18 October 2016|
The below is quoted from the BOCC website. They reserve the right to modify these minutes until they are approved. http://bcc2.elpasoco.com/bocc/agendas/2016AgendaResults/16-10-18.pdf
9. A request to have the Board of County Commissioners authorize the County Attorney to pursue litigation in order to bring the property at 18375 Spruce Road into compliance with Table 5-1 Principal Uses, which identifies that operation of a rehabilitation facility is not an allowed use in the RR-0.5 (Residential Rural)zone district. The property is located in Forest View Acres subdivision, west of the Town of Monument. (Parcel No. 71170-03-016). (Steven Klaffky - Assistant County Attorney/Mark Gebhart - Deputy Director, Planning and Community Development)
BOCC ACTION: GLENN MOVED/LITTLETON SECONDED TO ADOPT THE RECOMMENDATION TO PURSUE LITIGATION AT 18375 SPRUCE ROAD WITH THE ADOPTION OF THE PROPOSED STIPULATION AND THE MODIFICATION AS REFERENCED BY THE COUNTY ATTORNEY AS FOLLOWS: THE APPLICANT WILL ADMIT, AND HAS ADMITTED, TO THE VIOLATION AS A REHABILITATION FACILITY IN A RESIDENTIAL AREA AND WILL CURTAIL ANY REHABILITATION FACILITY USES IMMEDIATELY. IN EXCHANGE FOR THE STIPULATION, STAFF WOULD RECOMMEND TO THE BOARD:
1) RECOMMEND AN ABBREVIATED HEARING TO PRESENT THE STIPULATION. STAFF WOULD FURTHER RECOMMEND THAT NEIGHBORHOOD TESTIMONY BE LIMITED TO THE TOPIC OF THE STIPULATION.
2) APPROVE AUTHORIZATION TO ENFORCE, BUT STAY UNTIL NOVEMBER 3, 2016, FOR THE FOLLOWING:
a) ALLOW UNTIL NOVEMBER 3, 2016 TO FILE A VARIANCE APPLICATION AND HAVE IT DEEMED COMPLETE BY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT (PCD). WITHIN THIS TIME, APPLICANT WILL SUBMIT A COMPREHENSIVE LIST OF CURRENT ACTIVITIES/USES AT THE SUBJECT PROPERTY, AND STAFF WILL WORK WITH APPLICANT TO INDENTIFY THOSE USES THAT ARE REHABILITATION FACILITY-TYPE USES THAT ARE NOT ALLOWED IN THE RESIDENTIAL ZONING DISTRICT AND THAT APPLICANT AGREES TO REMOVE THOSE USES WITHIN 24 HOURS.
b) APPLICANT AGREES THAT IT WILL ALLOW HIPPA COMPLIANT INSPECTIONS OF THE SUBJECT PROPERTY BY THE COUNTY WITHOUT NOTICE TO CONFIRM THE CURRENT USE IS NOT A REHABILITATION FACILITY.
c) APPLICANT AGREES TO LIMIT PARKING TO 3 VEHICLES IN THE GARAGE AND 4 VEHICLES IN THE DRIVEWAY.
d) THE COUNTY WILL PROVIDE COPIES OF PUBLIC RECORD-TYPE DOCUMENTS TO THE RED ROCK RANCH, FOREST VIEW ACRES & CLOVENHOOF HOA, INCLUDING RESULTS OF INSPECTIONS, TO KEEP THE HOA APPRISED OF APPLICANT’S COMPLIANCE WITH THE TERMS OF THIS STIPULATION.
3) IF AN APPLICATION FOR A VARIANCE IS RECEIVED BY PCD AND SAID APPLICATION IS DEEMED COMPLETE, AS DETERMINED BY PCD, BY THE NOVEMBER 3 DEADLINE, THEN THERE SHALL BE A FURTHER STAY ON ENFORCEMENT PENDING THE FINAL BOARD DECISION OF THE VARIANCE PROVIDED THAT: - THE APPLICANT DILIGENTLY PURSUES, AS DETERMINED BY THE PCD DIRECTOR, THE VARIANCE APPLICATION REQUIREMENTS, INCLUDING NOT BRINGING ANY REHABILITATION FACILITY ACTIVITIES BACK TO THE PROPERTY DURING THAT TIME. - IF THE VARIANCE IS APPROVED, THE COUNTY WOULD NOT ENFORCE, BUT IF DENIED, THEN COUNTY WOULD IMMEDIATELY ENFORCE AS MAY BE APPROPRIATE.
MOTION CARRIED (5-0).
17 October 2016|
The following was sent via email to all registered residents. IF you did not receive this via email please let me know your email at info @ rrrhoa.org.
Greetings RRRHOA Resident,
As the board continues to track and take action on the activities in the association on Spruce Road that the board considers to be in violation of the association covenants, we have been advised by the county that an agenda item has been placed on the next Board of County Commissioners meeting. This agenda item is referring to a request by the county to have the commissioners consider having the County Attorney pursue litigation against the property owners regarding their reported activities.
The meeting is scheduled for Tues 10/18. The agenda states that although the meeting starts at 9am, this agenda item will not be considered until after 2pm. The meeting is to be held at Centennial Hall Auditorium, 200 S. Cascade Avenue, Colorado Springs, Colorado.
Several board members will be in attendance, but our attorney has advised us that having residents in attendance possibly offering comments can help our position.
Please double check the El Paso County website at the link below for more or updated information as details may change.
Treasurer RRRHOA on behalf of the board