San Juan County planning panel approves temporary RV permit for home build after HOA concerns

The San Juan County Planning Commission voted to approve a temporary conditional-use permit May 8 allowing an RV to serve as living quarters while a house is built on a parcel in Old LaSal.

Kristen Bushnell, planning department staff, told the commission the application was from Frank Herman and that the property is in an A-1 agricultural zone north of State Road 46. "This use is permitted as conditional in the A-1 zone," Bushnell said, and recommended conditions requiring protection of existing water wells from contamination, compliance with Utah Division of Drinking Water rules for any water storage tanks, compliance with building-permit and county health requirements, and coordination on fire safety.

The permit approved by the commission is for six months with up to three extensions, for a possible maximum of 24 months under county rules. Bushnell noted that the Deer Haven Park homeowners association CC&Rs allow occupants of a temporary dwelling for only 18 months, and said "if that breaches HOA's 18 months, that would be a civil suit against this applicant." The planning commission does not enforce private covenants, she added.

During public comment, Annal Fever, president of the Deer Haven Park POA, asked the commission to refer the application back to the POA's architectural review committee, saying the association's CC&Rs permit residency in an RV only during construction and that the HOA's review should be considered. "If you grant it, we can still block it," Fever said, referencing private enforcement by the HOA and the possibility of civil action.

Commissioners moved and seconded a motion to approve the application with the staff's recommended conditions plus an explicit fire-safety condition. After a voice vote — "Aye" — the chair declared the motion carried.

The commission and staff clarified that extensions are tracked by inspections and that county extensions can total up to 24 months even when association covenants provide a shorter allowance; any enforcement of private covenants would be pursued in civil court by the HOA or affected neighbors. Bushnell also noted that the county will require compliance with wildland-urban interface fire code standards and said the county would coordinate directly with the fire chief on any specific fire-code conditions.

The commission did not record a roll-call vote or name a mover and seconder in the meeting minutes; the motion was approved by voice vote.

The commission returned to other business after the vote. The applicant was not present in person; planning staff said they could represent him at the hearing.