Missoula County opposes HB 529: Revise planning, zoning and subdivision regulation laws, up for hearing this afternoon in the House Local Government Committee. HB 529 has two key provisions: it provides an additional petition process that obligates county commissioners to create planning boards, and it creates additional allowances for granting variances in zoning and subdivision regulations. Missoula County opposes both provisions.
The planning board provisions, which do not allow county commissions any discretion in the creation of planning boards upon receipt of a successful petition, could mean a county would end up with multiple and possibly overlapping planning boards. The results could be extremely difficult and resource-intensive for counties to administer, potentially requiring development applications to go through multiple planning boards creating a double-jeopardy scenario.
The changes to variance procedures are very problematic. The current variance process protects property rights of individuals by granting relief to an adopted standard through a straightforward and simple process. The new approach provided in HB 529 is complex and burdensome. It creates a situation where the “variance becomes the norm,” which might elevate the property rights of some landowners, diminishing the rights of others. The results are likely to disrupt the established and permitted land use and development patterns of neighborhoods and communities through case-by-case decisions, instead of undergoing a deliberate, fair and open process. In addition, the public will find it much harder to get a variance, as the complex language of the bill will increase costs and timeframes, and it will invite greater public scrutiny and opposition to even the simplest of variance requests.
Representatives Thane and Whitman,
ReplyDeleteMissoula County opposes HB 529: Revise planning, zoning and subdivision regulation laws, up for hearing this afternoon in the House Local Government Committee. HB 529 has two key provisions: it provides an additional petition process that obligates county commissioners to create planning boards, and it creates additional allowances for granting variances in zoning and subdivision regulations. Missoula County opposes both provisions.
The planning board provisions, which do not allow county commissions any discretion in the creation of planning boards upon receipt of a successful petition, could mean a county would end up with multiple and possibly overlapping planning boards. The results could be extremely difficult and resource-intensive for counties to administer, potentially requiring development applications to go through multiple planning boards creating a double-jeopardy scenario.
The changes to variance procedures are very problematic. The current variance process protects property rights of individuals by granting relief to an adopted standard through a straightforward and simple process. The new approach provided in HB 529 is complex and burdensome. It creates a situation where the “variance becomes the norm,” which might elevate the property rights of some landowners, diminishing the rights of others. The results are likely to disrupt the established and permitted land use and development patterns of neighborhoods and communities through case-by-case decisions, instead of undergoing a deliberate, fair and open process. In addition, the public will find it much harder to get a variance, as the complex language of the bill will increase costs and timeframes, and it will invite greater public scrutiny and opposition to even the simplest of variance requests.
Please oppose HB 529.