Boundary County Commissioners will review and possibly sign the written findings and decision on this application (see below) at 11 a.m. Tuesday, July 13.

DECISION/MOTION: Motion to recommend that application 10-009 be disapproved made by member Marcia Cossette, seconded by member Dan Studer. Cossette and Studer voted “aye,” members Matt Cossalman and Steve Shelman voted “nay” and chairman Rod Barcklay voted “aye” to break the tie and forward to county commissioners a recommendation of disapproval.

OVERVIEW: The applicant is seeking a special use permit to operate a log home construction business on  7.9-acre parcel RP62N02E077355A.

SURROUNDING USES: Forest, large lot residential.

PUBLIC NOTIFICATION: Legal notice for planning and zoning public hearing March 18, 2010, published in Bonners Ferry Herald March 25, 2010. Notices mailed to surrounding property owners March 25. Property posted April 9. In addition to 13 surrounding property owners, notices were also sent to the Three Mile Water, county road and bridge, Panhandle Health, Northern Lights and the U.S. Forest Service.

WRITTEN COMMENT RECEIVED:
1.Aaron Rutherford, favor.
2.Steve Tanner, favor.
3.Jim Stippich, favor.
4.Andrew Eckberg & Cassandra Rutherford, favor.
5.Michael Dinning, favor.
6.Kraig and Michelle Petersen, opposed.
7.S. Janice Eby, opposed.
8.Ken Hunter, opposed.
9.Northern Lights, uncommitted.

P&Z PUBLIC HEARING: Hearing held April 15, 2010 with five members present.

SIGN IN SHEETS/PUBLIC COMMENT:
1.Ken Hunter, opposed.
2.Michelle Petersen, 664 Meadow Creek Rd., opposed.
3.Kraig Peterson, 664 Meadow Creek Rd., opposed.

FINDINGS: In considering this application, the Boundary County Planning and Zoning Commission did find:
1.The use proposed will create adverse impact to adjoining property owners, especially noise, with no method available to effectively mitigate.
2.The use proposed is a commercial use which would be better situated on property zoned for such use.

/s/
Rod Barcklay
Chairman

BOUNDARY COUNTY PLANNING & ZONING COMMISSION
FINDINGS AND DECISION
VARIANCE APPLICATION 10-009, THOMAS BUSHNELL

DECISION/MOTION: Motion to approve the application as presented made by member Matt Cossalman, seconded by member Dan Studer and carried unanimously.

OVERVIEW: The applicant is seeking a variance to divide 7.9-acre parcel RP62N02E077355A into two parcels approximately equal in size where divided by a seasonal creek and a pond.

SURROUNDING USES: Forest, large lot residential.

PUBLIC NOTIFICATION: Legal notice for planning and zoning public hearing March 18, 2010, published in Bonners Ferry Herald March 25, 2010. Notices mailed to surrounding property owners March 25. Property posted April 9. In addition to 13 surrounding property owners, notices were also sent to the Three Mile Water, county road and bridge, Panhandle Health, Northern Lights and the U.S. Forest Service.

WRITTEN COMMENT RECEIVED:
1.Kraig and Michelle Petersen, opposed.
2.S. Janice Eby, opposed.
3.Ken Hunter, opposed.
4.Northern Lights, uncommitted.

P&Z PUBLIC HEARING: Hearing held April 15, 2010 with five members present.

SIGN IN SHEETS/PUBLIC COMMENT:
1.Ken Hunter, opposed.
2.Michelle Petersen, 664 Meadow Creek Rd., opposed.
3.Kraig Peterson, 664 Meadow Creek Rd., opposed.

FINDINGS: In considering this application, the Boundary County Planning and Zoning Commission did find:
1.The parcel is naturally divided by a seasonal creek, which, along with the location of an existing septic system, limited access between both sides of the property.
2.The division of this property by the seasonal creek makes the property unsuited for uses established in the agriculture/suburban zone district.
3.Based on the above, the variance requested does not constitute a grant of special privilege inconsistent with limitations placed on similarly situated properties within the agriculture/forestry zone district.
4.Approval of this variance is not materially detrimental to the public welfare nor injurious to property or improvements in the vicinity.

/s/
Rod Barcklay        Date
Chairman

BOUNDARY COUNTY COMMISSIONERS
FINDINGS AND DECISION
SPECIAL USE PERMIT APPLICATION 10-008, THOMAS BUSHNELL

DECISION/MOTION: Commissioner Dan Dinning made motion to approve special use permit application 10-008 with the following conditions:
1.That hours of operation be limited to 8 a.m. to 5 p.m. Monday through Friday.
2.That no power peelers be used in processing logs.
3.That dust control measures be employed around the site.
4.That no additional structures be built upon the site.
5.That no more than two chainsaws be in operation at any one time.
6.That the special use permit will expire in ten years and the business will either be closed or moved to an area designated for industrial use.

