[Call to Order] [00:00:03] JUST. WELCOME TO THE BOARD OF ADJUSTMENTS MEETING FOR FEBRUARY 25TH, 2025. THESE PROCEEDINGS ARE RECORDED, SO PLEASE SILENCE YOUR CELL PHONES. BEFORE WE GET TO THE AGENDA, I'D LIKE TO EXPLAIN THE PUBLIC HEARING PROCEDURE. I WILL OPEN THE HEARING FOR PUBLIC TESTIMONY. THE APPLICANTS WILL BE ASKED TO PRESENT THEIR APPLICATION. STAFF WILL GO OVER A STAFF REPORT. NEXT, MEMBERS OF THE PUBLIC WILL HAVE AN OPPORTUNITY TO COMMENT ON AN AGENDA ON THE AGENDA ITEM. PLEASE KEEP IN MIND THE BOARD WILL NOT ANSWER QUESTIONS FROM THE PUBLIC. HOWEVER, THE APPLICANT MAY ANSWER THEM DURING THE REBUTTAL PERIOD OF THE MEETING. ANYONE WISHING TO SPEAK IN FAVOR OF THE APPLICATION WILL BE CALLED ON TO SPEAK FIRST. ANYONE WISHING TO SPEAK NEUTRAL WILL BE CALLED ON NEXT, AND ANYONE IN OPPOSITION WILL HAVE AN OPPORTUNITY TO SPEAK. ONCE CONCERNS OR COMMENTS ARE STATED, IT IS ON THE RECORD. IT WILL BE CONSIDERED AND DOES NOT NEED TO BE REPEATED. FINALLY, THE APPLICANT WILL BE INVITED TO REBUT THE COMMENTS OR ANSWER ANY QUESTIONS BROUGHT UP BY THE PUBLIC IF THEY WISH TO DO SO. THE BOARD MAY ASK QUESTIONS THROUGHOUT THIS PROCESS TO GATHER INFORMATION OR TO CLARIFY STATEMENTS THAT HAVE BEEN MADE. THE CHAIRMAN WILL CLOSE THE PUBLIC HEARING PORTION OF THE MEETING. ONCE THE PUBLIC HEARING IS CLOSED, THE PUBLIC WILL NOT BE ALLOWED TO COMMENT. THE BOARD WILL DELIBERATE AND MAKE A DECISION. THE BOARD MAY CHOOSE TO APPROVE, APPROVE WITH CONDITIONS OR TABLE THE APPLICATION FOR AN ADDITIONAL TABLE OF THE APPLICATION FOR ADDITIONAL INFORMATION. SO FIRST AGENDA ITEM IS MINUTES. BEFORE WE GET BEFORE WE GET GOING WITH THAT, I JUST WANT TO VERIFY THAT WE DO HAVE A QUORUM. JUST ONE PERSON IS APPEARING VIA A PHONE CALL. AND JUST WHO IS THAT INDIVIDUAL THAT WE HAVE ON THE PHONE? RON. RON, CAN YOU HEAR EVERYTHING AND SAY SOMETHING? I'M HEARING YOU. YES. CAN YOU GUYS HEAR HIM? OKAY. ALL RIGHT. THANK YOU. SO, YES. RON JOHNSON. LIKE EVERYBODY. ALL RIGHT. ANY COMMENTS ON THE MENUS OR MINUTES FROM JANUARY 28TH, 2025? ANY [Minutes: January 28, 2025] ADJUSTMENTS? CAN I GET A MOTION TO APPROVE THOSE MINUTES? I'LL SECOND IT. I'LL APPROVE IT. MOTION AND SECOND. THOSE IN FAVOR, PLEASE SAY AYE. I. THOSE OPPOSED, PLEASE SAY NAY. ALL [VAR25-001: Variance to relieve the maximum front setbacks for residential structures in the TN, Traditional Neighborhood Zone due to the unique shape and location of the property.] RIGHT. WE WILL NOW MOVE ON TO THE PUBLIC HEARING PORTION. THE VARIANCE. AND WE'LL START WITH THE APPLICANT WHICH IS CONNECT ENGINEER. THIS IS. STACY PATTERSON, THERAPIST. STATE YOUR NAME AND ADDRESS. FOR. AND PUT THAT ON. OR IS IT ON? CAN YOU HEAR ME? YEAH. THERE YOU GO. YEAH. BARRY BANE WITH CONNECT ENGINEERING, 2295 NORTH YELLOWSTONE, SUITE SIX, HERE IN IDAHO FALLS. SO THIS VARIANCE THAT WE'RE SEEKING FOR TODAY IS ON A PROPERTY. HERE IN IDAHO FALLS, JUST SOUTHEAST OF HIGHWAY 20. WEST OF CANYON AVENUE. HERE'S A LITTLE BIT MORE ZOOMED OUT PICTURE. VERY UNIQUE SHAPE AND UNIQUE LOCATION PROPERTY, WHICH IS THE REASON FOR SEEKING THIS VARIANCE. HERE YOU'LL SEE THAT. I'LL ZOOM. IT DOESN'T WORK. YOU SEE THAT IN THE FRONT. THE RIGHT OF WAY ON THE CITY RIGHT OF WAY CONTINUES ALL THE WAY THROUGH TO HIGHWAY 20. AND YET THE ROAD STOPS AT A CUL DE SAC. AND THEN AS THAT RIGHT OF WAY HITS THE HIGHWAY 20 RIGHT AWAY, THEN ANGLES NORTHEAST. SO REALLY, REALLY ODD SHAPE THERE. THIS