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 SEPTEMBER 15, 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 Bonnie Sharp, Senior Planner and Danette O’Donnell, Planner.
PUBLIC HEARINGS
1. JIM CARRIE – MALLARD CREEK SUBDIVISION
Chairman Nettleton asked if the changes they had requested had been met. D.
O’Donnell stated yes. Chairman Nettleton closed the public hearing having no
public comment.
2. JOHN WILSON – CUP for a 4-Lot Letter of Information
John Wilson stated he had a boundary easement agreement drawn up and had
everyone sign with the exception of Karen Sweigert. His attorney gave a legal
opinion regarding this matter. He asks the commission to grant his permit. C.
Hiler asked for background. J. Wilson gave background. C. Hiler asked about
prescriptive easements. Chairman Nettleton stated they cannot approve
applications on prescriptive easements because of legal complications. P. Miller
stated that if the assessor shows that Mrs. Sweigert owns the property, she
could put up a fence. Mr. Wilson’s attorney’s legal opinion is based on what
might prevail in court. He stated basically the court would have to establish
title or they would have the right to argue otherwise, or Mrs. Sweigert would
have to agree. Chairman Nettleton asked if he wanted to continue with the
process because historically they would not approve without firm easement. J.
Wilson stated he would like to wait until this is resolved.
Chairman Nettleton stated they will postpone this application indefinitely until
the matter of easement is resolved either through a court document or formal
agreement.
3. WOLFE – CUP for a 4-Lot Letter of Information
Gary Bermensolo stated he has documentation of paperwork to split this in 1995.
Somehow, Planning and Zoning must have been missed in the process. Chairman
Nettleton asked if he had proof of a public hearing. G. Bermensolo stated he
only has letters from the Highway District and Central District Health, he
assumed every thing was legal.
Ron Stewart owns a parcel in this split. He stated Planning and Zoning knew over
a year ago and did not fix the problem. This has cost him time and money by
holding him up with this house. He stated even the people who built the first
house knew when they got their address.
Chairman Nettleton closed this public hearing having no further public
testimony.
4. JANE JUNGE – CUP for a Group Childcare
Jane Junge gave some background. T. Waite asked if this was in a different
location than her residence. C. Hiler asked about a secure fence. J. Junge
stated there was one there. C. Hiler asked about the parking and turnaround. J.
Junge stated there was plenty of room too turn around, they would not have to
back out. C. Hiler asked how many employees. J. Junge stated 4 employees and
about 20 kids. C. Hiler asked about hours of operation. J. Junge stated she
normally works 6am to 6pm Monday through Friday unless there is a base exercise,
in which case she opens early and stays late and is open on weekends. C. Hiler
asked about her posting a sign. J. Junge stated she will put one on the house.
Chairman Nettleton closed the public hearing having no further testimony from
the public.
5. KENNETH and SHEILA CASPER – AMEND CUP for Private Airstrip
Chairman Nettleton asked about what changes he was going to make. Ken Casper
asked for two changes. He would like to change the condition from owners to
residents, and he would like the set back to be specified from the center of the
runway, current language is confusing. T. Waite asked if they wanted to change
the 80ft overfly restriction, now that they had no neighbors except BLM. K.
Casper stated no they do border the Fergusons. He does not care either way.
Chairman Nettleton closed the public hearing having no further testimony from
the public.
REGULAR MEETING
APPROVE MEETING MINUTES 07/07/04 and 07/21/04
A. Sobtzak motioned to approve minutes for 07/07/04 and 07/21/04 as written. D.
King seconded.
Aye vote was unanimous.
APPROVE MEETING FCOs – Rural Telephone
A. Sobtzak motioned to approve the FCO for Rural Telephone as written.
P Osborn seconded.
Aye vote was unanimous.
NEW BUSINESS
1. JIM CARRIE - MALLARD CREEK – Conditional Use Permit
C. Hiler motioned to approve the Conditional Use Permit, having met the 9
Standards for a Conditional Use Permit as listed in the staff report dated
8/18/04. P. Osborn seconded. Aye vote was unanimous.
2. JIM CARRIE – MALLARD CREEK – Preliminary Plat
C. Hiler motioned to accept the preliminary plat for Mallard Creek as presented
on September 15, 2004. P. Osborn seconded the motion. Aye vote was unanimous.
3. JOHN WILSON – Conditional Use Permit for a 4-Lot Letter of Information
Subdivision
A. Sobtzak motioned to postpone this meeting agenda item indefinitely. D. King
seconded. Aye vote was unanimous.
4. ROBERT WOLFE – Conditional Use Permit for a 4-Lot Letter of Information
Subdivision
A. Sobtzak motioned to approve the conditional use permit and recommend to the
Board of County Commissioners approval of the LOI application. D. King seconded.
Aye vote was unanimous.
5. JANE JUNGE – Conditional Use Permit for a Group Childcare facility
C. Hiler motioned to approve the conditional use permit, having met the 9
standards, with the following conditions: there will be adequate parking and
turn around; all signage shall be placed on the structure without lighting, and
shall comply to all zoning and building regulations; facility will be and shall
remain state licensed and will have all other required permits from outside
agencies; and area shall have secured fencing for safety purposes. A. Sobtzak
seconded. Aye vote was unanimous.
6. KENNETH and SHEILA CASPER – Amend Conditional Use Permit on Private Airstrip
T. Waite motioned to approve the amendment to Conditional Use Permit revising
condition #1: The airpark will remain private for the use of current landowners
and/or residents, or the Conditional Use Permit will have to be amended, and
condition# 4 There will be 125foot setbacks from each side of the center of the
airstrip. P. Osborn seconded. Aye vote was unanimous.
7. JEFF HOLMES – Questions regarding zoning and proposal for car wash in ACZ
Mr. Holmes did not show up.
8. MOUNTAIN HOME AREA OF CITY IMPACT
A. Sobtzak stated the agreement is ready and just needs a motion to send the
agreement to the Board. P. Miller stated he would like some wording clarified.
P. Osborn motioned to forward this to the Board of County Commissioners with
changes. K. Duerig seconded. Aye vote was unanimous.
ITEMS FROM THE PUBLIC none
MEETING ADJOURNED
_____________________________________
Nick Nettleton, Chairman Date
Attest:_________________________________
Bonnie Sharp, Senior Planner Date
