By Naomi Hatch –
Troy Flake, owner of property located at 45 N. Second St. West in Snowflake, asked the town council to approve a variance Jan. 24 to construct an attached garage on his home. After considerable discussion, the council voted to send the request back to the Snowflake Planning and Zoning Commission.
Zoning Administrator Dale Call explained that it was previously thought that the construction would encroach the front yard setbacks by 4’5”, but after the planning and zoning commission approved a motion in a 3-0 vote to recommend the town council approve the variance, one of the commissioners told Call that he did not think the property line was figured correctly.
Flake said he measured from the back fence, which he assumed was on the property line.
Call went to the property and tried to determine where the property line was, and advised the applicant a survey of the property would be required, which would be an expense. After discussion, they came up with other possibilities.
Call explained that when you look down the street you can see fence alignment that appear to be the property lines and the utility easements also align up with the assumed property line. “All these factors line up and caused us to believe the property line was lined up with the fences,” said Call. “Using that, we found it was 20’ to the structure, thus that would mean the property would have to encroach setbacks nearly 100 percent, as opposed to 4’5” as presented.”
Call said he discussed this with the town engineer and they agreed to recommend that the council not approve the variance. Call expressed concern that the garage would be on the property line and that this would set a precedent.
There was discussion on this, with council members split in their opinions.
Mayor Kelly Willis asked if there was another alternative.
Flake responded that he did not see one, noting that the structure would be used as a garage, which would be an improvement to the neighborhood.
Flake presented signatures from several neighbors in support of the garage.
Town Engineer Rob Emmett said that a variance is not something that should be considered when it is for the convenience of one, and noted that it is a very unique situation to allow a variance that is outside the normal consideration of variances.
Mayor Willis asked if Call had contacted the planning and zoning commissioners.
He responded that he contacted two of the three who were present when the variance request was recommended for approval, but did not comment on how they felt.
“I feel badly our homework wasn’t done the first round to give the correct information to planning and zoning,” said Mayor Willis.
Call said he would be glad to start over, get a survey and go back to the commission.
“We should table this or send it back to P&Z and give them true facts,” said Counciman Tom Poscharsky.
Councilman Larry Matyas then moved to table this item, but the motion died for lack of a second.
“I would think it would be prudent to have them (the planning and zoning commission) look at it again,” said Town Manager Paul Watson, who requested that Flake stake where the structure will be built so they could look at it.
“I want to see if there was a possibility to do it, but all I hear tonight is we have a good idea of where the property line is; for him to pay for a survey doesn’t make sense,” said Vice Mayor Jason Whiting. He said he felt they needn’t wait if what a decision hinges on was if this was against the property line.
“We have an engineer here and our staff here. We want you to know we don’t always agree with our staff, but we also have to take recommendations. If we have to take up a utility line or something it would be detrimental to your garage,” said Mayor Willis.
“I understand that we don’t want to set precedents, but I have to consider the fact he has no options of building a garage somewhere else. He is improving his property. To me it looks like it’s an improvement,” said Councilwoman Bev Kay.
Councilwoman Lorri Davis agreed.
“I think what the town has to consider most is the safety and welfare of the town. Dale has brought up very reasonable and very important facts, the safety of our citizens is the important factor there,” said Mayor Willis. “We also have an ordinance that you can’t park on the road.”
Councilman Chris Brimhall had reviewed the information in backup regarding a variance that talks about special circumstances or conditions, and said he felt this variance would qualify.
Councilman Poscharsky asked Flake if he would call for Blue Stake, and the council members and commissioners could look at the situation.
A motion was approved to send this back to the planning and zoning commission, and give the council better information, looking at the Blue Stake results and where the garage would be built.
In other business, the council, sitting as the Snowflake Flood Plain Board, reviewed a request made by Dennis J. Atkinson of 1121 N. Apple Blossom Lane requesting a variance to build a detached garage in a floodplain area.
Rob Emmett reviewed the variance request.
The board approved the variance with the recommendations made by Emmett.
