could take time and effort, so they were inclined to give a fair amount of time for the issue to be resolved. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners find that a violation exists, and set a deadline of nine months for the property owner to bring the property into compliance either through Special Review, or by removal of all RV’s from the property. 

 

Motion carried 2-0.

4.         ALBRECHT APPEAL, FILE# 14-G0268:  This is an appeal request to allow an exemption from the Larimer County Land Use Code, Section 5.2, requiring a Planned Land Division for the existing lot, split by deed from a lot to the south in 1974 after the approval of the Griess Exemption, File No. S-99-74EX.

 

The subject property, 866 E. 57th Street, is a single-family residential lot located northeast of Loveland, and is located in the Loveland Growth Management Area.  The lot was originally combined with the property directly to the south and was platted as Parcel 1 of the Griess Exemption, approved in August of 1974.  A deed dated September 1974, at book and page 1616, 884, split the exemption lot into two lots.  This lot split occurred after Senate Bill 35, which occurred on May 5, 1972 and required approval by the local governing body to create lots less than 35 acres.  Due to this, this lot is not legal, and needs approval from the Board of County Commissioners.  The Larimer County Land Use Code, in Section 5.2, requires a Land Division process to split a lot less than 35 acres.   The applicant is proposing an Appeal from this requirement to be exempt from the Land Division process.

 

Both properties that were created in 1974 contain a single-family dwelling permitted by Larimer County.  The home on 866 E. 57th Street was built in 1973, and the home on the property directly south, 5535 E. Thomas Court, is a manufactured home that was approved to be placed on the property in 1988.

 

The general intent and purpose of the Larimer County Land Use Code is to “ preserve, protect and improve the health, safety and general welfare of Larimer County residents and to implement the Larimer County Master Plan adopted Nov. 19, 1997, and any future amendments.”  The Larimer County Master Plan calls for Growth Management principals that protect natural resources within the County, and to encourage density within the urban and Growth Management Areas.  Because this property is located in the Loveland Growth Management Area, and meets the minimum lot size of 0.5 acres in the FA Farming district, Staff finds that this request is consistent with the intent and purpose of the Code.

 

The following Larimer County agencies have the following comments:

 

·  The Engineering Department is recommending that the access points on 57th Street be removed if this appeal is granted.  “Per Section 9.2.4 of the Larimer County Urban Area Street Standards (LCUASS), private access onto an arterial roadway shall only be allowed when no other alternatives exist.” The Engineering Department is also recommending that the existing or any additional right-of-way for 57th Street must be delineated on the plat.

·  The Health Department has stated that the applicant will need to properly demonstrate that the use and any future uses will be served by the proper utilities for water and sewer.

 

The Development Services Team finds that the proposed appeal would not subvert the intent of the Land Use Code as long as the applicant pursues a Minor Land Division through the Planning Department to create a plat of record, and to show that the lot is served by the proper utilities and access.  Although this lot is not considered to be legal, the current owner has been led to believe that this lot is legal based on the fact that both lots have received approval to build.  The lots have existed for 40 years and have not caused any compatibility issues within the neighborhood.

 

The Development Services Team recommends Approval of the Albrecht Appeal to allow an exemption from the Larimer County Land Use Code, Section 5.2, requiring a Planned Land Division for the existing lot, split by deed from a lot to the south in 1974 after the approval of the Griess Exemption, File No. 14-G0268.

 

·  The applicant must pursue a Minor Land Division through the Community Development Department within 1 year of this approval, or this Appeal will be null and void.

 

Mr. Lafferty presented the background, as outlined above.

 

Jack Albrecht, property owner, explained that he has done everything he has ever been asked to do, in terms of applying for permits, and cooperating with planning staff.  He simply wants this issue that he “inherited” fixed once and for all, and does not wish to spend any more money accomplishing it.

 

Chair Donnelly opened up the hearing for public comment and neighbor Gerald Donovan stated that he too wishes to have the legal lot designation for his property and also does not wish to spend any more money on this effort.  There was no further public comment.

