Whitefish goes softly into planning area

Zoning permits will be voluntary

The Whitefish City Council on Monday opted for a voluntary permit system to enforce zoning in the city's two-mile planning area.

The unanimous vote came after much discussion about how much oversight the city should have in its planning area and what kind of zoning-code enforcement should be imposed. Ultimately, the council decided to take a step back and try a voluntary approach.

"We need to regulate with as light a hand as possible out there," council member Nancy Woodruff said.

Council member Shirley Jacobson agreed, saying "hopefully, they'll realize we're offering something and not trying to take something away."

The council initially looked at mandatory zoning-compliance permits and approved site plans prior to excavating in unincorporated areas. After a public hearing last month, a vote was postponed to give county officials and residents of the planning area time to come up with a "user-friendly" compromise.

What emerged was a choice between a mandatory system that exempts agriculture and forest activities, and a voluntary system.

County Commissioner Gary Hall, who supported the planning area, testified last month that a mandatory approach isn't the kind of regulation intended when the county and city agreed on the planning area two years ago. On Monday, he cautioned the council to "be really careful with what's being brought before you," adding that nearly four-dozen residents had approached the county about rescinding the resolution that created the two-mile zone.

Hall reminded the council that residents of the planning area don't have city representation because they can't vote in city elections.

The county and city spent more than four years negotiating a planning-boundary agreement that would give Whitefish more oversight of its planning area but still preserve the rights of residents who can't vote for representation in city elections.

WHITEFISH PLANNING Director Bob Horne favored the mandatory proposal with ag and timber exemptions.

"If you rely on voluntary, we'll be chasing them after the fact," Horne said. "We have a responsibility to enforce zoning."

Horne last month noted several examples of zoning violations, maintaining that city involvement up front could have spared property owners the expense and frustration of having to alter homes.

One home built 10 feet too far into the setback area had to be ripped up and 10 feet shaved off the structure to come into compliance with city zoning.

At the suggestion of acting Mayor Cris Coughlin, an amendment was added to the voluntary proposal, imposing fees if a property owner doesn't get a zoning permit and falls in violation of city law.

Ron Buentemeier, vice president of Stoltze Lumber Co. and a resident of the planning area, supported the voluntary approach.

"I'm responsible for my actions, and if I screw up, I need to step up to the plate and take responsibility," Buentemeier said.

The council tabled a related ordinance calling for an approved site plan prior to excavating in the planning area. That proposal will be rewritten and presented at a later meeting.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com