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Commission approves small setback variance for Mesquite property after applicants cite county guidance confusion
Summary
The commission granted a variance (V26-006) allowing a 3.5-foot side-yard placement of a concrete slab where five feet is required in a T3 zone after applicants said county staff initially provided incorrect setback guidance; staff had recommended denial on grounds the hardship appeared self-imposed.
Aaron and Michelle Salas received approval for a reduced side-yard setback (V26-006) at their Mesquite property after they explained they relied on county guidance when placing a concrete slab and later discovered the slab encroached on the required 5-foot separation. The commission approved the variance by roll-call vote.
Staff told commissioners the slab was discovered to be out of setback when the applicants applied for an accessory-building permit and staff recommended denial because staff's analysis concluded the variance appeared to be a self-imposed hardship and no similar variances existed in the notification area. The applicants said they had twice been told by county staff the relevant property corner was the rear rather than the side and that they had paid for an engineer to certify the slab when the discrepancy was pointed out. They also said adjacent neighbors had no objection.
Commission discussion acknowledged the administrative confusion caused by the different setback numbers on the county's zoning cheat sheets and directed staff to review user-facing materials. Commissioners approved the variance, noting neighbor nonobjection and the narrow extent of the encroachment.
Next step: The county will follow up on record-keeping and staff materials; the Salas family may proceed with the accessory building under the granted variance.