 

Much discussion ensued regarding the history of the property, the fees involved, and how best to clear up the illegal lot designation. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Albrecht Appeal, File No. 14-G0268, grant exemption for division of  both lots on parcel 1, and designate them as legally divided lots. 

 

Motion carried 2-0.

 

6.         LAKESIDE KOA VIOLATION:    The property owners are in alleged violation of Section 4.1.5 O-Open zoning district of the Larimer County Land Use Code by expanding the Lakeside KOA campground without approval from Larimer County through an amended Special Review application. The property is in violation of Section 4.2.2 of the Land Use Code for constructing buildings in the Floodplain Overlay Zone District. The property owners are in violation of the 2012 International Residential Code for constructing resort cabins and decks/covered porches on to park model RVs without building permits.  Also, the property owners are violation of the 2012 International Building Code for constructing two commercial buildings for an arcade and recreation office without building permits.

 

This property is located just north of the Poudre River on the east side of North Taft Hill Road.

 

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

 

On August 14, 2013, Code Compliance received a complaint about a structure being built over the dump station. Building and Code Compliance Coordinator Chad Gray went out the following day and verified a pergola was being constructed which would require a building permit since this property is open to the public. Research was initiated to see if any other structures were built without permits. It was discovered that eight or nine little cabins were constructed on the tent sites; park model RVs were brought on to the premier RV sites and decks constructed on to them; the park model RV on the NW corner had a deck and covered porch built on to it; two buildings used for a recreation office and an arcade were constructed; all done without building permits. Also, three small fish ponds were filled in for a miniature golf course. On December 17, 2013, Michael Whitley with the Planning Department and Clint Jones with the Engineering Department met with the property owner, Mr. Sisco, to go over the amended Special Review application. Mr. Sisco indicated he would move forward with the application. To this date, no application or further contact has been made with the property owners.   (See copy of the event log for this file attached.)

 

Without building permits for all the buildings constructed to check for compliance with the adopted building codes, the public is at an increased risk to their safety. 

 

Staff findings: 

 

1.   The property is zoned O-Open.

 

2.   An amended Special Review application needs to be approved for the expansion of this campground.

 

3.   Building permits are required for the cabins, arcade, recreation office, pergola, covered porches, and decks that are over 30 inches high and/or over 200 square feet.

 

4.   A Floodplain Development Permit is required for any work done within the floodplain.

 

 

Staff recommendations that the Board 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 presented the history of the alleged violation, as described above.

 

Property owners Brian Kippschull, and Craig Sisco addressed the Board, noting that they did not feel they were in violation since cabins under 144 square feet in size are not required to be permitted; and decks under 200 square feet also do not need a permit.  They agreed that the will remove the covered area to meet regulations.  They did not expand the campground, they only changed the nature of the campgrounds, and they had questions regarding being in the flood fringe, versus the flood plain.

 

Chair Donnelly opened the hearing up for public comment.  Nobody addressed the Board for public comment. 

 

Much discussion ensued regarding when a permit is necessary based upon size.  Mr. Gray stated that the cabins are required to be permitted, as any structure that people sleep in is required to be permitted.  Mr. Tracy explained the steps necessary to gain approval for the campgrounds in a flood fringe.  Ultimately the Board agreed that the property owners should have been more responsive; however, they were inclined to allow temporary safety inspections to be sufficient until all permits can be issued.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners find that a violation exist, and set a deadline of 60 days to apply for the amended Special Review and authorize legal action if the application is not submitted by the deadline.  The cabins, recreation office, and arcade can’t be occupied until temporary safety inspections have been conducted by the county.

 

Motion carried 2-0.

 

The hearing adjourned at 4:40 p.m.

 

 

TUESDAY, JULY 22, 2014

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Linda Hoffmann.   Chair Donnelly presided and Commissioners Johnson and Gaiter were present. Also present were: Donna Hart, Bob Keister, and Lorenda Volker, Commissioners’ Office; Carol Block, Lorrie Lopez, and Tracy Hines, Finance Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly asked for public comment, and Mel Hilgenberg addressed the Board.

 

Chair Donnelly then opened the hearing with the Pledge of Allegiance.

