The Linscott property is nonconforming land (grandfathered), which cannot be added upon or changed to something different, which would change the neighborhood. Adding a permanent conditional use permit changes the land, again making it illegal.
The Idaho Supreme Court already ruled a cement batch plant could not be added to an aggregate pit that was nonconforming land because it changed the neighborhood. We have proof it was a detriment to the neighborhood in the past when asphalt ran temporarily at the Linscott pit.
Don Banning attempted to explain the nagging mosquito sound — 24 hours a day, but was rudely interrupted by Commissioner Glen Bailey who told Mr. Banning that he was misconstruing the facts. Elise Tuma explained she couldn’t enjoy her summer being outside due to the poisoning smells. Sandy Smith and Corene Jones made evident their breathing problems with severe asthma which were backed by doctors letter, so making the asphalt plant permanent, would be detrimental to their health.
All but one spoke against the asphalt plant move, the one in favor was a Linscott, and many quoted Idaho law and/or the Bonner County comprehensive plan, yet the county commissioners ignored the public and their full array of concerns which included a drop in property values, noise, smells, toxins, water contamination and the change it would be in our lives.
Planning and Zoning and the commissioners should follow the laws and say no, it is illegal.