MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, February 25, 2019

 

    LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Carol Kuhn, Principal Planner. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Tony Brooks, Linda Hardin and Amy White, Code Compliance; Lesli Ellis, Community Development Director; Jennifer Cram, Community Development; Katie Gray and Traci Shambo, Engineering; Lea Schneider, Health Department; Jeannine Haag and Frank Haug, County Attorney’s and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.

 

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

 

1.         LOT CONSOLIDATION AND EASEMENT VACATION FOR LOTS 96 AND 97 CRYSTAL LAKES PUD 15TH FILING, FILE #18-LAND3857: The applicant would like to consolidate Lots 96 and 97 of the Crystal Lakes PUD 15th Filing located at 85 and 123 Shasta Way in Red Feather Lakes, CO. Both lots have platted building envelopes. There is a 10-foot utility, irrigation and drainage easement that runs along each side of the common property line between the two lots. The applicant also requests that both easements totaling 20-feet be vacated. There are currently no utilities or irrigation located in these easements. Upon preliminary research, it also appears that the easements were not designated for drainage to serve the area/subdivision. Lot 96 is currently 1.0977 acres and Lot 97 is currently 0.9630 acres. The proposed consolidation of Lots 96 and 97 will result in one lot totaling 2.06 acres. Both lots and the surrounding area are zoned E-Estate. Both lots are currently vacant, but the applicant plans to build a single-family residence/cabin in the future. If the applicant wishes to construct the future cabin in a location other than where the two platted building envelopes exist, they will need to go through the appropriate land use process to amend one or both building envelopes.

 

REVIEW CRITERIA:

 

The Larimer County Land Use Code allows for the approval of a Lot Consolidation if the following review criteria are met:

 

            A.        No additional lots will be created by the Lot Consolidation.

 

            B.         The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the amended plat must not increase the nonconformity.

 

            C.         The Lot Consolidation will not create a nonconforming setback for any existing building.

 

            D.        The resultant lots will meet the requirements of subsection 8.14.1.I. Lots can not be divided by a municipal or county boundary line, road, alley, or another lot.

 

            E.        The Lot Consolidation will not adversely affect access, drainage, or utility easements of rights-of -way serving the property or other properties in the area.

 

            F.         Any covenants. Deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be notes on the final plat, except those changes to a condition or note on a plat that are approved with this application. The County Commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change.

 

The proposed Lot Consolidation of Lots 96 and 97 of the Crustal Lakes PUD 15th Filing and vacation of the 20-foot utility, irrigation and drainage easement along the common property line will not adversely affect any neighboring properties or any County agency. The consolidation will not result in any additional lots. It is logical to vacate the easement along the common property line to allow for future improvements. Staff finds that the proposed requests meet the requirements of the Larimer County Land Use Code.

 

2.         LAND CONSOLIDATION PLAT TOWN OF ESTES PARK GLACIER CREEK WATER TREATMENT PLAN: Applicant requests approval of a Land Consolidation Plat to combine three existing parcels owned by the Town of Estes Park, with a portion of a larger parcel owned by the YMCA of the Rockies, to create one parcel, 8.009 acres in size. This is the current location of the Town’s Glacier Creek Water Treatment Plant. The property is generally to the north of the main YMCA facilities, just south of Bear Lake Road. This is approximately ¼ mile to the west of the intersection of State Highway 66 and Association Drive, west of the Town of Estes Park.

 

 

Three parcels (1.31 acres, 0.39 acre, and 0.44 acre in size) owned by the Town of Estes Park are to be combined with a portion of a larger parcel owned by the YMCA of the Rockies, into one parcel, 8.009 acres in size.

 

The property is within unincorporated Larimer County. Although the 1.31-acre parcel is located outside of the Estes Valley Development Code (EVDC) planning boundary, this application review is being fully processed by Town of Estes Park Community Development.

 

Property within the EVDC boundary is zoned A (Accommodations), with the portion outside of the boundary within the Larimer County O (Open) zoning

 

Staff recommends approval of the proposed Land Consolidation Plat.

Discussion Item:

 

MOTION:

 

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

 

Motion carried 3-0

 

 

4.         ORDER & ASSESSMENT FOR COSTS INCURRED PURSUANT TO PROPERTY CLEAN-UP COSTS: Costs and expenses to perform the work of removing outdoor storage, including unlicensed and inoperable vehicles, recreational vehicles, miscellaneous items, junk and debris were incurred by the County. These costs and expenses were not paid by the property owner as ordered. Pursuant to the Order for Costs dated December 31, 2018, unpaid costs associated with the removal and disposal of the above noted items shall be assessed as a lien against the property. Staff is, therefore, requesting the Board of County Commissioners approve the attached Order and Assessment.

 

1.    At a public meeting on April 24, 2017 the Board of County Commissioners authorized legal action along with setting a deadline of 60 days for the property owner to bring the property as follows:

 

a.    Remove all junk/debris, construction materials, scrap metal, boxes, and any other miscellaneous items stored outside.

