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MOBILE FOOD UNIT CONDITIONAL USE PERMIT APPROVED 7-6-11 LMS

During the June 15 meeting of the Salmon City Council a public hearing was held on a conditional use permit request by a mobile food unit. At the end of the hearing the council chose not to rule on the request at that time.

During its July 6 meeting the council made note of some additional requirements it wanted tied to the conditional use permit and granted Leonel Brambila of Aberdeen, Idaho permission to place his Mexican cuisine mobile food unit on property at 317 Riverfront Drive. The council vote to approve the permit was five in favor and one opposed.

In comments during the councilís Roundtable segment of the meeting former City Planning and Zoning Board member and now City Councilman Fred Waidely admonished fellow council members for having delayed their decision even though all the information they needed was available immediately following the hearing, including a recommendation from P&Z that the permit be granted. He said the delay caused the prospective business to miss three weeks of summer season business including what could have been a lucrative 4th of July weekend. Even though state statute allows a deliberation time of 35 days, in matters affecting business Waidely said the council should strive to do a better job since for a businessman time is literally money.

Now that the council has approved the permit City Planning and Zoning Administrator Dan Maiyo will prepare an official Record of Decision. It will include the additional council requirements and as soon as all are met the mobile restaurant will begin operations.

Councilmen voting in favor of granting the permit were Waidely, Ron Radford, Bud Bartlett, Ken Hill, and Jim Baker. Councilman Jim Kluesner cast the one vote in opposition.

The site was at one time occupied by the Dos Hermanos mobile restaurant owned by Cynthia Welch. Welsh appeared before the council to explain reasons behind her vacating the location and to ask why she must repeat the whole process of obtaining a conditional use permit to reopen her food service business when she had previously gone through the process and was granted a permit. Councilman Waidely stated conditional use permits are site specific and City Attorney Fred Snook Jr. confirmed that legally a conditional use permit is directly connected to the site. He said in order to reestablish her mobile food trailer business at a new location the full permit process is required.

That process begins with first submitting an application for a conditional use permit to Dan Maiyo who then forwards it to the City Planning and Zoning board. P&Z holds a public hearing on the permit request and forwards its recommendation to the City Council which schedules a public hearing and afterwards makes a decision. Welsh asked how long that would take and was told around two and a half months. She pointed out that the summer season would be over by then and the council apologized but maintained the law has to be followed.


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