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HomeMy WebLinkAboutWater Board - Minutes - 03/07/2013AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 1 CITY OF FORT COLLINS WATER BOARD MEETING Excerpt regarding Variance Request at 215 Whedbee Street Thursday, March 7, 2013 5:30 p.m. Board Members in Attendance: Steve Malers, Chairman Brian Brown Liesel Hans Eric Garner Beck Goldbach Heidi Huber-Stearns Andy McKinley Jeff Schneider Ken Sampley Brett Bovee Jon Haukaas ALSO PRESENT: Carrie Daggett, City Attorney Owen L. Randall, City Engineer AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 2 1 MR. CHAIRMAN: This is normally our work 2 session meeting, and we switched what would be our 3 normal water board meeting to this date so we could 4 accommodate this variance and also have spring break 5 off, because we had a number of folks who were not going 6 to attend. 7 So this is a normal meeting. There are minutes 8 and all the normal protocols. The order is a little bit 9 different than normal because of timing. We don't have 10 the minutes from the last meeting ready yet. We'll deal 11 with that in April. Then, consistent with how we do 12 variances, we'll get that done at the beginning of the 13 meeting so that extra staff can clear out and don't need 14 to hang around. 15 So we have a quorum. Do we have somebody 16 keeping the normal minutes? 17 MR. HAUKAAS: We have the court reporter who is 18 going to take our minutes for us for the whole meeting. 19 MR. CHAIRMAN: For the whole meeting. All 20 right. 21 So public comment. I guess related to the 22 variance, people can make -- the public can make 23 statements during the variance process, and so they 24 don't need to make comments during the normal open-ended 25 public comment, correct? AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 3 1 MR. BROWN: Correct. 2 MR. CHAIRMAN: So is there anybody else from 3 the public here that wishes to make a statement? 4 Okay. So Item 3 is the Whedbee floodplain 5 variance. 6 Do you need us to do any more introductions? 7 THE REPORTER: I have everybody on the board 8 that is seated. If anyone in the audience speaks, if 9 they could please introduce themselves. 10 MR. CHAIRMAN: So if you have a statement, 11 please introduce yourself. Board members, maybe do that 12 also to make sure she has that straight. 13 So, Carrie, you are here. You can raise your 14 hand if you think we're going into any territory that we 15 shouldn't be. I'm going to just march down the 16 procedure. We can entertain a motion to go into 17 executive session. 18 Did you give that to everybody, Carrie? 19 MS. DAGGETT: Uh-huh. 20 MR. CHAIRMAN: That's on the handout on Page 2. 21 If anybody feels there are issues that you've seen that 22 you would like to go to executive session, you can make 23 that motion. I guess I would recommend to Carrie that 24 if we start going into that territory, please speak up, 25 and we can entertain that. Otherwise, we'll just start AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 4 1 going through here. 2 So we have our quorum. The second item is an 3 opportunity for board member disclosures and 4 descriptions of site visits, if any. So if anybody here 5 has some type of relationship with this agenda item or 6 the owners or any of the business, now is your 7 opportunity to disclose that. 8 Okay. Item 3 here, opportunity for board 9 member disclosures and descriptions of ex parte 10 communications, which means any communication you've had 11 outside of this meeting related to this item. Okay. 12 There's none. 13 Staff explanation of the nature of the variance 14 request or appeal and staff presentation. 15 MR. HAUKAAS: This is where I'm going to have 16 Ken Sampley, our storm water and floodplain program 17 manager, do a brief PowerPoint to introduce the topic -- 18 MR. SAMPLEY: Brief? 19 MR. HAUKAAS: -- what the reasonings are behind 20 it and the staff recommendation. 21 MR. SAMPLEY: Good evening. Is it okay if I 22 sit down? Is that okay? 23 We do have some representatives here tonight 24 from the applicant and owner. So maybe I'll just -- if 25 I can introduce Jeff Schneider, and maybe he'll want to AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 5 1 introduce the people here tonight. 2 MR. SCHNEIDER: Property owners, Chris Reid and 3 Rosemary Davenport. Then Bud Frick is behind them, who 4 is the architect for the project. 5 MR. SAMPLEY: Thank you. We'll have a time 6 during the presentation here. If the applicant or 7 owners want to make a comment or statement or 8 presentation, they can do that. 9 So kind of walk through this. Brian Varrella 10 from my office is the floodplain administrator for this 11 basin, and he's actually attending a national 12 conference, Association of State Floodplain Managers, in 13 Connecticut and on his way back. So I'm kind of taking 14 over for him tonight. 15 So kind of move into the presentation. Excuse 16 me. The variance request you have before you, the 17 applicant and owners of 215 Whedbee, are requesting the 18 water board allow a series of variances for the 19 construction of a new residential addition adjacent to 20 an existing residential basin. 21 As I indicated, it is within the city 22 regulatory 100-year flood risk -- or flood fringe in the 23 Old Town Basin. This is kind of a map just to orient 24 you to where the referenced property is located. You 25 can kind of see the light blue being the flood fringe, AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 6 1 and the floodway in the darker blue is on Whedbee 2 Street. You can see, to the north, upper right part of 3 the map, you'll see where it intersects with Riverside. 