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Legals June 18, 2019

Bonner County Daily Bee | UPDATED 5 years, 7 months AGO
| June 18, 2019 1:30 AM

Ordinance No. 590 Title 12, Land Use Regulations, Amendment Sections 238, 267 C., 268 D., 268 I., 214 B., 484, 646, 127, and 762. Bonner County Revised Code An Ordinance of Bonner County, Idaho, setting forth its authority; amending Bonner County Revised Code Title 12 (Land Use Regulations), to make the following changes to Sections 238, 267 C., 268 D., 268 I., 214 B., 484, 646, 127, and 762.; Providing for severability, and providing for an effective date. Whereas, Idaho Code, Title 67, Chapter 65, provides for the adoption of land use standards and processes for the purposes of protecting property rights and enhancing property values, together with the purposes of promoting the health, safety, and general welfare of the people and to ensure that the development on land is commensurate with the physical characteristics of the land; and Whereas, The Board of County Commissioners has amended these sections in accordance with Idaho Code 67-6511; and Whereas, Idaho Code 67-6511 provides for the governing board to establish standards to regulate and restrict uses and standards within the varing zone districts in the County; and Whereas, The Planning Department initiated a review of the Title 12, Sections 238, 267 C., 268 D., 268 I., 214 B., 484, 646, 127, and 762. to identify ways to further improve processes and increase clarity in processing of land division applications; and Whereas, the Bonner County Planning and Zoning Commission did hold a public hearing May 16, 2019, on the amendment and did recommend unanimous approval to the Board of County Commissioners; and Whereas, the Bonner County Board of County Commissioners did hold a public hearing on June 12, 2019, on the proposed amendments to Bonner County Revised Code Title 12, providing notice for such hearings as required by Idaho Code, Title 67, Chapter 65. Now, therefore be it ordained by the Board of County Commissioners of Bonner County, Idaho that the following be and is hereby adopted as an ordinance of Bonner County: Section 1: Authority This Ordinance is adopted pursuant to the authority granted at Chapter 65, Title 67, Idaho Code, and pursuant to the procedural requirements contained at Section 67-6509, Idaho Code. Section 2: Amending Bonner County Revised Code Title 12, Sections 238, 267 C., 268 D., 268 I., 214 B., 484, 646, 127, and 762. BCRC 12-238 A. The Director may grant a variance, as an administrative decision, of up to thirty percent (30%) of a modification of the bulk and placement requirements of this title as to lot or parcel size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space size, height of buildings, or other provisions of this title affecting the size or shape of a structure or the placement of a structure upon a lot or parcel, or the size of the lot or parcel. C. The application shall be processed as follows: 1. Application And Administrative Requirements: A site plan and application shall be submitted for review together with all appropriate fees as established by the adopted fee schedule. The burden of proof lies upon the applicant to show whether characteristics of the site conform to the standards in section 12-234 of this subchapter. BCRC 12-267 C. Written statements, plans, drawings and similar materials offered in support of statements at a public hearing are part of the hearing record, and shall be marked with an exhibit number and shall be retained by the county. Written statements shall be submitted to the planning department record no later than seven (7) days prior to the public hearing. Written statements not exceeding one standard letter sized, single spaced page may be submitted at the public hearing. The chair may request the document be read into the record. All written statements shall include the name, signature and address of the person submitting the document. The chair may rule as inadmissible any written document that fails to meet these standards. Nothing contained herein prohibits the chair or governing body from extending the written comment period as provided by this title. BCRC 12-268 D. When the Planning Director has determined the application is complete and in compliance with this title, the Planning Director shall send copies of the application to public agencies and entities that may be affected by the proposal, including, but not limited to, the Health District, fire districts, irrigation or drainage districts, sewer and water districts, school districts, solid waste and transportation agencies and fish and wildlife agencies. The notice shall be sent at least twenty-two (22) days prior to the public hearing. BCRC 12-268 I. When the Governing Body has made a final decision on an application, the Planning Director shall provide notice to applicants of the final decision in writing within five (5) working days of the date of the decision. BCRC 12-214 B. At least twenty-two (22) days prior to the hearing, notice of the time and place of the hearing and a summary of the proposed amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be made available to other papers, radio and television stations serving the jurisdiction for use as a public service announcement. A record of the hearing, the findings made, and actions taken shall be maintained. BCRC 12-484 C. 7. e. The number of off-street parking spaces provided on the property. BCRC 12-646 M. Wetland boundaries and any proposed easements or easements of record for drainage, channels, overhead and underground utility lines, sanitary sewers and water systems within the tract. 12-127: POWER AND DUTIES OF HEARING EXAMINER: A. For any application, the hearing examiner shall provide notice, conduct public meetings, consider applications and render written final decisions based on the standards and procedures provided in this title for the board and commission. The hearing examiner may recommend the commission conduct a public hearing pursuant to the public hearing noticing requirements and procedures of subchapter 2.6 of this title, based upon the extent of public comment or other contested factors in the case which warrant a hearing before the commission. The hearing examiner is authorized to consider the following: 1. Subdivisions 2. Variances; 3. Conditional Use Permits, including Planned Unit Developments and Tier III home occupations. 4. Special Use Permits BCRC 12-762 GEOTECHNICAL ANALYSIS REQUIRED A geotechnical analysis shall be required for proposed building sites, roads, driveways or other development, where any of the following conditions apply: 1. Where the natural slope equals or exceeds thirty percent (30%); 2. Where soils are highly erodible, or where there are scarps, slumps, seeps or other geologic features exist that may be unstable, as determined by the Planning Director, Hearing Examiner, commission or board; 3. Where there is historic knowledge of sloughing, landslides, slumps or other hazardous geological features. Section 3: Severability The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions. Section 4: Effective Date Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 12th day of June, 2019, upon the following roll call vote: Chairman Jeff Connolly: AYE Commissioner Steve Bradshaw AYE Commissioner Dan McDonald: AYE BONNER COUNTY BOARD OF COMMISSIONERS /s/ Jeff Connolly, Chairman /s/ Steve Bradshaw, Commissioner /s/ Dan McDonald, Commissioner ATTEST: Michael W. Rosedale, Clerk /s/ Claire J May By Deputy Clerk: Date: June 12, 2019 SNP LEGAL 6919 AD# 302114 JUNE 18, 2019

NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the Bonner County Planning and Zoning Commission will hold public hearings beginning at 5:30 p.m. on Thursday, July 18, 2019, in the 1st Floor Conference Room of the Bonner County Administration Building, 1500 Highway 2, Sandpoint, Idaho, to consider the following requests: File V0012-19 - Front Yard Setback Variance - Patrick Gavin is requesting a 7-foot front yard setback where a 25-foot setback is required to build a bath house. The project is located off Raven View Drive in Section 17, Township 56 North, Range 1 West, Boise-Meridian. File V0015-19 - Side Yard Setback Variance - Paul & Marie Lund are requesting a 3-foot side yard setback where 5-feet is required, for the upper roof corner/projection. Construction conditions changed causing the roof corner to extend further than anticipated. The project is located off Birch Haven Drive in a portion of Section 2, Township 56 North, Range 2 West, Boise-Meridian, Bonner County, Idaho. Any person needing special accommodations to participate in the public hearing should contact the Bonner County Planning Department at (208) 265-1458 at least 48 hours before the hearing. Written statements exceeding 1 standard letter-sized, single-spaced page must be submitted to the planning department no later than 5 days prior to the public hearing. Written statements longer than the 1 standard page will not be accepted at the public hearing. Comments can be sent to the Bonner County Planning Department at 1500 Highway 2, Suite 208, Sandpoint, Idaho 83864; faxed to (208) 265-1463 or e-mailed to planning@bonnercountyid.govAdditional information is available at the planning department. Staff reports are available at the planning department or may be viewed at www.bonnercountyid.gov 7 days prior to the scheduled hearing. Any affected person as defined by Idaho Code, Title 67, Chapter 65, may present an appeal to the Board of County Commissions from any final decision by the Bonner County Planning and Zoning Commission. (Bonner County Revised Code, Section 12-262) SNP LEGAL 6912 AD# 301275 JUNE 18, 2019

