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MINUTES OFTHE FAIRFIELD
PLANNING & ZONING COMMISSION
Public Hearing
Tuesday, November 21, 2017 at7:00 P.M.
Recorded
COMMISSION MEMBERS IN ATTENDANCE: Jasmine Torwan, Mandi Hulme and Ed Reagan
CITY STAFF IN ATTENDANCE: Natalie Quinonez
OTHERS IN ATTENDANCE:Randy Schwab, Clell Ballard, Fred Marolf, David Knauf
I. CALL TO ORDER:Vice-Chairman Torwan called the meeting to order 7:01 p.m.
- ROLL CALL: Roll call was taken by administration. (Ted Miller absent)
- APPROVAL OF AGENDA:Commissioner Hulme made the motion to approve the agenda; second by Commissioner Torwan.
The meeting was turned over to Commissioner Reagan to conduct.
- PUBLIC HEARING:
A Variance Application for front edge fence height requirement submitted by Randy Schwab regarding Lots 12-15, Block 27, City of Fairfield, Idaho. The applicant proposes to construct a 6-foot fence surrounding his property and requests that the front edge height allowance be altered from 3 feet to 6 feet. The application lies in the commercial zoning district.
David Knauf: Not sure how the city deals with the rules and regulations and what’s going on over there, but I think it’s kind of a band-aid to put a fence up and not deal with the problem. I’d be willing to help Randy do all that, but it’s not solving the problem, it’s just covering it up.
Clell Ballard: I want to speak in favor. I’m the last of the original planning and zoning commission that zoned the town. We spent hours and hours and days and days, probably a year and a half, in preparation to get it zoned. We did not reinvent the wheel. We got zoning procedures from five other small towns and used those. Though we did have several things that are unique to Fairfield. One thing that is unique to Fairfield is 80-foot roadways, because of snow. Other towns have 60-foot roadways. Our goal was to make this a nice place to live and have control of our destiny, but not dictate everything. Originally a fence ordinance was not put in, but has been added over the years. I’m assuming that ordinance was borrowed from somebody else. Twin Falls has fences 6 feet tall up to 20 feet from the front property line, then they drop to 3 feet. It’s that way because they have narrow streets and people need to see around the corner. Fairfield doesn’t have that problem at all. There’s plenty of corner visibility of there’s 6 foot all around.
(Discussion between Randy and Clell clarifying where his fence would be located. Commissioners joined in to explain the current ordinance and exactly what changes are being requested.)
Our goal was to be able to let somebody use their property as they want to use their property. The Constitution states that you cannot deny a person of life, liberty or property without due process of law. That means you have to go to court to get someone’s property away from them. Planning and zoning has been deemed legal even though it is directly against the due process of law concept. People should be able to do what they want to do. In Randy’s case, he should be able to camouflage. You could have whatever you want on your property and people wouldn’t be able to see it if you have a 6-foot-high fence.
Fred Marolf: (He had responded on the public meeting notice he received in the mail.) I’ve been friends with Randy for many years. We’ve dealt with different issues but have got along good. About two years ago he came to me and asked me to do a favor for him. I said, “Randy, I’ll make you a deal. If you’ll clean up your lot in town I’ll help you with what you want me to do.” One of my sons and I offered to help Randy move some vehicles out to his farm in the country…at no charge. We would provide the trailer, all he had to do was supervise. We would move them for him. The same vehicles have been there for years. Randy accepted the offer for help, but now was not a good time. He never asked for the help and never acted like he wanted it and he has not done anything with it except put up a corral fence. The gentleman who sold him the lot in the first place made the comment that if he had known what he [Randy] was going to turn it in to, he never would have sold it to him [Randy]. So, I’m not in favor of letting him build a fence to hide the problem. But if the city can’t legally force him to take care of his property, then I’m all for him having a 6-foot fence, maybe even a 10 foot fence. Randy and I have been friends, but I’m not happy with what he’s done with his property. It’s caused a lot of problems with plans to spruce up Main Street. It’s one spot that most people I’ve talked to are fed up with.
Clell: If Randy had cows or horses or anything that is popular with society on his property nobody would be saying anything. Anything that is popular with current society, he would be allowed to have on his property and could be there for years. But for whatever reason, there’s a burr under some people’s saddle if you have an old car or an old pickup, or something like that. Well guess what, one person’s junk is another person’s treasure. When you have an old car on your property…people could come to my property, I have an 8-foot fence and several old cars. So, if you don’t like old cars, don’t look over my fence. Yes, Randy needs a fence. He needs to be able to build a fence to camouflage what bothers people.
Randy: He’s [Clell] right that one man’s junk is another man’s treasure. Everything on that lot has value in one way or another. A lot of you guys don’t know about old cars. But I tell you what, there’s a lot of things that are not replaceable other than off of other cars. I’ve been doing what I’ve been doing there since 2000, back when there were only two zones; commercial and residential. My understanding of that is if you wanted to make money, you had to be in the commercial zone. If you wanted to live, you had to be in the residential zone. Those were the only two zones we had. Before they came up the new zoning, I was okay. I even came to those meetings and said “Hey, I should be grandfather claused into this’’ And they drew a little red circle around my property and around Ron Chapman’s property and around Aaron Fox’s property and made them commercial properties in residential zones. Then when I came back, my little red circle was erased. I don’t know what happened.
Natalie: You’re still in the commercial zone.
Randy: I understand, but I’m actually a light industrial and that’s what I portrayed in those meetings, but that’s not what this meeting is about. This meeting is about me putting up a 6-foot-tall fence. In my defense, I have moved cars and they are sitting on another piece of property.
(discussion between Randy and Fred regarding their deal)
I would like to put up my fence. That benefits me and benefits the community.
Natalie: I have a question. I year ago, you were asked by the city to clean up your property. You may have moved a few cars, then it snowed, and you were given an extension…how is putting up your fence going to clean up your property? Some of the cars are taller than 6 feet.
Randy: Don’t I have rights in this country? I have made an effort; I have taken care of my weeds and I still have more work to do. I’m not denying that fact. I’m also a very busy man, I’m trying to make a living like everybody else. So, I have made progress. I have not gone backwards. If I had not made progress, then I think you could call me a bad guy. I have been moving forward.
Ed: Any questions from the commissioners. We have some written comments, but there’s nothing new in them as far as this is concerned. I think we’ve heard all the facts.
Public Comment closed and the meeting returned to Vice-Chairman Torwan
- MEETING SCHEDULE:Regular Meeting Tuesday to decide on recommendations to the city council – December 5, 2017 @ 7:00 p.m. Motion by Commissioner ; second by Commissioner Thomas
- ADJOURNMENT:Motion made by Commissioner Reagan to adjourn the meeting; second by Commissioner Hulme. Meeting adjourned at 7:35 pm.
CITY OF FAIRFIELD
Planning & Zoning Commission
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Ted Miller, Chairman
ATTEST:
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Natalie Quinonez, Planning and Zoning Administrator
Planning and Zoning Minutes November 21, 2017