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Hearing officer hears setback-variance request for 590 South 400 East parcel

Carbon County Administrative Hearing Officer Meeting · July 7, 2026
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Summary

At a July 7 Carbon County administrative hearing, applicant Doris Johnston requested a zoning variance for parcel 2-1129-000 at 590 South 400 East, citing lot-size hardship; county staff noted a potential five-foot rear-yard shortfall and asked applicants to consider neighbor-building impacts and culvert access requirements.

Hearing Officer Nick Totten opened a July 7, 2026 administrative hearing to consider a zoning setback-variance request for parcel 2-1129-000 at 590 South 400 East. The applicant, Doris Johnston (who introduced herself as "MedTech"), said she and her family bought the lot about a year and a half ago and moved a modular home onto it; county staff later told their contractor the lot may be unbuildable under current setback rules, prompting the variance request.

Johnston said the lot’s narrow width and existing placement of the modular create what she described as an unnecessary hardship. She told the hearing that the modular sits about 30 feet from the road on the south frontage and about 12 feet from the north property line, and that the lot is approximately 50 feet wide by about 153.6 feet deep. County staff and the hearing officer noted the applicable yard standards on that corner lot are roughly a 25-foot front yard and a 20-foot rear yard, leaving about a five-foot shortfall relative to the required rear setback.

County building official Todd Thorn confirmed the modular’s dimensions as 54 by 14 feet and reviewed the recorded lot dimensions during the hearing. Hearing Officer Totten cautioned that locating the house close to the property line could limit neighboring owners’ ability to build compliant accessory structures, saying a close placement "could preclude the neighbors from building a garage or something on their property that's in compliance." The applicant said no nearby structures would create a public-safety concern and described living circumstances and financial investment—having purchased and moved the trailer and now staying temporarily with friends—as the basis for claiming hardship.

A property owner present said he had contacted Rocky Mountain Power, which indicated it could service the modular by running a meter to the corner pole and placing the meter on the front of the house. The speaker also said vegetation blocking a roadside ditch and culvert could be cleared and that a contractor is available to install the required driveway culvert for access. County staff said for lots like this the county typically requires a culvert for access but would not require additional roadway improvements.

Totten said he would review the county ordinance and state statute criteria and hoped to issue a written decision by the end of the week or the start of the next week. No formal vote or motion was recorded during the hearing portion on the variance; the hearing officer closed the discussion and continued the matter to his written determination.

The hearing record included these notable factual details: parcel referenced as 2-1129-000; site address 590 South 400 East; lot dimensions about 50 feet by 153.6 feet; building siting approximately 30 feet from the road and 12 feet from the rear property line; modular size 54 by 14 feet. The hearing was adjourned at 2:48 p.m., and Totten indicated he would issue a response in writing.