John Scarffe, Gilpin County.  Variance requests for a barbecue food truck and a writer’s studio were denied during a regular

meeting of the Gilpin County Board of County Commissioners at 9 a.m. on January 9, 2018, at the Central City Hall. The Board also heard an update on the We the People trials.

County Planner Daniel Horn presented a variance request for Chad Manley, Manley’s Barbecue, Inc., to build a 408-square foot mobile vendor stand at 15107 Highway 119. County zoning prohibits any mobile business in excess of 180 square feet.

Manley will need to be classified as a Commercial Commissary, and a 180-square- foot mobile unit would not qualify. In his application, Manley said he is in the process of building a mobile commercial kitchen in conjunction with the Gilpin County and Jefferson County Health Departments.

The company needs to be classified as a Commercial Commissary to eliminate the need to report to a Certified Commissary Kitchen, which is required for any mobile vendor or stand not classified as a Commercial Commissary, Manley wrote. No such commissaries are within 40 miles, and they would have to report twice a day.

Such classification will also qualify Manley’s to be certified for disaster relief under the guidelines of state and federal governing bodies, including the U.S. Forest Service and the National Interagency Fire Center.

Manley told the Board that he has been in business for 10 years as a catering and wholesale smoked meat business. He is looking to add another food option for Gilpin County residents.

Under current codes, the size of the trailer is very restrictive as far as functionality for the community, Manley said. They operate out of limited space and operate as a full kitchen, providing a good food service. When operating as your own commissary, you have requirements that cannot be built within the current code.

“We can qualify as our own commissary and have modeled after those specifications, and that’s the reason to apply for a bigger space. The second reason for building this size of trailer is we want to double this as disaster relief.,” Manley said.

“To qualify to do that it has to meet certain specs,” Manley said. With this facility at the proposed site, it can double if there is a big fire and can provide 600 meals a day out of this resource. It would fall under mobile code and could relocate where most needed.

Board Chair Ron Engels asked if he had coordinated with Sgt. Kevin Armstrong, County Emergency Manager. Manely said the guidelines are very elevated, and he is working with Armstrong right now because they don’t have a food relief option in place. They are working together so the Sheriff’s Office knows what they are capable of.

Commissioner Linda Isenhart said she thinks it’s a great idea to have a food van, and it’s a good location. Manley said they do have septic and will have to provide restrooms as a drive through, walk up and pick up window. They will be required to have sanitation on site, which will be a nice port-a- potty. They can also accept call in and online orders. “We’ve worked out the flow of traffic on this site so we’re not impeding on traffic,” Manley said. Regarding signage, the other current occupant,

Underground Liquor, does not have a sign up right now, so they will share a sign with them. They will be going through the Planning Commission and advertising on the trailer.

Engles said that this is far bigger than a “roach coach” and he’s probably not going to move it at all.

“You’re not really asking for a mobile thing here and I’m wondering where we’re going with this.”

County Manager Leslie Klusmire said the location of the closest commissary is not a variance exception. “We have a Special Use Permit for this and I don’t think a variance is appropriate for this.” If the County doesn’t have a food truck permit, they’re going to have to pass that.

Engles said that one of the things that triggered this request was that the mobile kitchen is over 400 square feet, and he would like to understand why 180 square feet is the maximum.

Klusmire said that 180 square feet is permitted and then applicants have to go to the special use process and put conditions on it to accommodate the size, such as more parking. The County will have to make a zoning amendment to accommodate.

The Board denied the variance request with instructions to staff to come back with a zoning regulation. County Development Director Stephen Strohminger presented a variance request on behalf of Mark Regan and Jamie Shaak to build a detached 441-square- foot ancillary dwelling with living space on two floors, on a parcel of two acres or less.

Zoning regulations allow ancillary dwelling units on lots of two acres or less only if they are attached to the main building or above an outbuilding containing no first-floor living space. Regan is making the request to overcome exceptional slope and topography.

Attaching the structure to the existing dwelling could cause damage, adversely affect drainage and would require removing the rock retaining walls used to contain the cut and fill for the dwelling. Regan told the Board that he moved here two years ago and lives in Missouri Lakes as a writer, working remotely with a company based in Chicago. He wants a working writer’s studio in the back of his lot.

It would be 50 feet from the house, and he could walk up steps onto a ledge. Has a 10-year old daughter who loves pottery and wants to do her pottery projects in the studio as well.

It would have heat, shower and a toilet, so it is classified as a dwelling unit but would not have a bedroom or place to sleep. His Homeowner’s Association has approved this, and no neighbors have an issue with this.

Regan is willing to put a restricted deed on the property so they have no intention to live in it as a dwelling place. He will use it for writing and that’s it, but he wants it to be a comfortable, cozy space with a wood stove. It will hook up to the septic system.

“We’ve had septic and everyone out to look at it but wanted to come to you first and the HOA,” Regan said. Engles asked what options he had that wouldn’t require the variance. One would be to have the space attached or to have a garage below it.

Regan said that the cost would exceed his budget, and he already has a garage. Engels asked if cost is a viable reason to consider granting a variance.

Janet Anderson, speaking on behalf of Regan, said the expense is the landscape, because it is situated on the hill and has retaining walls. The expense is the contours, topography and exceptional slope on 1.16 acres.

Engels said the Board would be setting precedent by allowing this. Are we okay with that? “I don’t have a lot of deep history on what was the thought process for the two acres.”

County Attorney Jim Petrock raised a question about the well. They need to confirm that you can serve from one well to the other structure. Anderson said that the water is coming from the house.

Petrock said that well permits don’t usually honor two structures.

Commissioner Gail Watson said that if it has no kitchen that would be better. Strohminger said it has a sink and food service. Regan said that the shower may have pushed it over.

Watson said that they are understanding that we are having a housing issue and have more than one residence on a property, but we would be setting a precedence. “I think it’s a beautiful studio but concerned it is just a small house.”

Engels said that the applicant has options that wouldn’t require a variance, and the Board voted to deny the variance. It will now go to an approved ancillary structure.

Petrock updated the Board on the We the People trials. Yesterday was the third trial of the We the People group. Laurence Goodman, defendant, was one of the foremost members of this group.

Goodman had multiple litigations and was one of the main leaders. He actually retained legal counsel because he has seen the results of the alternative, the possibility of receiving a 30 year sentence, as several other group members have, Petrock said. The trial has been continued until May.

Previously, six people were indicted for harassing and intimidating officials, and two trials have been set for September. Denver County resident Stephen-John Nalty presented a Consensual Commercial Lien and Ledger and bill of exchange for $254,708,582.24 to the Gilpin Commissioners at the June 28, 2016, meeting.

Materials presented to the Commissioners and County Attorney Petrock claim that Gilpin County officials, including the sheriff and a judge, have not paid and filed a personal recognizance bond required by the law and the Constitution. The filing charges Gilpin County Sheriff Bruce W. Hartman, Judge David R. Gloss and Petrock with wrongful dishonor to the bill of exchange, dated July 10, 2015. Most of the materials presented to the Commissioners comprise an alleged indictment of Hartman and Gloss by the People’s Grand Jury in Colorado.

Counts five through eight allege that on May 21, 2013, Hartman, with force of arms, trespassed and entered the private property of Laurence Goodman. Hartman conspired in the theft of money, art works, rare books, family heirlooms, photo albums and research work of priceless value.

The FBI has been investigating those who filed this lawsuit and has been following these people for years. A statute makes it criminal to try to influence public officials with threat of violence or economic retaliation, and they have tried to collect from public officials in 20 other counties, Petrock said.

(Originally published in the January 18, 2018 print edition of The Mountain-Ear.)