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Resident says county did not provide appeal procedure after rezoning; urges improved process
Summary
A resident urged the Jefferson County commissioners to improve appeal procedures and described unsuccessful attempts to overturn a prior rezoning decision affecting a neighbor’s property, saying the only remedy he was told was private litigation.
A Jefferson County resident told the Board of County Commissioners on Tuesday he had tried repeatedly to appeal a prior rezoning decision and was told the county had no internal appeal procedure beyond filing suit.
Gary Thiessen, speaking on behalf of his sister, described case number 2410589RZ, which he said involved a rezoning approval for property at 8567 West End and Eighth Avenue. He said the Board of County Commissioners approved the rezoning on Sept. 17, 2024, and that he delivered a written appeal to the board’s office about 10 days later.
"I contacted the zoning department and asked for the procedure to appeal. They stated they do not have a procedure and recommended I write a letter to the Board of Commissioners," Thiessen said. He told the commissioners he later learned there was a 30-day appeal window and that his letter was routed from the clerk’s office to the planning and zoning department.
Thiessen said he attended planning commission meetings for several months to raise concerns about unpermitted construction, zoning violations by the property owner and potential fire and health hazards to the neighborhood. He said planning commission staff and members informed him the planning commission could only make recommendations and that the board of county commissioners makes final decisions; he also said he was told it was too late to appeal through county channels.
"I was informed my only solution to reverse the zoning was to hire a private lawyer and sue the county," Thiessen said, adding neighbors felt it was futile to "fight city hall."
After Thiessen finished, Chair Leslie Dahlkemper asked if he would share his written comments with the county’s public affairs director. "If I may ask a favor, would you be willing to share the written comments from your sister with Cassie Pierce who is our public affairs director just so the board has a copy of those comments?" Dahlkemper asked. Thiessen agreed.
Thiessen also said he had been told there are two levels of commissioners (planning commission and board of county commissioners) and that staff member Mr. O'Keefe had met with him and provided case materials. He told the board he had documented violations dating from February 2016 to February 2024 and had raised fire-safety and pollution concerns backed by seven witnesses at planning meetings.
No formal action was taken by the board during the public-comment period; the comment was recorded as part of the meeting's public-comment segment and commissioners did not indicate an immediate procedural change at the hearing.
