Sandpoint upholds right-of-way requirement

SANDPOINT — Bonner County’s hail Mary pass found no receivers on the City Council on Wednesday.

The council voted unanimously not to waive a requirement to dedicate a public right of way through the sheriff’s office compound or fairground to provide road connectivity between North Boyer and Samuelson avenues.

The city’s ruling basically leaves the county with three potential locations for the future road — south of the sheriff’s complex, through the fairgrounds or on the fairgrounds’ northern border.

However, the passionate legion of fairgrounds supporters can take solace in the distinct likelihood that the route won’t slice through the facility or impact other fairgrounds amenities.

Commissioners haven’t made a decision yet on where the right of way will be designated, but the board’s compass appears to indicate a direction.

“We got the drift that south is the direction to go,” said commission Chairman Cornel Rasor, referring to the property line south of the sheriff’s office and jail.

Rasor said the road’s location will be discussed by the board during its business meeting on Tuesday.

The need for the road, which would be built by the city, is not expected for years, although the county agreed to dedicate right of way for the route in order to obtain an occupancy permit for its new juvenile detention center.

The location of the right of way was left for the county to decide.

But the county appealed to the city to waive the right-of-way requirement because all three potential locations would create hardships.

Putting it through the fairgrounds would eliminate an overflow parking area essential for large events, such as the annual draft horse show and ski swap. Putting it adjacent to the sheriff’s office could set up security issues related to having a public roadway close to the jail and juvenile lockup.

Sheriff Daryl Wheeler said a public road could make it easier for people to fling contraband onto the jail’s grounds. A wall or additional security fencing would have to be erected as a countermeasure.

“We certainly can do it, but it’s going to be a burden,” said Wheeler.

Eight people testified in support of the waiver during the hearing, with some taking a fallback position that if the requirement was upheld, the right of way should not be designated on the fairgrounds.

Monica Gunter urged for resolution to the matter because it is having a chilling effect on project planning at the fairgrounds.

“The fairgrounds needs a decision. We can’t wait, we’re up in arms and everybody’s scared,” said Gunter.

County officials discussed the possibility of working with an adjoining property owner south of the sheriff’s office to have half of the 60-foot right of way on county land and half on private property, which would provide a greater buffer between the road and the secure facilities.

Council members acknowledged the cultural and economic importance of the fairgrounds, but determined the county’s request did not fit within the sideboards in state and city code for a variance from the 20-year street design standard.

“The request in no way meets the criteria of a variance,” said Councilwoman Carrie Logan, who moved to deny the county’s request.

Councilwoman Jamie Brunner seconded and the motion passed on a 6-0 vote.