HomeMy WebLinkAbout1.04 NOV Appeal letterGlenwood Springs Office
901 Grand Avenue, Suite 201
Glenwood Springs, Colorado 81601
Telephone (970) 947-1936
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GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
June 26, 2020
David McConaughy
dmcconaughy@garfieldhecht.com
Via E -Mail and Dropbox
Garfield County Community Development Department
Attn.: Kelly Cave & Sheryl Bower
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
E-mail: kcave@garfield-county.com; sbower@garfield-county.com
RE: Bedrock Resources, LLC, 560 County Road 315, Silt, Colorado
Appeal of Notice of Violation
Greetings:
This law firm represents Bedrock Resources, LLC ("Bedrock"). Bedrock is the record title
owner of the property located at 560 County Road 315, Silt, Colorado (the "Property"). Bedrock
has received a Notice of Violation from Garfield County dated June 17, 2020 (the "Notice"). The
Notice alleges that the Property is being used in violation of the Land Use Change Permit
("Permit") issued for the Property pursuant to Garfield County Resolution No. 2012-85 (the
"Resolution"). Specifically, the Notice states that water storage tanks are being stored on the
Property, which is outside the scope of the uses authorized under the Permit. Bedrock disputes that
a violation of the Permit has occurred and therefore appeals the Notice pursuant to Article 12 of
the Garfield County Land Use and Development Code ("LUDC").
As stated in the Permit and the Resolution, the Permit allows a contractor's yard and
accessory uses including, among other things, storage of machinery, equipment, or products to
occur on the Property. The LUDC defines "storage" as "an area used for storing machinery,
equipment, minerals or other products." Placing empty water tanks on the Property falls squarely
within that definition. It is also consistent with Bedrock's application for the Permit.
First, the land use application form submitted as part of Bedrock's application identified
"storage of machinery, equipment, or products"—a use listed in the 2008 LUDC use table—as one
of the requested uses for the Property. Second, among the specific uses referenced in the
application cover letter was, as noted in the Notice, a "covered parking/storage area." The
application did not further qualify what would be stored there, so storing the water tanks in that
area is not in conflict with the application. Third, the application only specified the types of
materials that would be stored on the Property (i.e., "materials used in the asphalt/contracting
business such as recycle asphalt, millings, road base, rock, pit run, concrete, etc."), but it did not
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June 26, 2020
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attempt to define or limit what types of equipment or other products would be stored on the site.
Fourth, the site plan that is included as an exhibit to the Permit and to the Resolution only identifies
"storage areas" on the Property and does not include any examples of what would be located in
those areas. Fifth, neither the Permit nor the Resolution exclude certain products, materials, or
equipment from being stored on the Property. Finally, empty water tanks are not inconsistent with
the types of products and equipment that may be used in connection with an asphalt/contractor
business, so they should be permitted to remain on the Property.
For the reasons stated in this letter, Bedrock asks that the Notice be rescinded and that the
use cited in the Notice be allowed to continue as it is consistent with the Permit.
Sincerely,
GARFIELD & HECHT, P.C.
David H. McConaughy
Haley M. Carmer
Attorneys for Bedrock Resources, LLC