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Rio Blanco Board approves variance allowing full‑time RV residency on Marvin Creek parcel (VAR0001‑25)

3287128 · May 13, 2025
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Summary

The county’s Board of Adjustments and county commissioners approved a variance allowing an RV to be occupied for more than the 120‑consecutive‑day limit and to become the permanent residence on a two‑acre Marvin Creek parcel once utilities are in place.

A variance permitting an RV to be occupied beyond the land‑use rule limiting recreational vehicle occupancy to 120 consecutive days was approved by the Board of Adjustments and ratified by the Rio Blanco County commissioners on May 13.

Why it matters: The county’s land use regulations allow full‑time RV residency only if specific utility conditions are met; the variance creates an exception for a particular parcel and establishes that the variance travels with the land.

What the record shows - Staff presentation: Planning staff explained the rule in the current land‑use regulation (adopted under Resolution 2018‑006) that recreational vehicles on private legal parcels may be occupied for a maximum of 120 consecutive days between April 1 and November 30. The applicant requested relief to live on the parcel longer than 120 consecutive days. Staff noted the parcel (Marvin Creek) is rural and that water and electric are in place and septic was in process. - Questions and concerns from members: County members and staff raised the precedent question — whether granting variances repeatedly would weaken the rule — and repeatedly emphasized that parcels approved to house an RV beyond 120 days must have sewer, water and electric. Commissioners asked how the variance would carry if the property was sold and whether the county could limit future repeated variances; staff confirmed the variance runs with the parcel and would remain with subsequent owners. - Decision: The board approved the variance request (VAR0001‑25) and the commissioners recorded the approval at the meeting; roll‑call indicated unanimous approval.

Context and constraints: Under the county’s land use code the 120‑day limit was intended to reduce the risk of permanent residency without proper utilities; the variance was granted after staff confirmed utilities would be on the parcel and noted precedents exist where similar exceptions were approved (for larger parcels or parcels with utilities). Staff said if the parcel lacked septic or water the county’s concerns about illegal dumping and sanitation would be higher.

Next steps: Planning staff will notify the applicant of the approval and update county records to reflect the variance. If the property owner later seeks a cabin exemption or to build a permanent residence, that would be a separate, subsequent application requiring additional review (staff described those as separate processes).