Understanding setbacks and permits

During their final meeting of 2020, the Saratoga Planning Commission discussed a variety of topics ranging from the Memorandum of Understanding (MOU) between the Town of Saratoga and Carbon County to the final authority of special use permits. 

Three of the four current members of the planning commission were in attendance on December 8 and, even while addressing continued concerns from Ellie Dana-Raymer regarding the new Memorial Hospital of Carbon County (MHCC) clinic, the meeting concluded in under an hour.

What’s Going on Over There?

In recent weeks, a flurry of activity has been seen south of Saratoga as dirt work was being conducted prior to snowfall on property west of the Whistle Pig Saloon. Just as soon as the dirt work began, however, it stopped with no further development taking place. At the meeting, Commissioner Tom Westring shed some light on the stalled project.

“I had a gentleman from Blakeman Propane reach out to me, I think it was late Friday afternoon, regarding their project south of town on the Ingleby property,” said Westring. “They’re doing a bulk propane facility.”

According to Westring, the project was similar to one approved by the Saratoga Planning Commission two to three years prior. Additionally, Blakeman Propane had approached former zoning officer Dan Ferrin in 2018 regarding property north of Saratoga, which is now owned by JaJaCa Properties.

“They’re currently seeking a variance from the county for setbacks and he talked like the county’s really being hard on them as far as the setbacks. So, they are seeking a variance,” Westring said. “He was supposed to have sent me out a site plan.”

Discussion then went to the MOU between the Town of Saratoga and Carbon County in regards to planning, zoning and development outside town limits. Originally passed on July 2, 2019, and following months of discussion, the MOU established a boundary surrounding the municipality that would require Carbon County Planning and Zoning to notify the Town of Saratoga of any upcoming projects.

“I’m surprised we haven’t seen anything from the county because, per the MOU with the county we are supposed to receive something, especially for a variance,” said Westring. “So I was really surprised we didn’t see anything on that.”

Along with the potential propane facility, another project occurring within the boundaries established by the MOU is on property owned by James Phillips. Councilmember D’Ron Campbell informed the planning commission that both she and Councilmember Jon Nelson had talked with representatives from the county about the project. Campbell added that she believed it was for a farm or some other agricultural project.

A public notice that ran on November 25 for property owned by Phillips only detailed a zone change for approximately five acres from agricultural to residential.

Whose Approval?

Another item tackled by the planning commission was in regards to who had final authority on the approval of documents such as special use permits and recreational vehicle permits. According to section 2.16.040 of the Saratoga Municipal Code, the only authority held by the planning commission is to “make reports and recommendations relating to the plan and development of the town to public officials and agencies”.

Chairman Jim Beckmann began the conversation by saying that he had his own thoughts following his review of the special use permit application, but that he wanted to hear what the town council’s thoughts were on the matter. 

Campbell replied by stating that special use permits, recreational park permits, variances and zone changes were all subject to final approval by the governing body of the Town of Saratoga. She added that she agreed with Beckmann’s comments from a previous meeting that it was the commission’s responsibility to make recommendations, but not to approve or deny applications.

“That’s obviously been my mindset since being a part of this commission. If you read the special use permit application, there’s many instances where it infers that the planning commission is the only approving authority and then, at the very end, appeals go to the town council,” said Beckmann. “So, I think the whole application is going to need scrubbed.”

A Minor Setback

Finally, while there has been substantial progress on the newest clinic from MHCC, concerns have continued to be raised about its approval by Dana-Raymer. As was reported previously (see “Adjacent and abutting” on page 1 of the October 14 Saratoga Sun), Nelson had addressed concerns over his approval of a building permit for MHCC following the departure of Kent Smith, who had been working for the Town of Saratoga as zoning officer on an as needed basis.

During the December 8 meeting of the planning commission, Alex Dorsey—who is currently being contracted by the Town to perform building inspections—informed the commission that he had received requests for documentation regarding the setbacks of the building.

“This is just asking for documentation of the setbacks. I’ve tried to figure this out a little bit. As far as I know, what is being said on this information request it has been reported that Kent Smith, as zoning officer, gave approval for the MHCC clinic,” said Dorsey. “I don’t believe that’s correct. As far as I know, it’s only been Jon Nelson who has signed off on the building permit.”

Campbell corrected Dorsey, stating that Smith had been called in by Mayor Pro-Tem Bob Keel to initially review the permit. As was reported previously (see “Planning commission zoned out” on page 1 of the September 16 Saratoga Sun), Keel had initially requested Nelson not review the MHCC building permit following concerns over a supposed conflict of interest. Keel then recused himself from review of the building permit due to his employment with MHCC and informed Nelson he could review the permit.

“You go back to the original permit, Kent Smith is the first signature on it,” Campbell said.

According to section 18.06.510(A)(2), when a through lot such as the one that the new clinic is being built on has dual frontage the zoning officer may waive the requirement of the normal front yard. The planning commission stated that Smith’s approval on the building permit for the MHCC clinic counted as approval to waive the setback.

The next meeting of the Saratoga Planning Commission will be at 5:30 p.m. on January 12, 2021 at Saratoga Town Hall.