Planning and Zoning – March 27, 2025
Meeting Date: March 27, 2025 5:30 pm
Meeting Minutes
P&Z Members in attendance:
☒Caleb Davis, Chair ☒Wade Purdom, Co-Chair ☐David Hollabaugh ☒John Cranor
☒Rob Woywod ☒Scott Fuller ☐Bill Benage
☒Adam Isaac ☒Ron Self
Chair Davis called the meeting to order at 5.30 p.m. Roll call: Commission members present are noted with an “X” in the boxes above. Also in attendance: Acting Zoning Administrator Clare Marley via video conference, Associate Planner Tess Vogel, Planning & Zoning Administrator Ben Jones, and members of the public.
Chair Davis requested a moment of silence for the passing of former Planning and Zoning Commissioner Marciavee Cossette.
Consent Agenda: Commissioner Isaac moved to approve the minutes of February 27, 2025, and Commissioner Woywod seconded the motion. The Chair declared the motion approved on a voice vote of 4-0-1, with Commissioner Self abstaining.
Public Hearing: FILE #25-0041, CONDITIONAL USE PERMIT, JIMMY & BRENDA BALL are requesting approval for a conditional use permit for a multi-structure residential use to allow for a second primary single-family dwelling on a 4.46-acre parcel. The subject site is zoned Rural Residential and located at 228 Shamrock Road. Section 15.10.5.3. of the Boundary County Land Use Code requires a conditional use permit for all multi-structure residential uses in the Rural Residential zone. The parcel is identified as Assessor’s parcel RP62N01E349038A, in Section 34, Township 62 North, Range 01 East, B.M.
Disclosures/Conflicts of Interest: Commissioner Fuller noted he personally knows the applicant and neighbors and recused himself from hearing the file. No other disclosures/conflicts of interest were noted and the Commission still had a quorum.
Staff Presentation: Mr. Jones explained the hearing procedures and provided an overview of the proposal.
Applicant Presentation: Applicant Jimmy Ball provided an overview of his proposal to have two primary single-family dwellings on site instead of the existing primary single-family dwelling and accessory dwelling unit, which is a manufactured home. Mr. Ball noted that he would be fine with there being a condition that only the two primary dwellings would be permitted on site and no other dwelling unit of any kind would be permitted. Mr. Ball also stated that the second primary dwelling is planned for his son to use, not to be used as a rental.
The Commission asked the applicant for confirmation that the proposed dwelling would not be a duplex or boarding home. Mr. Ball confirmed it would only be a single-family dwelling.
Public Testimony: None.
Applicant Rebuttal: None.
Deliberation/Discussion: The Chair closed the public hearing, and the Commission began deliberations. The Commission re-reviewed the comments from the Boundary County Road & Bridge Department, possible amendments to the findings and conditions, and reviewed the standards of the proposal with the file’s applicability to the decision-making worksheet.
Motion: Commissioner Self moved, and Commissioner Heywood seconded the motion, to approve the conditional use permit to allow the construction of a second primary single-family dwelling, file #25-0041, finding that the proposal IS in accord with the standards of Idaho Code and Section 7 of the Boundary County Zoning & Subdivision Ordinance, based upon the findings as written and conditions as amended as read into the record by staff for the addition of conditions #9 and #10 and based upon the reasoned statements read into the record by staff. This action does not result in a taking of private property.
Condition #9: The only residential dwellings permitted on site shall be the two (2) primary single-family dwellings. No other dwelling of any kind, including accessory dwelling units, shall be permitted on site.
Condition #10: Prior to the issuance of this conditional use permit, the applicant shall submit a Boundary County Road & Bridge approach permit. Written approval of the approach permit shall be provided to the Boundary County Planning & Zoning Department prior to the issuance of the conditional use permit. Conditions of the approach permit shall be completed to the satisfaction of the Boundary County Road & Bridge Department.
The Chair declared the motion approved on a unanimous voice vote of those present for the hearing. (Commissioner Fuller had recused himself from the hearing.)
Commissioner Fuller re-entered the Commission meeting for the next public hearing.
Public Hearing: FILE #25-0042, CONDITIONAL USE PERMIT, JOHN & PAMELA MARTLING are requesting approval for a conditional use permit to allow for a 6-unit mobile home park on a 10-acre parcel. The subject site has been approved by Boundary County for a rezone from Agriculture/Forestry to Rural Community/Commercial and is located off Living Stone Lane. Section 15.13.5.7 of the Boundary County Land Use Code requires a conditional use permit for any mobile home park in the Rural Community/Commercial zone. The parcel is identified as Assessor’s Parcel RP60N01W173800A in Section 13, Township 60 North, Range 1 West, B.M.
Disclosures/Conflicts of Interest: None.
Staff Presentation: Ms. Vogel explained the hearing procedures and provided an overview of the proposal.
Applicant Presentation: Applicant’s representative Tom Bushnell, Attorney at Law, P.A., noted the fifth manufactured/mobile home is still on site but has been vacant since the violation was placed on the property. Mr. Bushnell provided an overview of the proposal and with the standards and requirements for a mobile home park. During Mr. Bushnell’s testimony, applicant John Martling submitted exhibit A, the noticing letter and map from zone change file #24-0119 that includes an aerial of the subject site and southern parcel access. Mr. Bushnell submitted exhibit B, a fire mitigation plan signed by the local fire chief.
Mr. Martling spoke and noted that he is attempting to bring the property into compliance and that when load limits are lifted, he will begin work on Living Stone Lane and Glory Road.
Public Testimony: None.
Applicant Rebuttal: None.
Deliberation/Discussion: The Chair closed the public hearing, and the Commission began deliberations. The Commission discussed the fire safety conditions on the property, the conditions of the road access, the rental agreements being sufficient as CC&Rs per staff, and the applicants’ good faith effort to meet all requirements.
Motion: Commissioner Purdom moved, and Commissioner Cranor seconded the motion, to approve the conditional use permit to allow for a 6-unit mobile home park, File #25-0042, finding that the proposal IS in accord with the standards of Idaho Code and Section 7 of the Boundary County Zoning & Subdivision Ordinance, based upon the findings as written and conditions as amended as read into the record by staff for the amendment of condition #8 and the addition of condition #9 and based upon the reasoned statements read into the record by staff. This action does not result in a taking of private property.
Condition #8: The submitted and signed fire mitigation plan shall be adhered to for the life of the conditional use permit. Any changes to said plan shall be submitted to the Boundary County Planning & Zoning Department for review.
Condition #9: Prior to the placement and use of the 5th and 6th dwellings, written confirmation from the Idaho Transportation Department shall be provided to the Boundary County Planning & Zoning Department noting the number of dwellings permitted to use the approach for Glory Road.
The Chair declared the motion approved on a unanimous voice vote.
Updates & Announcements: Ms. Vogel noted the single file scheduled for the April 24, 2025, public hearing and asked if a workshop was desired by the Commission. Chair Davis stated he would like to have draft bylaws brought to the April meeting to review against the existing bylaws in the county code. The Commission noted they would like to start the process of organizing a workshop for future text amendments by having staff bring a list of topics to the April meeting to be ranked as to importance. The topics could then be brought to a meeting in May with the Boundary County Commissioners to determine which text amendments should be focused on first and then hold a workshop at the June meeting.
Adjournment: The Chair declared the meeting adjourned at 7:15 p.m.