4 In terms of background, the existing home is an 5 historic ranch home which was constructed in 1888. It 6 has a small addition to the western face or backyard of 7 the structure. That has been referred to, I think, as 8 the lean-to. The existing home contains two subgrade 9 foundations, a crawl space and a cellar. The cellar 10 portion is below grade on all sides and, in some 11 locations, is more than four feet in depth from the top 12 of the foundation wall. So, technically by code, it 13 would be considered a basement based on that depth. The 14 existing home and addition, as I mentioned, are within 15 the 100-year flood fringe area. 16 Continuing with the background, the proposed 17 addition will add 531 square feet of new living space to 18 an 816-square-foot home. The addition is -- I've got 19 some maps I'll show you here a little bit later that 20 show kind of the location of that. It's along the 21 entire western wall of the residence and then wraps 22 around the home for a portion of the south wall. 23 The entire lean-to area was demolished to the 24 foundation as part of the construction that's been going 25 on, but since demolition did not remove more than AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 7 1 50 percent of the perimeter of the home, it is being 2 considered as a remodel and not a redevelopment of the 3 residence. 4 In terms of floodplain use permit, we did work 5 with the applicant in late 2012. Actually, the 6 applicant secured an approved floodplain use permit on 7 December 27, 2012. It was issued for a vented crawl 8 space in the addition. The plans were reviewed and 9 reproved for remodel, the lean-to and addition, and they 10 met the standards of Chapter 10. 11 The plan did include requirements regarding 12 some elevation, the base flood elevation and also the 13 regulatory flood protection elevation -- we'll talk a 14 little bit more about that in a minute -- and it did 15 include provisions for a sump pump at that time. 16 So the approved permit was in place. The 17 construction was initiated at the property. Staff had 18 recommended to the applicant that, prior to doing some 19 of the construction and covering up some of the floor 20 elevations, that they come out and do a site survey just 21 to verify the elevations which were in the original 22 permit. So that was done in February of this year, to 23 come out and check those elevations. 24 During that survey work that was done, it was 25 determined that the elevations previously prepared were AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 8 1 actually in error by 2 feet. So the actual elevations 2 of the property are, in fact, 2 feet lower than the 3 original elevations shown on the floodplain use permit 4 in the original construction drawings. 5 The net result of that was the original 6 proposal did have some HVAC, heating, venting and 7 air-conditioning ductwork, and also some electrical 8 work, which was below the finished grade. According to 9 the city code, you cannot have that below the regulatory 10 flood protection elevation. So it was right on the 11 line, as it was initially, the design. And when that 12 2-feet error came in, that put everything below those 13 elevations. 14 The applicant-owners contacted staff 15 immediately to notify us about that situation. We did 16 determine that continuing with the construction would 17 not meet the requirements of Chapter 10. We understand 18 that the owners and applicant have been placed at a 19 disadvantage because they currently are out there, 20 started construction. Now they had an original 21 floodplain use permit which was no longer valid. 22 I'm not going to step through each of these 23 elevations. Here are the elevations for the -- let me 24 see if I -- for the property. 25 You can see that the regulatory flood AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 9 1 protection -- well, let me start with the base flood 2 elevation. That's essentially the elevation for the 3 100-year flood fringe at this property. You can see 4 what that is. 5 The regulatory flood protection elevation is 6 kind of the freeboard requirement that we add onto the 7 flooding elevation. So in this basin, it's 6 inches 8 currently. So other basins have -- some have a foot and 9 some have 2 feet for the Poudre River. So it's 6 10 inches. 11 So when you add that to the base flood 12 elevation, you can see the elevation of 4,971.1. Then 13 on the third line, you'll see that the finished floor is 14 just right at that elevation, essentially. So any of 15 the work that would have been done below that would be 16 below the regulatory food protection elevation. 17 In terms of alternative compliance, we did work 18 with the -- met with the applicant and owner and looked 19 at what possibilities there are for obtaining 20 compliance. We have two alternates, which are included 21 in the packets you have, the first alternative being to 22 do floodproofing measures to protect the new addition, 23 and an electric line, which I'll talk about more in a 24 minute. 25 Alternative 2, which is available, is to AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 10 1 abandon the crawl space and construct a concrete slab on 2 grade. So they would actually be coming out and filling 3 in that area that they had and then placing a slab on 4 top of that. What that would do would be, then you 5 could bury the electric line, but you could not put 6 ductwork or anything in that option. 7 So Alternative 1 is preferred by the applicant. 8 It incorporates aspects of the original design. As I 9 mentioned, the intent would be to floodproof the walls 10 and so forth of the new addition. There's an existing 11 window in the existing crawl space area which they plan 12 on closing off and sealing. 13 They actually desire to keep the HVAC below 14 grade but, because of the challenges and issues 15 associated with that, they have proposed to relocate the 16 heating, venting, air-conditioning ductwork from beneath 17 that floor to up in the attic and serve the new addition 18 from that. 19 Also, the flood vents, because they had already 20 constructed cutouts for those flood vents in the 21 foundation, those would be blocked and sealed. So 22 there's not a proposal now to include a sump pump. 23 Staff is requiring that part of the submittal 24 would include a floodproofing certificate FEMA provides. 