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HomeMy WebLinkAbout2024-04-23 Hearing Examiner MinutesAPPROVED HEARING EXAMINER REGULAR MEETING MINUTES Tuesday, April 23, 2024 @ 1.38 pm Caldwell Police Department, Community Room, 110 S. 5t" Avenue, Caldwell, Idaho CALL TO ORDER— Hearing Examiner, Ms. Sabrina Durtschi opened the meeting for the public hearing at 1:38 p.m. REVIEW OF PROCEEDINGS (OPENING STATEMENT) —Ms. Sabrina Durtschi outlined the procedures for the public hearing. MEMBERS PRESENT: Angelica Gomez (Administrative Assistant); April Cabello (Planner I); Morgan Bessaw (Deputy Director). CONSENT CALENDAR: The Hearing Examiner approved the March 26, 2024 Hearing Examiner Meeting Minutes as drafted OLD BUSINESS: Nave NEW BUSINESS: ACTION ITEM. Public Hearing (Quasi -Judicial): Case Number: SUP24-000002: Five & Co Homes, on behalf of Ryker Bingham, is requesting special use permit approval to construct a new duplex structure on a parcel that is zoned Hospital District, which requires special use permit approval. The parcel is 0.15 acres, all existing structures will be removed from the site. The site is located on the west side of Fairview Ave., approximately 150 north of logan St., in Caldwell, Idaho at 1608 Fairview Ave. April Cabello (Planner I) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. In response to the Hearing Examiner's questions, Ms. Cabello stated the applicant was not yet aware of the modified conditions recommended in the presentation. Ms. Cabello also agreed with the clarification that all residential uses in the hospital district would require a special use permit, not just a duplex use. Tabitha Forrest (Applicant) 18613 Prescott Ln., signed in favor of the request and provided a description of the application. She also stated they had no issues with the modified condition, In response to the Hearing Examiner's questions, Ms. Forrest stated: • The design of the duplex fits with the neighborhood. • A neighborhood meeting was held. • The neighbors were concerned about the height and parking and overcrowding. • There is no space for a garage or covered parking on site. • Feedback from the roundtable meeting was to pave the entire alley way if the parking was moved to the rear of the structure. The Public Hearing was opened: 1. Ed Doty 109 E. Morrison St., signed in favor, stated there is a need for more residences in their area. He is concerned with parking and safety. 2. Marylin Ray 304 Mead St., signed in neutral, concerned with safety for children. 3. Darlene Harryman 1516 Fairview, signed in opposition, had concerns about number of units, parking, safety. She also read a letter from a neighbor that couldn't attend. Labeled the letter as Exhibit 1. In response to the Hearing Examiners question, Ms. Harryman suggested a garage in between the duplexes in front or back. In response to the Hearing Examiner's questions, Ms. Bessaw stated; • There is no max height in the hospital district. • They are meeting the code for parking. • They are meeting code requirements for setbacks, landscaping, and yard sizes. • The building's height is thirty-one feet. • The property owner would need to make alley improvements if they wanted access from the alley. • Did not receive comments back from Idaho Power. 4. Ed Dotty 109 E. Morrison St., signed in favor, was concerned with sewer. Tabitha Forrest (Applicant), in the rebuttal addressed questions and concerns from the public. Ms. Bessaw stated that Planning and Zoning does not require applicants to provide floor plans. Tabitha & Dustin Forrest (Applicants) continued the rebuttal and addressed questions and concerns from the public and Hearing Examiner. Ms. Durtschi closed the public hearing testimony at 2:35 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP24-000002: The Caldwell Hearing Examiner accepts the Findings of Fact and Conclusions of Law outlined in the staff report, public testimony, and the evidence list. All adopted ordinances, standards and codes were used in evaluating the application. The proposed use was conditionally permitted by the terms of the ordinance and such conditions of approval. ORDER OF DECISION FOR CASE NUMBERS SUP24-000002: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP24-000002 for Five & Co Homes is approved, subject to the conditions of approval listed in the staff report. ADJOURNMENT The Hearing Examiner adjourned the meting at approximately 2:36 p.m. The next regularly scheduled Hearing Examiner meeting is scheduled for Tuesday, May 28, 2024, at 1:30 p.m. Respectfully submitted by Angelica Gomez, Administrative Assistant MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, SABRINA DURTSCHI, ON THE DATE NOTED BELOW: I - 23- Z4 Durtschi Date A S r Date P-Obin ccmr4 r 1 i Pecw A digital recording of the public hearing is available upon request.