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Homeowners seek setback variances

by DANIEL RADFORD
Staff Writer | November 16, 2022 1:00 AM

SANDPOINT — Four owners of narrow lots wedged between Garfield Bay Road and Lake Pend Oreille have applied for variances in lot coverage and setback requirements.

Bonner County requires that structures be set back 25 feet from roadways and 40 feet from the ordinary high water mark of the county’s bodies of water for safety and pollution reasons. However, county officials may allow variances of the requirements in certain circumstances.

The planning director, according to BCRC 12-238, is allowed to grant a variance of up to 30% of the setback distance and lot coverage maximums that are mandated by Bonner County Revised Code.

In the applications, homeowners are seeking a 12-foot decrease for the lake setback, and two of the applications are seeking a 7.5-foot decrease for the roadway setback, each for the full 30% permitted. Two applicants are also seeking a 10% increase in the total impervious area of the lot, and another is seeking a 5% increase.

Lot coverage, which includes structures as well as driveways and other surfaces that do not absorb liquid, is maxed out at 35%. With the close location to Lake Pend Oreille, environmental advocates are concerned that this could contribute to more pollution flowing into the lake.

Project 7B member Joni White raised concerns about the four applications to the rest of the group in a Sunday Facebook post to the group Keep Bonner County Rural.

White said these setback requirements exist to protect the lake and wildlife from contaminant runoff and to limit erosion from landscaping activities. She also raised a concern about lake views for those living behind the proposed three-story structures, since the structures will be closer to the shore than is typical.

However, in each of the applications, the landowners defended their development proposals by contending that since the developments will occur in a residential area and, ergo, is in line with the Comprehensive Plan’s stated aim to “preserve the rural character of Bonner County.”

According to BCRC 12-234, variances are permissible when conditions arise that are the result from lot size or shape as long as these conditions did not arise from the applicant’s previous actions, which each applicant has alleged.

Each application is being represented by Jackson Willeford of 7B Engineering. All of the applicants are with Olympia-based Yesterday’s Home Builders.

The files in question (VA0022-22, VA0023-22, VA0024-22, VA0025-22) can be reviewed on BonnerCountyID.gov.

Those seeking to comment on the files may do so by mailing a letter to the Bonner County Administration Building, 1500 U.S. 2, Sandpoint, by emailing Planning@BonnerCountyID.gov, or by faxing a letter to (208) 265-2463.

The deadline for comment is Dec. 5.

Since these are administrative variances, they are reviewed in-house by Planning Director Jacob Gabell and do not go to a hearing. The Planning Department anticipates a decision on these files by early January.

After Gabell issues his decision, there will be a 28-day appeal period, during which the decision may be appealed.