Proposal addresses setbacks

The crafting of a new zoning ordinance will give peace of mind to homeowners in the Creekview Estates subdivision and avoid possible litigation from either the developer or subsequent homesite buyers.

On Tuesday evening, during a special hearing that preceded the Libby City Council meeting, Lincoln County Planning Director Kristin Smith presented a third alternative —  Residential C — to existing districts, Residential A and B, that will eliminate the dilemma.

At issue, is the distance of the setback of the homes from the front property lines, which Residential Districts A and B mandate as 25 feet. Currently, 16 existing homes on Michelle and Melanie avenues are about 15 feet from the street. 

Four homeowners attended the hearing Tuesday, fearful of what the change would mean for their homes and their re-sale values if the homes are not compliant in city code. On the Creekview Estates homes, the frontage is wider but the home lots are not as deep as other, mostly older homes in Libby that are deeper, with garages in the back, but offer narrower frontages.

Potential concerns mandating subsequent homesites in Creekview to adhere to the 25-foot setback would greatly diminish those homesite back yards. 

The solution was another district — the Residential C — that better suits more modern home plots drafted by Smith and heard by City Council members on Tuesday during the First Reading. The City Council is likely to approve the new residential district at its Sept. 17 meeting when the Second Reading is heard.

Also, Council members watched a PowerPoint presentation by Smith that offered the solution seemingly favorable to all parties. 

So, how did the homes get built with the non-conforming setback?

City Inspector Ron Higgins on Wednesday explained the wording of the setback is somewhat confusing, he said, not clearly indicating whether the setback is measured from street or property lines. Subsequently, Higgins said Wednesday, he erred when making the initial measurement for the first homes.

“If there’s blame, it’s on me,” Higgins said.

Higgins said he measured the original homesite in the subdivision with what he thought was the proper setback from a point that later was determined to be in error. In the interim, subsequent homes were then built in a consistent distance from the street as those that preceded them. In essence, the single error was repeated, he said.

“This is a good solution,” Smith, the county planner, said. “Of course, there are options where we could say the homes have to be moved, but that’s not feasible. … Without sidewalks, the homes don’t look too close to the street.”

Mayor Doug Roll echoed Smith’s sentiment on Wednesday when reached at his automotive shop.

“This is something everyone can live with,” Roll said. “It happens.”