City Council Minutes 1996 09 17 - Laserfiche WebLink

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Howard moved that Council approve Resolution No. 59, Series 1996, Final Subdivision Plat for the Boulder Valley School District as amended to eliminate language as suggested by staff Seconded by Levihn. All in favor. RESOLUTION NO. 60, SERIES 1996 - APPROVING A FINAL SUBDIVISION REPLA T FOR LOTS 72 & 73 COAL CREEK RANCH FILING #1 Paul Wood, Planning Director, stated that the applicant was requesting a minor subdivision replat to eliminate a common property line between Lots 72 and 73, combining them into one lot. The purpose of the replat related to a dispute between the property owner and the Coal Creek Homeowner's Association. The HOA was requiring the owners to pay association dues for both lots. The result of the replat would be primarily to avoid payment of higher HOA dues, as well as having one legal description, or one lot number for the parcel. A letter had been received from the Island at Coal Creek Homeowner's Association, Inc. opposing this replat. Planning Commission approved their Resolution No. 27, Series 1996, on September 10 without conditions. Davidson called for the applicant's presentation. Jeff Young, 1050 Walnut Street, Suite 401, Boulder, Colorado 80302, pointed out that both HOAs had always assessed the two lots as one for home ownership dues. The contractor had told them that because the house had been built on both lots the dues would just be for one lot. Davidson called for Council questions. Sisk felt that his issue should be before the HOA instead of City Council. Mayer felt that in the future these things could be handled administratively, rather than through the planning process. Howard did not understand the City's interest in this at all, since the house had been on two lots from inception. The home owners had never had to pay more than one lot dues to the HOA. Young explained that this had come up because the HOA had recently changed the Covenants, Conditions, and Restrictions in Coal Creek. The HOA approached the applicants and stated that they would now be assessed double dues. Lathrop felt this should be viewed on the merits of a Final Subdivision Replat and less on the rational. He did not feel the City should be involved in a homeowner's dispute with a HOA. Mayer moved that Council approve Resolution No. 60, Series 1996, Final Subdivision Replat for Coal Creek Ranch Filing #1. Seconded by Keany. Roll call was taken. Motion passed by a 4 - 3 vote with Davidson, Sisk, and Howard voting against. 4