Penrose RV/storage proposal revised after BOZA and Planning Commission scrutiny; resubmittal gains CDOT access

County planning staff reported May 20, 2025 that the Penrose RV and storage conditional development plan (CDP 25-0002, applicant Fluckey) was substantially revised after earlier BOZA review and Planning Commission concern, and that the applicant’s May 13, 2025 resubmittal met Fremont County regulations and obtained permanent access from the Colorado Department of Transportation (CDOT) off Highway 115.

Planning staff recounted the application history: BOZA had earlier considered a request that included a 10‑foot front setback adjacent to Highway 115; the department recommended denial because staff concluded the BOZA variance criteria were not met and the hardship appeared to be self‑created. At Planning Commission review, Director Dan Victoria recommended revocation of the BOZA variance, citing BOZA standards. "The revocation of the Boza variance" was raised at Planning Commission, staff said.

Planning staff said the Planning Commission was uncertain of its authority to revoke a BOZA variance and referred the matter to the Board of County Commissioners (BOCC) for a final determination. At the BOCC meeting, staff said commissioners gave the applicant the option to resubmit or allow the BOCC to decide; the applicant chose to resubmit. "They did resubmit," the county planner said, and the May 13 resubmittal was "adequately changed, very much so, and to meet all of Fremont County regulations and setbacks."

The revised plan reduced the number of storage units by five from the applicant’s original proposal. Planning staff said CDOT issued a permanent access permit onto Highway 115; access conditions include restrictions on turning movements (staff indicated right-turn only restrictions). Staff also said the resubmitted plan no longer required the previously requested variance and therefore would comply with county setbacks.

County staff described the sequence as a learning process for BOZA, Planning Commission and county staff about how variance recommendations and final decisions move through BOZA, Planning Commission and the BOCC. Staff also said the approved resubmittal included remaining contingencies that the applicant must address before final approvals are issued.

No formal county board vote revoking the earlier BOZA action occurred during this meeting; staff presented the history and the resubmittal status and the board discussed procedures and previous recommendations.