Be advised:
Hearing was changed to June 23rd, 1:30pm
The applicant requested this change and no notice will be given publicly but I was at the office and noticed the change.
No new notice will be given since they are changing it at the public hearing.
Also PLEASE WRITE YOUR LETTERS TO:
PLANNING@BONNERCOUNTYID.GOV
dan.mcdonald@bonnercountyid.gov
Steven.bradshaw@bonnercountyid.gov
Jeff.connolly@bonnercountyid.gov
They will be part of the permanent record!
Here are a few things that could be mentioned
* Public notice says one thing but many things brought up at the planning hearing was NOT in the public notice so the general public doesn’t understand what they are changing
*Gravel is a private industry and is not part of the eminent domain laws and should not be included as such
* Most gravel pits have already gotten their conditional use permit, and those nonconforming should also get them say grow beyond from 1981, not from 2008.
* We should not give amnesty to those who started a gravel pit since 1981 and did not follow the law and get a conditional use permit. All other businesses that are not legal in zoning are required too, which should surface mines get a pass?
* If they allow the nonconforming date to change by allowing this amendment, it’s setting a precedent of changing the nonconforming land use dates again in the future.
*When zoning changes, nonconforming land use happens, which can continue as long as it is expanded or enlarged upon, this amendment would allow this nonconforiming use to expand, going against our code.
*Conditional use permits should be required of all gravel pits as our Bonner County Revised Code reads now, as the law has to be uniform. If CUPs are required for new ones, then nonconforming ones, which have grown beyond 10% should also require them.
*Conditional use permits are to protect everyone including natural resources such as water. CUPs can require water testing, or requiring operation of pits to stay a distance away from the aquifer. These type conditions are important to protect our water. It especially important with surface mines. They dig deep from 30 to 150 feet deep, and every layer removed is a layer gone from filtering any contamination. (as per DEQ website)
* At least 35 gravel pits have conditional use permits in Bonner County, why should a few that decided against following the Bonner County Revised Plan get to change it so they don't have too?
* An unlawful amendment is always unlawful and any CUP, amendment or change, that depends on an unlawful amendment can be challenged ANYTIME int he future, and anything dependent on the amendend is void as well.
* The only attorney in speaking on this amendment which specializes in land use is Gary Allen, and he says it’s unlawful. (Linscott attorney is not a land use attorney and neither is the planner presenting the amendment)
* Lawsuits are costing Bonner County double because we have to pay to sue due to the county not following the law, then we also have to pay our taxes which pays for the attorney to defend the county when they break the laws
* Supreme Court already ruled by our current code the Linscott pit has outgrown its nonconforming land use laws and DID think gravel pits ARE part of our nonconforming land use laws and said:
"...the County acted in a manner that was arbitrary and capricious in refusing to address the gravel pit's compliance with the nonconforming use provisions of BCRC. (Bonner County Revised Code). We award CAL(Citizens Against Lincott) costs and reasonable attorney's fees on appeal."
Also it continued elsewhere in the document decision letter:
"..it is difficult to imagine how a fact-finder could conclude the the gravel pit is in compliance with the nonconforming use provisions of Bonner County Revised Code."
To see the whole decision made by the Supreme Court click here.
* This amendment is not lawful, only benefits a few gravel pit owners, and is not in the best interest of the county as a whole, the neighbors of gravel pits, or the community.
Questions or comments:
nosagleasphaltplant@gmail.com
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