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ROAD VACATED--STRUCTURE ORDERED REMOVED 12-1-10 LMS

A request to vacate 15th street and an alleyway failed to reach a resolution last month when the Salmon City Council’s deciding vote on the vacation ended in a tie.

At the December 1st council meeting the requesting party, Mike Wallingford, submitted a letter to the council asking for the vacation of 15th Street from Cleveland Avenue to the Old Leesburg Road. He also requested vacation of an alley that runs west of the 14th Street intersection to it’s terminus at the intersection of 16th Street. The two properties are located in the Arlington Heights Subdivision. Wallingford reiterated that even though the 1910 subdivision plat shows a street and an alley, neither was ever actually constructed. He suggested that the alley vacation include a stipulated designation of a public right-of-way for utility purposes only, and that all existing fences and gates be kept intact.

Wallingford’s neighbor, Bob Wiederrick, uses the alley and he opposes vacating its entire width. A portion of the platted alley is occupied by a garage for which Wallingford was given a city building permit in 1993. The garage replaced a pre-existing building.

City Attorney John McKinney clarified that according to code, primary access to a home must be from a main thoroughfare, not an alley. He advised the council that Wallingford’s request could be considered in two separate parts; vacation of the alley and vacation of 15th Street. McKinney also told the council it could vacate the alley and retain a utility right-of-way. There are presently no city utility lines under the alley.

After much discussion the council voted unanimously to vacate 15th Street.

Wallingford was informed that if he wants to pursue vacation of the alley he will have to start over with a new vacation request and go through the required notification and public hearing process.

Mark Troy of Idaho Adventures brought an appeal before the council regarding a building permit he had been denied.

During discussion between Troy and the council it was explained that circumstances surrounding the denial, date to 2001 when Mark and Kristin Troy were issued a building permit for the Idaho Adventures facility located south of the Main Street Bridge’s west end. Even though a code requiring sewer and water connections for new construction in the city had been in existence since 1993, the city administration of 2001 issued a building permit for Idaho Adventures and, according to Troy, told him construction could proceed without the city services connection requirement.

According to City Planner Dan Maiyo, based on present codes the Idaho Adventures building is under a “non-conforming use” designation, a use that was in fact created by the city.

In a non-conforming use situation there can be no further expansion of the property until it achieves code compliance. Based on that rule, when Troy applied for a building permit for an additional structure he has placed on his property Maiyo denied the permit.

In 2001 city utility lines were nowhere near that location, still known as the old IGA, however there were plans for some major development on surrounding properties which would have created a probable sharing of costs for utility line installation. Development plans faded as the economic market began to deteriorate.

City services lines have since reached an area above the Salmon River Motel however it would still cost Troy a minimum of $36,000 to extend lines from there to his property.

For that reason last May the city gave him two more years to make the city sewer and water line connections. Attorney McKinney said the city cannot waive connections to city services because they are mandatory under state law and are a requirement of the Public Health Department.

McKinney said the problem should have been resolved a long time ago and that Troy had done everything the city required of him at the time. McKinney said the two year extension will give Troy a chance to find interested developers for the properties behind his.

In the meantime, the council unanimously ruled that due to the non-conforming use status, no expansion of the property can be allowed until it is connected to city services therefore; the appeal on Troy’s denied building permit was voted down by the council. The council further stated that Troy’s recently added storage building must be removed in order to maintain the two-year extension agreement. If, after two years city water and sewer lines have not been extended and connected to the property the connection issues will be revisited. He was given three months to remove the storage building from the premises.


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