Planning council approves setback variance for Jensen property

The Bannock County Planning and Development Council voted unanimously to approve a variance for property owner Conrad Jensen to reduce the side-yard setback from 20 to 10 feet and the creek setback from 100 to 50 feet so he can construct a detached garage on a parcel addressed as 228 North Indian Creek Road.

The council opened a public hearing and heard from Jensen, who said he could not locate the garage in any other feasible spot because of the position of his well, septic, drain field and an old main power line. “I probably had better luck building over the creek than getting them to move that main line,” Jensen said, recounting advice from an Idaho Power engineer who told him that moving the main line would likely cost “hundreds of thousands” of dollars. Annie Hughes, Bannock County zoning planner, told the council no agency comments had been submitted on the application.

The council read and adopted findings concluding (1) there is no reasonable alternative due to topography and utilities, (2) the variance is not contrary to the public interest, (3) it will not adversely affect adjacent properties based on the prior side-yard variance history, and (4) denying the request would impose an undue hardship related to relocation costs. A member moved to approve the request as described in the staff report and proposed findings; the motion passed on a roll-call vote of 5–0. Stuart Ward, Edward Ulrich, Chad Selenite, Crystal Matson and Molly Dimock recorded yes votes.

Under the hearing rules read at the start of the meeting, council decisions may be appealed to the Board of County Commissioners within 10 days; the staff packet and the adopted findings will be available through Bannock County Planning and Development Services for anyone who wishes to pursue an appeal.

The council completed deliberations with no public testimony and signed the adopted findings for the record.