Board of Adjustment approves variance to reduce stream setback at 2192 Samack Park Loop

The Summit County Board of Adjustment on Feb. 20, 2024, approved a variance to reduce the county’s 100-foot stream setback to 5 feet for a single-family cabin at 2192 Samack Park Loop so the owner can rebuild on the existing footprint.

Staffer Jennifer told the board that Lot 38 is 0.49 acres and that the applicant has applied to combine Lot 38 and Lot 39 into a single 0.81-acre parcel through a pending plat amendment. “The southwest corner of the existing cabin is approximately 5 feet from the high water mark of the stream,” Jennifer said, and noted the county’s development code requires a 100-foot setback. Staff recommended approval of a variance and said the decision should be conditioned on the plat amendment being recorded prior to issuance of a building permit.

Applicant Tracy said she wants to rebuild the cabin, which she described as “in very sad shape,” and that she hoped the project could be preserved for her grandchildren. She said she is not seeking to add new structures and that site constraints, including the septic leach field, limit reasonable options to move the house.

Ryan Stack, speaking for staff, told the board to evaluate the request “on its own merits,” warning that the board should not treat a variance hearing as an opportunity to renegotiate site layout with the applicant. The board discussed the site plan, neighboring structures and the location of the septic system before taking action.

Spencer moved to approve the applicant’s requested variance to reduce the stream setback from 100 feet to 5 feet on Parcel Lot 38 in Samack, subject to the findings of fact, conclusions of law and conditions of approval in the staff report. The chair called for the vote and, after members voiced their assent, declared the motion passed. The approval is expressly conditioned on completion and recording of the plat amendment that combines Lot 38 and Lot 39; staff said no building permit will be issued until that plat is recorded in the county recorder’s office.

With no further items on the docket, the board closed the meeting.

Next steps: the variance takes effect only after the plat amendment is recorded and any conditions in the staff report are satisfied; the applicant must then apply for and receive a building permit before reconstruction begins.