BOCC denies P&Z appeal
This campground and RV park, located on the banks of the South Fork of the Coeur d'Alene River near it's confluence has been subject of much debate recently — however, a recent appeal to have the park's permit reconsidered has been denied by the Shoshone County Commissioners.
Photo by JOSH McDONALD
WALLACE — After a week of deliberation, the Shoshone Board of County Commissioners (BOCC) decided to deny an appeal stemming from a 2020 County Planning and Zoning ruling.
The appeal was heard last week at the Shoshone County Courthouse when resident Dawn Wiksten attempted to appeal P&Z’s decision to grant a conditional use permit (CUP) to Erica Kerr for an RV park that was opened up last year on a piece of property just south of the Snake Pit, near the confluence of the North and South Forks of the Coeur d’Alene River.
The CUP was issued in July 2020 after Kerr met the necessary requirements from P&Z administrator Dan Martinsen.
Wiksten’s appeal was based upon several issues that she had with the site of the RV park itself, centering on sanitary and environmental concerns relating to the septic system that would be utilized at the site — as well as previously not-discussed levels of toxic heavy metals (lead, arsenic, and others related to mine waste) in the soil.
Wiksten, along with her attorney Scott Poorman, mentioned to the BOCC that they believed the site lacked necessary signage requirements to notify the public and any occupants or visitors to the premises of its contamination status; as well as language in the lease agreement with any occupants that specifically would notify them of the potential for contamination and advise them of the risks associated with the contamination.
Mary Rehnborg with the Panhandle Health District was at the hearing and informed the court that based upon her personal knowledge, the Kerr's had been working with Panhandle Health since the granting of their conditional use permit, had designed signage for the purpose of notice, and the Kerr's had already picked up the signage for use at the property.
Poorman mentioned Wiksten’s desire was not to have the BOCC overturn the decision, but that they require P&Z to re-hear the initial request for the CUP — and have it include information that Wiksten had deemed as pertinent, including the reports containing the soil levels of the aforementioned heavy metal contamination.
Ultimately, it was decided by the BOCC that P&Z explored every avenue that they are required to and that their decision would be upheld.
It was also mentioned in the official documents denying the appeal that Wiksten could appeal the BOCC’s decision to the District Court of Shoshone County — however they did outline several instances where they claim that she does not meet the county’s criteria as an affected person in this case and thus not truly eligible for an appeal.
In the official decision it reads: Dawn Wiksten lacks standing to appeal the decision granting the conditional use permit, Wiksten does not meet the definition of affected person" entitled to direct notice as outlined in Shoshone county code because she does not own property within 300 feet of the subject property. In addition, she has not presented or articulated any specific facts in her written appeal to support that she is aggrieved by the decision.
Wiksten has 28 days from March 22, to file her appeal to District Court.
The board’s decision did allude to some merits surrounding Wiksten’s attempted appeal, which they plan on addressing — including some of the items surrounding the potential contamination.
Being a matter of public record, copies of the full decision are available at the Shoshone County Courthouse.