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Teton County commissioners deny wetland setback variance for Brian Fayes, urge revised site plan to reduce wetland impact
Summary
The Teton County Board of Commissioners affirmed the Planning and Zoning Commission's denial of a variance sought by Brian Fayes for a residence and associated infrastructure in a mapped wetland complex, finding the request did not meet minimum-variance and public-interest criteria in the county Land Development Code.
The Teton County Board of Commissioners on a 3-0 voice vote affirmed the Planning and Zoning Commission's denial of a variance requested by applicant Brian Fayes, concluding the application did not meet key criteria in the county Land Development Code and was not in the public interest.
The motion the board approved cited sections of the Teton County Land Development Code, concluding that review criteria in Chapter 4 (variances) and Sections 5.4.1 and 5.4.2 (natural resource overlay and setback/site-planning requirements) "cannot be satisfied." The board added language encouraging the applicant to return with a site plan that places as much of the proposed infrastructure as feasible on upland areas to minimize disturbance of indicator habitats and wetlands.
Commissioners debated two procedural questions before concluding deliberations: whether two pieces of information emailed to the county after the public hearing should be considered and whether the safest course—per advice from county legal counsel—would be to reopen the public hearing with 28 days' public notice. Legal counsel told the board that reopening the hearing would be the safest route; the panel discussed but ultimately proceeded to deliberate, with several commissioners saying they believed the post-hearing material would not change their decisions.
Substantive concerns raised during deliberations included whether the requested variance represented the "minimum variance" necessary to make the proposed use possible (criterion 6) and whether granting the variance would serve the public interest (criterion 8). Commissioners referenced the Teton County comprehensive plan and specific Land Development Code language that emphasizes protection of wetlands and indicator habitats—particularly in the Lower Teton River corridor and large wetland complexes on the east side of the river.
Technical details discussed in the record and referenced during deliberations included a driveway length of about 244 feet 9 inches beyond the right of way, a detached guest house about 46 feet 9 inches north of the main house as proposed, and a primary residence footprint described by an official as "very close to 4,000 square feet." The applicant submitted the materials referenced in the motion on 10/04/2024. The U.S. Army Corps of Engineers had issued a separate, smaller permitting determination (a 15-foot reduction cited during the hearing) and the applicant described mitigation measures on the property; Friends of Teton River were recorded by a commissioner as opposing the request while acknowledging mitigation efforts.
The board's written decision will be prepared by county legal counsel for the commissioners' review; the motion directs the applicant to resubmit a site plan that minimizes wetlands impacts by siting infrastructure on uplands if he wishes to pursue approval in the future.
Why it matters: The decision applies county land-development standards aimed at protecting wetlands and wildlife habitat and establishes that large-scale residential development within mapped indicator habitats faces stricter review and mitigation requirements. The board's direction to prioritize upland siting provides the applicant a remedial path but not guaranteed relief.
