Commissioners approve ordinance easing setbacks for older restricted-residential lots

Kootenai County planning and zoning commissioners voted June 25 to approve ordinance ORA26-0003, which amends setback requirements for the county’s restricted residential zone to accommodate older, small or steep parcels that routinely require variances.

The ordinance establishes two reduced-setback categories. Staff described one category for parcels created before Jan. 3, 1973, generally smaller than the existing 8,250-square-foot minimum, which staff said would be held to example standards such as a 10-foot front-yard setback, 5-foot side-yard setback (5 feet where an alley exists), a 5-foot rear-yard setback and a 5-foot flanking-street setback. A second category for larger parcels would carry slightly larger reduced setbacks (staff cited, by way of example, 10-foot front, 8-foot side, 10-foot rear, and 10-foot flanking-street setbacks). Staff contrasted those reductions with current ordinance figures — for example, current front-yard setbacks of 25 feet and rear-yard setbacks of 25 feet — to show the degree of change.

Planning manager Ben Tarbutton told the commission the changes grew out of recurring variance requests in shoreline and Bayview areas, where steep slopes and small lots make compliance with the historic 1973 standards difficult. He said the amendments also include a housekeeping change to treat stairways, walkways and landings similarly to prior relief given for eaves and trims so property owners can coordinate access while limiting hillside disturbance.

A commissioner asked whether reduced setbacks would undermine the safety purpose of setbacks, particularly for fire separation. Tarbutton replied that the county routes building permits and variance applications to local fire districts and that building-code requirements remain in force; he said staff has not received objections from fire districts about these changes. Tarbutton also said septic and sewer requirements — managed by Panhandle Health District or the appropriate sewer district — still apply regardless of setback changes.

A public commenter identified as Cameron urged even less restriction and proposed raising the parcel threshold to about a quarter-acre (roughly 12,500 square feet) to reduce the need for variances on steep, small lots; the commenter otherwise supported the staff approach. Staff said they reviewed recent variance volumes and found about four variance applications so far this year and 19 last year (approximately 75% in the restricted residential zone), and said typical annual variance counts are on the order of 10–15.

After a short deliberation, a commissioner moved to approve ORA26-0003; the motion was seconded and carried by voice vote. The transcript records named "Aye" votes from Commissioners Boles, Summer, Foster, James and Chair Bateson; the chair declared the motion passed and closed the public-hearing portion of the meeting at 1:52 p.m.

The ordinance as discussed will reduce the frequency of individual variance applications for many existing small or steep shoreline lots while maintaining building-code and septic-separation responsibilities; the commission did not record any amendments to the staff proposal during the meeting. The commission will follow its standard posting and implementation procedures for ordinance adoptions.

The planning and zoning workshop that followed continued discussion of the comprehensive plan update (vision, goals and policies) and is reported separately.