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ORDINANCE NO. 459

| March 9, 2005 8:00 PM

DENNIS AND CINDY PETERSON ZONE CHANGE ZC308-04

AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF BONNER COUNTY BY THE RECLASSIFICATION OF LANDS GENERALLY LOCATED IN SECTION 4, TOWNSHIP 56 NORTH, RANGE 3 WEST FROM SUBURBAN 1/3 TO RURAL, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Bonner County Planning and Zoning Commission did hold a public hearing on January 13, 2005 on the ZC308-04 request for a change in zoning designation according to the requirements for such hearings set forth at Section 67-6509, Idaho Code, and at Title 12, Bonner County Revised Code; and

WHEREAS, the Bonner County Planning and Zoning Commission did find that the zone change request ZC308-04 is in accordance with the Bonner County Comprehensive Plan and did recommend to the Board of County Commissioners that the zone change request be approved; and

WHEREAS, the Board of County Commissioners did hold a public hearing on February 23, 2005 on the ZC308-04 request for a change in zoning designation according to requirements of such hearings set forth at Section 67-6509, Idaho Code and at Title 12 of the Bonner County Revised Code; and

WHEREAS, the Board of County Commissioners did find that the zone change request ZC308-04 is in accordance with the Bonner County Comprehensive Plan;

NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners that the following be and is hereby adopted as an ordinance of Bonner County, Idaho:

SECTION 1: AUTHORITY

This ordinance is adopted pursuant to authority granted to Bonner County at Chapter 65 of Title 67, Idaho Code.

SECTION 2: AMENDING THE OFFICIAL ZONING MAP

The Official Zoning Map of Bonner County, Idaho is hereby amended by the reclassification of the following described lands from Suburban 1/3 to Rural:

That portion of Government Lot 7, Section 4, Township 56 North, Range 3 West, Boise Meridian, Bonner County, Idaho, lying East of the Burlington Northern Railroad right-of-way and being more particularly described as follows:

Beginning at the South quarter corner of said Section 4;Thence North 89° 59' 09" East, along the South line of said Section 4, 112.60 feet to the Easterly right-of-way line of said Burlington Northern Railroad, the True Point of Beginning; thence North 35° 20' 00" East, along said Easterly right-of-way line, 998.39 feet; thence leaving said Easterly right of way line, South 73° 26' 59" East, 518.13 feet to a point on the West bank of the Pend Oreille River; thence along said West bank the following four courses:

1.) South 28° 35' 46" West, 52.57 feet

2.) South 19° 37' 00" West, 363.08 feet

3.) South 42° 42' 15" West, 242.29 feet

4.) South 67° 36'30" West, 264.0 feet to a point on the South line of said Section 4;

thence along said South line South 89° 59'09" West, 518.61 feet to the True Point of Beginning;

SECTION 3: EFFECTIVE DATE

This ordinance shall be in full force and effect upon its passage, approval and publication in one (1) issue of the Bonner County Daily Bee Newspaper, and upon the entry of the above described zoning reclassification upon the Official Zoning Map or a Supplemental Zoning Map in accordance with the provisions set forth at Chapter 4 of Title 12 of the Bonner County Revised Code.

Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this

23rd day of February, 2005 , upon the following roll call vote:

Chairman Marcia L. Phillips: Aye

Commissioner Karl S. Dye: Aye

Commissioner Joe E. Young: Aye

BONNER COUNTY BOARD OF COMMISSIONERS

Marcia L. Phillips, Chairman Karl J. Dye, Commissioner

Joe E. Young, Commissioner

ATTEST:

Kathrynn Feist, Deputy Clerk

Marie Scott, Clerk Date 2\23\05

SNP Legal 5897

March 3, 2005