THIS ZONE FOR THIS PROPERTY IS ZONED TRADITIONAL NEIGHBORHOOD ZONE. AND ONE OF THE REQUIREMENTS IN THE TRADITIONAL NEIGHBORHOOD ZONE IS A MAXIMUM FRONT YARD SETBACK OF 20FT. AND THAT'S THE VARIANCE THAT WE'RE LOOKING FOR TO INCREASE THAT MAXIMUM SETBACK FROM 20FT TO MORE THAN 20FT. WE WE'VE DONE A LOT OF LAYOUTS ON THIS PROPERTY AND TRIED TO MAKE IT WORK, FITTING ALL OF THE REQUIREMENTS. AND THAT'S THE ONE REQUIREMENT THAT THAT WE JUST CAN'T GET AROUND. PARTIALLY BECAUSE OF, AGAIN, THAT THE IRREGULARITY OF THE LOT, AND ALSO PARTIALLY BECAUSE DUE TO FIRE CODE, WE CAN'T JUST ACCESS OFF THE ALLEY ALLEYWAY IS NOT WIDE ENOUGH FOR THE FIRE [00:05:04] REQUIREMENTS. SO WE HAVE TO COME IN FROM THE FRONT FOR FIRE REQUIREMENTS SOMEHOW ON THAT. SO WITH WITH THAT AND, AND THE OTHER REQUIREMENTS THAT ARE, THAT ARE NEEDED FOR FIRE AND THE END ZONE, WE'RE SEEKING THAT MAX OR THAT INCREASE TO THE MAXIMUM SETBACK. AND WE'D STILL LIKE TO KEEP THE GARAGES IN THE REAR TO BE ABLE TO STILL HAVE SOME GRASS AND SOME FRONT YARD THERE. SO THIS IS A CONCEPT THAT WE COME UP WITH FOR THE DEVELOPER. WE'LL STILL HAVE TO, YOU KNOW, PLAT THE LOTS. WE'LL STILL HAVE TO GO THROUGH SITE PLAN REVIEW OR PUBLIC IMPROVEMENT REVIEW. WE'LL HAVE TO MEET ALL PUBLIC WORK REQUIREMENTS, ALL THE FIRE ZONING REQUIREMENTS, ALL THOSE PLANNING REQUIREMENTS. REGARDLESS IF WE HAVE THAT 20 FOOT SETBACK OR NOT, OR IF THAT'S EXTENDED. YOU CAN SEE THIS IS MORE OF A MORE OF AN INFILL LOT, WHICH WOULD BE GOOD TO SEE SOMETHING GO THERE. AND WE UNDERSTAND THAT. AND THE DEVELOPER IS WELL AWARE THAT THERE THERE ARE SOME OTHER UNIQUE CHALLENGES TO DEVELOPMENT HERE, NOT JUST THE SETBACKS, BUT WE KNOW THAT THERE'S ROCK THERE AND THAT THEY'RE GOING TO HAVE SOME CHALLENGES WITH ROCK, BUT THAT THAT CHALLENGE COMES REGARDLESS OF WHAT GETS DEVELOPED THERE. SO HAD TIME TO CONSTRUCTION DEVELOPER AND CONTRACTOR WILL WILL NEED TO WORK THROUGH THOSE, AND THEY'RE PLANNING TO DO SO. OTHER THAN THAT, I THINK THAT'S ALL THAT I HAVE. I'LL STAND FOR ANY QUESTIONS IF THERE ARE ANY. I DON'T KNOW IF I HAVE ANYTHING AT THIS TIME. NO. OKAY. RONNIE. QUESTIONS? SORRY. RON. DO YOU HAVE ANY QUESTIONS? ALL RIGHT, WELL. THANK YOU. THANK YOU. ALL RIGHT. WE WILL NOW START US. OH, GOD. SORRY. STAFFING. NOW PRESENT THEIR REPORT. ALL RIGHT. SO THE REQUESTED ACTION OF THIS BOARD IS TO APPROVE A VARIANCE TO ALLOW RESIDENTIAL DWELLING UNITS TO BE CONSTRUCTED BEYOND THE MAXIMUM 20 FOOT FRONT SETBACK. JUST A LITTLE HISTORY OF THIS PROPERTY. IT IS PART OF THE ORIGINAL TOWN SITE. IT WAS ANNEXED IN 1906. THE PROPERTY WAS INITIALLY ZONED RESIDENTIAL AND HAS BEEN RESIDENTIAL SINCE THE ANNEXATION. THE ORIGINAL PLAT HAS A GRIDDED PATTERN OF LOTS AND BLOCKS AND STREET NETWORK. IN 1970, HIGHWAY 20 CAME THROUGH. IT WAS CONSTRUCTED AND DISRUPTED THE GRIDDED PATTERN IN THE AREA, CAUSING THE ODD SHAPE OF THIS, THESE LOTS AND THE DEAD END STREET. AS YOU CAN SEE. THE PUBLIC RIGHT OF WAY IS STILL THERE. IT HAS NOT BEEN VACATED AT THIS TIME. SO THAT IS DEDICATED RIGHT OF WAY TO THIS DAY. IN APRIL OF 2018, THE CITY UPDATED THE COMPREHENSIVE ZONING ORDINANCE AND REZONE THIS AREA TN, WHICH IS OUR TRADITIONAL NEIGHBORHOOD ZONE. AND AS BARRY MENTIONED, IT HAS A MINIMUM SETBACK OF 15FT AND A MAXIMUM SETBACK OF 20FT. AN APPLICATION FOR THIS VARIANCE WAS SUBMITTED ON JANUARY 29TH, 2025. THE TN ZONE IS CHARACTERIZED BY A WALKABLE, TRADITIONAL RESIDENTIAL NEIGHBORHOOD