> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 09/28/15  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 28, 2015

 

 

LAND USE HEARING

 

The Board of County Commissioners convened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Cint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Samantha Benedick, Robert Gilbert, Rob Helmick, and Rebecca Smith Planning Department; Craig Dorn and Melissa DeYoung, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and noted the following three items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or a member of the audience: 

 

1.         CRYSTAL LAKES ELEVENTH FILING LOTS 67 & 68 LOT CONSOLIDATION/EASEMENT VACATION, FILE #15-S3333:  This request is to combine two adjacent lots, lots 67 and 68, Crystal Lakes 11th Filing, into one lot and vacate an existing 10-foot utility easement along the common lot line. The current access via Mingo Court will be maintained. Both lots have the same owners and there is currently only one existing single-family residence, located on lot 67. 

 

The proposed Crystal Lakes 11th Filing, lots 67 and 68 Lot Consolidation and Easement Vacation will not adversely affect any neighboring properties or any county agency. The proposed consolidation will not result in any additional lots and no other services will be affected. Therefore, staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Crystal Lakes 11th Filing, lots 67 and 68 Lot Consolidation and Easement Vacation, file #15-S3333, subject to the following conditions subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by March 28, 2016, or this approval shall be null and void.

 

2.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

3.    The reconfiguration of the lots lines shall be finalized at such time when the Findings and Resolution of the County Commissioners is recorded.

 

2.         GROUSE HOLLOW LOT 6 AMENDED PLAT/KUNCE BOUNDARY LINE ADJUSTMENT PLAT, FILE #15-S3332:   This is a request for approval of an amended plat of Lot 6 in the Grouse Hollow Park Amended Subdivision (see file #09-S2896) and a Boundary Line Adjustment of two metes and bounds parcels, in order to clean up lot lines following the 2013 Big Thompson Flood. The current proposal is to shift the common lot line between the lots to follow the current centerline of the Big Thompson River and also to combine the two metes and bounds parcels into one parcel.

 

There is a single family home on the 3.49-acre Kunce metes and bounds parcel. 

 

Staff has found that the proposed amended plat and boundary line adjustment will adjust the boundary lines and will not adversely affect any surrounding properties. Therefore, staff has found that the request meets the requirements for the Larimer County Land Use Code.

 

Staff recommends approval of the Grouse Hollow Lot 6 Amended Plat and Kunce Boundary Line Adjustment 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.   All conditions of approval shall be met and the final plat recorded by March 28, 2016, 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 Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

3.   Prior to the recordation of the final plat the applicant shall add a note to the plat stating that the resultant lot will be subject to the same restrictions, covenants, and regulations as set forth in the plat of record for the Grouse Hollow Park Lot 6, file #09-S2896.

 

3.         PHEASANT PATCH MINOR RESIDENTIAL DEVELOPMENT LOT 1 & 2 AMENDED PLAT, FILE #15-S3334:   This is a proposal is for an amended plat to reconfigure two lots in the Pheasant Patch MRD. The proposal alters the configuration of the two lots which will result in one 19.88-acre lot and one 10.01-acre lot. This request also includes the vacation of the utility easement on the common lot line and rededicates the easement on the new lot line. Both lots contain improvements   

 

The proposed amended plat was submitted in response to the property owner’s desires to reshape lots. No comments have been received which would indicate issues or problems with the request. Staff’s analysis indicates that the request is consistent with the approval criteria and regulations of the Larimer County Land Use Code.

 

Staff recommends approval of the Pheasant Patch MRD Lots 1 and 2 Amended Plat, file #15-S3334, 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.   All conditions of approval shall be met and the final plat recorded by March 28, 2016, 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 the Larimer County Engineering Department.

 

3.   Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda as published above.

 

Motion carried 3-0.

 

4.         FIREHOUSE SELF STORAGE APPEALS, FILE #15-G0291:   The applicants are the owners of Firehouse Self Storage in Loveland. They are in the process of submitting an application to convert a portion of the previously approved open storage of recreational vehicles, and other vehicles, to enclosed storage using site built wooden storage buildings. In preliminary discussions with the applicant, two issues arose which had the potential to influence the site design and building. The applicant’s first concern is the Land Use Code requirement to pave all access and parking lots connected to a paved roadway and in a Growth Management Area. And, the applicant’s second concern is a perimeter landscaping requirement that will cause the siting of buildings to change to address adjoin land use and screening. 

