Commission Recommends Approval of Dunlap Zoning Change to Legalize Two Dwellings

The Albany County Planning and Zoning Commission voted unanimously to recommend that the Board of County Commissioners approve a zoning district amendment for property at 39 Peakview Road, changing the parcel’s zoning from agricultural to rural residential.

The recommendation, moved and seconded at the meeting, would allow the landowner to pursue a conditional use permit or subdivision to bring two existing primary dwellings on the 38.85-acre parcel into compliance with county density rules. The commission adopted staff analysis, findings of fact and conclusions of law as incorporated in the staff report.

County planning staff told commissioners the applicant, Lance Dunlap, provided a complete application and documentation. Staff said the request generally follows the Albany County comprehensive plan and is compatible with surrounding land uses, noting one review comment from Holly Dyer of the Laramie Rivers Conservation District about erosion, soil degradation and reclamation of disturbed areas.

Staff also explained the property was subject to an open enforcement case because the parcel exceeded allowed density for an agricultural zoning district; the original enforcement case was opened in 2019 and a new enforcement case was opened in 2024 after the property changed ownership. Planning staff recommended the zoning district amendment as a path to resolve the enforcement matter by enabling a follow-up subdivision or conditional use application if the change is approved.

During discussion, commissioners asked whether penalties had been assessed against the prior owner; staff replied no penalties were assessed. Commissioners sought clarification on what on-site buildings were classified as primary dwellings versus accessory structures and on the minimum acreage required under agricultural zoning (one dwelling per 35 acres). Staff noted the Wildhorse Ranch covenants allow 10-acre minimums in that area.

Lance Dunlap addressed the commission: “No. And I just wanna thank Joe for his his help and guidance through this process. This is obviously something that we're working through and, you know, I appreciate, you know, every every step of the way that he's been with us, and I appreciate, you know, everybody over there's understanding of us trying to bring this to compliance. You know, this is a a learning process for me, and, I'm happy to comply and and do every step along the way. So thank you all for your time.”

Planning staff also summarized enforcement workload and procedures. On caseload, staff said, “Roughly Last year, we had, about 75,” and described that a majority from last year are now closed; new enforcement starts have been lower this year, and the department was without an enforcement officer for four months. Staff explained formal enforcement typically requires filing a complaint in district court and obtaining a court judgment to enforce remedies, but that voluntary compliance is preferred when possible.

The motion to recommend approval of CDA-0425 (zoning district amendment) was put to a roll call and carried unanimously: Commissioner Diane — aye; Commissioner Mauro — aye; Commissioner Ralph — aye; Chair — aye; [other commissioner recorded as aye]. The commission’s recommendation will go to the Albany County Board of County Commissioners for final action.

The commission closed the public hearing on the item without public comment and moved on to other business.