Boundary County Planning and Zoning Commission
Minutes
May 19, 2016 Regular Meeting
Attending:
Public: Daryl Thiel, Elizabeth Thiel, Rick Dinning, Jason VanEtten, Jennifer VanEtten
Planning & Zoning: Kim Peterson, Caleb Davis, Marciavee Cossette, Scott Fuller, Ron Self, Wade Purdom, Matt Cossalman, John Cranor, Tim Heenan
Staff: John Moss. Absent: Tevis Hull
At 5:30 pm Chairman Kim Peterson opened the regular meeting and asked for an approval of the minutes from the April 21 meeting. There being no corrections noted (except the reference to 'come next week' be changed to 'come next month' noted by Wade Purdom), Purdom moved to accept; Caleb Davis seconded, and the minutes were approved by all.
{ Planning & Zoning minutes are transcribed from the conversation that takes place during the meeting. Topics are condensed, eliminating verbatim comment in order to condense the material. Key points are included in this extraction and all votes taken are recorded.}
Chair Peterson then read the script for conduct of Public Hearings, reviewing the procedure to be followed for all official proceedings per Section 19 of the Boundary County Zoning and Land Use Ordinance 2015-2.
The first item on the agenda, application 16-078 by Tungsten Holdings was announced and concerned an application for a Long Plat Subdivision permit related to an Urban Subdivision. The criteria for reaching a recommendation/decision was presented:
11.3.7. Urban Subdivision: Subdivision by long plat to create lots primarily intended for residential development in which any lot proposed is less than 2 ½ acres in size. With Transfer of Development Rights, density may be increased to the condensed development density for the zone. In an urban subdivision, the following standards apply:
11.3.7.1. Roads intended for adoption by Boundary County shall be built and surfaced to standards established by the current Boundary County Road Standards Manual serve all lots created. Where roads are to remain under private ownership and maintenance, the subdivision created shall be served by defined access and utility easements to an existing public road, to meet width and slope requirements established by the current Boundary County Road Standards Manual, and all lots shall be served by roads surfaced to a standard sufficient to allow all-weather access by emergency vehicles, actual surface notwithstanding. Where four or fewer lots are proposed, road width and slope requirements may be waived.
11.3.7.2. Electrical service sufficient for residential use is brought to each lot.
11.3.7.3. Each lot is or can be served by a water district or association or by private well.
11.3.7.4. A sewer or an installed septic system serves each lot.
Mr. Rick Dinning representing Tungsten Holding was asked to make an opening statement, and he explained that the request concerns a 3 acre parcel which is being requested to split into two lots; 1.15 acres and 1.85 acres. Both parcels, across from the land fill, have direct access to Hillcrest Rd, which is a county road. Both proposed parcels have utilities up to the site.
Cossalman asked about current access; Mr. Dinning replied that both parcels have been reviewed by Road & Bridge and have been approved. Self asked if their were two accesses and Mr. Dinning replied that the 1 acre lot has a driveway and R&B has approved access to the 2 acre lot.
Davis asked for clarification: the 1st lot has electricity, water and septic installed while the 2nd lot does not have these but they are available? Mr. Dinning acknowledged this to be true. Self asked if the septic were common or individual; Staff replied they are individual.
There being no more discussion with the applicant, and after the Staff Report corroborated the points raised, Peterson asked if there was anyone speaking in favor of the application. After no response, Peterson asked if there were any who were non-committal to the application.
Mr. VanEtten said his concerns were based on appreciating the privacy he enjoys as a direct neighbor to this property. He said he purchased his property in part because of the privacy afforded by trees on the applicant's 3 acre parcel. He asked Mr. Dinning what the chances are of the trees being cut, thus affecting his privacy? Peterson suggested Mr. VanEtten wait for Mr. Dinning to respond to questions in his closing remarks. After determining that Mr. VanEtten had nothing further, and upon no additional comments from the public, Peterson asked Mr. Dinning to make a closing statement.
Mr. Dinning said he was intending to sell the property, and that nobody could predict what a buyer may wish to do with the property. He said he has owned the property for 22 years, that he has always wanted to be a good neighbor and can only trust the buyer to feel the same way.
Cossette asked if the goal is to sell the property? Mr. Dinning said yes, that is the intent.
Self suggested that a condition be set that the final plat not be recorded until a septic has been approved and installed. Mr. Dinning had commented he was willing to do that, if the application was improved, but didn't want to come to the hearing after having the septic installed only to find that his application was denied. Self said that an approval without installation was good only for two years, after which another approval would be required before installation.
Staff said that before gaining the Administrator's signature on the final plat, Panhandle Health was required to sign the plat and the Administrator can confirm the septic has been installed before signing.
Ron Self moved to approve the Urban Subdivision, Scott Fuller seconded. Caleb Davis moved to amend the approval to require compliance with Section 11.3.7.1. through 11.3.7.4.; specifically that a septic system has been installed to serve each lot; Wade Purdom seconded, and the vote was as follows:
1. Cossalman – [Aye], Davis – [Aye], Cossette –[Aye], Fuller – [Aye], Peterson – [Aye], Purdom –[Aye], Self –[Aye], Cranor - [Aye], Heenan -[Aye]
2. Tally: Aye – _9__; Nay – _0__ Absent: _0__
The request for an Urban Subdivision (Permit 16-078) was approved. as a recommendation to the Board of County Commissioners who will schedule another public hearing and make the final decision.
