Bannock County panel approves variance to allow up to 40% steep‑slope disturbance for Mountain Vista lots

Bannock County Planning and Development Council on Thursday approved a variance allowing increased disturbance of steep slopes on two Mountain Vista subdivision parcels to enable development access.

The council voted to approve an amended request by applicant Wyatt Radke to increase the maximum allowable disturbance of steep slopes on the two parcels, as supplemented in the staff report, with two conditions: an engineer‑prepared and county‑engineer‑approved stormwater/erosion control plan before any land disturbance, and a cap on allowable disturbance. The motion passed on a 3–1 roll call vote (Stuart Ward, yes; Trent Selenite, yes; Molly Dimock, yes; Crystal Madison, no).

The application, presented by a representative from Radke’s firm, described a 12.5‑acre parcel comprised of Lot 10 and a portion of Lot 9 in the Mountain Vista subdivision. The presenter said the parcels have areas of dense vegetation and an existing drainage easement that constrain buildable locations. He told the council the submitted topographic survey and a preliminary 20‑foot driveway alignment would, "disturb 8.5% of those slopes that are between 15 and 30 and nearly 15% of the slopes greater than 30%, which greatly exceeds the county ordinance." He said the applicant later supplemented the filing and was "specifically requesting that both slope restriction ranges be increased to a maximum disturbance of 40%" to encompass the driveway example and expected cut/fill.

During discussion, council members and staff emphasized that the council was considering only the disturbance portion of the application that night; a separate request to raise the maximum driveway grade (previously from 10% to 13%) was removed from the amended application pending further engineering and fire‑district review. Tristan, the assistant planning director, advised the council that because the slope portion of the application lacked a specific percentage in the original submittal, the council should include a clear numeric limit if it chose to approve.

Opponents and adjacent property representatives raised procedural and access concerns. Attorney Tom Caslenese, representing nearby owners, said he believed there could be implied easements and pointed to a North Bannock Fire District standard tied to the International Fire Code limiting driveway grade to 10% with a 20‑foot width. The applicant’s representative and a proponent, Carly Thompson, said the triangular parcels nearby are agricultural and not intended for building and that most disturbed areas would be regraded and returned to natural ground after construction.

The council’s approved findings state that, based on the record and testimony, the topography, lot configuration and an existing drainage easement limit buildable areas on the parcels; staff and commissioners estimated approximately 80% of the parcel is steeper than 15%. The council added two conditions when it approved the variance: (1) applicant shall submit and implement a stormwater/erosion control plan prepared by a licensed engineer and approved by the county engineer prior to any land disturbance; and (2) maximum disturbance of slopes 30% or greater shall not exceed 40% and maximum disturbance of slopes between 15% and 30% shall not exceed 40%.

Council members and staff noted that if later engineering shows the driveway or other elements would require further variance (for example, an increase to driveway grade), the applicant would have to return to the council for that separate approval. The record includes the applicant’s supplemental sketches, staff report findings, public comments from adjacent‑property representatives and testimony from the applicant’s engineer.

The council read the motion into the record and called roll; the motion carried 3–1. The council directed staff to finalize findings and an order for signature by the chair or vice chair.