 

b.     Remove all vehicles, trailers, and greenhouse from the property.

 

            2.         The property owner did not complete the work by the deadline established. Staff referred the file to the County Attorney’s Office for legal action.

 

            3.         A Court Order for case 17-CV30739 was entered on May 24, 2018 enjoining and restraining Colorado Heritage Trust and Stanley Weeks from:

 

a.    causing the property for outdoor storage of materials, miscellaneous items, tires, junk, debris, and unlicensed and/or inoperable vehicles and using the greenhouse unless the Defendants obtain a change of use permit, required inspections and required approvals.

 

b.    Accumulating junk and rubbish on the property, including junk  vehicles.

 

The Court Order required Colorado Heritage Trust and Stanley Weeks to: a. Remove such junk and rubbish within 30 days of the order, 21 BCC 02/25/19 ORDER & ASSESSMENT b. Remove all outdoor storage including unlicensed and inoperable vehicles, recreational vehicles, miscellaneous items, junk and debris within 30 days of the order.

 

             4.        The work was not completed by the deadline established by the Court.

 

             5.        Larimer County staff and Delahoy employees (contractor for the clean-up) entered the property on October 24, 2018 to begin the clean-up work. The clean-up work was completed on with the assistance of Schrader Fuel employees October 26, 2019

 

             6.        An Order for Costs was entered by the Court on December 31, 2018 assessing costs in the amount of $10,145.49 against the Defendants to be paid within 30 days of an invoice from Plaintiff.

 

             7.        A Report of Costs (invoice) for the costs incurred in the demolition was mailed via regular and certified mail to the owner on January 3, 2019, with the request that the amount owing be paid to the County within thirty (30) days, or by February 4, 2019.

 

             8.        The owner did not pay the amount due.

 

             9.        The Court Order provides that the costs incurred shall be automatically assessed as a lien against the property collectible by the Larimer County Treasurer in the same manner and with the same priority as general real property taxes.

 

             10.      Notice of this hearing was mailed, certified and regular mail, to the owner of record on February 6, 2019.

 

 

Tony Brooks Code Compliance Inspector detailed the timeline as stated above. Mr. Brooks explained that the purpose of todays hearing is to get approval to assess the incurred costs and expense for the cleanup work that was performed on this property on October 24th and 25th 2018 as a lien against the property. Staff requests the Board of County of County Commissioners approve the Order and Assessment.

 

Motion

 

Commissioner Kefalas moved that the Board of County Commissioners approve the Order and assessment.

 

Motion carried 3-0

 

5.         THOMAS BUILDING VIOLATION #2, FILE #17-CCC0256: The property owners are in violation of Section 5.1.B.2.a. of the Estes Valley Development Code by allowing their single-family dwelling to be rented short term to more than the maximum allowed number of occupants. Section 5.1.B.2.a state that the maximum allowable occupancy for a vacation home shall be eight (8) occupants, further limited by two (2) occupants per bedroom, plus two (2) occupants. Additionally, the owners are in violation of EVDC Section 5.1.B.3 which provides the process for large vacation home use. It states short term rentals having applied for the eight (8) and under registration with Estes Park prior to March 31, 2017, may apply for large vacation home use (nine (9) or more occupants) through a special review process.

 

The property owner is in violation of Section 105.1 of the International Residential Code which states: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the construction codes and the Construction Administrative Code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

 

Zoning Code Background

 

In 2015, this property was first permitted as a vacation home under the former EVDC regulations. The owners have renewed the permit every year.

 

In December 2016, the Larimer County Board of Commissioner and the Estes Park Board of Trustees adopted amendments to the Estes Valley Development Code for short-term vacation rentals. The new amendments required that all vacation rentals re-apply and become accountable to the new regulations.

 

On March 3, 2017, Stephen Thomas applied for a vacation home registration for this home. With the abeyance provided by the governing bodies, this property was allowed to continue to operate as a five (5) bedroom vacation rental pending approval of their registration.

 

On April 20, 2017 the Code Compliance Officer contacted Mr. Thomas to advise him that this property’s assessor record indicated the home had 3 bedrooms, but the registration application stated five bedrooms. Instructions were given to Mr. Thomas to work with Larimer County to resolve this dispute.

 

On October 4, 2017 Mr. Thomas was made aware that the leach field would not be adequate for five (5) bedrooms in this home.

 

On December 8, 2017 Mr. Thomas emailed the Code Compliance Officer acknowledging the need to connect to the sewer system through Upper Thompson Sanitation.

 

On December 21, 2017 the property was inspected by the Community Development staff of Estes Park, and was approved for three (3) bedrooms. The basement containing the additional two (2) bedrooms was locked and staff was informed that it would not be used until the building issues were resolved.

