Fruitland board knocks down damage claim
By Larry Hurrle
Argus Observer
Thursday, August 27, 2009 10:48 AM PDT
FRUITLAND — The Fruitland City Council was not in a giving mood Monday night.
The council denied a request by a Fruitland businessman to alter conditions of a conditional use permit, and the council stood by the city’s insurance carrier to deny a claim of damages by a Fruitland homeowner.
David Owens, owner of Owens Chiropractic, at 2007 N. Whitley Drive in Fruitland, was originally granted a development agreement as a condition of rezoning the western portion of his property as light industrial in May of 2003. In June of 2004, Owens was granted a conditional use permit to conduct the sale of used automobiles on the northeast portion of his property, which is zoned commercial.
In September 2008, the council found Owens was in violation of both the development agreement and the conditional use permit. In the development agreement, Owens was to construct a 6-foot high cedar or chain link fence with slats on the north and east boundaries within 90 days and on the west boundary within a year. As well, he was not to have more than 10 vehicles on the light industrial portion of the lot at any time. The council said, at that time, the north boundary of the property was not completely fenced and the west boundary was fenced by a neighbor. As well, they said Owens exceeded the number of vehicles allowed on the property at any one time.
Also, the city said Owens was in violation of his conditional use permit because the lot was to be paved with proper drainage within six months of the issuance of the CUP.
The city contended none of the conditions had been upheld and chose to revoke Owens’ CUP and terminate the development agreement.
In a meeting Oct. 13, 2008, Owens told the council he had cleaned up the area, constructed a 6-foot high fence and explained he did not have the funds at that time to pave the area.
In November, following a public hearing, the council agreed to reinstate a conditional use permit requiring the commercial portion of the property be graveled with proper drainage by April 15, 2009, and paved no later than Aug. 31, 2009, while keeping the CUP on a probationary status.
Monday night, Owens was again in front of the council to tell them he could afford to pave the property in question.
Owens contended that, while he did bring in taxable dollars with his business, he went $7,000 in the hole because of the economic situation.
“If I put money into asphalting the parking lot, I have no money for my business,” Owens said. “It is not worthwhile for me to do that.”
Owens said he asked the city if he could use used paving brick he found, but that was denied and now is not an option.
“It’s up to you,” Owens said. “If you force the issue, I’ll just quit (the car sales business).”
Fruitland Mayor Tom Limbaugh said the city council’s hands could be tied as far as doing anything for Owens because revocation of the original CUP and the hearing process had already taken place.
Limbaugh suggested Owens begin anew with the conditional use permit process and return to the city’s planning and zoning committee to request new conditions for the permit.
Councilwoman Vicky Cox, who originally sold Owens the land and building where his business is situated, said she wasn’t convinced he could succeed with the sales venture.
“If the best year you have is losing $7,000, there’s no sense in continuing it,” she said. “This has been a very long process. You’re a very good chiropractor. If I were you, I would stay with that.”
In a separate incident, Robert Evans, 3151⁄2 Iowa Ave., said he believed city crews damaged his property by destroying a 35- to 45-year-old grape vine and damaged his chain link fence during the installation of a water meter.
Evans’ claim for $1,000 in damages was submitted to the city’s insurance carrier, Idaho Counties Risk Management Program, and denied.
Evans told the city that city crews had to roll back a chain link fence to install a new water meter at the residence. Meanwhile, he said, an independent contractor had to be hired to install a service line from the meter to the home.
Evans said he was not home with either installation took place.
Fruitland Public Works Supervisor Jerry Campbell said his crews did everything right when installing the meter and even had to prune the grape vine and another bush to be able to complete the installation.
Evans contended he had a witness who could testify the city destroyed his grape vine, but that he could not reach the witness to bring him to the council meeting.
Cox contended the grape vine was dead prior to the installation, judging by the pictures Evans submitted which he said were taken within hours after the installation was completed.
“That vine was dead, dead,” Cox said.
Limbaugh said he did not know what else the city could do because the insurance company already denied the claim. He did offer to have the city purchase a new, mature grape vine at a local nursery and city crews would plant the vine for Evans.
“Naw, I don’t want to do that,” Evans said.
Limbaugh said the replacement of the vine, which would have cost less than $20, was the best he could offer and if Evans changed his mine, he was welcome to return to the city and it would replace the plant.
“One thousand dollars don’t mean nothing to me,” Evans said. “There’s better days ahead.”
