A Log Hill couple who owns property located across the road from the large Fairway Pines subdivision on Log Hill Mesa is seeking an exemption from visual impact regulations pertaining to 3.7 miles of roadway north of Ponderosa Drive, including their own parcel of land nearby. Randal and Deborah Fischer are awaiting an August 22 findings of fact from the Ouray County Board of Commissioners, which, if favorable, will lift a regulation in Section 9 of the Ouray County Land Use Code "Criteria and Standards." The regulation requires significant screening for homes built on the Fischers' tract of land, should they elect to apply for a subdivision of six-acre home sites.

The Fischers have maintained that conditions in their neighborhood have changed drastically over the last twenty years, now that more than 600 lots have been approved or built in six different plats within the Fairway Pines subdivision, now at approximately 25 percent build out. The subdivision is situated east of County Road 1 in a heavily forested area zoned with higher density, averaging one home per 1-2.5 acres. The Fischers own a tract of land across the road from Fairway Pines to the west that is zoned at the lowest density allowed, of one home per 35 acres. They contend that the combination of BOCC approvals, zoning and the existing point system has resulted in a "pretty substantial inequity."

At public hearings on July 11 and August 8, commissioners entertained public comment from residents of Log Hill Mesa. A favorable decision by the county would enable them to build above-average or large-sized homes. Under the current law, homes that size have prohibitive landscape screening requirements and would most likely not get approval based on the point system already in place under the county land use code.

Some residents on the mesa feel the law should be left alone. "This exemption may open up analogous arguments for other zone boundaries in other parts of the county," said Log Hill resident Rene Tegtmeyer, a retired attorney. "And Fairway Pines would want to then raise height limits eventually in reaction to (larger) developments on the west side of County Road 1."

Newly appointed commissioner Kristi Westfall looked up the title history in the boundary area and reminded the Fischers that the large development of Fairway Pines was consistent. "The purpose of the Master Plan of 1986 is the same as the revision of 1997, almost exactly," she said.

"I see two basic inequities," BOCC chair Don Batchelder said. "First, allowable building size within or without the visual impact regulations – I think you do have a point there. I think the quantified point system, however, works better. The second inequity is created by varying zones. You have to create a line… So how do you create a zoning situation without inequities?"

The commissioners reviewed staff reports, public comment and discussed the code at a workshop on August 15. They will release their findings next week.

Solar Panels Must Move

The Ouray Board of County Commissioners formally issued an order to Ed and Jil von Delden to move solar panels from below the edge of their Unit IV Log Hill escarpment home site. The von Deldens have 60 days to appeal the order, or the panels must be removed by October 15. On August 1, the BOCC told them that they could relocate the panels elsewhere on their lot, subject to oversight by the Unit IV Architectural Control Committee. Part of the controversy centered around the fact that putting up the panels required a county building permit, but the county wouldn't issue one until the ACC approved the location and configuration of the panels.

More EMS Needed on Log Hill

Norm Rooker, Chief Paramedic for the Ouray County EMS department, reported that emergency services on Log Hill Mesa will expand with the addition of a third volunteer ambulance in the area.

"In 2004 there were only six requests for EMS for the entire year in the Log Hill/Fairway Pines area," said Rooker. "This year we have already had ten responses to that same portion of the county."

The service will also be holding a First Responder Course through the Delta Technical College during October. "This will be for a number of OC EMS drivers who have requested additional training to be able to more fully assist in patient care on EMS runs," said Rooker. "It is also for a number of citizens in the Log Hill, Fairway Pines, Colona area to resurrect the Ouray County Rural Responder Program."

Ouray City Brief: Neighborhood Electric Carts OK'd