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County mulls limits on temporary permits

Railroad’s summer events revives conversation on temporary use
“Who doesn’t like trains?” said Alex Maryol of Santa Fe as he warmed up for his performance on the July 2012 Durango Blues Train at the Durango & Silverton Narrow Gauge Railroad & Museum. On Monday, the railroad received a temporary-use permit giving it the OK to operate its special trains to its events center in the Animas Valley.

The La Plata County Planning Commission recently approved a temporary-use permit for the

Each year, the railroad applies for a temporary-use permit for summer activities at its event park in the Animas Valley. The permit allows the railroad a week of activities in June and three, three-day weekends in July and August.

But the approval sparks discussion about whether D&SNG and similar special cases should not be required to obtain a permanent land-use permit if the request is a yearly occurrence.

County staff members are considering a policy with a three-year limit to apply for temporary-use permits, after which an applicant would need a Class II land-use permit, which is for permanent facilities and requires sewer and water access.

That costly investment would be absurd given the railroad’s limited activity in the summer months, said railroad owner Al Harper.

“Why would I spend a quarter of a million on something that’s used a limited number of days out of the year?” he said. “I have temporary water facilities, and it’s worked fine. The county is just figuring out the puzzle of how we handle zoning of repeated special events.”

This year’s conversations about appropriate permitting for seasonal use applicants, like the train, echoes previous ones. As the county looks for solutions, Harper said he spends about $5,000 each year to hire staff to handle the temporary permitting process.

The train also holds a special-use permit, which authorizes seven weeks of activities like Polar Express in the fall and winter.

Amy Huff, an attorney representing County Road 203 resident Ray Jazeski, told planning commissioners a similar, permanent permit should also apply to the train’s summer events.

“We’re not opposed to the train. It’s about what county code allows planning to approve, and whether there are reasonable conditions,” Huff said. “I think it’s a slippery slope, and not a good precedent for the county to set.”

Jazeski echoed those comments to the planning board, and said three, three-day weekends a month is “a bit outrageous” and disrupts the peace and quiet for Animas Valley residents.

County commissioners had the opportunity to request reconsideration of the planning commission’s approval of the train permit, but unanimously decided against it.

“If your impacts aren’t changing, and safety issues aren’t changing, why would we make someone get a Class II?” County Commissioner Julie Westendorff said.

Approval of the temporary-use permit gives the OK for the train to hold its summer events as the county examines changes to its code structure.

jpace@durangoherald.com



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