Write you own letters to Asia.williams@bonnercountyid.gov, Brian.domke@bonnercountyid.gov, Ron.korn@bonnercountyid.gov
SIMPLY ASK FOR LINSCOTTS NONCONFORMING TO CONTINUE AND HAVE NO CHANGE!
ALL welcome on July 31st to the workshop regarding the Comprehensive Plan Changes at the County Building at 9am.
We will be presenting the documentation below to show the over expansion of the Linscotts Gravel Pit.
Dear Commissioners,
IMPORTANT: Allowing a land use designation to any nonconforming property would dissolve the nonconforming laws associated with that property. This means losing protections to neighbors, surrounding properties, and local community.
PLEASE SEE THE FOLLOWING PAGES AND DOCUMENTATION OF THE GROWTH AND UNLAWFUL EXPANSION OF THIS GRAVEL PIT.(SEE LINKS)
According to multiple verified and documented sources that will be attached with a link, the Linscott property has significantly expanded—between 250% and 500%—since its original legal nonconforming use began in 1971. This expansion has occurred without acquiring the required Conditional Use Permits (CUPs), in clear violation of Bonner County Code and state law governing nonconforming land use. (see attached links)
Here is a downloadable document which shows Linscott property and their expansion to new parcels and expansion of their nonconforming gravel pit from 1981 to 2020.
Several key concerns which need to be explained and addressed:
No County Permits Issued: There are no CUPs or approvals for the Linscotts gravel pit's expansion since its inception, despite laws mandating that any expansion over 10% requires a CUP, with a 50% cap on total growth. Laws governing nonconforming land in Idaho are clear that purchasing or adding new parcels to nonconforming land is unlawful.
Department of Lands Findings: Below is documentation from Idaho Department of Lands of legal documents and official notices, in chronological order, of the unlawful overgrowth.
Letter dated Dec/2016 Idaho Department of Lands Letter regarding the Linscott property aerial review which revealed inaccurate disturbance of land – not 30 acres as documented by 99.6 acres. Click Here Map of aerial Click Here Even after Frank Linscott LIES and signs documentation 32 acres and not the 100 acres IDL explained to him. 1/2018. Click Here
Idaho Department of Lands official documented evidence of infractions and confronts Linscott with threats of 1.8 million dollars in fines 2/15. Click Here
03/19 C1015-18 - Linscotts ask for Interstate Asphalt to be added to their nonconforming land
Letter to County Commissioners by Attorney Gary Allen explaining nonconforming laws and why unlawful to approve C1015-18 Click Here
Invalid Legal Publication: Notices regarding code changes were misleading and failed to inform the public of the full scope, violating proper procedures for legal notice and due process. County admits unlawful adoption 7/2020 of batch plants in rural, ag, and forest on an active gravel pit. Click Here
3/21 Supreme Court Ruling: The Idaho Supreme Court ruled that adding and asphalt plant is “far from being a separate and distinct use” to a nonconforming gravel pit and agreed “it is difficult to imagine how a factfinder could conclude that the gravel pit is in compliance with the nonconforming use provisions of the BCRC” forcing the County to pay legal fees since “the County acted in a manner that was arbitrary and capricious in refusing to address the gravel pits compliance with the nonconforming provisions of the BCRC” Forces County to pay legal fees “the county acted in a manner that was arbitrary and capricious in refusing to address the gravel pits compliance use provisions of the BCRC. “ Click Here for full document
Since over expansion was a key factor of the Supreme Court Ruling and being nonconforming with legal limits placed on the gravel pit by all nonconforming laws, attempts to change our local land use laws were made. AM011-21 and AM0008-21 Between them both the attempt was to allow expansion of nonconforming land uses, and to allow asphalt plants in nonconforming gravel pits.
Linscotts got very upset and threatened to pull support. Bee Article 9/2020 Click Here
JUNE 2021 Mining Ordinance is withdrawn - LANGUAGE FOUND DURING PRESENTATION BY MILTON - UNLAWFUL UNADOPTED WORDING IN OUR BCRC – Wording added to the BCRC were:
#22. A batch plant shall only locate in an active gravel pit. A batch plant placed in a gravel pit shall be considered a separate, discrete use, and not the increased intensity of a grandfathered use to operate the gravel pit itself.
The wording was similar to proposed changes during workshops for amendments and also similar to the County arguments in the Supreme Court where they claimed the asphalt plant is a separate - distinct use of the gravel pit. Supreme court disagreed and said “far from being a separate and distinct use” pg19. (Go to bottom of page 19 here)
MILTON OLLERTON CLAIMS “staff error” still not sure if more wording from workshop amendments were added since no investigation was completed.
Linscotts have had input on Boards appointed in official capacity. It is illegal and unlawful to participate and comment, or have any influence, on any land use decision - which would benefit a board member or their family which includes writing of a comprehensive plans, land use designation map, or any other document. If proven can void the document or amendment.
April 2022 AM004-21 THE PEAK/LINSCOTT AMENDMENT PRESENTED BY WHISKEY ROCK JEREMY GRIMM
This Unlawful Code Amendments, was adopted despite being recommended for denial by the Planning and Zoning Commission. This amendment attempted to legitimize previously unlawful expansions and reinterpret code to allow growth and expansion to nonconforming gravel pits to their parcel boundaries. Attorney explains why AM004/21 Peak/Linscott amendment is unlawful to expand their nonconforming land use to their parcel lines.
June 23rd Planning Commissioner DENIES APPROVAL OF PEAK/LINSCOTT AMENDMENT and it was in the news.
More information and documents can be found at
Change.org with over 65 updates explaining the stories
Citizens Against Linscott Interstate Asphalt Plant – Sagle, Idaho
NOSAGLEASPHALTPLANT@GMAIL.COM