Council to hear appeal about variance for townhome project

An appeal of the Planning Commission’s decision to issue a variance for a townhome community on Nevada Highway will be heard at Tuesday’s 7 p.m. City Council meeting at City Hall.

The appeal filed by Kiernan McManus on Dec. 20 stated that the setbacks granted to BCMHP LLC, a company owned by developer Randy Schams, for his townhome project at the site of the old 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.

The Planning Commission approved the variance by a 5-2 vote Dec. 14. Commissioners Fritz McDonald and Paul Matuska cast the dissenting votes.

McManus’ appeal states that the planning commission was “grossly bias(ed) in favor of the applicant” and that the city’s staff report recommending the variance be passed was not based upon an understanding of the city code.

During the hearing, all parties will be granted time to state why a variance should or should not have been granted. After the hearing, the City Council will vote on the fate of the variance.

McManus said he was thrilled to learn the council would hear his case.

“I am happy to hear they are letting my appeal go forward,” McManus said. “I know in the past the council has always expressed an understanding of the issues and I think there is a valid reason why this project should not move forward.”

All decisions made by council during the appeal are final and can not be brought up again, according to City Clerk Lorene Krumm.

Contact reporter Max Lancaster at mlancaster @bouldercityreview.com or at 702-586-9401. Follow him on Twitter @MLancasterBCR.