Boundary County Planning and Zoning Commission

Minutes February 15, 2018

At 5:30 pm Chairman Caleb Davis opened the meeting and presented the evening agenda. After identifying the presence of a quorum Davis asked the members of the Commission to introduce themselves.

[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.]

Boundary County Planning and Zoning Commission

Minutes December 21, 2017

At 5:30 pm Chairman Caleb Davis opened the meeting and presented the evening agenda. After identifying the presence of a quorum Davis asked if there were any changes or corrections to be made to the Minutes of the November 16 2017 meeting. There being none, Davis asked for a motion to approve the November 16 Miinutes. Ron Self so moved, seconded by Rob Woywod, and there being no further discussion Davis called for a vote. The votes were as follows:

John Cranor - Aye, Tim Heenan - Absent, Scott Fuller - Aye, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Aye, Rob Woywod - Aye, Ron Self- Aye, Caleb Davis - (tie-breaker);

Tally: Nay (0), Recused (0), Aye (7), Absent (1)

The motion to approve the November 16 minutes was unanimous.

[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.]

Next on the agenda was a Conditional Use Hearing regarding application 18-002 by Tom & Lisa Davies. This hearing was tabled on 11/18/2017 to provide time for the applicant and neighbors to discuss mitigating issues associated with strangers (vacation renters) use of the property. Chairman Davis reopened the hearing and asked the applicant for an opening statement.

Tom Davies said that because they live next to the rental property, this cannot be understated. He said they sent mail to their neighbors and their neighbors, Jeannie and John Wallington, sent an email in approval of their plans to rent. Mr. Davies reiterated that if any issues arise he and his wife are right there to resolve them. He said that at the last meeting he and his wife indicated they are willing to plant shrubs or trees to delineate the property line, or put up a fence, or whatever works to satisfy their neighbors regarding the safety of their property. He said that subsequent to that meeting no neighbors have approached them; that they sent the same letter to their neighbors as was sent to the Planning and Zoning Commission and that they welcome any suggestions put forth by the Planning and Zoning Commission.

Mr. Davies finished by saying that it was awkward at the last meeting to have our neighbor in uniform, that it is sort of imposing. He said he understood that Mr. Jarrell was on his way home from work, but still – since he (Tom Davies) had been himself in law enforcement for years, he appreciates the effect a uniform has on influencing opinion.

Self said this is Idaho, and we know the situation. Chairman Davis asked if there is any problem with Planning and Zoning imposing terms and conditions requiring the placement of a fence and Mr. Davies said no, not at all.

Lisa Jarrell was asked if she wanted to make a statement. She said her husband was NOT representing the Sheriff's office at the last meeting but was just getting off work and happened to not have a change of clothes available. She said at the last meeting it was asked if we (the Jarrells) could work out any differences (with the Davies). She said they expected to receive a letter addressing this and no letter was received. Ms. Jarrell said they were waiting for the Davies to reach out to them and that this didn't happen.

Ms. Jarrell continued to say that using Google Earth they took pictures of their property which they had just had surveyed and the pictures show that there is a shop on the property line.

Wade Purdom suggested that Google Earth provides an approximation of property boundaries. Ron Self said that a survey would be definitive but that an aerial view does not show the survey lines so it looks very close, that's all you can say.

Staff suggested that a parcel line adjustment, where the parcel line is shifted away from an existing structure, would be the way to resolve boundary issues. Since the shop is not the proposed rental structure it was unclear if the shop was related to the Jarrells' protest regarding the applicant's request. He said that a 20 foot setback from the property line is required for any structure but that if there is a dispute concerning this distance a parcel line adjustment can be requested to ensure the correct distance is maintained. Staff also said that the purpose of this hearing is not to resolve a parcel line dispute, that this can be handled in a separate process.

Ron Self said that the setback is a consideration because of the option of placing a fence on the parcel line. Staff responded that the hearing is not related to a parcel line setback question but rather the question is whether the cabin on the property can be used as a vacation rental. He said the privacy concerns regarding the placement of a fence can be mitigated under Terms and Conditions but that the actual location of a structure such as this shop has no bearing when considering the question of vacation rentals. Mr. Self acknowledged that this would be a legal issue.

Lisa Jarrell stated that they are concerned about their privacy and how to retain their open space while not having strangers on their property.

Scott Fuller said there is a need to look back further to see that both properties were owned by the same person and at the time the shop was built there was no issue with the property line. He suggested that at the time the parcel was split the shop may have been close to the setback limits.

