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Baumgartner appeal to reduce Cottonwood Creek setback denied after county staff finding of viable building envelope
Summary
A Chaffee County Board of Adjustment hearing ended without overturning staff’s denial of a request to reduce a 300‑foot Cottonwood Creek resource setback to 100 feet. Staff and an ecological consultant disputed significant environmental harm; nearby neighbors opposed the reduction citing wildlife corridor concerns.
Kurt Baumgartner asked the Chaffee County Board of Adjustment on Feb. 3 to overturn a staff denial and allow him to build a family home 100 feet from Cottonwood Creek. He said he and his wife bought the parcel in July intending to move from Denver and that prior infrastructure and a previous mobile home justified allowing a reduced setback.
"This isn't a development project… We're asking you to consider our specific circumstances and the information we have provided from our experts," Baumgartner said, asking the board to apply alternative compliance rather than a strict 300‑foot rule.
County staff recommended denying the request, saying the land‑use code requires demonstrating that a strict 300‑foot setback "precludes a reasonable building envelope."…
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