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County supervisors expand owner-builder opt-out


Published: Tuesday, March 9, 2010 6:31 PM CST
Shar Porier /Wick Communications

Property owners who have a minimum of four acres in any growth category can now take advantage of the county's owner-builder opt-out program.

The county Board of Supervisors voted two-to-one Tuesday, March 2 in favor of the expansion of the policy into other zoning designations and growth categories.

Supervisor Pat Call was the vote in opposition and that was due to the possible overlapping of urban and rural growth categories as exists in his district of the county, which encompasses Sierra Vista and the surrounding area out to Hereford. Sierra Vista and most municipalities are in Category A, which can permit more homes per acre. Even though an owner can have four acres in category A, the surrounding density and safety issues concerned him.


Supervisors Ann English and Richard Searle were willing to exclude the option for anyone owning land in Growth Category A (urban) to address Call's concerns.

But Call suggested they take a look at the growth areas and designations, and determine a policy from there.

The owner-builder opt out program allows the landowner to build a home without county oversight on various inspections, explained Susan Buchan, former director of the county planning and zoning department.

Though home inspections by the county are reduced, owner-builders are still required to follow all safety building codes and must have permits for septic systems and grading.

As such, homes were only permitted in Category D rural areas on land of four acres or more, Searle wanted to open the owner-builder option to other districts and zonings.

Recent talks went from the supervisors to the planning and zoning commissioners as the planning department sought an increase in setbacks of owner-builder homes due to safety concerns. Staff went from a recommendation of 200-foot setbacks to 75-foot for homes and 40-foot for outbuildings.

When it was recently brought before the planning and zoning commissioners, they unanimously agreed that 75-foot setbacks were unreasonable. They voted to leave the setbacks at 20 feet and open the option to other areas of the county as long as the property owner had four acres.

Property owners with a number of small lots that were once in a planned subdivisions, such as TR-18 (one home per 18,000 square feet of lot) that never came about can down-zone their properties and take advantage of savings on inspection fees.

Helen Jackson said during the public hearing, planning staff failed to provide any proof that owner-built homes are more dangerous or hazardous to their neighbors. She saw no logic behind requiring owner-built homes to have setbacks any different from contractor-built homes or mobile homes.

It should be noted that in the executive summary, there is the statement: "Any of the options approved may result in a reduction of the number of building permit plans reviews and inspections and as a result may decrease fees collected ..."

For some residents who spoke up in past meetings about the owner-builder option, that was the main concern of the department - to make up for lost revenue in a declining real estate market.

(Shar Porier is a reporter at the Sierra Vista Herald/Bisbee Daily Review.)



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