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Montezuma County OKs after-the-fact setback variance for Mancos property with $5,719.68 consequence
Summary
The Board of County Commissioners, acting as the Board of Adjustment, approved an after-the-fact setback variance for a garage built at 9452 Road 42 in Mancos, awarding a financial "consequence to the variance" of $5,719.68 rather than ordering immediate removal.
The Montezuma County Board of Commissioners, meeting as the Board of Adjustment, approved an after-the-fact setback variance for a garage at 9452 Road 42 in Mancos and imposed a $5,719.68 consequence to the variance rather than ordering the structure moved or demolished.
The variance application was submitted by Eugene Craney. County staff described the structure as a carport/garage that encroaches into the 30-foot setback adopted by the county in 2020; staff calculated the encroachment as 432 square feet. Planning staff and the board discussed alternatives, including moving utility lines or relocating the structure, before settling on a monetary consequence.
County Attorney Tarnowski outlined legal options and recommended against imposing fines directly from the board in this forum, saying those enforcement avenues are typically pursued through county or district court. Tarnowski told the board it would be his role to prepare a written decision for adoption at the commission's next meeting.
Eugene Craney told commissioners he had built the garage two years earlier and described his error as a mistake rather than intentional noncompliance: "I admit that I made that mistake," he said, adding he filed the variance once the issue was identified. Craney said topography and the location of an overhead/underground power line constrained where he could place the structure and that the building could not reasonably be moved without major work.
Commissioners asked county staff and the applicant whether relocating the power line or purchasing additional land were realistic options. Bridges and Road staff raised no objection to the encroaching structure, and Craney said one neighbor, Terry Sanders, submitted a written statement that she does not oppose the variance.
The motion approved the after-the-fact setback variance with the stated condition of a $5,719.68 consequence to the variance. Commissioners noted the decision requires a written order, which will be drafted by the county attorney and adopted alongside minutes at the next meeting.
The board’s action does not include a court-enforced civil fine in this proceeding; Tarnowski said enforcement through court avenues remains available if necessary.
Votes at a glance Approved — After-the-fact setback variance application submitted by Eugene Craney for property at 9452 Road 42, Mancos, Colorado; condition: consequence to variance of $5,719.68. Decision to be memorialized in a written order at the next meeting.
