2010-04-01 TMOOERS - Laserfiche WebLink

Home

director of a charity. I’m very sympathetic and my client is very sympathetic, she’s a nurse, to charitable activities. But private weddings are not charitable activities. And parties for, you know, someone’s birthday are not charitable activities. Is this commercial? You bet your life it’s commercial. You look at their website, they pay $100 fee just to get on the calendar, a $400 minimum fee for the rental, $1 per person for tables and chairs. If it’s 800 people, that’s another $800. (The Department of Public Works interrupted the meeting over the public address system stating that there will shortly be a testing of the emergency notification system.). HIGGINS: That was actually good for me. I needed to take a breath. That was my second point, their track record suggests that if the Commissioners are inclined to grant a permit that the conditions be carefully drafted. Lastly, I’d like to suggest that we look at the application in terms of the Commission’s Rule 6.6 and 6-3(b)(5). Under 6.6, this can be granted, these permits can be granted if the use is unusual and reasonable. And I would suggest that what is reasonable for one Ag area isn’t necessarily reasonable for all Ag areas; and this is the point I was making about how far this is from the Urban core. It’s really way out in the middle of Ag land. Under the criteria of 6-3(b)(5): The first one is such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and the Regulations - My understanding is that we’re categorizing properties to segregate the Industrial from the Residential, and the Commercial from the Agriculture, and so forth. And, again, I don’t see that this particular exception, if it can be expanded so its broad sale of commercial products and its special events are not restricted to charities, I don’t see it as consistent with the land use law and the regulations. The desired use shall not adversely affect surrounding properties - I would commend the applicants. I think with respect to their sensitivity to sound, they’ve done a good job addressing that issue. (Testing of sirens of emergency system was made at this time.) HIGGINS: C, it shall not unreasonably burden public agencies – And my comment here is just that there is a question, I put this in an email that I sent yesterday and I apologize for not picking this up earlier -. But the Fire Department, and I spoke to the Fire Department yesterday, their letter of recommendation or conditions says that there needs to be compliance with NFPA 1142, in other words there needs to be adequate water. And if you look at the Department of Water Supply comment on this application, the nearest fire hydrant is a mile away. I don’t know whether or not the Andersons have sufficient water catchment and so forth for the Fire Department, but it’s an issue that I think needs to be addressed.We’re talking about 1,000 people and 300 cars in a rural area; and the Fire Department is going to have to respond if there’s an emergency there, and there needs to be water. And then police, again, I apologize for not picking this up earlier. You know, we are reasonably comfortable with the concept of having the Cancer Society function there at which wine is served; and that requires a Liquor License. That doesn’t really bother us but it’s a slippery slope. When you start allowing people to serve liquor for one event you can’t say, well, you can serve it for one event and not another event. I think you either have to confine the special events rigidly to 501(C)(3)organizations or as we have suggested in our underlined language, and I assume all the Commissioners have that set of permit conditions with the underlined language. This is specifically designed to address the Anderson’s comment, that they don’t want to be confined to 9 EXHIBIT D