The Idaho Falls Board of Adjustment on Oct. 28, 2025, approved a conditional use permit to reduce the side setback for a detached accessory structure from 6 feet to 3 feet, allowing homeowner Randy Lourdes to rebuild a two-car garage on his R-1 property.
Randy Lourdes told the board he is "Okay. So my name is Randy Lourdes. Looking to rebuild my garage. There's an established building there. Been there since 1951," and described a kit-style 18-by-40 structure intended to accommodate a pickup and benching/tool space. The application, submitted Sept. 4, 2025, asked to reduce the side setback to 1 foot; planning staff recommended 3 feet to mitigate fire-separation and maintenance concerns.
Planning staff summarized site history and constraints: the parcel was annexed in 1952 and platted in 1954, a 2020 exchange of property lines significantly reduced usable frontage on the lot, and a 12-foot public utility easement across the rear prevents building there. Staff told the board that "anything closer than 3 feet requires additional fire separation," and that a 3-foot reduction would avoid some firewall requirements while giving a small maintenance buffer between structures.
A neighbor, Roy Balton of 575 North Ruffin Avenue, spoke in support: he told the board the applicant "absolutely has the full blessing of whatever it is that he needs to build that. So he's got full he's got absolutely everything from me as far as support." Board members noted the neighbor's support during deliberations.
Discussion among board members focused on safety and ongoing maintenance. Board members raised that stricter separation reduces risk from debris, roof runoff and invasive vegetation near property lines and cited personal experience with similar problems. Staff and the board clarified that if the board had granted a 1-foot setback the applicant would still be required to meet building and fire-code requirements, including a rated firewall if necessary, and that the variance "runs with the land," meaning it remains attached to the parcel regardless of ownership.
After deliberation a motion to approve the conditional use permit with the 3-foot side setback (rather than the 1 foot requested) was made and seconded; the board voted in favor and the motion passed. The board then read and adopted a statement of relevant criteria and standards documenting the findings that supported the decision.
The permit approval includes the condition that the applicant must meet applicable building- and fire-code requirements and the board discussed options to require maintenance measures such as approved guttering to control runoff. The city will verify compliance through the normal building-permit and inspection process.
The reduction applies only to the accessory side setback for the detached structure described in the application; other zoning requirements and the 12-foot public utility easement remain in effect. The board recorded the action as a conditional use permit to reduce the side setback from 6 feet to 3 feet.