HomeMy WebLinkAbout2.0 Finding of Legal Non-conforming StatusOctober 30,1997
Richard K. Stephenson, President
Roaring Fork Sand & Gravel
P.O. Box 1220
Carbondale, Colorado 81623
RE: Powers Pit - Asphalt Batch Plant
Dear Dick:
After reviewing your letter with Don DeFord, Corurty Attomey and firther review of the files in
this office, we both concru that the information you have provided would support your claim of a
nonconforming use status for an asphalt batch plant in the Powers Pit. Based on your
representations and some limited information in the file, we have no basis for challenging the
validity of your claim of nonconforming use for an asphalt batch plant.
There is a file under the Colorado Division of Mines, that includes a statement signed by W. C.
Milner, Building Official, that notes the gravel pit and the use of an asphalt batch plant in 1974
as a o'preexisiting and non-conforming" use. Your additional notations regarding use as far
back as 1964, add furttrer support to the contention of a nonconforrning use.
Unless someone can provide evidence to the contrary, any future inquiries regarding the ability to
place an asphalt batch plant in the Powers Pit will be advised that it is legal to do so. If you or
anyone elsi have any questions regarding the determinations made in this letter, feel free to call
or write to this office at your convenience.
GARFIELD COUNTY
Building and Planning
Building & Planning Department
109 8th Street, Suite 303 945.82121?f,5-7972 Glenwood Springs, Colorado tl60l
0CT-29-97 l,lED 03 : 21 RFS&G/GI{COlRFA/RFR FAX N0, 9709631311 P,02/02
ROARING FORK SAND & GRAvEt
October 29,1997
Mark Bean
Garfield County
l0r g'h sr.
Glcnwood Springs, CO 8160I
Dcar Mark;
The Power's Pit has a long history of asphalt planrs ancl asphalr storage beginning in 1964.
The Ct>lorado Department of Highways userJ this pit for the asphalt on Highway 82 between
Carbondale and Glenwood Springs and Highway 133 from Cabondale ro [-,. top of McClure
Pass. In 1979 Roaring Fork Sand & Glavel took over the MLRB permit. There has been asphali
stored and used on sitc every sllmmer since that date. Since t 979 contractors that have made
asphalt in this gravel pit are, Elam Constnrction, GMCO Corporation, Com Construction. peter
Kcwit, Brasser Construction and Sims Construction. The Colorado Department of Transportation
has also used this pit a nunrber ol'rimes f,r patching Highway gz ano ir:.
It is our intention to continue our long ongoing asphalt production from this pit as long as there isgravel.
Sincerely,
/, 4 //-
Yichard K. Stephenson
PO. Box L220 o 74156 Htghway82 . Carbondale, COg1623 . (303) 913i3516. FAX963_1311
President