Minutes

Boundary County Planning and Zoning Commission

September 20, 2007

Members present: Jan Christenson, Bruce Behrman, Rod Barcklay, John Kellogg, Barry Davis. Members absent (all announced): Tom Hollingsworth, Doug Reoch, Jake Negley, Henry McMahon. Staff present: Mike Weland.

1. There being no chair, nominations were called to appoint acting chair. Kellogg nominated Barcklay, Davis seconded and the nomination carried unanimously.
2. Barcklay opened the meeting and read procedure for public hearing. He opened public hearing on application 07-212. No member cited conflict of interest.
3. Barcklay called for opening statement. Mike Sheppard, owner of Porthill Mercantile, said that the reason for the variance request to deviate from 25-feet to 10-feet as setback on the north property line for placement of a fueling island was to accommodate traffic and provide for better traffic flow.
4. There was no staff report, though Weland stated that very little on the ground in Porthill fit the Porthill Plat, and that a similar situation exists in Eastport.
5. Barcklay opened hearing to those in favor of the proposal.
   1. Becky Maderos, a Mercantile employee, said she favored the proposal as it would benefit the Porthill community.
   2. Tom Sheppard said the proposed use would benefit not only Canadians, but those on the U.S. side, saving them trips to Bonners Ferry for fuel.
6. Barcklay called for testimony from those uncommitted, there was none. He called for testimony from those opposed.
   1. Ken Tompke, Lynden, Washington, and owner of approximately six acres in Porthill, including a gas station across Main Street from the Mercantile which was reopened in September, said he tried in the early 1990s to have the Porthill Plat corrected, but that his efforts were ignored by commissioners. He stated that the variance being sought was not from the existing property line as depicted on the plat, but from the new line under consideration for abandonment. He stated that through that placement, motorists would have to stop on Main Street to fuel, leading to congestion. He stated that parking in Porthill is already difficult, and that installing fuel pumps on the Mercantile property would further reduce the availability of adequate parking. He stated that nothing in the application can convince him that the proposal will not impact parking and traffic in Porthill, and stated that he has plans to further develop there, which will be negatively affected if the proposal is allowed.
7. There being no further public testimony, Barcklay called for closing comments from the applicant. Mike Sheppard stated that the variance sought was from the north boundary as exists on the plat, which puts Main Street approximately 17-feet into the front of the Mercantile. He stated he did have a third-party traffic study conducted, and said the plan as proposed would maintain current traffic flow rates. Discussion was held regarding the exact placement of the fuel island and canopy, and it was determined that, with canopy overhang, the canopy eave would encroach onto county property unless the abandonment occurs. Discussion was held on liability. Sheppard stated that he could re-size the canopy or eliminate it altogether.
8. There being no further questions, Barcklay closed the hearing to further testimony and called for discussion among members. Because of the various questions raised, no decision could be arrived at short of tabling the application pending the outcome of the abandonment hearing. Staff stated that they had the choice to table the hearing or to cede decision authority to county commissioners. Christenson made motion to cede decision authority to county commissioners due to the complexity of issues involved. Davis seconded and the motion carried unanimously.
9. Staff requested consideration of the June minutes and Barcklay called for reading. Kellogg made motion to waive read and approve as presented, Behrman seconded and the motion carried unanimously.
10. Staff reviewed the process for re-drafting zoning and subdivision ordinances, and stated that the proposed draft and a workshop schedule would be mailed to each member.
11. There being no further business, Kellogg made motion to adjourn, Davis seconded and the motion passed unanimously.