Board of Adjustment

BOARD OF ADJUSTMENT December 23, 2021 City Annex Building, Conference Room 680 Park Avenue Member Present: Wendy Nobles, Ron Johnson, Kristi Brower, Alden Allen Staff Present: Naysha Foster, Current Planner Call to Order: Kristi called the meeting to order at 12:21 p.m. Minutes: Ron made a motion to approve the August 26, 2021, minutes as presented. Wendy seconded the motion. The motion carried unanimously. Public Hearing Variance Naysha clarified public hearing procedures and responsibilities of the Board. She informed all present that the purpose of a Conditional Use Permit hearing is to evaluate whether the allowed use requires conditions in order to avoid adverse impacts posed by the Conditional Use to adjacent properties. The responsibility of this Board is to gather information regarding the applications, consider adverse impacts if any, and to apply conditional uses if needed. She informed all present that the board is not here to answer any questions but to review testimony provided both verbal and in writing. CUP21-011: Jim Shank, Superintendent for Idaho Falls School District 91, residing at 1231 Grassland Dr, Idaho Falls, ID informed the Board that he was seeking a Conditional Use Permit for the property at 450 E St for the purpose of teaching career and technical education (CTE). The idea is to combine all three high schools in one central location to teach CTE classes. Jim shared an in-depth view of the CTE learning and the importance to the students and community. He informed the Board that there will be approximately twenty (20) employees and transportation for students will be mainly by bus with some students driving themselves. Craig Croft, Architect from Resin Architecture, residing at 3104 Nina Dr., Idaho Falls, ID informed the Board that the code requires a fifty-five (55) percent transparency requirement and that their structural engineer has informed them that anything over five (5) percent on the north and south side of the building would be possible, but anything beyond that would be problematic. They are asking for this exemption because of this transparency issue. Jonathan Gallup, Architect from Resin Architecture, residing at 213 E 12th St., Idaho Falls, ID said they are able to bring everything up to standard and code except the transparency requirement. Ron asked how many stalls they have. Jonathan said he was not sure the exact amount, but Naysha informed the Board that their parking met the minimum standards. Naysha Foster presented the staff report for the Conditional Use Permit for a Career and Technical Education Facility for School District 91 located at 450 E Street. She informed the Board that the property was BOA Minutes 12-23-21 Page 1 of 1 1.967 acres located north of E St., east of N Capital Ave., south of F St., and west of N park Ave. with an existing zone of Core A: Mixed Use. To the north of the property is Edge C: Residential Buffer, to the south, east and west: Core A: Mixed Use. There is currently residential/restaurant to the north, commercial to the south and east, and residential to the west. The Future Land Use Map shows this property as low density. This property was part of the original townsite. Platted in 1889 and annexed in 1907. In 1979 this property was replatted and the Deseret Industries building was constructed in 1983. The Alley was vacated in 1995. Finally, in 2019 the property was rezoned by a city wide initiated zoned change and the Form Based code was implemented with this property designated as Core A: Mixed Use Development. The CUP is to convert the former Deseret Industries building into an education facility. D91 is proposing to remodel the building and conduct a career and technical educational facility at this building. An educational facility is a permitted use in the Core A district with a Conditional Use Permit. The School District is also asking for approval of the reduction of the 50% transparency requirement for sides of the building that front a street as part of the CUP approval. The reduction is for safety purposes and structural challenges with the building. Staff recommends approval of the Conditional Use Permit with no conditions and a variance to the transparency requirement. The Board of Adjustment may approve the CUP, approve with conditions, table for additional information, or deny, with findings supporting the decision. Naysha read the approved uses in this zone. Ron asked the staff if they do recommend approval with the transparency requirements. Naysha stated staff did recommend approval with a variance to the transparency requirement. Tyler Perkins from 840 Park Ave., Idaho Falls, ID, stated that he is at the meeting representing Idaho Falls Rescue Mission. He is not apposed to this at all but wants to make sure that there is no negative impact to them. They have men that are on probation and parole, as well as sex offenders from time to time. His suggestion is to work with legal counsel to make sure there are no negative impact to the services provided to the community at the Rescue Mission. There was no other Public Testimony. Kristi closed the public hearing. Board Discussion: Ron stated that the school district needs more space and this looks like a great compliment to the property. There was no further discussion by the Board. Ron made a motion to approve the Conditional Use Permit for a new school at the former Deseret Industries building, but