HomeMy WebLinkAboutBCC Staff Report 101 VA 24 Todd Miller Variance101 VA 24
BCC -Todd Miller Aux Building Variance
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT VARIANCE PERMIT APPLICATION
HEARING TIME AND DATE: 10:00 P.M., MARCH 8, 2023
HEARING LOCATION: LINCOLN COUNTY COURTHOUSE, KEMMERER, WYOMING
& VIA VIDEO CONFERENCE AT AFTON BRANCH OFFICE FILE # 101 VA 24
APPLICANTS: Todd Miller PROJECT NAME: Todd Miller Aux Building Variance
COMMUNITY PLAN AREA: Upper Valley
ZONING: Rural PLANNER: Marcus N. Fleming ___________________________________________________________________________
PROPOSAL: A Variance Request application to construct a 1,398 Sq Ft Loafing Shed / Hay Barn plus
an additional retaining wall animal shelter within the County Road setback along Crow Creek CR 141.
LOCATION: 4.5 miles south west of the Town of Afton, WY, T31N, RI 19W, Sections 17, Lot 1 of the Bingo Ranch Subdivision. ____________________________________________________________________________
ATTACHMENTS: 1.Applicants’ Application and Statement2.Photos
3.Vicinity Map
4.LUR for Setback Requirements____________________________________________________________________________
PLANNING STAFF RECOMMENDATION:
Planning Staff recommends to the Board of County Commissioners DENIAL of 101 VA 24 with:
●Findings of DENIAL A.
FINDINGS OF DENIAL:
A.The requested variance request fails to show a unique circumstance as required by Lincoln CountyLand Use Regulations Section 3.2 A.1. A variance to the requirements of these regulations, relating to the design standards or
improvement standards of land divisions, shall be granted only when it is determined that there are special
circumstances applicable to the property, such as but not limited to size, shape or topographic conditions,or existing road alignment and width, and that the granting of the variance will not be detrimental to thepublic health, safety, general welfare or be damaging to other property in the vicinity.
101 VA 24
BCC -Todd Miller Aux Building Variance
2. A variance shall not be considered a right or a special privilege, but may be granted to an applicantonly upon showing of undue hardship because of the characteristics of the site, and do not apply generallyto land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequentto the adoption of the regulation.
BACKGROUND
Todd Miller began construction on an animal shelter with hay barn and construction was within the setbacks of the county road 141. The intended building exceeded 800 sq feet and required a building permit, but a permit was not applied for so planning was not able to inform Mr. Miller that the location
was not meeting setbacks.
Planning staff was notified of a possible code violation and sent Mr. Miller a violation letter. A variance was needed prior to issuance of a building permit and construction due to the location of the building within the right of way of county road 141..
With the lower portion of the unpermitted hay and livestock storage already complete and currently in violation, Mr. Miller now seeks a variance. Having met with the county planning director on this matter, it was recommended to Mr. Miller that his unpermitted structure be referred to as a retaining structure and backfilled as such to absolve the shoulder drop off bordering his portion of land along county road 141.
Upon further discussion, it was communicated to Mr. Miller that our current land use regulations would not allow the planning office to recommend approval due to his variance being submitted due to a self-induced permitting violation from inception.
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31N 119W ³±141SAFE SPACE
RANCH LLC
BROWN, GERALDL & TAMARA C
SAFE SPACE
RANCH, LLC
SAFE SPACE
RANCH, LLC
MACE, KELLY
J & MELBA
J TRUSTEES
ROSKIE FAMILY
REVOCABLE TRUST
HARMON, LYMAN
A & ANITA
P TRUSTEES
BLM
EW RANCH, LLC
HARMON, LYMANA & ANITA
P TRUSTEES
TITENSOR,
CINDYTRUSTEE
HOWELLFAMILY
TRUST
BEDFORD
PROPERTIES,
LLC
BAGLEY, KELLAN
& SHELLY
TRUSTEES
MILLER, MICHAELT & LINDA
J TRUSTEES
ROSKIE
FAMILY REVOCABLETRUST
ROSKIE FAMILY
REVOCABLE TRUST
Maxar, Microsoft
Variance Application
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File No 101 VA 24
Todd Miller Variance Request
Michael T. & Linda J. Miller,
Trustees
Prepared using available data by Elizabeth Williams 13 Feb. 2024. Map is for informational purposes only and in no way represents an official survey of land.
Lincoln County Land Use Regulations Chapter 6 Development Standards
6.20 SETBACKS
A.Any development within County rights-of-way or road easements, except by an
approved county road license, is not allowed and shall be removed by the property
owner immediately upon discovery.
B.Setback standards for all permits are as follows:
1.Side and Rear Setback. A minimum of ten (10) feet from the property line.
2.Front Setback, the side of the property where primary vehicle access is
located, as measured from lot line or right-of-way, whichever is more
restrictive:
a.Fifteen (15) feet to front of building without parking area;
b.Twenty (20) feet to front of building with parking area.
3.Building Setback to U.S. Highway 89 right-of-way shall be a minimum of:
a.Where ROW is at least 140 feet wide then front setback shall be at least
twenty (20) feet and side or rear setback shall be at least ten (10) feet;
b.Where ROW is at least 100 feet wide but less than 140 feet wide then front
setback shall be at least thirty (30) feet and side or rear setback shall be at least
thirty (30) feet;
c.Where ROW is at least eighty (80) feet but less than 100 feet wide then front
setback shall be at least fifty (50) feet and side or rear setback shall be at least
thirty-five (35) feet.
If topographic or other site conditions require a relief of setback, then the
variance procedure shall be followed.
4.Commercial structures shall have a minimum set back from all lot lines of 1
foot per 1 foot building height unless two hour fire walls are constructed.
C.Alterations of Front, Side and Rear Setbacks for all permits. When the following
condition is met, the Administrator may approve a variance of setback without
following all of the Variance Procedures outlined in Chapter 3:
The adjoining property holder(s) being affected shall give written authorization to
the applicant, indicating the proposed development is acceptable to them.