Council denies special exception for Funke access road after debate over easements, alternatives and safety

Chuck and Annalia Funke (represented by architect Bill Van Sickle and attorney John Hellacker) sought a special exception for an access-road segment that would require more than the county’s 250-foot allowance of 10–12% grade. The applicants said they had secured easements and had improved the access road; fire chief Ben Nelson submitted a letter recommending approval.

Engineering staff described options — cutting a section, constructing a fill, or relocating utilities — but said power lines and existing recorded 20-foot easements constrain widening. Council members invoked the four statutory criteria for a special exception (not detrimental to public health/safety; intent of chapter met; no other equitable remedy available; equitable/unique circumstances). Several council members said similar noncompliant roads exist in the canyon but that special exceptions are rare and should be reserved for cases with no alternative.

Council debate turned on the fourth criterion: whether the applicants had exhausted alternatives such as securing additional easements, installing retaining walls or rerouting. Some council members said the fire chief’s support and improvements made the application plausible; others said alternatives likely exist and the county should not set precedent. The motion to deny carried 3–2. Staff offered to work with applicants and engineering on any feasible remediation and welcomed a return with additional evidence of exhausted alternatives.