Board of Adjustment

Planning Division Office (208) 612-8276 Community Development Services BOARD OF ADJUSTMENT January 25, 2024 Council Chambers 680 Park Ave Members Present: Nathan Kennedy - Chair, Ron Johnson, Kristi Brower Staff Present: Naysha Foster, Current Planner Call to Order: Nathan Kennedy called the meeting to order at 12:48 p.m. Minutes: Ron made a motion to approve the minutes from September 28, 2023, Kristi seconded the motion and it carried unanimously. Public Hearing CUP23-012: The applicant, Adria Bates, 840 E Kinswood Street, Idaho Falls, ID, stated that they are applying for a Conditional Use Permit for the implementation of a school in St. Luke’s Episcopal Church. The school is called Acton Academy and they are a learner driven school that focuses on critical thinking, character development, and leadership skills. Adria explained that as they are in St. Luke’s they will stay a micro school with a maximum of 30 students. She said when the time is right, they will expand into a much larger location to better serve the community. Naysha Foster informed the Board that the applicant is asking to approve a Conditional Use Permit for a school located at 270 N Placer Avenue in St. Luke’s church. She said that this property is part of the original townsite and was annexed in1907 and was zoned residential. Prior to 2018 it was zoned R3A and was changed to TN when the city did the city-wide initiated zone change in April of 2018. Naysha informed the Board that an application was submitted on December 1, 2023. The applicant conducted a neighborhood meeting on November 28, 2023, as required for as part of a CUP application. She stated that the proposed school was located on Broadway, west of Pizza Hut and that the new location is being proposed at St. Luke’s Episcopal Church, west of S Boulevard. The school will use four classrooms and have an office and a printer room. The primary hours of operation fall within 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. The drop off and pick up will be in the front of the building on Placer Ave and has been reviewed by Public Works. A shared parking agreement has been obtained with Wood Funeral Home. She said that by code, if you don’t have parking on site a shred parking agreement is required within 600 feet of the facility. Woods Funeral Home meets this requirement. Naysha told the Board 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. Naysha recommended setting conditions that would ask Acton to install a walk path from Woods Funeral Home to St. Luke’s Church. Naysha said that there is already sidewalk provided but would recommend them to paint a crossing at the intersection of Bridge and Placer. Staff recommends approval as presented with the condition of a pedestrian walk path from the parking lot to the public sidewalk in front the St. Luke’s Episcopal Church as soon as weather permits. BOA Minutes 1-25-24 Page 1 of 2  Planning Division Office (208) 612-8276 Kristi asked if they would need to work with the city to paint the street crossing. Naysha said that Acton Academy would need to work with Public Works to get this completed. Naysha informed the Board that the parking standards are one parking stall per classroom plus five. This would mean that they need nine parking stalls off street. She said that Wood’s funeral Home has agreed to provide nine stalls. Ron asked how long the school considers temporary. Adria said that it would be a maximum of five years, but they are planning on three. The Reverend Lea Colville, 2621 Winter Haven Drive, Hailey, Idaho, said that she is the priest at St. Luke’s Episcopal Church. She said that they have been preparing to have a school at the church for the past three years. They have been seeking grant and doing improvements to make the space beautiful and safe. Lea stated that they are excited to have Acton Academy and thinks the classroom space is best used with children in it and not storage. There was no other Public Testimony. Nathan Kennedy closed the public hearing Board Discussion: Ron said they have the agreement for parking and are working on the walk path, so it appears they have checked all the boxes. Nathan asked about a time frame for the walking path. Naysha said that she would recommend the Board require the walk path be completed as weather permits. There was no further discussion. Relevant Criteria and Standards passed with a unanimous vote. Kristi made a motion to approve the request with the conditions that the school marks the walking path. Ron seconded the motion and it passed unanimously. Relevant Criteria and Standards passed with a unanimous vote. Adjourn: Nathan adjourned the meeting at 1:02 p.m. Respectfully Submitted, Ann Peterson, Recording Secretary BOA Minutes 1-25-24 Page 2 of 2