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PLAI\NING AND ZONING
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120-foot tall advertising sign in a C-2 zone.
Testimony -
Linda James presented the staffreport.
Clayton Jones, Applicant, testified in favor and stated the following: the sign will be placed on the site in
compliance with the Engineering Department's requirem€nts; ttre 75-foot vadarce is necessary in order to install a
sign that can be seen ftom persons tsaveling I-84; approximately 30- to 50% ofthe restaurant's business will come
Aom persors taveling I-84; he is requestin! the sade visibility as other busioesses along 10s; as far as the line-of-
sight goes, the sign will not be any higher than the other business signs in the neighborhood.
Public Testimony Closed -Chairman Blacker closed public testimony.
Findings of Fact - Motion: Commissioner Beebe. Second: Commissioner Teraberry. Accept the general facts
outlined in the staff report as Findings ofFact and include the following Facts: all five of the variance criteria are
true; the Applicant testified that he will conrply with the requirernents of the Engineering Department and tbat the
variance is necessary irr order to provide the same advertising visibility as the other businesses along l0o already
have. Passed: Unadmous roll call vote.
Conclusions of Law - Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Commission
has the authority to hear this case and to approve or deny; public notice requirements were met, and the hearing
was conducted wittrin the guidelines of Idaho Code and City ordiEnces. Passed: Uraninous roll call vote .
Order of Decision - Motion: Comissioner Teraberry. Second: Comissioner Beebe. Approve Case No. VAR-
16-99, with the standard coaditions outlined in the staffreport. Passed: UnadEous roll call vote.
Public Hearing Closed -Chairmn Blacker closed the pubiic hearing and noted auyone wishing to appeal their
decision should see the Director of Community Development.
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D. Case No. SUP-71-99, a rcquest by Karen Ryals for a special use permit to conduct &iver training classes
in her home. The site is withia an R-l zone and is located at 204 E. Spruce.
Testimony -
Linda James presented the staffreport and Exhibit PR-1, which was a letter ftom Earl and Avis Martin who live at
223 E. Spruce. Mr. and Mn. Martin expressed their support ofthe Applicant's request.
Karen Ryals, Applicant, testified in favor and stated the following: the driver trainiag school is only one oftwo in
the State of Idaho that offen classes out of the home; the home is in coryliance with ADA; ,tro" .rs us"olly 24
students that come together at any one time.
Public Testimotry Closed -Chairman Blacker closed public testimony.
Findings of Fact - Motion: Comissioner Beebe. Second: Commissioner Teraberry- Accept the geneml facts
outlined in the staffreport as Findings ofFact and include exhibit PR-l, the lettsr of support. Passed: Unaoimous
roll call vote.
Conclusions of Laly - Motion; Cornmissioner Teraberry. Second: Commissioner Archuleta. Th€ Cornnission
has the authority to hear this case and to approve or deny; public notice requirerrents were met, and the hearing
was conducted within the guidelines ofldaho Code and City ordinances. Passed: Unanimous roll call vote.
Order of Decision - Motion: Commissioner Beebe. Second: Commissioner Teraberry. Approve Case No. SUP-
7l-99, with the standard conditions outlined in the staffreport. Passed: Unanimous roll call vote.
Pubtic Hearing Closed {hairman Blacker closed the public heariug and noted anyone vrishing to appeal their
decision should see the Director ofCornrnunity Development.****************+*****************************************************************
E. To hear concurrently Case Nos. SUP-72-99 and VAR-17-99, a request by Bryatr Kiser for variance from
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Minutes ofJanuary 13, 2000
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the requted lot size of6000 square feet to 4500 square feet aDd a special use psrmit to coDstruct a duplex
ia an M-l (Light Industrial) zone. The two-family 6nrglling would replace an existing single-family
dwelling.
Testimony -
Linda James presented the staff report and stated that the lot was a legal non-conforming lot and could have a new
single-family home constnrcted on the site because the existing single-family home was "grandfathered" in. The
variance is required because the Applicant wants to build a two-family dwelling and the lot does not meet the
required 6000 square feet. She also noted that there are numerous sma[ non-conforming lots in the City tbat were
legally created prior to adoption ofthe Zoning Ordinance.
Public Testimony Closed {hafunan Blacker closed public testimony
Fitrdings of Fact - Motion; Commissioner Beebe. Second: Comrnissioner Archuleta. Accept the general facts
outlined in the staff report as Findings of Fact and include the fact that all five of the variance criteria were found
to be true. Passed: Unanimous roll call vote.
Conclusions of Law - Motion: Comrissioner Arcbuleta. Secoud: Commissioner Teraberry. The Cosulission
bas the authority to hear this case and to approve or deny; public trotice requfuements were met, and the hearing
was conducted within the guidelines ofldaho Code and City ordinances- Passed: Unadmous roll call vote.
Order of Decision - Motiou: CommissioDer Beebe. Second: Commissioner Teraberry. Approve Case Nos. SLIP-
72-99 ard VAR-17-99, with the sandard conditioos outlined in the staff report. Passed: Unanimous roll call
vote.
Pub[c Ilerring Closed -{hairrnan Blacker closed the public hearing and noted anyone wishing to appeal their
decision should see the Director of Community Development.
