This Settlement Agreement (this Agreement ) is made and entered into to be effective as of the date this Agreement is recorded in the land records of Teton County, Wyoming, in the office of the Teton County Clerk (the Effective Date ), by and between Teton County, Wyoming (the County ), the Contestants, Sally Stevens, Brooke and Mackenzie Walles, and Steven and Carol Poole, and their successors and assigns (the Contestants ) and James A. Roscoe, ( Owner ), and his successors and assigns. Recitals: WHEREAS, the Contestants appealed the Teton County Planning Director s Zoning Compliance Verification decision ( ZCV ), by appealing to the Board of County Commissioners of Teton County, Wyoming, pursuant to Section 5180 of the current, 1994 Teton County Land Development Regulations, as amended ( LDRs ), in the case filed with the Board of County Commissioners, State of Wyoming, County of Teton, Docket No. 14-0002; WHEREAS, James A. Roscoe, is the owner of the property at issue, which is located at 1050 North Fall Creek Road (PIDN 22-41-17-22-3-00-032) in Teton County, Wyoming, (the Property ); WHEREAS, on June 5, 2014, Owner submitted a request to the Teton County Planning Department, ZCV2014-0004, to determine if the Owner was permitted to build a third dwelling on the Property; WHEREAS, on July 10, 2014, the Teton County Planning Department issued a Zoning Compliance Verification Letter ( ZCV ) to Owner regarding the development Page 1 of 15
rights on the Property in response to the Owner s request to build a third dwelling, attached hereto and incorporated herein as Exhibit A, and the structures and areas currently on the Property according to the ZCV are as follows: 1. Main Residence, a conforming residence consisting of 1,448 square feet of floor area. 2. Second Residence, a nonconforming use and a nonconforming structure that does not meet setbacks, consisting of 688 square feet of floor area. 3. Building pad for 952 square foot residence approved in 1997, which meets setbacks. WHEREAS, in the ZCV letter, the County describes that the Owner may build two (2) Accessory Residential Units ( ARU or ARUs ), as one (1) ARU is subordinate and allowed to be built as incidental to each of the two (2) principal residences which presently exist on the Property. Section 2220 of the LDRs defines an ARU: An Accessory Residential Unit is a dwelling unit, which is clearly incidental and subordinate to the principal residential or nonresidential use of the property. An accessory unit meets the definition of dwelling unit as it is defined in Article VIII, Definitions. See Section 2370, Accessory Residential Unit. WHEREAS, on August 11, 2014, the Contestants, who are all property owners near the Owner s Property on Fall Creek Road submitted a letter to the Teton County Planning Director, which appealed the ZCV letter, ZCV2014-0004, regarding the Owner s development rights on his Property ( appeal letter ). This appeal letter was deemed to be a Petition for Appeal to the Teton County Board of County Commissioners. Page 2 of 15
The August 11, 2014, appeal letter is attached hereto and incorporated herein as Exhibit B; WHEREAS, pursuant to Section 5180 of the LDRs, the Board of County Commissioners must schedule a hearing on the Contestants appeal within one hundred and twenty (120) days from the date the notice of appeal was filed if the appeal is not withdrawn or dismissed by the Contestants; WHEREAS, the Contestants and Owner recognize the risks and costs of continuing the appeal before the Board of County Commissioners of Teton County, Wyoming, and wish to amicably resolve and compromise on the issues concerning the Property, which were the basis for the appeal and relate to the development of the Property, and the Teton County Planning Director consents to the terms as set forth in the agreement below; and WHEREAS, the Contestants and the Teton County Planning Director do stipulate and agree to dismiss the appeal, Docket No. 14-0002, before the Board of County Commissioners in accordance with the terms of this Agreement. Agreement: WHEREFORE, in consideration of the above and the mutual promises set forth below, the Contestants, Owner, and County agree as follows: 1. Construct One (1) ARU on Existing Building Pad. Owner may build one (1) ARU on the existing concrete pad, as permitted and outlined by the County in the ZCV letter. This ARU will be a 2-story structure and the total footprint of the ARU will not exceed One Thousand (1000) square feet of habitable floor Page 3 of 15
space on the second level, with a garage on the first level consisting of nonhabitable floor space, which is consistent with the Owner s architectural plans and drawings, which were submitted to the Planning and Building Department on October 23, 2014, Permit # BDR2014-0183. The Planning and Building Department has stayed any issuance of a building permit for this submittal in accordance with the LDRs because an appeal is pending which is associated with the Property. The total square footage for this ARU of habitable and nonhabitable floor space shall count towards the total and maximum square footage calculation of impervious surface on Owner s Property. 2. Forfeit One (1) ARU. Owner forfeits the right under the LDRs and/or any subsequent LDRs, to build the remaining additional one (1) ARU as permitted by the County in the ZCV letter dated July 10, 2014. 3. Potential to Subdivide Property. Owner hereby forfeits the right under the LDRs and/or any subsequent LDRs, which he may or may not have to subdivide the Property to the extent the right to subdivide his Property exists now or may exist at a later date in the future. The Owner s forfeiture of the right to subdivide the Property shall pass to the Owner s successors, assigns, and heirs. 4. Tear Down the Nonconforming Second Residence. The Owner shall tear down and remove the nonconforming Second Residence that exists presently on the Property within five (5) years from the Effective Date of this Agreement. Owner s duty to tear down and remove the nonconforming Second Residence Page 4 of 15
