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