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HomeMy WebLinkAboutRFD - 23-00404 - Tait Wood Shop Home Business - CUP(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 23-00404 – Tait Wood Shop Home Business – 455 Twisted Willow - CUP 1. June 23, 2023, An application was received for a CUP from Jordan Tait. 2. June 26, 2023, Application paperwork was completed. 3. June 23, 2023, Payment was received for the application. 4. July 10, 2023, Staff Reviews were completed. 5. July 28, 2023, Notice was sent to the newspaper to be published on August 1, 2023 & August 8, 2023. 6. July 31, 2023, Staff Report was completed. 7. July 31, 2023, Notice was mailed to all property owners within 350’. 8. August 10, 2023, Notice was posted on the property. 9. August 17, 2023, the application was presented to the Planning & Zoning Commission. (video index 0:32:23) 1. (23-00404) Tait Wood Shop Home Business CUP – Located at 455 Twisted Willow, the application is requesting a Conditional Use Permit to allow a wood shop home based business. – Jordan Tait (Action) Jordan Tait presented his application. He showed his company website on the screen to show the dining sets that he has built. He explained that he was doing this part time out of his garage, but has since built a shop on the side of his home specifically for this purpose and was guided that before he could get the Certificate of Occupancy for the shop he would need to get the Conditional Use Permit approved. Eric asked Mr. Tait if he anticipated truck traffic for shipping. Mr. Tait responded that he does not since he picks up his own lumber in order to select it himself. Sally asked about shipping the products. He responded that he delivers all pieces either to a Fedex facility near Blackfoot or to the clients home. Eric expressed his concern with future truck traffic. Mr. Tait explained that if his business grows, he will get commercial space. Eric asked about any waste, noise and if everything was contained. Mr. Tait advised there was none, indicating that a close neighbor was in attendance and could confirm, and that unless the door was open for fresh air, all materials would be inside the shop. Eric asked if Mr. Tait would object to conditions of truck traffic and containment being added to the CUP. Mr. Tait responded he was not opposed. Attorney Rammell advised that he had a legal issue with the conditions since the code already calls out those out, and the nature of a CUP is that staff has reviewed those things. He explained that if it becomes an issue, then code enforcement comes in. He stated that it is (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org essentially already addressed and he advised against putting a prohibition on commerce and transportation. Vince asked if he drove by house Mr. Tait’s home if it would look different than a garage. Mr. Tait responded yes, only because there is a port a potty outside of it for his employee, otherwise, no. Vince commented that the City will hear from neighbors if it is a problem. Kyle presented the Staff Report. He began by showing the Home Business requirements in the Development Code on the screen. He concluded that staff has reviewed the application and all requirements have been met, so Staff is asking that the Commission considers recommending the application to City Council for approval. Chairperson Smith opened the public input portion of the hearing at 7:10 pm. In Favor: Tammy Geddes lives right across street. She stated she is for the Tait’s, but had a question about the sawdust and if there will be something included about having to dispose of it accordingly. Kevin Baxter stated that he is for this and in relation to the sawdust that may potentially become an issue, sawdust is an efficient oil spill cleanup for concrete and other surfaces. He is for the zoning change so that Mr. Tait can get his business under operation and can potentially sell the sawdust to those in shops who need it to clean up oil. Neutral: none Opposed: Kirby Forbush introduced himself as the developer of Willowbrook. He stated that there are covenants that do not allow commercial business. He informed the Commission that when Mr. Tait built his shop he dumped the sod onto Mr. Forbush’s undeveloped lots and never removed it, and has dumped sawdust on there as well. He reported that he only spends time in the subdivision when he is required to mow his empty lots around the 4th of July and there were trucks delivering materials to Mr. Tait at that time. He referred back to the covenants not allowing businesses and this is in direct conflict to the covenants. He mentioned that Mr. Tait’s fence is not in compliance with the covenants and Mr. Tait has expressed that he needs time to fix it. Mr. Forbush concluded that he is against this. Written Correspondence: none Rebuttal: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Mr. Tait stated there were a number of inaccuracies in Mr. Forbush’s assessment. He spoke to the sawdust that Ms. Geddes and Mr. Baxter had referred to. He stated that he has purchased a pellet maker to turn his sawdust into wood pellets to sell to those with pellet stoves and indicated it is a delicate process. He addressed Mr. Forbush’s statements, beginning with the sod that Mr. Forbush claimed came from his shop. He stated that he did not put it there but could not deny that it came from his shop. He explained he had hired a builder who had postponed the project, then dug the hole while Mr. Tait was on vacation. Approximately 2 months later Mr. Forbush approached him about the sod. Between building the shop himself and the business, he currently doesn’t have the funding to do what Mr. Forbush is asking him to do. He stated that he is waiting for Mr. Forbush to show him the section of the covenants that indicate the fence standards but didn’t think that was relevant to this hearing. He began to tell about a confrontation with Mr. Forbush when Attorney Rammell advised that while Mr. Tait has the right to rebut specific claims, but that covenants are