25 They would have to have that certified. There's a copy AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 11 1 of that included in your packet. 2 MR. CHAIRMAN: Ken, can you explain flood 3 vents? People may not be familiar with that. 4 MR. SAMPLEY: A flood vent is kind of -- the 5 intent would be to allow water -- it kind of goes both 6 ways. Water can enter a crawl space area and then can 7 flow back out. So the vents can work so it can release 8 the floodwater in, if water does get into the vent, so 9 you don't have a buildup, so you don't have pressure on 10 the walls and stuff like that. 11 Option 2 -- Alternative 2, which is 12 constructing concrete slab on raised grade, it would be 13 to fill the area that they have previously excavated in 14 order to build the foundation. The electric line could 15 be placed in a conduit, as I mentioned before. 16 There's an island which is in the addition, 17 which I'll show you on the map, and it would serve that 18 island. What this option does is remove potential 19 flooding of the subgrade crawl space. Actually, this 20 is -- so no variance would be needed in this 21 alternative. 22 So there are six items that are being requested 23 as part of a variance packet, the first item being -- 24 regarding residential additions in the flood fringe. 25 The way code currently reads is that an addition to the AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 12 1 residential structure is allowed provided that all 2 applicable requirements, including but not limited to 3 those of Section 10-37, are met. So the applicant is 4 wishing to construct -- to vary this requirement, 5 construct the new residential addition with a crawl 6 space below the RFPE. 7 The second variance request regards a 8 requirement to elevate and/or vent. Currently in code, 9 any flood hazard area, the electrical and the lowest 10 floor level must be elevated to or above the regulatory 11 flood protection elevation -- I keep saying the RFPE -- 12 except to the extent floodproofing is allowed or venting 13 is allowed. So the applicant in this instances wishes 14 to vary the elevation requirement and apply 15 floodproofing to the crawl space. 16 The third portion of the variance request 17 regards eligibility. Currently, code does not allow for 18 floodproofing of residential structures; so the 19 applicant is wishing to vary that requirement to allow 20 them to apply floodproofing to residential construction. 21 The fourth request is with regards to standards 22 for crawl spaces. I didn't list them all out here. 23 Well, I guess I did in the gold there. Currently, the 24 interior grade elevation below the base flood elevation 25 must be no lower than 2 feet. As I indicated before, AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 13 1 that depth is actually 4 feet; so they request to vary 2 that requirement. 3 The crawl space must have an adequate drainage 4 system, and that includes an immersible pump. Since 5 they're going to be doing the floodproofing, we're 6 saying that the pump would not be required in that 7 instance. 8 All electrical included within or as part of 9 the structure must be elevated to the RFPE. As I'll 10 show you, it's essentially within about an inch of the 11 RFPE. So they're requesting to vary that requirement. 12 With regard to venting, Section 10-39 indicates 13 any structure or portion of the structure eligible to 14 substitute venting shall meet venting requirements. The 15 applicant is wishing to vary this to not vent the 16 foundation and, instead, do the floodproofing and apply 17 the floodproofing techniques. As part of this, we're 18 requiring that they provide a floodproofing certificate. 19 The sixth and final kind of variance request is 20 for determination of RFPE. The applicant wishes to vary 21 the requirement to terminate the floodproofing slightly 22 below that RFPE elevation, which I indicated is about an 23 inch. 24 This is kind of a map showing the addition. 25 This is the -- this is kind of the existing -- this is AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 14 1 the existing house, and then this is the lean-to kind of 2 area. Foundation on this, foundation on this side. 3 This is the new addition. This is kind of my arrows now 4 going west; so this is the west. This is the west face 5 of the house. So it starts there and goes around to the 6 south. That's kind of the foundation plan. It's 7 concrete foundation that's being constructed. 8 In terms of a detail, these maps are included 9 in your packet if you want to refer to those. This is 10 just kind of the foundation wall showing the 11 floodproofing materials that would be applied to the 12 foundation. There are cut sheets for those products 13 that are included in your packet as well. 14 MR. GARNER: Ken, you just said that -- this is 15 Eric Garner. I'm sorry. 16 The foundation has been constructed? 17 MR. SAMPLEY: The foundation. 18 MR. GARNER: Did I hear that right? 19 MR. SAMPLEY: Uh-huh. 20 MR. GARNER: Fully? 21 MR. SAMPLEY: Uh-huh. 22 MR. GARNER: Thank you. 23 MR. SAMPLEY: On this drawing, once again, this 24 is the new area of addition onto the west and south of 25 the existing house. You can see in plan view that this AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 15 1 is where an island was going to be located in the new 2 addition. If you look in the elevation view, you can 3 see this island. What will happen is the electric 4 actually will come up and then down in the walls, and 5 then it would come beneath the new floor at this 6 elevation, which is approximately an inch or so below 7 the RFPE, in order to serve the elevation -- serve the 8 island. What that does is actually take the electric up 9 and over and down through so you don't have a path for 10 the water to go through. 