Commissioners approve rezoning and two‑lot minor subdivision for property on Granite Hills Road amid neighbor concerns about second dwelling and water

Fremont County commissioners approved two related land‑use applications for property at 360 Granite Hills Road in Cotopaxi: a zone‑district change from Residential‑3 to Residential‑2 (to allow minimum lot sizes of 4.5 acres) and a minor subdivision to create two lots.

Applicant representative Allen Doran said the owners, Ralph and Joanne Kiwish, seek to split the roughly 35‑acre net parcel into a 26.367‑acre Lot 1 (with the existing dwelling and outbuildings) and an 8.911‑acre Lot 2 (vacant). The proposed Lot 2 would meet the Residential‑2 minimum of 4.5 acres. Doran said access is via Granite Hills Road for the existing dwelling and County Road 45 for the new lot; he said a long driveway would include a pull‑off to satisfy the Western Fremont Fire Protection District’s access guidance.

Neighbor Mike Schaffer spoke at the public hearing and presented assessor materials asserting there are two residences on the parcel; he said both structures are separately habitable and raised a concern that allowing the rezoning could lead nearby landowners to seek similar rezones and that additional lots may increase local water‑supply pressure. Planning staff and county code‑enforcement representatives said their exterior inspection had not confirmed a second, separate residence in a manner that would constitute an unpermitted dwelling; staff said if the parcel contains a second dwelling that post‑dates zoning the owners would need to apply for an accessory‑dwelling permit or face enforcement if it fails to meet criteria.

Planning & Zoning Director Victoria summarized the staff recommendation to approve the rezoning and the minor subdivision subject to two waivers (drainage plan and soils testing to be required at time of development) and several plat corrections and conditions: correcting a plat note to indicate Residential‑2 rather than Residential‑3, removing ownership names from adjoining parcels on the plat, a note that drainage‑plan approval will be required for Lot 2 at the time of development, and the requirement that relocation or replacement of any nonconforming structures must comply with current development standards. Staff also noted that a driveway access permit from Fremont County DOT will be required before development of the new lot.

Commissioners voted to approve the rezoning and the minor subdivision by roll call. The approvals included the staff waivers and conditions noted above; the board did not take enforcement action regarding the neighbor’s assertion of a second residence at the time of approval.