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[Call to Order]
ALL RIGHT, UH, WELCOME TO THE BOARD OF JUSTICE MEETING.WELCOME TO THE BOARD OF JUSTICE MEETING FOR, UM, DECEMBER 17TH, 2024.
THESE PROCEEDINGS ARE RECORDED, SO PLEASE SILENCE YOUR CELL PHONES.
BEFORE WE GET TO THE AGENDA, I WOULD LIKE TO EXPLAIN THE PUBLIC HEARING PROCEDURE.
CHAIRMAN WILL OPEN THE HEARING FOR PUBLIC TESTIMONY.
THE APPLICANTS WILL BE ASKED TO PRESENT THEIR APPLICATION.
STAFF WILL GO OVER A STAFF REPORT.
NEXT MEMBERS OF THE PUBLIC WILL HAVE AN OPPORTUNITY TO COMMENT ON AN AGENDA ITEM.
PLEASE KEEP IN MIND THE BOARD WILL NOT ANSWER QUESTIONS FROM THE PUBLIC.
HOWEVER, THE APPLICANT MAY ANSWER THEM DURING THE REBUTTAL PERIOD OF THE MEETING.
ANYONE WISHING TO SPEAK IN FAVOR OF THE APPLICATION WILL BE CALLED ON TO SPEAK FIRST.
ANYONE WISH TO SPEAK NEUTRAL WILL BE CALLED ON NEXT.
ANYONE IN OPPOSITION WILL HAVE AN OPPORTUNITY TO SPEAK.
ONCE CONCERNS OR COMMENTS ARE STATED, IT IS ON THE RECORD.
IT WILL BE CONSIDERED AND DOES NOT, IT WILL BE CONSIDERED AND DOES NOT NEED TO BE REPEATED.
FINALLY, THE APPLICANT WILL BE INVITED TO REBUT COMMENTS OR ANSWER ANY QUESTIONS BROUGHT UP BY THE PUBLIC IF THEY WISH TO DO SO.
THE, THE BOARD MAY ASK QUESTIONS THROUGHOUT THE PROCESS TO GATHER INFORMATION TO CLARIFY STATEMENTS THAT HAVE BEEN MADE.
THE CHAIRMAN WILL THEN CLOSE THE PUBLIC HEARING PORTION OF THE MEETING.
UNLESS THE PUBLIC HEARING IS CLOSED, THE PUBLIC WILL BE ALLOWED TO COMMENT.
THE BOARD WILL THEN DELIBERATE AND MAKE A DECISION.
THE BOARD MAY CHOOSE TO APPROVE, APPROVE THE CONDITIONS, OR TABLE THE APPLICATION FOR ADDITIONAL INFORMATION.
[Minutes: September 24, 2024 ]
SO OUR FIRST AGENDA ITEM IS MINUTES.UM, DO I HAVE A MOTION TO APPROVE MINUTES AS THEY ARE OR ARE THERE ANY ADJUSTMENTS THAT BE MADE? I'LL MAKE THE MOTION THAT WE APPROVE THE MINUTES AS RIGHT.
UM, THOSE IN FAVOR PLEASE SAY AYE.
THOSE AGAINST, PLEASE SAY NAY.
[CUP24-009: Revocation of Conditional Use Permit for Agricultural Tourism in the LM, Light Manufacturing and Heavy Commercial Zone ]
ALL RIGHT.WE WILL NOW OPEN THE MEETING, UH, TO THE APPLICANT.
WE'LL PRESENT HIS, UH, VIEWPOINT.
FIRST THANK YOU BOARD OF OH, THANK YOU, BOARD OF ADJUSTMENT.
AND, UH, SOME OF YOU HAVE MET ME THROUGH THE COURSE OF YOUR, UH, APPOINTMENTS TO THE BOARD, BUT WE APPRECIATE YOUR SERVICE TO THE CITY.
I'M WADE SANNER, THE COMMUNITY DEVELOPMENT SERVICES DIRECTOR.
UH, THIS SITUATION THAT THE CASE THAT YOU HAVE BEFORE YOU WAS A LITTLE DIFFERENT IN THAT THIS CITY IS THE APPLICANT IN THIS CASE, AND WHAT'S BEING REQUESTED IS THE REVOCATION OF THE UPIC BARNES CONDITIONAL USE PERMIT.
THAT CONDITIONAL PER USE PERMIT WAS, WAS GRANTED BY THE BOARD OF ADJUSTMENTS, UM, BACK A FEW MONTHS BACK AT THE BEGINNING OF THE YEAR.
AND SO I'LL GO THROUGH MY PRESENTATION EXPLAINING OUR CASE LAID OUT AGAINST THE UIC BARN.
I ALSO THOUGHT IT WOULD BE GOOD, THERE'S SOME ELEMENTS OF MY PRESENTATION THAT'LL GO OVER SOME CODE SECTIONS.
I THOUGHT IT WOULD JUST BE GOOD TO, UM, ILLUSTRATE WHAT THE CODE SAYS AND THOSE TYPE OF THINGS.
SO HOW ABOUT I JUMP RIGHT INTO IT? A OKAY.
CAN YOU CLICK ON THE PRESENTATION PLEASE? PERFECT.
SO THE FIRST IS WE'RE HERE TO LOOK AT A CONDITIONAL USE PERMIT.
THE BOARD OF ADJUSTMENTS IN THIS CASE HAS THE AUTHORITY TO GRANT CONDITIONAL USE PERMITS.
UM, PRIMARILY WHAT IT LOOKS AT IS THE CONDITIONS SPECIFIED BY THE ZONING CODE FOR CONDITIONAL USES.
THIS IS NUMBER THREE IN EACH PARTICULAR ZONE.
THE CITY COUNCIL OR BOARD OF ADJUSTMENT OR PLANNING AND ZONING COMMISSION MAY IMPOSE ADDITIONAL CONDITIONS, INCLUDING BUT NOT LIMITED TO THE MINIMIZING OF ADVERSE IMPACT ON OTHER DEVELOPMENTS OR ADJACENT PROPERTIES.
CONTROLLING THE SEQUENCE AND TIMING OF DEVELOPMENT, CONTROLLING
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THE DURATION OF DEVELOPMENT, ASSURING THE DEVELOPMENT IS MAINTAINED PROPERLY, DESIGNATING THE EXACT LOCATION AND NATURE OF DEVELOPMENT, REQUIRING LANDSCAPING OF ONSITE OR OFFSITE PUBLIC FACILITIES OR SERVICES, RESTRICTING THE HOURS OF OPERATION OF ANY BUSINESS OR OTHER COMMERCIAL ACTIVITY CONDUCTED ON THE PREMISES.SUCH OTHER CONDITIONS AS MAY BE NECESSARY TO PRESERVE THE CHARACTER AND HARMONY OF THE ZONE AND AVOID CONFLICT WITH THE GENERAL CHARACTERISTICS OF THE AREA DESIGNATED IN A COMPREHENSIVE PLAN.
SO THE BOARD OF ADJUSTMENT HAS AUTHORITY TO IMPOSE CONDITIONS ON APPLICATIONS FOR THOSE REASONS, BASICALLY TO MINIMIZE IMPACT, UH, FOR THAT DEVELOPMENT.
ALSO STATED IN THE CODE, UH, UM, THEY CAN GRANT A CONDITIONAL USE PERMIT.
THEY CAN ASK FOR MORE INFORMATION IN REGARDS TO THAT CONDITIONAL USE PERMIT, UH, SPECIFICALLY SOCIAL, ECONOMIC, FISCAL OR ENVIRONMENTAL EFFECTS OF THE PROPOSED CONDITIONAL USE.
UM, IT ALSO GIVES PROVISIONS OF HOW CONDITIONAL USE IS IMPOSED ON A PROPERTY, THAT IT'S NOT TRANSFERABLE FROM ONE PARCEL OF LAND TO ANOTHER.
AND THE ABANDONMENT OF, OR NON-USE OF A CONDITIONAL USE PERMIT FOR A PERIOD OF 12 CONSECUTIVE MONTHS SHALL TERMINATE SAID, CONDITIONAL USE PERMIT.
ANY PRIVILEGES GRANTED SHALL BE NO AND VOID.
SO IT GIVES A LOT OF THOSE PROVISIONS OF WHAT HAPPENS WITH HOW IT'S IMPOSED ON A PROPERTY.
AND THEN NUMBER SEVEN WAS THE ONE THAT PRIMARILY OF WHY WE'RE HERE, IT SAYS FAILURE TO COMPLY WITH THE CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT SHALL BE CAUSED FOR TERMINATION OF THE APPROVAL AND SHALL BE DEEMED TO BE IN VIOLATION OF THIS CODE.
I ALSO WANTED TO GO OVER OUR BUILDING PERMIT AND SITE PLAN, WHY WE HAVE THEM.
UH, THE PURPOSE OF THE SITE PLAN AND A BUILDING PERMIT IS TO ENSURE THAT A PROJECT PLANS COMPLY WITH LOCAL STANDARDS FOR LAND USE, ZONING AND CONSTRUCTION.
IT ENSURES THE HEALTH AND SAFETY FOR CURRENT AND FUTURE OWNERS AND OCCUPANTS.
IT'S USED TO ENSURE THAT CITY AND STATE BUILDING CODES ARE FOLLOWED PROPERLY.
IT PROVIDES A MEANS FOR COLLABORATION WITHIN THE CITY FOR INTERDEPARTMENT COMMUNICATION.
IT MINIMIZES DEVELOPMENT IMPACTS TO SURROUNDING PROPERTIES, AND IT ALSO ENSURES THAT ANY LOCAL SERVICE STANDARDS ARE MET, LIKE WATER SEWERS CONNECTED PROPERLY.
UH, THAT PROPER RIGHT OF WAY IS DEDICATED IN THOSE TYPE OF THINGS.
UM, IT'S REQUIRED WHEN A PERSON OR PUBLIC AGENCY SHALL CONSTRUCT, ALTER, MOVE, OR CHANGE THE USE OF A STRUCTURE OR UNDERTAKE ANY DEVELOPMENT.
AND ALSO INTERESTING TO NOTE THAT THIS PROVISION IS NOTHING IN THIS ZONING CODE SHALL ELIMINATE THE NEED FOR ATTAINING ANY OTHER PERMITS REQUIRED BY THIS CODE.
OTHER POLITICAL SUBDIVISIONS OR AGENCIES OF THE STATE OF IDAHO, INCLUDING, BUT NOT LIMITED TO BUILDING PERMITS, PLUMBING, ELECTRICAL, OR MECHANICAL PERMITS.
SO THERE ARE TIMES WHEN A VARIANCE IS GRANTED.
FOR EXAMPLE, IT DOESN'T ELIMINATE THE NEED FOR A BUILDING PERMIT ON THE PROPERTY.
SO JUST TO MAKE THAT CLEAR THAT A BUILDING PERMIT BASICALLY IS REQUIRED, UH, AND A SITE PLAN IS REQUIRED ALL THE TIME.
IT ALSO IS CALLED OUT WHENEVER WE'RE IMPROVING THE PROPERTY AS IT STATES IN THE COMMISSION.
UH, IT ALSO CALLS OUT IN THE INTERNATIONAL BUILDING CODE THAT THERE ARE SITE PLAN REQUIREMENTS AND BUILDING PERMIT REQUIREMENTS.
AND THOSE SECTIONS ARE CALLED OUT IN THE IBC.
THE INTERNATIONAL BUILDING CODE IS A CODE THAT'S ADOPTED BY THE STATE OF IDAHO.
SO THIS IS ACTUALLY AN IDAHO REQUIREMENT, IF YOU THINK OF IT THAT WAY, WITH THE INTERNATIONAL BUILDING CODE.
SO WE HAVE TO, WITH IMPROVEMENTS TO PROPERTY, WE HAVE TO REQUIRE IN CERTAIN CIRCUMSTANCES, ACCORDING TO THE IBC, UH, A BUILDING PERMIT AND A SITE PLAN, WE ALSO CALL OUT THE PROVISIONS OF WHAT'S REQUIRED ON THE SITE PLAN IN OUR ZONING CODE.
AND THAT'S PRIMARILY IN CHAPTER FOUR.
AND I JUST HAVE THOSE SECTIONS LAID OUT THERE.
SO THERE'S THINGS LIKE LANDSCAPINGS THERE, OFF STREET PARKING, WHETHER THERE'S A FLOOD CHANNEL, IT'S NOT THE CASE IN THIS CASE, BUT ALL THOSE THINGS, UM, CALL OUT CERTAIN DESIGN SPECIFICATIONS THAT ARE REQUIRED THAT ARE KIND OF UNIQUE TO IDAHO FALLS.
WE ALSO HAVE COMPILED THESE IN A CHECKLIST, AND THAT CHECKLIST IS ACTUALLY FOUND ON OUR WEBSITE ON THE BUILDING DIVISION'S WEBSITE.
AND WE'VE INTEGRATED THAT CHECKLIST INTO OUR PERMIT SOFTWARE, WHICH IS CALLED CITY WORK.
SO BASICALLY WHEN SOMEBODY SUBMITS, IF THEY DON'T HAVE SOME OF THESE ITEMS, THEY CAN'T CONTINUE FORWARD IN SUBMITTING A SITE PLAN OR A BUILDING PERMIT UNLESS THEY CHECK OFF ALL THE BOXES.
UM, THIS IS JUST IN REGARD, SO I'LL GO THROUGH THIS RATHER QUICKLY.
IT IS ABOUT REQUIRED IMPROVEMENTS STANDARDS THAT ARE REQUIRED IN THE CITY.
IT BASICALLY SAYS THAT WHEN YOU'RE DOING, YOU'RE INSTALLING OR IMPROVING
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A PROPERTY, YOU HAVE TO GET A PERMIT AND INSPECTION IS REQUIRED AND THAT INSPECTION MUST BE DONE FURTHER.THAT AS WE'RE IMPROVING IT, YOU, THE IMPROVEMENTS ARE DONE AT THE OWNER'S EXPENSE.
SO IF THERE'S, UM, BASICALLY THE CITY DOESN'T BUILD BUILDINGS, RIGHT? AND SO, UM, UH, THAT'S WHAT THAT IS STATING.
AND ONE ELEMENT OF IT THAT I WANT TO EMPHASIZE IS LETTER D, UM, THAT THEY HAVE THIS SECTION OF CODE.
AND THE CAVEAT TO ALL THIS WITH THE BUILDING PERMIT IS THAT ALL REQUIRED IMPROVEMENTS SHALL BE COMPLETED PRIOR TO OCCUPANCY OR USE OF ANY PORTION OF THE PROPERTY.
AND I ILLUSTRATE THAT THROUGH.
I THINK THE BEST WAY TO ILLUSTRATE THAT IS THROUGH A PERMIT REVIEW PROCESS.
SO HOW IT WORKS IS WHEN SOMEBODY IS BUILDING A BUILDING ON THE PROPERTY, UH, THEY APPLY FOR A BUILDING PERMIT.
THAT BUILDING PERMIT IS ASSIGNED A PROJECT MANAGER.
IT'S EITHER IN THE BUILDING DIVISION OR IN THE CASE OF A SITE PLAN.
IT WOULD BE ASSIGNED TO A SPECIFIC PLANNER.
THAT PLAN IS THEN REVIEWED, SO THE BUILDING PERMIT PLAN IS REVIEWED.
UM, IF THAT REVIEW MEETS ALL THE CRITERIA ACCORDING TO CODE, THEN THAT PLAN PASSES AND IT MOVES ON.
IF IT DOES NOT PASS, THEN IT'S FAILED AND THE APPLICANT IS REQUIRED TO RESUBMIT THAT PLAN.
UM, I SHOW YOU THIS JUST TO SHOW YOU PROCESS.
UM, IF IT PASSES, REALIZE THAT A PERMIT COULD BE APPROVED, BUT THE APPLICANT WOULD STILL HAVE TO FA PAY THE FEES ASSESSED FOR THAT PROJECT BEFORE A PERMIT IS ISSUED.
ONCE THAT PERMIT IS ISSUED, THEN AN INSPECTION OCCURS ACCORDING TO OUR CODE.
THAT INSPECTION COULD AS WELL, JUST LIKE REVIEWING A PLAN, THAT INSPECTION CAN EITHER PASS OR IT CAN FAIL AND A REINSPECTION IS REQUIRED.
THE WHOLE GOAL IS FOR THE APPLICANT IS TO GET TO THIS LAST POINT OF CERTIFICATE OF OCCUPANCY.
THAT'S WHAT THEY'RE TRYING TO OBTAIN IN TERMS OF A PERMIT.
SO I JUST SAY THAT BECAUSE I'LL SHOW YOU AS WE GO THROUGH THIS CASE, UH, THAT AT TIMES INSPECTIONS ARE REQUESTED WHEN THERE'S NO PERMIT OR SITE PLAN THAT'S BEEN APPROVED FOR THE PROPERTY.
AND THUS, HENCE WHY WE WE ASK FOR A SUBMITTAL OR THOSE TYPE OF THINGS.
I'M JUST TRYING TO EXPLAIN THE PROCESS A LITTLE BIT.
OUR REVIEW PROCESS IN GENERAL TAKES TWO WEEKS.
SOMETIMES IT'S SHORTER, SOMETIMES IT'S SLIGHTLY LONGER, BUT IN GENERAL IT'S A TWO WEEK REVIEW TIME PERIOD.
SO I WANTED TO GO OVER THE CONDITIONAL USE PERMIT THAT WAS IMPOSED ON
AND TO GIVE YOU A LITTLE TIMELINE OF WHERE WE'RE AT ON APRIL 11TH, 20 OF 20 20 24, UH, THE APPLICANT RE UH, REQUESTED A REZONE THAT WAS APPROVED BY THE CITY COUNCIL IN APRIL.
THE REZONE WAS FOR AN AGRICULTURAL TOURISM USE WITH THE CONDITIONAL USE OR THE REZONE WAS TO THE LM ZONE WITH A CONDITIONAL USE PERMIT.
THE CONDITIONAL USE PERMIT IS REQUIRED IN THE AGRICULTURAL TOURISM USE PRIMARILY.
THE REASON THAT WE PURSUED THIS IS WE HAD A NUMBER OF VIOLATIONS AND ISSUES WITH THE UPIC BARN IN THE 2023 SEASON.
I'LL GO THROUGH A MORE COMPREHENSIVE TIMELINE HERE IN JUST A MINUTE, BUT THE THINKING THAT STAFF PROPOSED TO THE APPLICANT WAS THAT, UH, TO GET AN AGRICULTURAL TOURISM WOULD BE ABLE TO ALLOW HIM TO GET SOME VARIANCES, UM, TO MITIGATE SOME OF THE IMPACT OF HIS DEVELOPMENT AND ALSO SOME CONDITIONS SO THAT HE COULD DO THINGS THAT WERE A LITTLE BIT OUT OF THE ORDINARY ON THE PROPERTY.
THE BOARD OF ADJUSTMENT THEN THE CONDITIONAL USE PERMIT WENT TO THEM ON, ON MAY 23RD.
UM, AT THE FIRST PUBLIC HEARING OF THE BOARD OF ADJUSTMENT, THE BOARD OF ADJUSTMENT FELT LIKE THEY NEEDED MORE INFORMATION FROM THE APPLICANT AND THEY TABLED THAT FIRST PUBLIC HEARING, THAT PUBLIC HEARING.
THEN THE SECOND ONE WAS HEARD ON JUNE 27TH, 2024.
THE BOARD OF ADJUSTMENT STILL FELT LIKE THERE WAS SOME INFORMATION THEY NEED, BUT THEY DIDN'T WANT TO HOLD UP THE APPLICANT FOR THE UPCOMING SEASON, SO TO DO, TO MAKE SURE THAT HE COULD CONTINUE TO PURSUE, UH, HIS DEVELOPMENT.
THEY IMPOSED NINE CONDITIONS ON THE APPLICANT WITH TWO VARIANCES, AND I'LL GO OVER THOSE IN DETAIL IN A MINUTE.
AND THE APPLICANT, OH, AS WAS HIS RIGHT.
UH, AND ON AUGUST 8TH, 2024, HE APPEALED THE BOARD OF ADJUSTMENT DECISION.
THAT APPEAL WENT TO THE CITY OF COUNCIL.
THE CITY COUNCIL UH, UPHELD THE APPEAL WITH ONE CAVEAT.
WHAT HE WAS APPEALING WAS SOME, UH, LANDSCAPING
[00:15:01]
STANDARDS THAT WERE REQUIRED, AND HE WAS APPEALING THOSE LANDSCAPING.THE CITY COUNCIL, UH, THEN SAID THERE'S A PROVISION THAT THE CITY FORESTER CAN MAKE DETERMINATIONS ON THAT THE CITY FORESTER DID DO THAT.
