City reads rationale for conditional use permit denial

 A special city council meeting was held Oct. 29, in part, to provide rationale behind its decision not to grant the county a conditional use permit to utilize a property off E. Main Street as an office for newly elected prosecuting attorney True Pearce.

 Last summer, Washington County commissioners approved the purchase of a property at 343 E. Main St. for that purpose.

 A new office is needed as a result of the May primary election where Pearce surfaced as the victor in the race for county prosecuting attorney.

 For at least 50 years, the county has not needed to provide office space for its prosecuting attorneys, all of them choosing to work from their own offices.  

 The latest was Delton Walker who performed county work from his practice, Walker Law, also located off Main Street, for at least 15 years.

 Pearce currently does not have a working practice in Weiser and, according to  commissioners, there is no room for him in the courthouse or its annex, which is currently undergoing renovation. The situation triggered the county’s property search, commissioners ultimately approving the 343 E. Main St. purchase.

 City of Weiser Planning and Zoning, however, later voted not to recommend for approval the county’s request for a conditional use permit to run the office from what has historically been a private home, though at least one business, reportedly a chiropractor, operated from the location in the past.

 The Weiser City Council held a public hearing on the matter Wednesday, Sept. 23, council members unanimously voting to support planning and zoning’s recommendation to deny the request.

 The reason behind the denial was read during the Oct. 29  special council meeting.

 “This document shall serve as memorialization of the rationale for the approval or denial of a conditional use permit, which shall be based upon relevant criteria and standards, including the Weiser Comprehensive Plan, Weiser City Code and Idaho Code (see I.C. Sect. 67-6535),” according to a city council “Reasoned Statement.” The property at 343 E. Main St., the city said, is currently zoned and located in the A Residential District, Low Density – Single Family.

 “Pursuant to Weiser City Code 10-7-1, allowed uses in this zone are: A professional office of a surgeon, physician, dentist, lawyer, clergyman or other professional person using his residence for the consultation, emergency treatment or performance of religious rites only, and not for the general practice of a profession,” the statement read, in part.

 City code also offers a long list of conditional uses that does not specifically include a prosecuting attorney’s office.

 It goes on to explain that under code (10-18-1 and 10-18-2) in order to grant a conditional use permit, the city is, “required to find that the proposed use for the subject property is desirable to the public convenience and welfare and will be in harmony with the various elements and objectives of the comprehensive general plan …”

 The statement continues, in part: “The conditional use permit application and the proposed use for the subject property are not in conformance with city code 10-8-1 and 10-8-2. The proposed use for the subject property is not desirable to public convenience and welfare and not in harmony with the various elements and objectives of the comprehensive general plan due to the single-family nature of the neighborhood, the historic nature of the neighborhood, the city’s goal of respecting and maintaining the character of the neighborhood and zoning district.”

 The county, however, has apparently been moving forward with improvements on the property.

 During an Oct. 21 commissioners meeting, commission members noted that it may be possible to house deputies at the Main Street property under their interpretation of city code, which would allow them to find space for Pearce in the remodeled annex.

 “Based on what I found in the code, even if the prosecutor couldn’t go there, somebody could fill that building because of the way the city code reads,” said Commission Chair Lyndon Haines. “To me, there is no way around it.”

 “Like you said, we have to put the sheriff’s deputies in there and put him (Pearce) in the new building. We can make it work one way or another the way I read that code,” said Commissioner Nate Marvin. Most recently, Commissioner Gordon Wilkerson told the Signal American that the commission is currently working on an appeal, asking that the city reconsider its decision, which it will submit to the City of Weiser.

 “We are moving forward to clean the property up and at this point, we are waiting for an appeal with the city and we’ll see what they have to say,” he said. “It doesn’t matter what we do with it (the property). At this point, there are things that need to be done. If we have to resell, these are still things that need to be done. Either way, it’s just maintenance.”