 

On March 23, 2018 the Code Compliance Officer contacted Mr. Thomas regarding his renewal. Upon checking the advertising as part of the renewal process, it was discovered that this home was advertised for twelve (12) occupants. It was also noted that the advertising for their vacation rental next door indicated that they could accommodate weddings and events for up to sixty (60) guests.

 

On March 28, 2018, following an email exchange, Mr. Thomas was advised that they could not host events on the properties. They would exceed the number of allowed occupants as well has the number of vehicles allowed at a vacation home.

 

On May 29, 2018 the Code Compliance Officer sent a Notice of Violation to Mr. Thomas regarding this property’s operation. The Airbnb ad clearly stated that home had five (5) bedrooms and could accommodate twelve (12) guests, also stating that combined with the vacation home next door, they could accommodate events up to sixty (60) guests.

 

On June 13, 2018 an email was received by the Code Compliance Officer that the corrections to the advertising would be taken care of.

 

On June 22, 2018 The Code Compliance Officer emailed Mr. Thomas after discovering that the VRBO ad still indicated that the properties could accommodate 24 occupants (12 each).

 

On June 25, 2018 Mike Thomas met with the Code Compliance Officer to confirm that all advertising had been corrected.

 

On January 4, 2019, Larimer County Code Compliance informed Estes Park Code Compliance Officer that they were advertising five (5) bedrooms and twelve (12) occupants.

 

On January 5, 2019 it was decided that enforcement would be conducted by both Larimer County Code Compliance for building code issues, and Estes Park Code Compliance for land use issues.

 

On January 9, 2019 a Notice of Violation was sent to the property owners for advertising and renting this vacation home as five (5) bedrooms and twelve (12) occupants.

 

On January 11, 2019 the notice was received by Mr. Thomas and Mike Thomas called to advise that he would take care of this again.

 

On February 6, 2019 it was discovered that this property is still advertised on Airbnb as a five (5) bedroom home. Also, the Airbnb ad for the home next door advertises parties for up to sixty (60) guests with the rental of both vacation homes.

 

Building Code Background

 

The owner came in to apply for a permit in August 2017. Building permit 17-RES0611 was initiated to “Remodel for VRBO – add 3 bedrooms, 3 windows and 1 door”.

 

On September 5, 2017, the Health Department made the following note in the permit, “Due to setback limitations from Lake Estes, a remodel of the existing OWTS (on site waste water treatment) is not feasible. House will need to connect to Upper Thompson Sanitation District to be able to accommodate a five-bedroom house for VRBO per David Menzies.”

 

Permit 17-RES0611 was then changed to: “As-built – remodel for VRBO – add 1 bedroom, 3 windows, 1 door” and, due to the septic limitations, was only approved for three bedrooms. An additional full bath and an additional half bath were also included in this permit. See the amended floor plan attached where “bedroom” is crossed out and replaced by “den” in two rooms.

 

Code Compliance Inspector Tony Brooks met with the owner and his son on December 14, 2017 and discussed the septic issue at that time. Also discussed were the steps needed to reach compliance.

 

The permit received final inspection approvals on December 29, 2017 for a three-bedroom, 2.5 bath residence.

 

Subsequently, in the course of updating the research on this property due to the short-term vacation rental regulations recently adopted, it was discovered that advertising for this residence stated it contained five bedrooms and could sleep 12.

 

Staff Findings:

 

Zoning:

 

1.   The property is zoned RE.

 

2.   A single-family home in the RE zoning district can operate as a vacation or large vacation home with proper approvals

 

3.   The Estes Valley Development Code specifies that a maximum of eight (8) occupants are allowed in a three (3) bedroom home.

 

4.    The Estes Valley Development Code provides for the application and approval for a large vacation home. 5. The Estes Valley Development Code stipulates that vacation homes must meet all requirements for building, health and fire codes

 

Building:

 

1.   Building permits are required to change the use of the two “dens” into bedrooms.

 

2.   To have five bedrooms, the residence needs to connect to the Upper Thompson Sanitation District.

 

3.   Larimer County Health Department regulations state that if a structure is within 400 feet of an existing sewage line, the structure must connect to that service.

 

       4. If five bedrooms are allowed, the residence would be subject to the provisions of the International Building Code and be classified as a Large Vacation Home.

 

 

Staff recommends setting a deadline for the property to be brought into compliance and authorize legal action if the property is not in compliance by the deadline.

 

Linda Hardin and Amy White, Code Compliance went over the background of the above violation as well as went into detail on the zoning and building code violations.

 

Ms. Hardin addressed the Board and explained the zoning violations of this property as outlined above. She explained to the Board as of this morning, the VRBO is still advertising up to twelve guests as well as a fourth bedroom downstairs. It also still advertises the adjacent property can hold up to sixty guests for special events if both properties are rented.

 

Ms. White addressed the Board and explained the building violations of the property and went over the major issues and concerns.

 

There was some discussion between the Board and staff.

 

Chair Donnelly invited the applicant to address the Board.

