The Kanab City Council upheld the decision of the Kanab City Planning Commission to approve the site plan application of Viresco Energy/Jim Guthrie in a meeting held on November 1, 2011. The Kane County Taxpayer Association (KCTA) appealed the site plan approved on May 17, 2011.

In the written decision, the council stated that the approval of the site plan was supported by substantial evidence and was not arbitrary, capricious or illegal. The council found that the city’s ordinances clearly made the council the appeal authority in regards to site plan appeals, and as such, it acted in a quasi-judicial manner, holding a hearing on September 29 to hear arguments from attorneys representing the KCTA and Kanab City’s Planning Commission.

Addressing a complaint from the KCTA that the public was denied input in the decision, the council noted that while no public hearing was required, the planning commission held several meetings in which they received public comments regarding the issue, as well as receiving numerous lengthy and detailed e-mails.

Recently, the Sixth District Court granted Kanab City’s motion to dismiss a suit filed by the KCTA challenging a general plan amendment and zone change for the property for Viresco Energy’s proposed hydro-gasification research facility, finding that “there is no genuine issue as to any material fact” supporting their arguments.

A KCTA appeal of a conditional use permit for the height of smoke stacks granted to Viresco Energy is pending a hearing and decision by the Kanab City Appeal Officer.