HomeMy WebLinkAboutbocc.min.reg.07282004 PITKIN COUNTY COMMISSIONERS
REGULAR MEETING AGENDA
LOCATION: Rio Grande Conference Room
(Mick Ireland and Patti Clapper Not Present)
WEDNESDAY~ JULY 28~ 2004
2:00 PM ADDITIONS/DELETIONS TO AGENDA
PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS
Introduction of Lauren Lacy, Youth Appointment to Citizen Grant Review Committee
Pitkin County Cares Awards, Pat Bingham
CONSENT ACTIONS
1. Minutes 0£4/29, 7/6 Special Meetings, 7/14 Regular Meeting, and 4/20, 6/22 and 7/6 Work Sessions
CONSENT ACTIONS- 1st Readings~ Set for Public Hearing on August 11:
2. Resolution Approving FAA Grant for Airport Capital Improvements, Project Number 3.08_0003.29,
Rex Tippets
3. Resolution Approving FAA Grant for Airport Capital Improvements, Project Number 3-08-0003-30,
Rex Tippets
4. Ordinance Approving Acquisition of Milvenan Property, Dale Will
CONSENT PUBLIC HEARING - 2~a Readings
5. Ordinance Amending the North Star Management Plan Regarding Commercial Paragliding, Barb
D'Autrechy
6. Resolution Approving Pre-Disaster Mitigation Planning Grant with the Colorado Office of
Emergency Management, Ellen Anderson
7. Confirmatory Reading, Ordinance Granting an Underground Right of Way Easement to Holy Cross
Energy at the Aspen/Pitkin County Airport, Rex Tippetts
8. Ordinance Authorizing Proceedings in Eminent Domain to Acquire Property for the Aspen/Pitkin
County Airport, Chris Seldin
LAND USE CONSENT ACTIONS
1. Nelson 1041 Hazard Review, Conceptual Submission, Easement Vacation, Minor Plat Amendment
(Maroon Creek Ranch Subdivision Tracts 4 & 5) 2nd Reading, E. Louthis
LAND USE PUBLIC HEARINGS
2. Light CDU, Major Plat Amendment, 1st Reading (PN 6/26/04), E. Louthis
3. ARFF/SRE Scenic Overlay Review (PN 6/26/04), S. Wolff
4. Tobey CDU Major Plat Amendment, 1st Reading (PN 6/26/04), E. Louthis
5. Stillwater Ranch Lot 4, Major Plat Amendment (PN 6/26/04) 1st Reading, E. Lonthis
6. Oliphant Special Review for Multiple detached Elements (PN 6/26/04), E. Louthis
LAND USE ACTIONS
7. Chase Minor Plat Amendment, Minor Amendment to Development Permit, Tract B, McCabe Ranch,
E. Louthis
BOCC OPEN DISCUSSION
ADJOURN
APPROVED AUGUST 11, 2004
MINUTES
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
JULY 28~ 2004
NOTE: For all staff memorandums and associated documents, including
additional exhibits submitted, refer to the BOCC PACKET for July 28, 2004
CALL TO ORDER: Chairperson Farris called the regular meeting of the Board
of County Commissioners to order at 2:00 PM
COMMISSION MEMBERS PRESENT: Commissioners Dorothea Farris, Shellie
Roy, and Jack Hatfield
COMMISSION MEMBERS NOT PRESENT: Commissioner Clapper due to a
scheduled vacation.
Introduction of Lauren Lacey as the youth appointment to the Pitkin County
Citizen Grant Review Committee.
PROCLAMATIONS: Pitkin County Cares Awards
ADDITIONS/DELETIONS TO AGENDA: None
PUBLIC COMMENT:
Paul Taddune appeared before the Board to request that the Resolution
approving the Warren application, which was approved at the last meeting, be
reconsidered to allow dogs to be in the house, kenneled or on a leash.
Commissioner Hatfield moved to reconsider the resolution concerning the
Warren application. Commissioner Roy seconded the motion. Motion
passed with three yea votes, one abstention by Commissioner Ireland due
to the fact that he was not in attendance at the last meeting when the
application was considered. Commissioner Clapper was not present.
COMMISSIONER COMMENTS:
Commission members gave updates on local, state and federal issues.
Commissioner Ireland gave an overview of the Tour Le France bike ride.
BOARD OF COUNTY COMMISSIONERS 1
REGULAR MEETING JULY 28, 2004
Additionally, he read a letter into the record from Vitashka Kirshen responding to
her Pitkin County Cares Award. A copy of her written comments is attached to
the end of the packet, for this meeting, under additional exhibits.
CONSENT ACTIONS:
APPROVAL OF MINUTES OF APRIL 29 AND JULY 6 SPECIAL MEETINGS~
JULY 14 REGULAR MEETING AND APRIL 20, JUNE 22 AND JULY 6, 200~.
WORK SESSION MEETINGS - MOTION TO APPROVE - STAFF PERSON:
JEANE I I = JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS
Commissioner Hatfleld moved approval of the Consent Actions Agenda.
Commissioner Ireland seconded the motion. Motion passed with four yea
votes. Commissioner Clapper was not present.
CONSENT ACTIONS - FIRST READINGS, SET FOR PUBLIC HEARINGS ON
JULY 28~ 2004:
FIRST READING - RESOLUTION ACCEPTING THE OFFER OF FEDERAl
AVIATION ADMINISTRATION (FAA), AIRPORT IMPROVEMENT PROGRAM
{ALP) GRANT TO ASSIST IN THE FUNDING OF ASPEN/PITKIN COUNTY
AIRPORT CAPITAL IMPROVEMENTS (PROJECT NUMBER 3-08-0003-29)
MOTION TO APPROVE - STAFF PERSON: REX TIPPETS~ ASSISTANT
AIRPORT DIRECTOR
FIRST READING - RESOLUTION ACCEPTING THE OFFER OF FEDERAl
AVIATION ADMINISTRATION {FAA), AIRPORT IMPROVEMENT PROGRA.~5
(ALP) GRANT TO ASSIST IN THE FUNDING OF ASPEN/PITKIN COUNTY
AIRPORT CAPITAL IMPROVEMENTS (PROJECT NUMBER 3-08-0003-30)
MOTION TO APPROVE - STAFF PERSON: REX TIPPETS~ ASSISTANT
AIRPORT DIRECTOR
FIRST READING - ORDINANCE APPROVING ACQUISITION OF THF
MILVENAN PROPERTY - MOTION TO APPROVE AND SET FOR SECONF)
READING ON AUGUST 11~ 2004 - STAFF PERSON: DALE WILL, OPE~!
SPACE AND TRAILS DIRECTOR
Commissioner Hatfield moved approval of the Consent Public Hearings
First Readings Portion of the Agenda. Commissioner Roy seconded the
motion. Motion passed with four yea votes. Commissioner Clapper was
not present.
CONSENT PUBLIC HEARINGS - SECOND READINGS:
SECOND READING - ORDINANCE AMENDING THE NORTH STAR NATURF
PRESERVE RESOURCE MANAGEMENT PLAN (RE: COMMERCIAl
BOARD OF COUNTY COMMISSIONERS 2
REGULAR MEETING JULY 28, 2004
PARAGLIDING) - MOTION TO APPROVE - STAFF PERSON: BARR
D'AUTRECHY
SECOND READING - RESOLUTION APPROVING PRE-DISASTER
MITIGATION PLANNING GRANT BETWEEN COLORADO OFFICE OF
EMERGENCY MANAGEMENT AND PITKIN COUNTY - MOTION TO
APPROVE - STAFF PERSON: ELLEN ANDERSON~ EMERGENCY
MANAGEMENT COORDINATOR
CONFIRMATORY READING ON EMERGENCY ORDINANCE GRANTING AN
UNDERGROUND RIGHT OF WAY EASEMENT TO HOLY CROSS ENERGY~
AND APPROVING A REROUTING OF THE EXISTING UNDERGROUNrl
FACILITIES FOR THE PURPOSE OF CONSTRUCTING A NEW PERIMETER
ROAD AROUND THE SOUTH END OF THE RUNWAY FOR ASPEN/PITKIN
COUNTY AIRPORT (FAA PROJECT ALP-27) - MOTION TO APPROVE
STAFF PERSON: REX TIPPETTS~ ASSISTANT AVIATION DIRECTOR
SECOND READING - ORDINANCE AUTHORIZING PROCEEDINGS IN
EMINENT DOMAIN TO ACQUIRE PROPERTY FOR THE ASPEN/PITKIN
COUNTY AIRPORT - MOTION TO APPROVE - STAFF PERSON: CHRIS
SELDIN, ASSISTANT COUNTY ATTORNEY
Commissioner Farris opened the public hearings on these above matters.
Commissioner Roy moved approval of the Consent Public Hearings portion of
the agenda. Commissioner Roy seconded the motion. Motion passed with four
yea votes. Commissioner Clapper was not present.
Commissioner Farris closed the Consent Public Hearings portion of the agenda.
LAND USE CONSENT ACTIONS:
SECOND READING - RESOLUTION GRANTING THE NELSON 104'1
HAZARD REVlEW~ EASEMENT VACATION AND MINOR PLAT AMENDMENT
APPROVAL FOR LOTS 4 AND 5 OF THE MAROON CREEK RANCH
SUBDIVISION - MOTION TO APPROVE - STAFF PLANNER: EZRA
LOUTHIS
Commissioner Hatfleld moved approval of the Nelson application.
Commissioenr Roy seconded the motion. Motion passed with four yea
votes. Commissioner Clapper was not present.
LAND USE PUBLIC HEARINGS:
FIRST READING - RESOLUTION APPROVING THE LIGHT MAJOR PLAT
AMENDMENT TO ALLOW A DETACHED CARETAKER DWELLING UNIT
BOARD OF COUNTY COMMISSiONERS 3
REGULAR MEETING JULY 28, 2004
WITHIN AN ACCESSORY/AGRICULTURAL BUILDING ON TRACT D~
MCCABE RANCH SUBDIVISION - MOTION TO APPROVE - STAFF
PLANNER: SUZANNE WOLFF
Ezra Louthis gave a presentation on this item as summarized in his
memorandum contained in the BOCC packet for this meeting.
Larry Yaw, representing James and Diane Light, said his clients would like to add
a 700 square foot caretaker unit and a small accessory workshop/greenhouse
space. He proceeded with his comments associated with the history and the
purpose of their application as addressed in his letters dated February 6 and
Mamh 11, 2004, contained in the BOCC packet for this meeting.
Commissioner Haffield asked Ezra Louthis what the vote was at the P&Z level.
Ezra responded that it was passed by a majority vote of two members with one
member abstaining due to a potential conflict.
Commissioner Haffield stated that his thinks it is poor policy to have two Planning
and Zoning Commission members vote on any kind of an application. He
questioned that during the discussion associated with approving the barn
envelope if it was ever disclosed that there would be a CDU associated with it?
Ezra responded that it is his recollection that there was no discussion as to there
being a CDU in the barn/accessory structure.
Larry Yaw said their primary objective was to relocate the CDU such that the
neighboring visual impact would be alleviated.
Commissioner Hatfield stated that he thinks its poor policy to be dealing,
incrementally, with a development issue, which is that this is an application that is
asking for a change, in the original approvals, for a subdivision. And according to
his research, the commissioners, at that time, stated very clearly in the resolution
that there should be attached buildings. He said he wonders what kind of
precedent this will be in the neighborhood and what it would do to the character
and the community of that section of the valley.
