NOTICE OF PUBLIC HEARING
The Boundary County Planning and Zoning Commission will hold public hearing at 5:30 p.m. Thursday, December 17, 2009, in the Main Courtroom at the Boundary County Courthouse to accept public comment on application 09-081 by Marc Paulsen, who is seeking a variance from minimum parcel size requirements so as to allow the partition of an 11-acre parcel into parcels 2 ½ and 8 ½ acres in size.
That parcel, RP64N02E030010A, is located on Amber Lane fronting the Moyie River. Currently zoned agriculture/forestry, the applicant states that the parcel is not suited for farming and is only moderate for timber. Under the comprehensive plan adopted in July, 2008, the area in which the parcel is located has been identified as suitable for suburban development, which, if adopted, would establish a 2 ½-acre minimum parcel size.
The deadline for written comment and material is 5 p.m. Thursday, December 10, 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 or by visiting the county website, www.boundarycountyid.org.
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 09-081
Applicant: Marc Paulsen
Parcel: RP64N02E030010A
Total Acreage: 11-acres
Zoning: Agriculture/Forestry
Location: Amber Lane
The applicant is seeking a variance from minimum parcel size to allow partition of the 11-acre parcel into parcels of 3.5 acres and 7.5-acres. Minimum parcel size in the Ag/Forestry zone district is 10-acres, however, the parcel was identified in the comprehensive plan map, adopted in July, 2008, though not yet in effect, as suburban, which would allow a 2.5-acre minimum parcel size. Initially, the applicant was seeking to split the parcel into 2.5 and 8.5-acre parcels, however, the property owner to the east, Daniel Deiss, expressed interest in 3.5 acres, to be consolidated with his 1.5-acre parcel so as to have a five-acre parcel with more frontage on the Moyie River. Should the zoning later be changed pursuant to the comprehensive plan, the owner could at that time, if so desired, divide that parcel into two 2.5-acre parcels and be in compliance with subdivision regulations.
Provided the 3.5-acre parcel is purchased by Deiss and consolidated with the 1.5-acre parcel he currently owns, this grant of variance will not result in the creation of any new parcels, but instead reduce the non-conformity of that existing 1.5-acre parcel.
The parcel on which the variance is sought is mostly treed. Most of the surrounding properties to the north are undeveloped, and there are small-lot residential and recreational lots to the east and south. Soil is Stein gravelly ashy silt loam, which is deemed good for timber and extremely poor for agriculture. There are portions of the parcel, mainly along the banks of the Moyie River, designated as wetland; the parcel lies in an area of minimal flooding.
Written notice of this application was sent to the Boundary County Road & Bridge, Panhandle Health District, Northern Lights, Hall Mountain Fire, the U.S. Forest Service and 17 surrounding property owners.
No written response to this application has been received by the established deadline.
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:
The grant of variance does not constitute a grant of special privilege inconsistent with limitations placed on similarly situated properties in the same zone district.
The variance requested is not materially
detrimental to the public welfare or injurious to property or improvements in
the vicinity.
Based upon these determinations, the commission may:
Approve the application.
Approve the application with conditions.
Table the application pending modifications or receipt of additional information.
Deny the variance application. If the commission denies the variance application, the applicant shall be provided the reasons for denial, in writing, and actions, if any, which could be taken to obtain approval.