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Tractor Supply conditional use permit hearing to be redone

by EMILY BONSANT
Staff Writer | March 23, 2023 1:00 AM

Story has been updated due to hearing time change.

BONNERS FERRY — Boundary County commissioners will redo a public hearing to consider the conditional use permit for the proposed site of the coming Tractor Supply Co. store. The hearing will be held April 4 at 2:30 p.m. in order to remedy issues raised by a public appeal regarding adequate public notice for the application.

At the Feb. 28 meeting, commissioners discussed an appeal by Cameron Smith, a neighbor just north of the coming Tractor Supply Co. store.

Smith, told the Herald that he moved to the residence in the fall and had not been informed of the proposed store location. When Planning and Zoning sent notices to surrounding land owners requesting public comment at the October P&Z meeting in October, the mail Smith received was addressed to the former land owners. He did not open the mail due to it not being addressed to him.

“I did not find out about the project until another notice was sent out for an approach variance that was going to be made on Homestead Loop,” he wrote. “One of the variances was within 20 feet of my driveway to allow for semi-truck traffic in and out of the new store.”

Smith received the notice Dec. 29, 2022, and was not able to verify what the meeting was about until Jan. 3.

“Because Road and Bridge would not return my calls, nor would the Zoning Commission,” he wrote. “I attended the meeting that the county commissioners scheduled for the initial public comment as well as sent in a petition that was signed by 20-plus people explaining that they did not want the approach variances to be approved on the basis of safety concerns due to the increased traffic that was going to be on Homestead Loop.”

After the commissioners approved the two road variances for Tractor Supply on Feb. 14, Smith began to inquire how to file an appeal.

Smith told the Herald that when he asked county staff how to submit an appeal he was sent from office to office and couldn’t receive a straightforward answer.

“I was able to look up the information on the county's own website and then find the paperwork as well as the fee schedule for the appeal,” he said. “None of this information was known by any of the staff within the county. This is gross negligence on the county's part, sighting that their own staff does not understand Idaho laws.”

When Smith went to the P&Z office behind the courthouse, the office was closed. He was unable to connect with the Reun Yager office in Sandpoint by phone and, so he drove through the snow only to be told they couldn’t accept his appeal.

Once back at the Boundary County Courthouse to file the appeal, Smith was met by a sheriff’s deputy and Bonners Ferry Police officer.

“I took this as an intimidation, citing [sic] that I had made no threats to any of the staff during this proceeding,” he said. “I am genuinely concerned about the ability for our county commissioner's ability to follow the letter of the law as well as the ability of the supporting staff to conduct themselves in a helpful and lawful manner citing [sic] that no one was familiar with the process, everyone was confused and unhelpful, and then I was strong armed by two armed law enforcement officers.”

Smith told the Herald that he had one swear word over the phone at the Planning and Zoning department, but that he didn’t believe that was grounds for law enforcement to meet him at the courthouse.

County Attorney Tevis Hull said although Smith missed the appeal period for the October P&Z meeting decision, there had been a procedural error with Smith not receiving the notice. He advised the commissioners to reconduct the public hearing for the conditional use permit.

Written comment longer than one page must be submitted to the Planning Office at Box 419, Bonners Ferry, ID 83805 no later than 5 p.m., March 29.