P&Z Minutes April 17, 2014

Boundary County Planning and Zoning Commission
April 17, 2014 Regular Meeting
Attending: John Cranor, Marciavee Cossette, Ron Self, Caleb Davis, John Moss, Kim Peterson, Scott Fuller; absent: Matt Cossalman, excused; Bruce Behrman. Staff, Dan Studer.
At 5:30 pm Cranor, opened the regular meeting and read through the agenda, and introduced the members of the commission.
Cranor reopened public hearing 14-007 - Pilot West Conditional Use Permit application, which was tabled at the March regular meeting. Cranor reopened public comment to allow for comments by the applicant Wayne Jessop. Cranor called for Jessop to make opening comments on the application. Jessop said he was in the light equipment and farm equipment maintenance business. He said the location of the building, close to a neighboring trailer house, was due to the flat ground on that area, requiring less soil excavation to develop the building site.
Peterson commented that the trailer home just east of the development site, the impact to the trailers view would affect its land value. Moss pointed out that being within 500 ft. of the trailer is the reason for the conditional use; he asked Jessop if there had been any construction yet? Jessop said no, the machinery is outside on site. He wishes to build a large shop and separate office. Moss commented that if the building were over 500 feet away, or the building less than 5000 sq.ft. no application would be necessary.
Peterson asked Jessop if he intended to bid on the trailer property next door, which is in foreclosure? Jessop indicated he would like to purchase it. Cossette asked about his 10 employees. Jessop said a couple would work right there on site, but most would be in the field. Jessop commented that he doesn't want to impose on a neighbor, would like to make it work out. He'd be willing to build or make a smaller portable office. Cranor closed the public comment due to no one else present to give testimony.
Cranor read through the considerations in Section 7.7. Peterson acknowledged that the business is a benefit to the economy, 7.7.6; but the property rights of the person who will live just to the east must be protected, and cited 7.7.8. Moss pointed out that right now no one represents the interest to the property to the East – it belongs to a bank. Moss agreed with Peterson's concern over the interests of the current bank holder or someone buying the property, and not attending here to express concerns.
Davis agreed that the value of the property with the trailer will devalue because of the proximity of the proposed large building. Fuller argued that the entire area is agriculture and there are many large barns and storage buildings in that area; these should not be considered necessarily an eyesore.
Moss brought up again that the size of the structure is the issue, and if the building were modified to 4900 sq.ft. it would be a use by right, not requiring a permit. Cossette said that this business is likely to grow and if it did the applicant could apply for a permit then.
Peterson commented that she would feel better if the building structure were smaller and in compliance with the ordinance. Moss felt that the side issue of the home in foreclosure and no one here to express concerns over this bothered him.
Self motioned a recommendation to deny the application, and after discussion the motion was modified to: disapprove the motion based on a plan for over 5000 sq.ft. is too large and an undue impact, being within 500 feet of a residence, Section 7.7.8. Davis second the motion. There was no further discussion, the vote was unanimous.
Studer advised Jessop to apply for a commercial development permit with a modified plan, and this would confirm his plan is in compliance with the ordinance, and a development permit would be issued.
At 6:15 Cranor brought up the next agenda item, minutes. Moss motion to accept the minutes; second by Peterson. The motion passed with 5 in favor, and two abstention, because they were absent.
The regular agenda completed, Moss asked Cranor and the members to stay for a moment to address some concerns he has. The members agreed to hear Moss's concerns. Moss said that Behrman was absent this evening, and assumed that it was an unexcused absence. Studer confirmed that he had talked to Bruce this week and fully expected to see him here this evening. The absence was not excused.
Moss said this was the third unexcused absence this calendar year, and not counting last year absences. Moss said we have a good group, and he feels we need to maintain a good cohesive group. Davis felt that the fact the absence is unannounced is important. Peterson said she rescheduled her vacation time in order to attend meetings. Moss citing Section 3.6.8 motioned to recommend removal of Bruce Behrman to the board of commissioners for failure to appear. The vote was five in favor, two abstain (Peterson and Fuller).
Self motion to adjourn; second by Fuller. The meeting ended as the vote was unanimous in favor of the motion.
Dan Studer

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Matt Cossalman, Chair Date

Thursday, April 17, 2014 - 18:00
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