Commissioners approve two after-the-fact setback variances and adopt variance code amendment

Montezuma County commissioners on April 8 signed a resolution that formally adds a variance application section to the county Land Use Code and resolved two after-the-fact setback variance applications brought before the board.

Resolution and background: The board moved to adopt a resolution formalizing an amendment to the Montezuma County Land Use Code that adds a variance section and updates the associated fee schedule (resolution number cited in the hearing as 5-2025). County attorney Steven Tarnowski said the amendment adds procedures specific to how the county will process variance applications and does not change other parts of the existing code. The resolution had been approved at a prior meeting and the board signed the signature page at this meeting.

After-the-fact variances: The board heard resumed public hearings for two after-the-fact setback variances that had been continued for language work in the code. The first application concerned a new accessory structure built on property at 8400 Road 39, Mancos (applicant represented by contractor Nick Manning; owner listed as Laura Webster). Commissioners debated whether the structure should be required to be moved to meet the setback or whether a variance should be granted with a monetary consequence for failing to obtain prior approval. Commissioner Jim Lindsay and others noted the property owner did not seek a pre-approval variance and emphasized the Land Use Code’s tight standards for granting variances, which require showing exceptional or peculiar practical difficulties.

The board ultimately approved an after-the-fact setback variance for the Webster property with a monetary consequence of $6,000 tied to the after-the-fact approval; the motion passed with a unanimous vote. Planning staff and commissioners discussed valuation methods for the penalty, using construction valuation tables and an assessment of percent complete to calculate a 10% consequence of the out-of-compliance portion.

The second after-the-fact application involved a carport installed at 10756 Road 26 in Cortez (applicant: Miss Vincent). Planning staff said the carport sits at roughly 24–25 feet from Mildred Road (County Road 26), where a 30-foot setback is required. The applicant explained the location was chosen to avoid an existing sewer line and other site constraints; the carport is roughly 19 by 19 feet, built on eight piers. Using the same valuation approach described for the earlier case, county staff calculated a consequence amount of $953.28. The board approved that after-the-fact variance with the $953.28 consequence; the vote was unanimous.

Legal context and enforcement options: County counsel read the statute governing Boards of Adjustment and variance authority, explaining that variances are available only in the presence of exceptional topographic or other extraordinary circumstances that would create undue hardship under strict code application. Tarnowski also reminded commissioners of the county’s authority to prosecute land-use code violations in county court under state statute when warranted.

What was emphasized in debate: Several commissioners expressed frustration with repeated after-the-fact variance requests and warned that routinely granting such variances undermines the Land Use Code. Commissioners discussed alternatives including denial (which would require the owner to move structures into compliance) and civil prosecution through county court or conditional consequences agreed by the landowner. One commissioner withdrew an initial motion to deny after weighing the punitive cost of forcing a structure move and instead supported a monetary consequence with the after-the-fact approval.

Practical details recorded at the hearing: For the Webster property, the board cited an approximate 9–10 foot reduction from the required setback (structure positioned roughly 20–30 feet from the property line depending on measurement points as described on the record). For the Vincent carport, staff recorded the carport at 24–25 feet from Mildred Road with the southern property line at 34 feet; the carport’s 19-by-19-foot footprint and eight-pier foundation were described by the applicant.

Next steps: The board directed staff to notify applicants of the board’s decisions and to document the consequence payments and recording requirements. County counsel reiterated the county’s option to pursue enforcement in county court if future violations occur.

Votes at a glance - Motion: Adopt resolution to codify variance section in Montezuma County Land Use Code (resolution #5-2025). Outcome: signed by board (moved and seconded at prior meeting; formal signature completed on April 8). - Motion: Approve after-the-fact setback variance for property at 8400 Road 39, Mancos (owner: Laura Webster) with monetary consequence of $6,000. Outcome: approved (unanimous). - Motion: Approve after-the-fact setback variance for property at 10756 Road 26, Cortez (applicant: Miss Vincent) with monetary consequence of $953.28. Outcome: approved (unanimous).

All formal decisions were recorded on the public record; applicants were informed to coordinate with planning staff regarding documentation of the consequences.