City Council Minutes 2012 03 06 - Laserfiche WebLink

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City Council Meeting Minutes March 6, 2012 Page 7 of 12 Preservation." He noted there are not any views from this site, it is a prairie hillside. The property owners, Calla and Todd Lovrien, are considering filing a rezoning request to allow a second home on their 39,550 SF (.91 acres) parcel. The purpose of this discussion/direction request is to determine the City Council's willingness to modify, or vacate, the Conservation Easement related to a possible future rezoning request. The modification, or vacation, of the Conservation Easement is an administrative action by City Council and is separate from a quasi-judicial rezoning request. Staff is bringing this question to City Council prior to a rezoning request because the quasi-judicial rezoning procedure is an expensive and time consuming process for both the applicant and City staff. Several outcomes of the discussion will influence the applicant's future actions: • If the City Council is not willing to modify the current Conservation Easement, the properly owners will likely not proceed with filing a rezoning request. • If the City Council is willing to consider a modification or vacation of the Conservation Easement, the property owners will likely proceed with filing a joint quasi-judicial (rezoning) and administrative (conservation easement modification/vacation) request to which the specific facts of the case will be analyzed, presented, and discussed. • If City Council cannot provide direction regarding its willingness to modify the Conservation Easement without a better understanding to the specifics of a future rezoning request, the applicant will have to assess their risk, in terms of time and money, as to whether they will proceed, or not, with filing a joint quasi- judicial (rezoning) and administrative (conservation easement modification, vacation) request. The intent of the conservation easement is to maintain a rural, scenic, property with aesthetic values. The views of the property are limited to a prairie hillside without a dramatic backdrop of the Rocky Mountains. However, the view provides openness, which is definitely rural with scenic and aesthetic values. It is possible, albeit difficult, to envision a scenario to which an additional home on the property could meet the intent of the conservation easement Without additional information, available during a quasi-judicial hearing, staff could not recommend the City Council consider a modification to the Conservation Easement provided during a rezoning process. Staff requested City Council direction. APPLICANT PRESENTATION Todd and Calla Lovrien, 750 St. Andrews, Louisville, CO have lived on the property for nine years and did not think the property had a rural feel. They offered several letters of support from their neighbors. They were not sure they will build another house, but would like to have the option. Calla Lovrien stated things have changed economically since 2001 and their home is currently on the market. She read one of the letters supporting their request.