Chairman Davisthen closed the meeting to public comment and told the Commission that in their consideration they have an option of setting Terms and Conditions. Wade Purdom said he believed it would be detrimental to require a fence but that it would be in the best interests of both parties to decide if a fence is an option. He said he was not speaking specifically about these people but people in general when facing a similar issue.

Self said the hearing was adjourned last time to let these people come to a decision but they've done nothing. Davis said that he understood Purdom to say that a decision to put up a fence can be made by either side. Self responded by saying the issue he remembered had to do with water access from the river being more attractive from the Jarrells' property and water access was the issue. Davis suggested opening the meeting to public comment and asking the applicant what has taken place there.

The Commission agreed unanimously to reopen the meeting to public comment. Mr. Davies acknowledged he had made inquiries and that a seawall was recommended to create a safe approach. He said they were willing to do whatever was necessary in this regard so their guests would not trespass on the neighbor's property.

The Chairman thanked Mr. Davies and said that the use of the river is not a 'right' and that if the Davies wished to make it more accessible they can do so, that the value of the rental is enhanced if there is river access available.

He then asked if the Commission is in agreement that the application meets the standard of Ordinance 9B18LOV1. He referred to the Staff Analysis and the description of recreational hospitality in both the Ordinance and the Comprehensive Plan, pointing out that specifically the Comprehensive Plan relates to the area in the north along the Moyie River as being recreational property. He said the Suburban zone specifically provides for a recreational cabin rental and that if this is located less than 500 feet from any residence then a Conditional Use Permit is required. The question is whether there should be Terms and Conditions attached to this application. The structure in question that may be on the property line is outside the scope of this decision. That being said, Davis asked if there were anyone wishing to make a motion?

Ron Self said he agrees regarding the structure on the property line and it was good strategy to have the property surveyed so they know just where the property line is; the two parties can get together and if need be do a parcel line adjustment and split the costs. Self made a motion to approve cabin vacation rentals as requested. This was seconded by Rob Woywod.

The Chairman then asked if anyone wished to entertain adding any Terms and Conditions to the motion, at which point Lisa Jarrell interjected, asking just what is the criteria for Terms and Conditions.

Davis then read aloud the Considerations from the Ordinance, Section 7.7. and stated that in the opinion of the Planning and Zoning Commission none of these considerations required establishing Terms and Conditions for this application. Lisa Jarrell said she disagreed with this conclusion.

Wade Purdom enumerated each of these again, and specifically focused on 7.7.7. which states "Whether specific concerns aired through the public hearing process have validity and whether those concerns can be adequately addressed."

Lisa Jarrell said that her concern is that if it were she and she wanted to do something like this it would be her responsibility to go to her neighbors and present her plan and see if there are any objections and if so try to work this out. However, this did not happen. Instead, here we are and I don't want my privacy threatened by the presence of unwanted strangers and we did not get a letter or contact at all.

Scott Fuller said that the job of the Commission is to weigh the law and that the Commission cannot take sides. Wade Purdom suggested that maybe running a hot wire (OK, maybe not 'hot') to define the boundaries would be acceptable? (Not agreed to by anyone.) Chairman Davis called for a vote and the voting was as follows:

John Cranor - Aye, Tim Heenan - Absent, Scott Fuller - Aye, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Aye, Rob Woywod - Aye, Ron Self- Aye, Caleb Davis - (tie-breaker);

Tally: Nay (0), Recused (0), Aye (7), Absent (1)

The motion to approve cabin vacation rentals (with no Terms and Conditions) was unanimous.

Boundary County Planning and Zoning Commission

Minutes November 16, 2017

At 5:30 pm Chairman Caleb Davis opened the meeting and presented the evening agenda. After identifying the presence of a quorum Davis asked if there were any changes or corrections to be made to the Minutes of the October 19 2017 meeting. There being none, Davis asked for a motion to approve the October 19 minutes. Ron Self so moved, seconded by Rob Woywod, and there being no further discussion Davis called for a vote. The votes were as follows:

John Cranor - Aye, Tim Heenan - Recused, Scott Fuller - Aye, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Recused, Rob Woywod - Aye, Ron Self- Aye, Caleb Davis - (tie-breaker);

Tally: Nay (0), Recused (2), Aye (6), Absent (0)

The motion to approve the October 16 minutes was unanimous.

[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.]

