Commissioners to determine zoning for wedding resort
Alecia Warren | Hagadone News Network | UPDATED 13 years, 8 months AGO
It's a wedding venue in a class of its own.
Literally.
Under court remand, the Kootenai County commissioners have been charged with determining the correct zoning use classification for a rustic state line reception venue.
The impact could stretch beyond this one case, according to Sandy Young with E2 Planning and Design.
"(This has) more to do with every other commercial resort permitted in the county," said Young, representing David and Beth Tysdal.
A district court judge deemed last November that the Tysdals' barn, which the couple owns and operates as a venue for weddings and receptions, was classified incorrectly when the commissioners granted a permit for the business two years ago.
Judge John Mitchell decided that county planning Director Scott Clark was wrong in categorizing the operation as a commercial resort, which a zoning ordinance specifies as including only outdoor areas and activities.
The court has directed the county commissioners to determine the right classification for the structure at 3866 S. Stateline Road, which has primarily indoor activities.
"(The judge) said 'You can't find that it's a lesser form of a use already named,'" Young said.
The issue, which will be discussed tonight by the county Planning Commission, could result in the county finding that the Tysdals' use for their structure is not allowed at all, according to the request for classification.
County laws could also be amended to create a whole new classification, or changed to include the use in an existing classification.
The Tysdals have requested the county amend the zoning ordinance defining commercial use so it would include indoor activities like the receptions in the rural barn.
"It (indoor use) is inherent in the zoning ordinance," Young said, adding that the law lists permitted commercial uses like restaurants and bars.
If the county deems that commercial resorts don't include indoor uses, Young said, it could be detrimental to already existing resorts in the area.
"How could you have a resort without indoor use? There's always some kind of lodge or convenience store," she said. "If the planning commission (tonight) realizes that indoors was never supposed to be part of commercial resorts, you have 25 resorts out of compliance."
The Planning Commission will discuss the nature of the resort tonight, and make a recommendation to the county commissioners.
Neighbors of the Tysdal barn, who have opposed its use as an event venue for years, are still hoping the county forbids the use altogether.
Chief concerns listed in more than 20 letters to the county include noise pollution, increased traffic and impact on water supply.
"The increased noise will disrupt our otherwise peaceful community and make it impossible to sleep with the windows open or enjoy the peace and quiet," neighbor Sherrie Akers wrote in a letter to the county.
The Tysdals have been pursuing a permit through the county since 2007.
After the commissioners granted a conditional use permit in 2009, neighbors of the property formed the Stateline Association for Rural Preservation and appealed the decision, resulting in Mitchell's decision last year.
The Planning Commission will discuss the matter at 6 tonight in meeting room 1 of the county Administration Building.
Young predicted this will be a tough issue for the county to wrestle with.
"I sure hope the Planning Commission looks at the whole picture, not just a specific use like the Tysdals," she said.