 

1.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 14, 2014:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of July 14, 2014.

 

Motion carried 3-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 28, 2104:  Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the following documents, as listed on the consent agenda for July 22, 2104: 

 

07222014A001           INTERGOVERNMENTAL AGREEMENT BETWEEN LARIMER COUNTY AND THE MINICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT, ACTING BY AND THROUGH THE WINDY GAP FIRMING PROJECT WATER ACTIVITY ENTERPRISE FOR WILDFIRE RISK REDUCTION ACTIVITIES

 

07222014A002           SUBGRANT AGREEMENT BETWEEN NORTHERN COLORADO WATER CONSERVANCY DISTRICT AND LARIMER COUNTY

 

07222014A003           FIRST RENEWAL OF AGREEMENT FOR URINE COLLECTION SERVICES 8TH JUDICIAL DISTRICT PROBATION FY 15

 

07222014R001           FINDINGS AND RESOLUTION APPROVING THE BUCKHORN MEADOWS CD

 

07222014R002           FINDINGS AND RESOLUTION APPROVING THE OPPENHEIMER APPEAL

 

07222014R003           RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS ON SALE OF LOTS 1-3 IN THE HAUNG PLANNED LAND DIVISION

 

07222014R004           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE (Housekeeping items)

 

07222014R005           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE (Regarding detached accessory buildings)

 

MISCELLANEOUS:   Department of Human Services Payments for May 2014.

 

LIQUOR LICENSES:  The following license was approved and issued:  North Shore RV & Store – 3.2% Beer Retail – Loveland. 

 

 

 

 

Motion carried 3-0.

 

4.         RECOGNITION FOR EXCELLECE IN FINANCIAL REPORTING:   Ms. Block noted that the Finance Division has again received the Certificate of Achievement for Excellence in Financial Reporting; she further stated that Larimer County has maintained this certificate for 30 consecutive years.  The Board congratulated Ms. Block and all her staff on this accomplishment. 

 

5.         REVIEW OF AUDITORS RESULTS AND ACCEPTANCE OF 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR):    Alan Holmberg with the auditing firm Anderson & Whitney, reviewed the CAFR audit with the Board and answered their questions regarding the same.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the 2013 Comprehensive Annual Financial Report.

 

Motion carried 3-0.

 

6.         AUTHORIZE ADDITIONAL EXPENDITURES FOR 2013 FLOOD RECOVERY COSTS PENDING REIMBURSEMENTS:    Ms. Hoffmann explained that reimbursement for flood costs are slow in coming; therefore, she proposed that the county utilize a $3 million cash advance from the State, in conjunction with the Tabor reserves, which will be replenished by the end of 2015.  Much discussion ensued, and the Board ultimately agreed to support the request.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the expenditure of the $3 million cash advance and the County’s Tabor reserve funds to satisfy cash flow needs for ongoing flood recovery efforts.  The cash advance will be returned to the State in accordance with the stipulations of the State’s program and sound accounting practices.  The Tabor reserves will be replenished by reimbursements by the end of calendar year 2015.

 

Motion carried 3-0.

 

7.         WORKSESSION:  Ms. Hoffmann updated the Board on the status of the Strategic Plan committee efforts, and on the watershed symposium she recently attended.

 

8.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities at events during the past week.  Commissioner Gaiter also proposed reappointing current board members to the Larimer County Foundation Board. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners reappoint all current board members to the Larimer County Foundation Board.

 

Motion carried 3-0.

 

9.         LEGAL MATTERS:   Ms. Haag requested that the Board go into executive session for negotiations with the Larimer County Humane Society.   Commissioner Johnson expressed his opinion that this item could be discussion in open session.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators as outlined in 24-6-402-(4)(e)

 

Motion carried 3-0.

 

The Board came out of executive session and Ms. Haag explained that they discussed the ballot proposal with the Humane Society, and specifically how and if the county would be reimbursed for the soft costs associated with constructing the new building.  The Board decided it would be best to recover those costs as an administrative fee coming out of the sales tax. 

 

The meeting adjourned at 11:30 a.m.

 

 

 

 _______________________________

TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.