COMMISSIONERS
MINUTES February
10, 2010
The Elmore County Commissioners met in special session at 2:30 p.m. in the
Commissioners Room, basement of the Elmore County Courthouse, 150 South 4th
East, Mountain Home, Idaho.
Present at the meeting were Chairperson Connie Cruser, Commissioners Arlie Shaw
and Larry Rose. Also present was Civil Attorney Buzz Grant and Deputy Clerk
Barbara Steele.
Motion by Cruser, second by Shaw, to go into Executive Session pursuant to I.C.
67-2345(c) to discuss the possible purchase of property. Roll call vote was
taken.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of the Executive Session.
The public hearing was held on an appeal from Casa Del Norte LOI-2009-12 (John
McCallum) on a decision by the Elmore County Planning and Zoning Commission to
deny an application for a Conditional Use Permit for a 4-Lot Letter of
Information in an Agriculture Zone. The site is located in Township 4 South,
Range 9 East, Section 8, Southeast ¼ of the Southeast ¼, B.M. A common way of
locating this property, travel to the intersection of Ryegrass Road with Ross
Road, then east 2 ¼ miles on Ryegrass Cutoff Road, land is on the north side of
the road;
An appeal from Casa Del Norte LOI-2009-13 (John McCallum) on a decision by the
Elmore County Planning and Zoning Commission to deny an application for a
Conditional Use Permit for a 4-Lot Letter of Information in an Agriculture Zone.
The site is located in Township 4 South, Range 9 East, Section 10, Southwest ¼
of the Northeast ¼, B.M. A common way of locating this property, travel on
Walker Road to the intersection with Ryegrass Cutoff Road, land is in the
northwest quadrant of the intersection;
An appeal from Casa Del Norte LOI-2009-14 (John McCallum) on a decision by the
Elmore County Planning and Zoning Commission to deny an application for a
Conditional Use Permit for a 4-Lot Letter of Information in an Agriculture Zone.
The site is located in Township 4 South, Range 9 East, Section 9, Northeast ¼ of
the Northeast ¼, B.M. A common way of locating this property, travel on Walker
Road to the intersection with Ryegrass Cutoff Road, then back ¾ mile south, land
is on the north side of the road;
An appeal from Casa Del Norte LOI-2009-15 (John McCallum) on a decision by the
Elmore County Planning and Zoning Commission to deny an application for a
Conditional Use Permit for a 3-Lot Letter of Information in an Agriculture Zone.
The site is located in Township 4 South, Range 9 East, Section 15, Northeast ¼
of the Northwest ¼, B.M. A common way of locating this property, travel on
Walker Road to the intersection with Ryegrass Cutoff Road, then back ¾ mile
south, land is on the west side of the road;
An appeal from Casa Del Norte LOI-2009-17 (John McCallum) on a decision by the
Elmore County Planning and Zoning Commission to deny an application for a
Conditional Use Permit for a 4-Lot Letter of Information in an Agriculture Zone.
The site is located in Township 4 South, Range 9 East, Section 10, Southeast ¼
of the Northwest ¼, B.M. A common way of locating this property, travel on
Walker Road to the intersection with Ryegrass Cutoff Road, then ½ mile west,
land is on the south side of the road and;
An appeal from Casa Del Norte LOI-2009-18 (John McCallum) on a decision by the
Elmore County Planning and Zoning Commission to deny an application for a
Conditional Use Permit for a 4-Lot Letter of Information in an Agriculture Zone.
The site is located in Township 4 South, Range 9 East, Section 10, Northwest ¼
of the Northwest ¼, B.M. A common way of locating this property, travel on
Walker Road to the intersection with Ryegrass Cutoff Road, then ½ mile west,
land is on the north side of the road.
Present at the public hearing were Chairperson Connie Cruser, Commissioners
Arlie Shaw and Larry Rose. Also present were Civil Attorney Buzz and Deputy
Clerk Barbara Steele.
Beth Westerwelle, Growth and Development Planner 1, submitted a Staff Report to
the Commissioners, which she read into the record.
Discussion followed between Civil Attorney Grant and Ms. Westerwelle regarding
the natural break lots.
