THE LAND USE LANTERN
NEWSLETTER OF THE LAND USE COALITION
"To enhance the quality of life in Boulder County, and protect people's opportunity to own, use, and enjoy their property by promoting environmentally sound, fair and consistent land use decisions." -- Land Use Coalition Mission Statement
PRESIDENT’S COLUMN
HB02-1107- Proportionate
Takings Bill
ELECTION OF
OFFICERS IN APRIL
EDITORIAL
The Conference on Open Space Management
POLITICS: THE LOCAL BUZZ
DUES & DONATIONS
RECENT LAND USE CASES UPDATE
LITIGATION?
LAND USE COALITION & THE 2002 LEGISLATIVE SESSION
TERM LIMITS UPHELD IN BOULDER COUNTY
UPDATES ON LUC PROJECTS
WHAT’S THAT HE SAID?
Winter/February 2002
Greetings landowners!
It has been six busy months since our last newsletter, and as usual, there
is a great deal of action to report on land use in Boulder County. If you
live here in Boulder County, you’ve already heard that Boulder County
voters voted to retain term limits for County elected officials, including
the Commissioners. This is considered a huge upset by long- term observers
of local politics.
The State legislature is now considering a bill (HB01- 1123) that would permit counties with populations of over 70,000 (this would include Boulder County) to vote on electing Commissioners from districts, instead of at large, as they do now. It would not be mandatory, so no County would be forced to change over to district voting, but the people would be allowed to initiate the effort to have the question put to a vote, a right now unavailable to voters in "statutory" counties such as Boulder.
Regarding the merger issue, we had a number of our members square off against the County’s Land Use Department, with varying degrees of success. We supported them as much as we could, attended hearings and testified if appropriate. We are still hopeful that we will find a "test" case that we could take to the Supreme Court, particularly on the issue of merged parcels. Read on later in this newsletter about Jonathan & Wendy Beggs, the most recent victims of the merger regulation. There are dozens more horror stories to come as people learn, too late, that their lots have been merged.
The Land Use Coalition actively participated in the Zucker Consulting group’s current survey of the Land Use Department. The hope is that their recommendations will result in some meaningful change at the Department level, even at the Commissioners level. The LUC was selected as one of four focus groups in the County invited to meet personally with Mr. Zucker. Nine members of the Land Use Coalition spent more than 3 hours describing the problems with the current system and making suggestions as to what can be done to alleviate the hardships to individual landowners who are trying to build a house on their land.
The political climate in Boulder County has undergone a "sea change" in the three years since we began this organization, and we offer virtually the only counterpoint to the current county leadership’s point of view. We want to thank all of you for your hard work, whether it is making phone calls to legislators, writing letters to the local papers, guest editorials, making financial contributions so we can continue our "REAL PEOPLE…REAL STORIES" series, and cheering us on.
Which raises this final thought: We would like to make a difference this year in our community, and towards that end, we have selected a few projects on which to focus our energies: Televising the Commissioners’ hearings, lobbying at the state capital for supportive laws for landowners, writing and distributing our stories, educating the public on land use issues, continuing to keep an eye on County government and more frequent contact with our members. But we need your help, and ask you to CALL US or WRITE TO US and offer your time and energy in this effort. You will enjoy it, believe me, and our community will be better off in every way.
Kevin Probst
President
HB02-1107- Proportionate Takings Bill
We’re keeping an eye on a second bill, HB02-1107, which is a proportionate takings bill, that would provide for compensation for landowners whose property is "inordinately burdened" by government regulations that doesn’t amount to a full takings. The Coalition’s legal subcommittee has submitted an amendment to this proposed bill through our legislative liaisons Jeff Pecka and Jerry Jump directly to the Bill’s sponsors. This amendment would prevent counties from merging lots that are contiguous and held in common ownership. We’ll keep you advised.
Nominations for new officers will be presented at the March meeting (March 6th, Fowler Real Estate Conference Room 5:30 pm): President, Vice President, Secretary and Treasurer. We meet monthly, the first Monday of each month, [with occasional exceptions for holidays, etc.,], and our meetings are usually lively and interesting. We invite you to come and participate! Indicate your interest, or nominate someone you think might do a good job. This is another way you can help the Coalition meet its goals and objectives, meet some interesting people, and do a service for your community – all at the same time.
The election of officers will occur at our April meeting, April 3rd. Same time, same place. Check our website before the meeting in case there are any changes.
"What we really need in this county is true
open debate where those who have opinions that don't follow the Boulder
think/speak can be heard reasonably and rationally. Then we need leaders
who are open to taking action to improve the situation rather than just doing
whatever it takes to get themselves re-elected or follow their own agenda to
make everyone fit their own ideas about how we should live".