HE WENT ON SITE, UH, TO UPIC BARN WITH THE APPLICANT ON AUGUST 20TH, AND THEN ON AUGUST 27TH, HE WROTE A LETTER BRINGING HIS DETERMINATIONS.
AND I WILL SHOW THOSE TO YOU HERE IN JUST A MINUTE.
UM, THE BOA CONDITIONS, AND I'M GOING TO READ THROUGH THESE, THESE WERE THE, THE CONDITIONS THAT WERE OPPOSED AT THE, AT THE TIME.
FIRST IS TO RESOLVE THE OUTSTANDING SIGN VIOLATION BY IMMEDIATELY MOVING THE SIGN OUTSIDE OF THE CITY RIGHT OF WAY.
THE EXISTING SIGN WAS IN THE RIGHT OF WAY, AND UH, THEY JUST REQUESTED THAT THE APPLICANT MOVE IT, IDENTIFY PARKING ON THE REC SITE PLAN, INCLUDING ON ALL ONSITE AND OFFSITE PARKING, SHOWING A NINE BY, THESE ARE THE STANDARD PARKING STALL DIMENSIONS AS WELL AS THE DIMENSIONS FOR THE DRY VIALS.
THEY WANTED THE APPLICANT TO SUBMIT AN EXECUTED PARKING AGREEMENT, INCLUDING THE NUMBER AND DIMENSIONS OF AVAILABLE PARKING STALLS AND PROOF OF PAYMENT FOR OFF-PREMISE PARKING.
THERE'S AN AGREEMENT WITH THE CITY TO THE PROPERTY TO THE EAST.
WE CALL THE EL PASO, AND I'LL SHOW ALL THIS HERE IN A SECOND.
SO THEY HAVE A VISUAL, BUT UM, THEY WANTED TO SEE THAT THAT HAD BEEN EXECUTED AND THE FEES PAID.
UM, THEN THE SIGN AND CLEARLY MARK THE FIRE ACCESS ROAD THROUGH THE PROPERTY AND KEEP IT CLEAR AT ALL TIMES IT'S TO MEET THE FIRE CODE.
THE NEXT THREE ARE THE ONES THAT ARE, ARE, I'LL SHOW YOU A FIRST IS OBTAIN A SITE PLAN APPROVAL SHOWING AN ACCURATE DEPICTION OF THE SITE PRIOR TO OPENING TO THE PUBLIC.
THE SECOND IS OBTAIN ALL REQUIRED BUILDING PERMITS, INSPECTIONS, AND FINAL SIGN-OFFS FOR ALL STRUCTURES REQUIRING A PERMIT PRIOR TO OPENING TO THE PUBLIC.
THE THIRD ONE IS OBTAIN OTHER NECESSARY PERMITS THROUGH THE FIRE AND PUBLIC WORKS DEPARTMENTS PRIOR TO OPENING TO THE PUBLIC.
THE LAST TWO ARE FIREWORKS 'CAUSE THERE'S A FIREWORKS DISPLAY THAT WAS DONE AND THE NEIGHBORS CAME OUT AND, UM, HAD SOME CONCERNS WITH THAT.
THEY DID ALLOW THE FIREWORKS TO CONTINUE.
THEY'RE ALLOWED ONLY DURING THE NORMAL SIX WEEK PERIOD IN WHICH THE U PICK BARN IS IN OPERATION AND IS LIMITED TO ONE FIREWORK DISPLAY SHOW PER SEASON WITH REQUIRED PERMITTING.
AND THAT FIREWORK DISPLAY TYPICALLY HAPPENS IN OCTOBER, AND THE APPLICANT DID GET A PERMIT FOR THAT.
AND THEN THE UIC BARN OPERATIONS ARE LIMITED.
THEY LIMITED THE TIMEFRAME OF THE UIC BARN FROM SEPTEMBER TO OCTOBER.
SO I JUST SHOW THIS BASICALLY THE CONDITIONS WERE PRIMARILY MET.
THERE ARE THREE THAT ARE STILL OUTSTANDING AND WE'RE OPEN TO THE PUBLIC BEFORE THOSE WERE COMPLETED.
THE VARIANCES THAT WERE GRANTED AS FROM THE BOARD OF ADJUSTMENT IS PRIMARILY DEALING WITH THE LANDSCAPING.
THEY SAID THAT TO MEET ALL LANDSCAPING REQUIREMENTS EXCEPT THE LANDSCAPING BUFFER BETWEEN THE HOUSE ADDRESSED.
AND I'LL SHOW THIS 27, 24 ROLAND DEBT AVENUE AND THE UPIC FARM COMMERCIAL OPERATIONS AND ALLOW ON STREET PARKING ALONG MCNEIL DRIVE.
FORGIVE THE TYPO TO BE COUNTED TOWARD PARKING REQUIREMENTS.
ONLY IF THE ADJACENT PROPERTY IS UNDEVELOPED, PARKING ADJACENT TO AN UNDEVELOPED PROPERTY SHALL NO LONGER BE COUNTED ONCE A BUILDING PERMIT HAS BEEN ISSUED FOR THE DEVELOPMENT OF THAT PROPERTY.
SO I'LL SHOW YOU WHAT THIS IS TALKING ABOUT.
SO THE VARIANCES THAT WERE GRANTED, THE APPLICANT HAD STATED THAT THEY CAN'T PARK, UM, ALL THE REQUIRED PARKING ON THE PROPERTY.
SO THE BOARD OF ADJUSTMENT WAIVED THAT REQUIREMENT OR VARIED THAT REQUIREMENT, ALLOWING PARKING HERE AND HERE TO THE WEST OF THE PROPERTY AND TO THE EAST OF THE PROPERTY.
THIS IS THE ELK PASTURE THAT I TALKED ABOUT THAT'S ACTUALLY OWNED BY THE CITY.
SO THEY DID ALLOW FOR PARKING OVER THERE TO MEET THE REQUIRED PARKING REQUIREMENTS TO ALLEVIATE FROM THE APPLICANT'S PERSPECTIVE, THE PARKING BURDEN THAT WOULD BE ON THE PROPERTY, THE OTHER VARIANCES.
AND WITH THE FORESTER LETTER INPUT, THE VARIANCES WERE ALSO GRANTED FOR, UM, THE LANDSCAPING REQUIREMENTS.
SO THIS ORANGE LINE, WHEN THE FORESTER CAME OUT, HE SAID THAT THIS LINE OF TREES ALONG THE NORTHERN PROPERTY LINE IS SUFFICIENT AND MEETS THE LANDSCAPE BUFFER REQUIREMENT.
HE ALSO WAIVED THE REQUIREMENT OF THIS GREEN LINE ALONG THE, THE PROPERTY TO THE NORTH AND EAST IS OWNED BY THE APPLICANT AND HE RENTS IT OUT.
AND SO THEY SAID BECAUSE IT'S THE SAME OWNER, PRIMARILY THERE WOULD BE A BUFFER BETWEEN THE RESIDENTIAL AND THE COMMERCIAL OPERATION.
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BUFFERING REQUIREMENTS AS WELL.FURTHER, THE LANDSCAPING THAT EXISTS ALONG THE RESIDENTIAL PROPERTY IN THE NORTHEAST IS WHAT I CALL IT.
THESE TREES, THE FORESTER FELT WERE SUFFICIENT FOR MEETING THE INTENT OF THE CODE ALONG ROLL IN DEBT, AND HE DID NOT REQUIRE ANY MORE STREET TREES TO BE PLANTED ON THE EAST NOTICE THE LANDSCAPING WAS NOT WAIVED ON THE WEST SIDE OF THE PROPERTY.
THE LANDSCAPING REQUIREMENTS ARE STILL IN EFFECT ON THAT SIDE OF THE PROPERTY, JUST SO YOU ARE AWARE.
BUT THOSE WERE THE VARIANCES THAT WERE GRANTED.
I WANTED TO GO OVER A LITTLE BIT OF HISTORY TO EXPLAIN, UM, WHAT HAS AND HAS NOT BEEN PERMITTED ON THE PROPERTY.
UM, THE APPLICANT OFTEN STATES THAT HE HAS A PERMIT FOR A NUMBER OF THINGS, BUT I WANTED TO SHOW WHAT THE PERMITTING ACTUALLY IS.
THE FIRST IS COMMERCIAL PLA UH, PERMIT 20 DASH 0 1 50.
THIS BUILDING PERMIT WAS ISSUED, HE WAS ANNEXED IN 2019, AND AT THE TIME THERE WAS ONLY A BARN ON THE PROPERTY.
IT WAS A BUSINESS THAT WAS STARTED, UM, FOR, UH, IT WAS HIS SON AND NEPHEW, I BELIEVE, TO SELL PUMPKINS ON THE PROPERTY.
UM, THE BUILDING PERMIT THAT WAS ISSUED AT THIS TIME, AND I'M JUST HIGHLIGHTING 'CAUSE IT'S KIND OF HARD TO READ.
THERE WERE SOME NOTES THAT WERE APPLIED, UM, BY THE CHIEF BUILDING OFFICIAL AT THE TIME OF THE PERMIT BEING ISSUED, AND THE PERMIT NOTES READ, THUS, I KNOW YOU CAN READ, BUT I JUST THOUGHT IT WOULD BE GOOD TO MAKE SURE IT'S ON THE PUBLIC RECORD.
THE FIRST IS IN REGARDS TO THE SITE PLAN, THE PROPOSED 15 FOOT DIAMETER.
SO I I SHOULD EXPLAIN WHAT THE PERMIT WAS ABOUT.
SORRY, WHAT THE APPLICANT HAD FOUND THE SILO SOMEWHERE.
I, I DON'T KNOW WHERE, BUT HE WAS WANTING TO RELOCATE IT TO THE SITE.
SO HE'S WANTING TO TAKE A SILO FROM A FARM SOMEWHERE, UM, IN IDAHO AND MOVE IT TO THE UPIC BARN SITE.
UM, THE BUILDING PERMIT, AT THE TIME WHEN THEY APPROACHED THE CITY, THE BUILDING OFFICIALS SAID YOU CAN MOVE IT, BUT YOU NEED TO MAKE SURE THAT THE SILO IS ON A FOUNDATION, AND THAT'S WHAT THE PERMIT WAS FOR.
SO THAT'S WHAT HE ADDED TO THE NOTES TO THE PERMIT.
HE SAID FIRST THE PROPOSED 15 FOOT DIAMETER SILO TO BE PLACED ADJACENT TO THE EXISTING BARN STRUCTURE WILL BE CONSIDERED AS PORTIONS OF ONE BUILDING ON THE SAME LAW UNDER PROVISIONS OF SECOND QUOTES, THE CODE THE SIZE OF THESE CO UH, COMPOSITE STRUCTURES ARE SHOWN ON THE ALLOWABLE BUILDING AREA CALCULATIONS ON THE ATTACHED REVIEW.
SO THERE WERE SOME, BASICALLY THE CALCS WORKED OUT.
YOU CAN MOVE IT, IT'S STRUCTURALLY SOUND, YOU COULD PUT IT ON THE PROPERTY.
THE ADDED TWO NOTES, THOUGH THE SCOPE OF WORK FOR THIS SUBMISSION IS FOR THE NEW STRUCTURAL FOUNDATION FOR THE RELOCATED EXISTING SILO.
FUTURE RENOVATIONS AND ADDITIONS TO THE EXISTING BARN AND SILO INTERIOR ARE TO BE UNDER A SEPARATE SUBMISSION FOR REVIEW.
THIS WILL REQUIRE COMPLETE SET OF BUILDING PLANS REFLECTING THE NEW ADDITIONS AND INTERIOR RENOVATIONS OF THE EXISTING BARN AND SILO FOR REVIEW AND APPROVAL.
SO BASICALLY HE SAID YOU CAN MOVE IT, BUT ANYTHING ELSE YOU WANT TO DO TO IT, YOU WILL HAVE TO GET A SEPARATE PERMIT FOR IT.
MANY SAYS THE USE OF THE EXISTING BARN IS FOR RETAIL SALE OF PUMPKINS.
HE'S STOCKING JUST THE BARN, NOT THE SITE, AND ASSOCIATED PRODUCTS TO BE OPEN TO THE PUBLIC FOR A PERIOD OF SIX TO SEVEN WEEKS PER YEAR WITH ITS USE BEING STORAGE FOR PRODUCTS, THE REMAINDER OF THE YEAR IS SPECIFIED BY OWN.
SO HE JUST PUT THE CAVEAT THAT PUMPKINS ARE SOLD IN THE BARN.
YOU'LL NOTICE THAT HE LEFT OUT THE SILO FOR A REASON, BECAUSE THAT SILO NEEDED AN ADDITIONAL PERMIT.
THE UIC BARN DID GET A SITE PLAN AS WELL.
AT THE TIME OF SUBMITTING THIS PERMIT IN 2021, IT TOOK US ABOUT, UH, ROUGHLY A YEAR TO GET AN APPROVED SITE PLAN FROM THE APPLICANT.
THIS IS AN APPROVED SITE PLAN.
IT WAS APPROVED ON MAY 26TH, 2022.
THERE WAS A LOT OF BACK AND FORTH BETWEEN STAFF AND THE APPLICANT TO GET TO THIS POINT.
INTERESTING TO NOTE ON THE SITE PLAN THAT WAS APPROVED IS THERE ARE REALLY ONLY THREE STRUCTURES THAT WERE ASSOCIATED WITH IT.
THE, THE PROPOSED SILO RIGHT HERE, THE PROPOSED BATHROOM, WHICH IS ADJACENT TO THE BARN, AND THE PROPOSED KITCHEN ADJACENT TO THE BARN.
THE KITCHEN IS NOT LOCATED IN THE SILO AND THERE ARE NO NOTES INDICATING THAT THERE'S A KITCHEN IN THE SILO.
ALSO ASSOCIATED WITH THE APPROVED SITE PLAN, AS THERE ARE SOME BOUNCE AREAS OVER HERE AND A CANNON, THOSE ARE THE ONLY AMUSEMENT ELEMENTS THAT ARE SHOWN ON THE SITE PLAN AND WHICH WERE PERMITTED AT THE TIME.
NO OTHER PERMIT OR SITE PLAN HAS BEEN APPROVED ON THE PROPERTIES SINCE THAT TIME.
I'LL GO THROUGH THE YOU PICK TIMELINE.
[00:25:01]
COMPREHENSIVE.I'VE GONE THROUGH EVERY PERMIT GOING BACK TO 2019 FOR THE PROPERTY, BUT I FELT LIKE 2023 WOULD GIVE YOU THE GOOD INDICATION OF THEM COMING INTO 2024 AND WHY WE'RE BRINGING THE REVOCATION TO ME.
SO THE FIRST IS THE ZONING LETTER WAS ISSUED.
THERE WERE NO OTHER ACTIONS TAKEN IN THE YEAR OF 2023.
ON AUGUST 4TH, THE ZONING LETTER WAS ISSUED AND SENT TO THE APPLICANT.
I WAS HERE AT THAT TIME, I WAS RELATIVELY NEW TO THE CITY AND IT WAS LAYING OUT SOME CONCERNS AS WE HAD.
I WAS RELATIVELY NEW, BUT WHAT THE TYPICAL, UM, MO OR UM, UH, BEHAVIOR OF THE APPLICANT IS HE'LL PULL A SITE PLAN OR A PERMIT RIGHT BEFORE HE OPENS.
AND SO WE WERE TRYING TO GET AHEAD OF THIS BALL A LITTLE BIT AND SO WE, I, I WROTE HIM A LETTER AND SAID, HEY, WE HAVE SOME CONCERNS THAT YOU HAVE.
YOU DON'T HAVE A SITE PLAN OR BUILDING PERMIT, AND WE UNDERSTAND THERE'S SOME VIOLATIONS ON THE PROPERTY, THE APPLICANT AT THAT TIME.
SO IF YOU LOOK, IT'S BLUE AND ORANGE IS SO YOU CAN SEE ACTIONS THAT STAFF TOOK AND THEN ACTIONS THAT THE APPLICANT TOOK.
FOR SOME REASON DURING THAT TIME, THE APPLICANT HAD REQUESTED AN ELECTRICAL PERMIT FOR THE SILO.
UM, IT WAS NEVER ISSUED BECAUSE WHEN I SAW THE PERMIT, UH, I SAID, WELL, WE, IT USUALLY IS ATTACHED TO A BUILDING PERMIT.
AND I SAID, WE DON'T HAVE A BUILDING PERMIT FOR THE PROPERTY, SO THERE'S NO USE IN GETTING AN ELECTRICAL PERMIT FOR THE PROPERTY.
THEN ON AUGUST 14TH, THE ZONING, I SENT A ZONING LETTER LAYING OUT SOME CONCERNS I HAVE BECAUSE WE HAD HEARD, UM, WE KNEW OF PEOPLE THAT HAD BEEN GOING TO A PIZZA KITCHEN IN THE SILO.
AND, UM, I JUST MENTIONED IN THAT LETTER THE NEED FOR AN APPROVED SITE PLAN.
AND AT THE APPLICANT WAS WANTING TO CONSTRUCT A SLIDE ON THE PROPERTY AND THE SLIDE IS CURRENT SLIDE IT OR THE ONE THAT WAS USED THE LAST FEW SEASONS WAS MADE OUT OF HAY.
IT DOESN'T MEET ANY BUILDING REGULATIONS.
AND SO, UM, HE WAS INQUIRING ABOUT THAT.
SO I STATED JUST IN A GOOD FAITH EFFORT OF TRYING TO GET HIM AN APPROVED SITE PLAN AND TRYING TO GET HIM TO PULL A PERMIT FOR HIS PROPERTY, I SAID, I UNDERSTAND YOUR INQUIRY.
I'M NOT GOING TO ENFORCE THIS SEASON, BUT PLEASE GET A SITE PLAN AND A BUILDING PERMIT INTO MY DEPARTMENT.
UM, HE DID SUBMIT A SITE PLAN ON AUGUST 23RD, 2023.
UM, WE DID SEE THAT HE WAS OPERATING A COMMERCIAL KITCHEN IN THE SILO AND SO WE HAD TO ISSUE HIM A VIOLATION LETTER THE SAME DAY.
THE SITE PLAN COMMENTS WERE RETURNED ON ON SEPTEMBER 6TH.
THE COMMENTS WERE RETURNED BASICALLY THAT HE NEEDED TO RESUBMIT.
ISSUES WERE NOT ADDRESSED ON THE SITE PLAN, AND I'LL SHOW YOU THAT REVIEW PROCESS HERE JUST A MINUTE.
UM, SO THE SITE PLAN WERE CON WERE RETURNED.
IN ADDITION, UH, ASSOCIATED WITH THE SITE PLAN FIRE SAW THAT HE WAS OPERATING A COMMERCIAL KITCHEN OUT OF THIS SILO AND HE'S, AND THEY ISSUED A LETTER FOR THE, UM, PERMIT FOR THE SILO.
THEY TIED IT BACK TO THAT PERMIT SAYING YOU CANNOT OCCUPY THAT PER THE FIRE CODE UNLESS A CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE SILO STAFF.
THEN THE SEASON WENT THROUGH, WE DIDN'T HEAR ANYTHING BACK FROM THE APPLICANT.
AS I SAID, THE SITE PLAN WAS RETURNED TO HIM ON THE SIXTH.
HE'S OPEN TYPICALLY TILL OCTOBER 31ST.
UH, WE DIDN'T HEAR BACK FROM THE APPLICANT.
SO AS STAFF GOT TOGETHER, OBVIOUSLY OUR GOOD FAITH EFFORT DID NOT DO MUCH.
AND SO, UM, WE SAID WE REQUESTED TO MEET WITH THE APPLICANT AND THAT WAS DONE ON DECEMBER 5TH, 2023.
WE MET WITH THE APPLICANT AND WE SUGGESTED WHY DON'T YOU REZONE THE PRO PROPERTY TO LM WITH A CONDITIONAL USE PERMIT SO THAT WE CAN GET CONDITIONS IMPOSED ON THE PROPERTY AND BASICALLY GET YOU TO WHAT YOU WANT AND THEN YOU'LL STILL NEED A SITE PLAN AND BUILDING PERMIT.
UM, AND THAT CONVERSATION TOOK PLACE.
THIS IS THE FIRE LETTER THAT, UH, FIRE ISSUED FOR THE BUILDING PERMIT, UH, WHICH CLEARLY SAYS OCCUPANCY IS PROHIBITED PRIOR TO THIS IS PRIOR TO OPENING.
SO NOW WE'RE COMING INTO 2024.
THE APPLICANT, AS I ALREADY STATED, AND I'LL GO THROUGH THIS FIRST PART RATHER QUICKLY, THEY FILED FOR REZONE ON JANUARY 4TH.