 

Mike Thomas, son of property owners Steve and Carol Thomas thanked staff for their patience and did explain that they will do what it takes to be compliant. They did explain they have not had any wedding or special events for the last two years. He also explained he is working with the Upper Thompson Sanitation District.

 

Commissioner Johnson had some questions for staff about renting for eight people at this time if they did not use the den as a bedroom would they meet the requirements. Ms. White explained that this is correct and that usually in this type of situation they would have them remove the bed from the den.

 

Commissioner Johnson also had some questions on several of the conditions.

 

Motion

 

Chair Donnelly set a deadline of thirty days to cease utilizing the residence as a large short-term vacation rental and to modify all advertising to reflect accurate and complying information and further conditions to connect to Upper Thompson Sanitation and apply and receive final inspection for the additions of the two bedrooms prior to renting as a short-term vacation rental.

 

Motion carried 3-0

 

6.         ALLELY COMBO VIOLATION, FILE #19-CC0019: The property owner is in violation of Section 5.1.B of the Estes Valley Development Code (EVDC) by virtue of allowing their single-family dwelling to be leased for less than 30 days without the benefit of vacation home registration approval as required in the A-1 Estes Valley Development Area zoning district.

 

Section 13.2.C.2.b.(4) of the EVDC defines a vacation home as a residential dwelling unit that is rented, leased or occupied for accommodations purposes for compensation for terms of less than thirty (30) days.

 

Section 5.2.B.1.a requires that all vacation homes shall obtain an operating registration on an annual basis. Section 5.2.B.2.g requires that vacation homes meet applicable Building, Health and Fire codes.

 

The property owner is in violation of Section 105.1 of the International Residential Code which states: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the construction codes and the Construction Administrative Code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

 

The property is located south of the YMCA of the Rockies, off Tunnel Road, in the Estes Valley Development Area. Access is acquired through the YMCA property.

 

 

Zoning Background:

 

 

On February 22, 2016 a Notice of Violation was sent to the Shirley M Allely Living Trust for operating this vacation home without a permit.

 

On March 11, 2016 Steven Allely contact the Code Compliance Officer to advise that he was working on obtaining the appropriate license, but was waiting on a sales tax ID.

 

On March 24, 2016 Mr. Allely submitted application for the permit to operate this vacation home. This application was approved, and an operating permit was issued under the former EVDC regulations.

 

On December 16, 2016 the Larimer County Board of Commissioners and the Estes Park Board of Trustees adopted amendments to the EVDC requiring that all vacation homes reapply for their operating permit/registration, and meet the new requirements as specified in the new regulations.

 

On March 7, 2017 Mr. Allely submitted his application for the registration of this vacation home. Under the abeyance, it could operate pending approval of the registration.

 

On March 28, 2017 Mr. Allely emailed the Code Compliance Officer for clarification on the packet received.

 

On April 6, 2017 the affidavit of neighbor notification was received by the Community Development department, thus confirming that the packet with “next step” instructions had been received and Mr. Allely was working on the process.

 

On October 26, 2017 a reminder letter was sent to Mr. Allely that he needed to schedule the inspection for this vacation home to finish the registration process. He was advised that if the registration approval was not completed by December 31, 2017, the application would be voided, and he would need to start the process over with a new application in 2018.

 

On December 7, 2017 the Code Compliance Officer inspected the vacation home for EVDC compliance. It was found that exterior lighting did not meet dark sky regulations and the application was not approved.

 

On January 5, 2018 Mr. Allely confirmed with the Code Compliance Officer that the lights had not yet been replaced. He agreed to void the 2017 application and indicated that the exterior lights would be replaced in the Spring and would then re-apply for registration.

 

On July 6, 2018 Estes Park code compliance received notification from the Larimer County Code Compliance Inspector that this vacation home was advertising and was not registered. On that date a Notice of Violation was sent to Mr. Allely from the Estes Park Code Compliance Officer.

 

On September 4, 2018, Larimer County Code Compliance and Estes Park Code Compliance decided to work together toward an enforcement process to bring this property into compliance with EVDC and LC building codes as no response was received to the July notice.

 

On October 1, 2018, Host Compliance, an enforcement company contracted by the Town and County to assist in identifying non-compliant vacation homes, sent a letter advising Mr. Allely that he was in violation of the EVDC by not registering this home.

 

On December 13, 2018 and January 3, 2019, the property was still advertised as a vacation rental.

 

On January 4, 2019, Mr. Allely was advised of the Public Meeting date to address the violations to this property.

 

 

Building Code Background:

 

In preparing for the Public Meeting for 295 Longs Trail, Estes Park, I remembered that Estes Park Code Compliance Officer Linda Hardin had mentioned that there were two residences owned by Mr. Allely that were illegally being advertised and rented without the proper license from the Town of Estes Park.

