The Fremont County Commissioners heard more than an hour of public comment Tuesday before tabling any action on a proposed amendment to the county’s zoning resolution dealing with contractors’ yards.
Planning and Zoning Director Bill Giordano said after a public hearing was continued on October 12th, letters were mailed to 99 contractors in the unincorporated area of Fremont County inviting their input on the proposed changes. Giordano noted that the proposed amendment is not intended to prohibit small contractors’ yards in rural residential areas, but to actually bring them into compliance in several zoning districts where they currently are prohibited. Several contractors appeared Tuesday echoing a common theme that many individuals operate small contracting operations from their homes as a way to survive in these tough economic times.
County Commission Chairman Ed Norden said the board is keenly aware of the need to allow such operations to continue but to determine what limits should be applied when contractor’s operations begin to infringe on the rights of their neighbors. Norden said the Commission already realizes that one size does fit all because a contractor’s yard operating as a home occupation on 4 ½ acres at Penrose would be viewed completely different by their neighbors compared to a similar operation on a one acre lot in Lincoln Park or Howard.
David Higginbotham of Mountain Plumbing and Heating along Field Avenue north of Cañon City said he’s always worked out of his home and said he emphatically supports the amendment to give him the ability to conduct business. He said he also needs to be able to temporarily store old water heaters, furnaces, and other fixtures until he can dispose of them. But his neighbors, Bob and Laura Hartzman, said the amendments will further negatively impact their property. Hartzman questioned how an operation with commercial deliveries and commercial vans responding to customer service calls could be allowed to operate in a residential area without a conditional or special review use. Hartzman said the Commissioners need to explain how to allow separation between residentially zoned and commercially zoned property when people are allowed to operate commercially as home occupations.
Sheila Bergamo of Penrose and John Province of Cañon City related their personal experiences in operating contractors’ yards as home occupations. They both said that restricting contractors’ yards to a 1,000 square foot fenced area would be a very small area to operate in. Bergamo and Province said if contractors’ operate in a neat and orderly fashion they usually don’t produce any complaints from neighbors.
Ken Houston said he has a backhoe, excavator, trucks, and several trailers on his property in the Copper Gulch area where he picks up odd jobs all year long just to earn a living. Houston said his equipment is hidden out amongst his trees and has never had any problems with neighbors. He said it would be difficult and cost prohibitive to fence in everything. Asked how many other people in the Copper Gulch area might have similar contracting equipment to earn a living, Houston said “pretty much everybody”.
After listening to the public’s concerns the Commissioners voted to table consideration of the 3rd amendment until November 23rd. District 2 Commissioner Larry Lasha said every area of the county and every neighborhood where contractors operate as home occupations may pose a unique set of problems. He said the board will attempt to sort out all of the issues and come up with possible solutions.
The Commissioners indicated that if the Board and county staff come up with alternative language in the contractors’ yard amendment then those proposed changes will be highlighted in the document that is posted on the county’s home web page at www.fremontco.com prior to November 23rd.