-- Betty Gibbs
Commissioner Danish was heard to say at Rotary Club last week that the only solution to the transportation problems in Boulder County is to "stop growth", failing to acknowledge that ship has already sailed. Our current population (which will continue to grow despite all efforts to shut it down) is already burdened by ineffective, uneconomical and under-used public transportation. We will need new approaches if we hope to alleviate frustration with our long-neglected transportation system.
And, have you ever tried to turn a discussion about growth problems, sprawl and transportation into an exploration of real alternatives and solutions in Boulder? Try this for fun next time you’re making conversation with Boulder people: Offer another reason for the failure of our public transportation system: in order to work, successful public transportation depends on relatively high population density. And until we finally get that message, we’re going to continue to see hordes of empty HOPS, LEAPS & SKIPS driving around Boulder County. Offering only one simplistic solution – no growth -- will ensure our continued stagnation. At this point in our development, County leaders could face the fact that growth is inevitable despite the fact that they throw their bodies in front of every building permit application. We need to encourage more open debate, creative ideas and fresh solutions among our people. Instead, because they fear change, our leaders shut off dissent and freeze out points of view that do not fit into their "one size fits all" solution. The Coalition is about to do just that:
The Conference on Open Space Management,
This Spring we will co-sponsor a County-wide Conference on Management of Open Space either late this spring or early fall. It will be a one day interactive conference, open to the public, and its purpose will be to explore how to use our open space for the good of the whole community. Join us in our planning, and call the LUC hotline to get on board! 303-666-7903.
Everyone wants to know who’s going after Jana Mendez’ seat on the Boulder County Commission, since she’s been term-limited from running for another term. The word on the street is that the Commissioners will use their time-worn strategy of having Mendez step down early (maybe handing her a sinecure such as the Human Resources spot left vacant by Barbara Gigone?) and let the Democratic party hand pick a successor who will stick to the party line and will run as an incumbent in November. This has been a successful strategy for the Board since 1985. We’ll keep an eye on this story.
Many of you expressed confusion about our dues request, with good reason I found as I looked back on the last newsletter. I’ll repeat the message here, with hopefully a more clear and understandable description of our dues policy. A sustaining member pays annual dues of $25, due each January. We encourage a bigger donation if you can afford it, and this is a great time to send us your contribution. Our treasury has a little over $14,000, and we’ve been real stingy with our money this past year. We plan another "REAL PEOPLE…REAL STORIES" series. In addition, we start a legal defense fund for people like the Beggs. We may also publicize our issue positions in the local papers. As a result of our continuing efforts to keep land use matters in the forefront, and raise public awareness, we have been able to establish a real presence in Boulder County. We do count on your contributions to keep this operation going.
And many, many thanks to all of you who have already given generously to this effort!
(the local papers thoroughly covered these stories)JON & WENDY BEGGS
This Nederland couple bought their first home in 1991 – a cabin on a
mining claim. Three years later, the same people who sold them their house,
sold them 3.6 acre adjoining parcel, with a better building site. Their hope
was to someday build a new house on this new parcel.
The Beggs were unaware of a 1993 Boulder County Land Use regulation that automatically merges contiguous lots titled in the same name. No individual notice was given individual landowners of this new regulation.
A few years later, the Beggs sold their cabin, and began to begin their project. Boulder County then informed them that their lot was "unbuildable" and that he had violated the Land Use Code when he sold his cabin home with the land under it, calling it an "illegal subdivision". The Beggs appealed the Land Use decision to the BOCC, hoping for a fair consideration of the equities of the case. Instead, the Commission affirmed the decision. Like many of us, the Beggs do not have the resources to file a lawsuit against the County, the attorney fees for which can easily reach six figures. Because he cannot stand up for himself, the Beggs will be stuck with a very expensive picnic spot, instead of their planned for home.
CHRIS VOORHEES
Chris moved into the a hundred year old, 800 sq ft miner’s cabin in
Jamestown in 1975. When it was built in 1896, it was movable from spot to
spot, as the miners needed. No one checked the ownership of the land
underneath the cabin, and it was later determined that it sat on four
different properties, owned by differently titled individuals.
Meanwhile, the County Health Dept. told Chris he needed a new septic system (by the way, there was nothing wrong with his septic – it was working just fine, thank you very much), and he didn’t have enough land for the leach field. Chris’ neighbors helped out their friend & neighbor by agreeing to convey – at no cost- a total of about ½ acre, enough land to satisfy the County’s requirements.
Voorhees applied to Land Use for a Subdivision Exemption and Boundary Line Adjustment.
