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Home My WebLink AboutRFD - 24-00742 - Hepworth Caretaker Residence - 145 W 2nd N - CUP(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 24-00742 – Hepworth Caretaker Residence – 145 W 2nd N - CUP 1. August 21, 2024, An application was received for a CUP from Sephlin and Daric Hepworth. 2. August 21, 2024, Application paperwork was completed. 3. September 6, 2024, Payment was received for the application. 4. September 6, 2024, Staff Reviews were assigned. 5. August 28, 2024, Staff Reviews were completed. 6. September 30, 2024, Notice was sent to the newspaper to be published on October 1, 2024 & October 8, 2024. 7. October 14, 2024, Staff Report was completed. 8. September 30, 2024, Notice was mailed to all property owners within 350’. 9. October 8, 2024, Notice was posted on the property. 10. October 17, 2024, the application was presented to the Planning & Zoning Commission. Public Hearing – (24-00742) Hepworth Caretaker Residence – Conditional Use Permit – The applicant is requesting to use an existing office building, located at approximately 145 W 2nd N in a Light Industrial (LI) zone, as a residence. – Sephlin and Daric Hepworth (Action) Presentation: Alan showed the location of the property on the map and explained that the office would be converted into a house and because of the Light Industrial zone, it requires a Conditional Use Permit (CUP) to allow a residence. Sally asked if the caretaker residence would be rented. Alan clarified the applicant’s son would be living there. Vince clarified it is an allowed use but requires a CUP. Alan agreed and added that the building would need to come up to code. Chairperson Smith opened the public input portion of the hearing at 6:46 pm. Favor: none Neutral: none Opposed: none Written Correspondence: Eastern Idaho Railroad – Alan asked for the letter to be read into the record. Vince read the letter out loud. Sally asked for further explanation on the Railroad’s right-of-way. Alan explained that the request is located on private property, and the proposed caretaker residence does (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org not encroach on the Railroad’s right-of-way. He showed the approximate right-of-way on the map. Brian asked if the opposition from the Railroad was a general concern for any land use next to the Railroad’s tracks. Alan replied that this is the first time the Railroad has responded to any land use notices. He indicated that there are other residences in town that are located closer to the tracks. Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 6:52 pm. Commissioner Discussion: Randall stated that the applicant owns property and should be aware of risks, and he doesn’t see any issues with the location in regard to the railroad. He speculated the Railroad company is dotting their “I’s” and crossing their “T’s”. Vince added the Railroad company is covering their liability. Randall concluded that he does not think the Railroad’s concerns trump the owner’s property right or ability to do what they want with their properties. Sally reiterated that this is in accordance with the comprehensive plan for the area. MOTION: Motion to recommend to City Council the approval of the Conditional Use Permit (CUP) for this property for the reasons discussed: it is allowed in the Comprehensive Plan and appears to be safe despite the Railroad’s concerns. Action: Approve, Moved by Randall Kempton, Seconded by Brian Thackeray. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 6, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Vanessa Johnson, Brian Thackeray No: none Abstain: none 11. November 6, 2024, application was presented to City Council. Planning & Zoning recommendation to approve a Conditional Use Permit (CUP) to allow a caretaker residence in Light Industrial (LI) zone located at 145 W 2nd N #24-00742 - Alan Parkinson P&Z Administrator Parkinson reviewed the Planning and Zoning Staff Report for the Conditional Use Permit (CUP) to allow a caretaker residence in Light Industrial (LI) Zone located at 145 W 2nd N. The owner has asked to repurpose the existing building into a caretaker cottage for someone to live on site, which is allowed with the approval of the CUP. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Council Member E. Erickson questioned that with the repurposing of the existing building the owner will need to meet the current building code. P&Z Administrator Parkinson replied yes, the building will need to meet the current building codes some of those requirements include inspections. Council Member Chambers moved to approve a Conditional Use Permit (CUP) to allow a caretaker residence in Light Industrial (LI) zone located at 145 W 2nd N; Council Member Reeser seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member E. Erickson Council Member Reeser The motion carried.