Idaho Falls council denies reconsideration of U Pick Redbarn conditional-use revocation

The Idaho Falls City Council on Monday voted to deny a request to reopen its earlier decision revoking a conditional-use permit for the business known in the record as U Pick Redbarn.

City Attorney Mike Kirkpatrick and Community Services Director Nate Stander presented the request for reconsideration and the issues raised by the applicant's attorney. Kirkpatrick summarized four legal arguments U Pick raised, including that the business lacked sufficient notice that revocation was possible, that U Pick is not a 'developer' under the city's bridge-and-street regulations and so cannot be required to dedicate right-of-way, that city staff communications narrowed the site-plan requirements, and that the dedication requirement may be an unconstitutional exaction for a temporary event.

Kirkpatrick told the council the central legal question about notice is 'given all the facts and circumstances, did [U Pick] have sufficient notice to know what they were being called in front of the government to address?' He noted two separate notices in the record: a director's letter identifying specific deficiencies and a Board of Adjustment mailing to adjacent property owners that described the hearing as 'a revocation of the conditional use permit issued on…