 

The advertising for this property, indicates obvious life-safety issues (improper egress windows). After conversation with Chief Building Official, Eric Fried, staff thought it best to open a separate file on this address as well. If the Owner was to obtain a license from the Town, he would be subject to the new short-term rental regulations including the life-safety inspection for improper/unpermitted work.

 

Additional research reveals that the basement was finished without a permit, including the addition of a bathroom. As well, the deck was constructed without a permit.

 

Normally, when a building violation is found in a case that involves short-term rental, the owner is motivated to resolve the issues so their license with the Town is not jeopardized. Because there is a corresponding zoning violation pursuant to the Estes Valley Development Code, staff for both jurisdictions thought it best to consider the building and zoning violations in a comprehensive manner at this Public Meeting.

 

This property has continuously been rented as a short-term rental without proper registration as required by the EVDC for all vacation rentals. The home does not meet the required EVDC or Larimer County building code requirements.

 

Without permits and inspection approvals for the conversion to habitable space, there are life/safety concerns for occupants of the property including the public who rent the property for short-term use. Per the Larimer County Health Department, there are no OWTS of record for this address and it is unknown how the waste is being treated.

 

Staff Findings:

 

Zoning:

 

1.   The property is zoned A-1 Accommodations.

 

2.   A single-family residence cannot be used for short-term vacation rentals in the A-1 Accommodations Zoning District without obtaining registration approval under the EVDC.

 

3.   The A-1 Accommodations Zoning District allows for vacation home use and I not subject to the “cap” (limit set for vacation homes in residential zoning districts).

 

4.   “Vacation Home” is defined in the EVDC as: “A residential dwelling unit that is rented, leased or occupied for accommodations purposes for compensation for terms of less than thirty (30) days.”

 

     5.      This vacation home has been continually rented based on evidence obtained from Host Compliance, and on the VRBO website, without registration for over two (2) years.

 

Building:

 

1.   An as-built conversion permit and inspection approvals are required.

 

Staff recommends setting a deadline for the property to be brought into compliance and authorize legal action if the deadline set by the Commissioners is not met.

 

Chair Donnelly asked Staff to Combine violations 6 and 7 for one motion

 

7.          ALLELY LIVING TRUST COMBO VIOLATION, FILE #17-CCC0112: The property owner is in violation of Section 5.1.B of the Estes Valley Development Code by virtue of allowing their single-family dwelling to be leased for less than 30 days without the benefit of vacation home registration approval as required in the A-1 Estes Valley Development Area zoning district.

 

Section 13.2.C.2.b.(4) of the EVDC defines a vacation home as a residential dwelling unit that is rented, leased or occupied for accommodations purposes for compensation for terms of less than thirty (30) days.

 

Section 5.2.B.1.a requires that all vacation homes shall obtain an operating registration on an annual basis. Section 5.2.B.2.g requires that vacation homes meet applicable Building, Health and Fire Codes.

 

The property owner is in violation of Section 105.1 of the International Residential Code which states: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the construction codes and the Construction Administrative Code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

 

The property is located south of the YMCA of the Rockies, off Tunnel Road, in the Estes Valley Development Area. Access is acquired through the YMCA property.

 

Zoning Background:

 

On March 11, 2016 Steven Allely contacted the Code Compliance Officer to advise that he was working on obtaining the appropriate license, but was waiting on a sales tax ID.

 

On March 24, 2016 Mr. Allely submitted an application for the permit to operate this vacation home. This application was approved, and an operating permit was issued under the former Estes Valley Development Code (EVDC) regulations.

 

On December 16, 2016 the Larimer County Board of County Commissioners and the Estes Park Board of Trustees adopted amendments to the EVDC requiring all vacation homes re-apply for their operating permit/registration, and meet the requirements as specified in the new regulations.

 

On March 7, 2017 Mr. Allely submitted his application for the registration of this vacation home. Under the abeyance, it was allowed to operate pending approval of the registration.

 

On March 22, 2017, Mr. Allely was notified that this property was listed with 2 bedrooms on the Larimer County Assessor records, and the registration application indicated three bedrooms. Mr. Allely was given forms and information to contact the Larimer County Code Compliance Department to resolve this issue. He was advised that the registration application would be on hold until this was resolved with Larimer County.

 

On March 28, 2017 Mr. Allely requested the “next steps” packet for this vacation home. He was advised that it would not be sent until the bedroom dispute was resolved. Forms were again emailed to Mr. Allely to start the process with Larimer County.

 

On May 9, 2017, Larimer County Code Compliance advised Mr. Allely to contact them to obtain an as-built permit for the shed that was converted into habitable space.

 

On October 26, 2017 a reminder letter was sent to Mr. Allely advising that the bedroom dispute had not yet been resolved and that it must be done by December 31, 2017.

 

On November 1, 2017 a second reminder with more specific details was mailed to Mr. Allely to advise him that the registration application would be void if not received by December 31, 2017.

