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Appeal Denied – The Edge Resort of Garden Valley Can Move Forward

Jayne Reed, a Boise County and Garden Valley resident applied for an Appeal to the CUP approval of The Edge Resort of Garden Valley. Reed is showing a visual of her statements. Photo by Janet Juroch

Idaho City, April 11: A continuation of the Public Hearing of the Edge Resort of Garden Valley appeal was made before the commissioners.  Jayne Reed, a Garden valley resident has made an appeal that the CUP (Conditional Use Permit) approved should be a PUD (Planned Unit Development). There were statements made at the first Public Hearing that concerned the Commissioners. The Commissioners were not ready to answer so many additional statements brought up that day and allowed for the hearing to continue at another date when they are more prepared.

Rora Canody P&Z Administrator distributed a memo to the Commissioners that explained how she felt Reed was sending out emails and statements in regards to the appeal of the Edge Resort and wanted to go on record saying, “I believe that Jayne Reed has made comments in emails and communications to various Boise County employees intended to damage my reputation and the county’s reputation.” Canody started by explaining specific emails to specific employees regarding the appeal being delayed would render it “late” and therefore invalid. In the emails Canody felt statements made showed animosity and that were “insinuations that [Canody] would not perform [her] duties as a Boise County official.” Canody said, “I find it highly objectionable to my reputation. The insinuation that I would deliberately violate county policy, ethics and my job description and that I would not perform my duties are intended to damage my reputation, undermine Boise County Planning and Zoning staff and Boise county government as a whole. I have always put forth my best effort in Boise County for the past 29 years and I will continue to do so.”

Canody referred to the current ULO (Unified Land Ordinance) and how the CUP was established for the parcel of land the resort would be on. She mentioned that in an appeal for an already approved CUP, Reed would need to demonstrate any injury to her or her property if the appeal was approved.

“Planning and Zoning will be watching the development as it evolves,” according to Canody, “including its close proximity to the river, soil management, erosion, ground and surface water and poor management of the development.” It is possible there will be parts of the three phase development that will be restricted or not approved if conditions are not met. Canody was thorough to show that P&Z will be following all guidelines of the county Comprehensive Plan and the ULO as the development moves forward.  Canody addressed each provision that Reed brought out in her appeal. Previous P&Z meeting approved the site specific conditions with much consideration.

Steven Meade, Boise County Planning and Zoning Attorney agreed with Canody’s statements that appeal procedure does not meet the ULO requirements of the approved CUP as affecting Reed. He showed a case from Jerome, Idaho as being an appropriate definition. Meade showed that Reed would not be adversely affected by the CUP approval, stating, “Nowhere does [Reed] allege that she could receive any injury that would in fact be cause on her property as a result of this particular application.” He went on to say that he would support P&Z in the denial of the appeal by Reed.

Tim Fritzley, The Edge Resort property owner and developer, has been working on his development of the Edge Resort issues for over a year. He has gone through all of the government certifications prior to coming to P&Z.  He made sure all items of concern met the conditions and felt the process of the appeal was a waste of time and money for the county to go through, stating “that [Reed] has corrupted herself and the process.”  He later made the points of why his resort would still be a CUP.

Reed brought up her points of always being an “affected person” because if there is any lawsuit as a direct result of the development, then by definition she says she “is an affected person because it involves the taxes she pays.” She also pointed out four residential uses on the property and that there are industrial uses of water and sewer. She showed how the uses of the resort would qualify as a PUD and not a CUP and stated “P&Z needs to look at the entire proposal of the resort.”

Attorney Meade made his point again that Reed is not an “affected person” and did not demonstrate that in her appeal. His recommendation was that the appeal be denied with Canody also supporting that suggestion.  Commissioners then took a vote to “Deny the appeal of CUP 2017-003, Garden Valley, Idaho and uphold the decision of the Conditional Use Permit granted by Planning and Zoning to Boise County.” Motion passed unanimously.

Written by Janet Juroch – BCC Staff