ROUTT COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA COMMUNICATION FORM ITEM DATE: October 13, 2015 ITEM TIME: 3:00 pm FROM: Watkins Fulk-Gray, staff planner TODAY S DATE: October 6, 2015 AGENDA TITLE: PE2014-005; Fitzgerald Code Enforcement Case CHECK ONE THAT APPLIES TO YOUR ITEM: ACTION ITEM DIRECTION INFORMATION I. DESCRIBE THE REQUEST OR ISSUE: Karen and John Fitzgerald own a 5-acre parcel in the area known as Pine Springs. This area contains numerous illegally-created parcels from the early 1970s. As an illegal parcel, the Fitzgeralds land is not eligible for any kind of County permit. The Fitzgeralds have constructed a yurt that they use from time to time as a dwelling unit, and have stated on the record that they would like to live in it full-time. The yurt is constructed on a foundation next to a spring. In June of 2014, the Planning Department received a complaint from a neighbor that initiated a site visit and a series of violation letters and responses that was put on hold in September of 2014 due to resource constraints. In August of this year, the Planning Department sent the Fitzgeralds a notice that the County is resuming the code enforcement process. The following are the sections of the Zoning and Subdivision Regulations that the Planning Department believes are being violated: The zoning violations that the Planning Department believes are occurring are the following: Section 5.1.3.A, Building Construction and Enforcement. The Property contains a structure that has been erected, occupied, moved or structurally altered without the issuance of a Building Department permit. Section 5.11.4, Minimum Setbacks from a Waterbody. This section requires a 50-foot setback from all disturbance and structures from waterbodies. The yurt is located several feet away from a spring, which is considered a waterbody. Section 4.19, Section 2.3.20, and Section 8.29. These sections, together, define camping as a use and where it is permitted. The Fitzgeralds use of their yurt violates the definition of camping. II. RECOMMENDED ACTION: Authorize the County Attorney to commence legal action. Planning 1
ROUTT COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA COMMUNICATION FORM III. DESCRIBE FISCAL IMPACTS (VARIATION TO BUDGET): PROPOSED REVENUE: N/A PROPOSED EXPENDITURE: N/A FUNDING SOURCE: N/A IV. IMPACTS OF A REGIONAL NATURE OR ON OTHER JURISDICTIONS (IDENTIFY ANY COMMUNICATIONS ON THIS ITEM): N/A V. BACKGROUND INFORMATION: The complaint that initiated this investigation was sent on June 16, 2014. A site visit by Watkins Fulk-Gray and Chad Phillips with the Fitzgeralds was conducted on June 23, 2014. Several letters of correspondence between the Fitzgeralds and the Planning Department, including a Finding of Violation letter, followed in the next three months. These correspondences are available in the Planning Department. The most recent correspondence from the Fitzgeralds, dated August 31, 2015, denies that there is any violation, but states that they are willing to move the yurt outside the waterbody setback. VI. LEGAL ISSUES: N/A VII. CONFLICTS OR ENVIRONMENTAL ISSUES: N/A VIII. SUMMARY AND OTHER OPTIONS: A code enforcement case involving illegal camping, a waterbody setback violation, and the construction of a building without proper permits was initiated in June of 2014, put on hold in September of 2014, and resumed in August of 2015. The Planning Department now asks the BCC if it would like to pursue legal action. IX. ATTACHMENTS: Vicinity map Letter addressed to John and Karen Fitzgerald from August 5, 2015 Fitzgeralds response to 8/5/15 letter Photos from June 23, 2014 site visit Planning 2
August 5, 2015 John T. and Karen J. Fitzgerald 1084 Manitou Ave. Steamboat Springs, CO Subject: Notice of Zoning Violation Legal Description of Location: E2NW4SW4NE4 SEC 2-5-84 Parcel No. 947021004 Activity No.: PE2014-005 Dear Mr. & Mrs. Fitzgerald: On June 18, 2014, the Routt County Planning Department notified you of a potential enforcement action concerning property you own which is described above (the Property ). On September 2, 2014, the Department notified you that enforcement proceedings were being stayed due to resource constraints. Please consider this letter an official notice that enforcement action is being reinstituted. You are further notified that after complaint, inspection, and investigation, it has been determined that structures and uses on the Property constitute violations of the Routt County Zoning Regulations, Routt County Subdivision Regulations, and Routt County Building Codes. The following sections of the Zoning Regulations may be relevant to this action: 1. Section 1.6, Violations and Penalties. This Section provides enforcement authority for violations of the Zoning Regulations. 2. Section 5.1.3.A, Building Construction and Enforcement. The Property contains a structure that has been erected, occupied, moved or structurally altered without the issuance of a Building Department permit. 3. Section 5.1.3.B, Individual Sewage Disposal System (ISDS) Permits. The Property contains a structure that has been erected, occupied, moved or structurally altered without the issuance of an ISDS permit. 4. Section 5.11.4, Minimum Setbacks from a Waterbody. This section requires a 50- foot setback from all disturbance and structures from waterbodies. 5. Section 4.19, Uses by Zone District Table. This table identifies the uses allowed on properties located in Routt County by zone districts.
6. Section 2.3.20, Definition of Camping. 7. Section 8.29, Standards for Camping Private Non-Commercial. 8. Section 8.30, Standards for Camping, Extended, Private Non-Commercial. This and the preceding two sections together explain the County s regulations regarding camping, of which you are in violation. Camping is an activity that is not meant to take the place of a permanent dwelling. The following sections of the Subdivision Regulations may be relevant to this action: 1. Section 1.5, Control Over Platting. No permits, building or other, shall be issued for the construction of any building or any other improvements requiring a permit, upon any land for which a plat is required by these Regulations, unless and until the requirements thereof shall have been complied with. 2. Section 1.8, Enforcement. No permits shall be issued by any administrative officer of the County for the construction or occupancy of any building, or other improvement requiring a permit, upon any land for which a plat is required by these Regulations, unless and until the requirement of these Regulations have been met. Furthermore, the Routt County Building Official has authorized this office to notify you of a violation of the International Building Code concerning your dwelling and lack of a building permit. Section 105.1 states that Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Other allegations of violations concerning Routt County regulations and codes or state law may be brought as this matter proceeds. Thus, the above enumeration of regulations and codes should not be considered exhaustive at this time. You must bring your property into compliance or provide a plan for compliance with the Zoning Regulations and Building Code within ten (10) days from the date of this letter, or no later than August 17, 2015. Planning Department staff can provide the relevant portions of the Zoning Regulations to you, if you request, and work with you to achieve compliance. Building Department staff can provide you access to the various building codes applicable in Routt County and provide you with assistance in compliance. If you fail to correct the violation by the above deadline, this office may schedule the matter before the Board of County Commissioners to request authorization for the County Attorney s office to commence legal action against you. The County is authorized to enforce its Zoning Regulations and Building Codes through declaratory and injunctive relief, criminal action, or civil penalties under Sections 30-28-124, 30-28- 124.5, and 30-28-209. Beginning with the date of this notice (or an earlier date when the
violation first occurred), each day that the violation continues shall be deemed a separate offense. Please notify the Planning Department of your intent to comply and your plan for compliance before the deadline established in this notice. Contact the Planning Department should you need any additional information. Sincerely, Watkins Fulk-Gray Staff Planner