Elko County planning commission approves variance to reduce Spring Creek side-yard setback for detached garage

The Elko County Planning Commission approved a variance to reduce the side-yard setback from 20 feet to 10 feet so property owner Rex J. Featherston may build a detached garage in Spring Creek.

Staff presented the application, describing site constraints including steep ground at the rear of the lot and mature pine trees that limit buildable area. "An application submitted by Rex J Featherston requesting a variance for a side yard reduction from 20 feet to 10 feet in an agricultural residential district to accommodate a new garage," staff told the commission and recommended approval with conditions tied to Elko County Code and state and local building rules.

The variance was approved by motion with staff recommendations, findings and conditions; the commission made a voice vote and carried the motion. Commissioners noted the 10-calendar-day appeal period before a building permit will be processed; staff confirmed an applicant may submit a building permit while the appeal period runs but it will not be processed until the period expires.

Corey, the planning staff member who presented the report, said the approval is subject to the restrictions and conditions outlined in Elko County Code 4.95 and compliance with the Nevada Revised Statutes and local building and development requirements. "This variance is subject to the restrictions and conditions as outlined in Elko County code 4 95," Corey said during the staff report.

Applicant Rex J. Featherston described site constraints that drove the request: "The area where the shop is is quite a bit lower about 4 feet. That's a slope right there. And there's 5, mature pine trees," he said, noting the proposed siting was chosen to stay outside tree drip lines. He also told the commission that the Spring Creek Association's Board of Architecture had granted its approval for the project.

During review commissioners asked about potential utility or road easements along the side property boundaries. Staff said standard parcel maps or subdivisions typically include a five-foot utility easement along side boundaries and a 10-foot easement along front boundaries; they indicated the proposed shop location was not within a road easement.

Motion and appeal details: the commission approved the variance by voice vote; the record does not show a roll-call tally. An appeal of the commission action may be filed with the Elko County Board of County Commissioners within 10 calendar days by submitting the county appeal form and the required $250 filing fee to the Division of Planning and Zoning. After the 10-day appeal period expires with no successful appeal, the applicant may proceed with building-permit processing.

The commission’s approval carries the staff-recommended conditions, including deed verbiage requiring future owners to acknowledge the variance conditions if the property is conveyed.