Ouray County commissioners delayed a decision on a variance for a proposed refugee housing and education project on Log Hill, after discussing the definition and determining that a variance may not be needed.

Sitting as the board of adjustment, the commissioners were asked to approve a variance from the county’s definition of “school” for the purpose of a special use permit for the project in the former Fairway Pines clubhouse.

Under the county’s code, a school is defined as a “private or public facility used primarily for the education of people (Pre-K-12) or post-secondary institution designed to provide vocational education or technical skills required to perform the tasks of a particular job. The term school does not include home schooling as defined by the State.”

Applicants Greg Wilhelm-Wenzel and Log Hill resident Wendy Fenner asked to remove the words “primarily” and the Pre-Kthrough-12 distinction from the definition, so they can use the special use permit to operate a residential program for Ukrainian refugees, effectively serving as a dormitory for students taking remote college classes and participating in vocational training.

“The Intent of the facility in the near term of 4-5 years is to assist in the Humanitarian efforts of qualified Ukrainian Immigrants to the US,” they wrote in their application. “The facility will be a temporary home and study center until the development of the Good Shepherd Ranch, a 960-acre Net-Zero Agritourism Center and mixed-use development located between Montrose County and San Miguel County on Dave Wood Road southwest of Horsefly Peak and a like facility is completed. The immigrants will be involved heavily in the development of the project using their skills they learn at the center and in the development of GSR and its facilities.”

Fenner, who previously worked as a civil engineer in Nevada, has plans for a high-tech agricultural facility and a geothermal-heated 107,000-square-foot greenhouse on her family’s property.

She said young adults, likely primarily women, will be involved in the project to build skills, while also taking online college courses and potentially working locally as au pairs, health care aides or with local volunteer fire departments and emergency medical services.

The former clubhouse, which is currently vacant, can have both residential and commercial uses under the current zoning. The applicants applied to the county for a special use permit in August, but were denied because staff determined their plan did not meet the strict definition of “school.” They then turned to the Board of County Commissioners seeking a variance from that strict definition, which Attorney Leo Caselli said they did under the advice of county staff.

The owners of the building, 4K Enterprises LLC, bought the clubhouse in 2021 and have authorized Fenner to use the space for the project; they plan to resume use of it as a family vacation home in four to five years, she said.

Granting the variance would not guarantee that the special use permit for the project would be approved, but would allow their application to be considered under the revised definition.

But after lengthy discussion and public comment, Commissioners Jake Niece and Ben Tisdel questioned if a variance was even needed, or if the decision to initially reject the permit application based on the school definition was incorrect.

Tisdel said the common understanding of a post-secondary education is “pretty broad,” does not necessarily require a formal degree program and could be vocational training. Based on that, he felt the variance was not necessary, and that the initial permit application was rejected based on an incorrect understanding of the term.

Niece also said he “would have to respectfully disagree with the determination that Land Use made,” based on his reading of the definition.

But Commissioner Lynn Padgett noted that the county’s definition specifically excludes homeschooling, and questioned if this was essentially functioning as a boarding school for homeschooling. She asked Fenner about the requirements for acceptance to the program, the process by which students would apply for visas, and what requirements there would be for students to be taking classes, among other questions.

Fenner said all residents at the clubhouse will have a student visa through the U.S. State Department, and specific requirements for coursework will depend on the academic institution and the visa requirements. She said she’s had discussions with two Oklahoma schools – Cameron University and Oklahoma State University – and Colorado State University, among others.

The board ultimately decided to reconvene the hearing at a later date, with the ability to consider both a variance request and an administrative appeal of the denial of the special use permit.

Fenner will be allowed to present more information at that hearing, and Padgett said information “that emphasizes how this is a school and not just group housing is really important.” Public comment will also be accepted in the second hearing.

More than 20 letters commenting on the proposal were submitted to the commissioners, and 12 people spoke during Tuesday’s meeting, several of whom were among those who had submitted letters.

Sixteen public comment letters were submitted against the variance and the project.

Fairway Pines Property Owners Association Secretary Ed Pecis said 60 owners responded to a survey, 44 of whom opposed the program. He included copies of 16 anonymized letters from residents, and wrote that opponents “offered articulate justification for their resistance,” while supporters “offered very little justification” other than being a nice gesture to help people in need. The letters were signed when they were sent to Pecis, but he removed the senders’ names before submitting them to the Planning Department.

Pecis sent an email to association members in September with a survey, attached information from Fenner and suggested people who opposed the project write a letter to the Land Use department. He did not encourage supporters to submit letters.

He also told residents that one member, Geoff Rainville, had written a letter opposing the project “and would be happy to share it with other property owners.”

Rainville’s letter said the project would not be compatible with the area, where “our neighborhood considers dog walking to be an extreme sport” and “we complain about loud golfers.”

“If this was a proposal to place 30 monks taking a vow of silence, I could see the benefits. But why is the applicant insisting on putting kids up here?” he wrote. Rainville also questioned the educational plans, which he said are “so vague as to be insubstantial wish-casting,” and shouldn’t be called a school.

“To be blunt, this actually appears to be a boarding house for refugee laborers, who will be expected to work on the applicant’s local ranch,” he wrote. Rainville also addressed concerns about the capacity of septic tanks, noise and light pollution and traffic.

During Tuesday’s meeting, Rainville told the commissioners the project is “not a school,” and questioned what would happen to students living on the property if they did not want to work on the Good Shepherd Ranch.

Other letters and speakers cited the location of the building, lack of infrastructure and surrounding facilities, and the impact on the neighborhood.

Divide Ranch resident Rocio Jones said as an immigrant herself 47 years ago, she felt the location was not right for the refugees.

“As an immigrant, I believe that these young women deserve the best chance they have to fit into the culture and this is just not the right community for them,” she said, because they will be isolated and won’t be surrounded by young Americans their own age.

Many speakers referenced the age of the surrounding community: while Divide Ranch and Fairway Pines are not age-restricted communities, retirees have moved there for the serene, quiet environment, the residents said. Jones also said checking the backgrounds of the immigrants is “extremely difficult,” citing her experience running a domestic agency in California. “The government is just not suited right now to do the proper vetting of these immigrants,” she said, which “is going to risk the safety of our community.” Two of the written letters raised questions about immigration statuses of residents.

“Recent reports of violent crime in U.S. border towns could be recreated in Ouray County if illegal immigrants are transferred to the Good Shepherd Ranch,” Jim and Carol Roundtree wrote in a letter.

“I’m certain several if not many of them will become pregnant (no I don’t trust the local lads here),” one resident wrote in an anonymous letter submitted in the packet provided by Pecis. “Will they be sent back if pregnant, or allowed to create an American thru birthright citizenship?” the letter asked.

Questions about the future of the building were also raised, as Fenner has said the goal is only to use the building for four to five years, and residents questioned what would happen to the building next.

Others asked about the details of Fenner’s plans, questioning what training and education would actually be provided.

Eight submitted letters were in favor of Fenner’s project, including a letter of support from the Telluride Institute and a letter from resident Eve Becker-Doyle with 35 signatures.

Telluride Institute Executive Director Tucker Szymkowicz said the nonprofit fully supports the Shepherding International project, and wants to contribute to college-level science and engineering education.

Resident Robbie Stellmacher wrote the project would both help the people of Ukraine, and benefit the community by addressing the “eyesore” of the clubhouse.

“An improvement to that property will also increase the value of ALL of our properties, since it is the first structure one sees when reaching the top of Loghill,” she said.

Resident Mary Ann Guilinger, who said she supports the project, questioned the organized opposition to the proposal.

She said she was concerned with the results of the survey Pecis submitted because of how it was presented to residents, with encouragement only to send opposition letters and the offer to share a letter against the proposal. “It seems as if those sentences set the stage for bias in the responses.”

She also spoke during Tuesday’s meeting, where she was the only speaker in favor of approving the variance for the project to move forward.

Liz Teitz is a journalist with Report for America, a nonprofit national service program which places reporters in underserved areas. To support her work here in Ouray County with a tax-deductible donation, email erin@ouraynews.com.