Property Management Archives - Page 3 of 5

Teton County Zoning, what you need to know

August 1, 2018 By Tayson Rockefeller Leave a Comment

Oftentimes I receive questions from prospective buyers, (sometimes sellers) as to what they can do with their property, or perhaps how they can advertise their property. When it comes to the city municipalities, they have their own set of zoning regulations and Zoning Maps such as the cities of Driggs and Victor. Each Zone has its own set of code requirements, and you can navigate this information relatively easy on each city’s respective website. The cities, however, take up a very small portion of the usable land in Teton County. The vast majority of private land is in the county itself.

At first glance, the county has only a few zones when compared with Driggs or Victor. In a nutshell, these are agriculture, commercial, manufacturing, public lands and the city areas of impact. Of this acreage, only a very small amount of the county contains commercial or manufacturing zoning, the vast majority is agriculture, with 2.5 to 20 acre density requirements. As long as there isn’t anything abnormal going on, you can subdivide acreage through the formal subdivision process in these areas as long as the finished product meets the density requirement in that zone. Each parcel can then have a house and a guest house, as well as a well and septic system, assuming it meets Department of Health requirements. Each parcel can water up to 1/2 acre per Idaho’s water regulations.

Teton County Zoning Map

So, the question is, and the point of this article, can you do anything on your agricultural zoned property other than a single family residence with guest house (or of course agriculture)?

The answer is yes, as long as you conform to the land use requirements in the county. In a sense, the name of the zoning is a bit deceiving. It leads most to believe that only agriculture is allowed, and some even question the ability to have a home. Since we talked about that above, let’s talk about some of the other allowed, or allowable uses.

The County’s existing land use regulations are split into three categories. They are:

Permitted by Right
Permitted with Conditions
Permitted with Conditional Use

In a nutshell, if you are trying to do something that is permitted by right, you don’t have to ask in most cases. If it is permitted with conditions, obviously you need to make sure that the conditions are met, and the same rules apply. If it is permitted with a conditional-use permit, there are special requirements that vary based on the nature of whatever it is you are trying to do. Some interesting ones; a home daycare is permitted for up to 6 children, and 7 to 10 children is permitted with conditions. An aviation field is permitted in agricultural zones with a conditional-use permit. A church, or place of worship can be permitted with a conditional-use permit. The list goes on.

Many sectors of retail, manufacturing, and even some residential types are still limited to commercially zoned areas such as convenience stores, bakeries, bars, beauty shops, golf courses, grocery stores, hotels, restaurants – you get the idea. In a way this makes sense, and most of these services would make more sense located within city limits anyway.

You can find the County’s land use Matrix table beginning on page 29 of title 8 of the Teton Valley code, zoning regulations. That link is below.

Teton Valley Code (see Chapter 8)

Will Heat Pumps Work in the Teton Valley Climate

April 18, 2018 By Tayson Rockefeller Leave a Comment

You’ll probably find a video in the coming weeks with respect to heat pumps in our climate, I’ve just installed one. One can assume that probably means that they do work in our climate, otherwise I wouldn’t have installed one. The real answer is, pretty much. With that said, read on for details.

The first thing to understand about heat pumps is how they work. In a traditional sense, heat is created by burning fuel (in the case of Teton Valley, propane, whereas natural gas is not available) or with the use of an electric heating element much the heating element in your oven, or the elements that glow bright red in your toaster. Heat pumps work much differently. Essentially, they absorb heat from the outside and transfer that heat inside your home through refrigerant. Refrigerant has all sorts of weird properties that allow it to boil and change from a liquid to a vapor at temperatures far different than something like water.

Not all heat pumps are created equal, there are different types. The most common types are air source and ground or water source heat pumps.

Ground source heat pumps are more traditionally referred to as geothermal systems. There are different types of geothermal systems. The most common types are open-loop and closed-loop, we see closed loop systems more frequently in our area, but I have seen both. With a closed loop system, liquid is pumped through tubes in the ground which is naturally warm, even throughout the winter months. The heat that is absorbed is then extracted from the liquid as it returns to the heat pump, and the cold water is then pumped back into the ground to be reheated naturally. In the case of an open loop system, groundwater is used usually from a domestic well, the heat is extracted, and the water is then allowed to drain or in some cases is injected back into the ground.

Air source heat pumps are more traditionally referred to as condensers and evaporators, a good example is an air conditioning system. An air conditioner works by absorbing heat inside the home, then transferring it outside. In the winter the cycle reverses, and the heat is absorbed from the outside air and transferred inside. Believe it or not, there’s enough heat in the outdoor air even at very low temperatures. Obviously a major benefit of an air source system is that it can be reversed, and the home is then air-conditioned during the cooling months. The downside is that these systems begin to lose efficiency at about 0 degrees Fahrenheit, but can operate efficiently in Sub-Zero temperatures to a point. This is why at the preface of my article I said “pretty much.”

With respect to the air source systems, it never gets below 0 degrees in Teton Valley, so there’s nothing to worry about. Right? Sarcasm aside, there are solutions. The easiest solution is obviously a backup heat source that can be activated when the temperatures get too low for the system to operate efficiently. The other solution is to add an auxiliary form of heat to the system which can either be in electric coil that is activated at very low temperatures, or a gas furnace that activates at low temperatures. The latter is referred to a “dual fuel” system.

