Board of Adjustment approves stream-setback variance for garage at 3033 South Cottonwood Drive

The Summit County Board of Adjustment voted to grant a stream-setback variance allowing an accessory garage to be built 25 feet from the high-water mark of a nearby stream at 3033 South Cottonwood Drive (Parcel WS-76).

Staff introduced project 23-501 and recommended approval, telling the board that the lot is about 0.19 acres and that the Weber River runs along the east side of the property. "The code requires a 100 foot setback from the high watermark of the stream," Staff said, "and because the lot is only about 130 feet at its deepest length, it is not possible to build on this lot without some sort of variance." Staff recommended the board approve the variance "per the findings of fact, conclusions of law and conditions of approval that are in the staff report."

At the public hearing, neighbor Chris Patten of 2899 Cottonwood Drive told the board he and other nearby residents were familiar with conditions on the lane and supported the applicant's proposal. "We live, three lots further north from the new house," Patten said. "We understood and agree with [the applicant's] explanation."

Applicant Brian Godfordsen described the proposed garage location as generally in front of his travel trailer on the adjacent lot and said the structure would be strictly for utility and storage: "I can put my tractor, I can put my mowers, I can put my yard equipment... It's not a secondary ancillary building that is being built or structured for anyone to ever inhabit it."

Board members raised concerns about a nearby 4–5 foot drop-off and a soft shoulder where the land meets the stream, asking how erosion and engineering would be addressed. One member recommended structural mitigation such as an embankment or rock wall, and staff reminded the board that those technical issues would be resolved through the building permit and engineering review process after the variance decision. "There will have to be a permit that's pulled that is subject to review," Staff said. "So that's not really the inquiry in front of the board tonight."

The board discussed the five legal standards for a variance. Staff found the hardship was peculiar to the property because the lot was platted prior to local zoning (the subdivision dates to 1961) and that applying a 100-foot setback would render the parcel unbuildable. Staff also found the proposed location consistent with neighborhood development patterns and the Eastern County General Plan's guidance to minimize impacts. The board agreed with staff's findings and concluded the variance met standards one through five as outlined in the staff report.

A motion to approve the applicant's request to reduce the stream setback from 100 feet to 25 feet for Lot WS-76 was made, explicitly including the findings of fact, conclusions of law and conditions in the staff report; the motion was seconded and approved by voice vote. Counsel confirmed that "the variance is granted by the board."

The approval is subject to the conditions listed in the staff report and to the subsequent building-permit and engineering review that will evaluate erosion control, structural mitigation, and any additional technical requirements. The board did not read final permit conditions into the record; those will be enforced through the permit process.

Next steps: the applicant will pursue required permits and any necessary engineering or erosion-control measures required by County building and engineering staff.