Commission approves conditional use permit to convert existing structure to major accessory building with condition tying designation to new primary residence

The Snyderville Basin Planning Commission approved a conditional use permit to allow an existing structure in the Silver Creek subdivision to be redesignated as a major accessory building after the property owner constructs a new primary residence.

County planner Amanda Curtis presented the application. The existing structure is described in the staff report as a large garage-style building with a small living unit; the proposal would convert that existing building into a major accessory building of 4,482 square feet that includes a 995-square-foot accessory dwelling unit (ADU). The property owner, Tucker Byrne, told the commission he and his wife purchased the lot in 2023 and plan to build a new primary residence on the property and use the existing structure as a major accessory building while they raise a family.

Commissioners and staff discussed process details because the code ordinarily requires accessory buildings to be incidental and subordinate to a principal structure. Staff and legal counsel advised the commission that the applicant has applied for building permits for the new primary residence and that the commission could add a condition tying final approval of the accessory designation to issuance of the certificate of occupancy (CO) for the new primary residence. The commission adopted that recommendation: the motion approving the conditional use permit included a condition that a certificate of occupancy for the potential future primary residence be issued prior to the existing building being designated as the major accessory building. Commissioners voted unanimously.

A neighbor, Dave Christensen, spoke during the public hearing and asked for confirmation that the proposal complies with lot-size limits and ADU rules; staff confirmed the accessory building size is within limits for the lot, the ADU square footage is under the 5,000-square-foot threshold referenced in the meeting, and that the accessory building and ADU conformed to code criteria.

The commission’s approval was recorded with the condition tying the accessory designation to the CO for the new primary residence. The owner may continue the buildingpermit process for the new primary residence, and staff will require the CO before the accessory designation takes effect.