Realtors vigilant regarding property rights

As Kootenai County continues to develop a Comprehensive Plan, the Coeur d'Alene Association of Realtors is taking an active role. Many of you will remember the last attempt to adopt a comp plan. Consultants were hired at tremendous expense to the county and Realtors hired a land use law firm to poke holes in the ill fated plan which was later scrapped.

This time it is different. Your local Realtors have hired Rand Wichman who was Kootenai County's Building and Planning Director for some 15 years. Now a private planning consultant he is monitoring the progress as drafts of the plan are completed and submitting commentary to the county for changes before the plan is presented at public meetings. It is our hope that by being proactive during the process that an equitable plan can be agreed upon by the citizens of this county.

So far, Wichman has discovered a number of inconsistencies and changes in language that are sure to rile some county residents. Many are thought to be editing issues that if taken at face value may change the intent of the plan. Says Wichman, "Overall, the county is moving in the right direction with this effort. There are many good, useful changes being made in this process that will make their code easier to understand and live with. There's more work to be done by the county, however, before it accomplishes their goals."

Many of the changes are innocuous but some are cause for concern. For example one section addresses parcels and lots and how they are created. It is substantially revised from the current requirements. "Subsection 8.4.1101 A.2. does not recognize parcels that were created outside of the subdivision process that have water access only. Numerous such lots were created in the 1970's and 1980's and have been previously recognized as eligible for permits. This code should recognize that practice, and not turn parcels that have been considered eligible for permits in the past into unbuildable parcels."

Another observation made by Mr. Wichman; "In Subsection 0 of 8.2.109 (Uses Requiring a Conditional Use Permit), "Churches, grange halls, lodges, and other nonprofit public or private community facility" has been replaced with a new use titled "Places of Worship or Assembly." The definitions of "Place of Worship" and "Place of Assembly" are narrower than that of a "Nonprofit community facility," the definition of which is still in the draft code, although it has been eliminated as a potential conditional use in any of the zones. It is unclear if this change is deliberate or unintentional. Nonprofit public or private community facilities should not be eliminated in this and other zones where they are currently allowed through the conditional use permit process.

One requirement changes how private roads may be contructed; "Most existing private roads do not meet the Highway District standard and under the current code are only required to meet the Fire Code standards - essentially the same standards as a common driveway. When combined with the requirement of Subsection 8.4.1101 D., a lot owner on a private road would not be eligible to receive a building permit unless and until the private road was improved to Highway District standards. In many cases, such improvements would cost millions of dollars, and could be impossible due to easement or right of way limitations. These sections need to be modified to leave the current standards and practices in place for private roads."

This comp plan review is an important exercise paid for by the members of the Coeur d'Alene Association of Realtors. To read more of Rand Wichman's observations and recommendations please visit our website: www.cdarealtors.com to view the entire 13-page document. There is a link on the home page.

Trust an expert...call a Realtor. Call your Realtor or visit www.cdarealtors.com to search properties on the Multiple Listing Service or to find a Realtor member who will represent your best interests.

Kim Cooper is a real estate broker and the spokesman for the Coeur d'Alene Association of Realtors. Kim and the association invite your feedback and input for this column. You may contact them by writing to the Coeur d'Alene Association of Realtors, 409 W. Neider, Coeur d'Alene, ID 83815 or by calling (208) 667-0664.

As Kootenai County continues to develop a Comprehensive Plan, the Coeur d'Alene Association of Realtors is taking an active role. Many of you will remember the last attempt to adopt a comp plan. Consultants were hired at tremendous expense to the county and Realtors hired a land use law firm to poke holes in the ill fated plan which was later scrapped.

This time it is different. Your local Realtors have hired Rand Wichman who was Kootenai County's building and planning director for some 15 years. Now a private planning consultant he is monitoring the progress as drafts of the plan are completed and submitting commentary to the county for changes before the plan is presented at public meetings. It is our hope that by being proactive during the process that an equitable plan can be agreed upon by the citizens of this county.

So far, Wichman has discovered a number of inconsistencies and changes in language that are sure to rile some county residents. Many are thought to be editing issues that if taken at face value may change the intent of the plan. Says Wichman, "Overall, the county is moving in the right direction with this effort. There are many good, useful changes being made in this process that will make their code easier to understand and live with. There's more work to be done by the county, however, before it accomplishes their goals."

Many of the changes are innocuous but some are cause for concern. For example one section addresses parcels and lots and how they are created. It is substantially revised from the current requirements.

"Subsection 8.4.1101 A.2. does not recognize parcels that were created outside of the subdivision process that have water access only. Numerous such lots were created in the 1970's and 1980's and have been previously recognized as eligible for permits. This code should recognize that practice, and not turn parcels that have been considered eligible for permits in the past into unbuildable parcels."

Another observation made by Mr. Wichman; "In Subsection 0 of 8.2.109 (Uses Requiring a Conditional Use Permit), "Churches, grange halls, lodges, and other nonprofit public or private community facility" has been replaced with a new use titled "Places of Worship or Assembly." The definitions of "Place of Worship" and "Place of Assembly" are narrower than that of a "Nonprofit community facility," the definition of which is still in the draft code, although it has been eliminated as a potential conditional use in any of the zones. It is unclear if this change is deliberate or unintentional. Nonprofit public or private community facilities should not be eliminated in this and other zones where they are currently allowed through the conditional use permit process.

One requirement changes how private roads may be contructed; "Most existing private roads do not meet the Highway District standard and under the current code are only required to meet the Fire Code standards - essentially the same standards as a common driveway. When combined with the requirement of Subsection 8.4.1101 D., a lot owner on a private road would not be eligible to receive a building permit unless and until the private road was improved to Highway District standards. In many cases, such improvements would cost millions of dollars, and could be impossible due to easement or right of way limitations. These sections need to be modified to leave the current standards and practices in place for private roads."

This comp plan review is an important exercise paid for by the members of the Coeur d'Alene Association of Realtors. To read more of Rand Wichman's observations and recommendations please visit our website: www.cdarealtors.com to view the entire 13-page document. There is a link on the home page.

Trust an expert...call a Realtor. Call your Realtor or visit www.cdarealtors.com to search properties on the Multiple Listing Service or to find a Realtor member who will represent your best interests.

Kim Cooper is a real estate broker and the spokesman for the Coeur d'Alene Association of Realtors. Kim and the association invite your feedback and input for this column. You may contact them by writing to the Coeur d'Alene Association of Realtors, 409 W. Neider, Coeur d'Alene, ID 83815 or by calling (208) 667-0664.