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Valley County approves variance allowing Hodge home 10 feet from high-water line
Summary
The Valley County Board of Commissioners approved variance 24-007 to allow a new residence at 326 West Tamarack Falls Road to be built 10 feet from the high-water line, with several conditions intended to protect stream water quality.
The Valley County Board of Commissioners approved variance 24-007 on March 10 allowing an applicant, Eric Hodge, to site a new residence 10 feet from the property—s high-water line and to reduce the front setback from 20 feet to 15 feet at 326 West Tamarack Falls Road, a 0.42-acre lot.
Planning and Zoning staff reported that the Planning & Zoning Commission unanimously recommended approval at a February 13 public meeting. Staff said the subdivision was recorded Sept. 14, 1959, and that small lot sizes and the stream—s location create the hardship supporting a variance. Agency comments included a Central District Health letter with no objection provided the property connects to central sewer; the fire marshal and airport manager offered no concerns. Several nearby property owners sent letters of support or no objection.
The commission approved the variance with the Planning & Zoning Commission—s recommended conditions: maintain vegetation between the foundation and the stream; install and maintain permanent best management practices (BMPs) along the creek to divert runoff before and after construction; submit an erosion-control construction plan; ensure roof runoff drains away from the creek; and do not alter the creek channel. County staff said the BMP and erosion-plan conditions will be attached as conditions on the building permit and enforceable by code enforcement.
Eric Hodge, the applicant, described site constraints and measures to protect water quality during the Planning & Zoning review, according to the staff summary. Planning and Zoning staff noted that nearby properties and prior variances in the subdivision informed their recommendation.
A commissioner moved to approve the variance "with the stated conditions of approval, including those five specific ones from the Valley County Planning And Zoning Commission and adopt the facts and conclusions as written." The motion was seconded and the chair called for the vote; commissioners voiced their support and the motion passed. One commissioner said, "I will vote aye, but I'm not very excited about the fact that we're putting housing that close to water bodies," and emphasized the need for follow-up inspections of BMPs to prevent erosion and protect inflows to the lake.
The decision adopts the Planning & Zoning findings that the variance: (1) is in harmony with adopted ordinances and policies; (2) will not be detrimental to public health, safety or welfare; (3) is appropriate because of special circumstances; and (4) will not have undue adverse impacts on the environment, adjoining private property, or government services. The property will connect to central sewer, eliminating septic as a point of concern listed by staff.
The commissioners directed that the listed conditions be enforced through the building-permit process and by routine code-enforcement follow-up. No formal appeal or further administrative action was recorded in the meeting minutes provided.
