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Commissioners discuss three variances for Counts Hay & Cattle minor subdivision; one variance approved, others deferred
Summary
Planning staff recommended preliminary approval subject to conditions. The commission approved a variance to allow an existing road (Big Country Drive) to remain but deferred decisions on a shared-driveway variance and a fire-suppression/water-supply variance until April 16.
Broadwater County commissioners reviewed the preliminary plat and three variance requests for the Counts Hay and Cattle Minor Subdivision, a one-lot split from a 138.8-acre parcel intended for two single-family homes.
Nicole Brown, Broadwater County community development director and planner, presented the staff findings and noted the subdivider intends two residences on the lot, served by shared well and individual septic systems. Brown said the application was complete after a brief five-working-day pause to include a missing map; the 35-working-day review window ends April 28, 2025.
The subdivider requested three variances from the county’s September 2024 subdivision regulations: (1) allow Big Country Drive to cross the lot (variance from section 5(f)(b)), (2) allow a shared driveway to serve the two homes (variance from section 5(h)), and (3) waive the requirement that a water supply of sufficient volume for effective fire control be provided within the subdivision (variance from section 5(r)).
Commissioners approved the first variance for Big Country Drive after commissioners described minimal negative impact from keeping the existing road alignment. The vote was taken by voice and the motion passed.
Commissioners expressed concerns about the second and third variances. On the shared-driveway request, staff said the county’s revised regulations (Sept. 2024) generally limit a driveway to a single home because of emergency-addressing and maintenance issues; previous regulations allowed two residences on a shared driveway. Commissioners asked whether a written maintenance agreement could be required; staff said nothing in the regulations or Montana Code explicitly authorizes the county to impose an enforceable driveway-maintenance covenant as a condition of preliminary-plat approval and the county attorney was not present to advise.
On the fire-suppression/water-supply variance, commissioners said the requirement could impose substantial cost on a small rural subdivision and noted Broadwater County has no building-inspector function to verify installation of home sprinkler systems. The subdivider provided a letter from Broadwater Rural Fire District Chief Ed Schindel indicating the district will accept the subdivision if residential structures include fire sprinklers; commissioners asked staff to provide that letter in the record. The board deferred decisions on the second and third variances to the April 16 commissioner meeting to allow additional review and written material to be circulated.
Brown told commissioners that several specific conditions will be required before final plat approval, including a fire protection plan, weed-management plan, approvals from the Broadwater County Environmental Health Office for water/wastewater, and standard platting and easement provisions. Public comment on this item at the planning board meeting produced none, Brown said.
