SANDPOINT — Due to potential procedural errors, a proposed 12-unit subdivision in Coolin has been remanded to the Zoning Commission after the applicant made major adjustments to the file, triggering a full review.  

The hearing was a continuation from a March setting, where the hearing, applicable to the proposed subdivision Yoman Bluffs, included a planned unit development file and a proposed subdivision file. The PUD was ultimately denied due to compliance concerns like street setback requirements, where the subdivision file was continued and heard June 18.  

Commissioners Brian Domke and Ron Korn moved to remand the subdivision file back to the Zoning Commission after concerns were raised about changes made to the file, where the applicants adjusted their plans to only include 12 lots instead of the original 23 proposed lots. Additionally, there was no longer a PUD attached to the subdivision file.  

Attorney Preston Carter indicated that the changes were major and should require a new review process, whereas only minor changes don’t require a full review process.  

“This is a new application. It's not paired with a PUD; it's substantively different than the old application, so that old notice is not adequate,” Carter said. “Second, the county code, as well as state law, the Idaho Code 50-1308, requires a hearing and a recommendation from the Planning and Zoning Commission on all subdivision applications. The Planning and Zoning application, that's the recommendation that's being acted upon here, is for the old application, which was with a PUD and is different than this application.” 

Bonner County legal representative Nate Adams suggested that the application changes could be argued as either major or minor, depending on the perspective viewed. However, he did note that if the file was appealed to the district court, a judge could believe there was a procedural error because the file had been significantly changed.  

“Can we argue that these are minor changes because we're going from a higher density to a lower density? I think yes, I think we have good grounds to argue that. A judge, however, may look at that and say this: these are major changes. One was based on PUD; the other one is not based on the PUD. One has the map looks this way, the other map looks decidedly different than the other map,” Adams said. 

Commissioners ultimately agreed that it would be in all parties' best interest if the file was remanded back to the Zoning Commission to make sure everything followed state code.  

At the time of publishing, the next hearing has not been set for the file.  

The proposed Yoman Bluffs subdivision was originally filed to include 23 lots on approximately 38 acres but, but due to concerns of commissioners and the public, applicants lessened the proposal to 12 lots, ranging in size from 2.5 acres to 3.9 acres. 

    Proposed 23-lot Yoman Bluffs subdivision in Coolin