HomeMy WebLinkAboutP&Z Appeal Denial Letter 2024-06-12 CITY OF TWIN FALLS
P.O. Box 1907
Twin Falls,Idaho 83303
BRUCE CASTLETON—CITY ATTORNEY Telephone:(208)735-7374
NICOLE SWAFFORD—DEPUTY CITY PROSECUTOR Facsimile:(208)735-3147
LINDA wELLs—DEPUTY CITY PROSECUTOR E-mail:cityprosecUtor@tfid.oTg
JOLEEN CRYSTAL—DEPUTY CITY PROSECUTOR
RACHAEL HUNSAKER—LEGAL AsST.
June 12, 2024
Sent via email to: bhilverda@maticvalleylegal.com
Brian Hilverda
Hilverda McRae, PLLC
124 Main Avenue North
Suite 200
Twin Falls, ID 83301
Re: Denial of Appeal re: Special Use Permit Application (PZ24-0033)
Dear Mr. Hilverda,
My name is Bruce Castleton and I am the City Attorney for the City of Twin Falls.
I am writing regarding the appeal your client Float Magic filed with respect to the Planning
and Zoning Commission's May 14, 2024 decision on the above-identified Special Use
Permit Application for Twin Falls CrossFit. On that date the P&Z Commission Chair,
Daniel Titus, communicated that a written appeal of the decision reached must be
submitted to the administrator within fifteen (15) days from the decision to be valid per
Twin Falls City Ordinance 2620-8-2-1999.
As of May 29,2024 the City's Planning and Zoning website contained a letter dated
October 19, 2019 from Planning and Zoning Director Jonathan Spendlove titled "Appeals
Process and Clarification of Appeal Period," in which Spendlove states the following:
"Any person, with legal standing, seeking to appeal the decision of the Planning and
Zoning Commission shall notify the Administrator of the desire to appeal in writing by
filing an Appeal Application.Applications shall be completed by the end of the fifteen(15)
day period in order to be heard."
On May 29, fifteen days following the Commission's decision, you came to City
Hall with a Notice of Appeal for your client. This Notice was not an application for an
appeal,but merely stated that your client wanted to appeal the Commission's decision.This
Notice was given to a P&Z employee who was unfamiliar with the appeal process. This
employee communicated to you that the Notice had been submitted and that you would be
told if anything else needed to be submitted with the Notice.
It was subsequently determined by the P&Z office that in order for the appeal to be
valid, your client needed to fill out an appeal Application and submit the appeal fee. That
same day your office was contacted by Jody Green of the P&Z office. Ms. Green was not
able to speak to you, but left information regarding the appeal process and that the P&Z
office needed additional items for the appeal.
On May 30, Amanda Thomason from your firm emailed Jody Green stating that
they had the appeal application filled out but said your firm wanted to wait until the July
15 meeting for the appeal to be heard. Thomason then asked when the application and fee
needed to be submitted.
On May 31 Green responded to Thomason's email stating that the application and
fee needed to be turned in by the end of the day on Wednesday, June 5. This email did not
state that the June 5 deadline was related to any particular hearing date, but only that the
application and fee needed to be submitted by that date. Thomason replied to this email
that same day saying she appreciated the information.
Thus, although your client's appeal application was due on May 29 in order to be
compliant with P&Z policy, the P&Z office gave your client until June 5 to submit the
appeal application and fee. No application or fee was submitted to the P&Z office by the
end of the day on June 5. Instead, Ms. Powers came to the P&Z office on June 6 to submit
the application and payment. This was eight (8) days after the application and payment
were due under P&Z policies, and one day after the extension given by the P&Z office.
Thus, Ms. Powers was informed that her appeal had been untimely filed.
In reviewing this issue, I believe your client's appeal is untimely. Despite the fact
that your client did not submit an application by May 29, the City gave your client an
extension until June 5 to do so. Your client did not submit the application or attempt to pay
the fee until June 6. Thus, the appeal is untimely and will not be heard.
Please feel free to contact me if you would like to discuss this matter.
Sincerely,
Bruce J. Castleton
City Attorney
City of Twin Falls
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