11 With that, there are options for the variance. 12 Option 1 is to grant the variance request, but there are 13 conditions that staff is proposing for that. One would 14 be that the perimeter of the proposed addition be 15 floodproofed in accordance with construction and 16 documentation of standards at Section 10-38. 17 The second condition would be that the existing 18 window in the historic portion of the home below the 19 RFPE be abandoned and sealed. The third would be that 20 the heating, venting, air-conditioning ductwork be 21 relocated from the crawl space to the attic. The fourth 22 would be that the new electrical line be above the base 23 flood elevation but just slightly below the RFPE. The 24 fifth condition is that a FEMA floodproofing certificate 25 be required and submitted. AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 16 1 MR. BROWN: Ken, can you describe what that 2 means? 3 MR. SAMPLEY: Which one? 4 MR. BROWN: The FEMA floodproofing certificate. 5 MR. SAMPLEY: Yeah. What that is, and it is 6 included in your packet, it's a document stamped by a PE 7 which says if you floodproof the structure to a certain 8 elevation, then you meet the requirements of FEMA with 9 regard to floodproofing that structure. So it is 10 stamped and in your packet. 11 MR. BROWN: Along those lines, there's -- why 12 aren't we floodproofing residential structures? 13 MR. SAMPLEY: Why don't we? 14 MR. BROWN: Typically. 15 MR. SAMPLEY: Usually floodproofing is for a 16 nonresidential commercial kind of application. 17 MR. BROWN: But is there -- typically it's for 18 commercial. Is there a reason it's not for residential? 19 MR. SAMPLEY: We don't -- we're not really 20 desiring to have residential-type construction in a 21 floodplain. So, you know, it's kind of just another 22 discouragement from that standpoint. It's from that 23 perspective. 24 MR. BROWN: Okay. Thank you. 25 MR. SAMPLEY: Option 2, which would be to deny AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 17 1 the variance request on the basis that a viable 2 alternative exists, this would require the construction 3 of slab on grade if they wanted to pursue that. It 4 would not require a variance in that instance. 5 So the staff recommendation, based on the 6 information that's been provided and the desire of the 7 applicant to utilize existing construction, is to grant 8 the variance request. The applicant design team -- 9 taking into account the following reasons: The 10 applicant and design team have encountered an unintended 11 design error that results in a prior floodplain use 12 permit being in noncompliance. Item 2 would be that the 13 applicant is at a severe disadvantage. They have an 14 approved construction plan and are in the middle of 15 construction currently. Item 3 is that the applicant 16 and design team have worked closely together to identify 17 a viable option to mitigate the floodplain potential. 18 That -- and included in the memo, also, is a 19 suggested motion. At this instance, I don't know if the 20 applicant or owners have any comments or presentation 21 they would like to -- 22 MR. CHAIRMAN: Well, we have a process. So if 23 you're done, yeah, it's time for the applicant, if you 24 have any presentation or anything you would like to say. 25 MR. REID: Yes, if I may. My name is Chris AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 18 1 Reid. As you say -- 2 MR. CHAIRMAN: If you could come up and get on 3 the microphone, I think it's being recorded. 4 MR. REID: The house is historically 5 registered. It was built somewhere between 1888, as you 6 mentioned, but we've got different dates. Depends on 7 who you look at. As far as we are aware -- and we have 8 done quite some extensive research on this -- the 9 existing house has never ever been flooded, including in 10 the -- I think it was the 1897 flood. It wasn't flooded 11 then. There's no sign of any flooding in that basement, 12 and we've had -- in 1997, we had considerable water in 13 the area. The ground around the house is also very 14 permeable, and we have never had any flooding around 15 there. 16 I think, apart from that, I don't think I need 17 to say anything. I think the city has been very, very 18 helpful in trying to get us out of the problem we've 19 gotten ourselves into, not at the owner's fault, I have 20 to say. Thank you. 21 MR. CHAIRMAN: Okay. Next is an opportunity 22 for opposing parties to present, which I don't think 23 there is anybody on this, and then an opportunity for 24 rebuttal, which we don't need to do. 25 So now board questions for any of the AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 19 1 participants. Does anybody have additional questions? 2 Eric? 3 MR. GARNER: Thank you. Just another 4 clarification, Ken. I think you said they would have to 5 go back in and floodproof now the stem wall that is 6 constructed? 7 MR. SAMPLEY: That's correct. 8 MR. GARNER: Okay. 9 MR. SCHNEIDER: Part of the proposal is 10 actually pouring -- if you want to talk about that. 11 Where the old lean-to was, that foundation wall is only 12 about 18 to 20 inches tall. We're actually going to do 13 a one-sided form and floodproof the inside of that, take 14 out all the rest of the bottom of the subfloor. We're 15 minimizing or actually not allowing any passthrough 16 between the new structure and the existing structure. 17 Then as one point of clarification, I just want 18 to make sure you guys understand. The new structure 19 crawl space is only 2'7" tall, the stem wall, not the 20 floor that was indicated in the presentation. The 21 existing house has two different elevations. The one 22 crawl space cellar is approximately 6 feet deep, which 23 is about a third of the existing structure; and the 24 other structure varies between 16 inches and 36 inches 25 deep. AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 20 1 MR. SAMPLEY: That depth is probably based on 2 the elevation change, too. 3 MR. SCHNEIDER: Correct. 