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Fremont County BOZA approves variance for ground-mounted solar at 114 North Kathy Lane

3795230 · June 10, 2025
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Summary

The Fremont County Board of Zoning Adjustment unanimously approved a variance May 20, 2025 to allow a ground-mounted solar array about 15 feet from North Kathy Lane at 114 North Kathy Lane after county staff found topography and forest cover created a hardship.

Fremont County’s Board of Zoning Adjustment on May 20, 2025 approved a variance allowing a ground-mounted solar installation about 15 feet from North Kathy Lane at 114 North Kathy Lane, despite an R‑3 front-yard setback requirement of 75 feet.

County planning staff told the board the parcel’s steep terrain and dense forest left the applicant little buildable area and that removing trees and bulldozing to meet the setback would impose a monetary hardship. "The applicant is requesting to permit and install a ground mount solar on his property approximately 15 feet adjacent to Kathy Lane," county planning staff said during the meeting.

The variance relief would reduce the front-yard setback from the required 75 feet to 15 feet, leaving a 60‑foot deficiency. Staff noted side and rear setbacks would comply (about 125 feet and 182 feet respectively) and that the lot was legally created in June 1996. Staff also cited Fremont County Zoning Resolution provisions allowing BOZA to grant variances when strict application would cause unnecessary hardship and when the character of the zone district would not be altered.

County staff said notices were mailed to adjacent property owners on April 29, 2025 and a public hearing was published in the local paper on May 5, 2025. Staff reported no negative comments; two neighboring property owners called to ask about the project and "didn't care," staff said.

A board member moved to approve the variance and the motion passed unanimously. "I will move to approve," the mover said; the clerk called the vote, and the chair announced the variance was "approved unanimously." The board did not record individual member vote names in the minutes provided.

Staff recommended approval contingent on the applicant obtaining any required building permits and complying with applicable inspection and safety requirements.

The board's action relieves the applicant from meeting the 75‑foot front setback at this site but does not change other zoning requirements or relieve the applicant from obtaining a building permit for the solar installation.