ADVERTISEMENT FOR BIDS Sealed bids will be received by the City Clerk, City of Sandpoint, at City Hall, 1123 Lake Street in Sandpoint, Idaho 83864, until 2:00:00 p.m. local time on Thursday, July 11, 2019 for Downtown Revitalization Phase II. The project can be summarized to include full reconstruction of Cedar Street between Second and First Avenues and full reconstruction of First Avenue between Cedar Street and Church Street in Sandpoint, Idaho. The work is generally described as follows: demolition, temporary shoring, excavation, backfill, grading, asphalt pavement, cast-in-place concrete, trenching and piping, drainage, striping, signage, illumination, plantings, traffic control and other features. Three separate Bid Alternates are included in the Bidding Documents. Proposals will be opened and publicly read at the above hour and date. Plans, specifications, forms and other information are on file for examination at the following locations: 1. City of Sandpoint website: http://www.sandpointidaho.gov/doing-business/bids-and-rfps 2. Spokane Regional Plan Center, 209 N Havana St. (PO Box 2968) Spokane, WA 99202 3. Inland Northwest AGC, Abadan Online Planroom: http://www.abadanplanroom.com/ There will be a Pre-Bid Conference on Thursday, June 27, 2019, beginning at 2:00 pm, prevailing local time, at City Hall, Council Chambers, 1123 Lake Street, Sandpoint, Idaho. Bidders are encouraged to attend. A bid bond in the amount of 5% of the total bid amount, including any additive alternates, is required. A Public Works Contractor License for the State of Idaho is required to bid this work. Disadvantaged Business Enterprises are encouraged to submit bids. Estimated Cost, including additive alternates: $1,500,000 - $3,000,000. Amanda Wilson, Infrastructure & Development Services Manager SNP LEGAL 6921 AD# 302195 JUNE 18, 25, 2019

NOTICE OF APPLICATION Pursuant to Section 58-104(g) and 58-1301, et seq., Idaho Code (The Lake Protection Act) and rules of the State Board of Land Commissioners, notice is hereby given that Daniel McMahon has made application to install 60 linear feet of riprap and to construct a dock on the Clark Fork River. Location: Clark Fork River, Clark Fork, Idaho, in Section 4 Township 55 North, Range 2 East; B.M., in Bonner County. Written objections to or requests for hearing in this matter must be on file with the Idaho Department of Lands, 2550 Highway 2 West, Sandpoint, Idaho 83864 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from Justin Eshelman, Resource Specialist, Sr. on behalf of Navigable Waters Program - at the above address or by calling (208) 263-5104. /S/ TOM FLEER, Area Manager Idaho Department of Lands SNP LEGAL 6924 AD# 302234 JUNE 18, 25 2019

NOTICE OF TRUSTEE'S SALE TS No: ID-18-842765-SW NOTICE IS HEREBY GIVEN that on 10/15/2019, at the hour of 9:00 AM of said day, on the front steps of the main entrance to the Bonner County Courthouse, located at 215 S. 1st Avenue, Sandpoint, ID 83864, said Trustee will sell at public auction to the highest bidder, for cash in lawful money of the United States of America, all payable at the time of sale, the following described real property situated in the County of BONNER, State of Idaho, and described as follows, to-wit: THAT PORTION OF THE NORTH 200 FEET OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 55 NORTH, RANGE 2 WEST, BOISE MERIDIAN, BONNER COUNTY, IDAHO, LYING EAST OF THE PRESENTLY EXISTING ROAD. LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE WESTERLY MEANDER CORNER ON THE NORTH LINE OF SAID SECTION 18, SAID MEANDER CORNER BEING ON THE WESTERLY SHORE OF COCOLALLA LAKE; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION, 300.00 FEET; THENCE SOUTHERLY, ON A LINE PERPENDICULAR TO THE NORTH LINE OF SAID SECTION, 200.00 FEET; THENCE EASTERLY ON A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION, TO THE WESTERLY SHORE OF COCOLALLA LAKE; THENCE NORTHERLY ALONG THE WESTERLY SHORE OF SAID LAKE TO THE POINT OF BEGINNING. The current trustee is Robert W. McDonald, Esq, whose address is 108 1st Ave. South, Suite 202, Seattle, Washington 98104 and who can be reached by telephone at (866) 925-0241. The Trustee has no knowledge of a more particular description of the above-described real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the street address of 2567 COCOLALLA LOOP RD, COCOLALLA, ID 83813-9787 may sometimes be associated with said real property. Said sale will be made, without covenant or warranty regarding title, possession or encumbrances, to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust made and entered into on 3/2/2016, by and among CHRISTOPHER P. OWENS, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY PATRICK E. WRIGLEY, AN UNMARRIED MAN, as Grantor, and FIRST AMERICAN TITLE, as Trustee, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WILLAMETTE VALLEY BANK, ITS SUCCESSORS AND ASSIGNS, as Beneficiary; said Deed of Trust having been filed of record on 3/9/2016, as Instrument No. 886298 Official Records of BONNER County, Idaho. The naming of the above Grantor(s) is done to comply with Idaho Code Sections 45-1506(4)(a); no representation is made as to the responsibility of Grantor(s) for this obligation. The default for which this sale is to be made is: The monthly installment of $2,051.39, which may include principal, interest and escrow, due on 4/1/2018, and all subsequent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/or insurance, trustee's fees, and any attorney fees and court costs arising from or associated with the beneficiaries efforts to protect and preserve its security, all of which must be paid as a condition of reinstatement, including all sums that shall accrue through reinstatement or pay-off. Nothing in this notice shall be construed as a waiver of any fees owing to the Beneficiary under the Deed of Trust pursuant to the terms of the loan documents. The balance due and owing as of the date hereof on the obligation secured by said Deed of Trust is the amount of $403,154.35 in principal; plus accrued interest at the rate of 4.2500 percent per annum from 4/1/2018 adjusting, if at all, pursuant to the terms of the note; plus service charges, late charges, and any other costs or expenses associated with this foreclosure as provided by the Deed of Trust or Deed of Trust Note, or by Idaho law. Dated this 30th day of May, 2019. Robert W. McDonald, Esq, Trustee By: TS No: ID-18-842765-SW IDSPub #0153588 6/4/2019 6/11/2019 6/18/2019 6/25/2019 SNP LEGAL 6899 AD# 298582 JUNE 4, 11, 18, 25, 2019

