The Hailey Planning and Zoning Commission unanimously denied a request to "up-zone" about a half-acre property on Myrtle Street from residential to business on Monday, saying that proximity to commercial activity does not qualify as a "hardship" for landowner Ted Uhrig.
Commissioner Michael Pogue said the decision would help limit "business creep" into old Hailey.
Consultant Linda Haavik and attorney Jim Phillips represented Uhrig at the meeting. They asked the commission to rezone seven lots at 17 Myrtle St. from General Residential to Limited Business zoning, because only a 26-foot alleyway separates the property from a sandwich shop, gas station and other businesses on Main Street.
"Limited Business zoning exists for the very circumstances that surround this property," Haavik said. "The owner has the impacts of the commercial zone across the alley and has no real possibility of developing for general residential."
Portions of Uhrig's property have been used as a staging and storage area for many years by the Uhrig Fencing company. This is an existing non-conforming use that the city will continue to allow as long as the use does not change. The owner's representatives said Monday that Uhrig has no plans to sell or develop the property but was "preparing for the future" by seeking the rezone.
A successful rezone would increase the value of the property by increasing allowable building density and expanding the number and types of uses allowable on the property, including commercial uses.
Kathy Noble, who lives about one block south of Uhrig's property on First Avenue, told the commission that when she bought her house 35 years ago it was zoned Limited Business.
"The Urhigs were in compliance at one time," she said.
But the commission voted unanimously to deny the rezone, citing several issues, including the glut of commercial property in the city and opposition to changing zoning status on only a portion of a city block.
"Transitional zoning allows for a buffer between business and residential," Commissioner Michael Pogue said. "We are chipping away at this buffer with these rezones."
· In other Hailey news, a scheduled foreclosure sale of undeveloped portions of Sweetwater Community in Woodside subdivision was reset from Nov. 30 to Dec. 30, said attorney Jim Laski.
Tony Evans: tevans@mtexpress.com
