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Planning board recommends approval of temporary occupancy variance for homeowner building new house; demolition deadline set

3688547 ยท March 4, 2025
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Summary

The board recommended approval to the County Commission of a variance allowing a property owner to occupy a temporary certificate of occupancy in a new home while demolishing the existing house, with conditions including disconnecting utilities, a three-week temporary occupancy period and demolition completed by Aug. 1, 2026.

The Meade County Planning Board voted Feb. 3 to recommend that the Commission approve a variance request allowing a homeowner to build a new house on his existing parcel, obtain a temporary certificate of occupancy to move in, and then demolish the existing dwelling. The boardโ€™s recommendation included conditions staff outlined at the hearing.

Motion and conditions: The board voted unanimously to recommend approval to the County Commission with these restrictions: the temporary certificate of occupancy would be granted only once utilities to the old dwelling were disconnected and verified; the temporary occupancy period would be no longer than three weeks to allow moving and demolition preparations; the parcel will be restricted afterward to a single residential unit (no accessory dwelling units unless the parcel is platted); and demolition of the old structure must be completed by Aug. 1, 2026. The motion recommended the same staff clarifications discussed at the meeting.

Applicantโ€™s situation: The owner said he currently lives in a 1970s house with a wood foundation and wants to build a new home on the same parcel so he and his family can move directly from the old house to the new structure and then demolish the old building. The owner told the board he planned to manage demolition personally and estimated demolition costs at roughly $30,000โ€“$50,000.

Board reasoning and safeguards: Board members expressed concern about ensuring demolition actually occurs; to address that staff discussed bonds or other enforcement mechanisms if the owner failed to remove the old dwelling after moving into the new one. The board required evidence utilities are disconnected before temporary occupancy is granted and placed an explicit expiration date on the variance to ensure the project is completed in a defined period.

Outcome: The board approved the recommendation unanimously and asked the applicant to stay after the hearing for a short summary of the conditions to be transmitted to the County Commission.