 

On December 7, 2017 the Code Compliance Officer inspected the vacation home for EVDC compliance at the request of Mr. Allely (while inspecting his other vacation home at 293 Longs Trail). The Code Compliance Officer requested information from Larimer County on the status of this vacation home.

 

On December 8, 2017 the Code Compliance Officer advised Mr. Allely of the information received from Larimer County, and reminded him that after December 31, 2017, he would not be allowed to rent this vacation home.

 

On January 5, 2018 Mr. Allely was informed by the Code Compliance Officer that the 2017 registration application was void as no as-built permits had been applied for with Larimer County to bring the vacation home in to compliance.

 

On July 6, 2018 the Code Compliance Officer received notification from the Larimer County Code Compliance Inspector that this vacation home was advertising and was not registered. On that date a Notice of Violation was sent to Mr. Allely from the Estes Park Code Compliance Officer.

 

On September 4, 2018, Larimer County Code Compliance and Estes Park Code Compliance decided to work together toward an enforcement process to bring this property into compliance with EVDC and Larimer County building codes as no response had been received by either jurisdiction.

 

On October 1, 2018, Host Compliance, an enforcement company contracted by the Town to assist in identifying non-compliant vacation homes, sent a letter advising Mr. Allely that he was in violation of the EVDC by not registering this home.

 

On December 13, 2018 and January 3, 2019, the property was still advertised as a vacation rental.

 

On January 4, 2019, Mr. Allely was advised of the Public Meeting date to address the violations to this property.

 

Building Code Background:

 

The current Owner, Mr. Allely, submitted a Request for Property Research on March 29, 2017 on behalf of the previous Owner, the Shirley M. Allely Living Trust, stating the reason for the inquiry was “Estes Valley Development Code regulations.”

 

Research revealed that a storage building had been converted to habitable space without the benefit of a building permit. A building permit and inspection approvals are required. A Code Compliance file was initiated and per normal business process, Code Compliance Inspector Tony Brooks sent a 15-day letter to the Owner. No response was received.

 

On July 6, 2018, the new Code Compliance Inspector for this area mailed a second 15-day letter. No response was received. On September 4, 2018 a 30-day letter was sent to the Owner. Again, no response was received.

 

Normally, in a building violation case where there is no response from the Owner, the file is referred to the County Attorney for further action. Because there is a corresponding zoning violation pursuant to the Estes Valley Development Code, staff for both jurisdictions thought it best to consider the building and zoning violations in a comprehensive manner at this Public Meeting.

 

Zoning: This property has continuously been rented as a short-term rental without proper registration as required by the EVDC for all vacation rentals. The home does not meet the required EVDC or Larimer County building code requirements.

 

Building: Without permits and inspection approvals for the conversion to habitable space, there are life/safety concerns for occupants of the property including the general public who rent the property for short-term use. Per the Larimer County Health Department, there are no OWTS of record for this address and it is unknown how the waste is being treated.

 

Staff Findings:

 

Zoning:

 

1.   The property is zoned A-1 Accommodations.

 

2.   A single-family residence cannot be used for short-term vacation rentals in the A-1 Accommodations Zoning District without obtaining registration approval under the EVDC.

 

3.   The A-1 Accommodations Zoning District allows for vacation home use and is not subject to the “cap” (limit set for vacation homes in residential zoning districts).

 

4.   “Vacation Home” is defined in the EVDC as: “A residential dwelling unit that is rented, leased or occupied for accommodations purposes for compensation for terms of less than thirty (30) days.”

 

5.   This vacation home has been continually rented based on evidence obtained from Host Compliance, and on the VRBO website, without registration for over (2) years.

 

Building:

 

1.   An as-built conversion permit and inspection approvals are required.

 

Amy White and Linda Hardin, Code Compliance briefed the Board on the above building and zoning violations. Staff recommends setting a deadline for the property to be brought into compliance and authorize legal action if the deadline set by the Commissioners is not met.

 

Chair Donnelly invited the applicant to address the Board.

 

John Ferris, attorney representing Mr. Allely. He gave a brief history of the property and believes that the permits and inspections had been completed. He did say that are meeting with Ms. White in the morning to go through the documentation to see what needs to be done to bring the properties into compliance.

 

There was some discussion between the Board and Staff.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners set a 60 day deadline  for the building violations and that the buildings will not be rented until the zoning violations are met.

 

Motion carried 3-0

 

With there being no further land use items, the Board adjourned at 4:05 p.m.

