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South Yaak residents seek zoning district

SCOTT SHINDLEDECKER | Hagadone News Network | UPDATED 1 year, 9 months AGO
by SCOTT SHINDLEDECKER
Hagadone News Network | August 25, 2023 7:00 AM

Some residents in the Lower Yaak are seeking the formation of a zoning district.

The Lincoln County Commissioners are hosting a public hearing on the proposal at 1:30 p.m. Wednesday, Aug. 30 in their meeting room in the county courthouse.

Property owners in the Lower Yaak signed a petition asking for the creation of the zoning district. It is mainly in response to the potential development of two subdivisions - the South Yaak and West Pine Creek properties. Commissioners gave the plats preliminary approval at their April 12 meeting. The development must pass muster with other state agencies before any work can be done.

According to application by property owner and developer Owen Baisden (Investment Foundation, LLC), they sought approval of a residential and commercial 78-acre parcel of land that will have seven single family lots ranging in size from 8 acres to 13.37 acres on the South Yaak. Those lots lie just north of the Yaak River Road.

One other lot, 0.30 acre, lies just south of the byway.

In the West Pine subdivision, five lots are proposed on 37.5 acres with residential commercial designations. Three lots, each about 10 acres in size, sit just north of Yaak River Road. A fourth lot, also north of the road and east of Pine Creek is 5.6 acres. The fifth lot, 1.42 acres, lies just south of the road.

Baisden said in an interview with The Western News that he feels, “Some of my neighbors were left out of the district because they would oppose the zoning.”

The zoning district’s proposed permitted uses would include single-family dwellings, accessory dwelling units, not to exceed one dwelling per legal lot, and accessory buildings, not to exceed two units per legal lot.

Matt Franke, a property owner in the Yaak for several decades, said he realizes there will be growth, but believes the use of a Citizen Initiated Zoning District is a great idea to steer the growth in Lincoln County.

“We don’t want to see commercial development here,” Franke said. “We want to keep it quiet here. We chose to live here because of the peace and quiet and we don’t want to see a lot of junky looking properties popping up.”

Other permitted uses include horticulture and non-commercial livestock. Limitations would include one cow or horse per two acres of land and no more than five pigs or goats per parcel. All livestock would have to be maintained in a fenced area so it wouldn’t wander onto neighboring parcels.

The minimum lot size would be 20 acres and the maximum permitted density would be one dwelling unit per 20 acres. Structures would have to be set back at least 100 feet from side, front and rear adjacent properties and the Highway 508 (Yaak River Road) right-of-way.

Some of the prohibited uses would include commercial and industrial uses, schools or churches, and the discharge of firearms within 150 yards of existing property lines, inhabited structures and any roads, to limit public safety and noise concerns.

Other proposed stipulations in the proposal can be viewed on the county’s Planning Department webpage at https://lincolncountymt.us/planning-homepage/. Click on the tab, “Current projects in review” and select “Zoning District Proposals.”

According to a map of the proposed district, 12 properties would be included. They are adjacent to U.S. Forest Service land and Stimson Lumber Co. property.

Owners include Matt and Toni Franke, Investment Foundation, LLC., Robert Bittner, Brian and Shannon McLaughlin, Jonah Farms, LLC., James and Nancy Hight, Edward Pedersen and two revocable trusts, one each for Leon Brown and Paul Johnson.

Some of them have written and spoken of their concerns for the subdivisions.

According to a public notice from the county Planning Department, the public will be able to offer written or oral comment on the possible creation of the proposed zoning district at next week’s meeting.

County Planner Jesse Haag said for those who cannot make the public hearing, they are asked to submit comments in writing so they can be added to the staff report and meeting minutes of record.

For more information, contact the department at 283-2456 or at lcplanning@libby.org.

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