War Memorial Hall (American Legion) 515 East 2nd South; Mountain Home, ID 83647
Telephone: 208-587-2142 ext 502 or Fax 208-587-2120
MEETING
WEDNESDAY, 7:00 PM JULY 7, 2004
Chairman Nettleton called the meeting to order, and established a quorum. Members of the Elmore County Planning and Zoning Commission present were Chairman Nick Nettleton, Vice-Chairman Al Sobtzak, Patty Osborn, Doug King, Courtney Hiler, Todd Waite and K.C. Duerig. Also present were Attorney of Record Phil Miller and Administrator Mark Russell.
Chairman Nettleton opened the meeting and announced the Commission would address issues from previous meetings first, then hear all new public hearings and public meeting agenda items.
PUBLIC HEARINGS (continued from previous meetings)
1. DONALD & SHIRLEY MACPHERSON
Don MacPherson handed out a map and gave background on his application. He answered questions regarding the road; jurisdiction issue is not resolved. He felt the new letters for the record clarified the concerns with the gas pipeline. There was general discussion regarding proceeding with a vote or not, general consensus was to continue. Chairman Nettleton closed the public hearing as there was no public to testify.
2. ANDREA MARCHANT
Andrea Marchant gave background of application, this hearing was moved up because of the financial burden it would cause her. She stated she was willing to do what ever the Commission would require.
Leonard Hutterman stated he wanted to make sure that this would not affect his rights to do the same.
Chairman Nettleton closed the public hearing as there was no further public testimony.
PUBLIC MEETING (continued from previous meetings)
1. APPROVE PREVIOUS FCOs The Commission voted and unanimously approved to accept the following FCOs: Christa Carothers-Orr, Idaho Power, Luella Polette, Sid Wing LOI#1, Sid Wing LOI#2, Jose Barroso, and Mountain Home Disposal.
2. EXERGY DEVELOPMENT GROUP
Chairman Nettleton stated he felt allowing the use by Conditional Use Permits would protect the concerns with the airbase. P. Miller stated the applicant requested a permitted use or by conditional use, so it would be okay to approve as a conditional use.
A. Sobtzak motioned to approve the ordinance amendment to allow wind generation as a Conditional Use in both Agriculture A and B zones. C. Hiler seconded.
Aye vote was unanimous.
3. ANDREA MARCHANT
Commissioners Hiler, Sobtzak and King all recused themselves because they were not present during the original public hearing.
P. Osborn motioned to approve the Conditional Use Permit and recommend to the Board of County Commissioners for approval, having met all 9 standards and with the condition that a boundary fence be constructed and maintained in a functional manner to keep livestock in or out. T. Waite seconded.
Aye vote was unanimous, motion carried. Commissioners Hiler, Sobtzak, and King rejoined the Commission.
4. DONALD & SHIRLEY MACPHERSON
A. Sobtzak motioned to approve the conditional use permit, having met the nine standards, with the condition that there is an approval from and meeting of any requirement from the jurisdictional entity regarding access prior to conveyance of ownership, and the gas pipeline is notified of any construction on the lot the pipeline crosses, and that the taxes are brought current. P. Osborn seconded. Aye vote was unanimous.
NEW PUBLIC HEARINGS
1. JOHN WILSON Letter of Information Subdivision
John Wilson gave background history of application. When the property surveyed, he found the boundaries and fences were in the wrong area. He is in the process of going to court to keep the access since it has been used for 20 years. The new boundaries put the two houses about 6 feet from the easement. The three houses were built many years ago.
Mike Baird stated he submitted a letter from his lawyer with issues he was concerned with. He showed the commission the easement. His other concerns included the affect on property values and road maintenance. Dust abatement has not worked because of high speed traffic. All the traffic passes by his house. He does have concerns about the easement for lots 1 and 3.
Karen Swaggart stated the property was surveyed years ago and Mr. Wilson knew about the boundaries being in the wrong area. Road is being used as adverse possession, but she pays the taxes on it. She has not made up her mind whether she would sell the property or not.
