Board of Adjustment approves setback adjustment to legalize two historic barns on CR 43

The Routt County Board of Adjustment on April 13 approved an adjustment allowing two existing barns on a parcel along County Road 43 to remain closer than the 80-foot road centerline setback, with approved setbacks of 66.3 feet for the north (pole) barn and 65.8 feet for the south (framed) barn.

The change, requested by Michael and Jessica Hofschulte through Yampa Valley Engineering as application PL2026004, was intended to bring the barns into conformance so the owners could pursue a separate permit for a secondary dwelling unit. Michael Hofschulte said he discovered the encroachments when attempting to obtain a building permit and requested the adjustment to legalize the existing agricultural structures.

Staff planner Greg Jaeger recommended approval after reviewing the parcel’s history and site constraints. Jaeger said the south barn dates to about 1910 and that both the 2000 addition to that barn and a pole barn built in 2000 encroach into the 80-foot centerline setback while complying with the 50-foot property-line setback. He presented a site plan, lidar showing a former streambed, wetland mapping, slope mapping (areas over 30%), and photographs, and noted one letter of support that raised concerns about inconsistent enforcement of nonconforming structures. Jaeger told the Board that "within three months of approval" had been added to the suggested condition requiring the owners to submit a letter confirming agricultural-only use of the barns.

Board members asked for clarification. George Blau confirmed that the 2000 addition increased the older barn’s nonconformity; Planning Commissioner David Hoffman asked about permit requirements, and Jaeger reiterated that structures used solely for agricultural purposes are exempt from building permits, but a change of use would trigger permit requirements.

In deliberations, Brian Kelly said the County typically addresses illegal nonconformities when a property owner applies for permits and related research is required, rather than proactively seeking out past nonconformities. Blau noted the importance of consistent enforcement because prior unaddressed nonconformities can be cited in litigation.

Mr. Kelly moved to approve PL2026004, citing seven findings of fact including unusual topography and a narrow buildable area caused by a stream adjacent to County Road 43, and that the requested adjustment represented the minimum deviation necessary. The Board attached three conditions: (1) within three months the property owner must submit a letter to the building department stating they understand the barns are exempt as agricultural buildings and will not be used for residential storage inconsistent with that classification; (2) approval is specific to the submitted plans and any increase in nonconformance requires a new application (minor non-increasing changes may be approved administratively); and (3) all associated development (lighting, signage, utilities, stormwater, access, parking, landscaping/revegetation, and snow storage) must meet applicable Chapter 3 UDC standards.

George Blau seconded the motion. The Board voted 5–0 to approve the adjustment, with Chairman Don Prowant voting yes. The Board also approved a separate Sunshine Law resolution by the same 5–0 vote later in the meeting. Assistant Planning Director Alan Goldich reported that Board hearings are scheduled in May and June. The meeting adjourned at 6:30 p.m.

Notes: The Board’s approval legalizes the existing barns only so long as they remain in agricultural use; a change of use would require permits and potentially a new application for any increased nonconformance.