The hearing went against us this morning – 14.2 was repealed.
I’m overwhelmed by the incredible showing we had in written testimony, and at the hearing. There were dozens of thoughtful letters on the record, and a dozen or so spoke. This time, the Commission did at least devote more attention to the arguments raised by Bridger Canyon residents, and I think the message, that zoning is important to people, came across loud and clear.
I think the Commission’s decision rests almost entirely on a perceived principle, that each legal parcel should have one building right. This principle doesn’t have much basis in law; it’s simply what the Commission was comfortable with. (Recently, Murr vs. Wisconsin tested this in the Supreme Court, and zoning mergers were upheld. Even the dissent in that case agreed that it was necessary to strike a balance between private property and the common good.)
BCPOA will consider what next steps, if any, are in order at its meeting tonight. The law does not favor appeals of legislative acts like this (which may be fortunate in general, but unfortunate in this case).
No matter what, we need to keep our eyes on the prize – getting the comprehensive update finished to resolve some of the more dangerous ambiguities in the current zoning.