NOTICE: Carbon County Development Permit On-line Application and Process Guide  

SB 442 Override Letter - April 6

August 4, 2020

August 4, 2020

Commissioners Scott Blain and Bill Bullock; and Administrative Officer Angela Newell were present.

8:30 Pledge of Allegiance

8:45 Scott Miller joined the meeting.

9:00 Contract Planner Forrest Mandeville met with Commissioners to discuss the Ricciardi Group 1 permit variance request. Mandeville reviewed his staff report. At 27 ft 5 in, the front property line does not meet the 30 ft setback requirement in County Development Regulations. It does meet the 20 ft setback required by the HOA covenants. As the home was already under construction, they are seeking a variance to the setbacks. Staff Recommendation is approval with the following conditions:
1. The variance approval shall be interpreted as the minimum needed – i.e. to allow a 27-foot 5-inch front setback as shown on the site plan. Any other encroachment into the setback will be in violation of the Development Regulations.
2. Any deviation from the site plan must be made known to the Planning Office to determine whether or not the deviation is in compliance with the approved development permit or if a new permit is needed.
3. All other necessary permits must be obtained.
Bullock asked Sirrine his perspective as a Planning Board member. Sirrine noted the Planning Board’s main concern was the discrepancy between HOA covenants and the County’s regulations; they would like to put some effort into educating HOAs regarding regulations. Bullock moved to approve the Ricciardi variance request with the recommended conditions; Blain seconded; motion carried.

9:30 Mandeville and Commissioners discussed the Elk Peak Subdivision preliminary plat. Travis West of Engineering West was also present. Mandeville reviewed his staff report including probable impacts. Mandeville recommends approval of the preliminary plat application with the following conditions:
1. Filing of the final plat shall be subject to the review and approval by the Carbon County Sanitarian.
2. A notation shall be provided on the final plat that legal and physical access is provided to each lot per 76-3-608(3)(d) MCA.
3. The final plat shall be submitted in compliance with Section IV-C of the County Subdivision Regulations and the Uniform Standards for Final Subdivision Plats (24.183.1107, ARM) as applicable.

4. Covenants for the property should be submitted and filed with the final plat which include the following:
a. Homeowners required to consult with the Roberts Fire District to ensure driveway width is adequate to provide fire truck access and turnaround at terminus.
b. Reference to the “Living with Wildfire: Homeowners’ Firesafe Guide for Montana 2009” available at as well as information from the Montana DNRC for reducing wildfire risk (
5. A waiver of the right to protest an RSID for fire protection improvements and road improvements, including dust control, shall be prepared and filed with the final plat. Notice of this waiver shall be placed on the face of the plat.
6. Per Section V-A-15., the final plat shall show the location of all existing and required utility easements, and must include the following statement: “The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric, power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of the lines and other facilities, in, over, under and across each area designated on this plat as “Utility Easement” to have and hold forever.”
West discussed the additions to covenants following the Planning Board meeting.
Bullock noted the challenge with maintaining the road that accesses the subdivision; he would like to explore imposing impact fee on lots at sale. Discussion about the limits placed by the covenants restricting further subdivision; only four lots at this time. Bullock asked about wells for the subdivision; West confirmed that covenants require cisterns if a well cannot produce a minimum number of gallons per minute. West noted shallower wells may be recharged by irrigation, but there is the possibility for deeper wells that would hit an aquifer. West noted there is a larger water study that has been completed for this area. Bullock moved to approve the Elk Peak Subdivision preliminary plat application with the recommended conditions; Blain seconded; motion carried. Mandeville departed the meeting.

10:00 Mandeville and Commissioners reviewed the Knifeman Final Plat. Kate Stout of Red Lodge Surveying was also present. The preliminary plat was approved with conditions February 4, 2020 to lift an agricultural covenant. Mandeville has determined that the conditions of the preliminary approval have been met and recommends approval. Mandeville reviewed the probable impacts from the preliminary plat review.

Bullock moved to approve the Final Plat for the Knifeman 1 lot subdivision; Blain seconded; motion carried.

Bullock moved to approve Commissioners’ Proceedings for July 28, 2020; Blain seconded; motion carried.

Bullock moved to accept the Treasurer’s Cash Report for July 2020; Blain seconded; motion carried.

Travis West discuss the flooding on Two-Mile Bridge road. West noted there was a section where the bend in the river was blown out. He recently walked the Creek with the Army Corps. Landowners would like to work together for a long-term solution to address flooding in the area.

10:30 DES Coord. / Fire Warden Tom Kohley met with Commissioners for his monthly update (report attached). Discussion regarding placing Road employees on standby for fire severity staffing through the DNRC Option 3 agreement; Kohley did not believe it was necessary at this time. Discussion regarding EMPG Reverted funds grant; the grant requires a 50% local match with non-federal sources. Commissioners would like to wait to see how close the budget is to being balanced to decide if the grant will be accepted. Kohley and Commissioners discussed the non-congregate sheltering plan in relation to COVID-19; Public Health has requested that a rental be secured for this purpose. Kohley noted availability of rentals likely to increase as we move out of summer tourist season. Bullock noted assisted living and group homes should have their own plans and does not believe public funds should be expended for this purpose; Blain agreed.

11:40 Sanitarian Cortney Lynde met with Commissioners for her monthly update. Noted still getting a lot of septic permits; seven in the last week. Lynde detailed the State’s adjustments to the licensed establishment inspection agreement; contact related to COVID-19 issues will count as inspections for reimbursement. Lynde noted she will try her best to also complete formal inspections. Lynde discussed enforcement issues; most require DEQ involvement. Lynde noted she is currently working with local establishments regarding the food recall for onion salmonella; has been doing follow-up with restaurants and documenting disposal. Lynde also noted dissatisfaction from a Stormitt Butte Subdivision landowner. The Subdivision was approved for cisterns but several wells were later approved. A lot was purchased with only cistern approval; buyer was under the impression they had a well, but per DEQ was never approved.

12:00 Adjourned for lunch.

1:00 Fair Board members Melissa Oswald and Phil Nardinger met with Commissioners for their preliminary budget. Brent Moore of Interstate Engineering was also present. Discussion regarding project prioritization and average annual capital allotment. Commissioners agreed to transfer $11,000 from 2019-2020 unspent appropriations to the Capital Fund.

Respectfully submitted: Angela Newell, Administrative Officer