Ron Still, a VA inspector, stated he inspected the road and it is in good condition, and well maintained though it does need oil for dust control.
John Wilson stated the easement Mr. Baird was concerned with is old and he does not intend to use it. The current easement he uses he would like to upgrade. He was unaware of the previous survey. He asks for the hearing to be continued as long as possible.
Chairman Nettleton stated the public hearing will be left open and rescheduled for September 1, 2004.
2. BILL HEATON Letter of Information Subdivision
Miguel Ramirez representing Mr. Heaton, gave background and stated they would be putting in a 40 culvert. Chairman Nettleton hearing no further public testimony, closed this public hearing.
3. GAYLE HIPWELL Variance
Gerald Hipwell, brother to applicant, stated they would like to put a temporary manufactured home on this property for his mother. There are hook ups and services existing for a second home. A. Sobtzak asked how old the home would be. G. Hipwell stated it is a 1986.
James Tagg stated the was concerned with second homes like this becoming permanent as time goes by. He verified there would not be permanent foundation.
Jane Hodge stated the trailer is already on their property, she asked how long temporary is.
Charles Barnes stated he spoke with Hipwell and has no objections.
Gerald Hipwell stated there would not be a foundation and when the house is not needed he wants it out right away.
Chairman Nettleton hearing no further testimony from the public, closed this public hearing.
4. FERENC EDES Zoning designation change
Ferenc Edes stated he wanted to have his property zoned all the same. The front 660 is commercial, would like the rest to be the same. The buyer of the property could get a CUP for any uses he may wish to have such as an areo-subdivision or other commercial ventures.
Chairman Nettleton hearing no further public testimony, closed the public hearing.
5. REYES LOPEZ Letter of Information
M. Russell gave staff report, applicant was not present.
Chairman Nettleton hearing no public testimony, closed the public hearing.
PUBLIC MEETING NEW BUSINESS
1. JOHN WILSON Letter of Information Subdivision
A. Sobtzak motioned to postpone this agenda item until after the public hearing is closed. C. Hiler seconded. Aye vote was unanimous.
2. BILL HEATON Letter of Information Subdivision
A. Sobtzak asked for clarification on the map. There was general discussion regarding the easement or road and standards to be built to. A. Sobtzak motioned to approve the CUP, having met the 9 standards and recommend to the Board with the conditions that the road meet the requirements of the Rural Fire Department per letter on file dated March 10, 2004 prior to ownership. C. Hiler seconded. Aye vote was unanimous.
3. GAYLE HIPWELL Variance
A. Sobtzak motioned to approve the variance with the following conditions: Fees are brought current; a letter from the applicant will be submitted stating the living unit will be removed from the property when no longer needed; at such time the aging parent ceases to occupy the structure due to abandonment or death, the structure shall be removed within 6 months; no other person shall use the structure as a place of residency after the occupant no longer occupies the structure; and any and all other permits from Central District Health and/or other agencies appropriately involved in the review of the subject change prior to occupancy of the structure that will allow a caregiver to occupy the structure so long as the occupant does. D. King seconded. Aye vote was unanimous.
4. FERENC EDES
K. Duerig motioned to recommend approval of the zoning change to the Board. C. Hiler seconded the motion. Aye vote was unanimous.
5. REYES LOPEZ
A. Sobtzak motioned to approve the Conditional Use Permit having met the 9 standards and recommend application to the Board for approval. D. King seconded. Aye vote was unanimous.
MISCELLANEOUS ITEMS
1. Rocky Mountain Land & Cattle public hearing date set on August 11, 2004 in Glenns Ferry.
2. Amnesty Ordinance review for typos and changes, sent to Legal Council for new draft. Public hearing will be set later.
3. Wade Carpenter review FCOs.
ITEMS FROM THE PUBLIC (none)
MEETING ADJOURNED
_____________________________________
Nick Nettleton, Chairman Date
Attest:_________________________________
Bonnie Sharp, Senior Planner Date