4 MR. BOVEE: Is there a tradeoff if you -- 5 THE REPORTER: I don't know who this is. 6 MR. CHAIRMAN: His name is Brett Bovee, 7 B-o-v-e-e. 8 MR. BOVEE: Is there a tradeoff, not venting a 9 crawl space? I mean, if you're going to floodproof and 10 seal it off, what's the -- I mean, normally you would 11 vent it. What's the tradeoff? 12 MR. SAMPLEY: If you actually floodproof it, 13 actually floodproof the structure, then you don't want 14 to have the venting. It prevents the water from 15 entering the structure. 16 MR. BOVEE: Why would you vent it in the first 17 place? 18 MR. SAMPLEY: Venting would be to allow water 19 to exit the structure. 20 MR. BOVEE: Okay. 21 MR. CHAIRMAN: So if there's a lot of water 22 coming through, it builds up pressure on the structure; 23 so you want to let the water -- 24 MR. SAMPLEY: There's a special kind of vent 25 that goes out only one direction. So it kind of AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 21 1 swings -- some of them swing back. He does have details 2 on them. Actually, it's preferable from our standpoint 3 not to have water in the structure. 4 MR. BOVEE: So the vent is really a drain. It 5 drains water out of the -- 6 MR. SAMPLEY: It's not to allow hydrostatic 7 pressure to build up on the foundation. 8 MR. BOVEE: Okay. Thanks. 9 MR. CHAIRMAN: So the purpose of the crawl 10 space in the original design was to get access for doing 11 the heating and ductwork and all of that kind of thing, 12 but otherwise there's not really a purpose for that 13 crawl space? 14 MR. SAMPLEY: No. 15 MR. CHAIRMAN: The electrical wire -- the 16 electric wire has been moved up, essentially as high as 17 it can be now? 18 MR. SAMPLEY: Uh-huh. 19 MR. SCHNEIDER: Bear in mind that there is 20 plumbing underneath there, but the plumbing does not 21 come into the purview of the floodplain regulations 22 under Chapter 10. There is other mechanical systems 23 under that space to allow the construction process to 24 happen. 25 MR. CHAIRMAN: Any other questions? AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 22 1 Okay. Closing statement by city staff? 2 Anything else to add? 3 MR. SAMPLEY: No. No. That's the extent of 4 our presentation. 5 MR. CHAIRMAN: You have another opportunity, if 6 you would like to say something. 7 MR. REID: Just very briefly, if I may. Can I 8 speak from here? 9 MR. CHAIRMAN: Sure. 10 MR. REID: The existing house is not -- it's 11 not going to be affected by this at all. So if the 12 existing house with its basement is flooded, my little 13 extension is going to be perfectly safe. But the 14 existing house, which is historic, is going to be 15 wrecked. There's a .... 16 MR. CHAIRMAN: As a comparison. 17 MR. REID: I don't understand that. 18 MR. CHAIRMAN: Okay. 19 MR. REID: Thank you. 20 MR. CHAIRMAN: All right. And then closing 21 statements by parties at interest, which we did not have 22 any. 23 So now the last item is if any member would 24 like to entertain a motion, we'll go through and do the 25 normal thing and get a motion and a second and have an AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 23 1 opportunity for discussion. 2 MR. BROWN: Okay. I'll make a motion. 3 MS. DAGGETT: Can I make one suggestion? 4 MR. BROWN: Yes, you may. 5 MS. DAGGETT: I did notice that the motion in 6 the staff report doesn't include the basic findings that 7 the board will want to make depending on -- and whether 8 the board is denying or approving the variance. 9 There are three basic findings that need to be 10 addressed. One is that the variance is the minimum 11 necessary concerning the flood hazard to afford relief; 12 one is that there's been a showing of good and 13 sufficient cause; the other is granting the variance 14 would not result in -- and this is laid out in some of 15 the materials I've given you. You may not want to write 16 it all down because you might be able to find it and not 17 write it all down. 18 Then if the board is -- if there's a motion to 19 deny, then you would want to consider which of those 20 findings is the issue in terms of why you would be 21 denying the variance. 22 So I just wanted to catch you before you made 23 your motion because I thought it might be easier for you 24 to work that in. 25 MR. BROWN: May I ask a question then on that? AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 24 1 You've got -- Section D, you've got Points 1, 2 and 3, 2 which is what you just discussed? 3 MS. DAGGETT: Yes. 4 MR. BROWN: In E -- which are all highlighted. 5 And then in E, there's the highlighted section 6 where we should be mindful. Is that just a note to 7 raise our attention? 8 MS. DAGGETT: Yeah. So, you know, I would say 9 that the key point is that there are those three sort of 10 necessary findings for the variance and that that would 11 be the considerations you would be looking at, whether 12 you're approving or denying it, as to what your reasons 13 would be. Those are spelled out in the variance 14 provision in the code. 15 MR. BROWN: Along those lines then, I think 16 it's worthwhile to talk about these three points. Maybe 17 we can just take them point by point here real quick. 18 So the first point is the variance is the 19 minimum necessary considering the flood hazard to afford 20 relief. 21 MR. CHAIRMAN: Ask the staff? 22 MR. BROWN: Well, is that -- in your opinion, 23 are the two options presented, the variance, are they 24 the minimum necessary? 25 MR. SAMPLEY: Yes. AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 25 1 MR. BROWN: I know I'm taking over here for a 2 second, but does anybody on the board see that 3 differently, that those two measures, two alternatives, 4 are the minimum necessary? 5 MR. CHAIRMAN: The basic question is, if you 6 filled in the crawl space, you wouldn't need the 7 variance. 8 MR. SAMPLEY: Correct. 