MEMBERS PRESENT: Reisse Perin, Michelle Barron, Laurie Boston, Kirk Darnell 7:00 P.M.

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1 Page #1 NOTE: AN AUDIO RECORDING OF THE FULL PROCEEDINGS IS AVAILABLE THROUGH THE DEVELOPMENT SERVICES DEPARTMENT. MEMBERS PRESENT: Reisse Perin, Michelle Barron, Laurie Boston, Kirk Darnell MEMBERS ABSENT: Fran Yett OTHERS PRESENT: Planning Director/Administrator - Brad Clark, Deputy Prosecuting Attorney -Tim McNeese 7:00 P.M. 1. CALL TO ORDER: Chairman Perin opened the public hearing at 7:04 p.m. and welcomed everyone. 2. ROLL CALL: Reisse Perin present, Laurie Boston present, Michelle Barron present, Kirk Darnellpresent 3. REVIEW AGENDA: No change to the agenda. PUBLIC HEARINGS 1. A Special Use Permit (#SUP ) by Idaho Power to allow construction of an electric transmission/distribution substation. Located on North Highway 52 in Sweet and wet of Sweet-Ola Highway. T 07N, R 01E, Section 8: No exparte or conflicts of interest were reported. Staff review: Brad Clark presented the PowerPoint slides to the Commission and reviewed the proposed use, conditions and staff report. Applicant/representative testimony: Mike Barrie 1221 W. Idaho, Boise, ID Mike testified on behalf of Idaho Power and the property owner, Rodney and Marcia Herr, giving some history and explanation as to why the site was chosen for the substation and why it is necessary to support their regional grid. He also introduced Chris Cockrell, an electrical planner and engineer with Idaho Power who was available to answer any technical questions. Mike reviewed the proposed conditions in the staff

2 Page #2 report and submitted three (3), 11 x17 paper handouts: two (2) site photos and an enlargement of one of the site plan sheets showing future powerline and utility pole locations. The Commission asked several questions of Mike and staff for clarification on the proposal, including the exact location and its visibility from Hwy 52, driveway location and setback from the state highway, utility pole heights, type of fencing, fire suppression and phasing of construction. Public testimony: In Favor: None. Neutral: None. In Opposition: None. Chairman Perin closed the public hearing. Commission Discussion. The Commission discussed the site specific conditions of approval, the required findings, improvements to the property, and submittal of future phasing plans to the County. They discussed changes to 5 of the 10 draft conditions. Commissioner Barron made a motion to approve Special Use Permit #SUP as it meets the standards as outlined in Chapter 7; Section 7-3 of the Gem County Zoning Ordinance with the site specific conditions of approval recommended in the staff report with the following changes: Condition #5 do not require earthtone slats in the chainlink fence and allow this decision to be made between Idaho Power and the property owner Condition #7 insert the word to after the word prior in the last line Condition #8 add a new requirement that the access gate along Hwy 52 be setback a minimum of 80 feet from the centerline Condition #9 change the maximum tower height permitted to 85 feet Condition #10 add a new requirement that Idaho Power notify the Commission prior to beginning Stages 2 5 and describe the work to be done in each phase. Commissioner Darnell seconded the motion.

3 Page #3 2. A Temporary Hardship Permit (#THP ) by Allen Ward for temporary placement of an RV for himself to live in for medical reasons on property owned by Jayne Irby. Located at 1383 W. 12 th Street, Emmett. T 06N, R 02W, Section 13: No exparte or conflicts of interest were reported. Staff review: Brad Clark presented the PowerPoint slides to the Commission and reviewed the proposed use, conditions and staff report. Applicant/representative testimony: Allen Ward Allen provided background to the need for his application and that he had spoken several times with the Gem County Code Enforcement Officer. He stated the property owner is married to his brother. The fifth wheel is hard-plumbed to a septic tank and he has private domestic water supply. There was a second tenant on the site who no longer resides there; the camp trailer is vacant. Public testimony: In Favor: Carl Irby (1383 W. 12 th St.) and James Peterson (2513 Hanna Ave.) Neutral: None. In Opposition: Betty Riedel & Edward Riedel (1321 W. 12 th St.) and Lynn Finch (1310 W. 12 th St.) Testimony in opposition raised the following concerns with the application: junk and debris on the property that migrates on to adjacent parcels, lack of a 40-foot wide access easement to the Irby s land in the rear, turning the property into an RV park, narrow (substandard) width of driveway, no proof or definition of what a family member is. Applicant/representative rebuttal: Carl Irby Carl testified that the fifth wheel does not impede access to his parcel in the rear. He stated that a flatbed truck has been driven down the driveway for years and it is adequate for emergency services. Allen Ward Allen testified that his fifth wheel is setback from the driveway and does not impede access. He acknowledged that debris and junk was a problem for awhile but he has removed some junk cars and cleaned-up the property.

