AGENDA

LARIMER COUNTY BOARD OF COMMISSIONERS

Monday, Novmeber 23, 2009/3:00 P.M./Hearing Room

 

A.        CALL TO ORDER

 

B.        PLEDGE OF ALLEGIANCE

 

C.        PUBLIC COMMENT ON THE COUNTY LAND USE CODE

 

D.        PUBLIC COMMENT ON THE LARIMER COUNTY BUDGET

 

E.         ITEM TO BE WITHDRAWN:

 

            1.         GURTLER LIEN ASSESSMENT

 

                        Staff Contact:  Candace Phippen, Code Compliance

 

F.         CONSENT ITEMS:                        *Will not be discussed unless requested by Commissioners or members of the audience.

 

*2.       GREEN MINOR SPECIAL REVIEW, FILE #09-Z1759

 

            Detailed Information

 

Staff Contacts:  Michel Whitley, Planning, Jeff Goodell, Engineering, Doug Ryan, Health

Request:  Approval of a Minor Special Review for a Home Occupation occupying 1,200 square feet in a detached accessory building and generating up to ten vehicle trips per day

Location:  Section 18, Township 5 North, Range 69 West; 6515 W. County Road 20, Loveland; located north of County Road 20 approximately 700 feet west of County Road 23H

Applicant/Owner:  Garland & Kathy Green, 6515 W. County Road 20, Loveland, CO  80537

 

Development Services Team Recommendation:  The Development Services Team recommends approval of the Green Minor Special Review, File #09-Z1759, subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Green Minor Special Review (File #09-Z1759), 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 Green 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 otherwise fails to use the property consistent with the approved Minor Special Review, 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 Special Review approval.

 

4.   The owner is responsible for obtaining all required building permits for the detached garage.  All applicable fees, including permit 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.

 

            *3.       ALVEY/HAHN AMENDED EXEMPTION TRACT 1 AMENDED PLAT, FILE #09-S2913

 

                        Detailed Information

 

Staff Contacts:  Toby Stauffer, Planning, Eric Tracy, Engineering, Doug Ryan, Health

Request:  Amend the Plat of the Alvey/Hahn Exemption plat, Tracts 1 to vacate an existing 30’ access easement and add a new 30’ access easement.

Location:  Southeast quarter of Section 4, Township 5, Range 72; 3323 Hillcrest Lane, Off County Road 61, Corsier Mountain Drive and Hillcrest Lane.

Applicant:  Van Horn Engineering, Celine LeBeau, 1043 Fish Creek Road, Estes Park, CO 80517

Owner:  Jeanette Seagraves

 

Development Services Team Recommendation:  The Development Services Team recommends approval of the Alvey/Hahn Amended Exemption Tract 1 Amended Plat, File # 09-S2913, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by May 23, 2010 or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.   Prior to the recordation of the Final Plat the applicant shall amend the easement to be 40’ wide instead of 30’.

 

4.   Prior to the recordation of the Final Plat the applicant shall apply for a Private Road Construction Permit from the Engineering Department.

 

5.   Upon approval of this plat the owners will need to obtain approval from the County to have two dwellings on the property and the owner shall obtain the necessary building permits for the second dwelling or for the changes made to the garage.

 

*4.       AUDREYS ACRES MINOR RESIDENTIAL DEVELOPMENT LOT 2 AMENDED PLAT-KRETCHMER BOUNDARY LINE ADJUSTMENT, FILE #09-S2916

 

            Detailed Information

 

Staff Contacts:  Toby Stauffer, Planning, Traci Shambo, Engineering, Doug Ryan, Health

Request:  Amend the plat of Audrey’s Acres MRD Lot 2 and a metes and bounds property to adjust the lot lines.

Location:  Southwest Section 32, Township 8 North, Range 69; 3603 Bingham Hill Road, ¼ mile west of Overland Trail, off Bingham Hill Rd. and Bingham Lane.

Applicant/Owner:  Marcia Kretchmer, 2003Bingham Lane, Fort Collins, CO 80521

 

Development Services Team Recommendation:  The Development Services Team recommends approval of the Amended Plat of Lot 2 Audrey’s Acres MRD, and the Kretchmer Boundary Line Adjustment, File # 09-S2916, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by May 23, 2010 or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

3.   The applicant shall add the “BOUNDARY LINE ADJUSTMENT AGREEMENT” language and signatures to the final plat prior to recordation. The agreement language is attached to this report.

 

4.   The plat shows a 10’ utility easement on Lot 2, from the Audrey’s Acres MRD. This easement should be extended to the new property line or removed from the final plat.

 

5.   The reconfiguration of the lot lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

G.        ADJOURN