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Home My WebLink AboutFwd FW Appeal Application for Float Magic LLC Bruce Castleton From:Shawnee Powers <shawnee@floatmagic.com> Sent:Friday, June 7, 2024 2:33 PM To:Will Klaver Cc:Brian Hilverda Subject:Fwd: FW: Appeal Application for Float Magic, LLC/Shawnee Powers Attachments:image001.png; image002.png Follow Up Flag:Follow up Flag Status:Completed You don't often get email from shawnee@floatmagic.com. Learn why this is important \[EXTERNAL SENDER\] Hello Will, I requested any correspondence that Brian received from your office so I could be aware of the interactions that took place. As you can see in the email communications, Brian nor myself were included in any notifications or email communications. Amanda from Brians office had reached out to Jody to request when the information needed to be received in order to uphold a July 15th date, Jody then responded it needed to be at the end of day June 5th. There was no indication that this was a "deadline" or that the application would be rejected if not received by this date. According to conversations Jody had with Brian when he filed the appeal, she stated if not received by next Wednesday that would extend the hearing to August. Nothing was shared in writing, word or via email that there would be a rejection of the application if not received in a timely manner. Timely is also a very vague application and timely to me looks like a 10-15 day window as precedent by the previous window. If timely is a week, we should have been notified in writing. Let’s also keep in mind that Memorial Day fell within our window. Jody's email was in response to a question about the July 15th hearing otherwise we may not have received any communication at all. To reiterate what I shared with you, the applicant and I have been trying to work through this process so that both of our businesses could be protected. I was not satisfied with the P&Z Commission's outcome not placing additional conditions to protect us both. My business is a very unique business and the information shared was not "scientific evidence" that Twin Falls CrossFit's activities would not create a nuisance to mine, if anything there was proof that vibrations were indeed felt and heard during the test and absolutely would disrupt the services I offer. I feel the P&Z did not adequately asses the information received and did not do their due diligence to protect mine or TF CrossFit's business from future litigation. In an effort to try and work through my concerns, I had asked TFCF to meet with me and give me a sample workout. They did not do so prior to the appeal deadline so I appealed. I then met with them this Tuesday and they requested to try and work through this process so as not to prolong their opening. On their urging I set up a meeting to try and work through some conditions on Thursday prior to paying the fee. Becky kept repeating she would hate for me to send money if I don’t have to. I thought it would be in their best interest to hold off paying the fee until we had a chance to talk, given I’m doing everything in my 1 power to be a good neighbor and work on this outside of the hearing process. Had I known holding off paying was going to revoke my appeal, I would have not agreed to wait. Becky and Matt from Twin Falls CrossFit also cancelled the meeting on Thursday we had set up to review and discuss conditions that needed to be in place. When they cancelled is the moment I came over to the office to complete my application. I can only assume they were informed that they were in the clear, therefore no need to continue to work through my concerns after the unknown deadline was breached. Unknown to me, apparently not unknown to them. Again, I have been doing everything in my power to protect my business and theirs from future litigation. My intent is to work with them while still protecting my business. I want to see downtown thrive and other businesses not only come in to our area, but give them the path to be successful. There were too many misconceptions and too much misinformation that was shared in the P&Z hearing held on May 14th for a smooth resolution. As you are reviewing this process I urge you to consider the implications the lack of communication with me has had and will have in the future. I have been open and honest with P&Z staff, TF CrossFit and all of my neighbors of what my needs are to prevent any nuisances from disrupting my business. I have successfully worked with and formed great relationships with my current neighbors over the past 4 years of my business. I have not come to P&Z regarding any other concerns because I’ve always addressed them with the business owners successfully. In this case with TF CrossFit I am attempting to address the appropriate way, but no resolution between us has been concluded, and that is in TF CrossFits lack of response as is evident by the requests I have made to them on making my needs known, set up meetings, request information that has been responded to in an untimely manner on their part. Please consider a business that has invested millions of dollars into this community, served a population of first responders, veterans, teachers and nurses with access to free services and who is one of a kind that can’t just pick up her business and move elsewhere. This is not a concern to be dismissed, if concerns are going to be addressed it needs to happen now, not later. Sincerely, Shawnee Shawnee Powers, Owner Float Magic 152 2nd Ave S O: 208-933-2620 C: 208-241-1837 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 2 ---------- Forwarded message --------- From: Brian Hilverda <bhilverda@magicvalleylegal.com> Date: Thu, Jun 6, 2024 at 3:46 PM Subject: FW: Appeal Application for Float Magic, LLC/Shawnee Powers To: Shawnee Powers <shawnee@floatmagic.com> From: Amanda Thomason <athomason@magicvalleylegal.com> Sent: Thursday, June 6, 2024 3:45 PM To: Brian Hilverda <bhilverda@magicvalleylegal.com> Subject: Fw: Appeal Application for Float Magic, LLC/Shawnee Powers Amanda Thomason Hilverda McRae, PLLC PO Box 1233 Twin Falls, ID 83303-1233 Phone: 208-944-0755 Fax: 208-736-0041 From: Amanda Thomason <athomason@magicvalleylegal.com> Sent: Friday, May 31, 2024 2:22 PM 3 To: Jody Green <jgreen@tfid.org> Subject: Re: Appeal Application for Float Magic, LLC/Shawnee Powers Thank you, Jody I appreciate the information. Have a great weekend. Amanda Thomason Hilverda McRae, PLLC PO Box 1233 Twin Falls, ID 83303-1233 Phone: 208-944-0755 Fax: 208-736-0041 From: Jody Green <jgreen@tfid.org> Sent: Friday, May 31, 2024 2:17 PM To: Amanda Thomason <athomason@magicvalleylegal.com> Subject: RE: Appeal Application for Float Magic, LLC/Shawnee Powers Hi Amanda, th We will need the application and fee in our office by end of day Wednesday, June 5. If you have any questions, please let me know. 4 Have a great day! From: Amanda Thomason <athomason@magicvalleylegal.com> Sent: Thursday, May 30, 2024 3:20 PM To: Jody Green <jgreen@tfid.org> Subject: Appeal Application for Float Magic, LLC/Shawnee Powers \[EXTERNAL SENDER\] Good Afternoon Jody, Brian Hilverda wanted me to reach out and let you know that the Appeal application has been filed th out, but they are going to wait until the July 15 date. Can you tell me when they will need to have it in for July 15th? 5 Thank you for all of your help on this matter. Amanda Thomason Hilverda McRae, PLLC PO Box 1233 Twin Falls, ID 83303-1233 Phone: 208-944-0755 Fax: 208-736-0041 6