County adopts land code changes

SANDPOINT — Bonner County commissioners unanimously adopted a series of contested land use code amendments on Wednesday.

The changes increase the size of setback variances which can be granted without public hearing and grants amnesty to subdivisions of land which don’t comply with county code. The latter item moves the date for which a parcel may legally exist to Nov. 18, 2008, the date of the last overhaul of Bonner County’s land use code.

The amendments are part of a broader ongoing effort by county commissioners to lighten the regulatory burden on landowners. The changes have been welcomed by some, but opposed by others who contend the county is undermining years of established land use code, rewarding those who didn’t follow those codes and inviting high-density development.

The changes were subject to prior public hearings before the Bonner County Planning & Zoning Commission and county commission, so commissioners took no further public comment on Wednesday.

After thoroughly hearing out both sides of issue, Commissioner Jeff Connolly said he ultimately was unconvinced that the changes will produce the problems envisioned by critics of the code change.

“I don’t think that’s the case at all. I think that’s been blown out of proportion,” said Connolly.

Commission Chairman Glen Bailey was similarly unconvinced that the changes would wreak havoc and said the changes resolve inconsistencies with other codes.

“I have studied the proposed changes. I have heard the what-ifs,” he said.

Planning Commissioner Milton Ollerton said the administrative exceptions for setback and lot size standards are atypical requests. Less than 10 percent of setback variance request would fall under the administrative exception category because most variances are requests that exceed 50 percent. Nevertheless, the code change is expected to work in landowners’ favor.

“Our hope is that folks would see an easier process,” Ollterton said.

Landowner Mike Gunter asked commissioners to insert language in the code which makes it clear the changes aren’t meant to provide an opportunity for high-density development, although the board’s civil counsel, Deputy Prosecutor Bill Wilson said the board would have to backtrack in its public review process to further amend the code changes. However, the board could elect to change the code at a later date if it saw fit.

“There’s no reason it can’t be changed,” said Wilson.

Commissioner Dan McDonald added that the code changes are not binding upon future boards of county commissioners.

“A future board can come along and erase everything,” McDonald said.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.