There are other types of air source heat pumps which are commonly referred to as “mini splits.” Mini splits are basically an air source heat pump, but rather than having the system tied to a traditional furnace, they usually have a smaller self contained blower connected to an outside condenser via refrigerant lines. Mini splits are very common in most parts of the world because of their efficient cooling and heating capabilities and the fact that they can easily be retrofitted to any residence or building with relative ease. The downside is that most mini split indoor units (often called heads) don’t have any way to add auxiliary forms of heat such as heating elements or gas-burning forms of backup heat. Regardless, I do anticipate seeing more of these types of installations with backup heat such as baseboard electric which can be used seldomly when the temperatures dip into the sub double digits.

As for my system, it’s ducted and ductless mini split system with backup heat strips and temperature lockouts, all of which is controlled from my smartphone. I’d be happy to fill you in, it’s pretty cool stuff.

Is the rental market changing in Teton Valley, Idaho?

December 11, 2017 By Tayson Rockefeller Leave a Comment

Those of you with a pulse on Teton Valley long-term rental market have probably noticed a bit of a lull in terms of occupancy and a small increase in availability. This tends to happen every year after the ski season begins and before the holidays. Those looking for something to rent for seasonal work have already found something in most cases, and long-term residents are generally settled in for the winter.

This year, most property managers have noticed things are a bit slower than the last couple of years, at least with existing inventory, specifically in Driggs and the North end of the valley. This is caused mostly by a supply spike in Victor, where people prefer for the Jackson commute. Several modulars along Highway 31, though lacking amenities, have filled quickly because of their location. Several more units are soon coming available on Dogwood St, and it is yet to be seen how many will be reserved for long-term renters. The new Clinic on Main Street will likely have long term rental availability. These newly completed, or soon-to-be completed projects in addition to a few others seem to have mostly satisfied the shortage, at least in the short-term interim.

I don’t believe this influx of availability will have any long-term effect on the market based on how deep the rental shortage actually is. Once the holidays are behind us, we will begin to better understand inventory levels compared to recent history. It’s been a long time since we’ve seen an oversupply (and I’m not suggesting at all that we are back to anywhere near an oversupply, or even sufficient supply) and even when we did, it was an oversupply of rentals that were not originally meant to be rentals. Throughout the downturn of 2008 we saw a number of vacancies, but these vacancies were second homes converted to long-term rentals, or even vacation rentals which weren’t performing well enough to satisfy debt service. In fact, there haven’t been too many private back-to-back projects built specifically for long-term rentals in a long time. We saw some housing projects near the Sage Hen condos, and of course the Fox Creek Apartments, but all told, not too many dedicated rental properties.

With the headlines being rental shortage you will call me crazy, but we will have to monitor the number of dedicated long term rental projects, apartment buildings and so forth in order to sustain a healthy environment with a good mix of tenants and available rentals to keep vacancies at a minimum and our rental market healthy. It will be interesting to see new major projects and how well they absorb into the marketplace in the near future.

Homeowner’s Association Interpretation

July 10, 2017 By Tayson Rockefeller Leave a Comment

Homeowner’s Associations and CC&R’s seem to be one of the Hot Topics in real estate, especially over the past couple of years. I don’t want to wear out the topic, but it is important to address some of the questions that people have, especially locally.

For the record, I am for Homeowner’s Associations in most circumstances and agree that in some situations they don’t belong. Many people buy property within existing developments because of the covenants, rules & regulations in place. While it may not be expressly stated that the covenants are the reason for the purchase, it is usually as a result of those within a community abiding by the requirements set forth in these documents. Uniformity, style, there are a dozen reasons why these covenants makes sense.

On the flip side, there are communities in areas that have not had, and likely never will have CC&R’s or development restrictions. Usually, if it’s not within a development such as the core towns like as Driggs and Victor, it can be part of the appeal for some. I always chuckle hearing the sounds of clucking chickens in town, and seeing the great diversity in construction style in these “downtowns”, but it’s also what makes these towns charming.

So, getting back to the topic here. I’ve run into a few circumstances lately where even though I thought understood how the CC&R’s were written, I learned that many Homeowner’s Associations had interpreted these documents differently. While I think there may be an argument in many of these cases, some potential buyers don’t want to argue with the Associations regardless of whether or not they think, or anyone else thinks that they’re interpreting them incorrectly.

One of the most popular examples would be short-term rentals. Most CC&R’s do state that homes shall be used for residential purposes only. There are few exceptions that state home businesses can operate with conditional-use permits from the County, but again, most of them have this generic language. Most case law, (from what I understand many in Idaho) suggests that short-term rentals are not considered commercial businesses. Unless these documents specifically state that short-term rentals are not allowed, it is my opinion that Idaho would rule in favor of allowing rental types, both long-term and short-term.

Another example I ran into recently would be livestock and horses. The CC&R’s in this particular case stated that livestock would be allowed as long as it did not create a nuisance, but after contacting and understanding the Homeowner’s Associations interpretation, I was informed that livestock, nor horses would be allowed. I think there may be an argument here, but I’m not sure this would hold up in court. Here again, unless someone already owns the property and wants to argue, most buyers don’t want to prematurely go down this road, they would rather just find something else.

The second example might be a little bit harder to argue in the case of the association or the potential buyer, but much information I reviewed suggests that homeowners associations should specifically state what is NOT allowed as opposed to stating what is, or at least in my opinion.

As tensions rise over some of these issues in the future, I believe that homeowners association should take an active role in reviewing their CC&R’s and perhaps a mending some of the language so that it it is ambiguous while it is still relatively easy to amend these documents. Mini development today have owners of multiple lots, and very few homes in them. It’s easier to address some of these issues today as opposed to arguing with homeowners and buyers down the road, especially as population grows.

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