The Department responded that it would not approve the application unless (1) Voorhees’ neighbors remove three unregistered vehicles and a deteriorating motor home, (2) that Chris and his neighbors be required to have all their eligible structures landmarked, although the county ordinances require that landmarking be a voluntary act of the landowner, (3) that Chris and his neighbors submit to deed restriction that would permanently limit building permits on the properties to only those permits necessary to rectify a hazardous health or safety situation…"
His attorney warns that this would not only prevent any additions or modifications to the existing home or outbuilding on all the lots involved, but would prevent rebuilding of any of the homes should they get destroyed.
Several Land Use Coalition members sat in the audience when the Commissioners considered the plan.
Our Board of Directors is considering a class action, or a test case, to challenge the County’s right to require exactions of this type. If we do, we will need more in the way of resources and support. Such litigation is expensive, difficult and lengthy. We have a lawyer’s subcommittee appointed to evaluate cases for possible litigation.
LAND USE COALITION & THE 2002 LEGISLATIVE SESSION
A couple of bills are of interest to us: One is a bill carried by Bill Swenson, Longmont representative. It permits the voters in a statutory county (like Boulder) to petition the BOCC to put on the ballot the right to elect Commissioners from Districts or wards. Proponents argue that election from districts will prevent the Commission from being dominated by the City of Boulder, as now, and provide a voice for minority interests on the Commission.
HB – 1123 has been endorsed by the Daily Camera, as a measure that would give thousands of Couonty residents who feel shut out of the system, disenfranchised, some representation on a board which has had precious little regard or consideration for those who dissent from the county’s policies on land use as well as other issues.
Call Representative Swenson, and give him your support for this innovative bill. His number at the Capital is 303-866-2920, or email him at
billswenson@qwest.net.TERM LIMITS UPHELD IN BOULDER COUNTY
In a surprise outcome in November’s off-year election, Boulder County voters defeated the Commissioners’ attempt to have themselves exempted from term limits. Instead of putting only the Coroner (popular pathologist John Meyer) on the ballot as requested by the Dept of Health and the DA’s office, the Commissioners persisted in putting all county offices on the ballot as one slate, without regard for the political nature of their offices. They were asked to separate the ballots for each office, but instead they rolled the dice. With no organized opposition, without the heavily conservative Broomfield voting bloc, with a strong history of anti term limits, and with money and organization on the proponents’ side, the voters of Boulder County nevertheless soundly made their dislike for the current elected officials known.
Most of us were stunned. But happy to know that the three sitting Commissioners will be gone in three years.
We hope that good candidates from all parties will run for Commissioner. We’re well on our way to a new era of representation in Boulder County.
Endorsed by both large County newspapers, the request from the Land Use Coalition, as well as other civic organizations, the Coalition’s proposal to have the Commissioners’ hearing televised on public access TV, both in Longmont and Boulder has not been enthusiastically endorsed by the Commissioners themselves. Making government more accessible to the people has been a long term goal of the Coalition, and we will continue to promote this project as long as nothing is being done to make this happen.
Many of us feel that more scrutiny into county government would not only make it more understandable to residents, but would show us how decisions are made by the Commissioners.
Our hope is that the County will follow up on this suggestion. If you are interested in working on this project, we could do the taping ourselves, edit it and Channel 54 might give us a venue to have it shown on TV. In fact, Jann Scott spent time down at the Commissioners hearings, taping and showing it on Channel 54.
Here’s a footnote from the past. I couldn’t resist putting this in the newsletter. I found this story (paraphrased below) in the Longmont Times Call:
The citizens’ initiative, Amendment 24 in the 2000 election, was led in spirit by nature photographer John Fielder. Fielder appeared recently at a conference on sustainable agriculture attended by small farmers and ag specialists. Fielder explained that the state voters soundly defeated the proposal because "it didn’t recognize the rights of farmers to control their own land."
Fielder told the audience that he realized "that you can’t deny the farmer or the rancher his right to make the most from his land." Fielder still believes in master plans, but emphasizes that the state must find funds to compensate farmers left outside urban boundaries.
Fielder proposes a ¼ cent statewide sales tax to buy open space and agricultural conservation easements…and as he observed, an open space tax and enforceable master plans would go along way to helping local communities control growth.
Many of our members would agree with Fielder’s new line.
The Land Use Coalition
P.O. BOX 20265 Boulder, CO 80308
303-666-7903
http://landusecoalition.org
contactus@landusecoalition.org
For more information contact the Land Use Coalition at contactus@landusecoalition.org or call 303-666-7903.
Last updated October 27, 2003.
URL: http://landusecoalition.org/feb02_newsletter.htm
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