By David Grant Long

After being accused of "getting deeper and deeper into elitism" though restrictive land-use policies, the Cortez City Council eased up a bit Tuesday, passing an ordinance that permits small houses to be rebuilt to their original size in the event of fire or other accidental destruction regardless of zoning requirements otherwise.

The revamped land-use code passed three years ago placed minimum-size requirements of 1,500 square feet on houses built in the R-1 (single-family dwelling) zone and 2,000 square feet in the RE (residential estate) zone, even though there were existing houses in both considerably smaller than this. The new exception was recommended by an advisory committee that spent several months examining the code last winter.

But this didn’t mollify Don Denison, the only person to speak during the public hearing, who demanded that size restrictions in the code be eliminated entirely.

Denison built a small home in a northeast Cortez neighborhood that was subsequently zoned R-1 and has been a frequent critic of the revised code.

"This is like giving me a Band-Aid for a heart attack," he said, accusing the city of practicing economic "segregation and discrimination" by making some neighborhoods unaffordable to people of limited means.

"I want the 1,500-square-foot minimum stricken," he added, "The size of my house does not make me any less a good neighbor."

Councilwoman Darlene Denison also took exception to one provision of the proposed ordinance that would have required reconstruction of a destroyed residence to begin within three months.

"A time limit (on starting to rebuild) is not necessary," she said, maintaining this would only be an additional "burden on a family already going through a trauma."

And she, too, called for elimination of the minimum sizes.

"When it makes 57 percent of the people non-conforming, there’s something wrong with the code," she said, referring to older R-1 neighborhoods.

The ordinance also permits the rebuilding of structures involving other non-conforming uses, such as businesses in residential zones, but prohibits the expansion of such uses.

Mayor Joe Keck called the amendment "a step in the right direction" in protecting the rights of those citizens whose residences were zoned into non-conforming status.

The council also passed on first reading a related ordinance making clear that new homes smaller than the minimum may be allowed in the R-1 zone by the Planning and Zoning Commission under a special-exceptions provision of the code. A public hearing is set for that proposal Dec. 14. (The land-use committee had recommended that a "transition zone" with a smaller minimum size, or none at all, be created for the older residential areas.)

In other business, the council:

-- Heard from Lynn Dyer, who promotes tourism under a $353,000 contract with the city, concerning her efforts during the 1999 season.

More than 17,000 requests for visitor information were received directly this year, she reported, with more than a third coming via the Internet. In all, over 46,000 inquiries were received from all sources and answered, she said.

Dyer said she had mostly succeeded in getting travel writers to refer to Mesa Verde National Park as being "10 miles from Cortez" rather than "37 miles from Durango" in their articles.

The Montezuma County Lodgers Tax Committee, which also contributes to the effort, is adding an additional $15,000 to next year’s budget for international marketing, she said, which traditionally has been fertile ground for cultivating visitors. Dyer also met recently with a location scout for a proposed film entitled "Nurse Betty," which may be shot here, she reported.

Mayor Joe Keck lauded Dyer for doing "a tremendous job with the resources provided" before the council approved the new contract.

-- Was informed that the city has awarded a contract to Tri-Corners Communication to create a "virtual private network" that will improve communication between the city’s computer system and its remote users -- the airport, drug-task force, library, kennel, golf course and shops.

The Tri-Corners proposal included a monthly charge of $200 compared to a $400 charge in Fone.Net’s competing offer, although there was also a one-time charge of $615.