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Driggs P&Z unanimously recommends denial of the Burns Concrete height variance to build a 75-foot batch plant tower.

Driggs P&Z unanimously denies height variance for 75-foot batch plant tower. It will now go to hearing before the Board of County Commissioners. 

Now that Teton County has unanimously prevailed at the Idaho Supreme Court in their 5-year legal battle over their 2007 denial of the 75-foot Burns Concrete batch plant tower at 1750N and Highway 33, the City of Driggs held a hearing this past April to reverse the zoning designation for this batch plant. Driggs P&Z unanimously recommended that zoning remain as manufacturing (M1), while Teton County has gone the opposite way and issued a cease and desist order on operation of the batch plant that is out there today. Teton County has yet to formally revoke the M1 zoning, but it seems likely the county will do so since it was the county that has been requesting that the zoning be reverted back to commercial zoning. In the mean time, Burns has now chosen to go a new procedural route to get their tower approved by recently applying for a height variance to allow them to construct the 75-foot batch plant tower.

As a point of reference, the roughly 60-foot steel tower that you see out there today is the temporary tower that Teton County has ordered to be taken down in light of the county prevailing at the Idaho Supreme Court. Burns’ recent variance request is to construct a 75-foot tall and 60-foot wide permanent tower that would resemble a multi-story building and replace the temporary piece of steel equipment that is visible today.

VARD recently submitted this comment letter in support of the City Planner’s recommendation that Burns’ variance request be denied because it does not meet the statutory criteria for a variance.  The Driggs P&Z concurred, and unanimously recommended denial of the height variance at their July 11th hearing.  Because this variance is proposed in the Driggs Area of Impact, it is subject to joint review before Driggs and the County (just like the issue whether the M1 zoning should be reversed is also subject to joint review). Thus, this variance application will next go to final hearing before the Board of County Commissioners, possibly in September.  We will keep you posted. 

Click here to read our previous meeting reports.

 

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