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Commissioners grant two‑year variance for accessory housing on 0.97‑acre lot near Cody
Summary
Board approved a variance allowing an accessory housing unit on a 0.97‑acre parcel less than the one‑acre threshold; commissioners limited the variance to two years and discussed precedent and YDOT’s prior right‑of‑way reduction.
Park County commissioners voted to grant a variance that allows construction of an accessory housing unit in addition to a single‑family residence on a 0.97‑acre parcel near the city of Cody, changing staff’s recommended one‑year expiration to a two‑year expiration.
Planning staff summarized that accessory housing units in the RH zoning district are permitted only on lots of at least one acre. The applicant, Jeff Umplet, owns Lot 9 in the Mueller subdivision (0.97 acres) and said the parcel was reduced below one acre when the Wyoming Department of Transportation (YDOT) took a small sliver of land for highway work in the early 2000s. The parcel lies just east of the city of Cody; staff reported the lot can accommodate a primary residence and an accessory housing unit with setbacks and an adequately sized septic system, and that municipal review by Cody was required because the parcel lies within one mile of city limits.
Staff recommended approval with conditions that included: (1) approval to expire one year from board action unless required permits were obtained and construction commenced; (2) required building and small wastewater permits before construction of each housing unit; and (3) compliance with Park County development standards and regulations.
Commissioners debated the appropriate expiration period. Some commissioners expressed concern about setting an open‑ended precedent by granting a variance without time limits; others argued the applicant had been unintentionally disadvantaged when YDOT reduced the parcel below one acre and that a multi‑year extension would be reasonable. The board ultimately amended the staff recommendation to change the expiration from one year to two years; commissioners noted the applicant could seek an extension if necessary under county rules and that, if county development standards later change to permit accessory units on smaller parcels, the applicant would no longer need a variance.
The board approved the variance with the reworded condition setting expiration at two years from the date of approval. Commissioners also discussed that, as part of the building permit process, the applicant must secure legal access approval from YDOT if a residential access is required.
