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Mesa County denies homeowners' appeal; upholds Pivot Energy service agreement as basis for site-plan approval

Mesa County Board of County Commissioners
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Summary

The Mesa County Board of County Commissioners denied an administrative appeal from the Sobrio/El Rio Homeowners Association challenging whether a Sheriff's mutual-aid letter or county-attorney opinion could satisfy fire-protection requirements for Pivot Energy's community solar site plan. The board concluded the existing service agreement with East Orchard Mesa Fire Protection District met section 8.1(b)(1) of the county Land Development Code and denied the appeal, 3-0.

The Mesa County Board of County Commissioners voted 3-0 on March 10 to deny an administrative appeal by the Sobrio/El Rio Homeowners Association challenging the Planning Division's approval of the Pivot Solar 49 LLC and Pivot Solar 69 LLC site plans.

Planning staff presented the administrative record and said the approval was supported by a service agreement between Pivot Energy and East Orchard Mesa Fire Protection District. The appellant's attorney, Andrew Atkins, argued the record erroneously treated a sheriff's mutual aid agreement and an earlier county-attorney opinion as sufficient…

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