Joann Butler, Spink Butler Attorneys at Law, representing the applicant, spoke
representing the applicant. Ms. Butler stated information was submitted to the
Commissioners today regarding the appeals. These applications are for splitting
land. The applications are not a change to the land use of the property. Ms.
Butler reviewed the state and county codes regarding subdivisions. Findings from
the Planning and Zoning Commission were reviewed which included urban sprawl and
loss or damage to a scenic feature, which would be the Oregon Trail.
Archeologists were hired, a report was submitted, and the Oregon Trail was not
located on any of these properties.
Gordon Sorenson, Engineer/Surveyor, spoke representing the applicant. Mr.
Sorenson referenced the natural splits as referenced in the 1994 Ordinance and
submitted a copy of the page out of the 1994 ordinance referencing the division
of an original lot of record. Mr. Sorenson stated the nine standards were met.
John McCallum, applicant, appeared and showed the Commissioners a map of the
property and where other LOI’s have been approved. Mr. McCallum stated windmills
have already been approved in the area. The map was reviewed and discussed.
Hethe Clark, Spink Butler Attorneys at Law, representing the applicant, appeared
and discussed the Archeologists findings. Mr. Clark also stated that the
Planning and Zoning Commission found that the property would be adequately
serviced by public services, there was no impact on traffic, and would not be
detrimental to the economic welfare.
The administrative lot splits were discussed.
Discussion followed on previous LOI’s that were approved with CUP’s (Conditional
Use Permits).
Alan Christy, Growth and Development Director came forward and natural breaks
were discussed. Mr. Christy stated the Planning and Zoning Commission has the
final say in these matters, the staff recommendation is just that.
JoAnn Butler and Gordon Sorenson appeared to rebut testimony. Clarification of
the approval process of an LOI was discussed. Ms. Butler asked for the
deliberation to be on the record and for a reason if the decision is a denial.
Mr. Sorenson clarified a statement he had made earlier in the hearing regarding
the surveys.
The public hearing was closed and the matter will be taken under advisement.
A small recess was taken.
The public hearing was called to order on an appeal from Ark Properties LLC
LOI-2009-16 (John McCallum) on a decision by the Elmore County Planning and
Zoning Commission to deny an application for a Conditional Use Permit for a
4-Lot Letter of Information in an Agriculture Zone. The site is located in
Township 5 South, Range 9 East, Section 5, Northwest ¼ of the Southeast ¼, B.M.
A common way of locating this property is from the intersection of Hammett Road
and Old Oregon Trail, travel ¼ mile east on Old Oregon Road to the end of the
property.
Present at the public hearing were Chairperson Connie Cruser, Commissioners
Arlie Shaw and Larry Rose. Also present were Civil Attorney Buzz and Deputy
Clerk Barbara Steele.
Beth Westerwelle, Growth and Development Planner 1, read the Staff Report into
the record and provided the Commissioners with a copy.
JoAnn Butler, Spink Butler Attorneys at Law, appeared representing the applicant
and asked that the Commissioners incorporate the testimony that was provided
from the previous appeals (LOI-2009-12, 13, 14, 15, 17 & 18) into this record.
And would also like this testimony to be incorporated into the previous public
hearing. Ms. Butler stated there was a conflict in the staff report and would
like to send a short letter to explain the conflict.
John McCallum, applicant, appeared and gave brief testimony regarding the lot
split.
Gordon Sorenson, Engineer/Surveyor, representing the applicant, stated the
natural split does not apply to this LOI. There are four houses next to this
property.
Alan Christy, Growth and Development Director, reference the Planning and Zoning
Commissions vote on this LOI.
Civil Attorney Grant asked Ms. Butler about her request to submit additional
information. Discussion followed and the record would have to remain open and
re-noticed for the continuation of hearing to allow additional information. Ms.
Butler stated that would not be necessary and that the public hearing can be
closed.
Civil Attorney Grant discussed possible conditions that could be placed on the
LOI’s if they are approved.
The public hearing was closed and the matter will be taken under advisement
Motion by Shaw, second by Cruser, to adjourn.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
/S/ CONNIE CRUSER, Chairperson
ATTEST: /S/ MARSA PLUMMER, Clerk