 

Specifically, the applicant has requested to be relived from the requirement for paving of the area where these units will be placed, including drive aisles. The landscaping appeal does not propose to not install landscaping but rather, is proposed as three options, which include providing an escrow for future installation or two proposals to locate the landscaping in other locations. 

 

Staff finds, with respect to these requests:

·  Approval of the paving appeal as proposed would subvert the purpose of the Land Use Code; if landscaping can meet the requirement through an offsite easement then it would be consistent with the purpose of the code.

·  The paving appeal would have potential implications to public health and safety and the landscape appeal unless the alternative is pursued would have an impact on adjoin property values.

·  It does not appear the appeals would result in an increased cost to the public.

·  The proposed appeals are not consistent with the intent and purpose of the Land Use Code. 

·  The Development Services Team has suggested alternatives, which meet the intent of the Code and serve to address some of the concerns of the applicant.

 

Staff recommends approval of the Fire House Self Storage Appeal, file #15-G0291, subject to the following conditions:

 

1.   All drive aisles are required to be paved, leaving the areas under the storage units not be paved. 

 

2.   The applicant shall acquire the easement for landscaping adjacent to the property, as described in their project proposal.  Installation and the design of landscaping shall be reviewed as a part of the Site Plan Review. 

 

Chair Gaiter opened the hearing to the applicant and R. Don Burton addressed the Board to request approval of an appeal to waive the requirements of Land Use Code sections 8.6.3.C.1 and 8.5.6 regarding paving and screening.

 

Chair Gaiter opened the hearing to public comment; however, there was no one present to speak on behalf of this item.

 

Much discussion ensued among the Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appeal to section 8.5.6 of the Larimer County Land Use Code, regarding landscape screening.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appeal to section 8.6.C.1 of the Larimer County Land Use Code, regarding parking area surfacing requirements subject to the following condition:

 

1.   All drive aisles are required to be surfaced with recycled asphalt leaving the areas under the storage units unpaved, as units are built.

 

ALTERNATE MOTION

 

Commissioner Donnelly alternately moved that the Board of County Commissioners approve the appeal to section 8.6.C.1 of the Larimer County Land Use Code, regarding parking area surfacing requirements, without condition.

 

Alternate Motion withdrawn by Commissioner Donnelly.

 

Original Motion carried 3-0.

 

There being no further items, the Board recessed at 4:10 p.m.

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were:  Rob Helmick, Planning Department; Tracy Shambo, Engineering Department;  Doug Ryan, Health and Environment Department; Jeannine Haag, County Attorney’s Office;                                and Craig Dorn, and Denise Ruybal, Deputy Clerks.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance and noted that the Colorado Aronia Project Special Review was being tabled. Mr. Lafferty noted that the applicant had received additional information and asked that this item be rescheduled to October 19, 2015, at 6:30 p.m.

 

M O T I O N

 

Commissioner Donnelly moved that the Colorado Aronia Project Special Review be tabled and rescheduled for October 19, 2015, at 6:30 p.m.

 

Motion carried 3-0.

 

1.    HILGENBERG/SASS SPECIAL REVIEW:  This is a request for review of a shooting range for single action sport shooting. Mr. Helmick reviewed that the applicant proposes a not-for-profit shooting range on their property, located north of Owl Canyon Road. As proposed, the use would operate as a structured Cowboy Action Shoot under the rules of the Single Action Shooting Society (SASS). Typically, on Saturdays from 8:30 a.m. to 2:30 p.m., roughly 23-50 individuals would arrive at the site to socialize and shoot.  The proposal is for up to 25-events per year, weather permitting. An email was submitted by the applicant reducing the number of events to only 12-shoots per year, one per month, for SASS shooters, and four concealed gun classes annually. This is proposed as a group facility and as such there are no “employees.” All events and facilities are maintained by the participants.