Mr. Yaw stated that when they initially submitted the application for the change,
they had contemplated a stable that could be converted to a CDU. The Lights, in
the meantime, have come to the conclusion that they would like a CDU.
Additionally, he said it is their belief that they can't really attach the unit to the
principal structure because of the constraints of the site and that the least
impactive way, consistent with the visual objectives of the McCabe Ranch, was
to combine them. He said he does not think they would be setting a precedent
because the process of law requires that these applications be reviewed on an
individual basis.
BOARD OF COUNTY COMMISSIONERS 4
REGULAR MEETING JULY 28, 2004 /"
John McBride gave a history of the process of the application. He said the bulk
of that discussion, during that time, and the concern they had were the lights and
the traffic of houses being built on the ridge overlooking the ranch. He said the
conclusion of the previous Board of County Commissioners, in 1994, was to deal
with this issue by requiring that one that the houses, where people live, have to
be set back at least 200 feet from the property line, which would not make them
so visible from down below, and two, that if there was going to be a CDE that it
would have to be attached to the house. He referred to an agreement dated May
20, 2003 that he and Jim Light entered into, which states that the barn envelope
would be moved approximately 50 feet northwest. Also, that the ridge of the
west roof would be no more than 14 feet above grade with the west edge of the
roof no more than nine feet and that the roof color would be dark. A copy of this
agreement is included in the packet material associated with this application
contained in the BOCC packet. He said he has no problem with the design and
where the envelope and structures are being moved but he does have a problem
with the idea of moving the CDU into the barn envelope because that would set a
precedent for everybody to do that. A copy of Mr. McBride's comments
associated with this issue is contained in the BOCC packet for this meeting.
Jim Light stated said there has been a misunderstanding between him and John
because of a miscommunication about the CDU. He explained that the caretaker
unit would be further away from him if it were to be attached to the barn.
Mr. McBride said the issue wasn't what was proposed to be built on the west side
of him, but rather, the issue is it being a separate building that would be setting
the precedent.
Chairperson Farris said the issues that have come before the Board is that the
35 acre McCabe Subdivision is an agricultural subdivision and yet we are being
asked now, to approve separate housing units. She thinks it's the rural character
and she thinks it is the fact that there are fewer disturbances of the land and the
environment if these units are connected. And she said when you have units of
density there are more impacts and she thinks this is the reason for the
restrictions in the original approval.
Commissioner Ireland said what she is looking at is the most community good.
And what she has heard articulated is that the resiting of the barn, away from the
house, actually accomplishes a community good in that it is not as visible to Mr.
McBride or to any of the other adjacent owners. She also believes that it is a
community good when we are able to accomplish caretaker dwelling units
because it gives an opportunity for people to live in a rural setting in an affordable
manner. She said she thinks what staff has offered us, is probably the
compromise between the community goods.
BOARD OF COUNTY COMMISSiONERS 5
REGULAR MEETING JULY 28, 2004
John McBride encouraged the Board, if they were to approve this application to
keep the setbacks at 200 feet so the structures would not be visible from the lip
of the mountain.
Chairperson Farris reiterated her concern with respect to additional impacts
associated with a detached caretaker dwelling unit.
Commissioner Hatfield said he is also concerned about additional impacts. He
said when he looks at the previous approvals, for the McCabe Subdivision, the
idea was to have the least amount of disturbance from the AG lands. He said
there will be more guests and more services that will create more traffic trips. He
explained that the intent of the original approval was about concentration of the
impacts and he thinks that is why all residences were attached.
Commissioner Roy commented that she thinks the impacts will be consistent with
the unit whether they are in the same building or a few feet apart.