4 Page #4 Chairman Perin closed the public hearing at 9:15pm. Commission Discussion. The Commission discussed the site specific conditions of approval, the definition of family, improvements to the driveway, the residents of the temporary hardship trailer and other issues raised by the opposition. They asked staff for a definition of impede and Brad stated that the fire chief uses 20 feet free and clear of any obstruction as a standard. The Commission discussed changes to two of the conditions. Commissioner Boston made a motion to approve Temporary Hardship Permit #THP with the site specific conditions of approval, as amended with the following changes: Condition #5 add spouse as a permitted tenant of the hardship RV Condition #6 add a new condition requiring that the entry driveway be a minimum width of 20 feet and free and clear of any encroachments Commissioner Darnell seconded the motion. REGULAR MEETING 1. (CONTINUED) SPECIAL USE PERMIT # REVOCATION HEARING JAY FERGUSON: Brad Clark updated the Commission on actions taken since the April public hearing and confirmed that Idaho Department of Lands received Mr. Ferguson s application for a reclamation plan. He also stated the applicant was out of state and unable to attend the meeting. No representative was present. Upon the advice of Tim McNeese, the Commission chose to not make a decision without the applicant or a representative present and continued the revocation hearing until June 13, ITEMS FROM THE PUBLIC: None. 3. APPROVAL OF THE MINUTES OF APRIL 11, 2011: Commissioner Barron made a motion to approve the minutes as submitted. Commissioner Boston seconded the motion. 4. ITEMS FROM THE PLANNING DIRECTOR/ADMINISTRATOR:

5 Page #5 a. Recent Board of County Commissioners Decisions and Hearings Brad stated that the Board of County Commissioners met on May 3 rd to discuss the draft conditions of approval for the Tony Loucks Special Use Permit Appeal. The Board reviewed the conditions to determine whether they satisfactorily mitigated the potentially negative impacts of the operation. The Board directed staff to prepare a final set of conditions that incorporated their changes. b. Linn Avenue Construction Update No update c. Potential Ordinance Amendments Brad distributed a list of potential ordinance amendments and asked the Commission to review for discussion at the June meeting. 5. ELECTION OF VICE CHAIRMAN: The Commission voted in Kirk Darnell as the new Vice Chairman. 6. ITEMS FROM/OR QUESTIONS FOR THE DEPUTY PROSECUTING ATTORNEY: Commissioner Boston asked Tim McNeese if he had any update on creating standards for revoking Special Use Permits, as discussed at the April meeting. Tim said he had not prepared anything yet but that a workshop to discuss this potential amendment may be a good idea. He noted the importance of having objective criteria in place to protect due process rights of an applicant. 7. ITEMS FROM THE ZONING COMMISSION: a. Discussion/Approval of By-Laws Chairman Perin continued this item to the June meeting b. Commissioner Orientation and Expectations Chairman Perin highlighted the primary responsibilities of the Commission and reminded the commissioners of the Zoning Commission expectations as outlined in Idaho Code, the ordinance and By-Laws.

6 Page #6 8. UPCOMING MEETINGS: a. Next regular meeting: June 13, ADJOURN: Commissioner Boston made a motion to adjourn. Commissioner Darnell seconded the motion. Chairman Perin closed the meeting. Chairman Reisse Perin Date

ROCKY RIVER BOARD OF ZONING & BUILDING APPEALS

ROCKY RIVER BOARD OF ZONING & BUILDING APPEALS INSTRUCTIONS TO APPLICANTS MEETINGS: 2nd Thursday of each month at 7:00 P.M. Council Chambers, First Floor of City Hall. DUE DATE FOR SUBMITTALS: 2 weeks