between homeowners and developments and are not relevant to this decision. Mr. Tait inquired if Attorney Rammell meant that he should not address the covenants. Attorney Rammell responded that with the things said, he has a procedural right to rebut, but there is a line between fences and covenants and an alleged altercation that is more personal in nature and does not have any bearing on this. Mr. Tait offered that his purpose in bringing it up was to point out the inaccuracies in Mr. Forbush’s testimonies as he felt Mr. Forbush was trying to paint a picture of him that he felt was not accurate. Mr. Tait resumed his account of Mr. Forbush being upset about the sod. He admitted that his children use sawdust as lining in their bunny cages and have dumped the used sawdust into the field and that he will address them to stop. He added that he had rented equipment and moved the sod. He concluded that he didn’t put the sod there, didn’t authorize it to be there, but it is gone. Chairperson Smith closed the public input portion of the hearing at 7:21 pm. Conflict of Interest/Ex parte Communication: Chairperson Smith asked the Commissioners to disclose any conflicts of interest or conversations held outside of this meeting relative to this particular subject. Commissioner Discussion: Sally asked Kyle for the difference between a commercial business and a home-based business. Kyle responded that the Conditional Use Application is for a home-based business, which is allowed in residential zones. Eric inquired about the zoning and HOA relationship, and which would take legal precedence. Attorney Rammell explained that the City does not address HOA’s, HOA’s are based on individual agreements, contracts, and the enforceability of the covenants. He advised that in this type of Planning & Zoning forum, it is not appropriate to bring up or base any land use decision on them. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Alan explained that commercial entities are dedicated strictly for commercial, there are no other uses, where this is in a home and no different than piano lessons or a psychologist doing counseling in their home, and it is not ruled a commercial zone. Commissioners asked to see the definitions in the Development Code on the screen. Randall asked if staff had reviewed this application against the standards and if the standards were met. Kyle confirmed, then briefly reviewed the requirements in the Development Code. Attorney Rammell further explained that the ruling of the board tonight does not trump or act as a safeguard between covenant and contracts between individuals and that the City will not enforce private agreements. Vince asked if the Commissioner’s should forget that the HOA covenants were mentioned. Attorney Rammell guided that there were additional statements made besides covenants, but that votes should not be based on covenants that haven’t been seen. Vince confirmed he had not seen the covenants. Eric commented that from a land use perspective, the lot size is plenty big for a shop. He thinks that as long as all conditions are met, there is no reason why a home-based business couldn’t survive and thrive in that area. He expressed his concern about the business growing and additional traffic but acknowledged that conditions are there and enforceable. Randall stated he wouldn’t feel comfortable denying the permit based on the fact that he has met the requirements and staff has reviewed and recommended it. Vince added that in addition to requirements being met, the applicant’s neighbor is known to the commission will report nuisances as she is involved and not afraid to voice her opinion if needed. Eric noted his concern about the potential of waste materials being dumped on a vacant lot next door and how that would be addressed. Alan specified it would be a code enforcement issue. McKay voiced his support for the use. MOTION: Motion to recommend to City Council the approval of the Conditional Use Permit for the Tait Woodshop Home Business as discussed, meeting all requirements of the CUP and assurances that the business will comply with requirements and conditions. Action: Approve, Moved by Eric Erickson, Seconded by Todd Marx. Commissioner Discussion on the Motion: none (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org VOTE: Motion carried. (Summary: Yes= 9, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith (Chairperson), Bruce Casper, Eric Erickson, Vanessa Johnson, McKay Francis, Aaron Richards, No: none Abstain: none 10. September 6, 2023, application was presented to City Council. Planning and Zoning recommendation to approve a Conditional Use Permit (CUP) to allow a wood shop home based business in Rural Residential 2 (RR2) Zone at 455 Twisted Willow, Rexburg, ID #23-00404 – Alan Parkinson City Planner Baldwin mentioned some of the concerns the Planning and Zoning Commissioner brought forward. Council Member Johnson said one of the CUP requirements is that the business will not alter property. She wondered how a porta potty in front of home does not alter the property. Mr. Tait explained the only feasible location for the porta potty in his front yard so that the company cleaning out the porta potty has access. Mayor Merrill asked Mr. Tait how many employees he has working for him. Mr. Tait replied there is only one employee at this time and by the time he expects to hire another employee he will move to a commercial space. Planning and Zoning Administrator Parkinson recommended putting a time limit of how long the porta potty could be on his property. City Attorney Zollinger said the Development Code has a temporary use of 180 days and then porta potty would have to be removed. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Council Member Flora moved to approve a Conditional Use Permit (CUP) to allow a wood shop home based business in Rural Residential 2 (RR2) Zone at 455 Twisted Willow, Rexburg, ID with a condition to remove the porta potty in six months; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried.