Colorado woman fighting to keep greenhouse, county says it needs to come down

DIVIDE, Colo. (KOAA) — A Colorado woman was told she needs to take her nearly 3,000 square-foot greenhouse down, but she plans to fight to keep it up.

The woman goes by the name Virginia Loop and her home is along Moss Rock Court on the northwest side of Divide. In June of 2024, Loop explained she was excavating her property for a greenhouse kit when a new code enforcement officer paid her a visit. Loop said she had a conversation with that code enforcement officer and explained she didn't need a permit because of a building code section exempting agricultural structures. Loop sent the code enforcement officer an email, which Loop shared with News5, and reads as follows:

"As discussed on the phone, here is the section of code for exemptions of permitting.

SECTION R105 PERMITS R105.2 Work exempt from permit.

12. Agricultural buildings that meet all the following: (a) are used solely for the agricultural uses that are the basis for the property being classified as agricultural land by the County Assessor, (b) are not used for residential purposes, such as storing household items, personal vehicles, etc., and (c) meet the setback requirements of the Land Use Regulations that would apply were a building permit required. Although no permit for such buildings is required, all construction is required to follow all current building codes in place. Permits and inspections will be required for any applicable electrical, mechanical, or plumbing installations.

Agricultural Land

Agricultural land is

-Located in an incorporated or unincorporated area (without regard to zoning)

-Used in the last two years and presently used as a farm or ranch (or is being restored through conservation practices through a conservation district approved plan)

Let me know if you have any thoughts on the above."

Loop tells News5 that based on conversations she said she had with the code enforcement officer, she was under the impression she wouldn't need a permit until electrical was added and she moved ahead with constructing the greenhouse.

In May of this year, Loop started the electrical work and obtained a permit, but soon after, she received a stop-work order for not having a permit for the greenhouse itself. Loop says she had put in more than $150,000 into the greenhouse.

"I went to the planning and building department to file an appeal and stating the reasons," Loop said of trying to explain why she believed she didn't need a permit for the original greenhouse. "I brought the email from the code enforcement and they said that I needed to talk to the director, but they pulled the first stop work order so I could finish the electricity in the building. We put $15,000 more electricity in the building. And then when that got inspected, they gave me another stop work order."

Loop explained she planned to use the greenhouse to grow crops for her neighbors and so her sons could sell the produce at a local farmers market.

News5 reached out to the Teller County Administrator for clarification, and the administrator provided the letter issued to Virginia explaining why the county feels the greenhouse is illegal. The letter can be read by clicking here.

The county administrator also summarized the letter with the following points:

1. Property is zoned residential under the Teller County Land Use Regulations (LUR), so a commercial greenhouse is not permitted.
2. Property does not meet the requirements to qualify as a home occupation under the LUR.
3. Property does not meet the criteria for an agricultural exemption under the Teller County Building Code.
4. Property has a residential well, which may not be used for commercial or agricultural use.
5. The greenhouse was built without obtaining any building permits. If the property owner had properly sought a permit from the County Building Department, they would have learned that the size of their greenhouse far exceeds what might have been allowed and would have likely learned of the other problems/prohibitions on operating a commercial operation in her residential development in the R-1 zone. 

Loop also believes that a state law favors her greenhouse and the situation she's in. Loop cites the Farm Stand Act as another reason her greenhouse is legal. The state act, signed into law in 2019, allows farm stands to operate on any sized land to sell agricultural products. According to the act, a "farm stand" means a temporary or permanent structure used for the sale and display of agricultural products resulting from agricultural operations that are conducted on the principal use site on which the farm stand is located.

The Teller County administrator wrote to News5 explaining the Farm Stand Act "does not apply because her commercial greenhouse does not meet the definition of a 'farm stand' in CRS 29-[31]-102(2)."

"I'm not giving up on my dream," Loop told News5. "It's not just for my greenhouse. It's for the rights of every person in Teller County. We have 27,000 residents in this county, and with what I've experienced at your building and planning department is nothing but overreach and a bully."

Loop plans to fight to keep her greenhouse. In the letter to Loop, the county provided the following required actions:

-Cease all commercial activity immediately related to the greenhouse operation.
-Remove the unpermitted illegal greenhouse.
-Resolve your well water usage with the Colorado Division of Water Resources if irrigation from your household use only well is intended.

Loop says she trucks the water in for her greenhouse from a water all station, and using water from her well isn't an issue.

"To date, the County has not commenced any legal actions against you for your violations," the letter to Loop from the county dated July 3 reads. "It is the strong preference of the County that this matter be resolved without the necessity of formal enforcement and legal action. Accordingly, you must correct the violations as stated above and contact me to discuss how you plan to resolve and remove the violations."

News5 requested an interview with the county, and our request has not been responded to as of Wednesday morning.

News5 plans to track this story and provide major updates as they become available.

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