shall not exceed five (5) years from the Effective Date of this Agreement. If Owner does not tear down and remove the nonconforming Second Residence by the expiration of this five (5) year time period, the Owner shall incur monetary penalties payable to the Contestants, as set forth in a separate Enforcement Agreement, to which the County is not a party. 5. Optional Replacement Structure for the Nonconforming Second Residence. Upon the nonconforming Second Residence being torn down and removed, the Owner may, but is not required to, rebuild a new structure to replace the nonconforming Second Residence (hereinafter this new, replacement structure may be referred to as the replacement structure ). If the Owner exercises his option to build a replacement structure, it shall be constructed and completed within ten (10) years from the Effective Date of this Agreement. Should the Owner choose not to exercise his option to build the replacement structure or fails to construct and complete it within the above referenced ten (10) year time period, the Owner, including his successors, assigns, and heirs, forfeits and gives up the right to build this replacement structure for the nonconforming Second Residence on the Property. 6. Planning and Building Requirements for the Replacement Structure. The replacement structure, if built by Owner, shall be considered a Residence not an ARU, as it replaces the nonconforming Second Residence. Owner shall obtain a Basic Use Permit, and other permits as may be required by the Planning and Building Department for the replacement structure and shall Page 5 of 15
comply with any and all other requirements of the LDRs in effect at the time of rebuild, to the extent possible and in accordance with this Agreement. The total footprint of habitable floor space of the replacement structure shall not exceed five hundred and twenty-five (525) square feet, and the total nonhabitable floor space shall not exceed five hundred and twenty-five (525) square feet. The replacement structure may be a 2-story structure and may consist of a garage and other non-habitable floor space on the first level with habitable floor space on the second level. The total footprint of the replacement structure cannot exceed five hundred and twenty-five (525) square feet on each level of the 2-story structure, for a total of one thousand and fifty (1050) square feet of floor space. The total square footage of the replacement structure, which includes all habitable and non-habitable floor space, will count towards the total and maximum square footage calculation of impervious surface on Owner s Property, as all other square footage constructed on the Property is also included in the maximum square footage calculation of the Property. 7. Site and Other Requirements for Replacement Structure. The site of the replacement structure will be shifted to the West and the South on the Owner s Property. The replacement structure will meet all other Planning and Building standards and requirements in accordance with the LDRs in effect at the time the replacement structure is constructed and permitted, including but not limited to the required property line setback of ten (10) feet. The site and Page 6 of 15
building envelope of the replacement structure on the Owner s Property is detailed and drawn on the illustrative map, which is attached hereto and incorporated herein as Exhibit C. The replacement structure will have only one (1) window on the North side of the structure, and said window will not exceed twelve (12) square feet and will further be comprised of oblique glass. If the Owner builds the replacement structure, it shall be built within the building envelope on the Property as depicted and drawn on the map, Exhibit C. 8. Dismissal of Appeal. The Contestants and the County, which are the parties to the appeal, Docket No. 14-0002, agree to sign all necessary and required paperwork in order to fully and completely dismiss the pending appeal of the ZCV letter, regarding the Owner s Property and the development rights of the Property. This appeal is hereby settled by the terms and conditions contained in this Agreement. Upon the Effective Date of this Agreement, the Contestants and the County shall file a stipulated dismissal of this appeal, Docket No. 14-0002, in the Office of the Teton County Clerk. 9. Refund of Appeal Filing Fee. The Contestants have requested a refund of Eight Hundred Dollars ($800.00) filing fee paid to the County as is required to appeal the Planning Director s decision regarding the ZCV letter. The County shall prepare and process the refund of Eight Hundred Dollars ($800.00) filing fee by presenting the voucher to the Board of County Commissioners at its next regularly scheduled voucher meeting, payable to the Contestants. Page 7 of 15
10. Successors and Assigns. This Agreement shall be binding upon and inure to all successors, assigns and heirs of the Contestants and the Owner. The Parties believe that the terms of this Agreement are reasonably necessary and are to the advantage of all Parties for a variety of reasons, including but not limited to, the avoiding the costs and risks of future litigation between the Parties and limiting future development on the Owner s Property. 11. Assignment and Delegation. Neither Party shall assign nor delegate this Agreement or any rights, duties, or obligations hereunder without the express written consent of the other. This limitation shall not preclude or limit the Owner s ability to sell the Property, and further the Owner does not need express written consent from the Contestants to sell the Property. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the successors, legal representatives, and assignees of the Contestants and Owner. 12. Governing Law. This Agreement shall be governed by the laws of the State of Wyoming. 13. Governmental Immunity. Teton County does not waive its governmental immunity by signing and authorizing this Agreement and retains all of its immunity and defenses available as a governmental entity pursuant to Wyoming Statute 1-39-104(a) and all other state law. 14. Construction and Drafting of Agreement. This Agreement was negotiated by all Parties hereto, and any subpart herein, shall not be construed against or in Page 8 of 15
favor of any party by virtue of which party drafted the Agreement or any portion of it. The Teton County and Prosecuting Attorney s Office drafted this Agreement with input and direction from the Contestants, Owner, and Teton County Planning Director. The Contestants and Owner have been advised to consult their own independent legal counsel to review this Agreement on their behalf, as the County Attorney s Office does not represent either the Contestants or the Owner in this appeal. The County Attorney s Office represents the Teton County Planning Director in the appeal filed by the Contestants. 15. Enforcement Agreement. The Contestants and the Owner have separately negotiated and will concurrently execute and record an Enforcement Agreement (the Enforcement Agreement ), which shall allow the Contestants and the Owner to further enforce the terms and conditions of this Agreement against the other. The Enforcement Agreement is a separate agreement by and between the Owner and all Contestants, to which the County is not a party. The County has no responsibility or duty to enforce or monitor the terms and conditions of the Enforcement Agreement, which is by and between the Contestants and the Owner. The Enforcement Agreement shall be incorporated with this Agreement by reference, only for the purpose of relying on the terms and conditions of the Settlement Agreement. The County will not be responsible for collection, payment, and/or waiver of fees or penalties as outlined in the Enforcement Agreement. The County will only enforce this Page 9 of 15
Agreement to the extent necessary and/or required as related to reviewing and/or issuing planning or building permits to the Owner per the terms and conditions of this Agreement and in compliance with the LDRs in effect at the time, to the extent applicable and not in conflict with this Agreement. 16. Recording of Agreement. Once fully executed, the Contestants shall promptly record this Agreement against the Property of Owner, James A. Roscoe, in the Teton County Clerk s Office of Teton County, Wyoming, and Contestants are solely responsible for paying all recording fees. 17. Each party represents and warrants that no other person or entity has or has had any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement and that they have the sole and exclusive right and authority to execute this Settlement Agreement. 18. It is understood and agreed that this Settlement Agreement is not to be construed as an admission of liability on the part of either party against the other and that each denies liability and intends merely to avoid litigation and buy their peace upon completion of the terms and obligations set forth herein. 19. This document may be executed in counterparts. IN WITNESS WHEREOF, the Parties have caused this Settlement Agreement to be duly executed and delivered. The Effective Date of the Agreement is the date this Agreement is recorded in the land records of Teton County, Wyoming, in the office of the Teton County Clerk. Page 10 of 15
TETON COUNTY, WYOMING: By: Hank Phibbs, Chairman Teton County Board of County Commissioners Attest by: Sherry L. Daigle, County Clerk Teton County, Wyoming STATE OF WYOMING ) ) ss. COUNTY OF TETON ) On this day of, 2014, Hank Phibbs, personally appeared before me and being personally known by me acknowledged that he executed the foregoing instrument. WITNESS, my hand and official seal. My Commission Expires: Notary Public Page 11 of 15
CONTESTANT: Brooke Walles STATE OF WYOMING ) ) ss COUNTY OF TETON ) On this day of, 2014, Brooke Walles personally appeared before me and being personally known by me acknowledged that he executed the foregoing instrument. Witness my hand and official seal. My Commission Expires: Notary Public CONTESTANT: Mackenzie Walles STATE OF WYOMING ) ) ss COUNTY OF TETON ) On this day of, 2014, Mackenzie Walles personally appeared before me and being personally known by me acknowledged that she executed the foregoing instrument. Page 12 of 15
Witness my hand and official seal. My Commission Expires: Notary Public CONTESTANT: Sally Stevens STATE OF WYOMING ) ) ss COUNTY OF TETON ) On this day of, 2014, Sally Stevens personally appeared before me and being personally known by me acknowledged that she executed the foregoing instrument. Witness my hand and official seal. My Commission Expires: Notary Public CONTESTANT: Steven Poole STATE OF WYOMING ) ) ss COUNTY OF TETON ) On this day of, 2014, Steven Poole personally appeared before me and being personally known by me acknowledged that he executed the foregoing instrument. Page 13 of 15
Witness my hand and official seal. My Commission Expires: Notary Public CONTESTANT: Carol Poole STATE OF WYOMING ) ) ss COUNTY OF TETON ) On this day of, 2014, Carol Poole personally appeared before me and being personally known by me acknowledged that she executed the foregoing instrument. Witness my hand and official seal. My Commission Expires: Notary Public OWNER: James A. Roscoe STATE OF WYOMING ) ) ss COUNTY OF TETON ) On this day of, 2014, James A. Roscoe personally appeared before me and being personally known by me acknowledged that he executed the foregoing instrument. Page 14 of 15
Witness my hand and official seal. My Commission Expires: Notary Public Page 15 of 15