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Residents challenge development plan

by Conor CHRISTOFFERSON<br
| June 1, 2009 9:00 PM

SANDPOINT — A local developer’s plan to transform the former St. Joseph’s Catholic Church into a community center recently earned the Planning Commission’s seal of approval, but a pair of nearby residents are now challenging that decision.

Thomas and Gail Lyster, who live less than a block from the proposed development, are appealing the commission’s decision to grant Bruce Pedersen a conditional use permit for the property, according to city documents.

If approved by the city, the development would span nearly two city blocks from Boyer Avenue to a half-block from Fifth Avenue, and from Oak Street to Church Street. It would feature an indoor hockey rink, a three-story, 90,000-square-foot parking structure and 135,000 square feet of mixed-use space, including commercial and housing units.

At its May 19 meeting, the commission handed Pedersen his first victory when it approved a conditional use permit to allow the development’s recreation center and housing components. But before shovels can hit the dirt, Pedersen needs approval from the City Council to rezone the property from Residential B to the more intensive Residential C and Professional Office zones. With the appeal, Pedersen will also need the council to sign off on his conditional use permit.

Conditional use permits are the domain of the Planning Commission unless appealed, in which case they fall under the jurisdiction of the full council.

Pedersen said he was not expecting the decision to be appealed, but remains confident that his plans are in line with city code.

“It did surprise me,” he said. “I thought we’d kind of put that behind us, but I guess that’s what the system is for. I think if you look at the meat of their arguments … I don’t think they hold a lot of water.”

In the appeal, the Lysters argue the development is inconsistent with a number of city zoning laws and does not fit with the recently-passed comprehensive plan.

If the council sides with the Lysters and denies the permit, Pedersen’s only recourse would be to appeal the decision to a district court judge, according to Planning Director Jeremy Grimm. Pedersen said he will wait for the council’s ruling before making any decisions.

“I’m not prepared to make that decision right now,” he said. “I’m optimistic. It’s a solid project and we’ve done our homework and I would think that they City Council would be forward thinking enough to recognize that as well.”

Both the appeal and Petersen’s rezone request will be on the agenda at June’s council meeting.