Taylor Family Transfer

Project description

Jessica Taylor (applicant), represented by Tamara Ross of IMEG Corporation, is requesting to use the family transfer exemption from subdivision review to divide their 1.93-acre property at 4400 Sierra Drive in Target Range into two parcels (Lot 5A: approximately 0.98 acres; Lot 5B: approximately 0.95 acres). Lot 5A and the existing residence will be gifted to Applicant’s father while applicant will retain ownership of Lot 5B. Applicant intends to construct a new primary residence, along with an individual well and septic system on Lot 5B.

The property is zoned Rural Residential, Small Agriculture (RRS 1), which allows for one home per acre and is also classified as Rural Residential and Small Agriculture by the 2019 Missoula Land Use Element, an amendment of the 2016 Comprehensive Plan. The property is also located within the Target Range Overlay district as it is located within the boundaries of the Target Range Neighborhood Plan.

Applicant is also requesting a Minor Waiver from the applicable zoning standards, as the newly created Lot 5A and Lot 5B will each be less than the one-acre requirement of the RRS 1 zoning district. A Minor Waiver allows an applicant to create residential lots if it meets all other applicable zoning and sanitation regulations. The Missoula County Zoning Regulations allow the Zoning Officer to approve or deny this Minor Waiver. Since the applicant requested the minimum relief necessary to complete the family transfer exemption while meeting the administrative standards established in the Missoula County Zoning Regulations, the Planning, Development and Sustainability department plans to approve the Minor Waiver request in advance of the hearing in front of the Board of County Commissioners associated with the family transfer exemption.

What is a family transfer?

Montana law specifically allows landowners to divide land and gift or sell one parcel per immediate family member (like a child, parent or spouse), without full subdivision review.

Requests for family transfers must always come before the commissioners. Missoula County considers dozens of family land transfers every year. It’s not rare — other counties across Montana regularly process these applications too. It’s not a loophole — it’s in the law for a reason: to help families live near each other or pass down land. It’s does not skirt regulations — the process requires surveys, documentation, fees and approval by county commissioners.

The landowner and recipient must be real people, not LLCs or corporations. It can only be used once per family member per county.

Project timeline

County Commissioners hearing: 2 p.m. Thursday, Nov. 5

• In-person location: Sophie Moiese Room, Missoula County Courthouse Annex, 200 W. Broadway, Missoula
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 467 457 758#. To join the meeting on your device, follow the links on the agenda that will be published at http://missoula.co/bccmeetings

Project lead

Jill Johnson, 406-258-4657

Tim Worley, 406-258-4657

pds@missoulacounty.us

Public comment

Submit public comment by Nov. 2 using the comment tool below.

Important links and documents

Taylor Family Transfer application

Existing & Proposed Conditions

Planning, Development and Sustainability webpage