UM, BECAUSE OF HOW THE PUBLIC HEARING SCHEDULE WENT, UM, WE COULDN'T GET THEM ON SCHEDULE UNTIL APRIL 11TH AND THAT'S WHEN THE REZONE WAS HEARD BY THE CITY COUNCIL.
THE CONDITIONAL USE PERMIT CAME TO THE BOARD OF ADJUSTMENT FOR FIRST PUBLIC HEARING, THEN SECOND PUBLIC HEARING
[00:30:01]
PRIOR TO THE APPEAL OF THE BOARD OF ADJUSTMENT HEARING.STAFF SAT DOWN ON JULY 12TH WITH THE CONTRACTOR AND STATED THAT THERE WERE 'CAUSE A BUILDING PERMIT HE HAD SUBMITTED AND WE LAID OUT THAT THERE WERE NINE ITEMS DEFICIENT ON THE BUILDING PERMIT.
UM, WE SAID ONCE YOU GET THOSE APPROVED, THEN WE CAN, WE CAN START GOING TOWARDS APPROVAL OF THE PERMIT.
UM, THE SUMMARY LETTER WAS SENT TO THE APPLICANT THAT SAME DAY AND AUGUST 8TH.
THEN THE APPLICANT APPEALED THE BOARD OF ADJUSTMENT HEARING.
MIND YOU, THE CONDITIONS WERE ALREADY IMPOSED.
IN THE JUNE 27TH MEETING ON AUGUST 12TH ON HIS FACEBOOK PAGE, HE POSTED THAT HE IS OPENING IN 31 DAYS.
HE DOES NOT HAVE AN APPROVED PERMIT AND HE DOES NOT HAVE AN APPROVED SITE PLAN AT THIS TIME, AND I WILL SHOW YOU ALL THESE, ALL THESE POSTINGS.
STAFF THEN MET ON SITE WITH THE FORESTER AS I EXPLAINED AND THEN THE FORESTER ISSUED HIS LETTER, HIS LETTER.
THE APPLICANT THEN SUBMITTED HIS SITE PLAN FROM THE COMMENTS WHICH WE HAVE GIVEN HIM BACK IN 2023.
SO IT HAD BEEN ALMOST A YEAR THAT WE HAD NOT HEARD FROM HIM IN REGARDS TO HIS SITE PLAN.
THE SITE PLAN WAS SUBMITTED, THE APPLICANT ON AUGUST 27TH.
UH, I WENT OUT AND DISCUSSED WITH THE APPLICANT SOME OF THE ISSUES ON SITE WITH THE FORESTER.
UH, UH, THIS WAS AFTER THE FORESTER AND HE DID BRING THE SIGN PERMIT INTO COMPLIANCE.
HE PULLED THE SIGN OUT OF THE RIGHT OF WAY AND I WENT BY AND CHECKED THAT PERSONALLY AND HE WAS IN COMPLIANCE OF THAT CONDITION.
WHILE WE'RE WORKING THROUGH THE SITE PLAN AND BUILDING PERMIT.
HE IS ALREADY POSTING THAT HE'S OPENING IN 10 DAYS.
SO EVEN THOUGH HE KNOWS HE HAS A CONDITION IMPOSED UPON HIM, HE IS ALREADY STATING HIS INTENT THAT HE'S GOING TO OPEN.
THE BUILDING PERMIT THEN WAS SUBMITTED BY THE APPLICANT.
THE BUILDING PERMIT WAS SUBMITTED ON SEPTEMBER 4TH.
IT WAS DEFICIENT AND TO HE MET TWO OF THE NINE REQUIREMENTS LAID OUT BY THE CHIEF BUILDING OFFICIAL, BUT THERE WERE STILL SEVEN DEFICIENCIES.
THE BUILDING OFFICIAL IMMEDIATELY LOOKED AT IT, SAW THAT THERE WERE DEFICIENCIES, AND SENT AN EMAIL TO THE CONTRACTOR AND SAID, YOU HAVE NOT ADDRESSED THESE SEVEN ISSUES.
ONCE THESE SEVEN ISSUES ARE ADDRESSED, WE CAN MOVE FORWARD WITH APPROVAL THEN.
UM, I BROUGHT THIS FORWARD TO, TO OUR EXECUTIVE SESSION OF CITY COUNCIL, JUST STATING THAT THE CONDITIONAL USE PERMIT, THIS WAS ON SEPTEMBER 9TH, I JUST STATED TO THE CITY COUNCIL, I'M CONCERNED BECAUSE WE DO NOT HAVE AN APPROVED SITE PLAN OR PERMIT AND WE HAVE LITTLE TO NO TIME BECAUSE HE'S ALREADY ADVERTISING THAT HE'S OPENING UP ON SEPTEMBER 13TH.
SO I JUST SAID THAT WAS THE ISSUE THAT WE ARE HAVING DURING THIS TIME.
TWO DAYS LATER, THE APPLICANT IS ADVERTISING THAT HE'S OPENING ON SEPTEMBER 14TH.
WE STILL DID NOT HAVE COMPLIANCE AT THIS TIME.
DON'T FORGET THE SITE PLAN CAME IN ON AUGUST 27TH.
STAFF REVIEWED IT AND BROUGHT COMMENTS BACK.
THE SITE PLAN WAS STILL DEFICIENT AT THIS TIME AND DID NOT MEET OUR CODE.
SO WE SENT THE SITE PLAN BACK ON SEPTEMBER 12TH.
EMAIL EXCHANGE I HAVE WITH, UM, BETWEEN THE CONTRACTOR AND STAFF AND THE ARCHITECT HIRED BY THE APPLICANT IN THIS.
UH, AS WE HAD STATED, THERE WERE THESE SEVEN DEFICIENCIES.
UM, THESE SEVEN NEED TO BE ADDRESSED.
THE ARCHITECT AT THE TIME SAID THAT HE COULD NOT ADDRESS THEM UNTIL THE 20TH.
SO REMEMBER WHEN I SHOWED YOU BACK ON THE PLAN THAT THERE HAS TO BE ENGINEERED STAMPED DRAWINGS, THEY HAVE TO MEET OUR CODE.
HE'S JUST SAYING I CAN'T GET TO IT TO THE 20TH.
SO, UM, THAT EMAIL WAS FORWARDED ON TO OUR COMMERCIAL PLANS EXAMINER, UM, AND HE SAID, I'M SORRY, I CANNOT ISSUE A PERMIT BECAUSE IT IS STILL DEFICIENT.
IN ADDITION, YOU HAVE TO HAVE IT STAMPED.
HE WENT THROUGH THE CODE SECTION THAT HAS TO BE SUBMITTED SO THAT WE CAN GET APPROVAL ON THIS PERMIT.
AND THIS IS FOR THE KITCHEN, THE SILO KITCHEN.
THIS IS THE RESPONSE THAT WE RECEIVED FROM THE APPLICANT.
AND, UM, I WILL JUST READ IT VERBATIM.
SO IT SAYS, UH, THIS WAS RECEIVED SEPTEMBER 12TH, HE IS OPENING ON SEPTEMBER 13TH.
FINALLY, YOU SEE THE LETTER CONFIRMING THE WORK TO BE DONE.
ALSO, THE RESPONSE FROM THE CITY REJECTING IT.
I SEE THE RESPONSE IS UNREASONABLE AND LACKING COMMON SENSE.
I AM OPENING TOMORROW BECAUSE I AM COMMITTED TO THE PUBLIC AND THOSE WHO LOVE THE RED BAR, COME JOIN US.
HERE I AM ON THE DAY BEFORE WE OPEN WITH HOURS AND HOURS OF WORK TO
[00:35:01]
DO, BUT I'M TIED UP HANDING, HANDLING THE TYPO HANDLING THIS IS IT UNREASONABLE FOR ME TO ASK FOR YOUR SUPPORT AND SOLUTION WITHOUT THE THREAT AGAIN AND AGAIN, IT NEVER SEEMS TO BE ENOUGH AFTER ALL WE HAVE DONE THIS YEAR TO OVERCOME WHAT WE THOUGHT WAS THE REAL CHALLENGE LAST YEAR.OH, WELL, AND THEN SIGNED BY MR. WALKER.
THIS EMAIL JUST SHOWS THAT WE SAID YOU DO NOT HAVE A PERMIT AND HE WAS PLANNING TO OPEN.
ANYWAYS, THIS IS, UH, THIS IS THE TIMELINE FROM WHEN THEY OPENED.
SO THEY OPENED ON SEPTEMBER 13TH FOR A SPECIAL EVENT.
UH, LOCAL EIGHT NEWS, UH, REPORTED ON IT.
UM, I WILL SHOW THAT THAT, UH, VIGNETTE FROM THE, FROM LOCAL EIGHT NEWS.
THEN ON APRIL OR SEPTEMBER 14TH, THEY OPENED TO THE PUBLIC.
UM, AND SO STAFF IMMEDIATELY, THIS WAS THE 14TH WAS A SATURDAY, 13TH WAS A FRIDAY.
SO ON THE 17TH, STAFF WENT OUT AND POSTED A DO NOT OCCUPY NOTICE TO THE PROPERTY BASICALLY THAT THE BUILDING PERMIT WAS NOT PULLED.
IT WAS IN VIOLATION OF THE FIRE BUILDING HEALTH AND SAFETY CODE ON SEPTEMBER 19TH.
THE APPLICANT IS ADVERTISING THAT THEY, UM, SELL PIZZA, COME AND GET SOME PIZZA, AND, UH, STAFF RECEIVED A PHONE CALL, UM, FROM THE APPLICANT.
UM, IN REGARDS TO THE BUILDING PERMIT IN WHICH WE STATED, YOU CANNOT OPEN, WE SEE THAT YOU'RE ADVERTISED.
YOU CANNOT OPEN THE BUILDING, UH, FOR OCCUPATION BECAUSE YOU HAVE A DO NOT OCCUPY NOTICE ON IT.
TO WHICH THE APPLICANT RESPONDED WELL, WHAT IF I OPEN ANYWAYS? SO WE WENT THROUGH THE CITATION PROCESS OF WHAT WOULD HAPPEN, BUT HE STILL HAD INTENT TO OPEN EVEN IN VIOLATION OF HIS CONDITIONS.
STAFF THEN GOT A PHONE CALL FROM A NEIGHBOR THAT THEY WERE OPERATING A PIZZA KITCHEN.
SO, UM, WE GOT THE PHONE CALL ON THE 23RD.
MIND YOU, DURING THIS TIME, THE 23RD AND THE 24TH, THERE ARE ADVERTISEMENTS CLEARLY SHOWING THAT COME AND GET YOUR PIZZA.
SO STAFF WENT OUT TO DOUBLE CHECK THAT.
UM, WHAT WAS HAPPENING WAS IN VIOLATION OF THE DO NOT OCCUPY NOTICE, AND I HAVE PROOF FOR ALL THIS, I'LL SHOW YOU THROUGH ALL MY EXAMPLES.
SO THEY WENT OUT AND THEY TOOK PICTURES ON SEPTEMBER 26TH AND IT CLEARLY SHOWED THAT THE DO NOT OCCUPY NOTICE WAS POSTED AND THE DOOR WAS OPEN TO THE KITCHEN AND WAS OCCUPIED SITE.
THE SITE PLAN WAS FINALLY RESUBMITTED BY THE APPLICANT ON OCTOBER 3RD.
UH, MIND YOU, HE WAS TO GET AN APPROVED SITE PLAN WITH INSPECTIONS PRIOR TO OPENING.
SO HE'S NOW TRYING TO RECTIFY THAT SITUATION.
DURING THIS TIME ALSO, HE IS POSTING, AND I HAVE THESE VIDEOS AS WELL, SHOWING THE PIZZA AREA OPEN AND OPERATIONAL.
UM, SO JUST TO, I'LL SHOW THOSE IN A MINUTE.
STAFF IMMEDIATELY REVIEWED THE SITE PLAN TRYING TO GET HIM TO SOME TYPE OF COMPLIANCE AND UH, THEY RETURNED AND THEY FOUND THAT THE SITE PLAN WAS STILL DEFICIENT.
HE PRIMARILY DID HAVE SOME THINGS WITH STREET IMPROVEMENTS AND A COUPLE OTHER ELEMENTS, WHICH I'LL SHOW YOU.
UH, WE EMAILED, I EMAILED HIM ON THE 29TH.
WE'VE GONE THROUGH THIS WHOLE SEASON.
HE'S IN COMPLETE VIOLATION OF HIS CONDITIONAL USE PERMIT AND I JUST STATED TO HIM, YOU HAVE BEEN IN VIOLATION YOUR ENTIRE SEASON.
I RECEIVED NO RESPONSE TO THAT EMAIL.
THE LAST POST THAT HE HAD WAS ON OCTOBER 31ST, 24 STATING THAT IT'S A SEASON FINALE.
COME AND CHECK OUT THE U PICK RED PO.
SO HE HAD BEEN OPERATING ALL SEASON IN VIOLATION OF THIS CONDITION OF USE PROOF.
SO LET ME GO THROUGH THIS SITE PLAN A LITTLE BIT.
SO THIS WAS THE SITE PLAN THAT, UH, UM, THAT WAS, UH, RECEIVED IN IN 2023.
YOU'LL NOTICE A COUPLE THINGS.
SO WE HAVE THE APPROVED SITE PLAN, WHICH I SHOWED THESE COMMENTS ARE, ARE ALL THERE JUST TO, TO SHOW NEGLIGENCES OR ELEMENTS OF THE CODE THAT AREN'T IN COMPLIANCE WITH OUR BUILDING CODE.
OR IT COULD BE WITH FIRE, IT COULD BE WITH PLANNING.
A LOT OF THEM ARE QUESTIONS, WHAT DOES THIS MEAN OR WHAT'S GOING ON HERE? AND THESE ARE THE FIRE ACCESS DETAIL THAT WERE PRESENTED IN THAT SITE PLAN.
SO HE IS TRYING TO MEET THIS, THE FIRE ACCESS REQUIREMENT.
AND, UH, THE APPLICANT HAS CRITICIZED US THAT THERE ARE A NUMBER OF COMMENTS AND HE CAN'T GET OVER THE FINISH LINE BECAUSE WE KEEP ADDING COMMENTS.
YOU'LL NOTICE OUR SITE PLAN IS DRASTICALLY DIFFERENT FROM WHAT WAS SUBMITTED IN 2023.
SO STAFF WENT THROUGH AND LOOKED AT THOSE COMMENTS.
THERE'S A NUMBER OF DEFICIENCIES YOU CAN SEE HERE, AND THAT'S WHAT THOSE COMMENTS ADDRESS.
THE NEXT SITE PLAN THAT WAS IN OCTOBER, YOU ACTUALLY CAN SEE THE COMMENTS GO DOWN.
UH, THE ONLY REASON I SHOW THIS
[00:40:01]
IS THAT HE WAS ADDRESSING THOSE COMMENTS.HOWEVER, HE STILL IS DEFICIENT IN OUR BUILDING PLANNING AND OTHER CODES.
HE ALSO SUBMITTED, ONE THING THAT THEY WERE REQUIRING WAS SOME DEDICATION FOR ROLLING DEBT AND SOME, AND SOME, UM, DETAIL ON ROLLING DEBT.
AND HE FINALLY SUBMITTED THAT.
THEY ALSO SUBMITTED THE PARKING DETAIL AND THAT PARKING DETAIL IS SHOWN HERE.
AND THEN THIS IS THE MOST RECENT, UH, I'LL EXPLAIN A LITTLE BIT OF WHAT'S RECENTLY HAPPENED.
MIND YOU, NONE OF THESE ARE APPROVED.
SO, UH, THEY ARE NOT APPROVED SITE PLANS AND THERE'S NOT AN APPROVED PERMIT ON THE PROPERTY.
THE SITE PLAN IS ACTUALLY READY TO GO.
IT'S, IT'S BASICALLY THE, THE BUILDING PERMIT.
THE SEVEN ITEMS HAVE BEEN RESOLVED.
MIND YOU THOSE ARE WERE RESOLVED PRIOR TO THIS WAS, UM, ON, UH, NOVEMBER 22ND.
HE'S NOW BEEN CLOSED FOR 22 DAYS.
UH, MIND YOU, THOSE WERE STILL BEING REVISED WHILE HE WAS OPEN IN VIOLATION OF HIS CONDITIONS.
AND THEN THIS IS THE ROAD DETAIL AND THE PARKING.
SO I WANT TO GO THROUGH THE ONLINE POSTS AND, UH, JUST SOME OF THE ELEMENTS THAT I MENTIONED.
SO THE FIRST IS, UM, JUST SHOWING YOU THAT HE HAS STATED HERE THAT HE'S OPENING IN 31 DAYS RIGHT HERE AND THAT HE IS OPENING IN 10 DAYS.
MIND YOU, THIS WAS POSTED ON AUGUST 12TH, 2024.
UM, WE'RE STILL WORKING THROUGH BUILDING PERMIT AND SITE PLAN ISSUES.
THIS WAS POSTED ON NINE 11 OF 24 24.
WE STILL DO NOT HAVE AN APPROVED SITE PLAN OR BUILDING PERMIT.
THE POST STATING OPENING DAY RIGHT HERE ON SEPTEMBER 14TH.
WE STILL HAVE NO SITE PLAN AND NO APPROVED BUILDING PERMIT.
DO YOU MIND CLICKING ON THAT LINK FOR ME PLEASE, DAVID? THEN ON UH, SEPTEMBER 13TH, UH, THIS WAS ON THE LOCAL EIGHT NEWS.
MATT SUMMER CONSTRUCTION SPECIALIZES IN NEW CUSTOM HOMES OF ALL SIZES, MAJOR REMODELS, SHOPS, POOLS, AND ADDITIONS.
THEY ALSO BUILD BARN, MEDIUM SHOP HOUSES, LOG WORK AND TIMBERS.
THEY'RE A CHRISTIAN OWNED COMPANY AND MATT IS A HANDS-ON BUILDER WITH OVER 30 YEARS OF FRAMING EXPERIENCE.
THEY'RE COMMITTED TO INTEGRITY AND HONESTY, WORRIED ABOUT DESIGN.
THEIR INTERIOR DESIGN SERVICES AND DRAWINGS ARE ABSOLUTELY FREE.
YOUR HOME WILL REFLECT YOUR UNIQUE STYLE.
LET US BUILD YOUR DREAMS. WELL, JEFF, YOU KNOW, ALL THIS FALL LIKE WEATHER THAT YOU'VE BEEN MENTIONING, IT MEANS IT'S TIME TO START PICKING OUT YOUR PUMPKINS HERE SOON.
IF YOU DRIVE DOWN ROLLING DEAD IN IDAHO FALLS AND BY THE ZOO.
OH YEAH, THAT'S THE PLACE NEW AT NOON AND HAPPENING RIGHT NOW.
THIS LOCAL PUMPKIN PATCH OPENING THEIR GATES FOR THE SEASON IN A FUN WAY.
ARIEL JENSEN IS LIVE ON YOUR TV AT YOU PICK RED BARN IN IDAHO FALLS FOR THEIR FIRST UNOFFICIAL OFFICIAL.
UNOFFICIAL FIRST, WHATEVER IT IS.
THERE ARE PUMPKINS THERE, RIGHT ARIEL? YEAH.
SO KAYLEE AND JEFF, THIS IS ACTUALLY A PRETTY UNIQUE EVENT THAT'S GOING ON.
I'M HERE WITH THE ORGANIZER OF IT.
THEY'VE DONE THIS FOR THREE YEARS IN A ROW.
THE FARM, IT DOES NOT OPEN ACTUALLY UNTIL TOMORROW, BUT THEY HAVE A LITTLE SOFT OPENING GOING ON FOR THOSE WITH SPECIAL NEEDS.
ALLISON, TELL ME, WHY HAVE YOU PUT THIS ON FOR THREE YEARS NOW? THIS IS JUST AN OPPORTUNITY TO GIVE FAMILIES THAT HAVE CHILDREN OR ADULTS IN THEIR FAMILY THAT HAVE DISABILITIES.
IT'S A REALLY GOOD OPPORTUNITY FOR THEM TO COME AND ENJOY A DAY FOR FREE.
WE HAVE LOTS OF THINGS THEY CAN DO FOR FREE.
ALL OF THE ACTIVITIES WE GET TREATS AND ALL KINDS OF THINGS DONATED TO US FROM LOCAL BUSINESSES, ET CETERA.
UM, IT'S JUST MORE OF A COMMUNITY THAT THEY, THEY CAN COME TOGETHER AND BE AROUND FAMILIES THAT ALSO CELEBRATE AND JUST, AND SUPPORT INDIVIDUALS AND THEIR FAMILY THAT HAVE DISABILITIES.
IT'S FUN TO HAVE KIND OF A COMMUNITY AROUND THAT AND IT'S JUST REALLY, IT'S MY FAVORITE DAY.
