Province takes steps to allow repair business to continue

Park County commissioners agreed last week to bend their rules, potentially paving the way for a car shop to continue operating in the Willwood area south of Powell.

Although Skip’s Auto and Diesel has operated along Wyo Highway 295 for years, county planning officials didn’t learn of its existence until June, as the building was originally licensed as a “farm store.” The commercial use of the 8,768-square-foot store makes it in violation of provincial regulations, as anything larger than 5,000 square feet is classified as a “major commercial use” — and that use is not allowed under the general state zoning plan of the United States. powell. .

However, the commissioners voted 3-0 last week to allow a deviation from their rules and allow store owner Skip Hart to apply for a special use permit for the business. A couple of Willwood ranchers told the commissioners that they rely on Hart’s service.

“The community relies heavily on Skip’s ability to fix all of our…cars, pickups, trucks,” said neighbor Floyd Derry. “And Skip does a really good job looking after us.”

Willwood farmer Keith Murray added that his family welcomed Hart’s store when it opened, as they struggled to keep up with the mechanical work on their equipment.

“…There’s no one else in the community on the Willwood who really works on trucks,” Murray said. “And in the city, there’s really no way to get a semi truck and trailer in their shop.”

The comments seemed to have an effect: Before voting yes, Commissioner Scott Mangold offered that “I think the farmers in the area need this [shop].”

However, not everyone supported the variance. County staff advised against approving the exception as it did not meet the criteria, while another owner objected.

Donna Cook Garland, a member of neighboring landowner Cook Inc., expressed concern about possible contamination from the store and feared it could look like a salvage business as vehicles begin to pile up. (A real salvage yard is about half a mile north of the site.)

“I’m not very confident that the owner won’t be using this for a salvage yard because of the way the building permit was obtained under false pretenses,” she said, calling from outside the country. “I feel like that was done on purpose.”

Randy Cook, president and CEO of Cook Inc., echoed his sister’s concerns, including about groundwater contamination.

“What we’re concerned about is following the guidelines of the EPA rules and OSHA standards,” Cook said in his telephone comments, questioning what would ensure those standards are met.

Hart and his representatives explained that the store has a concrete floor and drainage system designed to safely contain any oil and other materials that could be spilled, and he is trying to prevent vehicles and equipment from being piled up outside the store. In recent years, Skip’s Auto and Diesel have apparently received no complaints from neighbors, said Scott Kolpitcke, Hart’s attorney.

As for the failure to notify the county in 2015 that the new store would be used to house a business, Hart said it was an unintentional mistake.

“It was not our intention not to have the right zoning and permits,” he said, adding: “When we built the building, it happened so quickly. [in about 90 days] that I think it was just a mistake on our part.”

Planner Patti Umphlett said situations like this crop up from time to time.

“It’s not uncommon for people to build structures and later change their uses in construction,” Umphlett said, apparently responding to Cook and Garland’s comments.

The concern of the planning and zoning staff was the belief that Hart’s request did not meet the criteria necessary for a deviation. Umphlett and planner Kim Dillivan wrote in their staff report that: the situation lacks a particular circumstance or condition; the rules do not deprive him of the reasonable use of the property; and that the granting of the waiver is not in accordance with the intent of the county’s regulations.

Hart and his engineer, Scott Lewis of Granite Engineering, claimed the criteria had been met and noted the consequences a denial would have on Hart.

“Our basic argument is that we shouldn’t be penalized for having just built a bigger building,” Lewis said.

In filing the motion to grant the waiver, Commissioner Lloyd Thiel said he believed Hart qualifies for the waiver, noting that the county’s criteria “may be open to interpretation.”

Commissioner Mangold said “many farmers repair cars and trucks” [and] not get approval” from the province.

Commission President Lee Livingston and his colleagues voted to approve the variance as Commissioners Dossie Overfield and Joe Tilden were absent.

Thiel added that any concerns from neighbors could be allayed when the board considers licensing for the Skip’s Auto and Diesel in the future.

“This is not an over-and-done deal today,” he said.

The permit goes to the Park County Planning and Zoning Commission for that council’s review and recommendations before being sent to the county commissioners.