The San Miguel County Board of Adjustment approved a variance to reduce the rear-yard setback at 30 Stella Drive from 20 feet to 5 feet to allow construction of a detached garage and expansion of a screened porch, the board decided during a continued hearing on a variance application.

County staff told the board, “This property was sold, about a week ago. So we have received an authorization of agency from the new owners for both Clay Arundis and his attorney.” That sale led the board to continue a hearing that began at an earlier meeting and to accept representation by the applicant’s attorney on behalf of the new owner.

The variance was proposed for a roughly 14-acre parcel in the Forestry Agriculture zone. Staff said the request was a Board of Adjustment, single-step review and described the applicable variance standard in the county land use code, noting the board must find exceptional topographic conditions or other extraordinary situations that create undue hardship under land use code section 11403(a)(3).

Staff presented two sample motions discussed at the continuation: one that would reduce the setback to 5 feet for both the detached garage and the screened porch, and an alternate that would approve a 5-foot setback for the garage and a 10-foot setback for the porch. Staff also summarized referral input, including comments from Sam and Samantha Samuelson regarding parking and staging on Geyser Drive and a referral note from Matt Gonzales reminding the board that any structure five feet or less from the property line must be built in accordance with building code section R302.1.

Herb McHarg, the attorney representing the new owner, urged the board to adopt the single 5-foot setback, saying, “I would just submit and request that the sample motion 1 is the 1 that, the board move with and that the the, variances to the 5 foot setback rather than 2 different setbacks, along the western portion of that lot.” Clay Arundis, identified in the hearing as the original applicant, also spoke in favor: “I totally support that request.”

After discussion the board moved to approve a variance reducing the rear-yard setback from 20 feet to 5 feet at 30 Stella Drive for the purpose of expanding the single-family residence and constructing a detached garage as shown on Exhibit B. The board adopted Board of Adjustment Resolution No. 2025-01 and attached conditions of approval that limit the relief to the porch and garage shown on Exhibit B and place requirements on the owner.

The approval is conditioned as follows: (1) the setback variance is limited to the expansion of the single-family residence and the detached garage as shown on Exhibit B and does not authorize any further expansion or construction; (2) all required development permits shall be obtained from San Miguel County before commencing construction; (3) there shall be no staging or parking adjacent to or on Geyser Drive during construction; (4) the approval expires three years from the recording date of the resolution if a building permit is not obtained and kept active until issuance of a certificate of occupancy; and (5) all written representations in the application and supplements are deemed conditions of approval except where modified by the motion.

Board members asked and staff confirmed that the 35-acre rule referenced in the hearing applies to lot splits by deed and does not retroactively invalidate legally created pre-1972 lots in Placerville and other valley areas. Board discussion noted that subdivision was not being pursued by the owner and that topographic conditions and loose rock on parts of the parcel limit further subdivision.

The board voted to approve the variance. The transcript does not include a named vote tally for this item; the board announced the motion had passed and adopted Resolution No. 2025-01.

The matter was continued from an earlier meeting for this continued hearing; staff noted the BLM land adjoining the parcel is not for sale and that the approval only applies to the features shown on the approved exhibit. Any future enlargement beyond the approved porch or garage would require a new application to the county.