Planning Commission approves variance allowing barn and three large animals at 1076 Windflower Lane

The Grantsville Planning Commission on a recorded vote approved an appeal by Tory McCurdy of a zoning administrator denial, allowing three large animals at 1076 Windflower Lane despite the proposed barn location not meeting the 100-foot setback from an adjacent residence.

Zoning staff told the commission the denial hinged not on acreage but on sequencing: because construction had started on the adjacent home after the barn was proposed, the barn location now falls within the ordinance’s 100-foot structure-based radius. Shelby, the city’s zoning administrator, explained that the rule applies to the structure (the house footprint) and that earlier permitting sequencing could have avoided the issue.

Developer Barry Gittleman, who identified himself as president of Hamlet Homes and as owner of nearby lots, urged the commission to judge the request based on current neighbors’ views and the information before them: “It does say you’re not supposed to have [structures] within a 100 feet of an adjacent property … but in this case, I think what future homeowners are proposing is actually a good plan that would allow more area for their horses without bothering the neighbors at all,” he said.

A speaker who identified herself as Gloria, speaking for the applicants, said the proposed 72-foot siting gives more usable area for the animals and that the horses would not remain confined to the barn full time: “We would rather it be for the animals as much as possible,” she said. Commissioners questioned nuisance risks (flies and smell) and whether granting a variance would set a precedent. Several commissioners suggested adjustments such as moving the stable area within the barn toward the house or adding fencing so animals remain on the side of the barn farthest from the adjacent residence.

After discussing conditional language and the possibility of an administratively reviewed site plan that would keep animals on the side of the barn nearest the house or require fencing, a commissioner read a motion to approve the appeal as presented. The commission proceeded to a roll-call vote; the chair announced the motion passed.

The commission’s action overturns the zoning administrator’s denial for this property and allows the applicant to proceed with the barn and keeping three large animals at the site, subject to any conditions the applicant or staff implement during permit review. The commission did not adopt a blanket change to ordinance wording; commissioners emphasized this was a case-by-case decision.