Hubbard County planning board approves three variances, denies one; sets septic and buffer conditions for after‑the‑fact permits

The Hubbard County Planning Commission and Board of Adjustment approved three variances and denied one at a meeting that included extended discussion about shoreline setbacks, septic compliance and mitigations for after‑the‑fact structures.

The board approved variance 58 V 25 for Thomas Wormley to install a drain field within the ordinary high‑water setback after staff and board members cited wetlands and steep slopes that constrain placement. "You've done everything you can to put this where it needs to be," the chair said during deliberations, and the board accepted staff findings and approved the variance unanimously.

The board then approved variance 59B25 for Craig Willis to construct a garage that would otherwise encroach on side‑lot and road right‑of‑way setbacks. Veronica and Tim described lot‑view measurements and a proposed mitigation involving retention of an alternate septic site; the application passed with the body adopting staff findings.

A major after‑the‑fact request, application 60B25 from Thomas/Jabarian, sought to retain a second‑story 12×24 deck built in 2017 that staff measured at about 92 feet from the ordinary high‑water mark. The applicant told the board the deck and an older concrete patio predated current ownership. Veronica moved to approve the after‑the‑fact variance with three conditions: a 10×15 no‑mow buffer next to the existing vegetated area, installation of a compliant septic system by 06/30/2026 prior to issuance of after‑the‑fact land‑use permits, and completion of all violations by the same date unless the variance becomes null and void. "The septic must be installed by 06/30/2026," Veronica said when proposing the condition. The motion carried with all voting members in favor.

The board denied application 61V25, an after‑the‑fact variance for a guest cottage on the Adams property that failed to meet minimum lot‑width and 100‑foot setback requirements. Jeremy Klinger represented the applicant; board members and staff raised concerns about unverified bedroom counts and septic capacity. Tim summarized staff history and compliance issues, saying the owner had previously been directed to remove structures and "so he ignored direction to remove them and now has chosen the path of a variance." Veronica moved to deny the setback/lot‑width portion of the request and to adopt staff findings on septic sizing; the motion passed unanimously.

Votes at a glance

- Approval: October 27 Board of Adjustment minutes — motion passed (ayes: Tim, Mike, Veronica, Larry). - Approved: 58 V 25 (Thomas Wormley) — variance to place drain field within ordinary high‑water setback; outcome: approved, unanimous. - Approved: 59B25 (Craig Willis) — setback variance to place a garage; outcome: approved, unanimous (board adopted staff recommendations and conditions discussed at lot view). - Approved with conditions: 60B25 (Tom Jabarian) — after‑the‑fact retention of 12×24 deck; conditions include a 10×15 no‑mow buffer, septic installed by 06/30/2026, and completion of violations by 06/30/2026; outcome: approved, unanimous. - Denied: 61V25 (David Adams) — after‑the‑fact guest cottage variance for lot width and 100‑ft setback; outcome: denied, unanimous.

What happens next

Staff said the December agenda will likely include three or four variances and other winter items. For the properties approved with conditions, the board recorded clear compliance deadlines: applicants must obtain after‑the‑fact land‑use permits and finish required septic work by the stated June 30, 2026 deadline or risk voiding the variances.

The meeting was adjourned after the votes.