Boundary County Planning and Zoning Commission
Minutes - March 21, 2019
|
|
Attending
|
Names
|
|
Public |
Ron Self, Marcia Cossette, Charles Hatfield, Judy Hatfield, June Dirks, Kenneth Irons, Grant Dirks |
|
Planning & Zoning |
Caleb Davis (Chairman), Tim Heenan, David Hollabaugh, John Cranor, Wade Purdom (Co-Chair), Adam Isaac |
|
Absent |
Scott Fuller, Rob Woywod, Counselor Tevis Hull |
|
Staff |
John Moss |
[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.]
At 6:00PM Chairman Caleb Davis identified the presence of a quorum, opened the Meeting, introduced the Commission members and presented the evening workshop agenda.
Davis asked the Commission if there were any changes or corrections to be made to the Minutes of the February 21, 2019 Meeting. There being none, Davis asked for a motion to approve the February 21 Minutes. Adam Isaac so moved, seconded by Tim Heenan, and there being no further discussion Davis called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Aye, Scott Fuller - Absent, David Hollabaugh - Abstain, Wade Purdom -Aye, Adam Isaac - Aye, Rob Woywod - Absent, Caleb Davis - Aye
Tally: Nay (0), Aye (5), Absent (2), Abstain (1)
The motion to approve the February 21, 2019 Meeting minutes was unanimous.
Chairman Caleb Davis then read the General Procedures script, followed by a Quasi-Judicial script regarding the Conditional Use Application 19-058. No members of the Commission had a conflict of interest and Davis asked the applicant for an opening statement.
June Dirks explained the need for a second residence on her property, saying that although a smaller footprint may mean she would qualify for a smaller residence such as an Accessory Dwelling Unit, the amount of living space would not be sufficient to meet her needs. If construction of a second story or a basement met her living space requirements, she felt she was unable to climb and descend stairs thus making her need a larger footprint.
Davis asked Staff if there was a Staff Report, and Staff said yes, the application for a Conditional Use was because the second house is to be larger than 1050sqft, which is the limit in footprint size for an Accessory Dwelling Unit. He said that he and the applicant had discussed the ADU as an option, one that would not require this hearing, but because of the living space requirements and the difficulty stairs proposed in climbing or going down to the basement, for example, the ADU was not an option. He pointed out that the Zone Ordinance allowed for a second structure on a parcel as a Conditional Use. Citing a previous example where the Planning and Zoning Commission had approved a second dwelling, Staff said thewre was little difference in the request made at that time and this request.
Davis thanked Staff and asked if there were any questions for Staff? There beng none, he asked the public if there was anyone present wishing to speak in favor of the application?
Charles Hatfield questioned if there was a need for another, third residence, could that be done? He expressed concern that once one house was added, there might be another and another... Staff responded by reminding Mr Hatfield that being able to add another residence would require another Conditional Use permit,another public hearing, and that public concerns would be addressed at that time but that the need for more residences was unlikely.
Kenneth Irons said that more housing was a concern for him, too, but that now he understood how this was controlled he appreciated the policy of letting the public know what was happening.Davis thanked Mr Hatfield and Mr Irons and asked if there is anyone presnt who was uncommitted and wishing to speak. There being none, and nobody opposed to the application, Davis asked June Dirks if she wished to make a closing statement? "Nothing more to add", she said, and Davis closed the meeting to public input.
Davis asked for a motion to approve the application for a Conditional Use permit providing a second structure to be placed on the Dirks' parcel.Wade Purdomso moved and the motion was seconded by Tim Heenan. There being no further discussion Davis called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Aye, Scott Fuller - Absent, David Hollabaugh - Aye, Wade Purdom -Aye, Adam Isaac - Aye, Rob Woywod - Absent, Caleb Davis - Aye
Tally: Nay (0), Aye (6), Absent (2), Abstain (0)
The motion approve the application for a Conditional Use permit providing a second structure to be placed on the Dirks' parcel was unanimous. Chairman Davis announced that the hearing was concluded, and thanked the participating public for their contributions.
Davis turned to the Agenda and asked Staff for information he may have gathered regarding nthe definition for a junk yard. Staff replied that he had copied from Wikipedia, and online resource found by Google using the search for 'junk yard definition'. Staff passed around a description taken from Wikipedia, and stated that the definition found there was perhaps OK. Concerning change proposals to the ordinance, Staff suggested that the Commission members review other definitions for junk yards to see how other counties in Idaho (and other states) define junk yards. Staff went on to explain that there is code in the ordinance that was inadvertently missed because the code referenced Section 15 and because Section 15 defines the zones perhaps the specific reference was missed. He pointed out that Section 10.5 which relates to Junkyards (not the definition but actual ordinance code establishing guidelines for junkyards) that this Section 10 referred to Section 15 with regards to a 'non-conforming use'. It is Section 17 that describes the 'Uses of Record' and the reference in Section 10 should be changed accordingly.
Davis asked about the other Agenda item concerning Conditional Use and revoking a permit? Staff pointed out that there seems to be no provision for terminating or voiding a Conditional Use such as might be desired in the event Terms and Conditions relevant to the permit have not been complied with. He said that this section of the ordinance, Section 7, should also be examined in this light. Commission members are urged to research other county practices to compare our with theirs. Transcribed by: John B. Moss
John Cranor moved to adjourn, Tim Heenan seconded, approved unanimously at 7:55 pm.