Commissioner Ireland moved to approve the Resolution at first reading, as
written, with direction to staff to craft an amendment to the Resolution that
any accessory building in the McCabe Subdivision, which houses a
caretaker unit, would have to meet the criteria of setback, height
considerations, scenic landscaping and be located 200 feet from the
property line. Commissioner Harper seconded the motion. Motion passed
with three yea votes and one abstention from Commissioner Hatfleld with a
comment that he wants to allow the opportunity, for staff, to bring the
resolution back, as amended, then he will make a decision. Commissioner
Clapper was not present.
RESOLUTION APPROVING THE SCENIC OVERLAY REVIEW FOR THF
AIRPORT RESCUE AND FIRE FIGHTING/SNOW REMOVAL EQUIPMENT
(ARFF/SRE) FACILITY - MOTION TO APPROVE - STAFF PLANNER:
SUZANNE WOLFF
Suzanne Wolff gave a presentation on this item as summarized in her
memorandum contained in the BOCC packet for this meeting.
Tim Malloy, Consulting Planner for the applicant, gave a presentation on this
matter as provided in their application contained in the BOCC packet for this
meeting.
Chairperson Farris opened the hearing to public comment. There being no
comment, she closed the public hearing and entertained a motion from the
Board.
BOARD OF COUNTY COMMISSIONERS 6
REGULAR MEETING JULY 28, 2004
Commissioner Ireland moved approval of the Resolution. Commissioner
Roy seconded the motion. Motion passed with four yea votes.
Commissioner Clapper was not present.
FIRST READING - RESOLUTION APPROVING THE TOBEY MAJOR PLAT
AMENDMENT TO ALLOW A DETACHED CARETAKER DWELLING UNIT
WITHIN AN ACCESSORY/AGRICULTURAL BUILDING ON TRACT C,
MCCABE RANCH SUBDIVISION - MOTION TO APPROVE AND SET FOR
SECOND READING ON AUGUST 11, 2004-STAFF 'PLANNER: EZRA
LOUTHIS
Ezra Louthis gave a presentation on this matter as summarized in his
memorandum contained in the BOCC packet for this meeting.
Commissioner Ireland moved approval of the Resolution as written, with
direction to staff to bring back an amended resolution with the staff
direction to create the same criteria, as the earlier McCabe Ranch matter
for second reading, addressing the 200 foot setback and the visual
impacts. Commissioner Roy seconded the motion.
Michael Thompson, representing the applicants stated that they have no
objection to this amendment.
Commissioner Farris opened the hearing to public comment. There being
no comment, she closed the public hearing and called the question.
Motion passed with three yea votes and one abstention by Commissioner
Hatfield. Commissioner Clapper was not present.
FIRST READING - RESOLUTION GRANTING THE BI=I-LOCK MAJOR PLAT
AMENDMENT FOR LOT 4~ STILLWATER RANCH SUBDIVISION - MOTIO:.'
TO APPROVE ON FIRST READING AND SET FOR SECOND READING ON
AUGUST 11~ 2004- STAFF PLANNER: EZRA LOUTHIR
Ezra Louthis gave a presentation on this item as summarized in his
memorandum to the Board contained in the BOCC packet for this meeting.
Sonny Vann, representing the applicant, gave a presentation on their application
as provided in his letters to county staff dated April 22, 1994 and March 15, 2004,
and as summarized in staff's memorandum.
Mr. Vann said with respect to the issue of FAR they are proposing to limit the
amount of exempt basement and allow a portion of it toward the overall house.
He said there would be no change in the gross square footage that is built (6,500
plus 4,000 for 10,500). The only difference is a portion of their exempt basement
would daylight, and in exchange for allowing them to do that they are proposing
to reduce the amount of 100 percent below grade basement from 4,000 square
BOARD OF COUNTY COMMISSIONERS 7
REGULAR MEETING JULY 28, 2004
feet to 1,900 square feet. He said they have the consent from the affected
property owners around them and they also propose to put some limitations on
the additional floor area. He explained that the floor area would go to 8,600
square feet for purposes of the building permit review, but 2,100 square feet of
that would be in the basement and just partially daylights around the edge. They
also volunteered to limit the amount of 100 percent below grade basement from
the 4,000 to the 1,900 so the total square footage is still 10,500 square feet. He
said that this proposal would reduce the visual impact of the structure itself, and
would result in a better site design.
