Andy Miller, Chair of the Fraser Planning Commission, has been living in Granby since his house caught on fire in September.

At a Dec. 3 Board of Trustees meeting, public comment raised concern about whether Miller should resign from his position as a town official, given that he is not residing in the town in which he serves.

The comment came from developer and Grand Park President Clark Lipscomb, who referenced a rule in the town of Fraser’s code stating that any elected officer must reside within town limits.

Town code explicitly states that any official that moves out of town must immediately resign from their position, Lipscomb said. If the town wanted to take action to allow Miller to remain on the Planning Commission Board, they would need to formally do so.

Allowing Miller to live in Granby without exempting him from the rule could set a precedent for property owners who do not live in Fraser to gain a seat on the planing commission board, Lipscomb said.

The comment drew backlash from trustees, who said that Miller’s unexpected house fire brought about unforeseen circumstances. While he currently rents in Granby, he plans to return to Fraser once his primary residence is repaired.

“I think you’re kicking him when he’s down,” said trustee Katie Soles, noting that Miller has served the town of Fraser over 50 years.

Fraser Town Clerk Antoinette McVeigh said the town would not be forcing Miller to resign, and that Colorado law defines residence as the primary home to which a person has the intent of returning, regardless of how long they are absent.

“Directly relevant to Andy’s unfortunate situation is further clarification that when a person’s residence is destroyed or uninhabitable for any reason, that address continues to be their residence until it is decided that they no longer intend to return,” she stated in an email. “Given that Andy is only in Granby until his house repairs are finished, his residence continues to be Fraser.”

Miller estimates that he’ll be living in Granby for about eight month total while his home is repaired.