WELL THANK YOU SO MUCH FOR YOUR TIME AND THANK YOU FOR ANSWERING THAT FOR US.
I'M GONNA GIVE GUYS A QUICK LITTLE TOUR OF WHAT'S GOING ON BEHIND ME.
I GOTTA SEE SOME KIDDOS GOING IN CIRCLES IN THE PONIES EARLIER TODAY.
AND OVER HERE WE HAVE SOMETHING SORT OF SIMILAR TO A SAND PIT.
IT'S ACTUALLY POPCORN KERNELS AND YOU GET TO SEE ALL THE KIDDOS JUST HAVING FUN PLAYING THAT AND IT'S GREAT 'CAUSE IT DOESN'T GET INTO YOUR SHOES.
OVER HERE WE HAVE A BOUNCY HOUSE, WE HAVE A TRACTOR, WE HAVE A Q2 TRAIN AND A BIG OLD SLIDE AT THE TOP.
SO EVERYONE WHO I'VE SEEN HERE TODAY LOOKS LIKE THEY'RE HAVING SO MUCH FUN.
NOW THE EVENT GOES ON TILL SEVEN TODAY, BUT IT IS ONLY OPEN TO THOSE WHO HAVE SPECIAL NEEDS.
TOMORROW WILL BE THEIR GRAND OPENING REPORTING.
UH, I WILL SAY THE STUDIO REPORTING LIVE AT THE RED BARN.
ARIEL JENSEN, LOCAL NEWS EIGHT.
ARIEL, THANK YOU FOR SHOWING US THAT.
[00:45:07]
THEN WE MOVE IN TO, SO THAT WAS THE LOCAL EIGHT NEWS.SO THEY CLEARLY STATE THAT THEY'RE OPEN ON THE 13TH AND THEN GOING TO OPEN TO THE PUBLIC ON THE 14TH.
UH, THIS WAS A POSTING THAT WAS DONE.
CAN YOU CLICK BACK ON THAT PRESENTATION? THANK YOU.
UH, THIS WAS A POSTED A POSTING THAT WAS DONE ON, UH, SEPTEMBER 21ST ADVERTISING THE BRICK OVEN PIZZA.
AND THIS WAS THE DAY AFTER THAT PHONE CALL THAT I COMMENTED TO YOU ABOUT, UH, STATING TO COME AND GET PIZZA.
THEN A POST THAT WAS DONE ON THE 24TH OF SEPTEMBER, UM, WHICH SHOWS THAT THE COME AND GET SOME PIZZA AGAIN.
AND THIS WAS AFTER THE DO NOT OCCUPY NOTICE WAS POSTED TO THE PROPERTY.
AND THEN THE FINAL ONE STATING ON OCTOBER 31ST, 2024 THAT, UH, AGAIN, IT SAYS COME AND GRAB SOME PIZZA THAT THEY WERE OPEN.
AND THIS IS THE LAST DAY OF THEIR OPENING.
THESE ARE TWO THAT CAME FROM THEIR FACEBOOK AND TIKTOK PAGES.
UM, THIS SHOWS THE KITCHEN BEING UTILIZED AND I'LL JUST, YEAH, GOOD.
I DON'T THINK IT HAS SOUND, BUT YOU CAN SEE THEY'RE ADVERTISING THE PIZZA KITCHEN.
I, AND IF YOU NOTE AT THE BOTTOM IT SAYS ENTRANCE TO THE PIZZA AREA IS FREE, SO YOU CAN COME ORDER PIZZA ANYTIME AND IT HAS A DO NOT OCCUPY WAS POSTED ON OF OCTOBER, UH, JUST SHOWING THAT THEY WERE, UM, IT SHOWS THE SAME THING.
I'M PREPARING PIZZA AND THIS IS AFTER THE DO NOT OCCUPY.
THIS WAS POSTED JUST TO SHOW YOU WHAT, WHERE THE DO NOT OCCUPY NOTICE WERE POSTED.
JUST TO MAKE IT VERY CLEAR, WE POSTED TO THE SILO RIGHT HERE WHERE THE PIZZA KITCHEN IS AND THE BOWLEY BAR NEXT TO NEXT TO IT.
UH, THIS IS THE DO NOT OCCUPY NOTICE THAT WAS POSTED.
WE TOOK A PICTURE OF THE LOCATIONS THAT WE POSTED TO THE PROPERTY ON SEPTEMBER 17TH.
UM, THESE BOTH DO NOT HAVE BUILDING PERMITS FOR THEM FOR OPERATING A COMMERCIAL KITCHEN.
UH, JUST TO MOVE THE SILO THERE.
AFTER HEARING OF THE VIOLATION FROM A NEIGHBOR, WE WENT OUT AND LOOKED, THIS IS THE SILO RIGHT HERE, CLEARLY SHOWING IT'S OPEN, OPEN FOR BUSINESS AND THE DO NOT OCCUPY RIGHT THERE.
SO, UM, CLEARLY IN VIOLATION OF THE DO NOT OCCUPIED NOTICE AND IN VIOLATION OF THEIR CONDITIONAL USE PERMIT RECENT DEVELOPMENT.
SO I JUST WANTED TO GO OVER THIS VERY BRIEFLY.
UH, THEY DID, AS I SAID, SUBMIT, UM, ON, ON NOVEMBER 22ND.
UH, WE DID GET A SITE PLAN BACK.
UH, THE REVIEW WAS COMPLETED JUST ON THE 11TH.
UH, WE DO HAVE A SITE PLAN AND A BUILDING PERMIT THAT WE ARE READY TO SIGN OFF ON.
HOWEVER, THERE IS A SURVEY OF RIGHT OF WAY DEDICATION AND EASEMENT, UH, DEDICATION THAT NEEDS TO BE SIGNED BY THE APPLICANT.
UH, KNOWING THAT THIS WAS GOING TO THE BOARD OF ADJUSTMENTS, UH, THE APPLICANT REQUESTED MEDIATION ON THE 12TH, UM, FOR THE, UH, UH, WE DIDN'T EXACTLY KNOW WHAT THE, THE MEDIATION WAS FOUR.
SO WHEN INITIALLY THAT REQUEST CAME, UH, I DENIED IT AND IT WENT TO CITY COUNCIL.
I'M GONNA INSTRUCT THE BOARD NOT TO CONSIDER THE REQUEST FOR MEDIATION IS IRRELEVANT.
FORGIVE ME FOR BRINGING THAT UP THEN.
UH, HOWEVER, THE, UH, I'LL JUST SKIP DOWN TO THE NEXT BULLET POINT.
THE APPLICANT, UH, STILL DOES NOT HAVE AN APPROVED PERMIT OR SITE PLAN FOR THE PROPERTY.
UM, EVEN WITH AN APPROVED SITE PLAN AND PERMIT, UH, REALIZE HE STILL HAS TO CONSTRUCT WHAT HE SAYS HE'S GOING TO CONSTRUCT AND THAT HA THAT CONSTRUCTION HAS TO BE INSPECTED AS WELL.
SO I JUST WANTED TO GO OVER THE BOA VERY BRIEFLY.
UM, JUST HOW WHEN YOU'RE THE BOARD OF ADJUSTMENTS, UM, WHEN YOU GO THROUGH, UH, WE, WE GO THROUGH AND THERE'S A, UH, REASON STATEMENT AND THAT IS ATTACHED TO YOUR PACKET ALSO, THAT THERE'S A MAJORITY VOTE, UM, THAT IS UTILIZED FOR WHEN, UH, YOU DECIDE UPON MATTERS, UH, TO VOTE ON.
UM, AND THAT'S KIND OF HOW IT WORKS.
I'LL JUST GO THROUGH THIS BRIEFLY.
[00:50:01]
UM, YOU ALREADY HAD MENTIONED THIS, SO I WON'T GO OVER THIS IN, IN SOME IN MAJOR DETAIL, BUT YOU CAN APPROVE THE APPLICATION AS PRESENTED.YOU CAN REJECT THE APPLICATION AS PRESENTED.
YOU CAN APPROVE THE APPLICATION SUBJECT TO SPECIFIC CONDITIONS.
SO YOU CAN APPROVE WITH CONDITIONS.
YOU CAN TABLE THE APPLICATION TO A DATE CERTAIN, OR YOU CAN SCHEDULE A CONTINUATION OF THE PUBLIC HEARING AT A SPECIFIC TIME AND PLACE.
UH, JUST FOR REFERENCE, A BOARD OF ADJUSTMENT DECISIONS CAN BE APPEALED AND THEY'RE APPEALED TO THE CITY COUNCIL.
IN THIS CASE, STAFF IS REQUESTING THAT WE REVOKE THE CONDITIONAL USE PERMIT.
THE REASON BEING, UM, WE, WE, HE WAS THE APPLICANT WAS NOT MEETING REQUIREMENTS OF THE CONDITIONAL USE PERMIT SET BY THE BOARD OF ADJUSTMENTS, OBTAINING A SITE PLAN AND BUILDING PERMIT PRIOR TO OPENING TO THE PUBLIC FOR THE 2024 SEASON.
IN ADDITION TO THAT, IN ADDITION TO THE PERMIT THAT THEY, THEY WERE OCCUPYING AND OPERATING THE PIZZA KITCHEN IN VIOLATION OF THE COMPREHENSIVE ZONING CODE, OCCUPYING AND OPERATING THE PIZZA KITCHEN KITCHEN WITH A DO NOT OCCUPYING NOTICE AND DIRECT VIOLATION OF THE INTERNATIONAL BUILDING CODE AND OCCUPYING AND OPERATING THE PIZZA KITCHEN IN DIRECT VIOLATION OF THE FIRE CODE.
SO WE STILL ARE WAITING ON AN AN APPROVED SITE PLAN.
WE STILL DO NOT HAVE THAT AND AN APPROVED PERMIT FOR THE PROPERTY.
SO IN REQUESTING THAT, I WANT TO GO OVER IN DETAIL WHAT THAT WOULD ENTAIL.
IF WE REVOKE THE CONDITIONAL USE, REDUCE THE CONDITIONAL USE PERMIT, WE ALSO ARE RECO, UH, REQUESTING THAT THE VARIANCE IS ASSOCIATED WITH THE CONDITIONAL USE PERMIT BE REVOKED AS WELL.
THAT WOULD REQUIRE THEN THAT PARKING ON MCNEIL AND EL PASTURE NO LONGER BE COUNTED TOWARDS THEIR PARKING REQUIREMENTS.
SO THEY WOULD HAVE TO MEET PARKING ALL ON SITE.
UM, THAT TREES ALONG THE NORTH PROPERTY LINE NO LONGER COUNT TOWARDS LANDSCAPING REQUIREMENTS AND MUST BE ACCOMMODATED ON SITE PER OUR CODE TREES ON THE ROLAND DEBT SIDE THAT I MENTIONED THAT WERE THE FORESTER ALLOWED TO BE COUNTED TOWARDS THE NORTHEAST PROPERTY NO LONGER BE COUNTED FOR ON THE LAND, ON THE LANDSCAPE OFFER.
ALSO IN RELATION TO THAT, THE FIREWORKS DISPLAY THAT THEY NO LONGER BE ALLOWED TO SHOOT FIREWORKS OFF ON OCTOBER 1ST AND THAT A FIREWORKS PERMIT NO LONGER BE ISSUED BY, BY THE FIRE DEPARTMENT.
SO WHAT WOULD HAPPEN TO THAT IF, IF THE PROPERTY WERE TO BE, IF THE CONDITIONAL USE PERMIT WERE TO BE REVOKED, IT WOULD FALL BACK TO BE ON THE LIMIT, UH, UH, LIMITED MANUFACTURING ZONE, WHICH THE ZONE IS CURRENTLY, THIS WOULD PROBABLY BE CLASSIFIED AS AN AMUSEMENT CENTER, AN OUTDOOR AMUSEMENT CENTER.
THE CONDITIONAL USE PERMIT IF IT WERE TO BE REVOKED, WOULD NO LONGER BE THERE IN THE VARIANCE ASSOCIATED.
SO, UM, THERE WOULD BE A REQUIRED 50 FOOT BUFFER PER OUR CODE AGAINST THE NORTHERN PROPERTY, UH, LANDSCAPE BUFFER.
THEY WOULD ALSO HAVE TO ACCOUNT FOR THEIR SPEAKER SYSTEM.
THE OUTDOOR ACTIVITIES, UM, WOULD HAVE TO BE CONCLUDED BY 10 O'CLOCK.
ANY LIGHT AND ILLUMINATION WOULD BE NEED TO BE TERMINATED ONE HOUR PRIOR.
AGRICULTURAL USES ARE, ARE ONLY PERMITTED IN THE LM ZONE WITH A CONDITIONAL USE PERMIT.
UM, SO HE WOULD, UH, INCLUDING HORTICULTURE WOULD, WHICH WOULD BE THE GROWING OF PUMPKINS, HE WOULD NOT BE ABLE TO GROW PUMPKINS ON THE PROPERTY.
HE WOULD BE ABLE TO SELL THEM BUT NOT GROW THEM.
THE LANDSCAPE BUFFER WOULD BE REQUIRED ALONG THE STREETS WITH THE 20% MINIMUM LANDSCAPE COVERAGE.
PARKING WOULD HAVE TO BE ACCOMMODATED ALL ON SITE AND IT'S, AND OUR REQUIREMENTS FIVE STALLS FOR EVERY 1000 SQUARE FEET.
THOSE PARKING STALLS WOULD HAVE TO BE HARD SURFACE.
APPARENTLY HE DOESN'T HAVE TO PAVE THEM, UM, BECAUSE OF HIS, UH, AGRICULTURAL TOURISM.
I JUST SHOW THIS, JUST SO YOU KNOW WHERE I'M LOOKING.
SO AGRICULTURAL TOURISM, AGRICULTURAL USES ARE CONDITIONAL USE PERMITS IN OUR USE TABLE AND IT WOULD FALL TO AN OUTDOOR BASEMENT CENTER IN HIS ZONE.
AND THIS IS JUST ME JUST SHOWING A VISUAL REPRESENTATION OF WHAT THAT 50 FOOT, 50 FOOT BUFFER WOULD LOOK LIKE.
AND HE WOULD HAVE THE LANDSCAPING ON BOTH SIDES AND THESE STREET TREES WOULD NO LONGER ACCOUNT FOR THAT.
IN ESSENCE, HE WOULD BE ABLE TO, UM, UH, HE WOULD BE ABLE TO SELL PUMPKINS ON THE PROPERTY.
HE WOULD STILL BE A RETAIL ESTABLISHMENT, BUT WE WOULD BASICALLY TAKE IT BACK TO WHAT THE PERMIT AND THE SITE PLAN THAT ARE APPROVED ON THE PROPERTY TOO.
UM, SO OTHER STRUCTURES WOULD HAVE TO BE REMOVED.
UM, WE'D HAVE TO LOOK AT WHAT HE'S PROPOSING FROM THAT POINT, BUT IT WOULD BASICALLY BE A RETAIL ESTABLISHMENT.
SO WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE IF THE CONDITIONAL USE WERE REVOKED AND FOR YOUR PURVIEW.
BUT I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
LORD, HAVE ANY QUESTIONS? YEAH, I HAVE ONE.
[00:55:01]
CAN YOU STATE YOUR NAME FOR THE RECORD? YEAH, RON JOHNSON.IF THE BOARD WERE TO REVOKE THIS, DOES THE APPLICANT HAVE THE ABILITY TO COME BACK AT A LATER TIME? IF THEY'RE, IF THEY GET THEIR ISSUES DONE, CAN THEY COME BACK AND APPLY AGAIN LATER OR, OR ARE YOU ASKING IF THEY CAN COME BACK AND APPLY FOR A CONDITIONAL USE FOR AGAIN, IF WE DECLINE IT? UM, HE COULD.
I, I HAVE LOTS OF QUESTIONS, BUT, UM, MAKE SURE YOUR MIC ON.
UM, THE, SO YOU MENTIONED THE CITY'S RESPONSE TO THE, UH, UH, TO THE APPLICANT'S EMAIL THAT WAS ASKING WHAT IF I OPEN ANYWAY, CAN YOU DESCRIBE THE, UM, CITY FINES FOR YEAH.
UH, IF THERE'S A CITATION ISSUED, UH, THE CITATION IS A MISDEMEANOR AND IT GOES TO THE PROPERTY OWNER.
THE PROPERTY OWNER IS, UM, THE APPLICANT'S SON AND DAUGHTER-IN-LAW.
AND SO IT WOULD GO TO THEM, UH, IT, IT'S A MISDEMEANOR AND IT IMPOSES, IT CAN IMPOSE JAIL TIME.
I DON'T THINK IT EVER DOES THAT, BUT, BUT IT ALSO, UH, IMPOSES FINES.
SO THE FINE WOULD BE SOMETHING TO THE EFFECT OF LIKE A THOUSAND DOLLARS A DAY THAT IT WAS IN VIOLATION.
TO, TO BE CLEAR ON THAT, UM, THERE'S A MAXIMUM PENALTY OF SIX MONTHS IN JAIL.
A THOUSAND DOLLARS FINE BOTH, BUT THE COURT, THE JUDGE WILL HAVE THE JURISDICTION OVER WHAT THAT PENALTY OUGHT TO BE UP TO THOSE LIMITS.
OR YOU'RE SAYING IT'S UP TO A THOUSAND DOLLARS A DAY THAT THEY WERE IN VIOLATION.
SO IT, IT'S PER VIOLATION EACH DAY, EACH 24 HOUR PERIOD IS A NEW VIOLATION.
DOES THE CITY OWN THE MCNEIL PROPERTY? IT DOES NOT.
AND, UM, THE, I SAW IN, IN ONE OF YOUR EXHIBITS THAT THE PARKING STALLS THAT WERE DRAWN ON THERE, HAS THE PARKING STALL ISSUE BEEN, THAT'S BEEN, UM, I GUESS TAKEN CARE OF? THAT HAS BEEN RESOLVED.
I HAD A, OH, SCOTT LARSON, I HAD A QUESTION ON THERE.
YOU TALKED ABOUT SOMETHING THAT WE DID IN THE BOA MEETING IN THE PAST ABOUT LIKE THE CONDITION OF USED PARKING ALONG ROLLING DEAD AND HOW THEY WERE ABLE TO USE THAT UNTIL AN ADJACENT PROPERTY WERE TO BEGIN DEVELOPMENT.
THAT WAS OBVIOUSLY SOMETHING THAT WE HAD ALLOWED THEM TO DO IN THE EVENT THAT WE WERE TO REVOKE THIS CONDITIONAL USE PERMIT.
UM, WHAT OTHER OPTIONS DO THEY HAVE AT THAT POINT AS IT PERTAINS TO MEETING PARKING STANDARDS? IS THERE ANYTHING BESIDES THE ACQUISITION OF MORE PROPERTY? UH, THEY WOULD HAVE TO ACCOMMODATE IT ON SITE IS REALLY HOW IT WOULD BE.
ANY QUESTIONS RON SCOTT? ONE MORE.
I'M JUST TRYING TO RECALL THE, THE ONE, UH, GRAPHIC THAT YOU HAVE THAT SHOWED ALL OF THE THINGS NOT IN COMPLIANCE AND THEN THOSE THAT HAD BEEN TAKEN CARE OF.
THE VERY FIRST ONE WAS THE PARKING.
COULD YOU TELL ME WHEN THAT WAS? I KNOW IT'S NOT A PART OF THIS, BUT WHEN WAS THAT ACTUALLY RESOLVED? YEAH, SO HE, HE DID RESOLVE THE PARKING ISSUE, LIKE IN THE AGREEMENTS, UH, THAT WAS RESOLVED, UM, SHORTLY BEFORE OPENING.
I DON'T REMEMBER THE EXACT DATE.
BUT IT WAS, IT WAS BEFORE, LIKE A WEEK BEFORE, A FEW DAYS BEFORE.
YEAH, THOSE AGREEMENTS WERE SIGNED AND, AND SUBMITTED TO STAFF, AND THEN HE ALSO PAID, THERE WAS, IT'S KIND OF LIKE A LEASE FOR THE ELK PROPERTY AND HE SIGNED AND PAID THAT
SO IF THE, UH, GEN PRICE, AGAIN, IF THE CONDITIONAL USED PERMIT IS REVOKED, DOES THAT MEAN THAT, UM, THE APPLICANT COULDN'T USE THAT ELK PASTURE ANYMORE EITHER OR IS THAT OUTSIDE OF IT WOULD NOT BE COUNTED TOWARDS HIS PARKING TOTALS.
ANY OTHER QUESTIONS? THANK YOU.
UM, I'M HEAR FROM THE APPLICANT.