that they include within that variance for the 55% transparency on the property. Alden seconded the motion. The motion passed unanimously. Reasoned Statement: Kristi read the reasoned statement. Wendy made a motion to approve the reasoned statement as read. Alden seconded the motion. Motion carried unanimously. CUP21-012: The applicant, Fred Dummar, residing at 3625 Charleston Ln., Idaho Falls, ID informed the Board that he was seeking a Conditional Use Permit to continue real estate education for Infinity Investing at the property located at 375 Castle Rock. Their curriculum includes 101 classes that are online, 202 classes that are instructor lead, and 303 classes that are field training. Kristi asked if the building was only used part time for actual students. Fred replied that they have a broadcasting studio that they use to present online classes. Once per month they have a two-to-three-day course that students come to in person during the weekday. The students typically stay in local hotels and are shuttled to the building. Kristi asked if they intend to use the building for any additional use. Fred responded that they do not intend to use the building for anything other than classes. Ron asked the maximum capacity for the face-to-face classes. Fred stated that they limit the classes to fifteen students. Naysha Foster presented the staff report for the Conditional Use Permit for the educational facility, Alpine Capital Solutions, located at 375 Castle Rock, Idaho Falls, ID. This property was annexed and platted in 1991. A CUP for the seminary building was approved and constructed in 1991. The CUP is to convert the former LDS Seminary building into an online education facility in person classes once a month. This is an allowed use in the RP zone with a CUP. The Board of Adjustment may approve the CUP, approve with conditions, table for additional information, or deny, with findings supporting the decision. The staff recommends approval of the Conditional Use Page 2 of 4 BOA Minutes 12-23-21 Permit with conditions of hours of operation for the monthly in person training and must have adequate onsite parking for the number of individuals attending the in person training once a month. Wendy asked what the hours of operation are? Fred replied, they are open Monday through Friday nine (9) to five (5). Alden asked staff to clarify if it’s an educational facility of a school. Mike Kirkham, City Assistant Attorney, stated that the definition of school is listed as the use of a site as a private or public educational facility designed, constructed, or used for the instruction in any branch of knowledge. Jon Stenquist, residing at 3995 Canterbury Way, Idaho Falls, ID, provided written opposition and provided new in person testimony that the applicant, Aaron Adams used to be the HOA president and is a good friend and a trusted member of the community. When he purchased this building and started to remodel “we” sent him an email and Aaron responded saying that he was in compliance with the city code. In the summer of this year, they put up a chain link fence and stored a lot of heavy equipment on the property, they drove across the lawn, they failed to keep the standards up. Jon wants the Board to look at the definition of school on page 203 of the city code. This definition says a school is any public or private educational facility including but not limited to child day care facilities, nursery schools, pre-schools, kindergartens, elementary schools, primary schools, intermediate schools, jr. high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, jr. colleges, and universities. School includes the school grounds but does not include the facilities used primarily for another purpose and only incidentally as a school. Jon would like the Board to deny this application because he thinks it would be a stretch and perhaps naïve to believe that these businesses run in this building qualify as a school under the definition on page 203 of the city code. Mike Kirkham asked Jon to provide the section he found this definition in. Jon informed Mike Kirkham that it was section 4-16-2. Mike Kirkham said that this definition is under the Chapter 16 which is for adult business licensing. Jon said he would argue that it says that whenever the following terms are used in this code. It does not say, just in this subsection. Mike Bailey, residing at 440 Coventry Court, Idaho Falls, ID, stated that he was provided the application that Mr. Adams filled out for the city. He believes that the Board has the petition from the Canterbury Court subdivision showing strong opposition to this action. This subdivision is primarily large custom homes sitting in RP zoning. Mike just wants to make sure the Board has the petition that approximately seventy-four (74) percent of the subdivision has signed. The property up for CUP has several different names on the building. Mike called the Idaho Secretary of State and asked what is in this building. He was told by them that all businesses need to register a name and entity type with the Secretary of State Office prior to opening for business. One of the businesses, Slade Mountain Homes, LLC, listed on the applicants building was not licensed until December 6, 2021. Mike’s objective to show that this is not an educational facility but a business. Infinity Investing is not listed with the Secretary of States Office. If they are doing business as