9 MR. CHAIRMAN: So that's how they would get 10 through this. They don't want to do that. So then the 11 question is, okay, they're not going to fill in the 12 crawl space. What do they need to do to have the 13 minimum variance? You're saying they have done that? 14 MR. SAMPLEY: Would satisfy all those 15 requirements. 16 MR. CHAIRMAN: Okay. 17 MR. SAMPLEY: The six. 18 MS. DAGGETT: Can I make one recommendation, or 19 suggestion anyway, that you might want to think about? 20 That is, since there are two alternatives being 21 discussed and since one of them requires the variance 22 and the other doesn't, you might want to think about -- 23 I mean, to afford relief, what does that mean, and if 24 there's a reason that the applicant is seeking the 25 variance to have the crawl space as opposed to not AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 26 1 having the crawl space. That seems like that's the 2 distinction. 3 MR. BROWN: Yeah. I think that's what we're 4 getting at here, the Alternative 1 and 2 discussion. 5 And so for the staff, is there -- why would you 6 choose Alternative 1 over Alternative 2, Alternative 1 7 being the -- 8 MR. SAMPLEY: I would turn it back to the 9 applicant in terms of the rationale. You know, he 10 talked about some of the other utilities and so forth 11 that go underneath there. So I think he presented that. 12 MR. SCHNEIDER: If I may, to be honest with 13 you, when we first -- before we got the first -- the 14 approval for the permit in November and determined that 15 we would need some form of permit, floodplain use 16 permit, elevations were all shot. The existing -- all 17 the grade elevations are accurate or within a minor 18 change. It was the existing main floor of the house 19 which was off by the 2 feet. So when we built the 20 plans, that's what caused the inability, after we 21 discovered it, to not put the mechanical down. 22 The crawl space is in. Everything is 23 backfilled. We've got lumber in the front yard, windows 24 in the house. We're ready to go. 25 There's a financial consequence if we actually AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 27 1 fill it all in. The cost to floodproof and meet the 2 standards and the requirements that we both agreed to 3 has been a long process of back and forth, saying, yes, 4 no, yes, no, how do we do this. 5 That's a less -- that's a minimal financial 6 impact compared to actually backfilling, doing the 7 slab-on-grade construction plus the long-term potential 8 effects of the plumbing system being underneath there. 9 It's locked in the slab. So if there ever was any kind 10 of a plumbing break or issue with that, we would be 11 tearing up concrete. 12 It's not the desire of the client, originally 13 or at this time, to do slab on grade. Because that was 14 an option. But with this being a retirement accessible 15 area, the concrete is not as forgiving of a floor system 16 for longevity and universal designs. 17 MR. BROWN: Yes. Well -- sorry. 18 MR. CHAIRMAN: This is the architect. 19 MR. FRICK: I'm Bud Frick. Another reason -- 20 Ken, can you go back to the section showing the island 21 and things like that? There is an existing fir tree 22 that's on the site right in the construction of that 23 addition. 24 Yeah, there. If you look on the left side of 25 Section 1, you see how the floor is cantilevered over AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 28 1 the foundation. That is a result of trying to keep the 2 tree alive and be so far away from the center of the 3 tree for any foundation and cuts so that the tree could 4 survive. 5 The only way we could get the space in the 6 house and get the foundation in there was to cantilever 7 the floor. Slab on grade is going to be much, much, 8 more difficult to do that and insulate than doing this. 9 Of course, it was approved at one time for our floor 10 zoning. 11 MR. CHAIRMAN: Brian? 12 MR. BROWN: So I guess the struggle in this is 13 the variance, the minimum necessary. The problem is we 14 have an alternative that doesn't require a variance. We 15 obviously have -- the variance request is Alternative 1, 16 and that's what staff is recommending. 17 So I think for now maybe we punt on 1, keep the 18 conversation going, but we may have to come back to 19 that. I think, in my mind, we should come back to that. 20 Does that make sense? 21 MR. CHAIRMAN: Punt on the motion option or -- 22 MR. BROWN: No. We're just presenting 23 information right now on these three points. There's no 24 decision on 1 yet. But for me, the struggle is, is the 25 variance the minimum necessary. The potential is, we AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 29 1 have a solution that does not require a variance. 2 MR. GARNER: But I think it's a difficult way 3 to view it when there's, you know, a circumstance. So 4 that circumstance, I think, takes some precedence over 5 that minimum because now that minimum is moot, going to 6 that slab on grade relative to this first point. So I 7 think it's trying to acknowledge -- 8 THE CHAIRMAN: Yeah. We didn't come in prior 9 to construction. 10 MR. GARNER: It was an approved set of plans, 11 approved set of plans with flood issue that now has had 12 an inconvenient error that, in my way of thinking 13 anyway, is no longer a minimum necessary -- minimum 14 approach because it's actually demolishing construction 15 to gain the benefit of that minimum. 16 So I guess I'm not too in favor of punting at 17 this point -- at that point because -- 18 MR. BROWN: And I don't mean punt as -- I'm 19 just saying let's stew on that. Let's move down to 2 20 and come back to 1. 21 MR. GARNER: I'm ready to eat. That would be 22 my perspective on that point. 23 MR. BOVEE: The way I read 1 is, the variance 24 is the minimum necessary. It almost means to me it's 25 the minimum necessary variance. Now, not getting the AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 30 1 variance is a whole other thing. Are there other 2 variances? That's kind of how I read it, to afford 3 relief. That whole discussion is what variances are on 4 the table to afford relief. 