Staff recommends amnesty relief for White property’s setback violation; determination to be issued within 15 days

Planning staff recommended granting amnesty relief for AM2026‑002, an application by Raymond and Colleen White for a detached garage with a south side yard setback of about 9 feet rather than the required 25 feet in the Rural Residential zone at 3692 Arapahoe Drive.

Staff explained amnesty relief provides assurance the borough will not pursue enforcement on specified zoning violations if eligibility criteria are met. Staff reported the lot was created in 1985 and that construction of the detached garage began in August 2009; evidence cited included two notarized letters from individuals who helped with the concrete work and assessing notes that recorded the structure. Staff said the violation did not qualify for legal nonconforming status but did meet amnesty criteria, that the encroachment (a 9‑foot side yard versus a 25‑foot requirement) represents a 64% encroachment but would not reduce the side yard to less than three feet, and that the department mailed 145 required notices with no responses.

"Amnesty relief means relief from any enforcement of certain existing violations of the zoning title," staff said, and recommended granting amnesty relief for this structure. The presiding officer asked whether the garage encroached into a utility easement; staff said he had not caught that detail and did not confirm whether an easement is affected. Public testimony was not offered for the case.

Next steps: The department will issue an administrative determination within 15 calendar days of the hearing; that determination may be appealed to the planning commission or clerk’s office within 15 calendar days of the determination mailing.