UH, GARY COOPER, ATTORNEY AT LAW, UH, WITH COOPER
[01:00:01]
AND LARSON AND POCATELLO AND I REPRESENT YOU P UH, ICK BARN AND, AND ROLLING WALKER OF THIS MATTER.UM, I WOULD LIKE EACH OF YOU TO FOCUS ON THE NOTICE OF REVOCATION OF CONDITIONAL USE PERMIT AND THE, UH, UH, REASONS GIVEN THERE FOR THIS REVOCATION HEARING HOURS OF OPERATION, ENVIRONMENTAL EFFECTS AND LANDSCAPING.
THAT'S NOT THE ISSUE AS WE'VE SEEN HERE.
THE PRIMARY ISSUE IS THAT THE CITY IS SEEKING REVOCATION, UH, BECAUSE OF FAILURE TO HAVE AN IMPROVED SITE PLAN, BILLING PERMITS BEFORE OPENING, OBTAINING NECESSARY PERMITS, SUCH AS, UH, THE PERMITS FOR THE, UH, UH, PIZZA KITCHEN.
THIS IS AN EXTREMELY SERIOUS MATTER, AS YOU CAN TELL FROM THE CONSEQUENCES OF REVOKING THIS CONDITIONAL USE PERMIT.
UM, THERE ARE, UH, BOTH, UH, CITY ORDINANCES THAT REQUIRE DUE PROCESS.
DUE PROCESS MEANS YOU HAVE TO GIVE NOTICE OF WHY IT IS THAT YOU ARE GOING TO REVOKE A CONDITIONAL USE PERMIT SO THAT THE APPLICANT HAS A REASONABLE CHANCE TO RESPOND.
AND, UM, AS, AS A CONSEQUENCE HERE OF NOT IDENTIFYING THE SPECIFIC REASON.
YOU KNOW, WE, WE SAT HERE FOR AN HOUR WITH AN EXTREMELY COMPREHENSIVE DETAILED DISSERTATION ABOUT THE, THAT DIDN'T HAPPEN OVERNIGHT.
THIS HAS BEEN IN DEVELOPMENT FOR SOME TIME.
SO WHEN THIS NOTICE WENT OUT, THERE WAS ABSOLUTELY NO REASON THAT THAT NOTICE COULDN'T HAVE NOTIFIED MR. WALKER.
AND YOU PICKED BARNES SPECIFICALLY.
IT DIDN'T, WE'RE NOT PREPARED TO RESPOND TO THOSE.
SO VERY COMPREHENSIVE, UM, UH, STATEMENT HERE THAT WE HAVE A RIGHT TO RESPOND TO, BUT WE CAN'T DO IT ON SPUR OF THE MOMENT.
UM, I'M ASKING THAT, UM, YOU TABLE THIS MATTER OR YOU ALTOGETHER SAY THIS WAS NOT PROPERLY NOTICED AND DEMAND THAT THE CITY RE-NOTICE THIS PROPERLY, UH, TO GO FORWARD.
WHAT WOULD, WHAT IN YOUR VIEW, WHAT WOULD THAT BE? WHAT WOULD, WHAT PROPER NOTICE? WELL, PROPER NOTICE WOULD BE TO TELL US WHAT THE CONDITIONS ARE THAT THEY'RE SEEKING REVOCATION OF TONIGHT.
WE FIND OUT IT'S BECAUSE YOU DON'T HAVE AN APPROVED SITE PLAN, THAT YOU DON'T HAVE BUILDING PERMITS BEFORE YOU OPENED, UH, THAT YOU DIDN'T HAVE THE NECESSARY PERMITS FOR YOUR KITCHEN.
WE CAN RESPOND TO THOSE THINGS, BUT WE OUGHT TO BE ABLE TO DO IT COMPLETELY AND FULLY AND NOT JUST PARTIALLY, UH, AFTER BEING FOUND OUT TONIGHT THAT THOSE ARE THE REASONS AND NOT HOURS OF OPERATION, ENVIRONMENTAL EFFECTS AND LANDSCAPING.
THOSE DON'T EVEN COME CLOSE TO THE CONDITIONS THAT WE HEARD TONIGHT THAT ARE THE REASONS FOR REVOCATION.
WE JUST WANT A FAIR CHANCE AT THIS, THIS IS A SERIOUS CONSEQUENCE TO THE APPLICANT HERE AND THE OWNER.
ANY QUESTIONS FROM THE BOARD? ANY FURTHER QUESTIONS? OKAY,
UM, MY FAVORITE SLIDE UP THERE WAS THE ONE I'D LIKE TO HAVE GO BACK UP OF ALL THE THINGS WE WERE REQUIRED TO DO WITH RED LIGHT THROUGH.
I'LL TELL YOU WHAT, NO ONE CAN BRING UP A SINGLE THING THEY WOULD ASK US TO DO THAT I DID NOT DO.
THE DIFFERENCE IS, FOR EXAMPLE, A SITE PLAN, THEY WOULD ASK US TO DO A SITE PLAN.
IT WAS WHEN IT STARTED, YOU SAW HOW COMPLEX IT GOT IN THE END, RIGHT? WE'D SUBMIT THE SITE PLAN, WE DID EVERYTHING ASKED.
THEY REJECT IT AND SAY, WE WANT YOU TO ALSO DO THIS.
[01:05:01]
YOU TO DO THIS.WE ALSO WANT YOU TO DO THIS IF 15 TIMES.
AND IN THE END WE DID EVERY SINGLE THING THEY ASK.
THAT SIDE PLAN HAS 10 BUILDINGS.
EIGHT OF 'EM ARE ON SKIDS OR WHEELS, LIKE A FOOD TRUCK.
DO YOU GO TO
THE KITCHEN, THE WAY HE DID A WONDERFUL JOB OF SAYING, IT'S A COMMERCIAL KITCHEN.
IT WAS APPROVED, BUT IT WASN'T QUITE BIG ENOUGH.
IT WAS 20 FEET LONG AND 16 FEET WIDE OR 10 FEET WIDE.
WELL, IT JUST WASN'T BIG ENOUGH.
SO WE HAD THE PEOPLE THAT SOLD US THAT TEMPORARY BUILDING.
IT WAS A PRE-BUILT BUILDING, 100% PRE-BUILT.
30 MINUTES, IT WAS ON A TRUCK.
IF YOU COME TO THE UPIC RED BARN AND YOU GET A SODA, I DON'T HOPE YOU'VE BEEN THERE.
I REALLY HOPE YOU'VE BEEN THERE.
BUT IF YOU GO TO THE SODA SHACK, THAT'S THE BUILDING.
PULLED IT OUT, TOOK IT OVER, RUN DOWN ON THE SKIDS, PUT IT THERE ALONG WITH THE OTHER FOOD TRUCKS.
WE TOOK THE NEW KITCHEN, WHICH WAS SIX FEET LONGER AND SIX FEET WIDER.
SO ALL OF THESE BUILDINGS ARE ON SKIDS AND TIRES.
THEY'RE LIKE A FOOD TRUCK EXCEPT ON STEROIDS BECAUSE WE'VE BEEN ASKED TO DO IT.
AND WE HAVE, WE'RE OPEN SIX WEEKS.
WE OPEN UP THE MIDDLE OF SEPTEMBER AND WE CLOSE WITH A BIG CANDY BLAST ON OCTOBER 31ST.
WE ARE THE DESTINATION, THE FUNNEST PLACE YOU'LL EVER SEE FOR FAMILIES AND YOUNG KIDS.
WE HAVE A LOT OF SIGNATURE FOODS BECAUSE IT'S A REALLY FUN PLACE TO COME AND STAY AND WATCH YOUR KIDS FOR A LONG, LONG TIME AND HAVE A VARIETY OF REALLY GOOD FOODS ON THE KITCHEN PERMIT.
THIS WAS ONE HOUR DISCUSSION AND IT WAS ALL ABOUT, WE DON'T HAVE A SITE PLAN AND WE DON'T HAVE A KITCHEN PERMIT.
I WOULD CHALLENGE ANYONE ANYWHERE TO BRING UP ONE THING WE HAVEN'T DONE THAT WE KNEW WE HAD TO DO.
NOW AFTER 15 ITERATIONS AND ADD-ONS AND ADD-ONS AND ADD-ONS AND ADD-ONS, WHEN IT WAS GONNA QUIT, WOULD WE HAVE BEEN OPENED AT ALL? I GOTTA GIVE YOU THIS DETAIL 'CAUSE IT ISN'T DEFIANCE THAT WE SAID WE GONNA OPEN ANYWAY.
WE'RE TRYING TO GET THIS TEMPORARY KITCHEN THAT'S BEEN DEEMED A PERMANENT KITCHEN THAT FROM A A SOPHISTICATED, COMPLICATED KITCHEN.
ALL IT DOES IS A MIXED DOUGH AND A BAKED BREAD.
THE GIRLS DO A GOOD JOB WITH IT.
WHY? WE'D SUBMIT, THEY'D SAY, DO THIS.
THEY'D COME LOOK, THEY'D REVIEW, DID ADD TO IT OVER AND OVER AGAIN.
FINALLY, BECAUSE OF DISGUST AND FRUSTRATION, WE SAID, PLEASE JUST GIVE US A LIST AND WE'LL DO IT ALL SO WE CAN OPEN.
I DIDN'T ATTEND TWO ATTORNEYS, CITY AND ASSISTANT, TWO CITY PEOPLE, WADE AND ANOTHER, AND TWO BUILDERS AND ARCHITECTS.
SIX PEOPLE WERE IN THIS MEETING WITH ONE PURPOSE.
WHAT DO WE NEED TO DO TO GET A PERMIT? TELL US.
[01:10:01]
SIX DAYS AND YOU GOTTA HAVE AN ARCHITECTURAL STAND.THE ATTORNEY SAID TO MERO, IF YOU'LL DO THOSE SIX THINGS AND GET THE ARCHITECTURAL STAND, YOU CAN OPEN QUOTE UNQUOTE.
SO THE ARCHITECT, THE BUILDER, ALL WE'RE THERE, ALL KNEW WHAT WE HAD TO DO.
AND WE DID 'EM WELL, THE MORNING OF THE, OF FRIDAY, AND BY THE WAY, WHEN THEY POSTED WITH POLICEMEN, LIKE WE WERE GONNA ATTACK 'EM OR SOMETHING AND SAID CLOSE, WE DID CLOSE.
AND THEN WE DID HAD THE MEETING.
THEN I TALKED TO MIKE, ATTORNEY KIRKMAN.
THEN I SAID, ARE WE THERE? HE SAID, YOU KNOW WHAT? I BELIEVE I'M ON VACATION.
MY FAMILY OVER THE WEEKEND, I'M GONNA GO IN AND I'M GONNA MAKE SURE YOU'RE OKAY.
HE WENT IN AND TALKED TO THE ASSISTANT APPROVING PERSON, COLBY SOMEBODY, AND HE GOT A HOLD OF ME AND HE SAID, YOU NEED, THERE'S TWO NUMBERS ON THE PLANS THAT THE ARCHITECT AND THE APPROVER AREN'T.
CAN YOU HAVE THAT GUY COME IN? SO THE ARCHITECT RAN IN, THEY AGREED THAT THIS NUMBER NEEDED TO BE FIXED AND THEN WE WOULD BE OKAY.
THE ARCHITECT, ISAIAH WOMACK,
SO THEY'RE ALL NOW, THEY ALL AGREED.
CAN WE OPEN? MIKE WAS OUT A DISTANCE.
HE SAID, WELL, YOU'VE DONE ALL THE THINGS YOU'RE SUPPOSED TO DO.
ARE YOU GONNA SEND AN INSPECTOR? ARE YOU GONNA SOMEBODY SEE SOMEBODY THAT WE'D COME AND SEE THAT WE DID WHAT WE SAID IT WOULD DO.
BECAUSE EVERY TIME THEY'D COME AND SEE HIM, IF WE'D, IF WE'D DONE WHAT WE SAID WE DO, THEY SAW THAT WE'D DONE WHAT WE DID LIKE GREASE TRAPS.
ONE SIDEBAR, WE GOT ACCUSED OF DUMPING GREASE INTO THE SYSTEM.
WE HAD GREASE TRAPS ON EVERY SINGLE FOOD TRUCK AND KITCHEN.
WELL THEY SENT SOMEBODY ELSE TO MAKE SURE WE DID.
THEN THEY SENT SOMEBODY TO SNAKE THE LINE FROM THE STREET TO SEE IF WE WERE PUTTING GREASE IN OR WE WEREN'T.
WE HAD A FOUR INCH LINE DUMPING INTO AN EIGHT INCH LINE.
THE ENGINEERED PLANS AND APPROVED AND SIGNED OFF.
HE CALLED ME AT FOUR 30 IN THE AFTERNOON ON FRIDAY.
ARE YOU GONNA COME OUT AND SEE? IT'S ALL I HAVE LEFT TO DO.
I'VE DONE EVERYTHING ELSE TO GET A PERMIT.
WAKE SAID, NO, MY PEOPLE WANT TO GO HOME.
THEY DON'T WANNA WORK ON THE WEEKEND.
AND BESIDES THAT, YOU'RE NOT DONE.
I SAYS, YOU HAD SIX PEOPLE IN A MEETING.
THE ATTORNEY SAID, IF I DID THEM, I COULD OPEN.
I'M OPENING HOW MUCH MORE, HOW MUCH LONGER? I I'M GLAD YOU HAD THE BIG LIST UP THERE, WADE SANDERS.
BECAUSE YOU COULD SEE, DO I DO THE PARKING? YEAH, I DID THE PARKING DUMP.
DID WE MARK IT? YEAH, WE DID EVERYTHING YOU ASKED US TO DO.
EVEN THE TREE LINE THAT YOU, YOU'VE BEEN THERE.
I HOPE YOU SEE THE NORTH TREE LINE.
SO WE MET WITH THE FORESTER CREEK, MADE A PLANT, SAID WE'D DO IT.
THERE'S THINGS THAT, AT WHAT POINT COULD WE, NOT A CYCL PLAN, THAT'S JUST THIS, THIS, THAT'S, I TELL YOU WHAT HAPPENED ON THE SIGHT LINE.
IT HAPPENED ON THE KITCHEN AGAIN AND AGAIN AND AGAIN AND AGAIN.
YOU DON'T SEE ON THIS LIST UP HERE.
WELL, HE DIDN'T FIX THE PARKING, HE DIDN'T DO THE SEWER, WHATEVER THE LIST WAS.
THANK YOU FOR YOUR TIME, BUT PLEASE HEAR ME.
THERE'S NOT A SINGLE, SINGLE THING THAT THEY ASKED US TO DO.
EVEN THOUGH THEY WERE CONTINUOUS AND THEY ADDED AND ADDED AND ADDED THAT WE DIDN'T DO.
SO THAT WE COULDN'T GET A PERMITT.
I'VE BEEN ASKED TO COME DOWN AND CITE YOU FOR BEING OPEN.
I GO FOR WHAT? I'VE DONE EVERYTHING YOU SAID WE HAD TO DO TO OPEN.
[01:15:01]
YOU HAVE DONE EVERYTHING, BUT YOU DON'T HAVE A PERMIT.SO WHAT CAN'T SHOW OURSELVES A PERMIT.
YOU GOT A POINT THERE EXCEPT THE SITE PLAN.
I'M NOT BUILDING HOTELS OR FOUR OR 500 OR 800 APARTMENTS OR A COMMERCIAL BUILDING FOR A MALL COMMERCIAL OR AN OUTLET OR RETAIL OR RESTAURANTS.
I SAY THIS, MY SON, I WANT HIM TO LEARN TO WORK.
AND HE STARTED A PUMPKIN PATCH AND HE BROUGHT A LITTLE TRAIN IN AND IT BECOMES SO POPULAR TO COME PICK YOUR OWN PUMPKINS AND RIDE A TRAIN.
THAT IT EXPANDED AND IT EXPANDED.
FINALLY WE HAD TO BECAUSE WE KEPT ADDING IN.
ANYWAY, SO I LOST MCNEAL AND HE GOT KILLED DRIVING THIS TRACTOR FROM OUR BIG FARM, HIS LITTLE ONE.
I PICTURE HIM LOOKING DOWN AT THIS, YOU KNOW, HAVE YOU EVER SEEN A DRONE OR THE PICTURES WE HAVE, IT LOOKS LIKE A PI.
THERE'S SO MANY KIDS AND THEY'RE HAVING SO MUCH FUN AND THEY'RE JUST POPPING.
AND PARENTS ARE SITTING IN CHAIRS AND EATING GOOD FOOD.
AND YOU HOPE FOR A BEAUTIFUL DAY.
BUT BOY, ARE WE HAVING A HARD TIME KEEPING IT OPEN, MAN.
ARE WE HAVING OBSTACLES THAT WE HAVE TO OVERCOME? HOW MANY MORE TIMES, HOW MANY MORE THINGS? AND IT'S ALMOST LIKE IF WE CAN JUST KEEP THROWING IN THE OBSTACLES, YOU WON'T BE ABLE TO OPEN.
I OPENED NOW HE HAD A LOT OF PROOF IN HIS OPEN.
SO YOU CAN REVOKE OUR LICENSE AND WE CAN GO THROUGH MORE OF THIS AND THEY CAN THROW IN MORE THINGS AND WE'LL KEEP GOING.
BUT WHEN IS IT ENOUGH? WE'RE A PUMPKIN PATCH WHERE YOUNG FAMILIES COME AND HAVE A LOT OF FUN AND IT'S SAFE AND IT'S A GOOD ENVIRONMENT AND WE PROVIDE GOOD FOOD.
AND WE'RE NOT TRYING TO GET AWAY WITH ANYTHING.
I MEAN, SOME OF WAVES, ADVERTISEMENTS WHERE YOU'RE OLD ENOUGH THIS YEAR, BUT THAT'S OKAY.
I'M JUST SAYING TO YOU WHEN I SAY WHAT ABOUT COMMON SENSE, I'M NOT ASKING TO LET ME VIOLATE A LAW.
DO YOU KNOW THAT? TWO DAYS AGO, THREE DAYS AGO, I GOT THIS EXCITING CALL FROM A VERY GOOD PERSON IN THE CITY.
YES, YOUR SITE PLAN IS APPROVED.
NO, WE DO HAVE AN APPROVED SITE PLAN.
THERE'S BEEN MORE 15 ITERATIONS.
THE SITE LINE'S ALL APPROVED, SIGNED OFF, BUT NOT LOADED INTO THE CITY WORKS BECAUSE THEY WANT ME TO DEED PROPERTY TO THEM AND SIGN AN EASEMENT THAT GIVES THEM CONTROL.
THERE'S A LOT OF THINGS I DON'T KNOW, BUT DEEDING PROPERTY OVER WITHOUT A REASON, WITHOUT SOMETHING IN EXCHANGE OR GIVEN AN EASEMENT.
I CAN TELL YOU EASEMENTS ARE POWERFUL AND YOU CAN NEVER REVOKE 'EM.
SO YOU GOTTA BE REALLY CAREFUL WHEN YOU GET AN EASEMENT BECAUSE YOU'RE GIVING SOMEBODY ELSE ALL THE CONTROL AND YOU STILL PAY ALL THE TAXES AND HAVE NO CONTROL.
SO OF COURSE I DIDN'T SIGN THAT.
I'VE GOTTA KNOW WHAT THE REASON WAS.
'CAUSE I KNOW ONE THING YOU DID OVER PROPERTY, IT'S NO LONGER YOURS.
YOU SIGN THAT AN EASEMENT, IT'S NO LONGER YOURS.
SO IT ISN'T, IT IS A SPIRIT OF REBELLION.
IT ISN'T ME TRYING TO KICK AGAINST THE PRS.
IT ISN'T ME THROWING FITS BECAUSE I REFUSE TO DO THINGS.
I WELCOME YOU TO FIND ONE THING THEY ASKED US TO DO, WE DIDN'T DO.
NOW IF WE DIDN'T DO IT, 'CAUSE WE DIDN'T KNOW.
AND EVEN AS WE, AS WE SPEAK THE KITCHEN, THE PORTABLE KITCHEN ON SKIDS THAT'S HAD TO DO THESE THINGS AS IF I BUILT A RESTAURANT, WE DID IT.
[01:20:02]
I DON'T KNOW.PROBABLY SOMETHING ELSE THEY WANT US TO DO.
BUT WE'RE CLOSED AND, AND HERE WE ARE SIX WEEKS AFTER I GET THIS LETTER SAYING, WE ARE GONNA REVOKE YOUR PERMIT.
I LISTEN, I HAVE A LOT OF EMOTION 'CAUSE I HAVE PASSION FOR EVERYTHING I DO.
BUT LADIES AND GO, I'M, PLEASE DON'T BE.
WE HAVE EARNED IT AND WE QUALIFY FOR THE PREMIER.
WE, WE QUALIFY FOR THE SITE PLAN THAT IS APPROVED.
IF I DEED OVER MY PROPERTY AND GIVE THE CONTROL, I THAT'S, THAT'S THE LINE FOR ME.
