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Larimer commissioners reverse director, allow outdoor amplified music at Horsetooth Tavern with conditions

3299737 · April 15, 2025
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Summary

The board overturned a planning director determination and allowed outdoor amplified music at the Horsetooth Tavern after hearing owners and extensive public comment; the commissioners attached noise and monitoring conditions.

The Larimer County Board of County Commissioners on April 14 reversed a community development director decision and approved outdoor amplified music at the Horsetooth Tavern, a longstanding restaurant and bar near Horsetooth Reservoir, subject to conditions intended to limit noise and require monitoring.

Background and decision: Planning staff had concluded there was not sufficient evidence that outdoor amplified music at the restaurant constituted a continuous, legally nonconforming use dating to the county’s 1973 land‑use code. The property owners, Donovan and Dawn Isaacs, appealed the director’s December determination. After a lengthy public hearing with more than three dozen in‑person speakers, the commissioners voted to grant the appeal and permit outdoor amplified music on the patio with conditions.

Conditions and motion: The board approved the appeal on a motion by Commissioner John Kefalas. The conditions require that outdoor amplified music be limited to between 11 a.m. and 10 p.m., that any amplified sound comply with the county noise ordinance, that the owners purchase a professional sound meter calibrated annually and kept on‑site for self‑monitoring, and that any expansion of the stage or amplified‑music area must follow county land‑use review processes. The motion passed 3–0.

What was argued: The Isaacs told the board the tavern has hosted live music for decades and that the newly renovated venue depends on seasonal outdoor music to remain financially viable. "This place will not exist without live music," Donovan Isaacs said during his remarks, asking the board to consider the business’s financial sustainability. Planning staff, noting the county’s burden‑of‑proof standard for nonconforming uses, said the director’s earlier determination had found insufficient evidence that amplified outdoor music had continued without a lapse on the specific parcel at issue.

Public comment: Dozens of residents and musicians addressed the board. Many neighborhood residents and frequent patrons supported the Isaacs, describing the tavern as an important community gathering place and saying the owners had invested in sound mitigation. Public‑health staff said earlier sound measurements at the site showed the tavern could comply with daytime noise limits with additional mitigation; the county’s environmental health official, Leah Schneider, said the owners could reach the daytime 55‑decibel standard and that additional mitigation could help meet the evening 50‑decibel limit.

Next steps: County staff said the owners must demonstrate compliance with the conditions and that code compliance and health staff would respond to complaints. Commissioners and health staff noted that the county’s noise ordinance remains enforceable and that violations could trigger code‑compliance actions.

Ending: The board’s action permits the Isaacs to resume outdoor amplified music under defined limits and monitoring; it also requires the owners to follow additional permitting if they seek to enlarge the outdoor stage or change the operation.