Fremont County board approves 25-foot front-setback variance for Spruce Basin storage shed

The Fremont County Board of Zoning Adjustment approved a variance 4-0 on a request to reduce the required front setback from 50 feet to 25 feet for a storage building at 1111 Nuthatch Drive in the Spruce Basin subdivision near Cotopaxi.

The variance, requested by property owners Michael and Colleen Croach, applies to Lot 18, Block 3, Spruce Basin, filing No. 4. The county planning department reported the parcel is roughly six acres and that the proposed storage building would be 25 feet from the front property line, 25 feet short of the R-2 zone’s 50-foot front setback. The department’s staff presentation said the proposed side setback (137.2 feet) and rear setback (about 615.9 feet) meet zoning requirements.

The planning department recommended approval, saying the proposal met the four hardship criteria in Fremont County Zoning Resolution Section 7.03 and that the building is an allowed use in the R-2 zone under Section 4.02. Department staff said letters notifying adjacent property owners were mailed on August 11 and the notice ran in the paper on August 14; staff reported no written comments returned to the office. “The department recommends the Board of Zoning Adjustments to approve this application for the variance to relieve the difficulties of this hardship,” the planning presentation said.

Neighbors who spoke at the hearing raised concerns about drainage, road maintenance and visibility from nearby properties. A longtime Spruce Basin resident who identified himself as a neighborhood spokesperson recalled the arrival of commercial power to the subdivision and said recent construction and lights have changed the area’s rural character. Another nearby property owner said drainage ditches have deteriorated and asked whether a 25-foot setback leaves enough room for future road or drainage work.

Michael Croach, the applicant, told the board the proposed location minimizes tree removal and the amount of new fill needed. “If this is not approved, we’ll have to move it back 25 more feet. I’ll have to take out two Ponderosa pines that are 100 foot tall,” Croach said. He said gutters on the building would outlet to the rear of his lot and that he has already cleared and maintained the local culvert.

A neighbor who said she shares a property line with the Croaches said she could see the Croach house and shop from her deck and asked why substantial site preparation had been done before the variance was filed. Croach responded that he sought a building permit first based on contractor guidance and was told by the county building inspector that the front setback was 50 feet; he then filed the BOZA application. “I’m asking for this because I’m legally entitled to it,” Croach said.

Board member Tim Bennett moved to approve the variance; Kevin Brown seconded. The board took a roll-call vote and recorded a 4-0 approval. The board chair noted the core question was whether the parcel’s topography and preexisting conditions created a hardship that justified reducing the front setback, not aesthetic objections.

County staff noted there is a 10-foot utility easement across front property lines and 5-foot side easements on lots in the subdivision; staff also said County Department of Transportation (FC DOT) had no comments on the application after a site view. Staff suggested the board could require a drainage plan as a condition if the board found that appropriate.

The board’s action grants the Croaches the requested variance to build the storage structure 25 feet from the front property line in place of the 50-foot requirement. The applicant and neighbors were advised of county permitting and easement rules, and the board adjourned following the vote.