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Development code not consistently applied

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Editor,

Over the past few years the Polson Development Code has not consistently been applied to all developers. This matter has been brought to the attention of the city manager, attorney and council but they all have responded with indifferent silence. 

The concern started when the city attorney decided that a Special Use Permit would not be required for the “mansion” on the top of the Polson hill, in the transition zone, even though the city’s own planning office, in writing, brought the  stated requirement in the PDC to the council. 

Now in addition to that project, the marina at Lakeview Village, the apartments over the new garage across from Super 1 and the new structure south of the city golf course clubhouse are all in the highway commercial zone and under the PDC should have applied for an SUP and been reviewed by the City County Planning Board. 

Two recently completed Urban Renewal Projects within the Urban Renewal Area have not been submitted to the CCPB for review as required in MCA 7-15-4213 and 4217.

The citizen’s expectation that the city government adheres to the rule of law (PDC) as well as the integrity of the CCPB has been diminished. 

What does the CCPB tell those without a special relationship with the attorney or manager that they, unlike others, must undergo a rigorous review and imposition of conditions of approval when the examples above are visible for all to see? 

The city attorney has stated that the CCPB does not set its own agenda. That is understood, but the requirements in the PDC should define what the board reviews and it does not appear to do so equally for all. The cliché that it is a good thing to have friends in city hall is obvious but in Polson it is apparent that it is a very good thing indeed.

The council has the power and responsibility to ensure that its own employees follow the rules that they establish but the council members appear to be unwilling to do that part of the job they were elected to do. 

Bob Fulton

Polson

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