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Pueblo County rescinds order to pursue zoning enforcement after discovery of a timely appeal

3754206 · May 20, 2025
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Summary

The Board rescinded a prior resolution that had directed the county attorney to pursue legal action on a zoning violation after staff learned a timely appeal had been filed; the case will be scheduled for the zoning board of appeals before any further action.

Pueblo County commissioners on May 20 rescinded a previously approved resolution that had directed the county attorney to institute legal action over an alleged zoning code violation for a property described as Lot 2 Sherwood Subdivision (formerly number 1318000035).

Assistant County Attorney Marcy Day told the board: "Following the approval of this resolution, it was determined that there was a timely appeal filed that did not get scheduled with the board as the zoning board of appeals to the notice of violation. So we're resending this so we can go back and correct that action." She said the county will schedule the matter for a hearing before the zoning board of appeals and then, depending on the outcome, could re-present enforcement action to the Board of County Commissioners.

A board member confirmed the next step was for the BOCC to hear the case in its capacity as the zoning board of appeals. Staff said the scheduling would likely take place at the next land-use hearing; a precise date was not provided in the meeting record. The board voted to rescind the earlier direction and the motion carried.

The action is procedural: it pauses legal enforcement in order to process an appeal through the zoning board of appeals as required by the county's administrative process. No new enforcement action was authorized at the meeting; any future enforcement would depend on the zoning board of appeals outcome.