A small lumber company owner was warned Tuesday to remove commercial equipment and cease activity on his property off U.S. Highway 160, or invite legal action from La Plata County.
Studs Lumber founder Russ Gartner and the county have wrestled for months over obtaining a class II land-use permit. Gartner insists the process is convoluted. The county maintains Gartner has disregarded county code requirements.
In March, county legal staff advised the commission to consider pursuing litigation against Gartner for continued code violations. County commissioners agreed Tuesday to suspend legal action pending the review of Gartner’s permit applications unless he further violates county code.
Studs Lumber formed in 2014 as a home-based business off County Road 126, and was given notice to obtain a commercial permit last fall as Gartner made plans to expand on a new site off Highway 160.
County code enforcement inspected both of Gartner’s properties Monday and reported that all commercial equipment and materials have been removed from the County Road 126 premises, as requested. But equipment remains at the Highway 160 location, which is an outstanding violation.
The county also said that Gartner has exceeded site work allowed by the Colorado Department of Transportation.
With a permit from CDOT, Gartner was allowed to pursue road access to the Highway 160 site, and cleared that with the county. But site work went beyond what is necessary to construct a driveway, county attorney Kathleen Lyon said. “The CDOT permit applies to access. Other site work in the way of excavation is considered development under the county’s code.”
County Commissioner Brad Blake, a business owner, said he sympathized with Gartner’s plight, but it’s because of Gartner’s lack of compliance: “You can’t just do what you want.”
Gartner told The Durango Herald on Tuesday that he is operating in a neighboring county but will continue to pursue a permit in La Plata County to “prove the commercial viability” of his land.
“We’re looking forward to continuing our investment in this community,” Gartner said. “We’re pretty excited to be accepted by the government as we have been accepted by the local contracting community. At this point, I can’t recommend opening your own business. It’s impossible. In retrospect, I’m not sure I would have done it again, but we’re going to be a valuable asset to the industry locally.”
It is unclear where Gartner has registered to operate Studs Lumber.
He did not disclose where he had taken his business. Archuleta and Montezuma county officials said Studs is not registered with either county. Calls to neighboring cities were not immediately returned.
Next month, the county will review Gartner’s application for a temporary use permit, which would allow him to operate for 120 days. He also has submitted an application for a class II permit, which will be reviewed at a later time.
jpace@durangoherald.com