Next on the agenda was a Conditional Use Hearing regarding application 18-002 by Tom & Lisa Davies. Chairman Davis read the general Chairman's Script followed by the Legislative Script for application 18-002, a Conditional Use related to providing vacation rentals on property in a Suburban zone when such rentals are less than 500 feet from neighboring property.

Pursuant to that script there was no member of the Planning and Zoning Commission having ex parte contact and no members of the public wished to speak in favor of or neutral to the application. Chairman Davis asked the applicant(s) if they wished to give an opening statement.

Lisa Davies said the property contains a nice house and a studio sized structure. She said the plan is for the Davies' to be available at all times, since they own the neighboring parcel to the north. She said they were not experienced at providing rental service but that she wanted to be sure that if their renter had any questions or issues the Davies' would be right there to support them.

Chairman Davis then asked if there were any opposed to the application, and Lisa Jarrell spoke in opposition to the proposed use. She argued that the potential for trespass onto her property was likely due to the complete absence of a fence or line of demarcation separating her property from the Davies' property and that placing such a fence or line was something less than desirable. She said the neighborhood has been quiet and neighborly and that the Davies' had not contacted anyone with plans to introduce strangers into the neighborhood.

Bill Jarrell spoke, saying that his experience in law enforcement has been that renters, by their lack of ownership, are disruptive and detrimental to property both in being disrespectful of the rights of others and frequently being unlawful in their actions such as firing weapons and using alcohol and drugs. He stated that he came home at night for peace and quiet, not wanting the intrusion likely from a transient neighbor. Mr. Jarrell also mentioned the lack of comment regarding a letter from Tom and Lisa Kouri, the Kouris being a part of the neighborhood and also opposed to this application. Ron Self responded, saying the letter is part of the packet given to the Commission members several days before the hearing and that all had read and understand the Kouri's position.

John Cranor said that he had heard a lot of concern but that regarding the ordinance there didn't seem to be anything that would deal with these concerns. It seemed reasonable, he said, to consider mitigating options such as placing a fence to serve as a trespassing deterrent, or to block visibility of the neighboring property. However, it would seem these options should be discussed by the neighbors.

Rob Woywod made a motion that, while the floor is still open to public and applicant input, the hearing be tabled until the next meeting thereby giving the applicants and their neighbors time to review mitigating options, if any can be found. This was seconded by Ron Self, and the voting was as follows:

John Cranor - Aye, Tim Heenan - Aye, Scott Fuller - Aye, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Aye, Rob Woywod - Aye, Ron Self- Aye, Caleb Davis - (tie-breaker);

Tally: Nay (0), Recused (0), Aye (8), Absent (0)

The motion to table the hearing was unanimous.

Boundary County Planning and Zoning Commission

Minutes September 21, 2017

At 5:30 pm Chairman Caleb Davis opened the meeting and presented the evening agenda. After identifying the presence of a quorum Davis asked if there were any changes or corrections to be made to the Minutes of the August 17 2017 meeting. There being none, Davis asked for a motion to approve the August 17 minutes. Wade Purdom so moved, seconded by John Cranor, and there being no further discussion Davis called for a vote. The votes were as follows:

John Cranor - Aye, Tim Heenan - Aye, Scott Fuller - Aye, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Aye, Rob Woywod - Aye, Ron Self- Recused (not present), Caleb Davis - (tie-breaker);

Tally: Nay (0), Recused (1), Aye (7), Absent (0)

The motion to approve the August 17 minutes was unanimous.

[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.]

Next on the agenda was a presentation made by Matt Philbrook concerning Application 17-139, a request for a Conditional Use Permit authorizing the placement of a multi-plex structure (6 units) on parcel RP62N01E346141A. Chairman Davis read the scripts for general procedures regarding public hearings and specifically the Quasi-Judicial Script for Application 17-139, a Conditional Use regarding the placement of multiple structures in a residential zone (Section 15.12.5.). Adam Isaac asked to be recused from the discussion and voting based on having a personal relationship with the applicant. Mr. Davis asked Mr. Philbrook for an opening statement.

Mr. Philbrook explained that he installed a 4-plex on the subject property in approximately 2005-2007. He said there is a need for affordable rental housing in the location adjacent to the Safeway store on Main Street, more in fact than is currently available including his 4-plex installed more than ten years ago. He said there is adequate room for parking, including the estimated space requirements for both complexes.