 

Originally the range was on a narrow section of land adjacent to the BNSF Rail Road right-of-way (ROW). This is a part of a 90-acre parcel west of I-25 that is bounded on the west by the rail road ROW. An excavated area with up to 25-foot bluff behind the shooting areas is adjacent on the east side of the ROW. The proposal is for eight different “ranges” at the site adjacent to each other. After the sketch plan and a neighborhood meeting, the applicant revised the location of the proposed range, to respond to the concerns of the two closest neighbors. The new location is approximately 350-yards south of the original proposal and is oriented to have the shooting direction to the southeast, remaining within the lower excavated areas adjacent to the ROW.  This doubles the distance between the proposed shooting locations and the two closest residences. A noise study was also commissioned by the applicant. The applicant indicates that there may be “occasional use” for concealed carry classes not to exceed six participants. 

 

There are two residences within 750-feet of the site on parcels to the west. Large lot rural and agricultural parcels in excess of 35-acres characterize the neighborhood. The 90-acre parcel owned by the applicant is also an existing non-conforming junk yard recognized by the County.  The site has seen extensive clean up over the last several years.

 

The application appears to be a fairly low-key operation, which expects 20-50 “patrons” on a 25 events per year basis. However, as a shooting range, the issue of compatibility is the most significant standard. And, although standard may be met, perceptions and neighbor concerns make it a difficult issue.  

 

Mr. Helmick noted that there have not been significant agency responses to the request. Due to the size of the area notified, staff has received requests from a number of neighbors to be notified of future applications. While not numerically large, there has been significant public interest in the application, which required a neighborhood meeting. The results of the meeting were concerns from adjacent neighbors and a commitment from the applicant to address their issues.  Part of that discussion and input resulted in a revised location and orientation of the use as well as the noise study. 

 

Staff has found the following, as they relate to the review criteria as stated in the code:

·  The proposed use can be found to be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood, as far as the applicant has shown that the proposed use can meet the technical standard of the Noise Ordinance.  Testimony from neighbors may provide an alternative perspective as it related to the issue of noise disturbance

·  The proposed use is consistent with the County Master Plan on a site, which is located outside of a GMA district.  A rural recreational use in an area of large lot development provides for use opportunities for the owner

·  The applicant has demonstrated that this project can and will comply with all applicable requirements of this code

·  The proposed use will not result in a substantial adverse impact on property in the vicinity of the subject property, as noted above a different perspective on this finding may result after the testimony of neighbors

·  The recommendations of referral agencies have been considered.

Staff recommends approval of the Hilgenberg/SASS Special Review, file #14-Z1953, subject to the following conditions:

 

1.   This special review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval

 

2.   The site shall be developed consistent with the approved plan and with the information contained in the Hilgenberg/SASS Special Review, file #14-Z1953, 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 Hilgenberg/SASS Special Review

 

3.   Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.   This application is approved without the requirement for a development agreement

 

5.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved special review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the special review. All remedies are cumulative and the county’s election to use one shall not preclude use of another.  In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this special review approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

6.   The county may conduct periodic inspections to the property and reviews of the status of the special review as appropriate to monitor and enforce the terms of the special review approval

 

7.   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

 

8.   The applicant shall complete both a site plan review and development construction permit for the actual site development including drainage improvements

 

9.   Two port-a-potties shall be on site for all events and will be maintained by professional service company

 

10.   No more than 25-events per year with operational hours shall be 8:30 a.m. to 2:30 p.m.

 

11.   There shall be no more than 50-participants at any event

 

12.   Noise complaints may result in the requirement for additional study and  mitigation

 

13.   Applicant shall obtain a building permit for the shed, based on use, no later than 90-days from approval.

 

14.   Lead clean up of the range shall be completed annually.

 

This application appeared on the discussion agenda for the Larimer County Planning Commission due to neighbor comments received during the process. There were several members of the public present at the hearing and they spoke mostly regarding the noise and impact of the use and were generally not in favor of the application. There was one member of the public who spoke in favor of the request. The applicant’s noise engineer was present and did discuss the test and results of those tests, which illustrated that the request can meet the numeric noise standards of the Noise Ordinance. After much discussion and one unsupported request to table the application for input from the Burlington Northern Railroad and fire arm discharge requirements, the Larimer County Planning Commission recommended the Board of County Commissioners deny the request finding it incompatible with the neighborhood. 

 

Mr. Helmick further noted that applicant and proposed members are not a sanctioned SASS group. The participants shoot at metal targets with lead bullets which are flatten when the target is hit and fall directly down to the ground below. Lead cleanup is to be scheduled annually. Mr. Ryan stated that the annually scheduled cleanup is sufficient and that the lead will not easily break down affecting the water table in the area.

