Board of Adjustment

Planning Division Office (208) 612-8276 Community Development Services BOARD OF ADJUSTMENT May 26, 2022 City Annex Building, Conference Room 680 Park Avenue Members Present: Kristi Brower, Chair, Ron Johnson, Vice-Chair, Daniel Devasirvatham, Nathan Kennedy Staff Present: Naysha Foster, Current Planner, Brad Cramer, Director Call to Order: Kristi called the meeting to order at 12:21 p.m. Minutes: Ron made a motion to approve the December 23, 2021, minutes as presented. Nathan seconded the motion. The motion carried unanimously. Public Hearing: VAR22-001: The applicant, Janice Vosselman with Home Pro Service, located at 4820 E Comish Drive, Idaho Falls, ID, spoke on behalf of the applicant Heather Steimlosk. Janice informed the Board that they were seeking a Variance that would reduce the rear setbacks for an addition to the residence located at 2576 Waterford Lane, Idaho Falls, ID. She believes this variance has merits for the following reasons: It would make access for the homeowner easier and keep the structure away from adjoining lots. If built to current codes, neighbors would be looking at separate structures with twelve-foot ceiling heights and built as close to the rear property line as possible. Therefore, it will make a greater visual impact to neighbors. By approving the variance, it will allow for a structure to be built while preserving as much of the back yard as possible. It is her argument that preservation of the feeling of the neighborhood is better accomplished with the approval of the variance. Naysha Foster presented the staff report for the Variance for relief of a setback for an addition to the principal structure located at 2576 Waterford Lane, Idaho Falls, ID. She informed the Board that this property was annexed and zoned R-1 in July of 1988 and that the plat was recorded in September 1988. The R1 zoning designation continued through the years and did not change with the city-wide initiated zone change. The lot size was and still is, in compliance with the R1 standards. The residence met the R1 setbacks at the time of constructions and meets the current R1 setbacks. Naysha stated that this lot is approximately 9,245 square feet. The R1 lot size requirements are between 7,000 and 13,500 square feet except for corner lots and cul-de-sac lots or other unusually shaped lots. Those lots may be larger than the 13,500 square feet. This lot size is consistent with other interior, non-cul-de-sac lots in the subdivision and surrounding area. Cul-de-sac and corner lots average approximately 1,000 square feet larger than this lot. The lot is not an unusual shape and there are no issues with topography. Two corner lots across Waterford, 2545 and 2615 were both denied variances to reduce front setbacks in 1989. The R1 Zone has a minimum rear setback requirement of 25 feet. The applicant wishes to construct a building addition that would extend into the rear setback 16 feet leaving a 9-foot setback. There are currently no other lots in this area that have structures that extend into the required rear setback. If the applicant were to detach the proposed structure and build it as a standalone accessory structure the rear setback could be as little as BOA Minutes 5-26-22 Page 1 of 4  Planning Division Office (208) 612-8276 zero feet. The side yard setback would be a minimum of 6 feet. The proposed structure could be permitted today as a detached structure with no need for a variance. Naysha said the staff has reviewed the variance and finds that there is no undue hardship. There are no physical limitations that are unique to this property, and setbacks for a detached structure can be met in accordance with section 11-3-4 of the Zoning Ordinance. This application is not consistent with the Comprehensive Zoning Ordinance or the Local Land Use Planning act. Therefore, staff recommends denial to the variance. Daniel asked for clarification of structural setbacks. There was no other Public Testimony. Kristi closed the public hearing Board Discussion: Board discussed testimony sent to them by the public, one for and one against the variance. Kristi said that they need to remember that they can only look at what the law requires. In order to approve a variance, it must cause undo hardship or have physical limitations on the property. There was a short pause to the meeting due to video and audio issues. The Board continued their discussion. Ron made a motion to approve the application. There was no second. Kristi stated that they needed to be very careful about making a recommendation that violates the law, and that approving this application would do so. Mike Kirkham, Assistant City Attorney, informed the Board that one thing they would need to do was put together some criteria on how the decision was made. So, when making the decision you might think that if a variance causes an undue hardship, think of what that is exactly. Kristi asked Ron to expand on how this variance fits the criteria. Ron said he was in his car, and he did not have the paperwork with him. Ron stated that he had that wrong in his mind and withdraws the motion. Daniel asked Mike Kirkham why the setback requirements were the way they are. Mike informed the Board that Zoning Codes were adopted by the city and this law needs to be followed by what code reads now. Nathan made a motion to deny the variance. Ron seconded the motion. This motion passed with a three to one vote. Reasoned Statement: Kristi read the reasoned statement. Nathan made a motion to approve the reasoned statement as read. Ron seconded the motion. Motion carried with a three to one vote. CUP22-003: David Richardson, the applicant, and Water Superintendent for the City of Idaho Falls provided some background information on the decision to move the location of the water tower. In 2015 the Water Facility Plant identified the need to replace the existing water tower due to a variety of conditions. To determine where the new tower was going to be built, they went out on a public campaign to present the fact that the old tower needed to be replaced and a new tower needed to be built. In April of 2019 they started a public campaign and from the inception of this staff has been insistent that the city needs a one-million-gallon water tower for future growth. On November 3, 2021, the Library Board approached the city and offered their parking lot as a location. This is City owned property. The consultants reviewed the site and began doing design work. The city sent out notification to property owners within 300 feet of the proposed plan and held three public meetings prior o the BOA meeting. Five property owners were in attendance and their concerns were logged and addressed. BOA Minutes 5-26-22 Page 2 of 4  Planning Division Office (208) 612-8276 David explained the process and timelines of construction. He discussed parking prior to, during, and after construction. Kristi asked David if they had an estimation of how long the short-term road closures would