Infinity Investments, they are against code. Mike spoke with Kerry Beutler, Assistant Planning Director for the city, and Kerry mentioned Aaron Adams Training. Mike asked the state about Aaron Adams Training and was told they had no record of this business. Mike told the Board if you go to their website, Alpine Capital Solutions, it says that they provide passive turnkey real-estate investment opportunities to individual investors all over the world. They currently manage thousands of properties all over the United States for investors. They never say educational facilities, it only talks about businesses. They may have a slight component to education, but they are heavily involved in business not education. Mike continued by saying that their website says they do business throughout the country and that it sounds more like a real-estate management business. Mike read Aaron Adams biography that he got from their web site. Mike told the Board that he believes they are violating RP zoning. He believes this a commercial for-profit business and not a school. He knows that two of the three companies are not even registered with the State of Idaho. Mike would aske the Board to not go over the concerns of the majority of Canterbury Park Subdivision and decline this CUP. Lisa Bailey, residing at 440 Coventry Court, Idaho Falls, ID, stated that she has concerns that they are not taking into consideration neighborhood norms that people aren’t putting up chain link fence. It’s not a proper place to store outside even if it’s temporary. She is afraid it will open u a can of worms and doesn’t feel it fits into the definition of school. Page 3 of 4 BOA Minutes 12-23-21  Lori Wood, residing at 362 E Cranbrook Lane, Idaho Falls, ID, told the Board she is very concerned about the home values in the neighborhood as well as safety. Lori said with this business many people from out of state will be here and this could cause safety concerns. Jamie Braithwaite, residing at 3840 Woodhaven Lane, Idaho Falls, ID, spoke in support of the CUP. Jamie id the HOA president of Stonebrook which is directly connected to Canterbury. She is very involved with the community and believes that this property is on a busy road with high traffic during business hours. She is here to show her support to this CUP. Jo Pruitt, residing at 3795 Westminster Place, Idaho Falls, ID, said that it appalls him that the city would consider putting a business next to a neighborhood. He said that he does not believe this fits the definition of a school. Walt Wood, residing at 362 Cranbrook Lane, Idaho Falls, ID, said that one reason they purchased their home was because of the stability of the neighborhood and the length of time it’s been there. When they heard of the commercial business going in it was concerning. Walt does not believe this is conducive of the neighborhood. Mike Bailey, residing at 440 Coventry Court, Idaho Falls, ID, testified for a second time, that this property is in Canterbury Subdivision but not Canterbury HOA. He stated that there are several commercial buildings, and he can go there. He bought this property for a very low price. Walt Wood, residing at 362 Cranbrook Lane, Idaho Falls, ID, testified for the second time, that this could be turned into a home, and this would be more conducive to the neighborhood. Fred Dummar, applicant, rebutted to testimony. As he stated before, as soon as they knew that Slate Mountain Homes was in violation of the city, they stopped this company immediately. The only thing in this building now is education, both online and in person. Fred stated that their businesses fit within the definition in city code. Education is allowed by right. Ron asked the applicant for the feel for the businesses in the building now. Fred stated that Alpine Capital Solutions holds in person education summit three (3) days every month that is live streamed and in person. Alden asked if the staff of four is to help with streaming of live stream events. Fred responded that they have one instructor, an office manager and two offices for him and the owner Aaron Adams. Wendy asked staff for clarification for school definition. Mike Kirkham said that the definition for school is under title 11 and that is the zoning code. Chapter 7 hold the definition for the zoning code. He gave the definition and explained that there was another definition given in testimony and this definition was from another section. He informed the Board have the ability to interpret the code as they wish. There was no other Public Testimony. Kristi closed the public hearing. Board Discussion: The Board held a short discussion about the definition of school and sought legal clarification. Mike Kirkham explained that there may be an argument of which definition to use. He informed the Board that they should compare the two definitions and decide which one to apply. He said that he’s not sure that it matters which one to use as the definition on both would fit the property. Alden made a motion to approve the conditional use permit as recommended by staff. Ron seconded the motion. The motion passed unanimously. Reasoned Statement: Kristi read the reasoned statement. Ron made a motion to approve the reasoned statement as read. Alden seconded the motion. Motion carried unanimously. Adjourn: Kristi adjourned the meeting at 1:50 p.m. Respectfully Submitted, Ann Peterson, Recording Secretary Page 4 of 4 BOA Minutes 12-23-21