Bannock County approves setback variance for Downey homeowner

The Bannock County Planning and Development Council approved a variance that reduces the side-yard setback from 20 feet to 7 feet for an accessory structure at 3380 East Virginia Road in Downey. The vote was unanimous, 5-0.

Applicant Wayne Christiansen told the council his family’s house and garage were destroyed by fire more than four years ago and that the parcel’s 0.88-acre size, the location of an existing septic system and well, proximity to the railroad and settling fill left few practical options for siting a replacement accessory building and future residence. “Five feet seemed a little close, so we ended up placed about 7 feet from the eastern property line,” Christiansen said, describing the location he requested to retain for a garage/shop and to preserve space for future residential construction.

Planning staff and the planning director reviewed the property with the applicant and concluded there are limited viable alternatives on the lot. Hal Jensen, the county planning director, told the council he had been on-site with the applicants and found the constraints persuasive and the variance application appropriate to the parcel’s physical conditions.

Council members discussed the required variance findings — lack of reasonable alternative, absence of conflict with the public interest, no expected adverse effect on adjacent properties and undue hardship caused by the site’s physical characteristics — and concluded the applicant met those criteria. The council noted nearby structures also predate current setbacks and that the applicant’s effort to retain a location for a future residence supported the variance.

The council’s action was taken on a motion to approve the variance request, and the vote was recorded as: Molly Dimock—yes; Chad Selenite—yes; Stuart Ward—yes; Edward Ulrich—yes; Crystal Madsen—yes. The applicant may now pursue necessary building and septic permits and inspections required by county code.