BUT EVERYTHING ELSE WE'VE DONE AND WE'RE SAFE, WE'RE HAPPY.
NOW I DON'T HAVE, I HAVEN'T GOT ON SOCIAL MEDIA AND THOUSANDS OF EMAILS AND FACEBOOK AND SAID, COME HERE AND SPEAK UP FOR US.
DO YOU THINK PEOPLE WOULD SHOW UP FOR US? WHO DO YOU PICK? RED BARN.
WE'RE NOT HERE FOR THAT FIGHT UNLESS WE HAVE TO BE.
AND PLEASE HEAR ME SAY, WE HAVE DONE EVERYTHING I'M AWARE OF THAT THEY'VE ASKED US TO DO.
HE HAS NOT ACCEPTED OUR SITE PLAN.
I TOLD YOU THE ONLY TWO REASONS I KNOW.
AND I WAS CALLED AND TOLD, IF YOU SIGN OVER WITH EASEMENTS AND YOU DEED YOUR PROPERTY TO US, WE'LL LOAD THE APPROVED CYCLE ON CITY WORKS.
'CAUSE I WON'T DO THAT OTHERWISE.
THEY SAID THAT COUNCIL LOOKS NEEDY.
ANYWAY, THANK YOU FOR LETTING ME EXPRESS MY POINT OF VIEW.
I THINK YOU'LL FIND I HAVEN'T EXAGGERATED IT AND I ALSO THINK YOU'LL FIND THAT ANYTHING I'M ASKED TO DO ALL DAY, IT'S A HUG THAT WE DO.
AND I DO SPECIFICALLY IN MEMORY OF MY SON IN A VERY, VERY GOOD TIME OF YEAR, A SEASON.
IF YOU HAVEN'T BEEN THERE, YOU SHOULD GO.
HALF THE FAMILY'S FROM JACKSON HOLE DRIVE OVER HERE FOR IT.
WE HAVE PEOPLE DRIVE TWO OR THREE HOURS TO ATTEND THE RED BARN.
YEAH, IT'S A GOOD PLACE AND MEANT TO DO GOOD.
SORRY, I JUST MAKE SURE WE ASK QUESTIONS.
UH, PRISE, I, SO THE ONE THING THAT I, I WANNA ASK SOME CLARITY QUESTIONS ABOUT ARE THE, SO THE SILO, THERE ARE TWO BUILDINGS THAT ARE ON FOUNDATIONS.
IS THAT THE SILO IN THE BATHROOMS CORRECT.
NO, NOT BATHROOMS. NOT BATHROOMS. YEAH.
REGGIE FO CAN JUST INTERRUPT YOU A LITTLE BIT.
REGGIE, ER YOU REMEMBER HIM? REGGIE FOER, EXCUSE ME, CHIEF BUILDING? OH NO, HE WAS, HE WAS PRIOR TO THE WAIT, I WENT IN, BEFORE I EVEN MOVED ANYTHING, I SAID, CAN I MAKE THIS A PUMPKIN BADGE? AND HE WENT THROUGH ALL OF IT.
THE SILO, EVERYTHING APPROVED ALL OF IT.
BUT HE ADDED, WE, WE WERE GOING TO PUT BATHROOMS. THERE'S NO WAY WE COULD BUILD ENOUGH PUBLIC RESTROOMS FOR ALL THE PEOPLE THAT COME.
YOUR QUESTION IS THE SILO IN THE BARN THE ONLY THING ON ON CONCRETE.
I WAS WONDERING IF YOU'RE, UH, SO YOU'RE ON CITY WATER IN THE SILO AND THE POWER.
I WAS, THE ONE THING THAT I HAVEN'T HEARD SPOKEN TO YET IS, UH, THE INSPECTION OF ANY ELECTRICAL WORK THAT WAS DONE.
I THINK THAT'S PART OF THE PROCESS.
AND I JUST WANTED TO, THAT'S A REALLY GOOD QUESTION.
'CAUSE WE HAVE DONE EVERYTHING, BUT THEY WON'T SEND OUT AN INSPECTOR.
WHY? WE'VE DONE EVERYTHING WE HAD PRE-INSPECTIONS.
'CAUSE WE DIDN'T WANT TO, WE WANTED THE INSPECTOR TO COME DO A FINAL INSPECTION.
SO WE HAD A LOT OF PRE-INSPECTIONS ON THE SEWER, THE WATER, THE ELECTRICAL.
AND THOSE INSPECTIONS HAVE PASSED.
NO, WE HAVEN'T GOT AN INSPECTION BECAUSE THEY WON'T SEND ONE.
BUT ALL THE PRE-INSPECTIONS, EVERYTHING ON THE LIST HAS BEEN DONE.
IN OTHER WORDS, JENNA? MM-HMM
THE CHALLENGE WOULD BE FIND SOMETHING WE HAVEN'T DONE.
'CAUSE WE, WE, WE'VE DONE EVERYTHING.
LIKE THEY SAID, YOU NEED A LITTLE BIT OF CLEARANCE HERE.
IF THEY SAID YOU NEED SOMETHING HERE, LIKE WHAT WE HAVE, THEY SAID THAT NEEDS A COVER.
IF THEY SAID YOU NEED TO GO A LITTLE FURTHER AWAY ON THIS PART, WE DID IT.
I HAVE A FULL-TIME ELECTRICIAN THAT WORKS FOR THE FARMS, THE PRODUCE
[01:25:01]
AND THE DEVELOPERS.I HAD THEM GO OVER AND SAY, LOOK GUYS, THERE'S NO USE FIGHTING.
IF WE NEED TO DO IT, LET'S DO IT.
DOES THAT ANSWER YOUR QUESTION? BUT YOU'RE RIGHT.
WE HAVEN'T HAD A FINAL INSPECTION.
AND YOU WANT, WHEN THEY, WHEN I FINALLY GOT DONE, EXCUSE ME, GENERAL, AND THEY FINALLY SAID I HAD QUALIFIED FOR THE PERMIT.
THEY WOULDN'T SEND ONE BECAUSE THEY SAID WE WON'T SEND OR GIVE YOU A PERMIT FOR ANY OF YOUR BUILDINGS UNTIL A FINAL SITE PLAN IS DONE.
THIS IS A QUESTION MAYBE FOR THE CITY, UM, IS THE, TO DO, TO DO AN ELECTRICAL INSPECTION, YOU CANNOT HAVE YOUR WALLS CLOSED OFF.
RIGHT? YOU HAVE TO HAVE YOUR WALLS OPEN.
IS THAT, IS THAT TRUE OR NOT TRUE? I DEFER TO THE CHAIR IF YOU'D LIKE ME TO SPEAK OR NOT.
I CAN SPEAK AT THE END IF YOU WOULD LIKE.
FROM TYPICALLY, UM, WHAT I'D ENCOURAGE THE BOARD TO DO IS TO ALLOW WHO YOU'VE GOT FROM YOU AND THEN, UH, TAKE THE TESTIMONY IN THAT ORDER.
AND THEN IF YOU NEED TO CALL UP WITNESSES AGAIN TO ASK FOLLOW UP QUESTIONS, YOU CAN.
SO IF YOU HAVE MORE QUESTIONS FOR THE, YOU PICK BARN.
YEAH, I ASK THOSE AND THEN THE CITY WILL HAVE A REBUTTAL AT THE END.
THAT YOU COULD RAISE YOUR QUESTIONS THEN.
UH, AT THE END OF THE HEARING, IF YOU HAVE, IF ANY MEMBER OF THE BOARD HAS A QUESTION FOR ANYONE WHO HAS PRESENTED ANY TESTIMONY, YOU MAY CALL THEM BACK.
AND ASK THEM ADDITIONAL FOLLOW UP QUESTIONS BEFORE YOU CLOSE THE HEARING.
SO YOU HAVE PRE-INSPECTIONS BECAUSE YOU, YOU'RE RIGHT.
YOU HAVE TO BE ABLE TO SEE IT.
SOMEBODY ELSE HAS TO BE ABLE TO SEE IT.
OTHERWISE WHEN YOU COME, LIKE LET'S SAY THIS IS DONE.
IF YOU HADN'T DONE PRE-INSPECTIONS DURING THE PROCESS OF THE BUILDING TO GET A FINAL INSPECTION, THAT'D MAKE YOU CUT A HOLE IN THAT AND LOOK AND SEE WHAT HAD INSTALLATION AND WIRE AND PLUMBING AND EVERYTHING.
THIS IS A REALLY GOOD QUESTION FOR MIKE BUILDINGS.
'CAUSE HE WENT THROUGH ALL OF THAT.
EVERY SINGLE STAGE FOR US AS A BUILDING.
SO I KNOW THAT WE, FOR THE CONDITION USE PERMIT, WHEN WE FIRST STARTED THE PROCESS, UM, UH, YOU'RE SUPPOSED TO PRESENT A, UH, SITE PLAN WAS BE APPROVED BY THE CITY.
HOW'S THAT BEEN? LIKE THAT'S WHAT I WAS TALKING ABOUT.
THE SITE PLAN THAT HAD 15 ITERATIONS, THEY KEPT ADDING THINGS TO IT.
AS WE SPEAK RIGHT NOW, MR. KENNEDY, I HAVE BEEN TOLD THE FINAL PLAN HAS BEEN APPROVED, BUT THEY WON'T GIVE IT TO US.
THEY WON'T LOAD IT BECAUSE THEY'RE REQUIRE ME TO SIGN OVER DEED AND SIGN OVER EASEMENTS FOR CONTROL.
SO AS NO, THERE'S NOT AN APPROVED WELL, AND THERE'S NOT A LOADED ONE.
BUT THERE'S SUPPOSED TO BE APPROVED.
YOU WERE TALKING ABOUT THE FACT THAT THIS THING CONTINUES TO, YOU KNOW, THE GOAL POST KEEPS MOVING PER SE.
ARE THOSE THINGS HAPPENING IN ACCORDANCE WITH THE GROWING SIZE OF YOUR COMPANY? 'CAUSE IT IS EVER EXPANDING WITH NEW THINGS.
ARE THOSE NEW REQUIREMENTS BY THE CITY IN ACCORDANCE WITH THE GROWTH OF YOUR COMPANY? OR DO YOU HAVE THOSE THINGS BEEN INDEPENDENT OF THAT GROWTH? DO WE DIDN'T GROW MUCH THIS YEAR THAT WE COULDN'T? WELL WE DO GROW WITH EVENTS, BUT THEY'RE ALL LIKE BUILDING LIKE FOOD TRUCKS, RIGHT? AND THE FOOD'S ON SKIDS OR A PEDAL PART OR SOMETHING.
BUT THEY'RE ALL A CHICKEN COOP.
RIGHT? BUT THEY'RE ALL NONE OF OUR PERMANENT BUILDINGS.
AND SO THIS HASN'T HAPPENED BECAUSE WE WERE GROWING AND THEY WERE ASKING, IT WAS, IT WAS LIKE, THE QUESTION QUESTION IS, WHY CAN'T YOU JUST GO IN AND GET A LIST AND DO IT AND THEN BE DONE? I, OR, OR DO IT AGAIN.
I MEAN, I CAN SEE TWO OR THREE INSPECTIONS.
WE, WE TRY TO, WE TRY TO FIND SOMETHING NEW FOR FAMILIES TO DO, BUT IT ISN'T LIKE WE'RE PUTTING IN FOUNDATIONS AND IRISES.
ANY FURTHER QUESTIONS FOR MR. WALKER? THIS
SCOTT, I GOT AN I WANT, I I WANT TO REALLY BE CLEAR ON ASKING YOUR QUESTIONS.
WE HAVE DONE CHANGES, UH, IN THIS REGARD.
FOR EXAMPLE, YOU SEE OUR FOOD TRUCKS, HOPEFULLY YOU'VE BEEN THERE.
SO WE HAVE FOUR FOOD TRUCK SPOTS, RIGHT? WELL WHAT'S REQUIRED ON A FOOD TRUCK IS YOU HAVE TEMPORARY POWER, TEMPORARY GAS, PROPANE, AND YOU HAVE TO HAUL OFF YOUR WHITE WATER.
WELL, WHAT WE DID, RATHER THAN DO THAT EVERY DAY, WE ALL,
[01:30:01]
WE'D WE'D PUT IN A PERMANENT WATER SEWER POWER SYSTEM TO OUR HOLE, TO OUR BARN AND OUR SIDEWALK AND OUR KITCHEN, OUR FOOD, YOU KNOW, WHERE THE POWER CAN.AND WE DECIDED LET'S JUST, I MEAN WE'VE GOT IT IN.
LET'S JUST RUN SEWER AND WATER AND POWER INTO THIS FOOD TRUCK SO WE DON'T HAVE TO HAUL UP EVERY DAY.
SO WE'VE DONE THINGS LIKE THAT.
WE DO REQUIRE WHAT REQUIRED WE DID IT THEN AFTER WE DID IT, THEY MAY HAVE ASKED US TO PUT IT ON THE PLAN, BUT SEE WHAT I'M SAYING? IT'D BE LIKE YOU GOT WATER AND YOU WANT TO HOOK UP A HOSE AND DRAG IT SOME WAY YOU CAN.
WE JUST DECIDED TO DO A MORE PERMANENTLY CLEANER, BETTER, EASIER THAT ANSWER THAT.
ANY FURTHER QUESTIONS? THANK YOU.
IF ANYBODY FROM THE PUBLIC WOULD LIKE TO CALL IN, PLEASE STATE YOUR NAME AND ADDRESS WHEN YOU APPROACH THE WILLIAM
CHERYL ASHMAN, UH, 30 50 30 RIDGE SERVER ON THE SUBDIVISION RIGHT THERE.
CHERYL ASHMAN 30 50 BAY BRIDGE CIRCLE.
HE, I'M CONFUSED AND I DON'T UNDERSTAND A LOT OF THE CITY STUFF 'CAUSE I'M NOT A BUILDER OR ANYTHING ELSE.
BUT WHEN WE HAD THE BOARD OF ADJUSTMENTS AND THEY PUT THE CONDITIONS ON, IT WASN'T THAT THERE WASN'T THAT THERE.
I DON'T THINK IT WAS NECESSARILY SPRUNG ON 'EM.
IT'S, WE'VE BEEN DOING THIS FOR SO LONG.
ANYBODY ELSE WANT TO SPEAK FOR AGAINST? I JUST, UH, MIKE BILLINGS.
TO ANSWER YOUR QUESTION THAT YOUR ADDRESS, MIKE, APPRECIATE IT.
PARDON? JUST YOUR HOME ADDRESS IF YOU COULD PLEASE.
UH, TO ANSWER YOUR QUESTION ABOUT THE ELECTRICAL, WHAT WE DID, WE KNEW WE WERE IN THE SHORT TIMEFRAME TO GET THE BUILDING DONE.
SO WHEN WE DID THE ELECTRICAL, I HAD, UH, THE ELECTRICIANS CALL AND GET THE INSPECTOR OVER THERE AND THEY INSPECTED US, BUT NOTHING WAS SIGNED OFF 'CAUSE WE DIDN'T HAVE THE PERMIT TO SIGN OFF.
AND THEN ANOTHER POINT IS ONE OF THE MEETINGS, THIS WAS AFTER THEY PUT THE SIGNS ON THE DOORS TO, UH, YOU KNOW, THAT WE COULDN'T OCCUPY 'EM.
UH, WE, UH,
WE WENT THROUGH THE WHOLE LIST.
WE WENT THROUGH THE WHOLE LIST, THE ARC.
I THOUGHT IT WAS SUPPOSED TO BE BETWEEN ME, THE ARCHITECT AND CODY, THE COMMERCIAL PLANNER REVIEWER.
IT ENDED UP, THERE WAS MORE PEOPLE THERE FROM THE CITY, BUT THEY, UH, WE WENT THROUGH THE WHOLE LIST TO SEE WHAT NEEDED TO BE ON THE PLANS.
AND WHEN WE FINISHED THAT MEETING, I ASKED ONE QUESTION.
I SAYS, OKAY, BECAUSE ROLLIE'S GOING TO ASK WHAT DO WE NEED TO DO TO GET THE SIGNS TAKEN OFF THE DOOR? AND THEY SAID, WE NEED TO GET 'EM THAT PLAN WITH IT SIGNED AND STAMPED.
WE SUBMITTED THAT PLAN FRIDAY MORNING AND THAT, THAT FRIDAY AFTERNOON IS WHEN THEY SAID THAT WE DIDN'T HAVE EVERYTHING DONE.
BUT THEY HAD, THEY HAD A COUPLE ISSUES THAT THEY CALLED THE ARCHITECT AND HE TOOK CARE OF THAT HIDDEN NUMBERS THAT REALLY MENTIONED.
ANY QUESTIONS FOR MINE? ANYBODY ELSE LIKE TO SPEAK? ALRIGHT, SO THEN, UH, CITY HAS A REBUTTAL.
SO WADE, IF YOU'D LIKE TO PRESENT ANYTHING ELSE, LIKE TO CLARIFY NOW? YEAH.
UH, THE FIRST ITEM, UH, THAT WAS RAISED ARE THE NOTICING ISSUES.
AND FORGIVE ME, I'M, I'M LITTLE NOT SOPHISTICATED ENOUGH.
I DON'T KNOW THEIR NOTICING REQUIREMENTS OFF THE TOP OF MY HEAD, SO I WOULD ASK FOR A LITTLE HELP ON THAT.
SO THE NOTICING REQUIREMENTS, UM,
[01:35:01]
ACCORDING TO IDAHO CODE AND OUR ORDINANCE REQUIRE THAT, UH, PROPERTY OWNERS WITHIN 300 FEET BE NOTICED THAT THERE'S A PUBLIC HEARING WITH THE DATE AND TIME AND WHAT WILL BE HEARD.UM, WE ARE ALSO REQUIRED BY IDAHO CODE TO SUBMIT A NOTICE IN THE LOCAL NEWSPAPER 15 DAYS PRIOR TO THE, HE A MINIMUM OF 15 DAYS PRIOR TO THE HEARING.
UM, WHICH WE DID THAT AS WELL.
UM, THE POST REGISTER ONLY RUNS ON SATURDAYS NOW, I BELIEVE.
SO IT ACTUALLY ENDS UP BEING MORE LIKE 20 DAYS PRIOR TO THE HEARING.
UM, AND THEN WE POST EVERYTHING, UH, ON THE WEBSITE, WHICH IS NOT STATUTORILY REQUIRED.
AND THEN WE, UH, POST THE AGENDA IN TWO DIFFERENT LOCATIONS, UM, HERE IN THIS BUILDING AND ALSO AT THE COURT OR CITY HALL, UM, 48 HOURS PRIOR TO THE PUBLIC HEARING, WHICH IS ALSO IDAHO CODE.
UM, I GUESS THE ONLY COMMENT THAT I HAVE FROM STAFF, I WAS THINKING OF GOING THROUGH AS TAKING NOTES, UM, ON SOME OF THE ISSUES THAT WERE RAISED, UM, THE, THE APPLICANT CLEARLY STATED THAT THEY WERE, THAT THEY WERE OPEN WITHOUT A BUILDING PERMIT AND WITHOUT A SITE PLAN.
AND I THINK, NOT TO MUDDY IT TOO MUCH, BUT THE BUILDING PLAN, THE BUILDING PERMIT AND THE SITE PLAN ARE ONE AND THE SAME.
AND, UM, WHEN IT STATED THAT, UH, FOR EXAMPLE, THAT THE, THE GOALPOSTS MOVE, I APPRECIATED THAT QUESTION.
I THINK IT WAS VERY CLEAR FROM THE FIRST SITE PLAN.
AND THERE WERE NOT 15 ALLITERATIONS OF THE SITE PLAN.
THERE WERE FOUR, AND I SHOWED YOU ALL FOUR OF THOSE.
AND IT'S CLEAR THAT THE FIRST SITE PLAN IS DRASTICALLY DIFFERENT THAN THE SECOND SITE PLAN.
SO IT WASN'T THAT THE GOALPOST MOVED, IT WAS THAT THE, THE PROPERTY IS ALWAYS GROWING AND, AND THINGS ARE CHANGING ON THERE.
AND THAT'S WHY WE WANTED TO TAKE 'EM THROUGH THE CONDITIONAL USE FOR THAT PROCESS AND DO AGRICULTURAL TOURISM TO HELP WITH THAT, TO HELP HIM GROW HIS BUSINESS.
I I JUST THINK THAT THE APPLICANT HAS SHOWN A VERY BLATANT DISREGARD OF THE RULES THAT WE HAVE OF ORGANIZING OUR CITY AND OUR ZONING REGULATIONS AND OUR BUILDING REGULATIONS.
HE KNEW THAT HE DID NOT HAVE WHAT WAS REQUIRED AND HE DID IT ANYWAYS.
