Split vote denies vacation request
CHLOE COCHRAN | Hagadone News Network | UPDATED 22 hours, 24 minutes AGO
KOOTENAI — A split vote among Bonner County commissioners has resulted in a denial of a requested easement vacation for a Kootenai subdivision during a land use hearing Sept. 9.
The vacation was requested by Providence Road LLC, seeking to vacate 35 feet of a 60-foot-wide utility and fire access easement on Lot 11 of the Providence subdivision in Kootenai. According to applicants, the request aimed to correct a “mistake” by a prior board of commissioners, who stated that the 60-foot easement would suffice for Road and Bridge’s request for a dedicated right-of-way, instead of an easement.
However, applicants noted that a right-of-way was already provided at the north end of the subdivision and wasn’t necessary at the requested vacation location.
If approved, the easement vacation would allow the applicants to shrink the fire/utility easement so that the applicable lot could be more fully developed. Applicants said they plan to add legal, public pedestrian access to the site.
Commissioners Brian Domke and Ron Korn agreed on most things regarding the file but differed on whether the vacation was in the public’s interest.
Domke said that he was in favor of the proposal, finding that fire access and applicable utility requirements were met. He also noted that public access would be added as a result of the vacation, where the public was unable to utilize the property beforehand.
In opposition, Korn argued that there wasn’t evidence that reducing the road was in the public interest and said the current length of the easement would allow for adequate, two-way emergency traffic. Korn further said the change would add more value to the private lot, increasing it in size, than to the general public.
Because only two commissioners were present during the hearing, a split vote resulted in an automatic denial of the file, and the 60-foot easement will remain in place.
The project site is located between Seven Sisters Drive and Safari Tracker Drive, east of the city of Kootenai, and is part of the Providence subdivision.
ARTICLES BY CHLOE COCHRAN
Split vote denies vacation request
A split vote between Bonner County commissioners has resulted in a denial of a requested easement vacation for a Kootenai subdivision during a land use hearing Sept. 9.
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