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Commission Approves Single Building Envelope in Kelly Subdivision Riparian Zone; Covenants Must Be Changed for Additional Development
Summary
The board approved a one-time building-envelope allowance for Lot 2 in the Kelly Subdivision so the property owner can begin construction while a larger covenant and floodplain amendment proceeds. Commissioners said any additional building within the riparian area will require changed covenants and formal amended platting.
Granite County commissioners approved a single building envelope for Lot 2 of the Kelly Subdivision that allows a house footprint within a previously platted riparian/no-build area, while requiring the property owner to complete a flood study and obtain covenant changes before any additional development.
Planner Linda explained that when the subdivision was originally platted the developer chose a broad riparian setback rather than paying for a flood study. Lot 1 previously received a small, specific envelope to permit a house. The Lot 2 owner had since completed a flood study showing the actual floodplain lies further from the proposed house site; the owner asked the county for a building envelope so contractors could begin work while an amended plat and covenant-change process proceeds.
Commissioners and county staff agreed to allow one building envelope limited to the footprint shown on the submitted exhibit. County staff and the record require that the owner obtain the covenant changes and an amended plat to move the no-build line permanently; if neighboring property owners do not agree to the covenant amendment, the owner will be limited to the single approved envelope. Planner Linda noted DNRC had reviewed the flood study and indicated conditional concurrence pending formal submission.
Ken Jenkins, representing the applicant, told the board the proposed house is staked on an upper bench well outside observable riparian vegetation. Commissioners stressed they would not entertain further encroachments into the riparian area until the covenant change process is complete and property owners sign any required amendments.
The board made and approved a motion granting the single building envelope with the stated conditions; staff will record the envelope and monitor compliance.
