Planning and Zoning – August 28, 2025

Meeting Minutes

ATTENDANCE:

Chair Caleb Davis: ☐Present, ☒Excused, ☐Absent
Co-Chair Wade Purdom: ☒Present, ☐Excused, ☐Absent
Rob Woywod: ☒Present, ☐Excused, ☐Absent
Ron Self: ☐Present, ☒Excused, ☐Absent
John Cranor: ☒Present, ☐Excused, ☐Absent
Adam Isaac: ☒Present, ☐Excused, ☐Absent
Bill Benage: ☒Present, ☐Excused, ☐Absent
Scott Fuller: ☒Present, ☐Excused, ☐Absent

ROLL CALL: Co-Chair Purdom called the meeting to order at 5.32 p.m. Roll call: Commission members’ attendance is noted above. Also in attendance: Associate Planner Tess Vogel and Planning & Zoning Administrator Ben Jones.

CONSENT AGENDA: Commissioner Isaac moved to approve the minutes of June 26, 2025, and Commissioner Woywod seconded the motion. The Co-Chair declared the motion approved on a unanimous voice vote.

PUBLIC HEARING: FILE #25-0051 CONDITIONAL USE PERMIT, HERITAGE FOUNDATION, LLC is requesting a conditional use permit for commercial/light industrial uses within a primary structure exceeding 15,000 square feet to allow for a primary commercial and manufacturing structure of about 39,200 square feet on an 11-acre parcel. The subject site is zoned Commercial/Light Industrial and is located at 510428 Highway 95. Section 15.14.5.1. of the Boundary County Land Use Code requires a conditional use permit for all commercial and light industrial uses with a primary structure exceeding 15,000 square feet in the Commercial/Light Industrial zone. The parcel is identified as Assessor’s Parcel RP62N01E116602A in Section 11, Township 62 North, Range 1 East, B.M.

DISCLOSURES/CONFLICTS OF INTEREST: None

STAFF PRESENTATION: Ms. Vogel explained the hearing procedures and explained to the Commissioners that due to a square footage error and the wording of the legal notice, the Planning and Zoning Commission needs to determine if: 1) application could be considered as revised to show 44,644 square feet and consider adequate notice has been given; 2) continue the file to the next available meeting to allow time for additional notice regarding the increased square footage; 3) open and hear the file and then continue it to the next available hearing date to allow time to provide notice of the increased square footage; 4) or hear the file and condition the permit to require the applicant to obtain conditional use permit approval to complete construction of the second level at a later date.

MOTION: Commissioner Woywod moved, and Commissioner Isaac seconded the motion, to continue the hearing to the regular time for the October 23, 2025, meeting at the Boundary County Annex Building to allow for the re-noticing of the file due to the increase in the total square footage of the proposed building.

The Co-Chair declared the motion approved on a unanimous voice vote.

PUBLIC HEARING: FILE #25-0100, VARIANCE, ERIK BLEVINS is requesting a side yard setback variance of 5 feet, where 25 feet is required, to allow for the continued use of an existing non-conforming accessory structure (garage) on a 2½-acre parcel. The parcel is zoned Agriculture/Forestry, which has a 25-foot minimum setback to all property lines for all structure types per Section 15.9.2. of the Boundary County Land Use Code. The parcel is located at 26 Krogseth Way and identified as Assessor’s Parcel RP60N01W120010A in Section 12, Township 60 North, Range 1 West, B.M.

DISCLOSURES/CONFLICTS OF INTEREST: Commissioner Isaac recused himself because he said he knows Mr. and Mrs. Blevins.

STAFF PRESENTATION: Mr. Jones explained the hearing procedures and provided an overview of the proposal.

APPLICANT PRESENTATION: Mr. Blevins declined to make a presentation.

PUBLIC TESTIMONY: No public testimony was offered.

APPLICANT REBUTTAL: No rebuttal was given by Mr. Blevins.

DELIBERATION/DISCUSSION: The Co-Chair closed the public hearing, and the Commission began deliberations. The Commission members discussed whether there was space elsewhere for the structure and the impacts of the structure on neighbors and utilities.

MOTION: Commissioner Woywod moved, and Commissioner Cranor seconded the motion, to approve the setback variance for a 5-foot setback, File #25-0100, finding that the proposal IS in accord with the standards of Idaho Code and Section 12 of the Boundary County Zoning & Subdivision Ordinance, based upon the findings, conclusions and conditions as written and based upon the reasoned statements as read into the record. This action does not result in a taking of private property.

The Co-Chair declared the motion approved on unanimous voice vote, with Commissioner Isaac recusing himself from the proceedings.

PUBLIC HEARING: FILE #25-0113, CONDITIONAL USE PERMIT, GREG & RACHELLE HYMAS are requesting a conditional use permit for a multi-structure residential use to allow for two additional 1,800 square foot primary dwellings on a 49-acre parcel, where an existing primary dwelling currently exists. The parcel is zoned Rural Residential, which requires a conditional use permit for a multi-structure residential use per Section 15.10.5.3. of the Boundary County Land Use Code. The parcel is located at 307 Heideman Road and is identified as Assessor’s Parcel RP63N01E263300A in Section 26, Township 63 North, Range 1 East, B.M.

DISCLOSURES: None

Commissioner Isaac stated he was re-entering the hearing at 6:06 p.m.

STAFF PRESENTATION: Ms. Vogel explained the hearing procedures and provided an overview of the proposal.

