272 P.3d 412
Idaho2012Background
- CUP sought to waive Driggs height limit of 45 feet to build a 75-foot structure near Driggs in Teton County.
- Driggs ordinance provided height may be exceeded only with a CUP; LLUPA governs such waivers.
- County initially approved the CUP; later conflicts arose over whether a variance or CUP should govern height.
- Area of city impact agreement dictated city zoning applies; county retained ultimate decision authority.
- District court remanded for written findings; Burns Holdings amended petition for judicial review.
- District court ultimately held that a variance, not a CUP, is required to waive height restrictions; Burns Holdings appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a CUP waive a height restriction under the ordinance? | Burns Holdings argues CUP can waive height. | County argues CUP suffices to waive height. | CUP cannot waive; variance required. |
| Does LLUPA require a variance to waive height limits? | Burns Holdings relied on CUP as waiver. | LLUPA requires a variance for waivers. | Variance required under LLUPA; CUP void as waiver vehicle. |
| Is the height provision void or voidable due to LLUPA conflict? | CUP provision could stand as local practice. | Provision conflicts with LLUPA and is void. | Height waiver provision void; must apply variance rules. |
Key Cases Cited
- Gardiner v. Boundary County Bd. of Comm'rs, 148 Idaho 764 (2010) (variance governs waivers of height under LLUPA; CUP cannot substitute)
- Workman Family Partnership v. City of Twin Falls, 104 Idaho 32, 655 P.2d 926 (1982) (LLUPA procedures; judicial review standards)
- Reardon v. Magic Valley Sand and Gravel, Inc., 140 Idaho 115, 90 P.3d 340 (2004) (county-city delegation limits; city plan applicability in area of city impact)