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Snowflake council denies variance for accessory dwelling after neighbor safety concerns
Summary
The council voted to deny a variance for 119 E 9th South St., citing failure to meet code criteria and amid neighbor testimony about fire risk, prior illegal construction and potential drainage impacts. The denial passed 4–1 with one abstention.
The Snowflake Town Council on Jan. 6 denied a variance request that would have allowed conversion of an accessory structure at 119 E 9th South St. into a rental/accessory dwelling. Mayor Byron Lewis moved, and Councilmember Mark Sheen seconded, a motion to deny the variance on the grounds that the proposal did not meet the required criteria (C and D) in town code. The motion passed 4–1 with Councilmember Cory Johnson voting no, Councilmember Travis Kay abstaining and Councilmember Joe Bjornn absent.
Applicant Derek Flake described proposed fire egress and a layout he said would be safe and argued the structure could be brought into compliance. Planning staff (Bruce Meyer) cautioned that approving a variance would allow further review to determine whether the structure could meet code requirements; staff and planning and zoning had recommended processing the variance to identify potential problems.
Neighbors offered prolonged and emotional opposition. Longtime property owner Barry Austin said the outbuilding was built without permit, was filled with debris, had caused past encroachments and drainage concerns and posed a fire risk; he warned that if the building burned "Barry’s house is going to go down with it." Clay and Linda Van Deren and other neighbors said the structure had not been built to code, described mold and flooding problems, and asked that the structure be demolished rather than converted. Opponents also raised an apparent conflict concern because Flake has served on a local commission; council members noted Flake sat in the audience and did not participate in the vote.
Council debate focused on the variance criteria: some members argued the existing structure could be improved; others said approving a variance would accept past noncompliance and potentially harm neighbors. Mayor Lewis said he was "not convinced it meets C," and Councilmember Sheen said he did not think the variance met the code criteria either. After discussion, the council voted to deny the variance to prevent legitimizing the existing nonconforming elements.
Next steps: the record shows the variance was denied; the transcript records neighbors’ calls for demolition and safety remediation but does not document an enforcement outcome or specific remediation timeline.