5 MR. BROWN: I agree with you. As far as the 6 variance, Alternative 1 is probably the minimum. The 7 struggle in -- Carrie, correct me if I'm wrong, but 8 there's also a question, I think inherent in this, about 9 do -- are there -- is there an alternative to not 10 walking down the variance road? I mean, we're doing a 11 variance, but there's an alternative that doesn't 12 require one. 13 MS. DAGGETT: So I have one idea that might be 14 useful from a -- with the thought process kind of thing. 15 The second concept that -- the second finding 16 generally -- and the reason they're listed this way 17 typically is because that's the order they appear in the 18 code -- but is a finding that there's good and 19 sufficient cause for the variance. 20 So, you know, theoretically if you started with 21 that one logically and said, is there good and 22 sufficient cause for the variance and thought through 23 sort of what that -- what the thinking was as it relates 24 to that and thought about, you know, what the applicant 25 is trying to do and what the reasons the applicant AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 31 1 thinks the variances necessary are. Then, after 2 thinking through that, then took on, is this the minimum 3 necessary. Then I think that helps kind of frame, 4 minimum necessary for what. 5 So, I mean, just as a suggestion. It's not 6 like a magic bullet, but it might help you kind of talk 7 through it. 8 MR. BROWN: Are there any board members that 9 want to chime in on the good and sufficient cause? 10 MR. SCHNEIDER: Can I add a clarification? If 11 we do not -- if we go to Option 2 and do not require a 12 variance, we then have to raise the BFE above an 13 existing floor, because we're an inch, in order to 14 maintain the 6-inch freeboard, because part of the 15 variance request is to be an inch below that 6-inch. So 16 we're actually having to raise the floor above the 17 existing floor height. And depending on building codes, 18 then I would have to raise it even more to accommodate 19 that step between the new structure and the old 20 structure. A big part of this was universal design, 21 accessibility for future life changes, to be able to 22 maintain and stay within the home. 23 MR. BROWN: Thank you. Any other board members 24 that want to chime in on good and sufficient cause? 25 MR. GARNER: I do. I got confused then. So AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 32 1 now what I hear you say is that if we were to go slab on 2 grade that that would be an inch -- based on the needs 3 to meet flood, an inch above existing? 4 MR. SCHNEIDER: Correct. 5 UNIDENTIFIED SPEAKER: Which is why you're 6 confused? 7 MR. SCHNEIDER: Building code requires a 8 minimum 3-inch rise. 9 MR. GARNER: Okay. I understand. 10 MR. SCHNEIDER: So in order for the codes to 11 communicate, it's not just a 1-inch step. 12 MR. GARNER: Got you. You hadn't said that 13 part. I understand now. 14 MR. SCHNEIDER: To comply under the building 15 code. 16 MR. GARNER: Understood. Thank you. 17 MR. BROWN: So I thank you for your comment 18 about good and sufficient cause because that was helpful 19 for me. I think with that, on No. 1, I'm happy to eat 20 with Eric. So I do see that this variance request is 21 minimum necessary. 22 MR. CHAIRMAN: Okay. Is there any more 23 discussion related to that? 24 MS. HUBER-STEARNS: Well, I had a question. It 25 was on No. 3, and we haven't got to that part yet. AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 33 1 MR. CHAIRMAN: Go ahead. 2 MS. HUBER-STEARNS: I was just wondering, the 3 last part of it about it conflicting with existing local 4 laws or ordinances -- this is very new to me. This 5 might be a very obvious question. But right now code 6 does not allow for floodproofing, is that right, on a 7 residential structure? 8 MR. SAMPLEY: Yes. 9 MS. HUBER-STEARNS: So that part would 10 conflict? 11 MR. SAMPLEY: That's why we're requesting the 12 variance. The variance puts it back into compliance. 13 MS. HUBER-STEARNS: Has that occurred before 14 with a residence in Fort Collins? 15 MR. SAMPLEY: I believe -- it's been quite some 16 time. We've -- actually, a property on Whedbee, another 17 property on Whedbee, and on Magnolia as well. I do 18 not -- we had at the water board here a couple of months 19 ago a request for 912, I believe, Magnolia. The board 20 approved that request. That's the most recent one. 21 MS. HUBER-STEARNS: So these have come before 22 the board? 23 MR. SAMPLEY: Yes, a few. 24 MS. DAGGETT: Just to make sure everybody has 25 information, in talking about the variance findings, AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 34 1 they are the minimum necessary under 10-29(f); good and 2 sufficient cause under 10-29(g)(1); and not result in 3 any increased flood heights and a multitude of other 4 things under 10-29(g)(3) just so that people have that 5 for reference and it's on the record. 6 MR. CHAIRMAN: So you are suggesting that we 7 need to work those sections of the code into our motion 8 to say, if we do Option 1 -- 9 MS. DAGGETT: The board would find that those 10 things had been met. 11 MR. CHAIRMAN: Okay. And is it sufficient to 12 just add a sentence somewhere at the front to that 13 effect? 14 MS. DAGGETT: Uh-huh. 15 MR. CHAIRMAN: Okay. 16 MS. DAGGETT: Can I suggest that you also 17 mention the variances as described in the staff report 18 just to make sure, in the record, that it's clear what 19 the variances are that you're talking about? 20 MR. CHAIRMAN: Do you want us to read through 21 all that, or can we reference it on the screen and 22 get -- 23 MS. DAGGETT: I think you can just reference it 24 as being in the staff report. 