PATTERN WITH SMALL LOTS, A MIX OF HOUSING TYPES, GRIDDED STREETS WITH ALLEYS. THE TN ZONE IS SITUATED IN THE HISTORIC NEIGHBORHOODS, AS MENTIONED ANNEXED IN 1906. DON'T GET TOO MUCH MORE HISTORIC THAN THAT. IT. IT'S SITUATED IN THE HISTORIC NEIGHBORHOODS, AND IT CONTAINS ELEMENTS OF A FORM BASED CODE. TO ALLOW FOR A VARIETY OF USES THAT ARE REQUIRED TO INTEGRATE WITH THE ESTABLISHED CHARACTERISTICS OF THE EXISTING NEIGHBORHOOD. THE DEVELOPMENT STANDARDS ARE ARE INTENDED TO PRESERVE THE HISTORIC CHARACTER OF THE NEIGHBORHOODS. THEREFORE, THE FRONT SETBACKS ARE UNIQUE. IN THIS ZONE, REQUIRING A FRONT SETBACK WHICH ALL OF OUR ZONES REQUIRE A FRONT SETBACK, BUT THIS IS THE ONLY ZONE THAT REQUIRES A MAXIMUM FRONT SETBACK. MOST OF THE ZONES IN THE IN THE CITY HAVE A MINIMUM FRONT SETBACK, AND THAT'S IT. BUT THE TN ZONE ALSO ENCOURAGES ALLEY ACCESS WHENEVER POSSIBLE. SO THEY ARE MEETING THE. IT'S NOT A REQUIREMENT BUT IT'S [00:10:06] ENCOURAGED. SO THEY'RE THEY'RE TRYING TO MEET THAT AS AS PART OF THEIR DEVELOPMENT. PER SECTION 11 65GA VARIANCE MAY BE GRANTED FOR THE AREA WIDTH, LOCATION, HEIGHT, AND LOT COVERAGE BY THE BOARD OF ADJUSTMENT. IF AN UNDUE HARDSHIP EXISTS DUE TO A PHYSICAL LIMITATION, WHICH IS WHAT WE'RE LOOKING AT HERE ON THE DEVELOPMENT. UNIQUE TO THE PROPERTY. THERE AREN'T A LOT OF OTHER PROPERTIES THAT ARE SHAPED IN THIS MANNER. SO IT IS UNIQUE TO JUST THIS PROPERTY. IT'S NOT ECONOMIC IN NATURE, AND IT WAS NOT CREATED BY THE PROPERTY OWNER. AND GRANTING A VARIANCE WILL NOT RESULT IN A CONFLICT OF PUBLIC INTEREST CREATED NUISANCE OR POTENTIAL HARM TO THE NEIGHBORHOOD. THIS DEVELOPMENT HAS AN UNDUE HARDSHIP FROM THE PHYSICAL LIMITATIONS OF THE PROPERTY. IT'S ODDLY SHAPED DUE TO THE CONSTRUCTION AND ANGLE OF HIGHWAY 20. THIS WAS NOT A HARDSHIP THAT WAS CREATED BY THE PROPERTY OWNER. IT'S NOT ECONOMIC IN NATURE AND IT WILL NOT TO STAFF'S KNOWLEDGE AND REVIEW CONFLICT WITH THE SURROUNDING NEIGHBORHOOD, NUISANCE OR POTENTIAL HARM TO THE NEIGHBORHOOD. THE DEVELOPER HAS TRIED TO MEET ALL ASPECTS OF THE TN ZONE DEVELOPMENT STANDARDS, APART FROM THE 20 FOOT MAXIMUM SETBACK, ALLOWING THE DWELLING UNITS TO BE SET BACK BEYOND THE 20 FOOT, INCREASES THE DISTANCE FROM HIGHWAY 20 AND ALLOWS THE UNITS TO BE CLOSER TO THE ALLEY, MAKING ALLEY ACCESS TO THE LOTS AND GARAGES EASIER. THE LAYOUT ALSO PROMOTES A HIGHER DENSITY THAN OTHER CONCEPTUAL LAYOUTS HAVE THAT HAVE BEEN PROPOSED FOR THIS PROPERTY, AND IT IS CONSISTENT WITH THE ORIGINAL TOWN SITE LAYOUT. THE DEVELOPMENT WILL STILL MEET THE INTENT OF THE CODE AND THE OBJECTIVES OF THE PLANNING OR THE COMPREHENSIVE PLAN. IF THE VARIANCE WERE TO BE GRANTED. STAFF HAS REVIEWED THE VARIANCE AND FINDS THAT GRANTING THE VARIANCE IS CONSISTENT WITH SECTION 11 FIVE G OF THE ZONING ORDINANCE. STAFF RECOMMENDS APPROVAL OF THE VARIANCE, ALLOWING A FRONT SETBACK BEYOND THE MAXIMUM 20FT, AND I WOULD RECOMMEND THAT YOUR MOTION BE WORDED IN THAT MANNER, SO THAT THE DEVELOPER DOES NOT HAVE TO COME BACK HERE IF HE'S 22FT VERSUS 20FT, IF THAT MAKES MAKES SENSE, OR, EXCUSE ME, 2020 TWO FEET VERSUS 21FT. OKAY. AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. I DON'T THINK I HAVE ANY ANY ANY QUESTIONS I DON'T. DO YOU HAVE ANY QUESTIONS? I JUST HAVE ONE WHERE THAT HAS KIND OF LIKE A VAGUE POINT. THE FAR END OF THAT PROPERTY WHERE THIS DEVELOPMENT ENDS. WHAT IS THAT? IS THAT JUST A PIECE OF THAT TRIANGLE PIECE