The Public Hearing on high alpine residential and commercial development on mining claims will take place on Sept 13, Tuesday, at 6 pm a the Ouray Community Center.
There is a legal opinion from Paul Kosnik, an attorney from Durango. He is an expert in land use law and used to be the legal council for La Plata County. Attached is his legal opinion on the”takings issue” that he has submitted to the BOCC on behalf of ROCC. Overall his opinion is that no takings argument exists because all mining claim parcels will still have economic value. Mining rights are being preserved in the proposed county code for residential building in the high country. So all parcels will still have “economic value”.
It’s crucial that supporters from the community speak on behalf of preserving the high country from dense residential development. Your voice is needed at this hearing. Please plan to attend and testify.
Here are some key parts of the proposal that you may wish to address in your comment:
. Outright banning of building in the tundra ecosystem is the most important provision to support.
. The section on Purpose and Intent of these regulations is well thought out and appropriate. However, the proposed minimum parcel size of 5 acres is not representative of this purpose and intent. Previous BOCCs decided that high alpine zoning should be one dwelling per 35 acres, thus wisely choosing to preserve the most precious commodity that this county has. The kind of density that could result from 5 acre parcel sizes would seriously and permanently scar this legacy. We don’t get do-overs once things are built.
. Structures as large as 2500 sq ft also conflict with the stated purpose and intent since they will certainly not resemble rustic cabins that have historically been part of our mining history in this area.
Your presence and testimony are essential to a favorable outcome, but, if you cannot make it in person please email your thoughts to the BOCC by Monday ~ TODAY!: Hannah Hollenbeck at email@example.com