After the opening statement, Davis asked for a Staff Report. Staff said the applicant had requested a Residential Placement Permit (17-138) in order to place a 6-plex structure on the parcel in question. Because this parcel is in a residential zone, a Conditional Use Permit is required in addition to the Residential Placement Permit. (If the Conditional Use is approved, the Residential Placement Permit would also be approved, containing in that approval any terms and conditions established by the Planning and Zoning Commission regarding the Conditional Use.)

In the Staff Analysis it was pointed out that the property lies in the Area of Impact of Bonners Ferry. Bonners Ferry has submitted a letter which addresses city concerns about being able to provide service, including:

1. an additional upgraded water service
2. water and sewer application would require consent to annexation
3. upgrades to the city sewer collection system
4. applicant subject to the City's Facility Extension Policy
5. preferred access from Walker Lane as opposed to Tamarack Drive

Staff also pointed out that a Special Use Permit issued to Mr. Philbrook in 2005 specifically stated the following terms and conditions: "Two additional parking spaces be developed in addition to those depicted on the site plan, and that no further residential development on this parcel shall be allowed.". Staff pointed out that times change and that issues present in 2005 may or may not be in place today. It is up to the Planning and Zoning Commission to determine the relevant facts concerning this application and decide accordingly. Staff pointed out that while posting the sign on the property announcing the scheduled hearing he could not help but notice that access to the parcel via Walker Lane was prohibitive, because the driveway space would consume a large portion of the available land. In contrast, access from Tamarack Drive provided driveway and parking spaces consistent with the existing layout of one structure (4-plex) plus the newly proposed 6-plex structure, including what appeared to be sufficient space for turnaround maneuvering plus outside parking for perhaps 12 to 14 vehicles. This concluded the Staff Report. Davis asked if there were any questions for Staff regarding the report. There being none, Davis pointed out that in addition to the letter from the City Of Bonners Ferry there is a letter from Katherine Shively Allen, a neighbor, objecting to the request. In addition to objecting to what seems unreasonable regarding the number of people and traffic involved, Ms. Allen also expresses concern regarding any subsequent desire to build on her own property if Mr. Philbrook's request were to max out the water, sewer and electricity available due to his request.

Davis asked if there were anyone present wishing to speak regarding the application for a Conditional Use Permit. Mr. Rick Beck of Beck's Furniture Store wished to comment in favor of the proposal, agreeing the need exists for such housing and stating that many customers of his furniture store asked if there were rentals in the area. Mr. Beck expressed his thanks for being able to share his point of view in support of Mr. Philbrook's request. Mr. Beck left the meeting.

There being nobody from the public but the applicant left to speak, Davis asked Mr. Philbrook if he would like to make a closing statement. Mr. Philbrook said that he is pursuing his request in two courts, County and City. First he needs to get approval from the County but he must also meet with the City regarding his request. He said he appreciated the Planning and Zoning Commission reviewing his application. Chairman Davis thanked Mr. Philbrook and said he may be asked for more specific details if the Planning and Zoning Commission had questions. Davis closed the hearing to public comment and asked the Commission to deliberate.

Ron Self said that obviously the City was in control of what happens here. If they say "no" then what does it matter what the Planning and Zoning Commission says? Davis said that if we think of the request as coming from anyone anywhere in the county, NOT in the Bonners Ferry Area of Impact, would this have a different impact on the considerations being made? Tim Heenan said that was just the point: that the decision should be made based on County residency, not on how close or dependent the applicant is to the City. John Cranor concurred, saying that Mr. Philbrook's issues with the City were not related to the placement of a structure for multiple residences on the parcel; the ordinance allows this consideration in the residential zone.

Rob Woywod questioned the parking spaces available for existing tenants as well as for the new units. His concern related to outside as well as covered parking, since it appeared the existing tenants all parked outside; if one presumed 2 spaces for each unit, which would amount to 20 parking spaces required, and how was this being accommodated? After asking for and receiving permission to get answers from the applicant, Mr. Philbrook responded by saying there were 3 of the four existing tenants having but one vehicle, so the immediate need was for less than 8 parking spaces. However, there are 6 spaces proposed to be covered for each of the six proposed units and the remaining 14 required spaces (outdoors) fits the available space requirements. Purdom stated the space calculations he was able to make in estimating from a Google Earth projection on his laptop confirmed what appeared to be available space. Woywod said the number of spaces was referred to in the previous terms and conditions and was curious as to how things mapped out in the current projection.