THAT'S NORTH OF THIS IS NOT OWNED BY THIS DEVELOPER. THAT'S ACTUALLY OWNED BY THE CITY OF IDAHO FALLS. OKAY. WHAT IS IT? IT IS A WEED PATCH. PARDON ME? IT'S NATURAL VEGETATION. OKAY. THANK YOU. YEAH. THANKS, RON. ALL RIGHT. IF THERE'S ANYONE, WE'LL MOVE ON TO THE PUBLIC PORTION. IS THERE ANYONE THAT WOULD LIKE TO SPEAK IN FAVOR OF THIS VARIANCE? IS THERE ANYONE THAT WOULD LIKE TO SPEAK NEUTRALLY TO THIS VARIANCE? IS THERE ANYONE WHO WOULD LIKE TO SPEAK IN OPPOSITION TO THIS VARIANCE? COOL. I WOULD JUST POINT OUT YOU WILL HAVE AN OPPORTUNITY TO SPEAK. YOU WILL NEED TO STATE YOUR NAME AND YOUR ADDRESS. AND IF THERE'S PEOPLE THAT ARE IN AGREEMENT WITH WHAT'S BEING SAID, WE JUST ASK THAT YOU KEEP IT CORDIAL. THIS IS A RECORDED HEARING. SO WE DO NEED TO HAVE PEOPLE THAT ARE LISTENING ONLINE BE ABLE TO HEAR WHAT'S GOING ON. AND IF IT'S WE DO USUALLY REQUEST THAT YOU KEEP YOUR COMMENTS BETWEEN 3 TO 5 MINUTES. ULTIMATELY, IF IT'S JUST TURNING INTO A REPEAT OF THE OF WHAT'S BEING SAID, YOU CAN JUST GET UP AND SAY YOU CONCUR WITH WHAT'S ALREADY BEEN SAID. SO I'D LIKE TO START OFF. I DON'T THINK. HI, MY NAME IS ANNETTE HARVEY AND I LIVE AT 1123 CANYON AVENUE. THE WEST END OF MY PROPERTY IS UP AGAINST THAT ALLEY, AND PART OF WHERE THE DEVELOPMENT IS PLANNED TO GO. THERE'S JUST A FEW THINGS THAT I GUESS MINE ARE JUST LIKE CONCERNS THAT I HAVE. WITH THIS HAPPENING. THE DEAD END ALLEY UP WHERE RON MENTIONED WAS WHAT IS THE CITY GOING TO BE DOING WITH THAT? IT JUST LEAVE IT AS A WEED [00:15:07] PATCH. LIKE THAT WHOLE AREA HAS BEEN. I'VE CALLED MANY TIMES TO THE CITY TO HAVE SOMEONE MOW THAT DOWN, BECAUSE WE HAVE HAD FIRES BACK THERE IN THE PAST. I'VE BEEN TOLD IN TWO WEEKS IT'LL GET DONE BY THE OWNER OR SOMEONE ELSE. NEVER HAPPENS AGAIN. NEVER HAPPENS. SO I JUST WANT TO KIND OF CONCERN THEM. WHAT'S GOING TO HAPPEN WITH THAT LITTLE AREA THERE? FOR OUR SAFETY AND EVERYONE ELSE'S SAFETY. ALSO, THAT ALLEY AS. THE ENGINEERING COMPANY MENTIONED, IS VERY NARROW. IF YOU PARK A VEHICLE BACK THERE, IT'S IT IS DIFFICULT TO OPEN BOTH DOORS AND DO ANYTHING. SO I'M KIND OF CONCERNED ABOUT HAVING THAT PUSH BACK TOWARDS THE ALLEY MORE AND BEING ABLE FOR THOSE CARS TO BACK OUT AND NOT HIT OUR FENCES. IN THAT AREA. THE OTHER THING IS THAT TELEPHONE POLE THAT IS SITTING THERE WHERE THEY'RE GOING TO BUILD, WHAT THEY'RE GOING TO DO WITH THAT, WHERE IS THAT GOING TO GO? IS THAT GOING ON OUR PROPERTY OR WHERE WILL THAT THAT END UP WITH THAT NARROW ALLEY THERE? AND THEN ACCESSING THE PUBLIC UTILITIES IN THE ALLEY. IN THE PAST THEY THE CITY REPLACED THE SEWER. PIPES IN THE ALLEY. AND WE'VE HAD NOTHING BUT A HUGE POND IN THAT ALLEY BACK THERE NOW. AND WE'VE ALL HAD BACKUPS BECAUSE THERE WERE ROCKS LEFT IN OUR SEWER. SEWER LINES. AFTER THAT HAPPENED. AND THAT'S OUR RESPONSIBILITY TO HAVE TO TAKE CARE OF WHEN WE DIDN'T EVEN MAKE IT, MAKE THAT PROBLEM THERE. SO. I ALSO EXITING THAT ALLEY. TO THE SOUTH ONTO SHELLEY. VERY, VERY STEEP INCLINE THERE. SO THE PROBABLY HAVE TO BE SOMETHING ELSE DONE THERE, BECAUSE IN THE WINTER IT'S REALLY HARD FOR ANYONE TO REALLY GET IN AND OUT OF THERE. THEY'RE GETTING STUCK AND STUFF. IF ANYONE GOES IN THERE. THE GARBAGE TRUCKS WOULD HAVE TO MAKE A RUN AT IT TO TRY TO GET OUT OF THERE IN THE WINTER WITH WITH HOW, HOW ICY AND STEEP INCLINE OF THAT ALLEY EXITING. LOOKS LIKE. AND I THINK THAT'S ALL I HAVE. THANK YOU VERY MUCH. OKAY. ANYONE ELSE WOULD