With little to fuss about lately, except amongst themselves, the county commissioners have devoted what seems like an inordinate amount of time discussing a non-issue: a residence several miles north of town that has a tower that exceeds the county’s height limit of 25-feet.

 

Like our county leaders, we don’t take overheight issues lightly. The building height restrictions have been on the books for  nearly four decades. The regulation has proven to be a simple and effective way to accomplish certain goals, not least of which is a way to preserve the Wet Mountain Valley’s incredible viewscapes. (The height restrictions were part of Custer County’s original zoning regulations, adopted in 1971; Custer was among the first of Colorado’s rural counties to put zoning rules in place. Besides preserving the views, there was an important safety consideration as well: the fire department’s ladders couldn’t reach any higher.)

 

The issue that has captured the commissoners’ collective attentions revolves around the home of Bill and Pam Knoth, located east of Highway 69 north of Westcliffe. They purchased the former residence of Bill and Stana Adler, and in 2005 a zoning permit was issued for new construction. The Knoths built a sprawling addition to the existing home, and the original plans — including the tower — were approved by former zoning director Linc Lippincott. While the tower does indeed exceed the 25-foot limit by about six feet, it is no higher than the original Adler home which sits at a somewhat higher elevation. Apparently  in approving the expansion, Lippincott used that existing residence as a benchmark. Lippincott should have insisted that an overheight variance be requested, but instead he gave the project his stamp of approval.

 

Following up on a complaint submitted in July 2008, the commissioners — current and past — have been casually mulling the matter. Finally this week, on the advice of county attorney John Naylor, the commissioners decided that in spite of Lippincott’s failure to have the matter brought before the board of zoning adjustment, there has been no underhandedness on behalf of the homeowners.

 

The lesson to be learned? Keep a more watchful eye on the zoning office, and demand a proper paper trail on all zoning matters. The commissioners can thank the Knoths for forcing the county into more transparent accountability.