SHELLEY – The Bingham County Commissioners held an appeal hearing for a previous Conditional Use Permit that was granted to Cody Hawker for use of a personal motorcycle track on his private property.
The original CUP allowed the property owner to use the private track from 10 a.m. to dusk, along with other conditions including spark arrestors, and dust abatement.
Kevin M. Spencer provided the commission with an appeal of the original CUP for the location on Monday with a request to repeal the approval.
Hawker requested the CUP after being made aware that using the existing track on the property of the home that be bought in 2013 was required. Hawker went on to acknowledge that he has his children for a limited time during the month and would like to have the opportunity for his children to enjoy the existing track without disturbing his neighbors. He also acknowledged that, being in a farming community, tractors, lawn mowers, four-wheelers and other all-terrain vehicles (ATVs) are used at all hours of the day.
Because of this he felt that he met the requirements for the CUP and should not be met with much adversity. The original CUP application was approved following review of all evidence provided on both sides, from Cody Hawker and Kevin Spencer. The commission would agree and voted to allow the CUP in their March 11 meeting after following all testimony during previous meetings.
The commissioners went through the concerns presented in the appeal application from Spencer. As Commission Chairman Whitney Manwaring went through each concern, he asked for input from each of the commissioners to give their opinion on the situation regarding the original CUP. For each item, the commissioners found that the circumstances surrounding the personal track were met under the collective decision between Hawker and Spencer in the original agreement.
Commissioner Mark Bair spoke specifically about the outlines needed to prove that a violation took place on the CUP.
County attorney Chase Hendricks recommended to the commissioners to flesh out the conditions placed on the permit. Manwaring suggested that there be a minimum of a warning handed out to the parties involved.
Bair suggested that they modify the conditions of the CUP, and felt that the request of the parties’ riding stop when the Spencers are outside was adequate. Manwaring spoke in opposition of such recommendations and Commissioner Jessica Lewis noted that it would be more realistic to have them make a noise and dust barrier with fences and/or shrubs.
Bair made the motion to uphold the permit, with two new stipulations. First, immediate family members are the only ones allowed to use the track. Second, that the track is only to be used after 10 a.m. and until sunset. Manwaring wanted to add baffles for noise suppression in case that, in the future, the family moves from the four-stroke to two-stroke bikes.
The motion carried with a 3-0 vote from the commissioners.