AND I THINK IT SHOWS THAT HE, I THINK IT JUST SHOWS THAT TO HIM, THE RULES DON'T APPLY TO HIM.
AND THAT IS NOT TRUE FOR ANY CITIZEN WITHIN THE CITY.
WE HAVE ZONING REGULATIONS FOR A REASON, AND THEY ARE FOR A NUMBER OF REASONS, PRIMARILY FOR THE HEALTH AND SAFETY OF OUR COMMUNITY.
I ALSO WANTED TO MAKE COMMENT JUST THAT, UM, HE COMMENTED THAT WE DID NOT GIVE HIM A PERMIT.
I, I THINK, UH, I THINK THE APPLICANT HAS TO TAKE RESPONSIBILITY FOR THEIR NON-COMPLIANCE.
THAT THEY ARE RESPONSIBLE TO GET THE PERMIT AND THE SITE PLAN.
UM, IGNORANCE OF THE LAW DOES NOT MAKE YOU EXEMPT FROM THE LAW.
YOU STILL HAVE TO COMPLY WITH THE LAW.
AND, UM, IT'S NOT SOMETHING THAT I GIVE OUT.
YOU MEET THE REGULATIONS AND THE PERMIT IS ISSUED.
YOU MEET THE REGULATIONS AND THE SITE PLAN IS ISSUED.
THAT'S WHY I SHOWED THOSE SECTIONS OF CODE.
THE CHECKLIST IS BUILT IN, IT'S ON OUR BUILDING DIVISION WEBSITE.
IT'S BUILT INTO OUR PERMITTING SOFTWARE.
IF YOU CAN MEET THOSE REQUIREMENTS AND YOU GET A PERMIT AND YOU GET A SITE PLAN, THAT'S JUST HOW IT WORKS.
IT'S NOT SOME ARBITRARY, UH, FEEL GOOD THING THAT WE DO OR TRY TO IMPEDE DEVELOPMENT.
IN FACT, I WOULD ARGUE DIFFERENTLY AND VARSITY IS VERY PRO DEVELOPMENT, BUT I THINK THE CITIZENS NEED TO TAKE RESPONSIBILITY FOR THAT.
UM, AND THEY MENTIONED A NUMBER OF THINGS THAT, UM, I, I JUST DON'T KNOW IF I REALLY WANT TO GO INTO
THERE'S JUST SO MANY THINGS THAT WERE SAID THAT WERE JUST NOT TRUE BY THE APPLICANT.
UM, DID, HE TALKS ABOUT HOW THERE WERE THESE MOVING BUILDINGS.
WE'RE NOT TALKING ABOUT THOSE, WE'RE TALKING ABOUT THE PIZZA KITCHEN.
[01:40:01]
THE SITE PLAN.IF HE HAS OTHER THINGS ON THE PROPERTY, IT WAS NEVER SHOWN ON THE SITE PLAN.
I WOULD CALL YOUR ATTENTION BACK TO WHAT THE SITE PLAN THAT WAS APPROVED BACK IN 20, UH, 22 MAY OF 2022, WHAT THAT WAS APPROVED.
JUST WATCH THE LOCAL EIGHT NEWS REPORT.
AND YOU CAN SEE IT IS DRASTICALLY DIFFERENT THAN WHAT WAS APPROVED.
AND THAT IS WHY AS STAFF, WE HAVE TO ENFORCE, WE HAVE SPENT A LOT OF TIME TO TRY TO BRING HIM IN COMPLIANCE, TRY TO WORK WITH THE APPLICANT, AND HE HAS JUST BLATANTLY SHOWN THAT HE HAS COMPLETE DISREGARD FOR WHAT WE DO AND FOR THE RULES OF OUR SOCIETY.
AND SO TO THAT, I, I WOULD JUST ARGUE THAT I, I THINK THAT THE FACTS ARE VERY CLEAR THAT HE WAS OPEN.
HE WAS IN VIOLATION OF HIS CONDITIONAL USE PERMIT AND THAT'S WHY WE BROUGHT THE REVOCATION TO YOU.
IT'S UP TO YOUR PURVIEW TO WHAT YOU DECIDE WITH THAT.
BUT ALL I CAN DO IS PRESENT FACTS AND UH, AND THOSE ARE THE FACTS OF THE CASE.
AND THAT'S ALL I CAN STATE ABOUT IT.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE OR MAYBE SOMETHING I DIDN'T ADDRESS THAT YOU WOULD LIKE ADDRESS.
CAN YOU, OR IF YOU POSSIBLY CAN EXPOUND ON THE, UM, SITE PLAN AND WHAT MR. WALKER SAID ABOUT THE EASEMENT.
IS THAT WHY THE SITE PLAN IS BEING HELD UP? THE, THE SITE PLAN AS PART, AS I MENTIONED ON THE CODE REQUIREMENTS AND IMPROVEMENT, THERE IS DEDICATION AT TIMES THAT ARE REQUIRED FOR STREET WIDTH IMPROVEMENTS.
UH, ROLE IN DEBT IS ON A, UM, UH, ROLAND DEBT IS ON A, UH, MAKE SURE THAT IT IS ON A MAJOR COLLECTOR, MAJOR COLLECTOR.
IT'S ON A MAJOR COLLECTOR AND WITH THAT THERE ARE, UH, BIKE AND UM, UH, THERE'S RIGHT OF WAY THERE'S A CERTAIN WIDTH OF A MAJOR COLLECTOR.
AND ALSO, UM, UH, AND ALSO THERE ARE UM, UH, BIKE LANES ON ROLLING DEAD AS WELL.
AND THAT'S THE REASON FOR THE DEDICATION.
UM, I CAN'T ADDRESS COMPLETELY, I HAVE SOME CODE SECTIONS I CAN QUOTE, BUT I KNOW THERE'S A ROAD PROFILE.
WE HAVE SOMEONE FROM ENGINEERING HERE THAT CAN ADDRESS WHY IT IS THE WIDTH AND THINGS LIKE THAT, THAT WOULD BE BETTER ABLE THAN THAT MIGHT LACK OF KNOWLEDGE.
SO, BUT UH, IT IS ON A MAJOR CO UH, COLLECTOR AND THAT'S WHY THE REQUIREMENT IS THERE.
THIS EASEMENT HASN'T BEEN MADE AWARE TO MR. WALKER? YES, SIR.
YEAH, HE IS ALL AWARE AND THE DOCUMENTS ARE JUST WAITING TO BE SIGNED.
SO THERE'S NOT AN APPROVED SITE PLAN AS FAR AS YOU'RE AWARE OF THAT'S OUT THERE.
THAT'S WAITING ON THIS SITE EASEMENT.
SO THERE IS NO APPROVED SITE PLAN OR PERMIT OF RECENT.
THERE IS THE MAY OF 2022 SITE PLAN AND BUILDING PERMITS THAT WERE APPROVED.
THOSE ARE THE ONLY APPROVED PERMITS ON THE PROPERTY.
DOES THE, DOES THE MOST RECENT SUBMITTAL FOR THAT OF THAT SITE PLAN THAT WE JUST SAW, UM, DOES THAT SHOW THE EASEMENT? IT DOES, YES IT DOES.
YEAH, YOU WOULD KNOW BETTER THAN ME, CHRIS ON THAT.
SO THE EASEMENTS, JUST SO IT'S RECORDED, SORRY.
SO WITH THE SITE PLAN REVIEW PROCESS, UH, AT CERTAIN STREETS LIKE A MAJOR COLLECTOR OR AN ARTERIAL ROAD, THERE'S CERTAIN STREET DEDICATION REQUIREMENTS.
A MAJOR COLLECTOR IS A 40 FOOT DEDICATION FROM CENTER OF EITHER SECTION LINE OR CENTER OF ROAD TOWARD THE PROPERTY OWNER'S PROPERTY.
UM, THE, THE EASEMENTS THAT ARE SHOWN ON THE SITE PLAN ARE DEDICATED, BUT WE GET THOSE PROPERTIES THROUGH TWO DIFFERENT FORMS. THERE'S EASEMENT, DEDICATION OR THE EASEMENT, THE DEDICATION OF THE PROPERTY ITSELF, OR A PLATTING PROCESS WITH THE SUBDIVISION PROCESS.
IF WE DON'T GO THROUGH THE PLAT AND WE SHOW A SITE PLAN WITH THOSE, UH, RELOCATED PROPERTY LINES, WE NEED TO HAVE THOSE EASEMENTS FOR, TO UH, BE ABLE TO FI FINALLY APPROVE THE SITE PLAN.
DOES THE CITY PLAN TO DO SOMETHING DIFFERENT THAN WHAT, UH, THAN WHAT RALEIGH WOULD LIKE TO DO WITH IT? IS THAT IT'S A ROAD, IS THAT WHAT'S GOING ON THERE IN THE EASEMENT? IT'S NOT A UTILITY EASEMENT.
RIGHT? IT'S A ROADWAY EASEMENT.
THERE IS AN ADJACENT, IT IS OUR, IN OUR POLICY TO REQUIRE UTILITY EASEMENTS ADJACENT TO THE ROAD PROPERTY LINES AS WELL.
FOR, FOR LOCATIONS OF UTILITIES AND SERVICES.
IS THAT, HAS THAT, UH, EASEMENT CHANGED AT ALL? NO.
BEEN THE PROPERTY, WE SUBSCRIBED TO WHAT WE CALL AN ACCESS MANAGEMENT PLAN FOR OUR, OUR AREA THAT DEDICATES WHAT OUR ROUTES ARE.
UM, ROLAND DEADPAN MAJOR COLLECTOR, THE ACCESS MANAGEMENT PLAN WAS UPDATED IN 2012.
[01:45:01]
TOWARDS THE MAP TO SAY THIS IS AN ARTERIAL, THIS IS WHAT'S NECESSARY.HERE'S WHAT YOU MADE AWAY WITH THIS.
THOSE RIDE AWAYS HAVE NOT BEEN CHANGED.
UM, IT IS A, UH, BIKE PIT PRIORITY.
IT'S, UH, MR. SANNER ALLUDED TO, SO IT HAS BIKE LANES IN THE ROAD, A PARKING LANE ADJACENT TO A CURB GUTTER AND SIDEWALK FACILITIES WITHIN THE RIGHT OF WAY THAT'S BEING REQUESTED OR REQUIRED IS THAT I, UM, I KNOW WHERE THE PROPERTY IS IS THERE'S NOT CURRENTLY CURB AND GUTTER IN FRONT OF THAT PROPERTY, RIGHT? CORRECT.
AND THAT'S WHAT THE CITY IS PLANS TO DO WITH IT.
THAT'S WHAT THE SITELINE SHOWS TO BE, SO, OKAY.
ANY OTHER QUESTIONS FOR CHRIS AT THIS TIME? GO AHEAD.
MR. UM, ANY OTHER QUESTIONS? I APOLOGIZE.
YOU MAY ANSWER JUST SO YOU'RE AWARE.
I I WELL THEY WILL, THESE EASEMENTS, THEY'RE NOT ANSWERING THE QUESTIONS.
YOU KNOW, JUST BEFORE WE GET THERE, LET'S JUST TAKE A BRIEF RECESS IF IT'S POSSIBLE FOR IT'S UP TO YOU TO THE CHAIR.
SO LET'S DO THAT AND THEN WE'LL COME BACK TO YOU.
SO MR. WALKER, IF YOU'D LIKE TO START BACK OFF.
WELL, THANKS FOR TAKING A BREAK THOUGH.
I ALWAYS LISTEN BETTER AFTER A BREAK, RIGHT,
THAT MAY BE 20 YEARS BEFORE THEY EVER WIDENED IT.
THEY WANT EVERYBODY TO SPEND MONEY.
I ASKED THE CITY ONE DAY, DIFFERENT OFFICIALS, WHY DON'T YOU GUYS OWN 70% ROLL OF DEBT? WHY DON'T YOU WIDEN IT? WHY DON'T YOU WIDEN YOUR OWN PROPERTY? WHY ARE YOU PUT IN YOUR OWN CURBING GUTTER SIDEWALK? DO YOU NOTICE THE OTHER END OF THE PUMPKIN PATCH? MINE DRIVES DUCT GUTTER AND SIDEWALK.
YOU KNOW, PUT THAT IN, PAID FOR ME.
YOU KNOW, I WAS PROMISED THE CITY REIMBURSED ME.
AND YOU KNOW WHAT? THEY HAVEN'T NOT A DIME.
NOW THEY WANT ME TO RIDE ALL OF NET 20 YEARS, 10 YEARS, 15 YEARS BEFORE THEY RIGHT WHERE I'M AT.
TAKE A RIGHT JUST AS A, A FRIENDLY THING TO DO.
SEE, BEFORE THEY CAN EVER WIDE ROLL ON THAT, THEY GOT A WIDEN THEOR BRIDGE.
NOW YOU CAN SEE THAT OBSTACLE AND THAT EXPENSE.
'CAUSE THAT'S A WIDE BRIDGE ON AN ANGLE.
AND THEN, OR WHAT THEY'RE GONNA DO COME UP TO THEIR BRIDGE AND STOCK AFTER I PUT MY CURBING GUTTER IN.
OKAY, YES, THEY'LL NEED A RIGHT OF WAY, BUT THAT DAY SHOULD COME WHEN THAT TIME IS READY.
AND I WILL GIVE IT TO 'EM WHEN IT'S READY.
I WILL LIKE, I'VE DONE EVERYTHING ELSE.
WHEN THEY ASK ME, LET'S TALK ABOUT THE EASEMENT.
'CAUSE YOU ASKED A VERY GOOD QUESTION.
THE EASEMENTS, THEY'RE NOT TALKING ABOUT IT, ARE THE 15 FOOT OF EASEMENTS ON THE NORTH AND SOUTH OF MY PROPERTY THAT HAS CANAL EASEMENTS.
AND THEY WANT A PUBLIC UTILITY EASEMENTS FOR WHAT? SO THEY CAN CONTROL IT.
SO THEY CAN TELL ME WHAT I CAN'T DO IN THEM.
EVERY EASEMENT I'M AWARE OF, I AM VERY AWARE IT'S AN EXCHANGE FOR SOMETHING.
FOR EXAMPLE, IF YOU HAD A PROPERTY AND YOU NEEDED POWER TO IT, YOU'D GIVE AN EASEMENT.
SO THEY COULD PUT POWER IN IT OR SEWER OR WATER OR GAS.
THAT'S WHAT YOU DO IN EXCHANGE.
BUT ONCE YOU GIVE 'EM THAT, THEY CAN, YOU CAN NEVER HAVE IT BACK.
BUT IN EXCHANGE FOR SOMETHING.
SO YOU MAKE A COMMON SENSE DECISION THAT THIS IS A GOOD PLACE AND A GOOD TIME TO PUT IN AN EASEMENT BECAUSE IT BENEFITS BOTH PARTIES.
HAVE THESE GUYS COME UP AND SHOW THE EASEMENT THEY WANT ON THE NORTH AND SOUTH BY PROPERTY FOR 15 FEET.
WHY ARE THEY DEMANDING IT IN EXCHANGE FOR WHAT? AND BOTH OF THOSE EASEMENTS, THEY'RE PUT ON THEIR PLANS THAT THEY WANT ME TO SIGN OFF ON ARE OWNED BY THE CANAL COMPANY.
THE FIR I COVERED A DITCH THIS YEAR, ALL WENT DOWN BY THE STORAGE UNITS.
I THINK THE ATTORNEY MADE A GOOD POINT, JUST THE FIVE MOST IMPORTANT WORDS, LET ME TELL YOU WHY.
TELL US WHAT THEY CAN DO IN EXCHANGE FOR THESE THINGS THEY WANT.
[01:50:01]
BUT THEY HOLD IT OVER OUR HEAD.AND IT IS NOT A TRUE STATEMENT THAT THEY DON'T HAVE AN APPROVED SITE LINE.
EITHER THEY'RE LYING TO YOU OR THEY'RE LYING TO ME.
AND THEY HAVE BEEN TOLD BY THE EAGLE ROCK ENGINEERING, BY THE PEOPLE THAT HAVE BEEN THERE BY THEIR OWN OFFICE YESTERDAY, THAT IT IS APPROVED SUBJECT TO SIGNING OFF MY PROPERTY, GIVING THEM THE DEED AND GIVING AN EASEMENT.
AND I, I WISH THEY'D JUST SAY THAT.
I, I'LL, I'LL BRING YOU MY ENGINEERING PILLS.
ARE YOU KIDDING? FOR, UH, I I'M GONNA GET, I'M GONNA GET OUT OF CHARACTER.
I SHOULDN'T BE THAT WAY, I APOLOGIZE.
BUT WE'RE NOT HERE TO FIGHT ABOUT THAT.
UH, SO AS HE STATED THAT HE HAS NOT SIGNED THE EASEMENT OR THE RIGHT OF WAY DEDICATION, THE SITE PLAN IS NOT SIGNED.
HE DOES NOT HAVE A PERMIT AND HE DOES NOT HAVE A SITE PLAN.
I THINK THAT'S JUST VERY CLEAR THAT, AND YOU SEE THAT HE IS NOT WILLING OR I DON'T KNOW THE REASON WITH MR. WALKER A LOT OF TIMES.
BUT, UM, HE HAS STATED THAT HIS REASONS, UM, HE ALSO COMMENTS COMMENTED, UH, I TAKE A LITTLE EXCEPTION TO HIM CALLING ME A LIAR, BUT I WON'T PURSUE THAT ANY FURTHER.
BUT, UM, HE COMMENTED THAT HIS BUSINESS IS A PUMPKIN PATCH FOR SIX WEEKS.
HE HAS 46 WEEKS TO WORK ON SITE PLANS AND COMING INTO COMPLIANCE.
SO I JUST, UH, I WOULD JUST STATE AGAIN, WE'RE LOOKING AT THE CONDITIONAL USE PERMIT.
UH, WE'RE LOOKING AT DID HE OPEN, UH, ANY VIOLATION OF HIS CONDITIONAL USE PERMIT? STAFF'S POSITION IS YES, HE DID.
HE CONTINUES TO NOT HAVE A SITE PLAN AND CONTINUES TO NOT HAVE A PERMIT.
IT'S UP TO YOUR PURVIEW TO SEE IF HE WAS IN VIOLATION, IF THAT NEEDS TO BE.
SO ARE THERE UTIL EASEMENTS ON THE NORTH SOUTH ARE THE UTILITY EASEMENT ON THE NORTH AND SOUTH PROPERTY LINES? UM, JUST THE TYPICAL SETBACK, JUST THE TYPICAL SETBACK.
THERE IS A PUBLIC UTILITY EASEMENT ALONG THE NORTH PROPERTY.
EVERYONE PLEASE STAY IN ORDER.
JUST MAKE SURE WE REPEAT THAT.
THERE IS A PUBLIC UTILITY EASEMENT ALONG THE NORTH PROPERTY LINE.
AND THE REASON THAT I KNOW THAT IS BECAUSE THE FORESTER ONLY HAS THE AUTHORITY TO MANIPULATE OUR LANDSCAPE CODE IF THE LANDSCAPING IS WITHIN A PUBLIC UTILITY EASEMENT.
SO THAT U PUBLIC UTILITY EASEMENT IS ALREADY IN PLACE.
IT HAS NOTHING TO DO WITH, I'M GUESSING NOTHING TO DO WITH THE SITE PLAN.
NO, I APPRECIATE, FINE, THANK YOU.
UH, ANY QUESTIONS? ALRIGHT, UM, DOES ANYBODY HAVE ANY QUESTIONS FOR ANYBODY BEFORE WE CLOSE THIS
SO AT THIS MOMENT, THE, UH, WHAT I SAY, THE CHAIR CLOSES THE PUBLIC PORTION OF THE MEETING AND WE'LL DELIBERATE ON THE APPLICATION.
UM, THIS IS SOMETHING THAT PAINS ME GREATLY.
THIS IS A, A FANTASTIC THING IN THE COMMUNITY THAT THEY'RE TRYING TO DO.
AND, UH, IT BRINGS GREAT JOY TO CHILDREN AND TO THE PARENTS TO GET TAKEN CARE OF.
AND SO THIS, THIS THING WEIGHS VERY HEAVY ON ME PERSONALLY, BECAUSE IT'S A GOOD THING.
[01:55:01]
IF I WAS GETTING MARRIED IN JANUARY AND MY FIANCE, MY FIANCE AND I SH AND WE WERE GONNA GET MARRIED ON THE 10TH, AND WE GOT THERE ON THE 10TH AND DIDN'T HAVE A WEDDING, A MARRIAGE LICENSE, AND THIS STUFF IS SUPPOSED TO BE DONE, AND THEY GO AHEAD AND THE WHOEVER'S DOING THIS, ANYBODY CAN BE A, A SIGN UP AND BE DO WEDDINGS IF THEY GO AHEAD AND DO IT, AND THEN COME BACK AND SAY, WELL, WE GOT THE LICENSE FOUR DAYS LATER.AND SOMEONE SAYS, THE WEDDING WAS DONE ILLEGALLY.