LIKE TO SPEAK? I JUST WOULD LIKE TO SPEAK. HI, I'M MARISSA TREJO. AND WE ARE AT 1112 ELMORE. SO WE'RE THE HOUSE THAT'S RIGHT NEXT TO WHERE EVERYTHING IS GOING TO GET BUILD. SO WE HAVE A COUPLE OF CONCERNS THERE. THE FIRST ONE IS WE HAVE NOTICED THAT ON THAT PROPERTY THERE IS A LOT OF LAVA ROCK. SO I GUESS WHEN THEY DO CONSTRUCTION, IF THEY HAVE TO USE EXPLOSIVES OR ANYTHING. THAT'S GOING TO MESS WITH OUR FOUNDATION. OBVIOUSLY. BUT I GUESS WE'VE WE'VE CONTACTED CONTACTED THE CITY BECAUSE OUR PIPES OR WATER PIPES ARE NOT SIX FEET DOWN. THEY'RE VERY I MEAN, IT'S I THINK THEY TOLD US IT WAS FOUR FEET. SO OUR PIPES DO FREEZE IF WE DON'T LEAVE THE WATER RUNNING. SO WHAT THE CITY TOLD US IS THAT A LOT OF THAT LAND IS FULL OF LAVA ROCK. SO I GUESS IT'S JUST ONE OF OUR MAIN CONCERNS IS IF THEY HAVE TO BUILD OR, YOU KNOW, THEY START BUILDING AND THEY HAVE TO USE EXPLOSIVES OR, YOU KNOW, WHATEVER. HOW IT'S GOING TO AFFECT US, ESPECIALLY WITH THE FOUNDATION OF OUR HOUSE. OR IF THEY HAVE TO BUILD UP, WOULD ALL OF THAT EVERYTHING THEY BUILD UP WHEN IT RAINS OR ANYTHING LIKE THAT, ALL THAT COMES TO OUR END AND WHERE WE HAVE A SPLIT ENTRY HOME. YOU KNOW, ALL THAT WATER DAMAGE, OUR BASEMENT AND ALL OF THAT. SO THAT'S ANOTHER CONCERN. AND THE OTHER CONCERN WE ALSO HAVE IS HAVING THAT STREET BUILT IN FRONT OF OUR YARD. NOT TECHNICALLY, NOT IN FRONT OF OUR YARD, BUT CLOSE ENOUGH. WHEN THEY START DOING THE CONSTRUCTION, ARE WE GOING TO HAVE ACCESS TO OUR DRIVEWAY? I KNOW IN THE PAST, WHEN THE CITY COMES AND WORKS ON ANYTHING THERE, THEY DO BLOCK A LOT OF THAT, SO IT'S HARD FOR US TO EVEN GET TO OUR DRIVEWAY. BUT THAT IS IT FOR US. THANK YOU SO MUCH. THANK YOU. THANK YOU. ANY NEW COMMENTS FOR AGAINST THE. WHAT? HI, MY NAME IS RYAN [00:20:11] MORGAN. I LIVE AT 1135 CANYON AVENUE. I'M NOT GOOD WITH MY DIRECTIONS, BUT I LIVE RIGHT NEXT DOOR TO A NET. APPRECIATE YOU GUYS TAKING TIME TO TAKE OUR TESTIMONIES AND HEAR, HEAR ALL OF OUR CONCERNS. I DON'T HAVE A LOT MORE TO SAY OTHER I AGREE A LOT WITH THE COMMENTS ALREADY MADE. ANNETTE HAS DONE HER HOMEWORK. SHE'S SHE THOUGHT OF A FEW THINGS THAT I DIDN'T REALLY THINK OF. SO I GUESS. IN AGREEMENT WITH WHAT'S BEEN SAID, I ALSO WONDER ABOUT THIS, THAT POINT AT THE END OF THE DEAL THAT WAS OWNED BY THE CITY. THAT'S JUST GOING TO SET THERE NOW. AND IF THAT COULD BE MADE OF ANY USE TO WHAT'S GOING ON HERE, IF THAT WAS TO CONTINUE AND HELP OUT IN THE SITUATION AND KIND OF ELIMINATE SOME OF THE TRAFFIC THROUGH THE ALLEYWAY, BECAUSE I JUST SEE THIS THING KIND OF BECOMING LIKE A ROUNDABOUT WITH ALL THE TRAFFIC THAT'S GOING TO BE GOING THROUGH THERE. THAT'S THAT'S THE NUISANCE THAT I WORRY ABOUT MOSTLY IS I MEAN, WE GET TRAFFIC, YOU KNOW, ON THE FRONT SIDE OF OUR STREET AND NOW WE'RE GOING TO BE GETTING, YOU KNOW, DOUBLE THE TRAFFIC AROUND THROUGH THAT ALLEYWAY. LIKE I SAID, THAT THAT MAY NOT BE AN OPTION, BUT TO ME I DON'T SEE WHERE IT IT COULDN'T BE. IT'S KIND OF KIND OF JUST A USELESS PIECE OF GROUND TO, YOU KNOW, COULD, COULD BE, COULD BE MADE MORE USEFUL IN THIS SITUATION, I GUESS. SO I GUESS THAT'S REALLY ALL I HAVE TO SAY. THANK YOU. THANK. ANYBODY ELSE LIKE TO SPEAK? WELL. KIND OF. MY NAME IS RICHARD BRAUN. I LIVE AT 1145 CANYON AVENUE, AND SO MY CONCERNS ARE IS THE TRAFFIC THAT WE'RE GOING TO GAIN THERE. AND WITH EVERYTHING ELSE THAT I CONCUR. BUT THE TRAFFIC IS ONE OF MY MAIN CONCERNS. AND THEN BEING ABLE TO PULL