Routt County board approves 121-foot variance to let new primary home sit outside floodway

The Routt County Board of Adjustment on June 8 approved an adjustment allowing a 421-foot separation between a primary and a secondary dwelling at 25365 County Road 33A, permitting a 121-foot deviation from the 300-foot maximum required by the Unified Development Code.

Paul Sacks, representing the applicant, told the board the existing dwelling on the 35-acre parcel was built in 1919, is under 1,000 square feet and remains in the FEMA-mapped floodway; the applicant proposes a new primary residence at the closest buildable location that is not in the floodway. Assistant Planning Director Alan Goldich presented aerials, site and floor plans, and photos and said staff supports the requested adjustment.

The board based its decision on a written set of eight findings of fact, including that strict enforcement would impose an unreasonable hardship because the legally existing 1919 dwelling lies within the floodway and that the proposed placement outside the floodway is the minimum deviation necessary to allow reasonable use of the property. The findings also state the adjustment would not confer an unfair personal convenience, would not diminish adjacent property values or character, and that the hardship was not created by the current owner.

Goldich explained that Routt County’s Unified Development Code requires finished floors in the floodplain to be elevated two feet above the base flood elevation and that no rise in the base flood elevation is allowed in the floodway, which generally precludes construction within the floodway. He confirmed the proposed site is in the floodplain but outside the floodway and noted that, because the existing dwelling is under 1,000 square feet, it qualifies as a secondary dwelling under county rules.

Board members asked about alternatives. Don Prowant asked whether the existing structure could be moved; Goldich said relocating a structure sited since 1919 would be an unreasonable hardship. Todd Pedersen asked about driveway access; Sacks said the new dwelling would use the existing driveway and Goldich said the UDC requires primary and secondary units to share access. Goldich also said a waterbody setback permit and a floodplain permit will be required prior to issuance of a building permit and that waterbody setback permits are processed administratively.

Brian Kelly moved to approve PL2026036, and Don Prowant seconded. The motion carried 5–0. Conditions attached to the approval include: commencement of construction within three years or subject to new review (per Section 4.9.B of the UDC), strict adherence to the submitted plans (with minor non‑conforming changes allowed administratively), a certified survey of foundation form locations before Planning signs off on a full building permit, required waterbody setback and floodplain permits before permit issuance, and compliance with Chapter 3 development standards covering lighting, utilities, stormwater, access, and landscaping.

The Board also noted the parcel’s subdivision history: an original 75‑acre parcel was subdivided, which reduced available buildable area outside the floodplain and informed the Board’s hardship findings. Assistant Planning Director Goldich told the Board the Planning Department will not issue a floodplain development permit for construction within the floodplain if buildable areas exist on the property outside the floodplain.

The meeting adjourned at 6:35 p.m. Assistant Planning Director Alan Goldich announced attorney training on June 18 and the next Board of Adjustment meeting scheduled for July 13.