APPLICANT PRESENTATION: Applicant Greg Hymas gave information on the background of the construction of the cabins through to the present. Mr. Hymas described the events as a “misunderstanding” and that any recreational use was modified to respect the neighbors’ concerns. Mr. Hymas also stated he intends to let one of his children live in one of the dwellings long-term, and wants to make the farm work so he doesn’t have to subdivide the land.

PUBLIC TESTIMONY: Jessica Miller spoke in favor of the proposal, stating the applicant does a good job with farming the land and mitigating impact and there being limited options for children to have their own land gifted from family. Rob Barnhold spoke neutrally, stating that the proposal would keep the land together to farm and about being bothered the applicant divided parcels off the land previously and planned to divide more if the proposal isn’t approved. Mr. Barnhold also stated Mr. Hymas’ family were great neighbors and that someone could buy the land later and divide it then. Monique Worley spoke opposed to the proposal, stating that this would set a precedence and would destroy the area’s character.

APPLICANT REBUTTAL: Mr. Hymas stated the parcels divided off were four and he sold three, adding Heideman is a county road. Mr. Hymas also stated he intended to go more into farming, as he is only doing it part time currently. Mr. Hymas mentioned he made sure the design elements of the dwellings were chosen to minimize impact.

DELIBERATION/DISCUSSION: The Co-Chair closed the public hearing, and the Commission began deliberations. The Commission members discussed the possibility of approval setting a precedent, if approval would be seen as lenience toward those who don’t follow the ordinance, and the possibility of approving less than what the applicant is asking for.

Commissioner Cranor exited the meeting at 7:34 p.m. and returned at 7:36 p.m.

MOTION: Commissioner Cranor moved, and Commissioner Woywod seconded the motion, to approve the conditional use permit for a multi-structure residential use to allow for two additional primary single-family dwellings, File #25-0113, 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, conclusions and conditions as written and based upon the reasoned statements as read into the record. This action does not result in a taking of private property.

The Co-Chair declared the motion approved on a 5-0-1 voice vote, with Commissioner Isaac abstaining.

Co-Chair Purdom declared a recess at 7:50 p.m., with the meeting resuming at 7:54 p.m.

PUBLIC HEARING: FILE #25-0098, VARIANCE, KATRINA & JONATHAN WAGNER are requesting a front, side and rear yard setback variance of 0 feet where 25 feet is required to the north, south, and west property lines and 20 feet to the east property lines to allow for the continued use of an existing non-conforming primary dwelling on a 0.14-acre parcel. The parcel is split-zoned Agriculture/Forestry and Industrial. The Agriculture/Forestry zone has a setback distance of 25 feet to all property lines and the Industrial zone has a setback distance of 20 feet to the front property line and 5 feet to the side and rear property lines per Sections 15.9.2. and 15.15.2. of the Boundary County Land Use Code. The parcel is located at 34 Krogseth Way and identified as Assessor’s Parcel RP60N01E065000A in Section 6, Township 60 North, Range 1 East, B.M.

DISCLOSURES/CONFLICTS OF INTEREST: None

STAFF PRESENTATION: Mr. Jones explained the hearing procedures and provided an overview of the proposal.
APPLICANT PRESENTATION: Mr. Wagner declined to make a presentation.

PUBLIC TESTIMONY: Patricia Reveny spoke in favor of the proposal, stating it was common sense, as there is nowhere else to put the residence due to the drop-off.

APPLICANT REBUTTAL: No rebuttal was given by Mr. Wagner.

COMMISSION QUESTIONS FOR APPLICANT: In response to the Commission’s question as to how this happened, Mr. Wagner stated his father-in-law bought the land and dwelling with disability money and did not know it wasn’t permitted, later building the porches without a permit and building within the setbacks because there was no other place to build. In response to the Commission’s question about the applicant wanting to change anything about the dwelling now, applicant stated they didn’t and received a violation letter through the mail and at this point, just wanted to come into compliance.

COMMISSION QUESTIONS FOR STAFF: In response to the Commission’s question on how it was zoned Industrial, Mr. Jones said they couldn’t be sure but it could have something to do with the nearby mill. In response to the Commission’s question on if there were setbacks at the time this construction was going on, Mr. Jones stated yes, and the house wasn’t an issue but the porches were due to conditions of non-living area not being exempt from setbacks.

DELIBERATION/DISCUSSION: The Co-Chair closed the public hearing, and the Commission began deliberations. The Commission members discussed nothing prior to reviewing the standards of review.

MOTION: Commissioner Isaac moved, and Commissioner Cranor seconded the motion, to approve the setback variance to allow for 0-foot setbacks to the front, side, and rear property lines for the subject single-family dwelling, File #25-0098, finding that the proposal IS in accord with the standards of Idaho Code and Section 12 of the Boundary County Zoning & Subdivision Ordinance, based upon the findings, conclusions and conditions as written and based upon the reasoned statements as read into the record. This action does not result in a taking of private property.

The Co-Chair declared the motion approved on a unanimous voice vote.

ANNOUNCEMENTS: Ms. Vogel gave an update on the files for the October 23, 2025, hearing and displayed a list of potential meeting dates for the November/December special meeting. Ms. Vogel also discussed the draft of the proposed bylaws and the plans to update the Land Use Ordinance.

ADJOURNMENT: Co-Chair Purdom declared the meeting adjourned at 8:30 p.m.