 

Noise tests were performed.  One was performed at the old location and another at the proposed location.  The results at the proposed site were at 50-55 decibels during the day.  This was compared to the train horn which is 85-decibels at the nearby crossing. There have been 2 complaints in the past 5-years in regards to the shooting range.

 

Chair Gaiter asked the applicant, Bill Hilgenberg to address the board. Mr. Hilgenberg noted that he has complied with all regulations and that the 8-foot berm all around the range should help reduce noise.

 

Commissioner Johnson asked Mr. Hilgenberg to describe what a typical day would look like.  Mr. Hilgenberg stated that the shooters are divided into 2 posses. There are 6 stalls that the shooters shoot from. One shooter from each posse starts at the loading table and loads their weapon. Those 2 shooters then start at the first stall and shoot at the targets. Those 2 shooters then move on to the 2nd and 3rd stalls to complete their round. This process continues until all the shooters have had an opportunity to shoot. The events are timed events and in the past, there has only been one event per month, weather permitting.

 

Commissioner Johnson asked for clarification on the proposed concealed weapons classes.  Mr. Hilgenberg stated the classes would be 6-hours in length, with 4-hours of class time and 2-hours of shooting.  There could be 6-8 people per class.

 

Chair Gaiter then opened up the hearing to public comment.  Lynn Lewis, Scott Maxwell, John Ashley, Jim Owens, Don Abdow, Ed Klen, Peggy Adbow, Rex Cue, Tim Bessler, Barbara Ashley, and Gary Hebert all addressed the board in favor of the shooting range. Statements made pertained to the way the shoots are run, there has only been 1 event per month in the past, the events are extremely safe, shooting does not take place the entire time, the sub sonic ammunition used cuts down on the noise, and that these are fun events promoting camaraderie amongst the participants.

 

Robyn O’Neil spoke in opposition, stating that the noise bothers her timid animals, prevents her from spending her weekends the way she would like to, and she was concerned with the lead mitigation.

 

Chair Gaiter closed public comment.

 

Mr. Hilgenberg was again asked to address the board and discussion ensued regarding the proposed number of events, times of events, number of conceal carry classes, and times of the classes.

 

Chair Gaiter asked Russ Pickerling, the sound engineer, to the address the Board.  He performed 3 tests. The results of the test taken at the range averaged 39.8-decibels. Background noise, mostly from I-25, averaged 38.5-decibels, and a train horn that registered at 95 to 115-decibels.  He stated that the earth berm would direct sound upwards, and with the participants shooting away from the nearby residences, the sound would be going forward.

 

Some discussion ensued between the Board regarding the recommendations and a few changes were made.

 

M O T I O N

 

Commissioner Johnson moved that the Board of Commissioners approve the Hilgenberg/SASS Special Review, file #14-Z1953, subject to the following conditions:

 

1.   This special review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.   The site shall be developed consistent with the approved plan and with the information contained in the Hilgenberg/SASS special review, file #14-Z1953, except as modified by the conditions of approval or agreement of the County and the applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Hilgenberg/SASS special review.

 

3.   Failure to comply with any conditions of the special review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

4.   This application is approved without the requirement for a development agreement.

 

5.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved special review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the special review. All remedies are cumulative and the county’s election to use one shall not preclude use of another.  In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this special review approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

6.   The county may conduct periodic inspections to the property and reviews of the status of the special review as appropriate to monitor and enforce the terms of the special review approval.

 

7.   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 the recording of the findings and resolution, their heirs, successors, assignees or transferees, and persons holding under applicants shall comply with the terms and conditions of the special review approval.

 

8.   The applicant shall complete both a site plan review and development construction permit for the actual site development including drainage improvements.

 

9.   Two port-a-potties shall be on site for all events and maintained by a professional service company.

 

10.   No more than 12 SASS events per year, 1 per month, and 4 concealed weapon classes per year with operational hours between 8:30 and 2:30 are allowed.  Shooting is allowed between 9:00 a.m. and 2:00 p.m.