OUT MY 26 FOOT TRAILERS. ANOTHER CONCERN OF MINE. I MEAN, IT'S I GOT A PAD BACK THERE, SO DOES MY NEIGHBOR. AND I DON'T SEEM TO GET THE SHORT END OF THE STICK AS WELL AS HE DOES, BUT HE GETS THE SHORT END OF THE STICK. HE CAN'T GET HIS TRAILER OUT AS EASY NOW EITHER. SO AND THAT'S ALL ABOUT WHAT I HAVE TO SAY. THANK YOU SIR. ANYBODY ELSE LIKE TO SPEAK? GO. AHEAD. OKAY, I WILL CLOSE THE PUBLIC PORTION OF THE MEETING, AND THE APPLICANT CAN REBUT IF HE WISHES. THANK YOU. I WILL TRY TO I, I THINK A LOT OF I MEAN, DEFINITELY A LOT OF THE QUESTIONS AND CONCERNS ARE VALID. I THINK IT'S HARD BECAUSE I THINK A LOT OF THEM APPLY MORE TO THE DEVELOPMENT WHEN THE DEVELOPMENT COMES. MORE SO THAN THAN THE REDO SETBACK. BUT I'LL, I'LL TRY AND TALK TO MOST OF THEM THAT I, THAT I KNOW OF EVEN EVEN THOUGH IT IS PROBABLY DEVELOPMENT RIGHT NOW. THE DEAD END WEED PATCH HERE THAT'S OWNED BY THE CITY. I WILL SAY THAT WE DID HAVE A PRE-DESIGNED MEETING WITH THE CITY, AND IN THOSE CONVERSATIONS, WE'VE WE HAVE TALKED TO THE CITY ABOUT SOME JOINT USE FOR THAT. IF IT'S AVAILABLE TO BE ABLE TO UTILIZE SOMEHOW IN IN OUR PROPERTY. PERHAPS AS, AS A STORM POND THAT THEN THE HOA MAINTAINS IT. SO THAT IT'S IT TAKES THE STORM WATER FROM NOT JUST OUR DEVELOPMENT BUT THE ALLEYWAY ALSO AND STORES IT THERE. WHICH GOES INTO THE ONE OF THE CONCERNS THAT MARISSA HAD ABOUT THE STORMWATER, WHICH PER CITY CODE, THE LOTS ARE REQUIRED TO MAINTAIN ALL THEIR STORMWATER ON SITE. SO ALL OF OUR STORMWATER WILL WILL BE MAINTAINING THERE ON SITE OR HOPEFULLY IN THAT JOINT STORM POND THERE. AS FAR AS PARKING IN THE ALLEY, WE DON'T. AGAIN, PER CITY CODE. THERE'S NOT ALLOWED TO BE ANY ON STREET PARKING, SO THERE'S NO DESIGNATION OF PARKING IN THE ALLEYWAY. TELEPHONE POLES IN THE ALLEY. WE'VE DONE SOMETHING SIMILAR TO THIS. WHICH THE TELEPHONE POLES STAY PUT. THEY EITHER HAVE TO STAY PUT, OR THEY [00:25:04] HAVE TO BE MOVED INSIDE OF AN EASEMENT, WHICH I DOUBT THERE'S EASEMENTS OUTSIDE OF THIS. SO I IMAGINE THAT THOSE TELEPHONE POLES WILL WILL STAY PUT. AND I AGREE 100%. THE ALLEY IS VERY NARROW. IT IT IS. WHICH HAVING THIS SECOND ACCESS. WE HOPE WILL HELP WITH WITH TRAFFIC AND WITH THOSE CONCERNS OF HAVING TO USE JUST THE ALLEYS. SO WE HOPE THAT THAT WILL SOMEWHAT MITIGATE THAT AS WELL. PUBLIC UTILITIES. I KNOW THERE'S TWO IN THE ALLEY AND THERE'S WATER IN THE FRONT THAT AGAIN, RIGHT NOW CITY CODE IS MAXIMUM OR MINIMUM SIX FOOT DEPTH ON WATER. WHICH I IMAGINE THAT THEY ARE GOING TO HAVE TO DO SOME HAMMERING OR CHIPPING OR SOMETHING FOR ROCK REMOVAL TO, TO GET THEIR UTILITIES IN AND THEIR FOUNDATIONS. I'M NOT AN EXPERT ON ROCK BLASTING OR ANYTHING LIKE THAT, BUT I, I WOULD IMAGINE THAT IT'S HARD TO SEE THEM BLASTING THERE. BUT AGAIN, I DON'T KNOW THAT FOR SURE. MAYBE ACCESS FROM THE ALLEY. YOU CAN SEE HERE, BECAUSE THAT ALLEYWAY IS MORE NARROW THAN THAN WHAT FIRE ALLOWS. WE ARE ADDING. YEAH, IT'S KIND OF HARD TO SEE. BUT WE ARE TRYING TO ADD A LITTLE BIT TO THAT BECAUSE THAT HAS TO BE THE FIRE HAMMERHEAD TURNAROUND. RIGHT THERE. SO HOPEFULLY IT DOES HELP WITH BACKING UP OR ALLEY ACCESS IN IN THIS AREA. AGAIN WE DID LOOK AT AT POTENTIALLY MOVING THE UNITS. FURTHER TO THE TO THE RIGHT AWAY. BUT IN DOING SO IT JUST LEAVES THE WHOLE BASICALLY THE WHOLE SITE IS CONCRETE. AND FOR WHAT WE COULD AND IT WAS STILL HARD TO EVEN MEET THAT REQUIREMENT BY DOING THAT TOO. SO AGAIN, REGARDLESS OF WHAT WHAT GETS