NOTICE OF PUBLIC HEARING

Boundary County Commissioners will hold public hearing at 10:30 a.m. Tuesday, December 7, 2010, in commission chambers at the Boundary County Courthouse to accept public comment on an appeal to the approval of application 10-041 by Judy Sterns, who is seeking a conditional use permit to establish a country store.

Specifically, the planning and zoning commission approved the applicant's plans to set up a 500-square foot portable building on five-acre parcel RP64N01E281215, located on U.S. 95 at milepost 521 and owned by Edity Myers for the Robert Shelton Estate, from which to sell a variety of items, including building supplies, farm and ranching supplies, home and garden items, gifts and other items. Hours of operation would be from 10 a.m. to 8 p.m. Monday through Friday. The appeal, by Jacob Epstein, contends primarily that the commercial activity described is inconsistent with the intent of Chapter 7, Section 1A, zoning and subdivision ordinance,

The deadline for written comment and material is 5 p.m. Thursday, December 2, 2010. 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 appeal 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.

Boundary County Planning & Zoning Commission
FINDINGS AND DECISION
Application 10-041, Judy Stearns Conditional Use Permit

MOTION: Made by member Steve Shelman to approve application 10-041 as presented and with no additional restrictions. Seconded by member Paul Shelton and carried by a vote of three “aye” and two “nay.”

OVERVIEW: The applicant is seeking to establish a country store in a 500 square foot portable building and up to two storage sheds on parcel RP64N01E281215A, a five acre parcel owned by the Robert Shelton Estate, Edith Myers, trustee, located on U.S. 95 at Grandma's Lane. The store would offer a variety of items catering primarily to farmers and ranchers. Hours of operation would be Monday through Friday from 10 a.m. to 8 p.m.

PUBLIC HEARING: The Planning and Zoning Commission held public hearing on this application September 16, 2010. Prior to public hearing, written comment was received from the following:
1. Travis Blackmore, regarding contested property ownership.
2. Joyce Blackmore, regarding contested property ownership.
3. Dale Blackmore, opposed, alleging that he owns the property on which the use is proposed.

During public hearing, commissioners heard testimony from the following:
1. Judy Stearns, applicant.
2. Mike Ripatti, Copeland, in favor of the application, who said there were numerous small stores in that area while he was growing up that mostly went away while gas was cheap and people could afford to drive long distances for goods. In giving the rebuttal for the applicant, he stated that, as a former licensed surveyor, he had reviewed the deed record of the property going back long before Shelton purchased the property, and stated that the record clearly shows the property is owned by the Robert Shelton Estate.
3. Regina Sherman, who lives across U.S. 95 from the site of the proposed use, spoke uncommitted, saying she was concerned over septic and the potential for people to use her driveway.
4. Dale Blackmore, speaking in opposition, stated that he owned the property on which the store was proposed, saying that he had purchased it from the late Bob Shelton but that no transfer had been made. He stated that he would not allow the applicant to continue with the project until the property dispute was resolved.
5. Edith Myers, trustee of the Robert Shelton Estate, in favor of the application, testified that she had the property surveyed to show where the lines are, and that she'd paid taxes on the property since her father died seven years ago. She stated that her father had not sold Blackmore that portion of the property.
6. Jacob Epstein, Copeland, speaking in opposition, stated that the use did not fit the zone district specifications and said approval would, in effect, make the property commercial, which would be the same as spot zoning. He said he was concerned about outside storage and said there were locations in the county zoned for such activity.

FINDINGS: In reaching a decision on this application, the Planning and Zoning Commission found the following:
1. Based on testimony by administrator Mike Weland, county records show that the legal owner of the property on which the use is proposed belongs to the Robert Shelton Estate under control of trustee Edith Myers.
2. The use proposed is allowed consideration in the agriculture/forestry zone district pursuant to Chapter 7, Section 2, Boundary County Zoning and Subdivision Ordinance in that the use is a commercial business supplying products for agriculture and forestry production and harvest.
3. That the site plan and other documentation provide sufficient detail to provide a clear description of the use proposed.
4. There is sufficient land area available to accommodate the proposed use, and sufficient on-premise parking is provided to meet the provisions of Chapter 14, Section 3, Boundary County Zoning and Subdivision Ordinance.
5. The proposed use will not have substantial adverse effect on adjacent properties. By the testimony of the applicant, there would be no outdoor storage of inventory or materials to create a potential eyesore.
6. Based on testimony from the applicant, no public services except electricity will be required to accommodate the proposed use. No septic system would be required as a portable restroom would be used. No water would be required on the site. The location of the use lies within the Hall Mountain Fire Department, who were notified of the application and gave no comment.


/s/                            10/21/2010
Matt Cossalman       Date
Co-chair
Boundary County Planning and Zoning Commission

Appeal of Final Decision of the Planning and Zoning Commission

By: Jacob Epstein, 473 Marydel Lane, Bonners Ferry, ID 83805

Grounds: The following grounds are submitted of this appeal.

  1. The commercial activity as described in the application is inconsistent with the intent of ordinance Chapter 7, Section 1A, in that it would reduce the availability of potentially productive ag/forestry land.
  2. A retail country store is not one of the conditionally permitted uses listed in ordinance Chapter 7, Section 1D. The only retail activity conditionally permitted is for "plant nurseries and greenhouses, off-premises produce stands."
  3. The five-acre parcel in question is a non-conforming lot of record and is subject to the requirements of ordinance Chapter 8, the intent of which is "to allow the continuation of non-conforming uses but prevent the expansion of such non-conformity." The addition of business structures (office, storage shed, etc), or the use of an existing residential structure for business would significantly expand the non-conformance of the lot. As such, Chapter 8, Section 5 requires the application for and approval of a variance prior to the expansion. This action has not been taken!
  4. After wrongly approving the Conditional Use application, the board failed to consider or impose any conditions, totally ignoring all of the concerns presented at the hearing. Accordingly, the following conditions are both appropriate and necessary:
    1. Clear entry signs onto the property from Highway 95, in both directions, to avoid turn-arounds on neighboring properties.
    2. Hours of operation.
    3. That structures and the storage of business materials be arranged and maintained so as to minimize any adverse effects to neighboring properties.
    4. Site grading to prevent or control potentially polluting run-off onto neighboring properties.
    5. Site landscaping to reduce the impact of the business on neighboring properties.
    6. The security lighting be well shielded to avoid off-site glare.
  5. Conclusion:
    1. The use in question is not a conditionally permitted use in the agriculture/forestry zone district.
    2. A variance is required prior to the expansion of a non-conforming use.
    3. Convenience, variety and home and garden stores are available at Porthill, Eastport, Three Mile and Bonners Ferry. Creating a retail business spot zone at the requested location within the agriculture/forestry zone district is not supported by our zoning ordinance and would establish a bad precedent which would undermine the basic purpose of the ag/forestry zone.

Accordingly, I respectfully request that you take the steps necessary to reverse this decision.