El Paso County board denies appeal of administrative setback relief for Monument home

The El Paso County Board of Adjustment on a unanimous 5-0 vote denied an appeal of an administrative relief that reduced the west-side setback for a detached garage at 1410 Trumpeters Court in the Hilltop Pines planned unit development.

The appeal was filed by Jeffrey and Stacy Werschke, the westerly neighbors to Mark and Jerry Grissom, who applied for the administrative relief. The board’s role was limited, Chair Kevin Curry said at the start of the hearing: "This is not a hearing on a setback." Instead, the board was asked to decide whether the Planning and Community Development (PCD) director erred in finding that the administrative relief met the approval criteria in the county Land Development Code.

PCD planner Lacey Dean told the board that the original BOA variance request (BOA 244) seeking a 62-foot setback where 100 feet was required had been denied in September 2024. The property owners revised their plan and applied for administrative relief (ADR 253), requesting an 82-foot setback (an 18% reduction from the required 100 feet), which staff approved administratively on March 5. Dean said the administrative review found the request stayed within the code’s 20% administrative relief threshold and that the revised design reduced impacts to neighbors.

County attorney Erica Keech summarized the standard the board had to apply: "The burden of proof is outlined in the land development code in 5.52(b)(1) where the board must find that the appellant has provided sufficient relevant evidence to determine that the PCD director errored in applying the applicable code provisions." Keech told the board the appellant carried the burden of proving an error.

Attorney Christopher (Kit) Davlin, representing the Wershkes, argued the director’s approval was improper and that the record did not show the director had analyzed the approval criteria at the time of the March 5 decision. Davlin told the board that the original two-car garage proposal was denied by the BOA, the applicants then redesigned a garage that remained entirely inside the setback and later received administrative approval. He cited letters from two local realtors who said the proximity of the outbuilding could harm the Wershkes’ property marketability and urged the board to find the director erred.

Property owner Mark Grissom said the revised design reflected the board’s previous comments, that moving the garage farther east or to the rear would require significant grading and other work, and that the redesign reduced the previous request from a two-car to a one-car structure. Grissom described topographic constraints and a well location that, he said, made the chosen placement the practical option; he asked the board to deny the appeal.

Planning director Megan Harrington said she reviewed the application before signing the administrative approval and told the board that all documentation staff considered is available in the county’s public EDARP file. Harrington also said a denial of the appeal by the board would leave the administrative relief in place; she noted an aggrieved party could seek judicial review in district court following the board’s decision.

Board discussion focused on whether the appellant had carried the burden to prove the director erred on at least one approval criterion (unreasonable/unnecessary strict application of the standard; extraordinary physical conditions; preservation of the code’s intent; adverse impact on surrounding properties; or increased dwelling units). Several board members said the record in EDARP contained staff analysis; others said the question was whether that analysis supported the director’s determination. After deliberation, Russell Morton moved to deny the appeal on the ground the appellant had not met the burden of proof; the motion was seconded by Keith Wood and passed 5-0 (Morton, Dean Jaeger, Wood, Frank Tank and Chair Kevin Curry voting aye).

The board’s action leaves the administratively approved 82-foot setback in place for the proposed detached garage at 1410 Trumpeters Court. The board did not adopt new conditions beyond those in the administrative approval.

Public-record details in the case include: BOA file 244 (denied in September 2024), ADR 253 (administrative relief approved March 5), the appeal filing received April 1, notification to 19 adjoining neighbors, and letters submitted for and against the appeal (the planner reported 10 letters opposing and 5 in support of the appeal).