Pitkin County hearing officer approves Midnight Mine Ranch replacement, sets conditions on fiber-optic issue

Tom Smith, Pitkin County hearing officer, approved an application from Midnight Mine Ranch LLC to replace a preexisting legal nonconforming single‑family residence within the Castle Creek setbacks and to carry out related site improvements, saying the replacement would not increase the property’s existing nonconformity.

Staff had recommended approval after a site visit and multiple referrals. Tammy Potchen, Pitkin County planner, summarized the proposal as a like‑for‑like replacement within the existing footprints, a reduction in total floor area for the property and a series of infrastructure and landscape improvements. “They are asking to replace the preexisting legal nonconforming structure, the single family residence, which contains 7,989 square feet with a new, single family residence of 5,820 square feet within the exact same footprints,” Potchen said.

The application included an activity envelope and site plan review, a GMQS exemption for replacement floor area, and proposed changes including: raising the new first floor about 1 foot above the base flood elevation (8,238.3 feet as cited in the record); replacing a pedestrian bridge in the same footprint; upgrading the driveway to meet fire and county standards; removing a buried propane tank inside the 50‑foot Castle Creek setback; abandoning an on‑site wastewater treatment system (OWTS) inside the setback and replacing it outside the 100‑foot setback; installing irrigation/fire water tanks beyond the 100‑foot setback; replacing utilities (some to be relocated into Midnight Mine Road); and…