Dover City Council declines Talus Rock permit

DOVER — The City Council voted unanimously on Monday to deny an after-the-fact permit for Talus Rock, a resort retreat which drew strong objections from neighboring landowners.

“It’s certainly not harmonious with the neighborhood and the general objectives of our comprehensive plan,” Councilman Jim Janish said during the council’s deliberations.

The decision affirms a city Planning & Zoning recommendation to deny Bruce and Heather Pedersen’s permit application. The city began deliberating the permit request six months ago, well after Talus Rock had begun lodging guests and booking gatherings at the couple’s 8,000-square-foot home.

The Pedersens’ proposal has attracted competing choruses of supporters and opponents. Project advocates contend it is a unique community asset, while neighboring landowners maintain it has no place in their rural neighborhood.

Talus Rock generated noise and traffic complaints while it was operating without a permit, although the Pedersens have pledged to head off future problems by being more selective about the events it hosts.

The planning commission developed more than 20 conditions of approval aimed at mitigating impacts to the neighborhood.

But two questions have loomed large throughout the proceedings — enforcement of the conditions of approval and the prospect of litigation. Neighbors have repeatedly expressed concerns about the city’s ability to enforce the conditions. And both sides have retained legal counsel to bolster their respective cases while the project was under public review.

“I think this has gotten blown way out of proportion,” Councilwoman Maggie Becker said.

However, Becker conceded that she was troubled by the fact that permit approval was not sought until after Talus Rock began operating commercially.

Attorneys for the applicant have stated that the project is permissible under city codes, while counsel for the opponents argues that the city has the discretion to consider prior violations and reject the permit.

Mayor Randy Curless urged his colleagues on the council to judge the permit request without factoring in prior code violations. But Janish said prior violations are a matter of fact.

“It’s been demonstrated that compliance is not a priority or, I would say, an obligation of the applicant, which means that burden is going to have to fall on the city to enforce compliance,” said Janish.

Janish added that any economic benefits to the community would likely wind up in Sandpoint because Dover has limited commercial enterprises. Dover, meantime, would be saddled with enforcement costs it can ill afford.

Councilwoman Peggy Burge moved to deny the permit and Janish seconded.

The Pedersens released the following statement after the meeting adjourned:

“We recognize the great effort put forth by the city of Dover to consider this land use action, and we’re deeply appreciative of the effort and time extended by all. We are confident that the law allows this use, and we will be considering our rights afforded to us in the near future.”