Planning commission tables Don Knight red-tag appeal for one month after staff cites code violations

The Elko County Planning Commission on Feb. 19 voted to table for one month an appeal by Don Knight of a red tag issued for unpermitted structures and ground-mounted solar panels on his rural property. Commissioners and staff said they want to give Mr. Knight time to work with county staff while legal counsel researches how long an item can be held in abeyance.

Don Knight, who participated by Zoom, described the structure as a shed completed around 2017 and said the solar panels are portable and used to run a security system when he is away. "I'm asking that the shed just be left alone," he said, adding he is frequently out of state for work and cannot afford major repairs. County building staff and the county surveyor told the commission the building encroaches across a property line and requires either a boundary-line adjustment, reversion to acreage, or a parcel merger to meet setback rules.

The county's Director of Building and Safety read provisions of the 2018 International Building Code and said the owner is required to obtain permits for construction and electrical work; he told the commission, "I can tell you that he's in direct violation of the code, so there's really no basis for appeal." A deputy from the district attorney's office outlined potential misdemeanor penalties and daily fines but also said prosecutorial action depends on reporting and office priorities.

After discussion about the decade-old photographs and the appropriateness of criminal penalties, a commissioner moved to table the appeal for one month and ask Mr. Knight to begin communications with county staff; the motion passed by voice vote. The item is scheduled to return to the commission's March meeting.