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HomeMy WebLinkAboutCRR OPCO Letter.pdfSeptember 24, 2012 [Sent Certified Return Receipt] Mr. Justin Rambo 3 Seven Oaks Road Carbondale, Colorado 81623 Re: Non -conforming Status for an Optional Premises Cultivation Operation (OPCO) located at 3 Seven Oaks Road, Carbondale, CO. Dear Mr. Rambo, Thank you for hosting members of the County Building and Planning Staff for a site visit to your property on September 11, 2012. As indicated to you by myself and by direction of the Garfield County Board of County Commissioners in the local verification hearing held on August 6th, 2012, I have done an investigation of your OPCO located at 3 Seven Oaks Road. The purpose of this letter is to provide you with a formal determination of the land use status of your property related to the OPCO. More specifically, this letter shall serve as a determination that memorializes the uses and / or structures on your property that were in operation as of June 21, 2010 as legal non -conforming uses related to the OPCO and thereby may continue to exist. The following are considered legal non -conforming uses / structures which are presumed to have been in place and operational prior to June 21, 2010 and therefore may remain as they currently exist: 1) The 2 -story pre-engineered metal building having a total square area of 8,064 square feet which contains numerous rooms used for cultivation of medical marijuana in various stages of growth and development including a room for product processing (as evidenced in Exhibits A — G); 2) Covered port / open storage on the east side of the 2 -story metal building having 864 square feet of non -enclosed area containing organic fertilizers and related materials (as evidenced in Exhibit A); 3) Unfinished and uncovered upper deck on south side of the 2 -story metal building (as evidenced in Exhibits i] - F; and 4) No more than 2 employees on the site at any given time. The following is considered an illegal non -conforming use / structure and must be removed immediately: 1) The greenhouse structure (30' x 72') Located an the west side of the 2 -story metal building. By our evidence, this structure did not exist on the property prior to June 21, 2010 when the Board of County Commissioners put the moratorium in place via Resolution 2010-48 which prohibited the construction and use of new medical marijuana facilities. In fact, the attached Google Earth imagery dated September 23, 2011 as evidenced in Exhibit J (15 months after the moratorium was put in place) continues to show that not only did the greenhouse not exist, but that the grading of the location had not occurred either. Further, there is no evidence in the same imagery that a greenhouse exists anywhere on the property. As a result, this structure as a commercial greenhouse housing medical marijuana was constructed and is being used illegally after the County put the moratorium in place. As with any legal non -conforming use and/ or structure, your existing operation cannot be expanded beyond its current existence as documented by the attached photographs taken on September 11, 2012 and the Google Earth imagery of September 23, 2011 as provided for in Exhibit J. This prohibition of expansion is more explicitly set out in the County's Unified Land Use Resolution of 2008, as amended and partially restated here: SECTION 10-101 APPLICABILITY. The regulatory provisions of this Article shall apply to all permitted !and use, including divisions of land and signs, that do not conform to the applicable use regulations of this Code as a result of either the adoption or amendment of this Code, or a final administrative or judicial decision precluding the County from enforcing this Code specific to a use on the basis of estoppels, laches, or waiver. SECTION 10-102 CONTINUATION OF NONCONFORMING LAND USE. A nonconforming land use may be continued and normal or routine maintenance shall be permitted, in compliance with the regulatory provisions of this Article. A. Nonconforming Structure: Unless otherwise prohibited by the provisions of this Article, a nonconforming structure may continue to be occupied. B. Nonconforming Use: Unless otherwise prohibited by provisions of this Article, a nonconforming use may be continued and normal or routine maintenance of the structure containing a nonconforming use shall be permitted. Normal or routine maintenance shall include any maintenance or repair which does not impermissibly enlarge or alter the structure containing a nonconforming use, in compliance with the provisions of Section 10- 103, Enlargement or Alteration of a Nonconforming Land Use. As you are aware, no additional approvals can be provided to you to eliminate the non- conforming status of your operation as the subject property is in the Rural zone district which prohibits OPCOs. Regarding the greenhouse and its contents, it would require a building permit if there are employees that enter the structure. It could be classified as an exempt agricultural building if you only store non medical marijuana plants for non commercial private use only. This office shall provide you 30 days to accomplish the removal of its contents related to medical marijuana which shall be completed no later than October 31, 2012. We shall conduct a site visit to verify it has been removed entirely by this date. Please do not hesitate to contact me of you have any questions regarding this letter. Sincerely, 'moi Fred A. Jarman, Director, Building & Pla N: Department fredjarman@garfield-county.com (970) 945-8212 Enclosure(s): Photo's from site visit on September 11, 2012 Google Earth imagery of September 23, 2011 Cc: Board of County Commissioners Andrew Gorgey, Garfield County Manager Carey Gagnon, Acting Garfield County Attorney Lou Vallario, Garfield County Sheriff Jim Yellico, Garfield County Assessor Brian Dyet, State of Colorado MMED Supervisory Inspector