Scott County BZA approves conditional-use variance to house ill parents on existing parcel

The Scott County Board of Zoning Appeals on Nov. 12 approved a conditional-use variance allowing a small dwelling on an existing parcel so an applicant can house and care for two medically fragile parents. The board approved the variance with conditions and recorded the action as passing with one member absent.

The applicant, who identified herself as Christie, told the board she and her husband bought a 15.6-acre parcel on Quickcreek and want to place a modest residence near the road so she can care for her parents, both of whom the applicant described as seriously ill. "We thought we'd put them on our land, get rid of theirs, put them near me … so a little bit easier for me to take care of them," Christie said in testimony to the board.

Board members asked whether the proposed unit would be deeded separately and whether the request would create multiple residences on a single parcel. Christie said the family did not plan an immediate deed split; the structure would remain part of the existing 15.6-acre parcel and would include its own septic, electric and water. The board clarified that a conditional-use approval based on medical need would not automatically permit general occupancy if the medical need ended.

The board explained the typical options for such applications — deny, approve as submitted or approve with conditions — and focused discussion on verification that medical need exists and persists. The chair said the most practical compliance mechanism would be an annual recertification: "It does not have to come in front of this group. It could be simply a letter submitted to the office that recertifies those," the chair said, describing the documentation standard the board intended to require.

After questioning and staff confirmation that required notice had been mailed, the chair moved to approve the conditional-use variance with the conditions discussed; the motion was seconded and the board voted to approve (recorded as passing with the absence of one member). Staff told the applicant to apply for a building permit and said the permitting process is usually completed within about a week after submission.

The board and staff also advised the applicant of implementation steps, including completing required inspections and addressing any foundation work revealed by inspections before construction proceeds. The applicant acknowledged those requirements and thanked the board.

The board did not alter the county's rule that a conditional-use dwelling approved for a medical purpose must be recertified annually; the approval will be enforced through annual medical documentation submitted to county staff rather than automatic reappearance before the board unless circumstances require a formal hearing.

The board adjourned after concluding other business.