Huckleberries Online

A Request For A Non-Existent Permit

Posted by DFO

Dec. 16, 2009 3:23 p.m. • 11 comments

Sometimes, though, a seemingly small proposal with a tiny environmental impact can set a horrendous precedent, and we recently came across one of those projects, which comes up for a hearing later this week. A developer on Hayden Lake is proposing a “variance” to the County’s site disturbance ordinance to construct a walkway and landing in the 25-foot shoreline buffer zone. But when we looked at the County ordinance (pdf here), there’s no such thing as a site disturbance variance. Now, the County does have a variance procedure (Sections 9-23-2 and 9-23-3 here) for the zoning and building codes, as required by state law. And maybe the County is supposed to have a variance procedure for the site disturbance ordinance, but it just forgot to write one into the law/Terry Harris, KEA Blog. More here.

DFO: Here’s an example why I’m delighted that Terry Harris started a blog at KEA. I’m delighted that a respected watchdog like KEA has a venue to air its concerns despite the holes in media coverage of local government. The courthouse is relatively free of media scrutiny. But this show that commissioners have to continue to pay attention to planning decisions.

11 comments on this post so far. Add yours!

hhuseland on December 16 at 4:48 p.m.
While there doesn’t seem to be a “Variance” provision there is, an exceptions section which may cover the situation. Throughout the ordinance, the term,”best management practices” appear. This would suggest that there is some room for interpretation. also freely mentioned is the use of soil engineers, as the experts needed for marginal approvals. It would appear to this amateur that the minor issue of choice of terms is the only problem, but then I haven’t seen the projected plan, so I’m shooting in the dark.
KeithErickson on December 16 at 4:57 p.m.
Indeed Dave, it’s sad. Media coverage of local government is nowhere near what it used to be. It’s sad. The skeptic in me wonders how differently (badly) public officials are behaving in the absence of the scrutiny. I’m sure there are some (DOTC comes to mind) that really miss the media attention and ability to “interact” with the public. I’m sure many others do not miss it in the slightest (read county commissioners). This is not to fault the CdA Press or S-R. The Press newsroom is operating at a skeleton of what it was 10 years ago during my reporter days. And the S-R? Well, we all know what’s become of your newsroom. The biggest losers in all this are not the reporters who find themselves jobless (though my heart goes out to them). Instead, the losers are the citizens, who have effectively lost their watchdog.
hhuseland on December 16 at 5:27 p.m.
I read the ordinance, and while there isn’t a variance code, there is an exception code. Throughout the ordinance,
JohnA on December 16 at 5:42 p.m.
Keith, I know many local officials who sleep easier at night without you and DFO hounding their every step. :)
TerryHarris on December 16 at 5:50 p.m.
Thanks @DFO for the very nice words and giving this broader exposure when there wouldn’t necessarily be any otherwise.

@Herb, without getting too far into the specific details, this particular proposal doesn’t qualify for any of the exceptions. (Otherwise they wouldn’t need a variance.) Truth is, what caught our eye in the proposal’s narrative was that somebody in the County acknowledged that there wasn’t a variance provision, but suggested that the applicant could apply for one anyway.
LarrySpencer on December 16 at 5:54 p.m.
This reminds me of when I appealed a site disturbance position of the county planning department. The county ordinance required that the appeal be heard by the county site disturbance appeals board, made up of five members with specific and varied backgrounds. Problem is they had never set the board up, so instead of appealing to experts and engineers, I appealed to three morons on the third floor.

The Supreme Court agreed with me that I should have been put in front of the site appeals board. The county then changed their ordinance to make what they did legal for the next time.

/sigh.
Phaedrus on December 16 at 6:08 p.m.
I appealed to three morons on the third floor.—LarrySpencer

And LarrySpencer wonders why people who know of him do not treat him with deference and respect.
Phaedrus on December 16 at 6:09 p.m.
The Supreme Court agreed with me that I should have been put in front of the site appeals board.

Was that the same Supreme Court that said “Larry Spencer misstates the facts?”
LarrySpencer on December 16 at 9:39 p.m.
Actually they said “Spencer” but I hadn’t stated anything to them, my lawyer did.

Yes, it was the same case.

BTW, the county’s lawyer (John Cafferty) told the court that he didn’t know why the BOCC did not have the hearing in front of the site appeals board, and stated that perhaps they were not avalible, he wasn’t sure.

That is what I call “mis-stating the facts” given that they had never set a board up and he knew it.
LarrySpencer on December 16 at 9:44 p.m.
And you were right, I should have said “one moron, one bully and one smart lady who didn’t seem to understand how crooked a planning department employee was. She has since told me that I got screwed. I told her I am aware of that fact.

;-)
Phaedrus on December 16 at 10:25 p.m.
Actually they said “Spencer” but I hadn’t stated anything to them, my lawyer did.

parsing the truth. typical.

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D.F. Oliveria is a columnist and blogger for The Spokesman-Review. Huckleberries Online was judged the best 2008 Idaho newspaper blog by the Idaho Press Club. And the best 2007 news blog in the Pacific Northwest by the Society for Professional Journalist. Print Huckleberries is a past winner of the Herb Caen Memorial Column contest by the National Association of Newspaper Columnists. The Readership Institute of Northwestern University cited this blog as a good example of online community journalism.