2019-04-04 Hearing Transcript - Admin Matters Item 1

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Now, as far as permits go, our standard condition at the end of our permit says that should the applicant not substantially comply with conditions therein, the Planning Director may initiate procedures for revocation. So, we don't do that very often, but every so often for really, you know, they clearly are not complying with their conditions and even though we've made attempts to ask them to comply, they don't. Our only recourse is to bring them back to the Commission for revocation. So, that's the two options at this point. So, we're going to touch upon this, so now that we've already done it, we CLARKSON: So, there's no automatic revocation then? It always has to DARROW: Not automatic— CLARKSON: Yes? DARROW: Correct. CLARKSON: Okay. DARROW: Yeah, and again that was another idea brought up, and this is something we'll have to work with Corporation Counsel. Do we have the ability in a particular permit to say if this happens or if this deadline comes, can this automatically be reverted or can this automatically be revoked without an action occurring by the Council or the Commission? So, those are the questions that legally we still need to get answers for. Okay, so, this is in regards to Special Management Area Use Permits. So, we saw in the Use Permits and the Special Permits 90 days. There's a little difference in this. This one says that the applicant may apply to the Commission through the Director for an amendment to the permit or conditions imposed by the Special Management Area Use Permit. In the case of the extensions, the applicant shall set forth in writing the length of time and the reasons for the time extension. In the case of modification or deletions of conditions, the applicant shall file the request not less than 60 days prior to the expiration date of conditions. So, it's a little strange how our rules are coming out. The first one had the deadline relative to time extensions, and no deadline in regards to amendments. This one has no deadline for time extensions but it has it for the amendments in modifications, although we would obviously apply that to time extensions as well. So, in one, we have 90 days. In this one, we have 60 days. So, we, there's obviously a need to maybe make the rules more uniform. The applicant shall also deposit with the Department the sum of $250 to cover publication and other administrative costs, along with the original and 20 copies of that request. Notice and hearing shall, procedure shall be the same as under Section 9-11(c) and (d). CLARKSON: Can I just a question? DARROW: Sure. EXHIBIT E 4