 

 

TUESDAY, FEBRUARY 26, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were Brenda Gimeson and Alisha Jeffers, Commissioners Office; and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT :  Jason Grubb, representing Oil and Gas Association addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 18, 2019:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of February 18, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 4, 2019:   Ms. Gimeson reviewed the upcoming schedule with the BOCC.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS :

Recommended Denial – Speckman FC Safeway LLC, Parcel R1617732/97214-40-001 (2016)

 

02262019R001             FINDINGS AND RESOLUTION APPROVING THE LIVERMORE FIRE PROTECTION DISTRICT STATION #1 FEE APPEAL

 

02262019R002             FINDINGS AND RESOLUTION APPROVING THE LIVERMORE FIRE PROTECTION DISTRICT STATION #1 APPEALS TO SECTION 8 STANDARDS

 

02262019R003             SALARY RESOLUTION FOR JACKSON COUNTY DEPUTY DISTRICT ATTORNEY 1

 

MISCELLANEOUS: Colorado Parks and Wildlife Impact Assistance Grant Application; Recommended appointment to the Citizen Review Panel, Tracy Kelley; Recommended  Appointment to the Land Stewardship Advisory Board, Ronald Harris: Recommended Appointment to the Country Meadows GID Advisory Board, Miles O’Reilly; Recommended Appointment to the Red Feather Lakes 13A General Improvement District, Caryn Hughes; Recommended Reappointment to the Saddleback Public Improvement District, Don Jaffee; Recommended Appointment to the Saddleback Improvement District, Ernie Pile: Recommended Appointment to the Pinewood Springs GID, Patrick Dewey; Recommended Mid-Term Appointment to the Fair Board, Darryl English; Recommended Appointment to the Fair Board;, Stephanie Fancher-English; Recommended Appointment to the Fair Board, Susan Deines; Recommended Appointment to Fair Board, Sharon Gatenby; Recommended Appointment to the Fair Board, Emily McMurtry.

 

LIQUOR LICENSES: Swing Station – Tavern – LaPorte

 

  M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the consent

agenda, as outlined above.

 

Motion carried 3-0.   

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioners did not have any guests.

 

6.         PROCLAMATION MARCH 2019 DEVELOPMENTAL DISABILITY AWARENESS MONTH: People with intellectual and developmental disabilities belong in the community and have fundamental moral, civil and constitutional rights to be fully included and actively participate in all aspects of society. These individuals are defined by their own strengths, abilities, and inherent value, not by their disability, who, with appropriate resources and supports, can make decisions about their own lives and must be heard on issues affecting their lives.

 

Encourage businesses, individual citizens and the community-at-large to learn about people with disabilities, volunteer their talents and time on behalf of those with disabilities during the month of March and throughout the year, and actively include people with intellectual and developmental disabilities in every aspect of community life.

 

Cari Brown, ARC Communications Coordinator; Dena Jardine, Associate Director, Workforce Center; Jessica Schoutz, Director of Adult Advocacy and Julian Wang, Treasurer of People First addressed the Board. They explained their goal is to promote inclusion of every aspect of daily life and to provide individual advocacy services to community members living with intellectual disabilities.

 

Ms. Brown wished to thank the County for their strong commitment and was thrilled to see in the Larimer County strategic plan specifically calling for a 5% reduction in the unemployment rate for people with disabilities.

 

Julian Wang spoke of the upcoming film festival on March 8, 2019 directed by people with disabilities

 

Commissioner Kefalas thanked them for being here for raising awareness and looks forward to participating in the upcoming film festival at the Lory Student Center.

 

Commissioner Kefalas asked Mr. Wang to explain “person first” language. Mr. Wang explained it is the ability to be recognized as a person instead of describing the disability.

 

Chair Donnelly also thanked them for coming and wanted to recognize Commissioner Johnson whose goal it was to make sure that this was put into the strategic plan and deserves credit for this.

 

Commissioner Johnson read the following proclamation for Developmental Disability Awareness month for March 2019:

 

WHEREAS, our community believes people with intellectual and developmental disabilities belong in the community and have fundamental moral, civil and constitutional rights to be fully included and actively participate in all aspects of society; and

 

WHEREAS Larimer County recognizes people with intellectual and developmental disabilities are defined by their own strengths, abilities, and inherent value, not by their disability; and

 

WHEREAS we recognize that people with intellectual and developmental disabilities, with appropriate resources and supports, can make decisions about their own lives and must be heard on issues affecting their lives; and

 

WHEREAS Larimer County is interested in the welfare of and improving the quality of life for citizens with intellectual and developmental disabilities; and

 

WHEREAS the Larimer County Workforce Center is committed to assisting individuals with intellectual and developmental disabilities in finding employment through our services and in partnership with other community agencies; and

 

WHEREAS Larimer County wants to encourage businesses, individual citizens and the community-at-large to promote full inclusion for citizens with disabilities in work, recreation and in every aspect of community life;

 

NOW, THEREFORE, WE, the Board of Larimer County Commissioners do hereby proclaim the month of March as DEVELOPMENTAL DISABILITY AWARENESS MONTH for all of Larimer County and urge our citizens to learn about people with disabilities, volunteer their talents and time on behalf of those with disabilities during this month and throughout the year, and actively include people with intellectual and developmental disabilities in the community.

 

Motion carried 3-0

 

The Board took a brief recess for a photo opportunity.

 

The Board came back to order.

