Hubbard County grants Downey Drive variance allowing Wallens to split homestead lot despite easement shortfall

The Hubbard County Planning Commission/Board of Adjustment on a unanimous vote approved variance application 14-V-25, allowing Robert and Patty Wallen to subdivide a Long Lake homestead on Downey Drive into three parcels even though the resulting lots will not meet the county's 33-foot roadway easement requirement.

The decision matters because the Shoreland Management Ordinance and the subdivision ordinance establish minimum easement widths to ensure safe access and future road maintenance, but the board found the request compatible with other controls and that expanding the easement is not practicable because adjacent owners declined to grant additional width.

Patty Wallen, the applicant, told the board the subdivision would restore an intended configuration of the homestead and that the well and garden structure sit on the adjacent north parcel; she requested a boundary adjustment so those features remain with the lot occupants. Robert Wallen said Downey Drive has existed since 1947 and currently serves about 10 parcels. Environmental Services staff read the applicable code sections into the record.

Several residents who use Downey Drive spoke during public comment. Brad Jensen, who said he has maintained the drive since 1992, and other residents described the road as a narrow, dead-end easement and expressed opposition to expanding it to a 33-foot easement, arguing a wider road would increase through-traffic and change the character of the area. Isaac Flenner and Chris Goodminton told the board they had driven Downey Drive recently and supported the Wallens' request, saying current use and privacy would not be substantially affected by adding one lot.

Board members discussed whether the only nonconforming element would be the easement width and confirmed other requirements'including lot area and septic setbacks'would be met if the subdivision is approved. Member Kenneth said the property is roughly eight acres, that all three parcels would meet size and septic requirements, and that adding one lot represented a minor impact given the existing conditions. Member Veronica said she visited the site and encountered no access problems at the Wallens'lot view.

Member Ken moved to approve application 14-V-25, finding the request in harmony with the ordinances given the established, pre-ordinance road pattern and the unwillingness of adjacent owners to expand the easement; Veronica seconded. Members Timothy, Ken, Veronica and Larry voted yes; the motion passed. Staff will send the Wallens a letter from Environmental Services with the written decision and any required findings.

The board's approval leaves in place the Shoreland Management and subdivision requirements for future applications; it does not change ownership rights for other Downey Drive property owners or compel adjacent owners to grant easement expansions.

Note: The variance was discussed and decided during the Board of Adjustment portion of the meeting; public comment and a lot view informed the board's deliberations.