Chairperson Farris expressed a concern that the P&Z is approving applications
based on a condition that there is adequate landscaping, and adequate
landscaping is never the natural environment; it never comes back as oak brush,
sage brush, aspen trees or whatever. Additionally, she commented that there
was an agreement, between the Board and the applicants that a ten year vesting
would be granted upon the condition that the building would not be bigger than
6,500 square feet, and she thinks the guarantee associated with the vesting
should go both ways.
Commissioner Haffield asked the applicants to explain the design issues
associated with the current site.
Sonny Vann explained that if they build any basement, at all, then this project
daylights the basement because of the slope, and as a result, the above grade
space comes down in size so it would result in a smaller first and second story
than the house immediately next to it. He said maybe they should have thought
about that when they did this, but they were trying to rescue what they thought
was a very good application, which exceeded all the criteria in the code.
Stan Mathis, architect for the project, proceeded to review the proposed site
plans reflecting their need to redesign the house to fit the site as described in
their application.
Commissioner Ireland suggested that the board might consider the possibility of
this subdivision being allowed to purchase TDR's to exceed the 6,500 FAR.
Sonny Vann addressed the cash in lieu payment by commenting that the original
application included an on-site deed restricted category unit, which the Benedicts
wanted to see built there. And Mr. Bellock would have done that as well, except
the county amended its code to prohibit rental units. He said Lot 2 was allowed
to build a unit, apparently in error, and it sits there today with no restriction on the
price for which it can be rented. He said Lot 3 was about to be issued a building
permit when the issue came up and they were told they would have to pay a
cash in lieu payment in effect at the time when it was originally approved, in
1994, indexed to the day based on CIP and that is what was required for Lot 2.
Based on that his client contracted to buy the lot and do the same thing. And
BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JULY 28, 2004
when they questioned the planning office regarding that they said yes, that's how
we dealt with it on Lot 3 and they said they would deal with it the same way for
Lot 4. He said Mr. Bellock proceeded to design his house accordingly, and was
willing to pay, at the time of building permit, whatever the payment was in 1994
and indexed to day, based on CPI. Subsequent to P&Z, it is his understanding
that the Planning Office initiated a code amendment to address this specific issue
and it was recommended for approval by the P&Z. He said they were not aware
of it until they were presented the memo for this meeting, which includes new
language, which says if a building permit becomes changed they would have to
meet whatever the requirement at building permit. And now, he said, they are
looking at having to pay a cash in lieu based on the cash in lieu figures today,
which is several hundred thousand dollars more than what it would be if it was
1994 and indexed at CPI until today. So the issue, for his client, is a fundamental
fairness issue in that he relied upon the indication that he was going to be treated
the same way as the adjacent lot was treated. So he designed a house
accordingly and has entered into a contract to buy the property.
Commissioner Ireland asked Ezra if he represented to somebody that they would
be treated in the same manner as Lot 3?
Ezra responded that he just presented them the information that that was how it
was treated.
Charles Bellock gave an overview of their new design proposal, which would be
a ranch house design with only 1800 square feet of second floor being visible
when you approach the house. He said he is appealing to the board's sense of
fairness that this house is less conspicuous that any other house that could be
designed on this site, less impact from any of the other view corridors, and it's
just a technicality that is causing this portion of the basement to be called FAR.
It was the consensus of commission members that due to the topographical
issues associated with this site that the applicant should be allowed a major plat
amendment as per their proposal. With respect to the relocation of the Nellie
Bird Ditch and the drainage for the pond it was agreed that the applicant could
work with staff to identify the amount of disturbance and mitigation for such
disturbance. With respect to the cash in lieu payment it was agreed that it should
be calculated as per today's standards.
