HomeMy WebLinkAbout1.3 Finding of Legal Non-conforming StatusGARFIELD COUNTY
Building and Planning
October 30, 1997
Richard K. Stephenson, President
Roaring Fork Sand & Gravel
P.O. Box 1220
Carbondale, Colorado 81623
RE: Powers Pit - Asphalt Batch Plant
Dear Dick:
After reviewing your letter with Don DeFord, County Attorney and further review of the files in
this office, we both concur that the information you have provided would support your claim of a
nonconforming use status for an asphalt batch plant in the Powers Pit. Based on your
representations and some limited information in the file, we have no basis for challenging the
validity of your claim of nonconforming use for an asphalt batch plant.
There is a file under the Colorado Division of Mines, that includes a statement signed by W. C.
Milner, Building Official, that notes the gravel pit and the use of an asphalt batch plant in 1974
as a "preexisiting and non -conforming" use. Your additional notations regarding use as far
back as 1964, add further support to the contention of a nonconforming use.
Unless someone can provide evidence to the contrary, any future inquiries regarding the ability to
place an asphalt batch plant in the Powers Pit will be advised that it is legal to do so. If you or
anyone else have any questions regarding the determinations made in this letter, feel free to call
or write to this office at your convenience.
Sincerely,
Mark L. Bean, Director
Building & Planning Department
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
OCT -29-97 14ED 03:21
October 29, 1997
RFS&G / GMCO / RFA / RFR FAX NO. 9709631311 P.02/02
ROARING FORK SAND & GRAVEL
Mark Bean
Garfield County
109 81' ST.
Glenwood Springs, CO 81601
Dear Mark;
The Power's Pit has a long history of asphalt plants and asphalt storage beginning in 1964.
The Colorado Department of Highways used this pit for the asphalt on Highway 82 between
Carbondale and Glenwood Springs and Highway 133 from Cabondale to the top of McClure
Pass. In 1979 Roaring Fork Sand & Gravel took over the MLRB permit. There has been asphalt
stored and used on site every summer since that date. Since 1979 contractors that have made
asphalt in this gravel pit are, Elam Construction, GMCO Corporation, Corn Construction, Peter
Kewit, Brasser Construction and Sims Construction. The Colorado Department of Transportation
has also used this pit a number of times for patching Highway 82 and. 133.
It is our intention to continue our long ongoing asphalt production from this pit as long as there is
gravel.
Sincerely,
`ichard K. Stephenson
President
P.O. Box 1220 • 14156 Highway 82 • Carbondale, CO 81623 • (303) 963-3516 • FAX 963-1311