A residence north of Westcliffe is reportedly some six-feet eight-inches over the county’s height restriction of 25 feet and now the zoning office and county commissioners are trying to rectify the problem.

The matter was discussed in length during the county commissioners’ regular meetings on Monday and Tuesday, Dec. 7-8.

In attendance were county attorney John Naylor, attorney Donald Belveal of Canon City and Colorado Springs representing property owners Bill and Pam Knoth, and zoning office director Jackie Hobby among others.

Hobby began by giving a timeline of events. According to Hobby, the zoning office received a written complaint regarding the matter in July 2008.

Upon initial investigation, said Hobby, it was also discovered the zoning permit on the construction of the Knoth residence and accompanying barn had never been closed out, and a compliance inspection had not been done.

The zoning permit was issued in February 2005. The Knoths moved into the residence in September 2006.

Also discovered, said Hobby, was that former zoning director Linc Lippincott had approved the building plans, including the overheight, in December 2003.

Hobby continued by saying a survey was completed in June 2009 and that the residence was overheight.

Soon after, said Hobby, she conferred with county attorney Naylor and a certified letter was sent to the Knoths stating they were out of compliance with the Custer County Zoning Regulations.

Hobby also said that as a result of the findings, the Knoths were asked to apply for an overheight variance.

According to Hobby, the Knoths declined to apply for the variance, stating the architectural drawings with the overheight were approved by Lippincott.

During Tuesday’s commissioners’ meeting, county attorney Naylor advised the commissioners to drop the matter, stating they could not compel the Knoths to apply for a variance or change the height of the residence.

Naylor said once the plans were signed off by a county employee and the structure was built, the commissioners could not go back and make changes.

Commissioner Carole Custer expressed concern that the county’s zoning regulations had been violated.

Hal Julsen, whose property adjoins the Knoths, said he was concerned proper zoning procedures had not been followed.

Valley residents Joe Arbuckle and John Brandenburg also expressed concern.

“Did Linc Lippincott have the authority to approve the overheight?” asked Arbuckle.

Arbuckle and Julsen noted it was the county’s board of zoning adjustment’s job to approve or disapprove any structure over the county’s 25-foot height limit.

Following discussion, the commissioners decided to let the zoning office proceed with a BZA meeting to discuss the matter in open forum.

However, the final decision remains in the hands of the commissioners.

Naylor told the commissioners that he did not think Custer County would win a court case if the Knoths chose to sue the county.

According to Naylor, the Knoths may chose to enter into a court case if the commissioners attempt to compel the Knoths to apply for a variance or alter the height of the house.

Additional information regarding the Dec. 7-8 commissioners’ meetings will appear in next week’s newspaper.

– Nora Drenner