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Lincoln County planning commission recommends approval of mother‑in‑law quarters at Whispering Hills

Lincoln County Planning Commission · July 9, 2024
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Summary

The commission unanimously adopted Resolution CU24‑003 on July 9, 2024, recommending approval of a conditional use permit to allow a second dwelling (mother‑in‑law quarters) on property at 10928 South Whispering Hills Road; staff said the accessory unit should not harm neighboring property values.

The Lincoln County Planning Commission on July 9 unanimously adopted Resolution CU24‑003 recommending approval of a conditional use permit to allow a mother‑in‑law quarters (a second dwelling) on property at 10928 South Whispering Hills Road in Whispering Hills Subdivision.

County Planner Judy Clark told the commission the applicants, Brian and Heather Cox, proposed placing a mobile home as a second dwelling on a large acreage parcel and that planning staff "has no objections to the proposed project" and does not expect a detriment to neighboring property values. Clark also stated that “mobile homes are not allowed as a main residence. As a second dwelling it does not exclude mobile homes so they are allowed as accessory dwelling units.”

Opposition was recorded by telephone from nearby residents Barry and Janet Deaver, who told staff they did not want additional dwellings in the area. During the hearing, Commissioner Miller asked about septic setbacks; Clark said the county will obtain setbacks from the certified septic installer. Applicant Brian Cox told the commission Platte Valley Septic would do the installation and that he is a licensed septic installer.

Deputy County Attorney Tyler Volkmer clarified that private covenants are not enforceable by public entities during the review, when Commissioner Edwards asked about covenant enforceability. Commissioner Zak Eickhoff moved to adopt Resolution CU24‑003 "A," finding the application complies with Lincoln County zoning and subdivision regulations and the county comprehensive plan; the motion passed on a roll‑call vote with all present members voting aye and one member absent.

The commission's resolution is a recommendation of approval to the county; it formally records the commission’s factual findings and compliance determinations. Any subsequent permitting, inspections or compliance actions will follow county procedures and state statute.

The commission handled the matter as part of its July 9 agenda and recorded adoption of the resolution; the record shows the commission forwarded the recommendation consistent with its findings.