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HomeMy WebLinkAbout1. PENROSE violation BCC Staff Report CompletePenrose Compliance Appeal Hearing BCC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Compliance Appeal Hearing HEARING TIME AND DATE: 10:00 a.m., October 7th, 2026 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building Conference Room, 421 Jefferson St., Afton, Wyoming Penrose Compliance OWNER: Steve and Eileen Penrose VIOLATION: Unpermitted structure in Right of Way Easement COMMUNITY PLAN AREA: Alpine ZONING: Rural PLANNER: Ken Kuluski PARCEL ID: 3619-232-00-257 & 3619-232-00-255 ____________________________________________________________________________________ PROPOSAL: A request for the Board of County Commissioners to assess a fine for the violation and order a remedy. LOCATION: Located approximately 4.6 miles south of the town of Alpine, Wyoming in T36N, R119W, Section 23. SECTIONS: 1. Project Background 2. Violation Recommendations 3.Fine Recommendations 4.Remedy Recommendations____________________________________________________________________________________ ATTACHMENTS: 1.Violation letter2.Aerial View of Property3.Certificate of Notice of Hearing (returned signed: 9/24/26) PROJECT BACKGROUND Per Wyoming Statute WS 18-5-201 (a). Authority vested in board of county commissioners To promote the public health, safety, morals and general welfare of the county, each board of county commissioners may regulate and restrict the location and use of buildings and structures and the use, condition of use or occupancy of lands for residence, recreation, agriculture, industry, commerce, public use and other purposes in the unincorporated area of the county. Penrose Compliance Appeal Hearing BCC 1. Planning Office staff discovered an obstruction in the roadway that may prevent use of a cul-de-sac and hinder Emergency Response Personnel. 2. Staff found an accessory building that may have been constructed in a platted easement. 3.. Upon review by the Fire Marshal, the gate was deemed to be acceptable if it remained open. 4. The owners had the property surveyed, which confirmed the building was constructed in the subdivision right of way. 5. Owners reside in Lincoln County seasonally and have been actively working with the County to come into compliance for both violations. DETERMINATION OF VIOLATIONS Per Wyoming Statute W.S. 18-5-204 violation of W.S. 18-5-202 (c); Continuing Violation No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in violations of resolution or amendment adopted by and Board of County Commissioners. Each day's continuation of such violation is a separate offense. 1. Owners violated the Ridgecrest Estates Plat by placing an accessory building (garage) in the platted right-of-way easement. 2. Owners violated Lincoln County Land Use Regulations chapter 7.3 by failing to obtain a Residential Use permit for the accessory building (garage). FINE RECOMMENDATION Per Wyoming Statue WS 18-5-206. Penalty for violations of W.S. 18-5-201 through 18-5-204. Whoever violates any provision of W.S. 18-5-201 through 18-5-204 shall be fined not more than seven hundred fifty dollars ($750.00) for each offense. Each day's continuation of such violation is a separate offense. 1. Each violation will be assessed at the rate of $750 per violation per year (rounding up). Violations began in 2024 and should conclude in 2027 for a total of three (3) years. Total fine amount: $4,500 to be paid to Planning Office in full by January 29th, 2027. REMEDY RECOMMENDATION 1. The owners shall file for an Amended Plat ($550) for Ridgecrest Estates’ that is compliant with Land Use Regulations by April 30, 2027. The owner shall obtain an Accessory Building Permit ($150) for the garage within 90 days of the approval of the Amended Plat. 2. If violation continues beyond the deadline established the matter will be referred to the County Attorney office according to Wyoming statute for continued enforcement. Office of Planning and Development Lincoln County, Wyoming Kemmerer Office Afton Office 925 Sage Avenue Suite 201 421 Jefferson St. Ste 701 Kemmerer, WY 83101 www.lincolncountywy.gov Afton, WY 83110 307-877-9056 307-885-3106 fax 307-877-6439 Date: October 15, 2024 To: Steven and Elieen Penrose Parcel # 3619-232-00-257 (227 Ridgecrest Drive) Mailing Address: 2032 WELLS FARGO DRIVE #461397 LEEDS, UT 84746 It has come to the attention of the Lincoln County Planning and Development office that you may be in violation of the Lincoln County Land Use Regulations and Wyoming State Law. As per our Land Use Table; Chapter 7, Page 17: Residential Zone allows dwelling and auxiliary buildings(s). Each day you fail to resolve this issue you are in violation of Wyoming State Statutes: 18-5-204. Violation of W.S. 18-5-202(c); continuing violation. No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of a resolution or amendment adopted by any board of county commissioners under W.S. 18-5-202(c). Each day's continuation of such violation is a separate offense. 18-5-206. Penalty for violation of W.S. 18-5-201 through 18-5-204. Whoever violates any provision of W.S. 18-5-201 through 18-5-204 shall be fined not more than seven hundred fifty dollars ($750.00) for each offense. Please contact county planning staff at the contact information listed above to resolve this matter, your response is requested within 14 calendar days of the date of receipt. Respectfully, Ken Kuluski Director Office of Planning and Development Ken.kuluski@lincolncountywy.gov (307)877-2106 Source: Esri, Vantor, Earthstar Geographics, and the GIS User Community±Date: 9/17/2026 1:1,128 0 0.01 0.020.005 mi ArcGIS Web AppBuilder Roads US Highways WY Highways County Roads Other Named Roads Municipal Roads Township and Range Lines Township and Range Lines Section Lines Section Lines © Lincoln County Microsoft, Vantor | Esri Community Maps Contributors, Lincoln County, WY, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS | This map is made possible through a joint effort of theOffices of Lincoln County Planning & Zoning and theAssessor's Office. This map is for locational andinformational purposes only. No depiction should beconstrued to be an official survey of land. Accuracy ofdata contained or depicted is neither warranted norassumed. Always contact a qualified surveyor forconfirmation of property boundaries.