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

Although Skip’s Auto and Diesel has been operating along Wyo. Highway 295 for years, county planning staff only learned of its existence in June, as the building had originally been permitted as a “farm shop.” The commercial use of the 8,768-square-foot shop puts it out of compliance with county regulations, as anything larger than 5,000 square feet is classified as a “major commercial use” — and those uses are not allowed in the general rural Powell zoning district.

However, commissioners voted 3-0 last week to grant a variance to their rules and allow shop owner Skip Hart to seek a special use permit for the business. A couple of Willwood farmers told commissioners they rely on Hart’s service.

“The community depends heavily on Skip’s ability to repair all our … cars, pickups, trucks,” said neighbor Floyd Derry. “And Skip does a really nice job of taking care of us.”

Willwood farmer Keith Murray added that his family welcomed Hart’s shop when it opened, because they were having trouble keeping up with the mechanical work on their equipment.

“... There’s nobody else in the community on the Willwood that really works on trucks,” Murray said. “And in town there’s really no way they can get a semi-truck and trailer in their shop.”

The comments appeared to make an impact: Before voting aye, Commissioner Scott Mangold offered that, “the farmers in the area, I think, need this [shop].”

Not everyone supported the variance, however. County staff advised against approving the exception, saying it didn’t meet the criteria, while another property owner objected.

Donna Cook Garland, a member of neighboring landowner Cook Inc., expressed concerns about possible contamination from the shop and worried it could look like a salvage yard if vehicles began to stack up. (An actual salvage yard lies about a half-mile north of the site.)

“I don’t have a lot of confidence in the owner to actually not use this for a salvage yard because of the way that the building permit was obtained under false pretenses,” she said, calling in from outside the country. “I feel like that was done purposely.”

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

“The bottom line that we’re concerned about is the following of the EPA rules guidelines as well as OSHA standards,” Cook said in his comments by telephone, questioning what would ensure those standards are followed.

Hart and his representatives explained that the shop has a concrete floor and drainage system designed to safely capture all oil and other materials that might spill and he tries to avoid stacking up vehicles and equipment outside the shop. Over the past several years of operations, Skip’s Auto and Diesel apparently didn’t draw any complaints from neighbors, said Scott Kolpitcke, Hart’s attorney.

As for the failure to inform the county in 2015 that the new shop would be used to house a business, Hart said it was an inadvertent error.

“We didn’t intend to not have the correct zoning, the correct permits in place,” he said, adding, “When we built the building, it happened so quick [in about 90 days] that I think it was just an oversight on our part.”

Planner Patti Umphlett mentioned that this kind of situation comes up from time-to-time.

“It’s not uncommon for people to build structures and down the road to change the use in the structure,” Umphlett said, apparently responding to the comments from Cook and Garland.

The planning and zoning staff’s concern was a belief that Hart’s request didn’t meet the criteria needed for a variance. Umphlett and planner Kim Dillivan wrote in their staff report that: the situation lacks a special circumstance or condition; the rules aren’t depriving him of the reasonable use of the property; and that granting the variance isn’t in harmony with the intent of the county’s regulations.

Hart and his engineer, Scott Lewis of Granite Engineering, contended the criteria had been met, noting the impacts a denial would have on Hart.

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

In making the motion to grant the variance, Commissioner Lloyd Thiel said he believed that Hart qualified for the relief, mentioning that the county’s criteria “can be open for interpretation.”

Commissioner Mangold mentioned that “a lot of farmers do do repair on cars and trucks [and] don’t get approval” from the county.

Commission Chairman Lee Livingston joined his colleagues in voting to approve the variance, as Commissioners Dossie Overfield and Joe Tilden were absent.

Thiel added that any potential concerns from neighbors can be addressed when the board considers the permit for the Skip’s Auto and Diesel in the future.

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

The permit will go to the Park County Planning and Zoning Commission for that board’s review and recommendations, before being sent on to county commissioners.