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Thec11. P (1 �-G so `<
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BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL,IDAHO
IN THE MATTER OF THE APPLICATION ) CASE NO. SUP-33-98,COURSE OF
OF SEAN MADRON FOR A SPECIAL USE ) PROCEEDINGS,GENERAL FACTS,
PERMIT TO OPERATE A BEAUTY SALON ) TESTIMONY,APPLICABLE LEGAL
(CUTTING EDGE)IN AN R-2 ZONE ) STANDARDS,COMPREHENSIVE
) PLAN ANALYSIS,FINDINGS OF
) FACT,CONCLUSIONS OF LAW,
) ORDER OF DECISION, AND
) ACTIONS APPLICANT COULD
TAKE
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of public hearing on
application SUP-32-98 to be held on June 11, 1998. Public notice requirements set forth in Idaho
Code, Chapter 65, Local Planning Act, have been met. On May 27, 1998, notice was published
in the Idaho-Press Tribune; on May 26, 1998, notice was mailed to all property owners within
300 feet of the project site and to all political subdivisions providing services to the site; and, on
June 4, 1998,notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Community
Development Department, Caldwell City Hall,and were available for review at the hearing.
II GENERAL FACTS
2.1 APPLICANT(S): Sean Madron, 3433 Southside Blvd., Nampa, ID., applying for Doneen
Lammey and Chris Fuller.
2.2 OWNER(S): Same as Applicant.
2.3 PROPOSAL: The Applicant seeks approval for a Special Use Permit to use an existing residential
structure located in an R-2 zone as a three-chair beauty shop for hair styling.
2.3.1 Applicant's narrative- The Cutting Edge Beauty Salon owners would like to move their business
from 714 E. Cleveland to 1724 Blaine Street. Owners of the Cutting Edge, Doneen Lammey and
Chris Fuller, have worked in the City of Caldwell for ten years and have been doing business as
the Cutting Edge for the last seven (7) years. The salon would be a benefit to the public by
continuing to provide the services of the three (3) registered cosmetologists who have
successfully been providing services to the public for many years. We will in no way adversely
affect the neighborhood or community. As business owners we would like to create a "home-
like"appearance to the premises and keep its integrity intact.
2.4 LOCATION: The proposed use will be located at 1724 Blaine Street.,Caldwell,ID.
2.4.1 Site Plan — The site plan shows the location of the proposed use on the southwestern corner of
Blaine Street and 18TH Street. Required parking [Section 10-2-05 (3) of the zoning ordinance] for
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the proposed use will be seven (7) spaces and the site plan indicates that there will be adequate
parking.
2.5 NATURAL RESOURCES AND HAZARDOUS AREAS: The project site is not within the near
vicinity of the Boise River or Indian Creek, and the site is not within a flood area.
2.6 LAND USE: The subject site is zoned R-2, Combined Medium Density Residential, and is
surrounded on all sides by R-2.
2.7 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential.
2.7.1 Medium Density Residential is defined as "suitable primarily for single-family residences as well
as two and three family dwellings. Other uses characteristic of medium density residential areas
such as churches, schools, group day care facilities, public facilities and limited neighborhood
commercial uses are appropriate. Mobile home parks and mobile home subdivisions may be
located in designated and selected medium density areas. The residential density is from 6 to 9
dwelling units per net acre."
2.8 AREA OF CITY IMPACT: The project site is not within the Area of City Impact.
2.9 PUBLIC FACILITIES:
2.9.1 Schools - The Caldwell and Vallivue School Districts were notified of the request through
mailing of the public hearing notice on May 26, 1998.
2.9.2 Fire Protection—The Fire Marshal was notified on May 27, 1998,but did not offer a response.
2.9.3 Utilities-Water/Sewer—Utilities and water/sewer will be from City services.
2.9.4 The City Engineer indicated that he did not need to comment on this application.
2.10 TRANSPORTATION: Access to the site will be from 18TH Ave.
2.11 PARKS, RECREATION AND OPEN SPACE: This request does not include parks, recreation
and open space.
2.12 HISTORIC AREAS: This property is within the City's area of historic significance.
2.13 HOUSING: This request is for approval to turn a residential property into a commercial business.
2.14 COMMUNITY DESIGN: The site has minimal landscaping. One sign may be placed in a
residential area for a Special Use, but shall not exceed 32 square feet in area, be illuminated or
placed in a vision triangle. Blaine Street is a principal arterial.
III TESTIMONY
3.1 Bud Knickerbocker presented the staff report, and Exhibit PZ-1000, a copy of the Assessor's map
showing the site and surrounding zoning; and Exhibit PR-3, a letter of protest and pictures
submitted by L. V. Beauchamp. Mr. Knickerbocker noted for the record that the Applicant was
now eliminating tanning, massage therapy and manicuring from the initial request and stated that
there would only be a beauty salon with three chairs.
3.2 Sean Madron, Applicant, spoke in favor of the request noting that the property had been vacant
for some time and that the property would retain its residential character; the existing garage
would be removed;more gravel would be placed on the alley adjacent to the salon.
3.3 Doneen Philips testified that she and her partner would be purchasing the house for use as a
beauty salon; their hours would be from 10:00 a.m. to 5:00 p.m. Monday through Friday and from
10:00 a.m. to 2:00 p.m. on Saturdays; the shop would be closed on Sundays and holidays; shrubs
and rose bushes would be installed;the sign advertising the shop would not be illuminated.
3.4 Liz Yeary, Steve Maughn, Bernice Perez, Madilyn Buckendorf, and Stephen Fisher spoke in
opposition stating that it was a historic area and is not compatible with residential neighborhoods;
traffic would be increased; and property values would decrease.
3.5 Sean Madron, in rebuttal, stated that parking would be in the back and would be accessed from
18`h Street;the size of the proposed sign would be reduced.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451
4.2 City of Caldwell Comprehensive Plan
4.3 Idaho Code, Chapter 65,Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS
5.1 The proposed project is not in compliance with the Comprehensive Plan as follows:
5.2 Residential Categories— 13.
5.3 Historic Areas—Policies 3 and 4.
VI FINDINGS OF FACT
6.1 Accept the general facts and testimony as findings of fact and include the following facts:
landscaping would be installed; the garage would be removed; there would be no changes to the
physical appearance of the structure;the request is for a 3-chair salon;the hours of operation were
proposed to be from 10:00 a.m. to 5:00 p.m., Monday through Friday with limited hours on
Saturdays and no hours on Sundays and holidays; there would be no commercial facade; the sign
would be reduced in size.
VII CONCLUSIONS OF LAW
7.1 The Commission has the authority to hear this Case and to approve or deny; public notice
requirements were met; and the hearing was conducted within the guidelines or Idaho Code and
City ordinances.
VIII ORDER OF DECISION
8.1 Based on the Findings of Fact and Conclusions of Law, Planning and Zoning members find that
Case No. SUP-33-98, a request by Sean Madron for approval of a Special Use Permit to use an
existing residential structure located in an R-2 zone as a three-chair beauty shop for hair styling,
is denied.
IX ACTIONS THE APPLICANT COULD TAKE TO OBTAIN A PERMIT
9.1 Commission members determined that there were no actions the Applicant could take in order to
receive a favorable vote.
THE PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD JUNE 11, 1998
APPROVED FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION.
WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW WERE APPROVED BY THE
PLANNING AND ZONING COMMISSION AT A MEETING HELD JUNE 25, 1998.
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Willian Roos, Chairman ATTEST:
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harles M(�urphy,Vic -Chairman Linda James, C unity Development Director
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