Planning commission approves two wireless CUP renewals; Board of Adjustment grants three variances and denies one

The Town of Jackson Planning Commission on July 16 recommended approval of two conditional use permit renewals and the Board of Adjustment (BOA) decided on four variance requests for a single Upper Cache Creek Drive property.

Planning Commission: wireless conditional use permits Planning staff presented two separate five‑year renewal applications for existing wireless communications facilities at Snow King. Andrew Bowen explained that, under the LDRs, wireless facility CUPs expire every five years and therefore require renewal as a new CUP review even when no changes are proposed.

- P25‑076: Renewal of an existing CUP (original P18163) for an antenna on a 30‑foot light pole adjacent to the Cowboy Coaster at 402 East McKean Avenue. Staff recommended approval, finding the project met the conditional‑use standards in LDR division 6.1, and no new public comment had been received during the current notice period. The commission moved, seconded and voted unanimously to recommend approval subject to departmental review comments in the staff report dated 07/16/2025.

- P25‑077: Renewal of an existing CUP for a wireless facility at the base of Snow King (Rafferty Center), 402 East Snow King Avenue. Staff again recommended approval, found the CUP met the required findings and reported no new public comment; the commission moved, seconded and voted unanimously to recommend approval subject to departmental review comments.

Board of Adjustment: variances for 840 Upper Cache Creek Drive The BOA considered four related variance requests from an owner seeking to redevelop a single‑family home that is legally nonconforming with respect to the town’s primary street, side, and natural‑resource (Cache Creek) setbacks. Andrew Bowen and applicant representative Brent Segura (Intelligent Architecture) described the project as retaining the existing foundation/concrete basement walls while updating finishes, adding roughly 540 square feet above an existing garage and replacing and squaring off an aging deck; the applicant said plans intentionally avoid moving development closer to Cache Creek and that the proposed changes would not expand the building footprint into more sensitive areas.

The BOA actions were: - P25‑113 (variance from 25‑foot primary street setback): APPROVED. The board approved a variance permitting a 5 ft 4.25 in encroachment (109.3 sq ft aggregate, second‑story addition above the garage) subject to departmental review and a recommended condition that the property owner record an affidavit limiting future horizontal expansion north of the existing structure (building envelope to be shown and recorded within 45 days).

- P25‑131 (variance from 15‑foot side setback, western property line): APPROVED. The board approved a 1 ft 1.625 in encroachment (5 sq ft) for the second‑story addition above the garage, subject to departmental reviews.

- P25‑132 (variance from 20‑foot natural resource/Cache Creek setback for patio/deck): DENIED. Staff recommended denial of the variance into the Cache Creek setback because the application could not meet required LDR findings; the BOA voted to deny on that basis.

- P25‑133 (variance from 25‑foot primary street setback for an existing deck on the southern side of the house): APPROVED. The BOA allowed a 14 ft 0.25 in encroachment (44.8 sq ft) to replace and slightly expand an existing deck, subject to departmental reviews.

BOA members and staff discussed precedent for variances to nonconforming structures and stressed the board’s role in balancing reasonable use against public protections; staff added the recommended recording condition to preserve a larger Cache Creek buffer for future development. Applicant Brent Segura said the project retains the existing concrete basement walls and that most work is interior rebuild and reinforcement to meet modern code; he described the deck work as repair and minor reconfiguration of a 50‑year‑old structure.

Actions and next steps: The planning commission will forward the CUP approval recommendations to Town Council as part of the standard renewal process. The BOA’s variance decisions are final per the BOA’s authority, subject to any appeal rights specified in the LDRs.

Votes at a glance (formal recorded motions) - P25‑076 (CUP renewal, 402 E. McKean Ave) — Motion to recommend approval: moved (unnamed commissioner), seconded (unnamed); unanimous approval. - P25‑077 (CUP renewal, Rafferty Center / 402 E. Snow King Ave) — Motion to recommend approval: moved (unnamed commissioner), seconded (unnamed); unanimous approval. - P25‑113 (variance: 25 ft primary street setback, second‑story addition above garage) — Motion to approve; unanimous approval; condition requires recording of building envelope affidavit within 45 days. - P25‑131 (variance: 15 ft side setback) — Motion to approve; unanimous approval. - P25‑132 (variance: 20 ft Cache Creek buffer — patio/deck) — Motion to deny; unanimous approval of denial. - P25‑133 (variance: 25 ft primary street setback for southern deck) — Motion to approve; unanimous approval.

Speakers on record for these items include Andrew Bowen (planning staff), Brent Segura (applicant representative, Intelligent Architecture) and the applicant/owner for the Cache Creek property (not identified by full name in the transcript). Several commissioners and BOA members participated in discussion; motions and votes are recorded in the meeting minutes.

Ending: The two wireless CUP renewals will go forward to Town Council with a recommendation of approval. The BOA’s variance approvals and denial are effective as of July 16, 2025; staff will follow up on the BOA condition that requires an affidavit and a site plan to establish the recorded building envelope where required.