NOTICE OF TRUSTEE'S SALE T.S. No. 078469-ID Parcel No.: RP55N-06W-258550A On 10/2/2019 at 9:00 AM (recognized local time), ON THE FRONT STEPS OF THE MAIN ENTRANCE TO THE BONNER COUNTY COURTHOUSE, 215 S. 1ST AVENUE, SANDPOINT, ID 83864, in the County of Bonner, SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP as trustee, will sell at public auction, to the highest bidder, for cash, in lawful money of the United States, all payable at the time of sale, the following described real property, situated in the County of Bonner, State of Idaho, and described as follows, to wit: THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF IDAHO, COUNTY OF BONNER, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: THE EAST 660 FEET OF THE WEST 2640 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 25, TOWNSHIP 55 NORTH, RANGE 6 WEST, BOISE MERIDIAN, BONNER COUNTY, IDAHO. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS SET FORTH IN DOCUMENT ENTITLED "PARCEL LAYOUT, ROAD EASEMENT AND PARCEL DESCRIPTION' AS RECORDED JULY 27, 1995 UNDER INSTRUMENT NO. 469133, RECORDS OF BONNER COUNTY IDAHO. The Trustee has no knowledge of a more particular description of the above referenced real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the address of: 355 SHADOW GREEN ROAD, BLANCHARD, IDAHO 83804, is commonly associated with said real property. Said sale will be made without covenant or warranty, express or implied, regarding title, possession or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by KEITH A BOUCHER, A MARRIED MAN AS HIS SOLE AND AND SEPARATE PROPERTY, as Grantor(s), to NORTH IDAHO TITLE, as Trustee, for the benefit and security of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., SOLELY AS NOMINEE FOR PANHANDLE STATE BANK, ITS SUCCESSORS AND ASSIGNS, as Beneficiary, dated 12/7/2006, recorded 12/13/2006, as Instrument No. 719089, , and later modified by a Loan Modification Agreement recorded on 9/19/2012, as Instrument 832619, and later modified by a Loan Modification Agreement recorded on 8/3/2016, as Instrument 892757, official records of Bonner County, Idaho. Please note: The above named Grantors are named to comply with Idaho Code Section 45-1506(4)(a); no representation is made that they are, or are not, presently responsible for the obligation. The default for which this sale is to be made is the failure to make monthly payments when due from 9/1/2018 and all subsequent monthly payments thereafter, including installments of principal, interest, impounds, advances, plus any charges lawfully due under the note secured by the aforementioned Deed of Trust, Deed of Trust and as allowed under Idaho Law. The sum owing on the obligation secured by said Deed of Trust as of 5/17/2019 is $366,900.14 including interest, costs, fees, including trustee and/or attorney fees and costs, and expenses actually incurred in enforcing the obligation thereunder or in this sale and to protect the security associated with the Deed of Trust, as authorized in the Note, Deed of Trust or as allowed under Idaho Law. Because interest, late charges, fees, costs and expenses continue to accrue, the total amount due varies from day to day. Hence, if you pay the amount shown above, an adjustment may be necessary after receipt of funds to satisfy the debt. For further information, write the Trustee at 4375 Jutland Drive, Ste. 200, San Diego, CA 92117, or call (866)931-0036 DATED: 5/17/2019 SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP SNP LEGAL 6887 AD# 295979 MAY 28, JUNE 4, 11, 18, 2019

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