Jackson County Board of Adjustments denies Cheney request to reduce garage setback

The Jackson County Board of Adjustments denied an application from Richard and Deian Cheney on May 26 for a dimensional variance (BOA 26-03) that would have allowed a 13-foot garage-door opening setback where the county ordinance requires 20 feet.

The applicants, who identified themselves as Richard and Deian Cheney, told the board their lot is tight (about 90 feet wide by 100 feet deep) and said they believed setback measurements applied from the roadway rather than the road right-of-way. Richard Cheney told the board he had expected a 10-foot standard when he purchased the parcel in mid-November and that staff conversations before purchase had been mixed: “We thought it would be 10 foot, 10 foot, 10 foot,” he said. Cheney said he later paid about $900 for a survey after staff raised concerns about property markers.

County staff said the Cheneys had been emailed on Jan. 22 and March 30 that the applicable setback is 20 feet measured from the road right-of-way, and staff read a May 13 letter from county engineer Jaden Shekele recommending a 20-foot clearance between an overhead garage door and the right-of-way for traffic-safety reasons. A staff member summarized the engineer’s position in the packet and told the board those recommendations were binding guidance for safety.

During deliberations, a board member said the applicants had not met the legal burden needed to justify a variance—specifically, showing a hardship not created by the owners or prior owners—and signaled an unwillingness to support the request. The board noted that a forward-facing garage on a small lot triggers the 20-foot front setback under the alternate regulations now in the ordinance.

A board member moved to deny BOA 26-03; another board member seconded. The motion carried by voice vote and the variance was denied.

What the board recorded - Applicant: Richard and Deian Cheney - Request: Allow a 13-foot garage-door opening setback where 20 feet is required - Board action: Motion to deny BOA 26-03; motion seconded and carried by voice vote; application denied - Staff/authority cited: county engineer’s May 13 letter (Jaden Shekele) and Jackson County zoning ordinance specifying the 20-foot front/right-of-way requirement

Why it mattered Board members said they must follow the written ordinance and the engineer’s safety recommendation. The applicants argued lot size, a shared well and septic location, and resale considerations made the stricter setback impractical; they also said they were confused by earlier communications about proposed changes to small-lot standards. The board pointed to the ordinance’s alternate small-lot standards (typically 10 ft for rear and sides, but 20 ft for a forward-facing garage) and the legal standard for granting variances.

Next steps and context The denial means the Cheneys must redesign or shrink the proposed garage or pursue another administrative pathway if available (staff noted some administrative relief is possible when encroachment is under specified thresholds and does not affect the right-of-way). The packet and the engineer’s letter are part of the public record for BOA 26-03.

The board concluded its deliberation and moved on to scheduling and other business.