P&Z OPINION ACCEPTED
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COMMISSIONERS UPHOLD P&Z RECOMMENDATION 6-9-14 LMS

Lemhi County Commissioners Chairman Bob Cope and Commissioner Rick Snyder have accepted a Planning and Zoning Commission finding in favor of vacating a portion of 17th Street and a platted alley in the vicinity of Cleveland and Bryan avenues. The property is located within the Arlington Heights subdivision.

The vacation request that went through the Joint City/County Planning and Zoning Commission process was requested by Commissioner John Jakovac. At Mondayís commissionerís meeting an official public hearing to review P&Zís recommendation placed Jakovac on the other side of the table. County Attorney Bruce Withers participated in the formal hearing as a legal advisor to make sure the request from an elected official followed proper procedure.

Before the hearing began Withers questioned Snyder and Cope about having had any conversations with Jakovac concerning his vacation request and whether they felt comfortable about making an unbiased decision. Both said they had not discussed the Jakovac vacation and were comfortable about making a decision based on the information presented.

Jakovac outlined the reasons for the request and reported on the Joint Planning and Zoning hearing that had been conducted. He stated that he and one other person spoke in favor of the proposal and that there were no public comments against his request. Bob Blackadar was neither for nor against but did express his opinions concerning a ditch that runs above Cleveland Avenue.

During Mondayís hearing a letter from Blackadar, which constituted a notice of appeal to the P&Z recommendation, was read into the formal record. Blackadar asked the commissioners to reconsider the P&Z recommendation and send the matter back to the Joint City/County P&Z for further review and evaluation. Each of his concerns was individually addressed and answered by the commissioners following Blackadarís letter being read by County Clerk of the Court Terri Morton.

In his description of the property Jakovac said it is outside the city limits and was platted in 1909. He said the property runs from 16th Street up to 17th Street. He said the lots measure 50 feet by 150 feet with Cleveland Avenue providing access to the northern lots, Bryan Avenue supposedly being the access to lots on the south and a 15 foot wide alleyway running through the middle. He said in actuality a ditch with a 1945 water-right prevents access by way of Bryan Avenue. Jakovac provided maps showing steepness of the terrain and all the areas in question as well as current sewer line locations.

Jakovac said he wants to get rid of the old lot lines and the alleyway to create a single dwelling building site of approximately one and a half acres in size.

P&Z Administrator Gary Goodman supplied written documentation of the P&Z hearing process including; hearing notices, adjacent landowner notification postings, aerial photos, a copy of the original Arlington Heights subdivision plat map color coded to indicate the lots in under consideration, newspaper publication dates as well as the P&Z findings of fact and subsequent recommendation.

The hearing was then closed and the two commissioners voted to approve the Joint City/County P&Z recommendation on the grounds the vacation request is appropriate.




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