Note that there was comment concerning Section 11.3.7.4., suggesting the ordinance be altered to state 'approved' rather than 'installed' regarding septic system availability.
The second item on the agenda, application 16-079 by Daryl Thiel was announced and concerned an application for a Variance related to a request to split a 5 acre parcel from a 62 acre parcel in an Agriculture/Forest zone where the minimum parcel size is 10 acres. The criteria for reaching a recommendation/decision was presented:
12.3.4. Considerations: In considering an application for a variance, the planning and zoning commission should determine, at minimum:
12.3.4.1. Whether special circumstances of the property, such as its shape, size or features, render the parcel unsuited for uses that would otherwise be allowed in the zone district.
12.3.4.2. Whether failure to grant variance would infringe on the rights of the property owner or would constitute a taking of private property rights.
12.3.4.3. Whether granting the variance would confer special privilege to the property owner, of if it would be granted to any property owner in similar circumstances.
12.3.4.4. Whether the grant of variance would be detrimental to the general public welfare, create a public hazard or be injurious to property or improvements in the immediate vicinity.
Mr. Daryl Thiel was asked to make an opening statement, and he explained that he owns 62 acres in an Agriculture/Forest zone. His company, American Materials, deals with sand and gravel and he has been active in the county for over 30 years. A good portion of his land is pasture, while a second large portion contains his home, a well, and related structures. He explained that his daughter had been living in a trailer on his property, now bolted to the ground. His daughter is leaving to get married. The property on which this structure is placed is on a knoll which slopes down to a pond.
The property is serviced by electricity, a septic system and water from the well on his property. Neither the knoll, the pond, or the surrounding 5 acres is useable either as agriculture or as an adjunct to the existing part of the property containing their own residence. Without pointing a finger, several adjoining properties have less than 10 acres. His desire is to sell the knoll and the related 5 acres.
Self asked about the water – is the well tied to the trailer? Yes, but upon sale this relationship will be terminated and a membership to Cabinet Mountain Water will be substituted as a source of water to the trailer
Davis established that the 5 acres are not suited for agricultural use, nor could the acreage be attached to the existing house portion of the existing parcel. On the one hand, the access to the agricultural pasture is broken by the pond. On the other hand, the topography and the desire to break the water connection make the addition of any more acreage in that direction unfeasible.
The staff report revealed multiple neighboring properties of less than 10 acres. Cossalman asked if there were any neighboring properties that had been granted a variance by the P&Z Commission? Staff responded yes, right across the road (giving specifics). Cossalman asked what the justification had been on that variance, and Staff said the same properties we are looking at now, all less than 10 acres. Cossalman asked what happens if this variance is approved? Staff replied that this allows a parcel split to be granted. Staff can approve a parcel split, but when doing so, as in this cae, a variance grant is required; e.g. 5 acres being less than the 10 acre minimum for this zone, a variance is required. If a variance is approved, the applicant will be granted a parcel split.
The applicant was asked for a closing statement and Mr. Thiel said that he was sure the P&Z Commission would do the right thing.
Peterson went over the list of considerations, and the Commission concurred that the size and shape of the property was a defining characteristic, as well as the consideration that if you would grant the variance to one person would you grant the same privilege to others in the same circumstance? The Commission recognized that several properties share this same size characteristic, and that this was additional information in support of the request.
Tim Heenan moved to approve the Variance application, John Cranor seconded and the vote was as follows:
1. Cossalman – [Aye], Davis – [Aye], Cossette –[Aye], Fuller – [Aye], Peterson – [Aye], Purdom –[Aye], Self –[Aye], Cranor - [Aye], Heenan -[Aye]
2. Tally: Aye – _9__; Nay – _0__ Absent: _0__
The request for a 5 acre variance (Permit 16-079) was approved allowing staff to proceed with an application for a 5 acre split off 62 acre parcel RP61N01E149000A.
Note: Matt Cossalman suggests that frequent requests for parcel sizes less than 10 acres in this Agriculture/Forest Zone suggests that a zone map amendment is worthy of consideration in this vicinity.
Next on the agenda was to consider the proposed changes to the ordinance. Staff brought no material to the hearing, but suggested providing everything currently proposed in a packet to be mailed to the P&Z Commission members. If everyone concurs the material reflects the agreed upon changes, Matt Cossalman suggested that a public hearing be scheduled to share these proposed changes. All agreed that after reviewing the material and sharing any concerns (for one last final edit, if necessary), a public hearing date can be established.
Next, staff provided a copy of a new appeal procedure and application form, and shared an updated Conditional Use Application. Staff said that he had shared the forms with Counsel Tevis Hull, who had reviewed them and found them acceptable. There was not much that could be said concerning these, except that Cossalman said that it would be informative to see how they are used.
Staff stated his unavailability the third week of July. A vote was taken and it was agreed there would be no Planning & Zoning meeting in July.
Matt Cossalman moved to adjourn, Caleb Davis seconded, approved unanimously at 7:45PM.
John B. Moss
Recorder
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Kim Peterson, Chairman Date