City Council on Tuesday night upheld a variance decision made by the Planning Commission at a Dec. 14 meeting, signifying a win for developer Randy Schams and his townhome project on Nevada Highway.
The appeal filed by Kiernan McManus on Dec. 20 was denied 4-1 by the council, with Councilman Cam Walker giving the only dissenting vote.
The appeal stated that the setbacks granted to BCMHP LLC, a company owned by Schams for his townhome project at the site of the old at the Boulder City Mobile Home Park did not meet the requirements needed to justify a variance.
BCMHP LLC requested that setbacks be moved closer to the property line to 10 feet from the front of the property, zero feet from the side and 5 feet from the back of the property line. The request was needed because the townhomes will have shared walls.
McManus and council members were at a disagreement over whether or not Schams’ property was exceptional enough to warrant a variance.
McManus said that the land was not exceptional enough and that Schams should have know the zoning limitations of the land when he bought it.
“Randy is trying to take one zoning designation and do something different with it,” McManus said. “He knows he can just go ask you for a variance and he will get one.”
McManus went on to say that Schams’ request for a variance is not the same as a regular homeowner asking for one.
“This is not some random neighbor who bought a house and needs a 9-foot setback for his patio. This is a long-term developer who was on the Planning Commission refusing to follow the code.”
Mayor Rod Woodbury disagreed stating that Schams’ situation was exceptional because the city’s zoning code does not accommodate townhomes.
“What bothers me is we don’t have a townhome code per se and that is an exceptional circumstance,” Woodbury said. “I like the project and I think the conditions are well thought out if we needed to impose new conditions.”
Schams spoke in public comment to defend his need for a variance.
“I have build around 40 subdivisions in my career and I cannot remember one where I did not ask for a variance,” Schams said. “If you want me to tighten the space up, I can do that by making two-story homes but I wanted to make single-story affordable housing.”
Councilwoman Peggy Leavitt said that the project would bring affordable housing to Boulder City and that she was listening to residents who have said that the council has not done enough to address the issue.
“We have taken criticism in the past for not addressing affordable housing and this is affordable housing,” Leavitt said. “I think this project will be good for the town and I am going to support it.”
Walker said he supports the project, but felt that the city was not using its proper authority to make sure Schams stays accountable for the changes he wants to make. He said that he would support Schams’ variance if the developer would agree to a 10-foot setback to the south of the property instead of 5 feet.
“I am in favor of the project and would have supported it if he met my conditions,” Walker said. “I just don’t think we should give him a variance and hope he does something we want.”
Woodbury said that the city should encourage developers to work with them, but not make demands about what a developer should do with his or her property when the city zoning code is inadequate.
Residents who packed into City Hall were mixed over the council’s decision to allow the variance.
McManus said he was disappointed but “not surprised” by the council’s decision.
Resident Jane Robe owns a home near the mobile home property and she said she supported the project because it would raise her property values. She even public chastised McManus.
“Let me ask you Mr. McManus, do you own property within 500 feet of the park because I do and this directly affects me,” Robe said. “People that live near me are excited for this project because it is going to raise our property values. Does no one remember the problems at the trailer park?”
Resident Ernie Koontz said that the property could still be viable as a trailer park, but that City Council was unwilling to find the right use for the land.
“This could be a good area for low-income and elderly residents as a trailer park,” Koontz said. “All we need is good management and unfortunately good management is in short supply.”
Darlene Medina said townhomes were an ideal project for the area.
“I would prefer townhomes to condominiums and apartments,” she said. “I would like to see this project move forward and I would also like to see some of the adults in this room remember how to be nice to each other.”
With the council’s vote, Schams’ variance has been approved meaning that the issue is closed and no other appeals can be filed.
In other actions, City Council:
n Decided not to raise salaries for the mayor and council members. City Council voted in 2015 to look at salaries of the two elected positions every two years before candidates file for the upcoming election. The annual salary for the mayor is $26,000 while council members receive $20,000. Salaries will be looked at again before the 2019 municipal election.
n Approved a 1 percent lodge tax increase to help pay for the Las Vegas Convention and Visitor’s Authority and the newly created Stadium District. The vote was a means to consent with Clark County tax rate changes that occurred in November 2016.
Contact reporter Max Lancaster at mlancaster @bouldercityreview.com or at 702-586-9401. Follow him on Twitter @MLancasterBCR.