DEER LODGE - The Powell County Board of Adjustment unanimously approved a zoning variance request for a 61-lot subdivision named Swan Mountain Estates near the Seeley Lake Airport at the March 20 public hearing. The variance was the beginning of the official process with the county and the first of many steps for developers to complete before the subdivision can be finalized.
Developers Martin Cahoon and Gary Chilcott gave a short presentation on their plans for the subdivision before the board deliberated the variance. The land is currently part of Powell County Zoning District Three with a minimum lot size of 160 acres. The subdivision would create 61 parcels on approximately 178 acres.
Powell County Planner Carl Hamming explained that the Board of Adjustments has a policy with five points to help guide their decision. Each of the points should be considered but none of them are necessarily requirements to be met by the applicants.
Are there special conditions and circumstances that exist for this land that don’t exist for other land in the same zoning district?
Most of land in Zoning District Three is very rural and consists of large parcels with a few small town centers like Ovando and Helmville. However, the parcel requesting the variance sits adjacent to highly developed land in Missoula County including the Double Arrow Ranch subdivision and smaller subdivisions near the Seeley Lake Airport.
The board felt that due to the parcel’s location it could be developed beyond the current 160-acre minimum. Some board members questioned if 61 lots would be appropriate but that would be a question for the Planning Board later in the process.
Does a literal interpretation of the zoning regulations deprive the applicants of rights enjoyed by other properties in the same zoning district?
There have been a few other variances granted in the zoning district but most have been for creating a lower density than this development requested. One area that did have higher density had significant amounts of land that was protected as open space as part of the variance request.
Do special conditions result from the actions of the applicant?
The main special condition has to do with the land’s location. The board didn’t feel that the applicant’s actions created any other special conditions.
Will granting the variance give the applicants special privileges that are denied to other landowners in the zoning district?
The board felt that requested density would not be allowed in the rest of the district so the landowners would be getting a special privilege. Again, the board felt that the special condition of being next to the higher density of the neighboring development in Missoula County set this property apart from most the rest of the zoning district.
By granting the variance for this lot, the board questioned if it would be setting precedent for the other three neighboring parcels. Hamming felt that granting a variance for this parcel would set precedent for the neighboring land but that it was limited because there is no more private land anywhere close to it in Powell County. Because it is so removed from other private land in the county it would most likely not set precedent for the rest of the county.
Will the variance conflict with the county growth policy?
The growth policy aims to preserve open space but also allows for higher density around rural town centers. Even though the town of Seeley Lake is not in Powell County, the board considered that this parcel is near a town and it would be a logical place to grow.
Other issues and concerns discussed:
• The board spent a significant amount of time discussing specific issues of how the developers will have to work with Powell County and Missoula County to sort out how taxes are paid and services are provided such as fire protection, law enforcement, road maintenance and schools. Though these issues took up a big part of the hearing, the Board of Adjustment’s main concern was that the Planning Board would deal with the issues in the subdivision review process.
Hamming assured them that the subdivision review by the Planning Board would look at all these issues and more. There will also be many public hearings to accept public comments. The Powell County Commissioners must sign off on the project after the Planning Board makes recommendations.
Powell County Attorney Lewis Smith added that there are legally binding ways to make sure that services provided by Missoula County would be able to collect revenue from this development.
• The Planning Board is looking at updating the county’s zoning regulations and some of the Board of Adjustment members felt that the right approach might have been to rezone the section rather than give a variance. Hamming said that was possible but it could take years to go through that process. Nobody thought it was reasonable to delay the subdivision to be rezoned.
The Board of Adjustment variance approval allows the development to move into subdivision review with the Planning Board. For more information regarding meeting dates, times, agendas and public notices visit http://www.powellcountymt.gov. Hamming can also be reached by calling 406-846-9795 or email chamming@powellcountymt.gov
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