SANDPOINT — Due to packed calendars and limited staffing, an appeal for a conditional use permit in Spirit Lake has been postponed until mid-November after Bonner County commissioners ran out of time Thursday, Aug. 20, to hear the file.  

During a Feb. 26 hearing, zoning commissioners unanimously denied a proposed public utility facility that would accommodate the expansion of Spirit Lake’s wastewater treatment plant, finding that the expansion conflicted with policies of the county’s Comprehensive Plan. Commissioners based their denial on the decline in property values for properties surrounding the applicable area if the CUP had been approved, citing a 20-30% decline.  

“Approval of this request will cause value to decline in Bonner County and help increase property values in Kootenai County in both the short and long term,” commissioners said. “A long-term consequence is losing jurisdictional control of the property. Quality of life will decrease because people will have to visit doctors more frequently, as stated in public testimony.” 

The property with the proposed expansion is in Bonner County, with the expansion being utilized by Spirit Lake, a city in Kootenai County.  

Appellants of the file, the city of Spirit Lake, argue that the unanimous denial of the file was not supported by substantial evidence on the record, and that the decision was in violation of constitutional or statutory provisions.  

The city contended that a zoning commissioner used a computer to look up financial impacts of property value near the sewer treatment plant during deliberation of the file, using this information to make a decision.  

“The record demonstrated that this ‘study’ was introduced after the close of public testimony and after the evidentiary record had been established,” Spirit Lake officials said in their appeal. “The commission deliberated extensively on property value impacts without identifying supporting evidence in the record. Staff explicitly advised the commission that such evidence was required. Only after that point did a commissioner independently locate and introduce a study during deliberations.” 

Appellants argue that obtaining information outside the hearing process deprived the applicant of an opportunity to speak on the matter, a process that they said is fundamental in the hearing process.  

County commissioners will hear the appeal Nov. 19. At the time of publishing, the file will be closed to additional public testimony and comments.  

According to the application, applicants are seeking to utilize approximately 158 acres of land near the intersection of Spirit Lake Cutoff and Highway 41. The applicable property is located in Spirit Lake’s area of impact.