Fremont County planning board forwards Penrose RV and boat storage plan to commissioners with contingencies

Fremont County planning staff recommended denial of CDP24‑001, a proposal to develop a 1.36‑acre RV and boat self‑storage facility at 17225 State Highway 115 in Penrose, but the planning board voted to forward the project to the Board of County Commissioners with contingencies.

Dan, planning staff for the Fremont County Planning Department, told the board the site currently contains a 900‑square‑foot permitted garage and would be redeveloped with pre‑engineered metal storage units offering 24‑hour, year‑round, gated access via assigned codes. "The department actually recommends denial due to the following reasons," Dan said, citing an administrative history in which the Board of Zoning Adjustments (BOZA) had granted several variances, including a reduction of the required front yard setback from 40 feet to 10 feet.

Staff said the department found that only two of the four variance criteria in the Fremont County Zoning Resolution (section 7.4.0.3) were met and that the applicant had "created an unnecessary hardship" by designing to maximize unit count rather than conforming to the standard setbacks. Dan also flagged a requested sanitation waiver and the absence of a written hazardous‑spill response procedure as reasons for concern given the parcel’s adjacency to the Beaver Park Water ditch. He listed contingencies the department would require if the board recommended approval: a hazardous spill procedure, CDOT notice to proceed/inspection release, an approved noxious‑weed control plan, and installation of a fire hydrant per the fire marshal.

The applicant and consultant defended the design. "We've been working for a year towards this resolution," said John Edgar, identified in the planning report as the owner. Edgar and the project engineer said the inward‑facing building layout improves security and visual screening for both customers and nearby residents and helps make the project financially viable on a small lot that is constrained by a 60‑foot easement.

Jim Brostovich, the civil resources engineer who designed the project, told the board that certain features such as a vehicle tracking pad and concrete washout area are temporary, construction‑phase measures. He confirmed that water would not be available to tenants: a locked hose bib would remain for owner maintenance only; there is no municipal sewer or dump station at the site.

Board members and staff pressed the applicant on sanitation. Given the proximity to the irrigation ditch and limited nearby services, planning staff said a simple mitigation — for example, a chemical toilet — would be reasonable. "Something as simple as a chemical toilet would probably be reasonable," Dan said. The applicant agreed to provide space for and install a chemical toilet as a condition.

On the central legal issue, staff asked the board to question whether BOZA had properly applied the four hardship criteria required by the Fremont County Zoning Resolution; staff recommended re‑application or revocation of the BOZA variance if the commission did not accept the variance. The applicant’s representative countered that BOZA has interpretive authority under Fremont County Zoning Resolution section 1.7 and that the variance and the CDP layout advance the resolution’s purposes by improving safety and reducing visual impacts.

After extended discussion about precedent, property purchase expectations, and the limits of county authority, a board member moved to approve the application subject to the staff contingencies and forward the matter to the Board of County Commissioners for final action; Dan seconded. There is no roll‑call tally in the transcript. The board then closed the meeting and the applicant was advised the project will proceed to the county commissioners.

Details and clarifications drawn from the hearing: the application is CDP24‑001 (Penrose RV and Boat Storage) at 17225 State Highway 115; parcel size 1.36 acres; existing permitted garage about 900 square feet; proposed use strictly self‑storage for RVs and boats with pre‑engineered metal units; one access to SH‑115; applicant requested a waiver from sanitation/refuse; CDOT issued a permit but had not yet issued a notice to proceed or inspection release; staff listed required contingencies (hazardous spill procedure, CDOT release, approved noxious‑weed plan, fire hydrant installation, chemical toilet). The planning board’s recommendation will be considered by the Board of County Commissioners, which has final authority to uphold or rescind BOZA variances.

The board’s action was a recommendation to the Board of County Commissioners, not final land‑use approval; the transcript does not record a formal vote tally from the planning board.