Boundary County Planning & Zoning Commission
MINUTES
January 20, 2005

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

Presiding Chairman Toby Schnuerle called the meeting to order at 5:30 p.m.

A Video entitled “A Guide to Growth Management” regarding P & Z procedures was given by Staff and after the 10 minute video, the public hearing continued.

Toby Schnuerle who first read the conduct of public hearings procedure as outlined in the 10-minute video opened the public hearing.

First hearing: SUP 04-09 by CYNTHIA M. RYAN, applicant for a Special Use Permit seeking to establish a permanent child day care center in her residence. Mrs. Ryan gave her overview regarding the number of children to be in attendance, anticipated growth, and well as explaining she was State Licensed, including being a CPR.

The hearing was open for public testimony with no one speaking in favor, neutral, and opposed.
Applicant chose not to give a closing statement.

Tom Hollingsworth made a motion to approve the application. Rod Barcklay seconded the motion, and the motion passed unanimously.

Second hearing: AM 04-02 by MINDEN WATER WELLS, INC., Ed Minden, applicant for an Amendment to Zoning Map from residential to rural community/commercial. Mr. Minden testified he desired to make this application earlier but was advised by past Resource Planner, Mike Weland to wait until the decision regarding the commercial corridor was complete. Board Member Doug Reoch questioned Mr. Minden regarding the existing building on the subject property. Mr. Minden indicated the building was to service his business equipment. Board Member Hollingsworth indicated concern for adjoining property owners that subject property might be an eye sore. Board Member Doug Reoch stated all property owners had been so notified. Mr. Minden further testified he could continue with his business and shop without a commercial zone but was applying for the zone change to commercial to avoid conflict in the future. He went on to indicate the area already had a gravel pit adjacent to the subject property.

A. The hearing was open for public testimony with no one speaking in favor.

B. Don Jordan testified he was opposed to the blanket zoning held in earlier hearings but in this case, the subject area would make sense to zone commercial because of the setting.

C. Board Member Barcklay questioned Mr. Minden if he would consider doing a Special Use Permit for this business. Mr. Minden indicated he would prefer the commercial zoning, as there have been problems in the past for business owners. The point stressed by Mr. Barcklay as to the Boards’ hesitation is other communities that have had the commercial corridors interpretation was interference with adjoining residential owners. Concern for the current Board expressed as once an area is zoned commercial; it will remain commercial after a potential sale in the future.

D. Board Member Hollingsworth indicated the Board also addresses the environment concern and the desire if zoned commercial, that the current owner would maintain the property in a clean and presentable appearance so that our community would remain in a good viewpoint.

E. Board Member Jane Kirby indicated loggers have shops at their residences with additional thoughts given by Board members Schnuerle and Davis that subject property is ideal for commercial with the belief that the access as granted by the Idaho Transportation Department was believed to be limited.

F. Board Member Schnuerle gave comment regarding building homes in the area and the whole Boards’ concern regarding the aesthetics.

G. There was no testimony in opposition to this application with no closing statement by applicant.

H. Jane Kirby called for a motion. Barry Davis made the motion to approve which was seconded by Jane Kirby. The motion passed unanimously with one contingency by Board Member Rod Barcklay that all public agencies would be contacted.

Third hearing – AM 04-03 by JOHN MINDEN and BECKI MINDEN with John Minden testifying on the same scenario as his father, Ed Minden, dba MINDEN WATER WELLS and that the family was looking to the future to keep adjacent properties together in the water well business.

A. The hearing was open for public testimony with Ed Minden speaking in favor.

B. Again, Don Jordan spoke without opposition with general questions regarding the number of acres and the ownership of the properties.

C. No one spoke in opposition.

D. Applicant chose not to give a closing statement.

E. Discussion then followed with Board Member Barcklay indicating no objection because subject property was in between gravel pits. Applicant was questioned on a similar subject as applicant’s plan to maintain the site in a tidy and clean fashion, and it was indicated by applicant that the well drilling pipe and supplies would be stored in the maintenance building on site. Concern again by the Board would be future thoughts if the commercial property was to be sold, as it is Board’s desire to safeguard the whole community.

F. Board Members Hollingsworth, Schnuerle, and Davis agreed to be positive about the location as being a perfect spot for commercial.

G. Board Member Davis stated the site was good because of highway access versus commercial sites established on county roads and then subject business facing spring breakup time and not being able to use the county road.

H. Jane Kirby made the motion to approve which was seconded by Barry Davis. The motion passed unanimously.

The Planning and Zoning Board accepted January Minutes as mailed and received.

Old/New Business: The Board interviewed Trevelyn Shepherd as a prospective candidate for the opening vacated by Mrs. Luedtke’s death. A recommendation then followed that Mrs. Shepherd be recognized as interviewed and accepted by this Board and that the Boundary County Commissioners likewise interview and accept.

The Public Hearing closed at 7:30 p.m.