The Bannock County Planning and Development Council approved a variance request that allows property owner John Good to rebuild a covered side structure with a 0-foot side-yard setback at 131 East Cindy Avenue in Ingram.

The council voted unanimously to grant the variance from the 20-foot side-yard requirement after hearing that the structure replaced an earlier lean-to destroyed by fire and that the new construction would largely follow the previous footprint. Staff recommended conditions addressing fire safety, drainage, encroachments and neighbor notification.

Planning staff described seven recommended conditions and the council added an eighth requiring a written letter from the adjacent property owner referencing the variance and conditions. Planning Director Hal Johnson told the council that any structural elements that sit on or near the property line — such as posts or beams for the lean-to — must meet fire-rated construction and that the details will be worked out at the building permit stage. Staff also required Jackson Creek Fire District review before a permit is issued, an engineered drainage plan to ensure no runoff flows onto adjacent property, and restrictions on wall openings where the building meets the property line.

Applicant John Good told the council he is rebuilding a side structure lost in a fire and intends to replace it broadly in the same location. Council members questioned how gutters and downspouts would be routed so runoff remains on Good's property; Good said downspouts would be routed back onto his side and that the retaining wall and grades on the site already help direct flows. Staff and the applicant agreed the remaining technical details — including exact fire-rating assemblies, downspout locations and final drainage measures — will be resolved during the building permit review.

The council attached these conditions to the approval: compliance with applicable fire-separation and building-code requirements for walls on or near the property line; no windows, vents or wall openings on the zero-lot-line wall; Jackson Creek Fire District approval prior to building permit issuance; gutters and downspouts not to encroach unless an easement or written consent is recorded; no structure or footing may encroach across the property line; submission and county-engineer approval of an engineered drainage plan; a privacy buffer to mitigate visual impacts; and a written approval letter from the adjacent property owner that references the variance and staff conditions.

The motion to approve was adopted by roll call (four yes, zero no). The council recorded that it will verify compliance with the conditions before permit issuance and that the fire-district review and the drainage plan must be satisfied prior to any building permit being issued.