VII. Planning Issues- ThEre vere no planning issues brought forward.
VI[. Adjournment -Chairman Blacker adjourned the meeting at approximately 8:30 p.rl
MINUTES APPROVED BY COMMISSION MEMBERS, AND SIGNED BY CHAIRMAN BLACKER, AT A
REGULARLY SCIIEDULED MEETING HELD +EBRt'f,Ftr'I!, 2OOO.
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Jim Blacker
ATTEST
Commudty Director
Minutes of January 13, 2000
Brian Kiser, Applicau! testified in favor and stated that the existing house is not in very good condition and that a
new duplex would be an ir4,rovement to the neighborhood. The stardard setback requirements can b€ met even
though the lot is small.
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building permit will have to be applied for and receive approval from the Community
Development Departrnent and Engineenng Department pnor to the sign being installed. Issues
involving the vision biangle and set backs will be addressed at the time ofthe building permitting
process.)
I[ TESTIMOIIY
3.1 Linda James presented the staffreport
).L Clayton Jones, Applicant, testified in favor and stated the following: the sign will be placed on
the site in compliance with the Engineering Department's requirements; the 75-foot variance is
necessary in order to install a sign that can b€ seen from persons taveling I-84; approximately
30- to 50% ofthe restaurant's business will come fiom persons traveling I-84; he is requesting the
same visibility as other businesses along 10m; as far as the line-of-sight goes, the sign will not be
any higher than the other business signs in the neighborhood.
III APPLICABLE LEGAL STAI\IDARDS
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3.1
3.2
3.3
City ofCaldwell 1977 Comprehansive Plan, as amended.
City of Caldwell Zoning Ordinance No. I 45 I , as amended
Idaho Code, Title 67, C}opter 65, Local Planning Act
IV VARIANCE PROCEDURE
4.1 Plarming and Zoning Commission members found that the following five criteria are true
A.That there are exceptional or extraordinary circumstances or conditions, applicable to the
property involved, which do not apply generally to other properties within the same
mning district.
That the exceptional or extraordinary circumstances in conjunction with a literal
interpretation and application of the regulation would result in undue hardship by
depriving the applicant of reasonable use and enjoyment of the property or of privileges
enjoyed by the owners ofother properties located in the same zoning district.
That the granting of the variance will not constitute a grant of special privilege.
That the granting of such relief will not be materially detrimental to the public health,
safety or welfare, or interest, or injurious to the property or improvements of other
property owners, or the quiet enjoyment of such property or improvement.
That the granting of the variance will not be in conflict with the spirit and intent of the
Comprehensive Plan and will not effect a change in zoning.
V COMPREHENSIVEPLANANALYSIS
B
5.1 Not applicable for this request.
C.
D.
E.
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VI FI}IDINGS OF'FACT
6.1
VII CONCLUSIONSOTLAW
7.1 The Planning and Zoning Commission has the authority to hear variance requests and to approve
or deny; public heanng notification requ ements were me! and the hearing was held within the
guidelines of applicable codes and ordinances.
VIII ORDER OF DECISION
8.1 Based on the Findings of Fact and Conclusions of Law, Planning and Zoning Commission
members find that Case No. VAR-16-99, a request by Clayon Jones for a 7l-foot variance in
order to install a 125-foot commercial advertising sign is approved with the following
conditions:
8.2 The specific terms and conditions placed on this variance shall run with the land and remain valid
upon a change of ownership. The variance approval is not transferable Iiom the prqect site to
another site within Caldwell.
8.3 Prior to installing the sign, the Applicant, or future assigns having an interest in the subject site,
shall obtain all building permits and other permits that may be applicable.
8.4 The sign shall be installed no later than one yeal ftom signing of the Order of Decision or the
Applicant shall seek a one-year time extension from the Community Development Director. If
t}te Director determines that significant development changes have occurred within the general
vicinity, the Applicant may be required to apply for approval for an amendment to VAR-16-99
following the public hearing procedures.
CASE NO. VAR-16-99 WAS IIEARD BY PLANNING AND ZONING COMMISSION MEMBERS
AT A PUBLIC IIEARING HELD JANUARY 13, 2OOO.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND THE ORDER OF DECISION
WAS ADMIMSTRATIVELY APPROVED AND SIGNED BY CHAIRMAN JIM BLACKER ON THE
DATE NOTED BELOW.
, /ev /o,)ATTEST:
Accept the general facts outlined in the staff report as Findings ofFact and include the following
Facts: all five of t}re variance critena are true; the Applicant testified that he will comply with the
requirements ofthe Engineering Departrnent and that the vanance is necessary in order to provide
the same ad.vertising visibility as the other businesses along 10t already have.
Jim Blacker Da#
Community Director
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PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
NAME:(/n, /"n J-on.. <
CIW/STATEZIP:/.-,,). {O *s'?, <
NAME OF CASE BEING HEARD:/4/Q - ,zd- i9
Check the appropriate Iine:
Applicant or Representativel
ln favor/
wish to speak_f,_
do not wish to speak_
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Written comments may be attached to this form or you may write them in below.
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STREETADDRESS: //A7 / Z) ,&.1..,,2 Q.,
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