HomeMy WebLinkAboutBCC Staff Report 101 VA 24 Miller Variance
101 VA 24
BCC
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
VARIANCE PERMIT APPLICATION
HEARING TIME AND DATE: 10:00 a.m., April 3, 2024
HEARING LOCATIONS: County Courthouse, Commissioner Boardroom 3rd Floor,
925 Sage Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building,
Conference Room, 421 Jefferson St, Afton, Wyoming
FILE # 101 VA 24
APPLICANTS: Todd Miller
PROJECT NAME: Todd Miller Auxiliary Building Variance
COMMUNITY PLAN AREA: Upper Valley
ZONING: Rural
PLANNER: Marcus N. Fleming
______________________________________________________________________________
PROPOSAL: A Variance Request application to construct a 1,398 square foot loafing shed / hay barn
plus an additional retaining wall animal shelter within the setback of Crow Creek County Road 141.
LOCATION: 4.5 miles southwest of the Town of Afton, WY, T31N, RI 19W, Sections 17, Lot 1 of the
Bingo Ranch Subdivision.
_______________________________________________________________________________
ATTACHMENTS:
1. Vicinity Map
2. Applicant Statement and Site Plan
3. Photos
4. Planning Office Correspondence
5. LUR for Setback Requirements
_______________________________________________________________________________
PLANNING STAFF RECOMMENDATION:
Planning Staff recommends that the Board of County Commissioners DENY File # 101 VA 24, with:
● Findings of DENIAL A through C.
FINDINGS OF DENIAL:
A. The requested variance request fails to show a unique circumstance as required by Lincoln County
Land 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
101 VA 24
BCC
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 the public health, safety, general welfare or be damaging to other
property in the vicinity.
2. A variance shall not be considered a right or a special privilege, but may be granted to an
applicant only upon showing of undue hardship because of the characteristics of the site, and do
not apply generally to land or buildings in the neighborhood, and have not resulted from any act of
the applicant subsequent to the adoption of the regulation.
B. The requested variance request impairs the Right-of-Way for Crow Creek County Road 141, and
does not serve the public need, convenience, or welfare.
C. The proposed variance does not follow Wyoming State Statute 18-5-204, “No person shall locate,
erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in
violation of a resolution or amendment adopted by any board of county commissioners under W.S.
18-5-202(c). Each day's continuation of such violation is a separate offense.”
BACKGROUND
Todd Miller began construction on an animal shelter with hay barn within the setbacks and partially
within the Right-of-Way of Crow Creek County Road 141. The intended building exceeded 800 square
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. The
Planning Director recommended to Mr. Miller that his unpermitted structure be referred to as a retaining
structure and backfilled to resolve the shoulder drop-off bordering his portion of land along the county
road.
With the lower portion of the unpermitted hay and livestock storage already complete and currently in
violation, Mr. Miller now seeks a variance. A variance would be required in order to issue a building
permit due to the location of the building within the Right-of-Way, and not meeting setbacks from Crow
Creek County Road 141.
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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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Road_Type
US Highways
WY Highways
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Township & Range
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Municipalities
Public Noticing
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.