DEVELOPED THERE, THERE'S STILL, YOU KNOW, THESE WALKTHROUGHS THAT I'LL HAVE TO BE DONE WITH SITE PLAN AND, AND WORK WITH PUBLIC WORKS AND WHATNOT. SO. I THINK THAT'S ABOUT I THINK I TRIED TO ANSWER MOST OF THE ONES THAT I, THAT I PUT ON THERE, I'LL STAND FOR ANY QUESTIONS IF THERE ARE ANY. SCOTT. ANY QUESTIONS. YEAH. I GUESS ONE OF THE THINGS THAT WAS BROUGHT UP, I KNOW YOU SAID YOU WEREN'T PARTICULAR LIKE EXPERT ON IT, AND IT'S DEPENDING UPON THE LAYOUT OF WHAT THEY'RE GOING TO DO. BUT I DON'T KNOW, THE WE OBVIOUSLY DON'T HAVE INFORMATION ABOUT THE LAYOUT OF THE RESIDENTIAL AREAS THERE, BUT THEY WERE SAYING THEIR PIPES ARE FOUR FEET UNDERGROUND AS OPPOSED TO TRADITIONAL SIX. WHAT SORT OF SAFETY PRECAUTIONS ARE IN PLACE TO ENSURE THAT THAT STUFF ISN'T DAMAGED? WHEN YOU'RE GOING INTO THESE RESIDENTIAL AREAS FOR DEVELOPMENTS LIKE THIS? FOR EXISTING? YEAH. I GUESS I WOULD SAY FOR SPECIFIC FOR THIS AREA. WE WOULD BE I KNOW THAT WATER, WATER, WATER STOPS HERE AND THE SURFACE COMES OFF HERE AND THEN CONTINUES UP. SO WE WOULD BE TYING IN A NEW MAIN LINE TO THE END OF THE MAIN LINE, WHICH WOULD NOT TOUCH THEIR SERVICE LINE AT ALL. AND POTENTIALLY WORKING WITH PUBLIC WORKS. IT MIGHT BE SOMETHING THAT IF, IF WE'RE DEEPER, YOU KNOW, MOVING NORTH, THAT POTENTIALLY, YOU KNOW, THEY WE CAN WORK WITH THEM OR WORK WITH THE CITY ON REROUTING THEIR LINE. AGAIN, I CAN'T PROMISE ANYTHING TO THAT. BUT OUR, THE GOAL HAS ALWAYS BEEN AND CONSTRUCTION ALWAYS IS MAINTAINING EXISTING. THERE'S TIMES WHEN IT'S COLLABORATION CAN WORK TO IMPROVE THE SITUATION. IF THAT WORKS. BUT WITHOUT GOING MORE IN DEPTH WITH PUBLIC WORKS AND SITE PLAN REVIEW AND STUFF LIKE THAT, I DON'T KNOW. I GUESS I DON'T KNOW IF THAT REALLY ANSWERED YOUR QUESTION OR NOT, BUT WE TRY AND KEEP EXISTING OF THE WAY IT IS. RON, DO YOU HAVE ANY QUESTIONS? I, I GUESS MAYBE THE ONLY THE ONLY. I'M SORRY. THE ONLY IMPROVEMENT. WELL, I GUESS WE'RE PROBABLY NOT LOOPING THE WATER LINE. I WAS GOING TO SAY IF WE LOOPED THE WATER LINE, THAT WOULD POTENTIALLY HELP OUR FLOW. BUT I DON'T THINK WE'RE GOING. SORRY. THANKS, I APPRECIATE IT. BEFORE DELIBERATION, I JUST WANT TO REITERATE SOMETHING THAT BARRY JUST MENTIONED. AND AS I MENTIONED IN MY STAFF REPORT, WE'RE NOT HERE TO DECIDE WHETHER OR NOT THIS DEVELOPER CAN BUILD. THE DECISION THAT YOU NEED TO MAKE TODAY IS IF YOU ALLOW THEM TO INCREASE THE MAXIMUM SETBACK, IS IT GOING TO BE A DETRIMENT TO THE NEIGHBORHOOD? ESSENTIALLY IS WHAT WE'RE WHAT WE'RE TALKING ABOUT. SO APPRECIATE YOUR COMMENTS AND QUESTIONS. SO. WE. [00:30:07] SO THE PUBLIC HEARINGS, THE PUBLIC HEARING PORTION OF THE MEETING IS NOW CLOSED. DO I NEED A MOTION FOR THAT? OKAY. WE WILL DELIBERATE. YOU HAVE ANY COMMENTS? RON OR SCOTT? NO. I UNDERSTAND THE CONCERNS THAT THE RESIDENTS HAVE THERE. I'VE LIVED IN MY HOME FOR PLENTY OF YEARS, AND I'VE BEEN CONCERNED ABOUT SOME THINGS, BUT. EVERY TIME I'VE BEEN CONCERNED THAT WAY, THE PROPERTY'S ACTUALLY ENDED UP BENEFITING ME FROM HAVING THE CONSTRUCTION DONE THERE. IT DOESN'T SOUND TO ME LIKE THAT. THERE IS ANYTHING THAT WOULD BE A ZONING VIOLATION. THERE ARE NO EXTRAORDINARY THINGS GOING ON THERE. SO IT LOOKS LIKE SOMETHING THAT IS REASONABLE. I JUST. I GUESS MY ONE THING ABOUT IT TOO, IS WE DON'T HAVE THE FULL SCOPE OF WHAT THIS PROPERTY IS GOING TO BE. SO I THINK THAT THAT'S ONE THING TO FOCUS ON THERE. SO TALKING IF THIS IS GOING TO BE DETRIMENTAL TO