City wants to enforce existing zoning, opponents call it 'regulation creep'

The images city planner Bob Horne projected on the wall told the story:

* A partially-constructed home at Blanchard Lake sited too close to the property line. Ten feet of framing had to be torn down to make the house comply with zoning regulations.

* Excavation for a new foundation too close to Cow Creek, in violation of the city's urgency ordinance for critical areas.

In both cases, action had to be taken after-the-fact because, while the city of Whitefish has authority over planning and zoning on county land within two miles of the city limits, it can't issue building permits or conduct building inspections beyond the city limits.

In an effort to prevent more building mishaps in the city's extraterritorial jurisdiction, city planner Bob Horne brought two measures to the city council March 19 that would require a zoning compliance permit and a site plan before construction could begin.

The city's authority over county land has long been a contentious topic. Dwayne Becker, a farmer and rancher who's lived on Monegan Road for 37 years, was one of four people who spoke in opposition to the proposals.

Becker said he was concerned about increasing regulation without representation and whether he would be able to continue farming and ranching. He noted the promises that had been made during the debate leading up to the interlocal agreement between the city and county.

"It started with the city having a say in how we subdivided our land, but it's growing past that now," he said.

Ron Buentemeier, vice president of Stoltze Land and Lumber Co., said he agreed with Becker and called Horne's proposals an example of "regulation creep."

"We pass a rule we think is good, and then we keep adding on," he said.

Buentemeier said some type of notification process was needed, but the level of detail requested by Horne was unfair.

Flathead County commissioner Gary Hall told the council he didn't support the two proposals, but he agreed that the city should be able to protect its "gateway to Glacier Park" feel. Hall suggested continuing talks between the county and the city about zoning compliance issues.

Noting that Becker had made some good points, Horne suggested exempting agricultural land from the zoning compliance permit, except for setbacks. As for charging fees, Horne said he'd "rather do it for free than have to deal with the problems afterwards."

City councilor Nancy Woodruff said she, too, was concerned about "regulation creep," but she noted that the city has a responsibility to enforce zoning regulations.

The city is not becoming more restrictive by proposing zoning compliance permits and site plans, city manager Gary Marks said.

"We promised not to change the zoning, but we also promised to enforce the zoning," he said. "It's only more restrictive in the sense that we will enforce the existing zoning."

The councilors voted 4-2 to table the two proposals and directed city staff to open up a dialogue with the county on how to enforce zoning in the extraterritorial jurisdiction.

In an e-mail exchange with Horne the next day, Hall said he agreed that something must be done to prevent the types of building errors Horne displayed at the council meeting.

"Bob, please do not abandon this, it is important to county residents, as paramount as the issues you had on the screen Monday night, we know it is not a common occurrence, arguably," Hall wrote. "The county is very much interested in working out a solution to what has been proposed."

Horne suggested a notification process rather than a permit process, and Hall agreed.

"Once again, my only interest here is to have a mechanism to advise people about the zoning and urgency measure standards before they excavate or build as opposed to playing 'zoning cop' with a stop-work order after the fact," Horne wrote. "I think you will agree that it is in the public interest to catch these situations before the property owner has committed resources to a project."