be. David said that the roads would be closed for a couple of weeks but for one week at a time as work demands. Kristi then asked if the trees that will be lost will be transplanted or replaced. David said four trees will be removed, but others will be planted in different areas. Daniel asked about the closure of the library parking lot. David said they will keep the parking lot open as much as possible, only closing when works demands. Naysha Foster presented the staff report for the Conditional Use Permit (CUP) for an Elevated Water Tank for the City of Idaho Falls. She informed the Board that this property was platted in 1918 as part of the original townsite. It was originally developed as commercial. The land was cleared, and the library was constructed in 1977. In May of 2019, the property was rezoned to the Form Based Code. Prior to that it was zoned CC, Central Commercial. The CUP is to construct a Public Service Facility, more specifically an elevated water tank for the City of Idaho Falls. The Form Based Code defines water treatment and storage as Utility and Infrastructure. Utility and Infrastructure uses are permitted but are required to obtain a Conditional Use permit in all subdistricts. The General A subdistrict does have standards for Utility and Infrastructure uses. It does not require any type of screening, fencing or height restrictions. Naysha said that David Richards, Director of the Water Division, conducted a neighborhood meeting on April 26, 2022, at the Idaho Falls Public Library as required by the Comprehensive Zoning Code. Two other meetings were held for the general public. She said that the elevated tank will be approximately 185 feet tall, with a welded-steel elevated tank of 75 feet in diameter with approximately 38-foot-wide concrete support pedestal and will be in the south-east corner of the library parking lot. The proposed location of the elevated water tank will only eliminate one parking stall. Parking standards will still be in compliance with 95 parking stalls for the library after construction. Landscaping in the parking area will also increase by approximately 1,350 square feet. The city is proposing an 8-foot wrought iron security fence around the tank. Naysha informed the Board that staff has reviewed the CUP and finds that it complies with the Form Based Code and requirements of a CUP and recommends approval as presented without additional conditions. Daniel asked what the capacity of the water tank would be and what the lifespan of the water tower is. David Richards said that the tank holds one million gallons and the anticipated life span it eighty to one hundred years. Kristi explained to the public that they are here regarding this application and not the location of the water tower. She asked the public to not repeat testimony and written testimony has been turned in, please do not repeat it. Jed Campbell, 410 W. Broadway, is concerned about the domino effect of people who use all day parking across the street during construction. Beth Swanson, 1065 Ada, stated that the Library Board has enthusiastically approved this location. Mike Murdock, 2915 S. Boulevard (also owner of 152 and 152 ½ Park), is concerned that he was never contacted and has properties that boarder the project. He stated that David called him once on BOA Minutes 5-26-22 Page 3 of 4  Planning Division Office (208) 612-8276 the phone to tell him about the public meetings. People are talking about the code for the trees, what about the code for the water tower? Mike asked to hand out the building code that he printed out. Naysha informed him that it was to late to turn in written testimony and that if he wanted it on the record, he would need to read it. Mike asked how it can be too late if he did not know about the meeting? Naysha told him he was contacted by telephone, and he attended the neighborhood meeting. Kristi explained that they are there to discuss the Conditional Use Permit and the conversation needs to pertain to that alone. Mike said they are talking about parking on Park Ave. and recommended they go down there about 8:00 am and try to find a parking spot. Mike said he looked up the International Building Code and Kristi explained that is not what is under discussion at today’s meeting. Naysha told him that they were there to discuss the site itself not the building of the water tower. Mike said he thinks that the site itself with the tower hanging over it right next door to his apartment that he rents to his granddaughter is important if the tower falls over and kills her. Kristi said we are not here for speculation; we are her for any comment you have about the Conditional Use Permit. Naysha explained to Mike that the Board is there to set conditions on the property if needed not to discuss construction or the structure. Kristi told Mike that the BOA has no control over building codes. Mike said that the code states that a one-million-gallon water tank must be built 1000 feet from any building that can be open to the public. Mike explained that what is being addressed is out of the International Building Code and what is in front of the Board today is if the proposed use is allowed in the Zoning Code. The Board needs to look and see if there are any conditions that should be imposed to minimize adverse impacts for the community. Mike said you can not park anyone on the east side of Park Ave during construction. He said most people that work downtown park here. Howard Arthur, Cliff Street, disagrees with the location of this project. He said that this site is a textbook perfect, extreme example, for a ground level terrorist event. Kristi told him the Board is not there for that purpose. She told him to keep his comments to the use of the property. Howard said that the use of the property was somewhat glazed over by the Water Department. He said that tower holds one million gallons of water, one gallon of water weighs 8.3 pounds, so that is eight million three hundred thousand pounds of water. That is four thousand one hundred and fifty tons in an elevated position above a parking lot and the library. If the site were to receive a significant seismic event the weight of the water and the tower would determine the future of anything. It would destruct and Howard thinks that needs to be taken into consideration. Kristi told Howard that she’s sure this is taken into account during the construction and building phase. There was no other Public Testimony. Kristi closed the public hearing. Board Discussion: There was no additional discussion by the Board. Nathan made a motion to approve the application as presented. Ron made a motion to second. The motion passed unanimously. Reasoned Statement: Kristi read the reasoned statement. Nathan made a motion to approve the reasoned statement as read. Daniel seconded the motion. Motion carried unanimously. Adjourn: Kristi adjourned the meeting at 1:23p.m. Respectfully Submitted, Ann Peterson, Recording Secretary BOA Minutes 5-26-22 Page 4 of 4