7:00 P.M. REGULAR MEETING. 1. CALL TO ORDER: Chairman Menlove opened the public meeting at 7:00 p.m. and welcomed everyone.
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1 Page #1 NOTE: AN AUDIO RECORDING OF THE FULL PROCEEDINGS IS AVAILABLE THROUGH THE DEVELOPMENT SERVICES DEPARTMENT. MEMBERS PRESENT: Geoff Neyman, Jason Hill, Don Wilkerson and Robb Menlove. MEMBERS ABSENT: None. OTHERS PRESENT: Planning Director Jennifer Kharrl, Development Services Coordinator Michelle Barron, and Deputy Prosecuting Attorney Tim McNeese, Future Deputy Prosecuting Attorney - Tahja Jensen. 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER: Chairman Menlove opened the public meeting at 7:00 p.m. and welcomed everyone. 2. ROLL CALL: Don Wilkerson present, Geoff Neyman - present, Robb Menlove present, Jason Hill - present. 3. REVIEW AGENDA: Commissioner Neyman made a motion to accept the agenda with changes, Rezone #RZ is postponed otherwise, as written. Commissioner Wilkerson seconded the motion. 4. APPROVAL OF MINUTES November 14, 2016 and November 21, (May 9, 2016, June 21, 2016, September 12, 2016 and October 11, 2016 were not available.): PUBLIC HEARING 1. A Rezone #RZ John and Sherri Perkins A-2 (5 Acre Minimum) to R-3 (2 Acre Minimum) 3820 Frisbee Lane. Postponed until January 9, 2017 meeting.
2 Page #2 2. A Temporary Hardship Permit (THP #16-004) request by Harold L. Spicer 3785 Mill Road. No exparte or conflicts of interest were reported. Don Wilkerson made a site visit. Applicant/representative testimony: Harold L. Spicer 701 Monte Vista, Emmett His father is undergoing cancer treatment, will have a feeding tube, and will need assistance. He has looked over the issues that have been brought up in the letter. He feels that the only issue that is of consequence is the road. He is the only one that brings equipment to help maintain the road. Some of the neighbors have chipped in money to put some road mix on the road on occasion. He wants to put his single wide trailer out back of his father s house, out of the way. He will put in a new septic and use the existing well. There is only the one house, his father s, that draws off of the one well. His Dad has fallen and actually fell out through the bedroom window. He feels he needs to be nearby to help his father when there is an emergency and to help maintain the property. He isn t aware of why the previous application to place another permanent structure on the property didn t happen. He knew that there was a requirement that the road be improved and put in a turn around. He thought paving the road was required. He understands that this temporary permit is for his father and would end when the need has been dismissed. He is aware that the trailer would need to be removed. The rebar and the cones are one of the neighbors up front that is protecting his sprinklers. Public testimony: In Opposition: Janice Cline, 3779 Mill Road, Emmett She has pitched in and bought gravel to help keep the road maintained. There was a man down the road that would use his tractor to fix the road and they helped. There is a 15 foot easement on their side of the road. The side of the Spicer s hasn t provided any land. They would have to get into their property and widen that road. She said they can t take it out of her property, she has already given enough. That road isn t wide enough for people to pass. People stop in the middle of the road and do their business, they don t even use their driveways. She is worried about the water. When Sawyer s was putting in that gravel pit, that family was concerned about their water. This is adding in another family much closer than that gravel pit.
3 Page #3 Susan Heffner, 909 S. Hayes Street, Emmett In 1993, the property that is in question was subdivided for the Winkler s, but was originally split for Lee (Harold L. Spicer) to live in. Then it was sold. She feels that they are getting a second bite of the apple. Janice Cline She was told that the easement is off of her property, not from the other side. There is a family on the other side that has a single wide trailer and they have rented out to someone else and moved into a mobile home. There was a dispute a few years back. The Spicer s wanted to put in a gate to restrict access to their lane. She has had her property surveyed. She wants the road maintained and taken care of. She doesn t want to pay for paving or for a cul-de-sac for turn around. Susan Heffner Her mother needs help to care for her, but she just comes over when she is needed. She got stuck on the road in the snow and ice the other day because of the pot holes in that road. The road isn t wide enough for passing. The man that has the rebar and cones doesn t have sprinklers, he just doesn t want to have anyone drive on his side of the road. She doesn t think the Spicer s need to live there to help his father, she drives over for her mother. He isn t a caregiver or RN. She doesn t feel that a firetruck would be able to go down that road. There has been an ambulance down there, but they had to maneuver to get the ambulance out. No turn around. Her mother has had the inspector called on her multiple times for no reason. Her mom says that they can t get newspapers or garbage service, etc. She said her mom saw Mr. Spicer drag his large trash can down to Mill Road by himself. She doesn t feel he needs help if he could do this. She wants water studies done, she wants the road fixed if this is going to happen. She knows that the trailer would be there forever. She knows someone in Gem County that their mother died a long time ago and the trailer is still there. In Favor: Juanita Bilboa, 3801 Mill Road, Emmett Has lived there since The people that have an RV, it is just parked, not being lived in. The RV doesn t run, it s just sitting there. She feels that the trailer house will not be there long, she knows cancer patients and doesn t feel that it will be there long. She doesn t see a problem with have more traffic, she feels it would be worse if they had to travel in at 2 am to help out. She is in full support of this Hardship Permit. Neutral: None
4 Page #4 Rebuttal: Harold L. Spicer: He wants to work this out with the Clines. He will take care of the road. His boss was present and agreed that he could use the equipment necessary to maintain the road. He would like to be more neighborly, looking out for each other, instead of calling someone to report things. He understands that there has been contentions between the two families since the 80 s. He said if they would just communicate with him if they feel the road needs to be worked on, he would do it. Commission Discussion. Commission discussed the previous rezone and variance application for this property, septic questions, rebar cones in the driveway, road easement and who owns it, approval of fire department for road, and conditions of approval. Commissioners went through conditions 1 10 on page 4 of the Staff Report. Read through and agreed that all 10 conditions are good. Comissioner Wilkerson would like to add a condition number 11 that states no new well will be drilled for the temporary use. Chairman Menlove closed the Public Hearing. Commissioner Hill Made a motion to approve THP with the Conditions and the addition of number 11. Commissioner Neyman seconded the motion. REGULAR MEETING 1. ITEMS FROM THE PUBLIC: 2. ITEMS FROM/OR QUESTIONS FOR THE PLANNING DIRECTOR: a. Welcome to the Commission Jason Hill. b. Time off for surgery. 3. ITEMS FROM/OR QUESTIONS FOR THE DEPUTY PROSECUTING ATTORNEY: We have received an appeal on the Idaho Rock Products.
5 Page #5 4. ITEMS FROM THE ZONING COMMISSION: a. What is on the schedule for next month? b. What is happening with the Retirement Split? c. Change the next meeting to Tuesday, January 10, UPCOMING MEETINGS: a. Next regular meeting: January 10, ADJOURN: Commissioner Wilkerson made a motion to adjourn. Commissioner Neyman seconded the motion. Chairman Menlove closed the meeting at 8:28 p.m. Chairman Menlove
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