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Jefferson County board approves special exception for Golden home in geologic hazard zone over one member's objection
Summary
The Board of Adjustment granted a special exception allowing an addition, a new accessory dwelling unit and septic and access work at 3889 Easley Road despite safety concerns from one member; staff and county geologist concluded the changes would not significantly increase rockfall or slope-failure risk.
The Jefferson County Board of Adjustment voted 4–1 to approve a special exception for property owners at 3889 Easley Road in Golden to permit a house addition, replacement accessory dwelling unit and replacement on-site wastewater treatment system within the county's Geologic Hazard Overlay District.
Planner Ally McGaughey told the board the property is in the slope-failure complex for rockfall and landslide hazards and that the applicant submitted a professional geotechnical report and site plan showing the proposed work. The county geologist reviewed the report and inspected the site; staff concluded the improvements "will not significantly increase the danger" from geologic hazards and recommended approval subject to conditions in the staff report.
Pat O'Connell, the county geologist, explained to the board that the overlay districts are intended to identify risk and to require a relief process for work in those areas rather than an absolute prohibition. Geologic review, he said, focuses on whether a project would cause "a significant increase" in risk rather than an absolute elimination of risk.
Applicant Andrew Wynecht, who testified under oath, apologized to the board for beginning construction without permits and said construction has been paused since April 2024. He said the replacement septic was necessary because the previous system was failing and that the ADU would house family members. The applicant team also presented a geotechnical engineer, Beau Pearl, who described drainage and erosion-control measures and said foundation inspections and design criteria were met in the existing work.
Board members were divided. Several members said they accepted the professionals' findings that the proposed work would not significantly increase risk. Member Warrington disagreed, urging caution and stating the overlay was originally established to keep permanent structures out of high-risk areas; he voted against the exception. The motion to approve, made and seconded on the record, passed by roll call: Johnson Aye, Milovec Aye, McGaughey Aye, Warrington No, Chairman Lester Aye.
The board instructed the applicants to coordinate with their planner on conditions and next steps for building permits and inspections. The board's approval does not remove the need for building permits, geotechnical follow-up or any required inspections before occupancy.
