The Gilpin County Commissioners imposed Stage 1 fire restrictions during a regular, virtual meeting at 9 a.m. on Tuesday, June 21, 2022. The Board also passed an Intergovernmental Agreement with the City of Black Hawk regarding admission to the Gilpin County Community Center, and memos of understanding for child care and Colorado Works. They also approved a variance request for a garage as well as appointing a County surveyor.

In the absence of Chair Sandy Hollingsworth, Commissioner Web Sill ran the meeting.

County Attorney Brad Benning introduced a resolution imposing temporary Stage 1 fire restrictions. Sill noted that this was the third time this year they have done this.

Benning said the resolution has been beefed up since the last one. Fire is the number one danger, so violations could result in jail time, and he wanted to highlight that. Restrictions went into effect on June 15.

According to the resolution, the Board of County Commissioners is empowered. to impose fire bans or restrictions in the unincorporated areas of Gilpin County as deemed necessary based on competent evidence of high fire danger. Because of extremely dry fire conditions prevailing recently, an emergency exists.

The Commissioners have deemed it necessary and appropriate that temporary Stage 1 fire restrictions be imposed upon determination of such emergency by Gilpin County Sheriff Kevin Armstrong. These temporary fire restrictions supersede all previous fire bans or fire restrictions and any violation of the prohibitions set forth in this resolution “shall subject the violator to the civil infractions, liabilities, criminal prosecution, criminal penalties, payment of restitution and imprisonment to the fullest extent of the law.”

The United States Forest Service will prosecute, and directly or in partnership with the Gilpin County Sheriff’s Office, arrest and charge violators of United States Forest Service fire restrictions. Violations are punishable under federal law as a class B misdemeanor by a fine of not more than $5,000 for an individual or $10,000 for an organization, or imprisonment for more than six months, or both.

Sill said the sheriff recommends and sets the restrictions, and the Commissioners then must approve them. Benning said the ruling is posted on the County websites with all requirements. The Board approved the resolution.

Gabrielle Chisholm, Parks and Recreation Director, introduced an

Agreement (IGA) with the City of Black Hawk for free resident access to the Community Center. She said the City approached us, and County Attorney Benning looked over the proposal. The City of Black Hawk would like to have its residents have free access to the Community Center and youth leagues in exchange for $25,000 per calendar year paid by the City.

Black Hawk residents will register, and the Community Center will keep their names on file, after which they have access to the pool, track, and gymnasium. Youth can participate in leagues.

Black Hawk will pay $25,000 in 2022 and another $25,000 in 2023. Chisolm said it’s a “cool program” to get people into the Community Center. The Board approved the IGA.

Sill said the Board has other things to work on at the Community Center, including the food service. The Commissioners continue to hear complaints about the senior meals at the Community Center.

Human Services Director Laura Solomon introduced a Memorandum of Understanding (MOU) with the Colorado Child Care Assistance Program. She said it is an annual contract, but now they will be working with the new state Early Childhood Department.

The MOU states that Gilpin County agrees to follow all rules and regulations. It is mainly the same as in previous years. Commissioner Linda Isenhart said it is a wonderful program and keeps people working without worrying about their children

The allocation is for $80,983; the County’s contribution is 10 percent. The Board approved the MOU.

Solomon next introduced an MOU with Colorado Works. It provides Temporary Aid for Needy Families. It is the next step to implement policies the Board approved previously. Once again, they are agreeing to follow state regulations and make sure they are doing it in a customer-friendly way. The Board approved the MOU for the fiscal year.

As the Board of Adjustment, the Board discussed a variance request for a setback for a garage. Robert Gutierrez, Community Development Director, said Christopher Johnson at 110 Rocky Ridge Road in Black Hawk is seeking to vary from zoning district specifications to allow for the construction of a 1,200-square foot garage with a ten-foot setback from the property line, a variance of 20 feet from the required 30-foot setback.

“My intention is to build a detached garage of 1,200 square feet or 30’x40’ and the front right corner would be 10 feet from the line. The requested location will still follow the current setback requirements from all other property lines and the private Rocky Ridge Road. “The location I have designated for the garage already has a pad in place that would not require any further tree removal or excavation and would not create any disruption with the natural features of the landscape. Moving the building back 20 feet to comply with the 30-foot setback would require blasting part of the rock outcropping next to the home.”

Johnson continued, “This part of the property also starts to dramatically slope in this area. Currently the rock outcropping provides a natural slope that directs water down our property in an area that would be located 15 feet behind where I want to put the building. If I have to locate the building 20 feet farther back, that runoff will be going directly towards the building and would be difficult to redirect.”

According to the staff analysis, the size of the subject parcel is about 1.08 acres. The current structure on the parcel was constructed in 2006 and met current setback regulations at the time of

Staff visited the site on May 18, and observed a significant amount of rock formations and boulders on the site.

Two large clusters of boulders are located on the east and west sides of the home. Beyond a simple visual observation, it is difficult for staff to determine the feasibility of potential locations on the site for constructing a detached garage that meets the requirements of the zoning code.

A topographic survey of the site would be helpful in making this determination but the costs and burden of a topographic survey could prove to be significant for the applicant. Staff have sent notification of this variance request to the directly surrounding properties.

Staff spoke with one directly adjacent neighbor, Christopher Brooks, and he stated his support for approval of the variance. Staff have prepared a finding of fact based on the provisions of state law that allow for approval of a variance. It appears the basic conditions can be met for approval and that the approval of this variance would not prove detrimental. Staff are not making a formal recommendation on this petition.

Johnson said he does meet the requirements for the setback. He has a 1,300-square foot house and needs room for storage. The well is on the southern corner of the property, and the septic system is on the northeastern part of the property along with the leach field. He didn’t want to push the garage close to the septic and leach field.

Gutierrez said the garage can’t be larger than the home. He presented the facts and didn’t make a recommendation. Based on Colorado law, a planner went out to the site.

Johnson said the main reason for the setback request is that this is the only logical place to put the garage which will require no rock or tree removal. The Board approved the variance.

County Manager Ray Rears presented a proposal to hire a County Surveyor. He requested an appointment to hire former surveyor Corey Diekman, PLS. He would be appointed for a $4,200 annual cost, and Rears said he has a number of projects for him to work on. He was previously County surveyor and had done a very good job.

County Attorney Benning said he had a resolution for this. We are required to have a surveyor, but the Board can appoint the surveyor. He can provide services. He can also request other services for the County, which would be brought back to the Commissioners for approval.

The Board approved the resolution to hire a surveyor.

The next meeting of the Gilpin County Commissioners will be on Tuesday, July 5, 2022, at 9 a.m. For more information go to https://www.gilpincounty.org/ public_ meetings/bo_ c_ c_ meetings.