A resident living in an area near Oak Creek who has wanted the town to annex his property has been told by the Routt County Planning Department to comply with county zoning regulations.
Property owner Rick Reynolds has a house in what is known as the James Addition or the South Arthur area near town. The area is along South Arthur Avenue west of town and south of Colorado Highway 131.
In 2000, Reynolds submitted an application to have his property, along with about nine other small lots, annexed by Oak Creek, Town Clerk Nancy Crawford said.
At the time, no homes had been built on the land.
But because owners did not follow through with the annexation process, the land remained in Routt County.
Crawford said the Oak Creek Town Board of Trustees has been supportive of the annexation, but needs the required documents to go forward.
Paperwork, along with involvement of an attorney -- which could cost about $4,000 for the group of property owners -- are required, she said.
A few homes, including one owned by Reynolds, have been built on the lots. Because none has been annexed, they are out of compliance with Routt County zoning regulations.
County rules say homes must sit on a 35-acre lot unless a variance is obtained, said Routt County Planning Director Caryn Fox.
"(Reynolds) is in a bad position because he doesn't have approval through the county, and he doesn't have approval through Oak Creek yet," Fox said.
In a letter dated Nov. 3, Fox advised Reynolds to apply to the Routt County Board of Adjustment for approval of nonconforming setbacks in the agriculture/forestry zone district.
She said she also is recommending that he combine the small lot on which his home sits with his larger bordering lot to come closer to complying with lot-size requirements.
No recommendations have been made to owners of the other lots, which range in size but typically are about 50 feet by 125 feet.
"These were created as part of the town, and that's why we'd like to see them annexed," Fox said.
"The best thing would be if people over there could go ahead and move forward with the annexation."
Crawford said the town would be willing to move ahead with it "if we just got what we needed to get started," she said.
Reynolds said he had no comment on the situation.
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