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Board approves variance to waive curb, gutter and storm drain on Iron Springs Road; approval conditioned on county agreement
Summary
After presentations from the developer and county engineer, the board approved a variance exempting three parcels near Iron Springs Road from installing curb, gutter and a city storm-drain system but conditioned the approval on an agreement with the county about costs and long-term drainage maintenance.
The Cedar City Board of Adjustments voted to approve a variance allowing three parcels near Iron Springs Road and 5300 West to be developed without the city-standard curb, gutter and storm-drain improvements, provided the developer reaches agreement with Iron County on how roadway and drainage work will be funded and maintained.
Developer Russell Westwood and his engineering team explained to the board that the parcels sit on the edge of the city boundary, abut county-maintained Iron Springs Road, and lie in an area the county envisions remaining a rural arterial with a borrow ditch and separate pedestrian path rather than the city's curb/gutter/storm-drain profile. County engineer Rich Wilson submitted a written concept plan explaining that the flat grades and existing drainage pattern make installation of city-style storm drains impractical without large, costly upstream changes; he asked the city to amend typical requirements for this stretch of Iron Springs Road.
City and county engineers told the board the area lacks adequate fall to support a 24-inch storm drain and that curb-and-gutter in place now would discharge to a borrow ditch and likely cause maintenance and siltation issues. The board discussed the five variance criteria (hardship, special circumstances, property-right parity, compatibility with the general plan, and the spirit of the ordinance) and concluded that the parcels presented special circumstances because the adjacent county road and master-plan uncertainty distinguish these lots from typical in-city frontages.
A motion to approve the variance was amended to require the developer to work with the county to document and fund any turn-pocket or other off-site improvements and to enter an agreement addressing long-term maintenance. The amended motion passed on a voice vote.
Board members said the decision reflects the current county-city engineering positions and that any broader policy change should be addressed by council-level agreements or ordinance updates rather than by parcel-by-parcel precedent-setting.
Ending: Staff said the developer must finalize a written agreement with the county and produce any required development agreements for recording before permits are issued.
