2005-03-18 TWDC - Laserfiche WebLink

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GALDONES:Just for my information, Jeff, Im just building upon Commissioner Springers earlier comments that if there are other developments later on down the road that may surface and that this venture here somehow gets, seems to be getting in the way, is there a way to reject or revoke that permit that we have already approved? DARROW:It has been brought to my attention that Condition No. 11 would apply to that situation. If I can read it, it states, The applicant shall be responsible for operating the heliport facility in a manner as represented to the Planning Commission, including good faith negotiations with qualified helicopter tour companies, and prescribed under the conditions of approval of this permit. Non-compliance with these representations or conditions of this permit shall cause the Planning Director to schedule a public hearing on the matter before the Planning Commission to determine whether a violation has, in fact, occurred. GALDONES:So Condition 11 is interpreted to apply in that kind of a situation that theresapossibilityofrevokingthepermit?Ismyunderstandingcorrect? DARROW:Itappearsthatitwouldbebasedonnon-complianceoftheconditions.I dont know about, maybe the Planning Director could answer this more directly, but we might need to look at a possible additional condition or the possibility of limiting that extension to 5 years. GALDONES:One moment. Any further questions, Commissioners? Mr. Yuen? YUEN:Yeah, I have to say that a, if, say a project came in that was nearby this and it was, say, a residential project very close that was not compatible with the heliport, we could not make, we could not say, well, this is condition applies so the heliport has to shut down. We would have to take the heliport as a given in the operations and deal with that in, in respect to the other application. I believe that the same applicant owns the neighboring property; and that is a factor in our consideration or recommendation of 10 years on this. GALDONES:Commissioner Springer? SPRINGER:While Condition 11 pertains to violations, Condition 10 seems to take into consideration a listing of all complaints. And I wonder if the Director can explain to us how that list of complaints might be acted upon if the number or nature of complaints become alarming or significant. YUEN:If the complaints were with respect to things that were not violations of the permit or some other kind of actual rule, if its, we couldnt take any enforcement action. Theres a series of conditions of the permit, if we get complaints, we find that the complaint shows that theyre violating the conditions of the permit, then we could revoke the permit. If they show that theyre violating some other rules and regulations, theres a catch-all, and we could also revoke the permit for that, like theyre flying too low, some place else, that kind of complaint. But if its just a, if its a complaint of something that people really dont like but it does not violate any of the specific conditions of the permit, or any other rule or regulation that applies to their operations, then we just take it as noted. And its something that could be brought up at a time when the permit is renewed, and that could be taken into account and say, well, people are not happy with this, even though it doesnt violate any of the conditions. You 4