 

7.         INITIAL CAPITAL FUNDING REQUEST TO SUPPORT ADDITONAL JUDGE NEEDS AT JUSTICE CENTER: The 8th District Court requested an additional Judge in 2019, and it now appears very likely to be approved. The Justice Center has no additional courtroom space, and the Commissioners approved a conceptual plan on January 15, 2019 to move Probation out, allowing construction of a new courtroom at the Justice Center.

 

The County is negotiating on leased space to provide a temporary location for Probation and received preliminary cost information from The Architects' Studio and two general contractors. The lease details will be presented separately at a later date. Initial costs for design and pre-construction work at two separate sites is about $200K. If approved, this initial work may allow the County to complete all phases of the project by February 2020. Total project cost to provide an additional courtroom is still expected to be about five million dollars.

 

Committing the $200K now will move design and pre-construction work ahead immediately, allowing the project to be completed early in 2020. If the Judge position isn't ultimately approved, the work that occurs between now and the final State decision date would be billed at time and material, so some of the $200K committed would not be spent.

 

 

There remains a possibility the Judge position would not be approved by the State, resulting in a significant investment by the County that would prove unnecessary. Also, some of the design work required will begin on a property the County is still negotiating to lease for expected State needs.

Approve up to $200K in initial costs for design and pre-construction work at two separate sites, to support the likely approval of an additional 8th District Court Judge at the County Justice Center at 201 LaPorte in Fort Collins.

 

Larimer County, State of Colorado, 8th District Court, District Attorney's Office, State Probation, The Architects' Studio, Bryan Construction, Haselden Construction, all local law enforcement agencies.

 

The public would benefit from an additional Judge in the 8th District Court, though the cost of five million dollars to provide the courtroom needed is significant.

 

Ken Cooper, David Bragg and Jennifer Johnson, Facilities Department addressed the Board.

 

Mr. Cooper explained the situation with the initial costs for pre-construction to accommodate one Judge (courtroom) and staff. He also mentioned possible time frames. Mr. Cooper also went over the breakdown of the funds.

 

There was some discussion among the Board and Mr. Cooper on the planning as well as the current voting on the Senate Bill-043.

 

MOTION

 

Commission Kefalas moved that the BOCC approve up to $200,000 in initial costs for design and pre-construction work at two separate sites, to support the likely approval of an additional 8th District Court Judge at the County Justice Center at 201 LaPorte Avenue in Fort Collins.

 

Motion carried 3-0

 

8.         LETTER OF SUPPORT FOR I-25 FUNDING: The State of Colorado is facing severe and growing transportation problems that threaten the safety, efficiency, and economy of Colorado. Within the context of stagnant or declining funding, the State’s transportation infrastructure has seen usage and congestion grow significantly, reflective of both the increased population and economic boom the state has endured over the past decade. A substantial increase in the population along the I-25 corridor, especially in Larimer and Weld Counties, has created more congestion and a decrease in safety conditions along the corridor. The Colorado Department of Transportation is planning on submitting an INFRA grant application to US DOT for I-25 Segments 7 and 8. The grant request is for partial funding for the reconstruction of I-25 from State Highway (SH) 402 to SH 14 and addition of a center loading platform for Express Bus Service from Loveland to Denver and six structures, including two interchanges, two railroad crossings, one local access and one structure that provides flood resiliency, and a bike pathway. This project will connect communities and move people and freight across I-25.

 

The implementation and delivery of I-25 Segments 7 and 8 represents an opportunity for the State of Colorado to effectively improve mobility and safety outcomes along one of the state’s busiest road corridors while concurrently ensuring that the economic vitality provided by this crucial route connecting Wyoming to New Mexico are maintained.

 

Chair Donnelly expressed the Boards support of the Colorado Department of Transportations’ (CDOT) application for the funding under the USDOT Infrastructure for Rebuilding America Grant Program for their I-25 Segments seven and eight project.

 

Chair Donnelly explained that the State of Colorado is facing severe and growing transportation problems that threaten the safety, efficiency, and economy of Colorado.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners approve a letter in support of the Colorado Department of Transportation’s application for partial funding for the reconstruction of I-25 from State Highway 402 to State Highway 14.

 

Motion carried 3-0

 

9.          COUNTY MANAGER WORKSESSION:  Ms. Hoffman updated the Board on upcoming projects and activities.

 

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

 

11 .        EXECUTIVE SESSION:  Commissioner Kefalas moved that the Board entered Executive Session pursuant to C.R.S. 24-6-402(4)(b) conferences with an Attorney for the purpose of receiving legal advice on specific legal questions.

 

Motion carried 3-0

 

Decision

 

Commissioner Kefalas moved to authorize the County Attorney to defend Sheriff’s Deputy Kandis Dacus and provide full indemnity to Kandis Dacus in the Kristina Georgio case, Larimer County District Court Case No. 19 CV 30071

 

 

With there being no further business, the Board adjourned at 10:30 a.m.

 

 

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk