Bay battle far from over

By BRIAN WALKER

Staff Writer

COEUR d'ALENE — A longtime North Idaho marine contractor has hit a minor snag in his bid to change the zoning on a loading site in Wolf Lodge Bay on the east side of Lake Coeur d'Alene.

Kootenai County hearing examiner Joan Woodard has asked John Condon of North Idaho Maritime to develop a conditional zoning development agreement for her to review before the proposal moves to the county commissioners with a recommendation.

The ruling comes after a May 16 public hearing held by Woodard. It drew 61 comments that were mixed nearly evenly between support and opposition.

Those opposed have environmental concerns and fear the plan would detract from the scenery. Proponents say the proposal would help the business operate on the water as it has for years. They say it's simply a place to offload equipment, not a development.

Woodard's ruling also means there will be two more public hearings on the request to change the zoning from restricted residential to commercial. There will be another one before Woodard and one before the commissioners on dates to be determined.

Planner Rand Wichman, who represents Condon, said he would have preferred that the proposal move straight to the commissioners after last month's hearing for a quicker application process. Wichman said he believes many of the concerns could have been addressed during the next step in the process to obtain a special-notice permit.

"However, the hearing examiner wants to address those at this stage, so if that's what makes the examiner more comfortable with making a favorable recommendation, that's what we'll do," Wichman said. "We would have liked this to move directly to the commissioners, but we'll take this little detour and get back to her."

Wichman said he expects to submit a proposed agreement to the county in about two weeks. He has until Aug. 16 to do so.

"It will put our commitments into an enforceable contract that says what we'll do on the site," he said. "Whether our commitments will address the opposition's concerns remains to be seen. We took their testimony seriously and are working to refine our application."

The site owned by the John and Gaila Condon Living Trust is 107 total acres.

The portion of the parcel for the request is a peninsula north of Highway 97. It’s half an acre, above the ordinary high water mark of the lake. The land is undeveloped; access to the site is from Highway 97.

The Kootenai Environmental Alliance says commercial activity in the bay will upset eagle activity and kokanee spawning as well as hiking at Mineral Ridge, but Idaho Fish and Game believes the proposal would not affect spawning. The Idaho Transportation Department has signed off on the plan.

Some neighbors say the proposal does not fit into the county's comprehensive plan and could set a bad precedent.

"How does spot zoning not encourage a foot in the door for further commercial and industrial type activities in this beautiful area?" Stanley Harrison wrote in a letter to the county.

Wichman said Condon once had used loading sites on area lakes but noted they’ve been swallowed up by development.

"As ownership has changed, he's lost access," Wichman said.

If the zone change is approved, Condon will still have to apply to the Idaho Department of Lands to make changes to the peninsula such as shoring up a bulkhead and using the bay for a business.