THE PEOPLE, I MEAN OBVIOUSLY THEY'VE ECHOED THAT. THERE'S GOING TO BE SEVERAL ISSUES ABOUT GETTING PREEXISTING, YOU KNOW, THEY'RE PULLING OUT THEIR TRAILERS, THINGS LIKE THAT. WHAT'S THAT GOING TO DO TO THE ACCESS POINT. AND I THINK ALL OF THAT WOULD DEFINITELY HAVE TO BE CONSIDERED THROUGHOUT SOME OF THIS STUFF. BUT, RON, I'D BE CURIOUS. YOU WERE TALKING ABOUT REAL ESTATE DEVELOPMENTS THAT CAME INTO YOUR NEIGHBORHOOD, AND YOU SAID THAT THOSE THINGS BENEFITED YOU. IN WHAT WAY? GOT RID OF WHEAT PATCHES TO BEGIN WITH. YEAH. AND IT ALWAYS BROUGHT A LIGHTED PARKING LOT AND GOOD NEIGHBORS. ALONG WITH THE BIG BUILDINGS. ANY OTHER COMMENTS OR OR ANYTHING ELSE? NO, I DON'T HAVE ANYTHING MORE. ANYTHING ELSE? SCOTT? NO. OKAY. DID YOU HAVE ANYTHING? I MEAN, I DON'T THINK THE VARIANCE IS GOING TO HINDER OR IMPROVE ANY OF THE ISSUES. I MEAN, NARROW ALLEY AND IT'S GOING TO STAY THAT WAY. THE ROCK, NO MATTER IF YOU BUILD A HOUSE THAT CAN MEET ALL THE STANDARDS, YOU'RE STILL GOING TO CONTEND WITH THAT. SO OTHER THAN THAT, I DON'T THINK THE VARIANCE TO HAVE THE SETBACK INCREASED IS. HINDERING THE PROPERTY OR MAKING THINGS EASIER FOR THE SURROUNDING AREA. OKAY. DID YOU HAVE ANYTHING WRONG? NO I DON'T. OKAY. ALL RIGHT. HERE WE GO. YOU CAN. I'M GOING TO MAKE A MOTION TO APPROVE THE VARIANCE BEYOND THE REQUIRED MAXIMUM OF 20FT. I NEED A SECOND. I'LL SECOND IT. THOSE IN FAVOR OF THE MOTION, PLEASE SAY I, I. THOSE OPPOSED, PLEASE SAY NAY. VARIANCE HAS BEEN APPROVED. SORRY. HERE WE. ARE. THESE. ARE FOR THE BOARD OF ADJUSTMENT IS CONSIDERED THE [Additional Item] REQUEST PURSUANT TO CITY OF IDAHO FALLS COMPREHENSIVE PLAN. CITY OF IDAHO FALLS ZONING ORDINANCE. CITY OF IDAHO FALLS SUBDIVISION ORDINANCE. THE LOCAL LAND USE PLANNING ACT AND OTHER APPLICABLE DEVELOPMENT DEVELOPMENT REGULATIONS. THE PROPERTY IS CURRENTLY ZONED TN. TRADITIONAL NEIGHBORHOOD DEVELOPMENT WILL STILL BE CONSISTENT WITH THE INTENT OF SECTION. 11 DASH THREE 311 34E OF THE COMPREHENSIVE ZONING ORDINANCE AND THE OBJECTIVES OF THE COMPREHENSIVE PLAN. IF THE VARIANCE IS GRANTED, SHAPE OF THE PROPERTY CREATES A PHYSICAL LIMITATION ON THE DEVELOPMENT THAT IS GENERALLY APPLICABLE TO OTHER APPLICABLE TO OTHER PROPERTIES. THE HARDSHIP RELATED TO PROPERTY SHAPE DUE TO THE CONSTRUCTION OF HIGHWAY 20 AND [00:35:01] THE REQUIREMENT FOR THE MAXIMUM SETBACK, WERE NOT CREATED BY THE PROPERTY OWNER. ALLOWING THE DWELLING UNITS TO BE SET BACK BEYOND THE 20 FOOT MAXIMUM INCREASES. THE DISTANCE FROM HIGHWAY 20 ALLOWS THE UNITS TO BE CLOSER TO THE ALLEY, MAKING ALLEY ACCESS TO THE LOTS AND GARAGES EASIER. GRANTING A VARIANCE TO ALLOW SETBACKS BEYOND THE MAXIMUM STANDARDS IN THE TN ZONE DOES NOT CONFLICT WITH THE PUBLIC INTEREST OR CREATE A NUISANCE OR POTENTIAL HARM TO THE NEIGHBORHOOD IN WHICH IT IS LOCATED. THEREFORE, ALLOWING THE VARIANCE IS CONSISTENT WITH THE CRITERIA FOR GRANTING A VARIANCE AS OUTLINED IN THE SECTION 11 65G, AS WELL AS SECTION 60 7-6516 OF IDAHO CODE. CAN I GET A MOTION TO APPROVE THE RELEVANT CRITERIA AND STANDARDS? I'LL MAKE A MOTION THAT WE APPROVE IT AS WRITTEN AS READ. I'LL SECOND IT. THOSE IN FAVOR, PLEASE SAY I, I. THOSE OPPOSED? PLEASE SAY NAY. RELEVANT CRITERIA AND STANDARDS. PASSES. CLOSE. ALL RIGHT. THANK YOU EVERYBODY. AGAIN I THINK IT'S A LITTLE LATE. OKAY. THANKS, RON. THANK YOU, EVERYBODY, FOR YOUR TIME COMING * This transcript was compiled from uncorrected Closed Captioning.