Washoe County Board of Adjustment Meeting – March 5, 2026

The Washoe County Board of Adjustment met on March 5, 2026, at 9:30 AM (adjourned at 3:06 PM) to consider two agenda items: a variance request for a funicular track at 552 Gonewabi Road in Crystal Bay, and an appeal of a code enforcement violation at 300 Para Springs Road in Warm Springs. The board approved the variance (4-1) and upheld the code enforcement violation (unanimous).

Consent Calendar

• The board approved the amended agenda (item 8B postponed by mutual agreement) and the February 5, 2026 draft minutes without dissent.

Public Comments & Testimony

• Item 8A (Variance): Stephen Krull, a neighbor of the applicant, expressed deep concern about the funicular track. He stated that the track would eliminate his side setback protections, harm his privacy, and create noise, as he lives alone in his home of nearly 50 years and is 86 years old. He urged the board to deny the variance.
• Item 8C (Code Enforcement): James Shrek, a neighbor, testified against the appellant, Jonathan Belfort. He stated that Belfort has been living in an RV on the property for nearly nine years without water or septic, has filed multiple lawsuits and FOIA requests, and is using the system to delay compliance. He urged the board to resolve the matter.
• Appellant Jonathan Belfort (also speaking during his own presentation) argued that his civil rights have been violated, that the enforcement is retaliatory, and that the board should abstain from ruling due to pending litigation.

Discussion Items

Item 8A – Variance Case WPVAR 25-006 (552 Gonewabi Road, Crystal Bay)

• Staff Presentation (Julio Lander): The applicant requested a variance to reduce the required side yard setback from 8 feet to 1 foot 5 inches to install a funicular track from the garage down to the lakefront. The property is 92–94 feet wide (meeting narrowness not required) but has exceptional topography: a 76% slope from the garage to the rear of the garage and a 44% slope for most of the run. The track will be about 30 inches above grade for most of its length, but approximately 9.9 feet of the track will exceed 30 inches in height, making it a structure under code. The cart will be less than 30 inches above grade except at the top. Noise levels are estimated at 45 decibels at 15 feet (below an average conversation of 60–65 decibels). The applicant (David Marcott) stated the funicular is needed for safe access due to steep slopes and his wife’s scoliosis and foot problems. The architect (Kelly Martinson) noted that the cart will be visible from the neighbor’s windows for a short time (cart moves at 60 feet per minute) and that TRPA will review coverage and visual impacts at the building permit stage. The board asked about alternative locations; the applicant explained that other options were limited due to structural constraints and would reduce useful access by 40%.
• Board Discussion: Board members expressed empathy for the neighbor’s concerns but noted the property’s challenging topography, the existing encroachment of the house into the setback, and the prevalence of variances on Gonewabi Road. Member Rob Pierce supported the project, stating it would not create issues. Member Leo Horishny noted that a six-foot fence would be a greater visual impact. Member Peter Gershaw found the special circumstances criteria met (unique topography, no detriment to public good, no special privilege). Member Pat Caldwell questioned whether the funicular was the right solution given the medical issues, but ultimately voted no. The board voted 4-1 to approve the variance with the conditions of approval in Exhibit A.

Item 8C – Appeal of Code Enforcement Violation WVIO PLA 24-0100 (300 Para Springs Road)

• Staff Presentation (Chad Geisinger): This is an appeal of an administrative hearing officer’s order affirming a code violation for outdoor storage of an RV on a vacant parcel without an existing principal use (Washoe County Code 110.306.35B). The property is 104 acres zoned general rural agricultural. The violation has been ongoing since early 2018; the first appeal was heard by the Board of Adjustment on March 6, 2025, which unanimously upheld the violation and ordered removal within 25 days. The respondent (Jonathan Belfort) did not comply and instead filed multiple lawsuits. A second penalty notice was issued, and after a hearing, the hearing officer ordered removal within 30 days and a $250 fine. The respondent appealed to the Board of Adjustment. Staff recommended denying the appeal and ordering removal within 25 days. The board first voted (4-0, with one abstention? Actually all ayes on the continuance denial) to hear the item despite a request for continuance from the appellant.
• Appellant Presentation (Jonathan Belfort): Belfort raised procedural and jurisdictional issues, including lack of file-stamped documents, unaddressed jurisdictional challenges, and the impact of COVID-19 on permit extensions. He claimed he has a valid engineered septic system and that the county is acting in bad faith to prevent him from building. He requested a stay of enforcement pending resolution of his appeals and litigation.
• Board Discussion: Board members questioned Belfort about his permit status and compliance. He stated he had not reapplied for permits because he believed he should not have to pay again. The board noted that their role is limited to the code violation and that the appellant bears the burden to show the hearing officer’s decision was unreasonable. No board member expressed support for the appeal.

Key Outcomes

• Item 8A (Variance): Approved (4-1) with conditions of approval (Exhibit A). The variance allows a side yard setback reduction from 8 feet to 1 foot 5 inches for the funicular track. The board made all five required findings (special circumstances, no detriment, no special privilege, use authorized, no military impact). The decision is appealable to the Board of County Commissioners within 10 calendar days.
• Item 8C (Code Enforcement): The board voted to affirm the hearing officer’s decision and uphold the violation. The respondent (Jonathan Belfort) is ordered to remove all illegally stored RVs and other items within 25 days. The chair is authorized to prepare a written order. The decision is appealable to the Second Judicial District Court within 25 days of the mailing of the written order.