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Commissioners authorize Scarla building permits after review of prior county correspondence
Summary
Prosecuting Attorney True Pearce told commissioners that prior written county correspondence suggested the Scarla subdivision was permissible and that statute-of-limitations concerns made denial legally difficult; the Board authorized issuing building permits.
Prosecuting Attorney True Pearce and Planning & Zoning Administrator Bridget Felmley briefed the Board on the Scarla subdivision matter. Felmley said the parcel had been subdivided into roughly nine lots without proper county approval; however, records indicated prior county communications to buyers that implied the subdivisions were permissible. Pearce told the Board that, in light of documentary evidence and likely statute-of-limitations constraints, denying building permits would be legally problematic.
"given the documentary evidence of county correspondence authorizing the activity—and the fact that the statute of limitations on any potential violations has likely expired—the county is in a difficult legal position to take any adverse action," Pearce advised. The Board voted to authorize issuance of building permits for the affected lots. Two lots remain without permits and one already has a home built under an earlier permit; staff said safeguards will be implemented to ensure Planning & Zoning sees recording activity in future applications.
