Tuesday 19 July 2011

Planning and Zoning approves junk car rules

Planning and Zoning approves junk car rules

Strong words and strong opinions dominated a discussion of new rules over the number of unlicensed vehicles a rural landowner is allowed, as the Natrona County Planning and Zoning Board approved some long-debated changes to a revised ordinance last week.


The issue has been contentious for more than a year, since the county stepped up its enforcement of the current law, which allows no unlicensed vehicles in the county unless they’re part of an agricultural operation. The commissioners’ regulatory action took most property owners by surprise, as there had been virtually no enforcement in the past 30 years. The resulting outcry led to a committee being formed to review the law and the development of the new regulations that passed the board last week. The Board of County Commissioners, however, must still approve the measure before the regulations can take effect.

The proposed new ordinance allows landowners to apply for a conditional use permit, with the number of vehicles permitted dependent on lot size and zoning district. A number of people spoke for and against the regulations at the meeting.

Keith Goodenough, a Casper City Council member and former state legislator, noted the long-standing lack of enforcement or compliance. Goodenough suggested giving latitude on bringing everyone into compliance.

“I realize you’re in a bad position because I believe what happened is the state statutes have been ignored for as many years as they’ve been in place, and now all of sudden there’s a push to bring people into compliance who have for 60 or 70 years been ignoring state law. So I don’t envy you your task,” Goodenough said.

He further questioned the $300 fee, saying, “ ... that seems like an excessive amount to me.”

His recommendations were taken up by the board, which voted to lower the fee to $100 and waive it for the first year after the law goes into effect.

Meanwhile, not everyone was as willing to compromise on the new regulations.

Former Natrona County Commissioner Barb Peryam excoriated the commissioners for their enforcement action (which began while she was still on the commission), and said the whole process should start over.

“It’s been repeatedly pointed out by several of you that this has been a process that has included a committee that has been from both sides of the isle, so to speak,” Peryam told the board. “I would like to categorically state that that, in my opinion, isn’t true, that isn’t what happened.”

Peryam said there was little give and take, and most of the recommendations made by the “car collectors” weren’t included in the final ordinance. She further called it a “power grab” by the commissioners and questioned whether it exceeded their constitutional authority.

“In this proposal we have several, several takings of power by our board of commissioners,” Peryam said. “I think you’re setting a hugely dangerous precedent when you start messing around with a specific group of people [car collectors] and you’ve made this very, very specific.”

Others also objected to the ordinance, with several saying it threatened their livelihoods and violated property rights.

“If you destroy those cars, or take ‘em off my property, that would be the same as stealing my land, or my property, or my house, or my shop ...” said Rick Thurston, who owns Rick’s Rod Shop in Casper.

Another resident, John Stevenson, said some would be unable to comply with the law due to old age or ill health.

“You’re creating laws to make people lawbreakers,” Stevenson commented.

Meanwhile, there were also those who supported the measure. Former Natrona County Sen. Dick Sadler, who was also on the review committee, thanked the board for its work.

“I think you’ve done a good job, with the time you have, serving on this committee,” Sadler said. “There are some things that were incorporated that I didn’t particularly care for as a taxpayer that lives in Dempsey acres, but I think ... what you’ve come up with is a pretty good project.”

Sadler has been a strong supporter for enforcement of the regulations, claiming a neighbor hasn’t been in compliance for years.

“I wish my problem in Dempsey acres was solved,” Sadler said. “I wrote to the commissioners a couple of years ago and asked for review about these violations in my area, and they said it’s hard to enforce it ... and so 18 months ago, 20 months ago, I filed a complaint, and things are still sittin’ there.”

Part of the concern is over lowering the land values of surrounding property owners.

“Trash is trash, and junk is junk, and that’s where I draw the line, because it affects my property values,” said Don Wolcott, who owns property on 8 Mile Road.

Another rural resident, Steve Shoemaker, also noted the need for a distinction between “junk” and valuable cars.

“There’s a huge difference between junk and collector cars, and if you don’t know that, you shouldn’t be in the business,” Shoemaker said.

He further commented the dispute over the issue hasn’t always been civil.

“I think that a peaceful resolution should be able to come to, peacefulness hasn’t always been brought to these meetings,” Shoemaker said

This was born out immediately after the meeting, when some of the participants exchanged loud accusations and heated words just outside the City Building, causing a call for the two sheriff’s deputies who were assigned to the session. The deputies arrived, however, shortly after the parties had left.

In their vote, the board unanimously approved the proposal, but not without some reservations.

Board member Harold Wright expressed concerns over wording that might conflict with the exemption of farming and ranching operations.

“I know most of the people in the county, that they’ve been told they’re exempt, and there won’t be any question they’re exempt,” Wright said. “And this [wording] goes against what they’ve been told, that’s the reason I bring this up.”

Wright was assured, however, that agricultural-related vehicles would remain exempt, and changing that status wasn’t the intent of the regulations.

Meanwhile, other board members said it was a beginning.

“I don’t see this as the basis of a process of taking,” said newly appointed board member George Tillman, while noting even his property was out of compliance. “If we as neighbors had taken care of our piles of pallets, pile of tires, the vehicles with no doors, no windows, and cats living in them, we wouldn’t be here doing this right now.”

“Whether this is right or wrong, it’s a start, and I believe it’s in the right direction, and that’s from my heart, and that’s the way I’ll vote,” said Gino Cerullo.

The Natrona County Commissioners have put the item on their agenda for Aug. 2

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