Mr. Bellock reiterated that he doesn't understand why Lot 4 should have to pay
so much more than Lot 2 paid two months ago.
Commissioner Ireland moved to approve the recommendations of staff and
to include in the approvals, the approval of an increase in the maximum
allowable floor area, to work with staff to identify and mitigate the amount
of disturbance, and that the cash in lieu payment be calculated as per the
standards at the time of issuance of building permit. Commissioner
BOARD OF COUNTY COMMISSIONERS 9
REGULAR MEETING JULY 28, 2004
Hatfield seconded the motion. Motion passed with three yea votes and
one nay vote by Commissioner Farris. Commissioner Clapper was not
present.
RESOLUTION APPROVING THE OLIPHANT SPECIAL REVIEW FOR
BATHING FACILITIES WITHIN ACCESSORY STRUCTURES - MOTION TO
APPROVE - STAFF PLANNER: EZRA LOUTHI$
Ezra Louthis gave a presentation on this matter as summarized in his
memorandum contained in the BOCC packet for this meeting.
Tom Newland gave a brief summary of their application as provided in their
application contained in the BOCC packet for this meeting.
Commissioner Roy moved approval of the application as conditioned.
Commissioner Hatfleld seconded the motion. Motion passed with three
yea votes and one nay vote by Commissioner Ireland with a comment that
he has a concern that the structures will someday be used for additional
family members. Commissioner Clapper was not present.
LAND USE ACTIONS:
RESOLUTION APPROVING THE CHASE MINOR PLAT AMENDMENT TO
MOVE THE BARN ENVELOPE TO THE WEST AND NORTH AND CREATF
AN ADDITIONAL ACCESSORY ENVELOPE - MOTION TO APPROVE
STAFF PLANNER: EZRA LOUTHIR
Ezra Louthis gave a presentation on this item as summarized in his
memorandum contained in the BOCC packet for this meeting.
A representative from Design Workshop, representing the applicant, gave a brief
summary of their application contained in the BOCC packet for this meeting.
John McBride said there is an issue with the proposal due to the fact that they
have an erosion situation, on their property, caused by ditch irrigation water. He
said what he would like to see done is to take the ditch and move it back about
25 feet for 100 feet.
David Chase said their intention is to sprinkle the area rather than flooding it.
Mr. McBride said sprinkling the area would help.
A discussion ensued between commission members, Mr. McBride and the
applicants, at the board table, with respect to the proposal and Mr. McBride's
suggestion of moving the ditch.
BOARD OF COUNTY COMMISSIONERS 10
REGULAR MEETING JULY 28, 2004
Mr. Chase said they do not want to disturb the existing vegetation that separates
their property from the Tobey property nor do they want to engage in a large
activity of rebuilding the irrigation ditch and bringing in dirt and fill in order to
maintain the grading along that location.
Commissioner Ireland moved that the board agree to A, allow movement of
the ditch and B, allow the applicants to move the envelope 17 feet. Motion
died for a lack of a second.
Commissioner Ireland moved to approve the Chase minor Amendment to
Move the Barn Envelope to the West and North and Create an Additional
Accessory Envelope with the following amendment: No septic system,
plumbing, bathroom fixtures or future CDU shall be allowed in the barn
structure. Commissioner Roy seconded the motion. Motion passed with
four yea votes. Commissioner Clapper was not present.
ADJOURNMENT: The regular meeting was adjourned at 7:00 PM
BOARD OF COUNTY COMMISSIONERS 11
REGULAR MEETING JULY 28, 2004
Je
C
?ctfully su~
'k to the Boan
~ted,
County Commissioners
Dorothea Farris, Chairperson
Board of County Commissioners
g\bocc\minutes~2004\07282004
BOARD OF COUNTY COMMISSIONERS 12
REGULAR MEETING JULY 28, 2004