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Commissioners table variance to store tires at residence; applicant withdraws request
Summary
An applicant sought a variance to store tires on a property for use in building a home; commissioners raised building-code, quantity and disposal concerns, tabled the matter pending answers and the applicant later withdrew the request. County Attorney cited I.C. 39-6902(1) regarding unlawful tire disposal.
A variance request from resident Burton Tew to store tires on his property — purportedly to use the tires as materials in building a home — was tabled by the Franklin County Commissioners on July 22 after questions about building-code compliance, the number of tires, time frame and who would haul tires to a landfill if the project failed.
Attorney Adam McKenzie represented Tew and presented the variance request. Commissioners asked whether the proposal would meet the International Building Code and county codes, requested a precise tire count and a schedule, and asked for a financial commitment and contingency plans for removal. County Attorney Vic Pearson raised a separate legal concern, asking whether a local tire dealer (identified in the minutes as Keller Tires) had been disposing tires at the property and noting that such disposal could be unlawful under I.C. 39-6902(1).
Commissioner Dirk Bowles initially moved to deny the variance; the motion was revised to table the matter pending answers to the board’s questions. Boyd Burbank seconded the motion to table and the vote was unanimous. Later in the meeting Adam McKenzie returned to report that his client, Burton Tew, had withdrawn the variance request; no variance was granted.
The action leaves open the possibility of re-filing if the applicant provides the building-code analysis, a count and timeline for the tire use and a financial plan for removal if the construction approach does not proceed.
