Boundary County Planning and Zoning Commission

Boundary County Planning & Zoning Commission
MINUTES
December 16, 2004

Members present: Jim Paulus, Chairman, Tom Hollingsworth, John Kellogg, Doug Reoch, and Rod Barcklay. Members absent: Barry Davis, Jane Kirby, due to illness, and Toby Schnuerle. Staff present: Rae Jeanne Adams.

Chairman Paulus called the meeting to order at 5:45 p.m. Due to scheduling difficulties, the Board commenced their meeting in the gallery of the Main Courtroom. The Minutes of the November 18, 2004, meeting were discussed with a motion by Doug Reoch to waive the reading and to accept as received. Tom Hollingsworth seconded the Motion, and the Motion carried unanimously.

A. Discussion followed regarding gifts of property under the current Boundary County Planning & Zoning Ordinance, Chapter 6: Section 1: A, B, and C. The Bonner County Planning & Zoning Ordinance under this subject was reviewed and discussed at length. The “family exemption” explanation from Bonner County was read and reviewed as follows: A family exemption or “family split” is a division of unplatted land which is made for the purpose of a single gift or sale to the landowner’s spouse, parent, child, sibling, grandparent or grandchild. This means a landowner can give or sell one (1) parcel to one (1) person, one (1) time only, and not have to go through the subdivision process. A “final plat”, which is a recorded map showing the surveyed boundaries of the lots created, is not required. However, if your split will result in a parcel less than five (5) acres, a record of survey is required by Bonner County Ordinance. In addition, parcels created via this exemption that are not retained by the grantees (the receivers of the property) for a period of three (3) years from the date of deed recording are subject to platting standards, such as a public hearing and the recording of a plat. This does not prevent the transfer of a “family split” property, nor does it require that the grantees keep the parcels for three (3) years, but rather that IF they do not keep the parcels, the exemption from platting no longer applies, and the parcels must be platted. If the purpose of the division is to create parcels for sale to third parties, the “family exemption” does not apply and platting is necessary.

The Board read on further from the Bonner County “family exemption” explanation:

To qualify for a “family exemption:”

The landowner shall have owned the subject land for a period of not less than (1) year prior to the gift or sale; and
The landowner has not previously been exempt from platting requirements by a gift or sale of another single parcel to the same person(s); and
The parcel created and any remaining parcel meets the minimum zoning district requirements for the district in which the parcel is located; and
The parcels created conform with the lot design criteria – etc.

The Boundary County Planning & Zoning Commission Board expressed their desire to continue working to a solution regarding the original intent of the 1999 Planning & Zoning Ordinance for this issue. It was suggested by Chairman, Paulus that we present the Board’s concern to John Topp, Civil Counsel, for assistance in proceeding to the necessary revisions to Chapter 6: Certificates of Exemption regarding the Gifts of Property.

B. The Board then discussed the services of Gary Falcon, GIS Technician covering the County Addressing System. Tom Hollingsworth made a Motion to contract Mr. Falcon’s services in assisting with mapping viewpoints, which was seconded by Rod Barcklay. The Motion carried unanimously.

C. John Martling attended the meeting and discussion followed regarding a variance to Mr. Martling’s 56 (+-) acre parcel. Following discussion, John Kellogg made a Motion to recommend to the Boundary County Commissioners, due to a P & Z Administrator error in interpretation, to allow five (5) dwellings to be placed on Assessor Parcel RP60N01W138101A, at Mr. Martling’s choice on a one-time only basis. This Motion was seconded by Doug Reoch and the Motion carried.

D. John O’Connor was present at the meeting to discuss additional questions which he presented regarding the Boards’ intent covering AM 04-01 for the Amendment to the Official Boundary County Zoning Map. Mr. O’Connor questioned the proposal as presented in the local newspapers. It was noted that local journalism and reporter opinions were not necessarily those of the Commissioners. It was also explained to Mr. O’Connor that the Minutes of each Planning & Zoning Board Meeting are published on the Boundary County Web Site under Planning & Zoning. The Board responded again that it was not their intent to mislead the citizens of Boundary County. Doug Reoch explained the meeting was scheduled and published for “Public Comment” with emphasis as a proposal for Public Comment.

E. Board Member Tom Hollingworth’s comment: “Democracy is alive”.

F. Sara Gunnyon was present as an observer and when questioned by the Board as to her thoughts regarding this informal hearing, gave her opinion.

G. OLD BUSINESS: Additional discussion followed regarding the opening on the Boundary County Planning & Zoning Board for a Board member. The current Board is still accepting applications and desires those interested to contact any Board Member or the Resource Planner in the Planning & Zoning Office.

H. There being no further business a Motion was made by Rod Barcklay to adjourn this meeting, which was seconded by Doug Reoch and the meeting closed at 8:20 p.m.