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Adams County board approves special exception for accessory building with deed restriction
Summary
The Adams County Board of Adjustment approved a special-exception request allowing an accessory building across the road from John and Nancy Conkle’s home, conditioning approval on a deed restriction that prevents separate sale of the two lots; permits still required.
The Adams County Board of Adjustment voted to approve a special-exception request allowing an accessory building on a parcel across the road from the home of John and Nancy Conkle.
The board's approval, taken at a public hearing, was conditioned on a town-recommended deed restriction preventing the two lots from being sold separately without zoning compliance. County staff said the restriction would be recorded in the deed and costs about $30 to file.
Staff described the request as a special exception under the Adams County Shoreland, Wildland and Habitat Protection Ordinance (sec. 3.96.39(d)(4)) and the Adams County Comprehensive Ordinance (sec. 405-12(c)). The applicant provided site plans and photographs and staff said the lot across the road is not buildable for a home on its own; the proposed accessory building is intended for storage on that parcel.
Applicant John (recorded in the hearing as John Conkle) described the siting: “I plan on putting the shed … about 110 feet back. The shed is 40 feet long,” and confirmed the structure would sit roughly where trailers currently are. Board members asked about setbacks and septic locations; John said the existing lot with the house has a septic mound that prevents placing the shed there.
A nearby neighbor, Michael Holzum, told the board he had no objection to the shed and raised a purchase-option question if the parcel were sold separately in the future: “We could have an option to purchase that land versus purchasing that shed with the house,” Holzum said. Staff and board members responded that a separate sale would require returning to the board for a variance and that the deed restriction is the tool to prevent an immediate split.
S3 moved to approve the application with the town’s recommended condition to combine the lots and prohibit individual sale; S1 seconded. The board voted in favor and the motion carried. County staff instructed the applicant to obtain required building permits from the planning office before beginning work.
The approved accessory building was described in the hearing as roughly 30-by-40 feet sited about 110 feet from the road on a 100-by-200-foot lot; the deed restriction will be prepared and recorded as part of the conditional approval.
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