ADLC Board of Adjustment approves variance to create 0.5-acre memorial parcel on ‘A’ Hill

The Anaconda Deer Lodge County Board of Adjustment on July 9 unanimously approved Variance 26-004, allowing the Nelson family to subdivide a parcel on the county’s ‘A’ Hill and retain a 0.5-acre site for a memorial while donating the remainder to a nonprofit for eventual county ownership.

Planning Director Carl Hamming presented the staff report and recommended approval with five conditions listed in the staff report available on the county website. Hamming said the proposal would create a roughly 147.58 x 147.58 parcel for the memorial (the transcript does not specify measurement units) and confirmed that Resolution 24-21 prohibits burials on parcels smaller than 1.0 acre, so no interments are planned or permitted on the 0.5-acre lot.

Ken Connors, attorney for the Nelson family, told the board the family plans to record covenants, conditions and restrictions to prevent residential or commercial development on the retained parcel and to grant easements to allow public access to the memorial site. "They are basically just trying to do what they want to do as well as donating all the other resources and funds," Connors said, describing the arrangement as a community benefit that would preserve access to the hillside.

Joe Romero of the Pintler Athletic Center, a proponent, outlined how proceeds and NRDP reimbursement would be used: $100,000 to the Lincoln Elementary playground, $60,000 to the Anaconda Trails Society and the remainder to Anaconda Little League for field upkeep and improvements at the Marty May complex. "Every cent, except for any processing fees with the county, will go to the three organizations listed above," Romero said.

Hamming told the board the county intends to purchase the donated acreage from the nonprofit using state funds from the Natural Resource Damage Program to support the county’s Open Lands, Trails and Recreation Plan and to preserve public access to the hillside letter “A.” He also said the proposed cross at the memorial site would not exceed the district height limit (35 feet) and that staff and the applicants had discussed vandalism concerns and maintenance.

Board member Joe Ungaretti moved to approve the variance; the motion was seconded by Kayla Wyant and passed unanimously. Chairperson Jerry Arneson, Ungaretti and Wyant took part in the motion and vote; Member Steve Boyer arrived before the vote and was recorded as present. The staff report lists five conditions of approval; the transcript and meeting minutes reference those conditions but the meeting record does not enumerate them in full.

The board had no other substantive debate and recorded no public opposition during the hearing. Planning staff and the applicants said they will complete the necessary easements and record covenants before the county’s purchase is finalized. The meeting adjourned at 4:23 p.m.