YOU DID NOT HAVE THE THINGS THAT YOU NEEDED TO DO THIS.
AND THAT'S KIND OF WHAT THIS FEELS LIKE TO ME TONIGHT.
THAT, THAT, YES, THERE'S BEEN A LOT DONE SINCE WE MET LAST, BUT IT WAS ALL DONE AFTER THE FACT AND IT WAS AFTER LEGAL NOTICES AND ALL THESE THINGS.
AND WE'VE HAD LEGAL COUNSEL COME IN AND SPEAK TO US TONIGHT ON BILLABLE HOURS BECAUSE THIS, YOU KNOW, THIS THING JUST SOUNDS LITIGIOUS TO ME, BUT WE HAVE A DECISION TO MAKE TONIGHT, AND I I'M READY TO DO MINE.
YEAH, I'LL AGREE WITH YOU A LOT ON THAT.
I THINK IT GETS INTO THE PURPOSE OF WHAT WE'RE HERE FOR AND THAT'S ADHERING TO, UM, THE BOUNDARIES OF WHICH WE'RE SUPPOSED TO MAKE OUR DECISIONS.
UM, WE'VE LAID OUT PRETTY CLEARLY, UM, ACCOMMODATIONS THAT WE WERE WILLING TO MAKE THAT EVEN GOT AMENDED AT THE BEHEST, THE BEHEST OF CITY COUNCIL.
UM, AND EVEN INITIALLY WHEN WE HAD THIS MEETING RIGHT BEFORE SUMMER STARTED, YOU KNOW, THEY DIDN'T HAVE ALL THE PAPERWORK THAT WE NEEDED AND WE HAD TO WAIT ON THAT.
AND SO THERE DOES SEEM TO BE KIND OF A HABITUAL PRESENCE OF JUST BEING BEHIND ON EVERYTHING.
TO THE POINT IT SOUNDS LIKE EVERYTHING WAS OUT OF ACCORDANCE FOR THE SEASON.
AND IT'S REALLY UNFORTUNATE BECAUSE AS OUR CITY GROWS, I AGREE WITH YOU.
IT, IT IS A WONDERFUL THING TO HAVE AND IT, IT, IT KIND OF PAINS YOU, BUT IT'S ALSO IMPORTANT TO SEPARATE THE EMOTIONAL RESONANCE THAT A BUSINESS LIKE THAT MIGHT HAVE FOR THE LIFE OF OUR COMMUNITY OVER FOLLOWING THE LAW.
AND I THINK TIME AND TIME AGAIN, THOSE, UM, THINGS HAVE NOT BEEN THAT.
UM, I WOULD LIKE TO ASK COUNSEL IF THEY COULD, UH, JUST KIND OF REITERATE WHAT WE'RE HERE TO DO AND WHAT WE'RE MAKING JUDGMENT UPON AND WHAT WE SHOULD CONSIDER AND MAYBE NOT CONSIDER THROUGH ALL THIS.
UH, SO YOU'RE HERE TO ANSWER THE QUESTION OF WHETHER OR NOT THE CONDITIONAL USE PERMIT SHOULD BE REVOKED BECAUSE OF NON-COMPLIANCE WITH THE CONDITIONS THAT THE BOARD SET, UH, BACK LAST YEAR, AND THAT AS AMENDED BY THE CITY COUNCIL APPEAL.
UM, YOU HAVE A LOT OF CHOICES.
YOU CAN, UH, TABLE THIS FOR MORE INFORMATION, BUT YOU'LL NEED TO EXPLAIN WHAT SPECIFIC INFORMATION IS THAT YOU'RE LACKING IN ORDER TO MAKE A DECISION.
YOU COULD, UH, DENY THE CITY'S REQUEST TO REVOKE IT AND EXPLAIN YOUR REASONS ON WHY YOU THINK REVOCATION ISN'T, UH, APPROPRIATE.
YOU COULD, UH, AGREE AND REVOKE THE PERMIT.
YOU'D NEED TO EXPLAIN YOUR REASONS FOR WHY REVOCATION WOULD BE APPROPRIATE.
YOU COULD, UH, YOU HAVE A LOT OF CHOICES YOU COULD, UH, DENY WITH CONDITION THAT IF IT'S NOT, IF THESE FAILURES, IF YOU FIND THAT THERE ARE FAILURES, UH, TO BE IN COMPLIANCE OR NOT REMEDIED WITHIN A CERTAIN TIME, THAT THE BOARD WILL REVISIT THE DECISION TO NOT DENY IT.
I MEAN, YOU HAVE A LOT OF CHOICES.
UH, I'M HAPPY TO HELP YOU CRAFT THAT.
I WON'T MAKE YOUR DECISION FOR YOU, YOU'LL NEED TO MAKE YOUR DECISION ON YOUR OWN.
BUT IF THERE'S A QUESTION ABOUT YOUR AUTHORITY OF WHAT KIND OF DECISION YOU CAN MAKE IS I'LL, I WILL HELP YOU WITH THAT.
BUT, UH, SO, BUT THOSE ARE YOUR CHOICES.
UM, SO SIMPLIFY, I GUESS FOR MY OWN IS WE ONLY MAKE A JUDGMENT ON THE CONDITIONING PERMIT, THE PERMITTING PROCESS, WHETHER NOT, UM, ADDRESSED DURING THE PERMITTING PROCESSES OUTSIDE OF OUR ROOM.
IT, IT CAN WEIGH IN ON YOUR DECISION AND, AND, UH, YOU COULD MAYBE MAKE, MAKE THAT PART OF THE FINDING FOR WHY IT'S NOT APPROPRIATE TO DENY.
IT'S BASED OFF OF THE WHATEVER IT IS THAT YOU, UH, HEARD TONIGHT THAT MAKES YOU THINK IT'S YOUR DECISION ONE WAY OR THE OTHER MATTERS.
[02:00:02]
I THE TESTIMONY THAT YOU'VE HEARD ABOUT THE PERMITTING PROCESS IS THINGS THAT YOU CAN WEIGH IN ON YOUR OPINION.ANYTHING THAT'S BEEN LISTED ON THE RECORD TONIGHT ARE THINGS THAT YOU CAN USE TO RENDER YOUR DECISION.
HOW PERSUASIVE THEY ARE ARE COMPLETELY UP TO YOU.
UM, BUT YOU ARE BEING ASKED TO LOOK AT WHETHER THE PERMIT OUGHT TO BE REVOKED, UH, BECAUSE OF NON-COMPLIANCE WITH THE CONDITIONS THAT THE BOARD SET AS AMENDED.
LIKE IT'S CUT EYE OPINIONS ARE.
UM, SO THE CONDITION, OUR CONDITION HAS NOT BEEN MET FOR CERTAIN REASONS.
AND WHETHER THAT'S THROUGH THE PERMITTED PROCESS OR NOT, NOT SO DO I HEAR ANY MOTIONS MOTION? I JUST WANNA SAY THAT, UM, I APPRECIATE THE EFFORT THAT'S BEEN PUT IN.
I, UM, I'VE BEEN ON BOTH SIDES OF THE, UM, AS AN ENGINEER MYSELF AND CLADDING AND ALL THE THINGS.
I UNDERSTAND THAT IT'S, YOU'VE PUT IN A LOT OF EFFORT.
AND SO IT'S HARD, I, IT'S DIFFICULT FOR ME TO WANT TO, UH, TO WANT TO QUIT AT THIS STAGE.
HOWEVER, I DON'T KNOW HOW MUCH OF IT IS BECAUSE, OR HOW MUCH OF THE FAILURE DID IT COMPLY HAS TO DO WITH, UM, NOT FULLY UNDERSTANDING THE PROCESS AND WHAT NEEDS TO HAPPEN WHEN IT NEEDS TO HAPPEN, UM, TO GET TO THE FINAL, YOU KNOW, TO GET TO THE FINAL PRODUCT.
I HEAR, I'VE NEVER BEEN TO U PICK MYSELF, BUT I'VE HEARD SO MANY PEOPLE GO TO U PICK EVERY SINGLE YEAR.
DO YOU WANNA GO TO U PICK? ARE WE GO TO U PICK? AND, UH, I KNOW THAT THAT HAS A HUGE IMPACT ON OUR COMMUNITY.
SO I DO, I APPRECIATE THAT VERY MUCH AS WELL.
IT'S DIFFICULT ESPECIALLY COMING IN, UH, TOWARDS THE END OF THIS PROCESS.
BUT, UH, I APPRECIATE HOW MUCH EFFORT HAS BEEN PUT IN ALREADY, UM, ON BOTH ENDS BETWEEN THE CITY AND THE APPLICANT.
LET ME, LEMME, I NEED TO HAVE A DISCUSSION WITH COUNSEL FOR JUST A SECOND.
I'M TRYING TO GET CLEAR IN MY MIND WHAT WE HEARD SO MANY CONTRARY POINTS.
ONE WAS SAYING ONE THING, THE OTHER WAS SAYING ONE, ONE WAS SAYING ONE THING AND BACK AND FORTH AND IT WAS KIND OF HARD TO SIFT THROUGH THE WHAT IS REALLY THE, THE FACTUAL TRUTH.
AND THERE, THERE WERE ENOUGH OF THOSE POINTS THAT I, HOW, HOW DO WE DO THIS SO THAT WE, 'CAUSE IT CAN'T BE DONE TONIGHT.
BUT IF WE CAN CLARIFY WHAT, WHAT IS REAL? 'CAUSE WE'RE NOT THE POLICE.
WE DON'T ISSUE TICKETS, WE DON'T ANY OF THAT.
WE, WE JUST TRY TO ENFORCE THE, UH, ZONING CODES AND THE THINGS THAT, UH, ARE ON THE, THE CITY'S RULES, IF YOU WILL.
SO I, I'M STILL CONFUSED ABOUT HOW WE DO THIS.
THERE NEEDS TO BE PUNISHMENT, BUT THERE ALSO NEEDS TO BE A, UH, WHAT WAS FACT AND WHAT WAS FICTION.
SO WHAT, WHAT IS FACT AND WHAT'S FICTION IS IN THE PURVIEW OF THIS BOARD TO DETERMINE, YOU CAN, UH, USE YOUR JUDGMENT IN WHAT, UH, YOU FIND PERSUASIVE TO BE THE TRUTH VERSUS WHAT YOU FIND PERSUASIVE NOT TO BE TRUE.
UH, YOU'RE RIGHT THAT THERE'S A LOT THAT WAS PRESENTED TONIGHT.
UM, THAT PACKET, I BELIEVE IS HUNDREDS OF PAGES LONG.
I DON'T KNOW IF YOU'VE, UH, SORTED THROUGH THAT TO YOUR SATISFACTION.
YOU COULD TABLE THIS AND, AND COME BACK AND REVISIT IT.
I I WOULD ENCOURAGE YOU TO EXPLAIN WHY YOU WOULD BE TABLING THIS.
IT IT IF IT IS JUST A MATTER OF DELIBERATING FURTHER, ALTHOUGH I WOULD CAUTION THE BOARD THAT YOU WERE REQUIRED TO DELIBERATE IN PUBLIC, RIGHT? IT WOULD BE INAPPROPRIATE FOR THIS BOARD TO GET TOGETHER IN PRIVATE AND DISCUSS THE CASE WITH ANYONE THAT YOU COULD DELIBERATE IN YOUR OWN MIND AND YOU COULD REVIEW THE RECORD.
UH, AND THEN YOU COULD CALL ANOTHER MEETING AT A TIME THAT'S CERTAIN, UH, IN WHICH YOU CAN DELIBERATE FURTHER IN PUBLIC AND RENDER A DECISION.
I THINK IT IS THE BEST PRACTICE IF YOU COULD DELIBERATE AND MAKE A DECISION TONIGHT.
BUT I DO THINK THAT, UH, THAT HAS VALUE, ESPECIALLY SINCE THERE ARE FOLKS HERE THAT TOOK TIME OUT, UH, TO BE PRESENT.
UH, AND PART OF THAT IS TO WATCH THE DELIBERATION HAPPEN.
[02:05:01]
SO THAT'D BE MY ADVICE.AND IF THERE, IF THERE IS A NEED FOR, UM, LET'S SAY, I'M NOT SAYING HOW WE'RE VOTING, BUT IF WE SAID, ALL RIGHT, WE'RE GOING TO INVALIDATE WHAT WE'VE DONE BEFORE AND, UH, REVOKE THE CONDITIONAL USE PERMIT, HOW QUICKLY CAN THIS GROUP GET BACK AND REAPPLY WITH WHEN ALL THE THINGS THAT HAVE BEEN DONE THAT HAVE TO BE DONE? OFF THE TOP OF MY HEAD, I, I AM NOT SURE I, I THINK THE ANSWER I'M, IT LOOKS LIKE I THINK THAT THE ANSWER IS IMMEDIATELY.
I THINK THAT THERE IS NOT A LIMIT ON HOW MANY TIMES YOU CAN APPLY FOR A REZONE.
FOR EXAMPLE, THIS WOULD BE SIMILAR LAND USE APPLICATION.
OKAY, SO YOU, THEY COULD APPLY IMMEDIATELY.
I WILL SAY THAT THEY WILL HAVE 14 DAYS TO APPEAL THIS TO THE CITY COUNCIL COUNCIL'S REVIEW.
SO WHATEVER DECISION THAT IS MADE TONIGHT, THERE'S A 14 DAY CLOCK THAT WILL START, UH, FOR ANYONE WHO'S BEEN AGGRIEVED BY THIS PROCESS TO FILE AN APPEAL.
UM, IS IT OUR UNDERSTANDING THAT THE, THE APPLICANT NOT SIGNING OVER THE DEED IS WHAT IS HOLDING UP THE, UM, APPROVAL OF THE SITE PLAN? SO I'LL JUST WEIGH IN HERE.
AND SO WHAT YOUR UNDERSTANDING IS IS NOW UP TO YOU.
UH, IT ISN'T REALLY SOMETHING YOU CAN ASK.
YOU MIGHT ASK YOUR FELLOW BOARD MEMBERS WHAT THEY THINK AND IN RENDERING YOUR THING, ALTERNATIVELY, YOU COULD OPEN UP THE HEARING.
IF YOU OPEN UP THE HEARING, YOU'LL HAVE TO ALLOW EVERYONE TO SPEAK.
OR DELIBERATION FROM THE BOARD AT ALL? UH, I'D LIKE TO MAKE A MOTION THAT THE CONDITIONAL USE PERMIT BE, UH, REVOKED.
UH, DO NOT ONLY TO THE STIPULATIONS THAT THE BOARD HAS COME UP WITH NOT BEING ADHERED TO, BUT ALSO THE, UH, SIDE PLAN BEING UNAPPROVED.
UM, CAN I GET A SECOND ON THAT? I'LL SECOND IT.
UH, THOSE IN FAVOR OF THE MOTION SAY AYE.
UH, I HAVE A RECENT STATEMENT OF RELEVANT CRITERIA.
UH, GENESIS, YOU'RE A MINORITY OR YOU'RE ABLE TO MAKE A STATEMENT.
WHY YOU I THINK WHAT I STATED EARLIER WAS, WAS PROBABLY ENOUGH, BUT OKAY.
UH, I READ THE STATEMENT OF RELEVANT CRITERIA TO READ AND STANDARDS.
UH, THE REV OF ISSUES PERMIT FOR YOU PICK FARM LOCATED AT 27 24 AVENUE.
WHEREAS THE APPLICANT HAS NOT MET THE CONDITIONS OF THEIR CONDITIONAL USE PERMIT SET SET FORTH BY THE BOARD OF ADJUSTMENT ON AUGUST 27TH, 2024.
AND WHEREAS THE MAT, THIS MATTER CAME BEFORE THE A ALCOHOL BOARD OF ADJUSTMENT DURING A DULY NOTICE PUBLIC HEARING ON DECEMBER 17TH, 2024.
AND WHEREAS HAVING REVIEWED THE APPLICATION, INCLUDING ALL EXHIBITS ENTERED AND HAVING CONSIDERED THE ISSUES PRESENTED, RELEVANT CRITERIA AND STANDARDS ARE THE BOARD OF ADJUSTMENT CONSIDERED THE REQUEST PURSUANT TO CITY OF IOWA FALLS COMPREHENSIVE PLAN CO FALLS ZONING ORDINANCE, CITY OF IOWA FALLS SUBDIVISION ORDINANCE, THE LOCAL LAND USE PLANNING ACT, AND OTHER APPLICABLE DEVELOPMENT REGULATIONS.
THE APPLICANT DID NOT OBTAIN SITE PLAN APPROVAL SHOWING AN ACCURATE DEPICTION OF THE SITE PRIOR TO OPENING TO THE PUBLIC.
THE APPLICANT DID NOT OBTAIN ALL REQUIRED BUILDING PERMITS, INSPECTIONS, AND FINAL OFFS FOR ALL STRUCTURES REQUIRED REQUIRING PERMIT PRIOR OPENING TO THE PUBLIC REVOKE.
ALL VARIANCES GRANTED AS PART OF THE CONDITION USE ISSUED ON AUGUST 27TH, 2024, THE APPLICANT OPENED THE UP I BARN AGRICULTURAL AMUSEMENT BUSINESS TO THE PUBLIC ON SEPTEMBER 13TH, 2024 FOR A SPECIAL EVENT AND TO THE GENERAL PUBLIC ON SEPTEMBER 14TH, 2024 IN DIRECT VIOLATION OF THEIR CONDITIONAL USE.
DO I HAVE A MOTION TO APPROVE THIS REASON STATEMENT OF RELEVANT BACTERIA STATE? I'LL MAKE THE MOTION.
THOSE IN FAVOR PLEASE SAY AYE.
UH, RECENT STATEMENT OF RELEVANT CRITERIA STANDARDS, UM, IS APPROVED.
[02:10:01]
THINGS OVER.SO IF YOU'RE HAVING A CONVERSATION, IT NEEDS TO BE ON THE RECORD AND OBSERVABLE BY THE PUBLIC.
IT'S A PRO, IT'S A PROCESS AND PROCEDURAL QUESTION, SO FEEL FREE, JUST MAKE SURE YOU'RE NOT BRINGING UP, RIGHT.
UM, SO I GUESS MY QUESTION, AND I KNOW IT'S ALREADY BEEN ASKED, I JUST WANT TO REITERATE, THEY ARE ALLOWED TO RESUBMIT STUFF AND BEING AS FAR AS THEY'VE ADHERED TO THIS FAR IN THE PROCESS, IT'S NOT AN EGREGIOUS JUMP FROM THIS POINT FORWARD.
I'M NOT AWARE OF ANY BAR IN THE CITY'S CODE.
UH, I MEAN, I WILL SAY THAT WITH THE STANDARD LAWYER DISCLAIMER THAT IT'S, I I'M NOT AWARE OF ANY.
BUT I BELIEVE THAT, UH, IF THEY WOULD WANT TO APPLY FOR A CONDITIONAL USE PERMIT, UH, THEY COULD REAPPLY IMMEDIATELY.
ALTERNATIVELY, THEY HAVE THE RIGHTS TO APPEAL.
SO I JUST WANTED TO MENTION, UM, WE TRIED TO HAVE A TRAINING LAST MONTH AND THAT DIDN'T GO SO GREAT.
SO WHAT I HAVE DONE, ANN AND I PREPARED, UM, JUST THE, IN YOUR BINDERS, UM, WE'VE PREPARED SOME PACKETS FOR YOU THAT KIND OF GO OVER, UH, IDAHO CODE AS WELL AS OUR, UM, PROCESS AND PROCEDURES THAT HAVE BEEN ADOPTED BY ORDINANCE.
UM, IF YOU GUYS WANT TO TAKE A LOOK AT THAT AND GO THROUGH IT, UM, IF YOU HAVE ANY QUESTIONS, FEEL FREE TO CALL ME.
UM, I CAN TRY AND EXPLAIN, UM, OR ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.
UM, AND THEN WE WILL TRY TO DO A, A TRAINING MAYBE LATER IN THE YEAR.
UM, WE DO HAVE AN APPLICATION ALREADY SUBMITTED, UM, FOR NEXT MONTH.
SO THAT MEETING WILL BE, UM, THE FOURTH TUESDAY OF JANUARY AT FIVE 30 IN THIS ROOM.
THAT, WHAT'S THAT? TUESDAY? THE, WOULD BE THE 27TH.
AND YOU SHOULD RECEIVE YOUR PACKETS ABOUT A WEEK OR TWO BEFORE THAT MEETING.
CAN I GET A MOTION TO CLOSE THIS MEETING? I MAKE A MOTION.