Planning Commission Approves Major Variance to Reconfigure Two Highway 50 Parcels

The Douglas County Planning Commission approved Major Variance DP24-0025 on Tuesday, allowing a boundary-line adjustment between two parcels at 1321 and 1323 Highway 50 that maintains an existing side-setback encroachment and reshapes lot sizes to support redevelopment.

Linda Doherty, assistant planner with Douglas County, told commissioners the request included two parts: to maintain an existing encroachment into the side setback on Parcel 2 (an existing encroachment ranging from 4 feet 8 inches to 4 feet 10 inches where current code requires a 7-foot side setback) and to change Parcel 1 from 6,304 square feet to 4,309 square feet while increasing Parcel 2 from 2,900 square feet to 4,986 square feet. "It currently encroaches 4 foot 8 to 4 foot 10 into the setback, which today's standard is 7 feet," Doherty said.

Architect Phil Gillenfarr of Guillenfarr Architecture represented the applicant and described the design rationale: preserving a small carriage house on one parcel while reallocating area so both lots are more equal and buildable. Gillenfarr said the proposal uses an existing excavation and shared access to avoid additional excavation and to keep the garage tucked into the hillside.

Commissioners asked about neighbor notice, ownership of adjacent parcels and a past lawsuit referenced in the packet. Staff reported the parcels to the north and east are owned by Douglas County and the parcel to the south is owned by the State of Nevada; staff also said notices were sent to properties across Highway 50 and that no comments were received. On the September 2022 lawsuit noted in the packet, AJ Hames said he was not involved in that litigation but it appeared to be an administrative mechanism to obtain a court order so the assessor could assign parcel numbers rather than a hostile action by the county.

Commissioner Kirk moved to approve Major Variance DP24-0025 subject to the conditions in the staff report because the required findings are met; Commissioner Lori seconded. The commission voted in favor and the chair noted Commissioner Bryce Klutz was absent.

The owners are listed in the packet as the Talebi Family Trust 2013. The approved variance preserves the existing encroachment rather than increasing it and adjusts lot lines so each parcel can accommodate an average-sized home under the proposal. Staff conditions attached to the approval remain in force; the commission limited its review to the variance findings and did not decide on construction details such as final building heights or specific design elements.