Conditional use · Planning application
Service provider use approved for 3,560-square-foot commercial building
The Planning and Zoning Commission approved the permit with conditions on July 15. The existing building would serve as a base for crews working at job sites elsewhere. Conditions include parking, a wider driveway, new fencing and trees.
From the filing
The application's description as it appears in City of Garden City's record. See the official record
The applicant requests a conditional use permit to use an existing building at 109 W 38th St. and W 38th St. in Garden City as a service provider, such as a contractor or cleaning company whose employees work from the site. The site is 0.51 acres, the building is about 3,560 square feet, and no exterior changes to the building are proposed. The applicant plans a 6-foot wooden fence set back along Stockton Street with a landscaped strip.
Bruce Gestrin with Proctor Family Trust is requesting a Conditional Use Permit for Service Provider at 109 W 38th Street & W 38th Street; Ada County Parcels #R2734511512 and #R2734511494, located in the C-2 Mixed-Use Commercial District.
Timeline
July 15, 2026
Approved
Garden City Planning and Zoning Commission: Approved. Decision signed July 16, 2026.
July 15, 2026
Public hearing: Garden City Planning and Zoning Commission
May 20, 2026
Public hearing continued to July 15, 2026
Garden City Planning and Zoning Commission: the May 20, 2026 hearing was moved to July 15, 2026.
Documents
Plans
- Download Affidavit of non-ownership for fence along west and north property lines
A sworn affidavit stating that a chain link fence with barbed wire on the west and north sides of the property is not part of the property and predates the current owner's interest.
July 7, 2026 · 2 pages · 447 KB · Revised plans
Staff reports
- Download Staff report for conditional use permit
Staff recommends approval with suggested conditions for a service provider use, reviewed under GCC 8-6B-2 for the July 15, 2026 Planning and Zoning Commission hearing.
July 14, 2026 · 17 pages · 845 KB · Staff Report
- Download Staff report draft for conditional use permit
Garden City staff report recommending approval with conditions for a service provider conditional use permit, covering project information, decision process, agency and public comments, and code review.
Yesterday · 17 pages · 956 KB · Staff Report
Decisions
- Download Findings of fact, conclusions of law and decision on conditional use permit
Planning and Zoning Commission decision, signed July 2026, on a conditional use permit for a service provider use, with findings on zoning, flood hazard status and applicable standards.
July 15, 2026 · 9 pages · 214 KB · Decision
Notices
- Download Affidavit of property posting for public hearing notice
Notarized affidavit attesting the property was posted at least 17 days before the July 15, 2026 hearing on a conditional use permit for service-type businesses.
Yesterday · 2 pages · 4.4 MB · Notice
Application
- Download Conditional use permit application form
Garden City conditional use permit application for a proposed business use, with applicant and owner details, property and design information, and written justification answers.
Yesterday · 40 pages · 3.4 MB · Application packet
Correspondence
- Download Idaho Transportation Department comments
The Idaho Transportation Department's District 3 office reports no comments or concerns on the conditional use permit application, per a May 5, 2026 email.
May 4, 2026 · 3 pages · 324 KB · Agency comment
- Download Idaho DEQ comments on air quality and fugitive dust
Idaho Department of Environmental Quality letter to Garden City advising on air quality permits, fugitive dust rules and a recommended dust prevention and control plan.
May 3, 2026 · 4 pages · 715 KB · Agency comment
- Download City engineer comment: no objection
Joseph Canning of Centurion Engineers replies to the city's agency notice that he has no comments, since the use does not change the site or building exterior.
April 29, 2026 · 3 pages · 360 KB · Agency comment
