Douglas County approves Curtis Stewart exemption amendment despite barn setback nonconformity

The Douglas County Board of County Commissioners on Jan. 14 approved the Curtis Stewart first-amendment exemption to adjust parcel boundaries to follow historic fence lines, while imposing three recordation and compliance conditions and noting that an existing barn on a neighboring parcel will be nonconforming to the county's 50-foot accessory-structure setback.

Eric Pavlinac, principal planner with the Department of Community Development, told the board the request (project file EX2024-003) began as an administrative amendment under Section 906 of the subdivision resolution but advanced to the board when staff identified a setback nonconformity. The survey placed the closest portion of the barn at about 45.6 feet from the proposed parcel line; Douglas County requires a 50-foot setback for accessory structures.

Applicant representative Gerry Hanigan of Hanigan and Associates said the proposed boundary adjustments are intended to formalize long-standing fence lines and avoid creating new parcels. Hanigan presented several options discussed by the owners, including trimming the barn, shifting the property line to achieve the full 50-foot setback, or pursuing a court adjudication of title or adverse-possession claim. Hanigan said those options were impractical or costly and proposed recording a written agreement (described in the hearing as an affidavit or covenant) signed by the southern property owner acknowledging the nonconformity, agreeing not to enlarge it without county approval, and binding future owners.

Natalie Young, owner of parcel 3, testified in person that the fence lines have been in place for generations and supported the amendment. Emily Hankison Rath, the owner of the adjacent southern parcel where the barn sits, joined the hearing remotely and said she supports adjusting the boundaries to the historic fence lines and understands that future expansion of the barn toward the fence would be limited.

Staff recommended three conditions if the board approved the amendment: technical corrections to the recorded exhibit prior to recordation; execution of quitclaim deeds after recordation to resolve ownership between the two exempt parcels and two meets-and-bounds parcels; and that all commitments made by the applicant in the public hearing or in writing be satisfied as a condition of approval. Commissioner Till moved to approve with the three conditions; the motion was seconded and carried 3-0.

The board record shows the approval does not create new parcels, but it does create a legal nonconformity for setback purposes. The county's action allows the boundary amendment to proceed subject to the stated recordation and affidavit/covenant approach to limit expansion of the nonconforming barn.