Board of Adjustment

Planning Division Office (208) 612-8276 Community Development Services BOARD OF ADJUSTMENT September 28, 2023 Council Chambers 680 Park Ave Members Present: Nathan Kennedy - Chair, Ron Johnson, Kristi Brower Staff Present: Naysha Foster, Current Planner Call to Order: Ron Johnson called the meeting to order at 12:15 p.m. Minutes: Kristi made a motion to approve the minutes from July 27, 2023, Nathan seconded the motion and it carried unanimously. Public Hearing VAR23-004: The applicant, Gilmore Jenkins from HLE, Inc, 101 S. Park Ave., #210, Idaho Falls, ID 83402, stated that D&S Electric Supply purchased this property across the alley from them with the intent of using the property for axillary space to their current use. D&S would like to fence off the yard to protect the cold storage outdoor items that will be parked on this property. The applicant’s request is that they would like to push the fence out to the property line. This would gain them a little over twelve thousand square feet of usable ground. They would maintain the 30-foot visual triangle to maintain safety at the intersection of Oak Street and 13th Street. They would landscape this area and use it for storm water retention. Their request is to reduce or remove the landscape buffer requirement and increase the allowed fence within that buffer. Naysha Foster informed the Board that the applicant is asking to approve a variance that would allow a 7-foot fence in the front setback, eliminate the requirements of the 10-foot landscape buffer, including street trees, adjacent to a street and to allow storage in front setback. She said that this property was annexed in 1907 as part of the original townsite. There was a variance granted in 1960 to build in line with the existing buildings along Oak Street. Zoning was previously R3A and was rezoned to TN with the city-wide zone change in April 2018. The property was rezoned to CC in 2021 when the property owner, D&S Electric purchased the property. The previous use of the property was a daycare. Naysha stated that this property is awkwardly shaped and surrounded by three local streets and on the 4th side by an alley. No fence, wall, hedge, or other sight obscuring object or structure which is more than three feet (3’) in height is allowed within fifteen feet (15’) of the front yard lot line contiguous to a street, Section 11-4-8(C) of the Zoning Code. She said that the Zoning Code requires a 7-foot landscape buffer, including street trees, contiguous to a street. This buffer gets expanded to 10-feet for Open storage areas within thirty feet (30’) of any public street. The planting strip shall include trees and ground cover plus a masonry wall or opaque fence at least six feet (6’) in height or a dense hedge that will attain a height of at least six feet (6’), Section 11-4-4(I)2 Screening Requirements. Naysha said that staff recognizes that requiring the landscape buffer and fence setback standards reduce the usable BOA Minutes 9-28-23 Page 1 of 3  Planning Division Office (208) 612-8276 space of the property, but recommend the Board consider the neighborhood and street context of the variance request. This property is a transition area from the commercial uses along Curtis Ave. into the neighborhood. Oak Street, in this section, is flanked on either side by commercial style buildings. The buildings are built at a zero setback. A tall fence here would continue the building plain along the street. Street trees could be planted in the park strip. The W13th Street side of this property is across from Poitevin Park. A tall fence and lack of landscaping here is not in sync with park property. The required landscape buffer would complement the park and better transition from the commercial to the residential. Naysha would recommend approval of the variance of fence height and landscape buffer along the Oak Street frontage with the required street trees to be planted in the park strip. Approval of the fence height variance along 13th Street. Reduction of the required 10-foot landscape strip along 13th Street to 7-feet with no elimination of street trees. Approval of storage within the front setback behind the fence. Nathan asked if D&S Supply was on board with the variance that the staff is recommending? Naysha said she hasn’t heard anything from them. Nathan stated he was looking at the drawings from the Civil Engineers if the setback was there. Naysha said she is recommending approval of everything in the variance other than the street trees in the planter strip along 13th Street. Nathan said he understands this but does not see this reflected in the drawings. Naysha told him that the drawings were done prior to this recommendation. Nathan wanted to know if D&S Electrical Supply was ok with this. Gilmore said they should have no issues with this recommendation as they already have to maintain this strip of land. Ron asked if they have a commitment from the applicant that they would work with the city to get the size and width that is required? Gilmore said that they will turn in a site plan to the city and this will be discussed at that time. Nathan made a motion to approve the request to eliminate the setback requirement for a fence from the required 15-foot setback for a fence over 3 feet adjacent to a street as well as landscape buffers along a street as presented. Kristi seconded the motion and it passed unanimously. There was no other Public Testimony. Ron Johnson closed the public hearing Board Discussion: There was no further discussion. Relevant Criteria and Standards passed with a unanimous vote. CUP23-005: The applicant, Tiffany Redden, 275 Ash Street, Idaho Falls, ID 83402, stated that they are requesting a Conditional Use Permit to operate an office building in a residential zone at 360 N Ridge. She said this property is across the street their current office building at 275 Ash Street. She said they provide services for people with developmental disabilities. This space would house some of their managers and they would be open during normal business hours. They had a good neighborhood meeting on August 3, 2023. The neighbors were concerned there would be signage on the home. Tiffany never planned on doing that as this location is not open to the public. They were also concerned about parking. Tiffany said that they had a long driveway and a detached two car garage. This alleviated these fears. The neighbors also wanted assurance that the property would be maintained. She informed the neighbors that they have this contracted out and that the property will be maintained throughout the summer and winter. Tiffany also said the neighbors were concerned about safety. She said they have BOA Minutes 9-28-23 Page 2 of 3  Planning Division Office (208) 612-8276 installed security cameras at their 275 Ash Street location and will install another one at this location. At the end of the public meeting the neighbors gave them their support. Naysha Foster informed the Board that the applicant is asking to approve a Conditional Use Permit for an office building in the TN, Traditional Neighborhood Zone with or without conditions. She said that this property is part of the original townsite and was annexed in 1907. The property was zoned residential. Prior to 2018 it was zoned R1 and was changed to TN when the city did the city-wide initiated zone change in April of 2018. Naysha stated that the applicant conducted a neighborhood meeting on August 3, 2023, as required for as part of a CUP application. The primary hours of operation for the full staff are from 8 am to 6 pm, with some individuals in and out after hours or weekends. This is in compliance with the commercial standards Section 11-3-3 (E)(6)(g), Hours of operation shall be limited to the hours of 6 am and 11 pm. There will be adequate parking for staff on site and additional on street parking along the street frontage. Naysha informed the Board that Section 11-3-3 (E)(6) (c) (iii) of the Zoning Code allows commercial uses with a conditional use permit for parcels that do not have frontage on Elm, Elva, and G Streets, Holmes Avenue, S. Boulevard, and Lomax Street provided that the use is conducted only within an existing building. Any commercial use requiring the construction of a new building for a use not otherwise permitted shall not be allowed. Naysha said that staff has reviewed the Conditional Use Permit and finds it is in accordance with the Comprehensive Zoning Code as well as the Comprehensive Plan. Staff recommends approval as presented without additional conditions. Board had no questions for applicant or staff. Kristi made a motion to approve the Conditional Use Permit to operate an office building in a residential zone as presented without conditions. Nathan seconded the motion and it passed unanimously. There was no other Public Testimony. Ron Johnson closed the public hearing Board Discussion: There was no further discussion. Relevant Criteria and Standards passed with a unanimous vote. Adjourn: Ron adjourned the meeting at 12:45 p.m. Respectfully Submitted, Ann Peterson, Recording Secretary BOA Minutes 9-28-23 Page 3 of 3