25 MR. CHAIRMAN: Okay. All right. AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 35 1 MR. BROWN: We didn't discuss No. 2, any 2 showing of good and sufficient cause. Based on Eric's 3 interest in dining, is there any other conversation on 4 the board about whether this is showing good and -- that 5 it has not been adequate? 6 MR. BOVEE: I think it's a fairly -- 7 THE REPORTER: I'm sorry. I didn't hear you. 8 MR. BOVEE: It's a fairly -- I think No. 2, 9 which says there has been a showing of good and 10 sufficient cause, is my personal reason for actually 11 allowing the variance. Of the three, that's the 12 strongest reason. There is good and sufficient cause. 13 MR. BROWN: Does anybody on the board have a 14 problem with No. 3, that the granting of the variance 15 would not result -- I don't know if you want me to read 16 that. Does anybody have any issue or hard time on 17 No. 3? 18 MS. DAGGETT: Why don't you go ahead and read 19 it? 20 MR. BROWN: Number 3 being, the granting of the 21 variance would not result in any increased flood 22 heights, any additional threat to public safety or to 23 public or private property, any extraordinary public 24 expense, any nuisance or trespass, any fraud on or 25 victimization of the public or conflict with existing AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 36 1 local laws or ordinances. 2 I'm sorry. Is that a little fast? 3 THE REPORTER: I got it. 4 MR. CHAIRMAN: Well said. 5 MR. BROWN: Okay. I would like to make a 6 motion. 7 Given the variances described in the staff 8 report, the board feels that the variance is the minimum 9 necessary considering the flood hazard to afford relief; 10 two, there's also been a showing of good and sufficient 11 cause that this variance is necessary; and, three, the 12 granting of the variance would not result in any 13 increased flood heights, any additional threat to public 14 safety or to public or private property, any 15 extraordinary public expense, any nuisance or trespass, 16 any fraud on or victimization of the public or conflict 17 with existing local laws or ordinances. 18 Further, I move approval of the floodplain 19 variance request for 215 Whedbee Street to allow 20 construction of the new residential addition in the 21 100-year flood fringe of the Old Town Basin with the 22 following conditions: 23 One, the perimeter of the proposed addition 24 must be floodproofed in accordance with the construction 25 and documentation standards of Chapter 10, Section 38; AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 37 1 Two, the existing window in the historic 2 portion of the home that currently exists below the RFPE 3 must be abandoned and sealed permanently; 4 Three, the heating, ventilation and 5 air-conditioning ductwork must be relocated out of the 6 proposed crawl space to the proposed attic; 7 Four, the new electric lines shall be above the 8 BFE and only slightly below the RFPE and; 9 Five, a FEMA floodproofing certificate will be 10 submitted in place of an FEMA elevation certificate. 11 MR. CHAIRMAN: Question. Is it sufficient to 12 say slightly below RFPE? You had inch up there before. 13 MR. SAMPLEY: I believe that's -- 14 MS. DAGGETT: I think that if the board would 15 like, the staff might be able to provide a numerical 16 standard that you could include in the condition. 17 MR. CHAIRMAN: I'm asking if it's that 18 important. 19 MR. SAMPLEY: No. I don't know if there's 20 an -- it's approximately a tenth. That would be -- you 21 could state within a tenth of RFPE. 22 MR. CHAIRMAN: Okay. I'm not going to ask to 23 change it. 24 Do we have a second? 25 MR. GARNER: Second that. AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 38 1 MR. CHAIRMAN: Eric. 2 Any discussion? 3 Okay. None. 4 All in favor of the motion, say aye. 5 Any opposed? 6 Okay. 7 MR. SCHNEIDER: Thank you, guys. 8 MR. CHAIRMAN: Thank you. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 39 1 STATE OF COLORADO ) 2 ) ss. REPORTER'S CERTIFICATE 3 COUNTY OF LARIMER ) 4 I, Andrea Ballantyne, do hereby certify that I am a 5 Certified Shorthand Reporter and Notary Public within 6 the State of Colorado. 7 I further certify that this hearing was taken in 8 shorthand by me at the time and place herein set forth, 9 that it was reduced to typewritten form, and that the 10 foregoing constitutes a true and correct transcript. 11 In witness whereof, I have affixed my signature 12 this 18th day of March, 2013. 13 My commission expires May 20, 2013. 14 _____________________________________ 15 ANDREA BALLANTYNE 216 16th Street, Suite 600 16 Denver, Colorado 80202 17 18 19 20 21 22 23 24 25 AGREN BLANDO COURT REPORTING & VIDEO INC Denver (303) 296-0017 Boulder (303) 443-0433 Colorado Springs (719) 635-8328 Greeley (970) 356-3306 Court Reporting Videography Digital Reporting Transcription Scanning Copying 40 1 CITY OF FORT COLLINS WATER BOARD MEETING March 7, 2013 2 Minutes 3 4 Call to Order 5 Last Month's Minutes Not read -- to be read at April's meeting 6 Quorum of Members confirmed 7 Variance Proceeding for 215 Whedbee 8 Quorum confirmed Disclosures -- none 9 Staff Presentation by Ken Sampley via PowerPoint Owner/Applicant comments 10 Board Q & A Closing Arguments 11 City Attorney procedural suggestions Board Q & A 12 Motion made by Brian Brown Motion seconded by Eric Garner 13 Variance Approved 14 Donnie Dustin: Treated Water Summary Reports 15 Owen L. Randall: Utility Capital Project Updates West Vine Outfall Channel 16 Wastewater Collection System LaPorte Avenue Transmission Main Improvements 17 42-inch Sanitary Sewer Main and 12-inch Water Main Relocation at Mulberry Bridge 18 Cured-in-Place Pipe Water Main Rehabilitation Box Elder Creek Outfall Improvements 19 Cathodic Protection of Water Treatment and Transmission and Distribution System 20 Water Lines BRT Water and Sewer Relocates 21 Stream Rehabilitation and Enhancement Program Rigden Municipal Storage Pond 22 Pleasant Valley Pipeline Pre-sed Basin 23 Meeting adjourned by The Chairman at 7:14 p.m. 24 25