The following is a letter to the editor sent by property owner Page Gunderson:

On Wednesday, July 13, the City of Rock Springs, Planning and Zoning Commission put emotion over common sense.

The City of Rock Spring Ordinance §13-601 excludes unenclosed porches of one story from the “Building Area” of a lot. This means a property owner is free to build an unenclosed porch on his lot even if it crosses the setback line. The reason is that “building area” is that portion of a lot within the setback lines. Never the less, the City decided Mr. Gunderson’s porch crosses setback lines and violates the law. The City has sued Mr. Gunderson to make him tear down his porch.

Mr. Gunderson has is a stucco built beautiful porch with recessed lighting and ceiling fans. The roof support pillars are clad in decorative rock and the entire project is top quality. It provides  privacy to him and his aging mother—who he cares for—and, in turn, it provides privacy to his neighbors.

Mr. Gunderson is a good neighbor and he did the right thing. He visited with his neighbors before building the porch. His neighbors were glad for the porch. They even wrote in support of Mr. Gunderson when the City first demanded he tear it down.

Instead of listening to the neighbors, the City chose a lawsuit. Instead of being sue- happy, the City should have suggested an ever so slight modification to its planning and zoning ordinances. Since the City failed to take that reasonable step, Mr. Gunderson filed a citizens’ request for an ordinance change—even though the ordinances ALREADY appear to be in his favor. His proposed amendment will spell out that an unenclosed porch, like a detached garage, may cross setback lines.

The Gunderson amendment is the logical, common sense solution to this problem. It removes arbitrary barriers to our citizens’ use of private property. It will increase our tax base and it will get people outside of their homes—where community happens. It should have been recommended by the Staff.

Unfortunately Wednesday night, the Planning & Zoning Commission took the unreasonable step of recommending that the City Council deny this common sense ordinance change. Instead of fixing the City’s broken ordinances, the Planning & Zoning Commission favors lawsuits over comity, wasted money and a shrunken tax base over private property and liberty.

Fortunately, this is not the end of the story. The City Council now has an opportunity to review the proposed amendment. If the City Council favors the amendment, Mr. Gunderson’s porch will remain. It will remain and any other citizen will be able to add value and functionality to their property. This is yet another example of a disconnect between we the people and our government.
It makes no sense that our laws allow a detached garage, a balcony, or a deck but prohibit a porch.

Please attend the City Council meeting August 3, 2016 at 7:00 p.m. and urge your council members to pass the Gunderson Amendment.