Variance puts county's flood insurance at risk

SANDPOINT — Two Bonner County commissioners’ stand against federal government influence in local land use decisions and development standards could cost landowners who rely on flood insurance.

The showdown centers around a Sagle couple who expanded their waterfront home and boathouse within the floodplain of Lake Pend Oreille without a permit and were later denied a variance aimed at correcting the problem.

But the defense of one landowner entangled in bureaucracy could come at the expense of more than 200 others in Bonner County who benefit from the National Flood Insurance Program.

Commissioners Lewis Rich and Cornel Rasor are moving ahead with granting Dwight and Pamela Sheffler a floodplain variance. The move comes against the wishes of the Planning & Zoning Commission, the Planning Department and the Federal Emergency Management Agency.

The couple’s home off Eureka Road was originally built nine tenths of a foot below the lake’s base flood elevation of 2,071 feet above sea level, but was grandfathered as a non-conforming use.

That status was lost a few years ago, when the home was substantially renovated and expanded, according to the Planning Department and FEMA. Under the rules, the structures would have to be brought into compliance with the county floodplain ordinance because the improvements exceeded 50 percent of the of their market value.

Dwight Sheffler testified during a public hearing on Feb. 17 that he investigated raising the bottom floor to the base flood elevation, but found it too expensive.

“It was impractical,” he said.

The Planning Commission unanimously denied the variance request last year on grounds that it would exempt the Shefflers from a requirement other landowners have to abide by and that it was contrary to the public’s interest.

Planning commissioners and staff maintain the landowners brought the trouble on themselves by deciding to build without a permit. The landowners counter that it’s the county’s fault for making them seek the variance.

The Shefflers appealed to the county commission, which agreed to hear the request anew.

Meanwhile, FEMA has repeatedly objected to the variance request and has warned the county it could jeopardize their participation in the flood insurance program or lead to increased rates for other Bonner County landowners who are in the program.

Suspension from the program could also prevent people from securing conventional loans for homes within flood hazard areas, county officials point out.

During the Feb. 17 hearing, Rich objected to the 50-percent rule governing non-conforming uses.

“That’s not a good qualifier because I know what you can do to an interior of a house and even the exterior as far as siding and amenities and so forth to double its value and never change the size of the house,” Rich said.

Rich also pointed out that the Shefflers have managed to obtain flood insurance and that the home has never flooded since they’ve owned it.

Rasor has questioned the accuracy of the floodplain maps and also whether the federal government should even be in the flood insurance business.

“From my perspective, we’re being held hostage by a FEMA regulation that is at best, we know could be, arbitrary,” said Rasor, who added that it’s the county’s responsibility to protect residents from federal curtailment of their property rights.

Commissioner Joe Young, who abstained from the vote, agreed a hardship could potentially be cited as justification for granting the variance, but found that the public interest standard could not be met because appeasing one landowner could impact many others.

“There’s a very good chance,” he said, “that they will increase flood insurance for the rest of county taxpayers.”

County commissioners are slated to discuss their findings on the variance on March 3, although the hearing is currently closed to further public testimony.