 

11.   There shall be no more than three active shooters at any given time.

 

12.   Noise complaints may result in the requirement for additional study and mitigation.

 

13.   Applicant shall obtain a building permit for the shed, based on use, no later than 90-days from approval.

 

14.   Lead cleanup of the range shall be completed annually.

 

15.   The berm shall be no less than 8-feet to the north and northwest of the range.

 

Motion carried 3-0.

 

The hearing adjourned at 8:25 p.m.

 

TUESDAY,   SEPTEMBER 29, 2015

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart, Deni LaRue, and Christina Nielsen, Commissioners’ Office; Mark Pfaffinger and Mark Olson; Facilities and Information Technology Department; Captain John Manago, and Lieutenant Mike Brooks, Sheriff’s Office; and Melissa DeYoung and Craig Dorn, Deputy Clerks.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT:  Robert Kamperman addressed the Board with public comment.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF  SEPTEMBER 21,  2015:                        

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of September 21, 2015, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 5, 2015:    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 outlined below:

 

09292015A001           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TOLL CO I LLC FOR THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR KECHTER FARM PLANNED LAND DIVISION FILING 2 – PHASE TWO

 

09292015A002           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR) INFRASTRUCTURE GRANT AGREEMENT

 

02292015A003           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CDR MAGUIRE INC FOR AMENDMENT #III TO AGREEMENT FOR LARIMER COUNTY DISASTER RECOVERY GRANT MANAGEMENT & ADMINISTRATION

 

02292015A004           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, K & M COMPANY LLLP, AND TEAL CREEK HOMEOWNERS ASSOCIATION FOR THE FIRST ADDENDUM TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR TEAL CREEK PUD

 

09292015D001           AMENDED AND RESTATED WATER MAIN EASEMENTS

 

09292015D002           AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT FOR SEVEN SPRUCES TRUST CONSERVATION EASEMENT

 

09292015R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY INVESTIGATOR I

 

MISCELLANEOUS:            Warranty Memorandum for Martin Conservation Development 14-S3203.

 

Motion carried 3-0.

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS:   There were no guests present for comment.

 

6.         PROCLAMATION DECLARING OCTOBER 2015 NATIONAL CYBER SECURITY AWARENESS MONTH:   Mr. Pfaffinger and Mr. Olson addressed the Board and requested to join local governments and small businesses from around the world in designating October as National Cyber Security Awareness Month. Mr. Olson explained that the Information Technology Office planned to utilize the national Stop, Think, Connect Campaign to raise employee and citizen awareness of online security.

 

Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim October 2015 National Cyber Security Month.

 

Motion carried 3-0.

 

7.         ASSISTANT COUNTY MANAGER WORKSESSION:   Ms. Volker had no items to discuss.

 

8.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

9.         LEGAL MATTERS:  There were no legal matters to discuss.

 

There being no further business, the Board adjourned at 9:30 a.m.

 

WEDNESDAY,   SEPTEMBER 30, 2015

 

ABATEMENT HEARING

 

The Board of County Commissioners met at 9:30 a.m. with Jason Witty, Senior Appraiser, Assessor’s Office.  Chair Gaiter presided and Commissioners Donnelly and Johnson were present.  Also present were:  Melissa DeYoung and Craig Dorn, Deputy Clerks.

 

Chair Gaiter called the hearing to order.

 

Mr. Witty detailed the process he used to arrive at the current valuation of $307,221 for the subject property located in the Timber Creek Subdivision, for tax years 2013 and 2014.

 

The property owner, Patrick Duba, addressed the Board and stated that he did not understand why the value of his property increased 8%, which he felt were significantly more than similar properties in his neighborhood.

 

Mr. Witty explained that the percent of increase is not a statutorily required measurement; and therefore, is not tracked by the Assessor’s Office. He also clarified that Mr. Duba’s percent increase was higher than neighboring properties for the 2013-2014 tax year; however, the overall percent increase for the last three assessment cycles was equal to all other similar properties in his area.

 

M O T I O N

 

Commissioner Donnelly moved that the Board uphold the value of $307,221 as set by the Assessor’s Office for tax years 2013 and 2014.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 10:00 a.m.

 

 

 

_______________________________

                                                                                              LEW GAITER III

                                                                                           BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Melissa E. L. DeYoung, Deputy Clerk

 

 

__________________________________________

Denise Ruybal, Deputy Clerk