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Commissioners approve variance to allow home on narrow Bayview lot

3232385 · May 8, 2025
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Summary

Kootenai County approved VAR24‑0012, granting variances to front and rear yard setbacks so a residence can be built on a 46‑foot‑wide parcel where standard commercial setbacks would otherwise preclude development.

Kootenai County commissioners on May 8 approved a variance allowing a residence on a narrow, irregular parcel at the intersection of Cape Horn Road and Horseshoe Lane in Bayview. The parcel is about 46 feet wide; the commercial zone setbacks would require 35 feet front and 20 feet rear — a combined 55 feet — which would make building a residence infeasible without relief.

Planner Vlad Finkel explained the parcel is bisected by a right of way, has an unusual shape and a portion of the county road right of way does not align with the paved road. Because of those physical constraints, staff found that strict application of the commercial setbacks created an undue hardship not created by the current applicant. "If you were to account for the front and the rear yard setbacks of 35 feet and 20 feet, that would make it 55 feet. And the property is only 46 feet wide," Finkel said.

Agencies raised no substantive objections. The highway district did not oppose the proposed access point but said it would not grant direct access from Cape Horn Road for safety and site‑distance reasons. Public comment comprised eight letters of support, one in opposition and one neutral comment, Finkel said. The department recommended approval and concluded required variance findings were met; the same recommendation came from the hearing examiner.

A motion to approve VAR24‑0012 passed on a recorded voice vote with both commissioners present voting aye (Commissioner Duncan — aye; Chair Metairie — aye).