Commissioner Walt Kirby seconded. During discussion, further conditions were recommended:
7.That only one structure at a time be constructed, worked on or erected.
8.That a fire suppression plan be developed and placed on file with the Planning & Zoning Office and North Bench Fire.

Dinning made motion to amend the motion, Kirby seconded and the amended motion carried unanimously.

OVERVIEW: The applicant is seeking a special use permit to operate a log home construction business on  7.9-acre parcel RP62N02E077355A.

SURROUNDING USES: Forest, large lot residential.

PUBLIC NOTIFICATION: Legal notice for the planning and zoning public hearing March 18, 2010, published in Bonners Ferry Herald March 25, 2010. Notices were mailed to the applicant and 13 surrounding property owners March 25. Property posted April 9. In addition to 13 surrounding property owners, notices were also sent to the Three Mile Water, county road and bridge, Panhandle Health, Northern Lights and the U.S. Forest Service. Legal notice for the commissioners public hearing June 8 was published in the Bonners Ferry Herald May 13, 2010. Notices were mailed to the applicant and 13 surrounding property owners May 13. In addition to 13 surrounding property owners, notices were also sent to the Three Mile Water Association, Boundary County Road and Bridge, Panhandle Health District, Northern Lights and the U.S. Forest Service.

WRITTEN COMMENT RECEIVED PRIOR TO THE PLANNING AND ZONING PUBLIC HEARING:
1.Aaron Rutherford, favor.
2.Steve Tanner, favor.
3.Jim Stippich, favor.
4.Andrew Eckberg & Cassandra Rutherford, favor.
5.Michael Dinning, favor.
6.Kraig and Michelle Petersen, opposed.
7.S. Janice Eby, opposed.
8.Ken Hunter, opposed.
9.Northern Lights, uncommitted.

No additional written comment was submitted prior to the Commissioner's public hearing.

P&Z PUBLIC HEARING: Hearing held April 15, 2010 with five members present, and did forward to county commissioners a recommendation, passed by a vote of three in favor to two opposed, that application 10-008 be disapproved based on the following findings:

1.The use proposed will create adverse impact to adjoining property owners, especially noise, with no method available to effectively mitigate.
2.The use proposed is a commercial use which would be better situated on property zoned for such use.

BOUNDARY COUNTY COMMISSIONER'S PUBLIC HEARING: Held June 8, 2010.

The applicant made the following points for consideration:
1.The unemployment rate in Boundary County in April was 16-percent, affecting mostly younger people who are often forced to leave the community to find employment.
2.That the use proposed is a productive use of timber and log home building is one of the highest means of increasing the value of our local timber resources.
3.Because this is a start-up venture, he doesn't have the capital to acquire land in an area zoned for commercial or industrial use, though if the business proved successful, it would grow within ten years to a point where land zoned for such use could be acquired.
4.He stated that operation would be limited to 8 a.m. to 5 p.m. Monday through Friday, that not more than two chainsaws would be used at any one time, that a loader would be maintained on site for fire suppression, and that there would be no structure built to accommodate the use, such as a sales office.

Speaking in favor of the application were Jacob Bushnell, Cassandra Rutherford-Eckberg and Peter Unruh. No member of the public was uncommitted. Speaking in opposition were Ken Hunter and Kraig Peterson. Key elements of the opposition were based on potential loss of property value, noise, and allowing an industrial use in an area zoned agriculture/suburban.

Following public testimony, commissioners reached the following findings:
1.That the site plan and accompanying documentation provide sufficient detail to provide a clear description of the proposed use.
2.That there is sufficient land area to accommodate the proposed use and that the uses proposed are situated on the parcel so as to minimize adverse effects on surrounding properties.
3.That the proposed use will not have any substantial adverse on adjacent properties or to the general public and will not create hazard to adjacent property owners.
4.That the proposed use, as conditioned, will not create odors, noise or dust in excess of uses permitted within the zone district.
5.That the proposed use will add value to a local natural resource and provide jobs to benefit the local economy.

___________________________________
Ron Smith, Chairman

_____________________________________
Dan Dinning, Commissioner

_____________________________________
Walt Kirby, Commissioner

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Date

ATTEST:

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Michelle Rohrwasser
Deputy Clerk of Court