Boundary County Planning and Zoning Commission
Variance Application 09-033
FINDINGS AND DECISION
Motion: Made by member Jan Christenson to approve as presented based on the Comprehensive Plan Map designation, seconded by member Matt Cossalman and carried unanimously.
Applicant: Sam and Deneice Fodge
Parcel: RP62N02E182410A
Total Acreage: 9.05-acres
Zoning: Agriculture/Suburban
Location: Shingle Mill Loop
The applicant is seeking a variance of minimum parcel size to allow partition into two parcels approximately 4.75-acres in size to allow placement of an additional single family residence for the applicant’s son. The parcel is slopes down along the northwest to an intermittent stream, resulting in an irregular-shaped parcel, with the center of the parcel, formerly site of a gravel pit, mostly flat and level, with at what appears to be at least one existing residential structure. The gravel pit is mostly hidden from off-site view along Shingle Mill Loop by a dense buffer of trees.
Surrounding uses include medium to large-lot residential use to the south and east, and mainly forest to the north and west. Soils are defined as a band of crash silt loam with 35 to 75-percent slope along the creek, rated as good for timber and medium for agriculture, and Stein ashy silt loam with two to eight-percent slope over the remainder of the parcel, listed as good for timber and very poor for agriculture. The parcel does not lie within any defined critical wildlife habitat and there are no identified wetlands on the property. The parcel lies immediately within the 10,000-foot buffer of the airport overlay.
Written notice of this application was sent to the Boundary County Road & Bridge, Panhandle Health District, Northern Lights, the Boundary County Airport, North Bench Fire, Three Mile Water Association and 20 surrounding property owners.
One letter regarding the application was received from Mike Schneider, Shingle Mill Loop, citing no opposition to the proposal. During public hearing, Bruce Martins, an adjoining property owner, stated that he was in favor of the application. No one spoke in opposition to the proposal.
Consideration of this application is allowed at Chapter 9, Section 1, Zoning and Subdivision Ordinance:
Per Section 1, A variance is a special grant of relief from any specific provision of the ordinance and may be granted provided:
A. Special circumstances of the
property, to wit the shape, size and topography, make it unsuited for uses
established in the zone district in which it lies.
B. The variance request does not constitute a grant of special privilege
inconsistent with limitations placed on similarly situated properties in the
same zone district.
C. The variance requested will not be materially detrimental to the public
welfare or injurious to property or improvements in the vicinity.”
Upon conclusion of public hearing and after weighing the materials of the application and any testimony received, the commission did determine that:
/s/
Doug Reoch July 27, 2009
Chairman
The Boundary County Planning and Zoning Commission will hold public hearing at 5:30 p.m. Thursday, July 16, 2009, in the Main Courtroom at the Boundary County Courthouse to accept public comment on application 09-033 by Sam and Deneice Fodge, who are seeking a variance from minimum parcel size requirements to allow the division of parcel RP62N02E182410A.
Specifically, the applicants are seeking to divide the 9.05 acre parcel, located on Shingle Mill Loop, into two equal parcels of approximately 4.75 acres each. The property is bounded on the north and west sides by a creek, creating an irregular property line which does not allow the acquisition of additional property so as to meet the five-acre minimum parcel size required in the agriculture/suburban zone district.
The deadline for written comment and material is 5 p.m. Thursday, July 9, 2009. Written comment may be mailed to Boundary County Planning and Zoning, PO Box 419, Bonners Ferry, ID 83805, faxed to (208) 267-1205, or emailed to planning@boundarycountyid.org. Written comment will be accepted at public hearing provided the material is read into the record. There may be a five (5) minute limit per person on verbal testimony.
Further information on this application is available at the Planning and Zoning Office, Room 16 of the Courthouse, and the application is available for public review. Information is also available by calling (208) 267-7212.
Anyone requiring special accommodation due to handicap or disability should contact the planning office at least two (2) days prior to the hearing.
Staff Report
Variance Application 09-033
Applicant: Sam and Deneice Fodge
Parcel: RP62N02E182410A
Total Acreage: 9.05-acres
Zoning: Agriculture/Suburban
Location: Shingle Mill Loop
The applicant is seeking a variance of minimum parcel size to allow partition into two parcels approximately 4.75-acres in size to allow placement of an additional single family residence for the applicant’s son. The parcel is slopes down along the northwest to an intermittent stream, resulting in an irregular-shaped parcel, with the center of the parcel, formerly site of a gravel pit, mostly flat and level, with at what appears to be at least one existing residential structure. The gravel pit is mostly hidden from off-site view along Shingle Mill Loop by a dense buffer of trees.
Surrounding uses include medium to large-lot residential use to the south and east, and mainly forest to the north and west. Soils are defined as a band of crash silt loam with 35 to 75-percent slope along the creek, rated as good for timber and medium for agriculture, and Stein ashy silt loam with two to eight-percent slope over the remainder of the parcel, listed as good for timber and very poor for agriculture. The parcel does not lie within any defined critical wildlife habitat and there are no identified wetlands on the property. The parcel lies immediately within the 10,000-foot buffer of the airport overlay.
Written notice of this application was sent to the Boundary County Road & Bridge, Panhandle Health District, Northern Lights, the Boundary County Airport, North Bench Fire, Three Mile Water Association and 20 surrounding property owners.
One letter regarding the application was received from Mike Schneider, Shingle Mill Loop, citing no opposition to the proposal.
Consideration of this application is allowed at Chapter 9, Section 1, Zoning and Subdivision Ordinance:
Per Section 1, A variance is a special grant of relief from any specific provision of the ordinance and may be granted provided:
“A. Special circumstances of the property, including the
shape, size, topography, location or surroundings of the property make it
unsuited for uses established in the zone district in which it lies.
B. The variance request does not constitute a grant of special privilege
inconsistent with limitations placed on similarly situated properties in the
same zone district.
C. The variance requested will not be materially detrimental to the public
welfare or injurious to property or improvements in the vicinity.”
Upon conclusion of public hearing and weighing the materials of the application and any testimony received, the commission must determine that:
Based upon these determinations, the commission may: