|
the Commission to vote on it before the deadline. But,there is language, too, within the rule that
<br /> says if the deadline passes, yet the applicant is in the process, the Planning Commission can
<br /> allow the use to continue. We've always been under the understanding that if the use is not
<br /> having adverse impacts to anybody, like if it's a violation that's happening and nobody is really
<br /> being that affected, I mean, it's not, it's like a B&B or something that's operating and it's in a
<br /> house or something, then they can come in and try to get the permit. They were operating
<br /> illegally, but if they get the permit, they can continue legally. But, in this case, it's a little
<br /> different. They have the permit. They're just coming in for the time extension.
<br /> Now,the big question comes up. What do we do once the deadline happens? Again, there was
<br /> discussion about not having deadlines, but as we got into further discussion regarding the
<br /> difference between zoning and project specific permits, I think the understanding became clear
<br /> that yeah, there has to be some checks and balances there. There has to be deadlines.
<br /> But, again, the same type of discussion coming up that maybe it would be better to just look at it
<br /> case-by-case and give them a period of time rather than a boilerplate amount of time for small
<br /> and big conditions. Or, again, we can consider the phasing option.
<br /> Let's see, and again, I think this is an excellent idea here because if the, if somebody is coming
<br /> to the Commission to be able to build a project and, they should be ready to go, I mean, they
<br /> should be like okay, I'm ready to go, I'm going to go right after this. And they say that all the
<br /> time. "How long is it going to take you to do this?" "Oh, once I get approved, I'm going to go, I
<br /> should have the project done in two years." And, then all of a sudden we hurry up and wait,
<br /> right? We just, what's going on? So, there should be, we think there should be tied in with those
<br /> conditions that if you need, if you don't meet this substantial compliance or substantial
<br /> commencement definition on your project, and you try to come in for an administrative permit, if
<br /> that's still the process, their, we're going to say there's been no progress. You have to go back,
<br /> you know. So, at least at that point, that discussion can come and the applicant will have to
<br /> answer as to "Why isn't this project moving? Are you even able to go forward now? Do you
<br /> have to finance it?"
<br /> So, this was kind of where everything started, right? Having an expiration date on the permit,
<br /> and once that date has passed, the permit is void and the applicant will need to submit a new
<br /> permit. That seems like a good option. At that point—and I had mentioned this previously that
<br /> sometimes when the Planning Department receives an amendment instead of a new permit,
<br /> sometimes those amendments can be more work than a new permit, because we have to do all
<br /> this history and look at all these actions that happened, and it gets a lot more convoluted and
<br /> detailed work. But, a new application, we just say is this still appropriate? We look at just like
<br /> it's a new application and then the Commission votes on it.
<br /> "Condition permit to start deadline [timeline] after permitting has gone through." So, this is
<br /> what we were speaking again. The more, quite a bit of delays happen because of the permitting
<br /> process, and given whatever is going on, right now, we are going through this massive delay as a
<br /> result of short-term vacation rentals. Because of the overwhelming response to trying to receive
<br /> non-conforming use certificates for short-term vacation rentals, it's really overwhelmed both the
<br /> 7
<br /> EXHIBIT C
<br />
|