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Home My WebLink About2.0 Code ViolationDecember 11, 2002 Mr. Dick Casey Casey Concrete 27858 Highway 6 Rifle, CO 81650 Dear Mr. Casey, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office shackett@garfield-county.com This office has received a complaint that concerns a building being constructed on property owned by you at the above address. It is a violation ofCRS 30-28-205 & 210, Uniform Building Code, to construct a building without a permit. Further, it may be a violation of the terms of your Special Use Permit to construct another building or to remodel an existing building unless the permit is replaced or amended. Additionally, there appears to be a storage or salvage yard being maintained on the east end of your property which is not an allowed use in the All zone district unless a Special or Conditional Use permit has been issued. You are hereby given notice, pursuant to the above statutes, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statutes is a misdemeanor crime punishable by a fine of not more than $100.00 orimprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below, or by e-mail at the addres: above. Sincerely, veHackett Compliance Officer 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 .FROM GOLUBA & GOLUBA ATTYS AT LAW N!CllOLA-s W. GOLUBA Mark Bean, Director PHONE ND. 970 945 9143 GOLUBA & GOLUBA J>.C. ATTORNEYS AT LAW US BANK DlJILDINO 802 GM.ND !r.V'a.'UE. sum: .301 P.O. BOX93l Ot.ENWOOD SP'R.ll"'CS. C01.0RADO 816<11 (970) 945-9141 Fax (970) 945-914> January 7, 2003 Jan. 07 2003 10:0BAM P2 NElL W. GOLUBA -Garfield County Planning Department 108 8111 Street, Suire 201 Steve Hackeu, Compliance Officer Garfield County Planning Depanment 108 gu. Street, Suite 201 Glenwood Springs, CO 81601 Glenwood Springs, CO 81601 Re: Dick Casey Concrete Co. Gentlemen: We represent Dick Casey Concrete Co. ("Casey") in respect to Mr. Hackett's letter of December 11, 2001, a copy of which is attached. At the outset, we acknowledge that !here is no excuse for Casey having failed to secure the necessary building permits prior to beginning work on the new shop and the installation of a new modular office building; Please note however, that upon receipt of Mr. Hackett's letter all work immediat~ly ceased and Casey began taking steps to correct any violations that may exist. Jn order to avoid any appearance that a storage or salvage yard is being maintained on the property, Casey has removed from the property all equipment currently not in service except for two pup trailers which should beremovedshortly. In addition, upon suggestion from Mr. Hackett that the City of Rifle's Watershed Ordinance may apply, Casey has been in contact with the City of Rifle. Casey has also obtailled the necessary forms to apply for building permirs for the proposed structur~s but has postponed filing the same until it is determined whether a new Special Use Permit is required. · On March 20, 1989, Garfield County granted Casey a Special Use Permit for: "Natural resource ex.traction and process1ng, Including concrete and asphalt bat.ch plants." FROM : GOLUBA & GOLUBA ATTYS AT LAW Mark Bean Steve Hackett January 7, 2003 Page 2 PHONE NO. 970 945 9143 Jan. 07 2003 10:0BAM P3 Casey seeks only 10 replace the existing shop and office building currently located on the property with larger and updated buildings. You have indicated that the replacement of Casey's shop and office building requires a new Special Use Permit. The shop is used solely to maintain the equipment necessary for the operation of the batch plant and the offlce is used solely to manage and conduct the business operations of the approved use. Section 2.02.011 of the Garfield County Zoning Regulations states: Incident only to a lawful use, any use which complies with all of the following conditions may be operated as an accessory use: I. Is clwly incidental and customary to, and commonly associated with a lawful use; 2. ls operated and maintained under the same ownership and on the same lot as the lawfui use; 3. Does not include structures or structural features inconsistent with a lawful use; and 4. Does not include residential occupancy except by domestic employees employed on the premises and the immediate families of such employees. An office and shop meet the criteria set forth in Section 2.02.011 and are clearly incidental and subordinate to the principal use of the property authorlzed by the Special Use Permit. Upgrading the improvements as proposed does not change the nature of the approved use in any manner. The nature of the activity or use on the property will not change in any respect. Casey should have the right to make the improvements proposed, provided the necessary building permits are obtained and the improvements are constructed in compliance with those permits and· !he Garfield County Building Code. The Zoning Regulations provide that if a special use is granted "certain conditions and performance standards 'may be imposed' and must be complied with by the permittee." The Special Use Permit granted Casey does noc confine the improvements to any particular specifications or impose any conditions or restrictions that would be violated by upgrading FROM GOLUBA & GOLUBA ATT'rS AT LAW Mark Bean Steve Hackett January 7, 2003 Page 3 PHONE NO. 970 945 9143 Jan. 07 2003 10:09AM P4 improvements necessary for the use which the County Commissioners have expressly approved. A Special Use Permit approves an activ.ity or use. The intent and purpose is not to define and render static every detail of the business operations, improvements and equipment employed in connection with that use. Such an interpretation is unjustifiable and would impose an unmanageable burden on both the permittee and the County. Virtually every successful business operation is constantly upgrading its facilities and equipruent and otherwise improving its operations. Neither the Regulations nor the permit itself preclude modernization or restrict che use of the permittee to the same improvements forever. In this case, Casey's Special Use Permit imposes no limitations or restrictions on production quantities or on the nature of the improvements or equipment that can be employed in the use of the land for the approved purposes. The permit defines the use or activity to which the property can be placed. No building plans or specifications were submitted or .required for the permit. The permit indicates no intention to micromanage 1he business operations of the permittee or condition the use of the land based on a particular design for the improvements necessary lo use the property for the approved purpose. On behalf of Dick Casey Concrete Co., we request that this matter be referred to the County Attorney for a written legal opinion as to whether a new Special Use Pennit is required for Casey to construct a new office and shop or wherber only the appropriate building permits are required. Mr. Hackett's letter gives Casey thirty (30) days from the date the notice was received to correct the violations, making the deadline for correction January 10, 2003. Before a decision can be made a~ to how best to proceed, we need to determine the County's legal posfrion on this matter. Hopefully. the County will recognize that the Special Use Permit approves a particular use or acrivity and not a specific design for the buildings or improvements and confirm that only building permits are required in order to replace the shop and office. We request thirty (30) days after receipt of a written legal opinion from the County Attorney within which to decide on how to proceed. If the County should ultimately require a new Special Use Permit, a determination will have to be made as to whether to pursue a new Special Use Permit. or remove tbe new improvements and continue operations using the old buildings or seek judicial relief. If the County agrees with our position, Casey will promptly apply for the necessary building permits and file a formal application with the City of Rifle for approval under Rifle's FROM GOLUBA & GOLUBA ATTYS AT LAW Mark Bean Steve Hackett January 7, 2003 Page 4 PHONE NO. 970 945 9143 Jan. 07 2003 10:09AM PS Watershed Ordinance. Casey has been advised by the City of Rifle that processing that application could take sb;ty (60) days or more. Accordingly, we request that all deadlines be suspended until a formal legal opinion can be obtained from the County. Within thirty (30) days thereafter, Casey will elect the course of action to be taken and consult with the Planning and Building Department in order to establish a reasonable time schedule for resolving all outstanding issues. In the meantime, all work on the new improvements will remain suspended and those improvements will not be utilized for any purpose. Very truly yours, NWGlsrb /