Residents on and near Rolling Road in Cortez disputed plans for the construction of a large garage behind a property at the end of the residential street. Despite their protest, City Council is going forward.
Councilors debated landowners’ rights and neighborhood cohesion before ultimately approving plans for the structure.
“If you don’t like what your neighbor is doing with his property, then you probably need to be in a more ‘HOA’ situation,” said Council member April Randle, addressing disgruntled neighbors.
On May 12, property owners on Rolling Road, Mike and Sherri Franchini, approached council with plans to build a metal garage for RVs and vehicles behind their residence. At 1,600 square feet, the garage would be twice the size of the normal accessory structures allowed by code in the Rolling Road area.
The Franchinis asked council to approve a conditional use permit, which would exempt them from the size restrictions imposed by city building code. Approval of a conditional use permit hinges on the compatibility of the proposed structure with the uses within its zone – residential in this case – and its lack of adverse effects on the area.
City Council received about 10 comments from neighbors opposing the construction of the garage, citing its potential to interfere with their views of Mesa Verde, its out-of-character appearance in the neighborhood and their belief its existence would decrease nearby property values.
“I’m being asked to accept what is essentially the visual equivalent of a commercial warehouse directly in front of our property,” said Emma Thompson, a resident across the street from the proposed structure. “I do not believe it is fair to homeowners who rely on the city's zoning protections when purchasing homes here in Cortez.”
Thompson added she purchased her property a year ago with the assumption that structures like the oversized garage – pictured black and metallic in renderings – would not be permitted in her residential zone.
The Planning and Zoning Commission recommended against approving the conditional use permit in alignment with the neighbors’ complaints, although the final decision rested with council.
City Council asked the Franchinis to provide further information of their plans, including a rendering of the proposed structure, and provided them weeks to adjust plans according to their neighbors’ concerns.
The Franchinis adjusted the planned position of the structure, moving it toward the southern end of their lot, which is on a downslope. Mike Franchini approached the council with updated plans Tuesday.
Still, neighbors opposed the proposed garages’ adjusted location.
One neighbor advocated adamantly for the freedom of the property owner to build on their own land.
Tensions in the room rose as the neighbor in favor shouted insults to the others before departing. Others tapped their feet and gazed anxiously at the council.
“You're passionate, but he’s accommodated,” Randle said to the remaining neighbors.
She suggested homeowners ensure their residences are located within a homeowners association – which those along and near Rolling Road are not – if they desired a consistent character to their neighborhoods.
The City Council granted the conditional use permit for the garage construction plans, with only Claire West opposed and Clarisa Osborn – who recused herself for a conflict of interest – absent. The Franchinis still must acquire a building permit and seek the approval of the city’s building official before breaking ground.
avanderveen@the-journal.com
