U-Pick Red Barn battles city to stay open

IDAHO FALLS, Idaho (KIFI) — A traditional fall business in Idaho Falls is fighting to open for another season. U-Pick Red Barn is discussing its future after struggling to get permits from the City of Idaho Falls.

The annual business in Idaho Falls has provided fall fun for families for almost 20 years. Rollie Walker, U-Pick Red Barn's owner, says the City of Idaho Falls gave them several requirements to open this past season.

“And we did those things," Walker said. "Even the city attorney reviewed it and we said, okay, we need to open and they [the city] need to send an inspector.”

Walker says he wanted that last inspection done as soon as possible, but one was never done.

"I was promised. I complied. More conditions were added. I did that too," Walker said. "And then they finally said, yep, you've done it all. They wouldn't inspect. So since they didn't inspect, I didn't get a permit. Since I didn't get a permit, I got my whole license revoked."

U-Pick Red Barn opened this last season without a permit. It was shut down shortly thereafter.

The City of Idaho Falls says U-Pick Red Barn can try to open again for its next season.

"The property owner need only take the necessary steps to correct existing violations and come into full compliance with established building and zoning codes. At that point, the owner can again apply for a conditional use permit," said City of Idaho Falls PIO, Eric Grossarth.

Both Walker and the City of Idaho Falls expressed their desire for U-Pick Red Barn to open next season. The city says "wholesome, family friendly activities and community gathering places will always be welcome in Idaho Falls." But they require permits to operate for the public.

Walker says the community could help with the situation by coming to support U-Pick Red Barn at city meetings.

Grossarth released the following statement regarding U-Pick Red Barn.

"City of Idaho Falls officials appreciate the value that business ventures like the U-Pick Red Barn bring to the community. Wholesome, family friendly activities and community gathering places will always be welcome in Idaho Falls. None of this is in dispute, nor should it be.

When discussing the specific case of the U-Pick Red Barn, it is very important to stick closely to the facts. The statement made on Dec. 23 by the owners of U-Pick is not complete.

In Idaho Falls, as in all communities, businesses are required to adhere zoning codes established by the City as required by the Local Land Use Act passed by the legislature. In addition, the legislature has adopted the International Building Code that all citizens of the state must also follow. Building codes promote safety. Similarly, the city’s zoning codes are designed to promote quality neighborhoods and commerce within the city. We fully expect all citizens and business operators to comply with these state and local laws.

The City of Idaho Falls has been engaged in various good faith efforts for over three years to ensure that U-Pick would be in full compliance with these building and zoning codes (laws). So, when U-Pick knowingly chose to operate portions of their business without being in full compliance, enforcement action was taken, as it would be with any noncompliant business.

More specifically, operating a kitchen without a building permit is problematic and would be for any business. The failure to dedicate right of way to alleviate traffic concerns along Rollandet Avenue resulted in city inspectors not being able to approve the building permit and site plan required to operate. This process could’ve been completed this summer before the business opened.

Opening for the 2024 season without a building permit and site plan were in direct violation of conditions imposed by the Board of Adjustment (BOA), a panel of citizens charged with acting “as an independent fact-finding and decision-making body in order to uphold the principles of the Zoning Code and other City Codes” (Idaho Falls City Code 2-3-2).

The BOA’s revocation of the conditional use permit occurred at a meeting held on 17 December. The decision and the rationale supporting it were discussed at length at the Board’s meeting which was recorded and is available for the public to review on the City website here: https://idahofallsid.new.swagit.com/videos/323021. The decision was not undertaken lightly and ultimately was based on the owners’ noncompliance."

Going forward, the U-Pick Red Barn can again seek to operate. The property owner need only take the necessary steps to correct existing violations and come into full compliance with established building and zoning codes. At that point the owner can again apply for a conditional use permit.

Recognizing the significance of the U-Pick Red Barn to many in our community, and knowing that a venue that celebrates autumn and the harvest season is appreciated by many, City officials hope this situation is resolved soon and without further controversy."