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Planning Commission approves after-the-fact side-yard variance for 16x40 shed in Spring Creek
Summary
The commission approved a variance reducing the side-yard setback from 20 to 10 feet for an existing 16-by-40-foot shed at 939 Bluejay Drive in Spring Creek, while commissioners debated recurring after-the-fact permits and enforcement options.
The Elko County Planning Commission approved a request to reduce a side-yard setback from 20 feet to 10 feet for an existing 16-by-40-foot shed on property at 939 Bluejay Drive in Spring Creek.
Corey, planning staff, presented the application (VAR25-00003) submitted by James Chantrell and said the building official had cited the property for a violation after noticing no building permit and that staff recommended approval because moving the structure would be difficult due to site contours and the location of the septic system. "This variance is subject to restrictions and conditions as outlined in Elko County Code 4 95," Corey said, and noted that at time of development the owner must comply with Nevada Revised Statutes, Elko County Code and local building requirements; deed conveyance must adopt the findings and conditions; and the minimum side-yard setback of 10 feet applies to the existing shed shown with the application.
Commissioners debated whether after-the-fact structures and repeat violations have become common. One commissioner said, "We've been seeing an awful lot of these lately," and warned that the board may eventually stop approving after-the-fact variances; another asked that decisions be focused on the statutory variance standards (public welfare, property values and hardship) rather than as a punitive deterrent. Staff and commissioners observed that the Spring Creek Homeowners Association had approved the setback and that the building permit process would require the applicant to obtain a permit and pay any applicable penalties or fees for after-the-fact permits.
A motion to approve VAR25-3 (side-yard reduction to 10 feet for the existing shed) with staff recommendations and conditions passed by voice vote; the motion included the clarification that the variance applies only to the existing shed and not to future permanent foundations or new structures.
Commissioners asked staff to monitor future requests and suggested county-level solutions such as ordinance changes or higher penalties might be needed if after-the-fact violations remain frequent. No members of the public spoke on the item in person or on Zoom.
