2008-04-04 TMIRANDA - Laserfiche WebLink

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WOODWARD: And then we’ve shorten the duration to six months so that if it is a junkyard, well, hopefully you’ll clean it up before the inspection, but if it is then he has got another four months to clean it up before, you know, the hammer hits. So if it’s appropriate, does anybody have any other comments before I make a motion? WATANABE: Yes, Mr. Rho? RHO: I do. I don’t think we should just restrict the inspection to a determination of whether it’s a junkyard or not a junkyard. I think we should base it on the 10 to 15 items, whatever the number was of the testifier as he’s filing a complaint. And if we addressed those issues, then, I mean he mentions junkyard as one of those issues, so that will be covered. But I don’t think and I may be just exaggerating, but I don’t think the inspector should go out there, walk around and say, no, this is not a junkyard, this is an agricultural -, they are able to have the th pictures look the way they looked on January 10 so everything is cool and fine. WATANABE: I don’t think that was the intent though. I think -. RHO: I understand that but I just want to make it absolutely clear. I don’t want to come back again. WATANABE: Right. YUEN: Well, and could I just jump in with -? WATANABE: Sure. YUEN: Explaining, you know, how we would look at the situation from a violation point of view. And that is that when this, you know, the Department did oppose the special permit in the beginning but the Commission granted it. And from that point on, we are implementing the decision of the Commission. We’re not trying to backdoor and get the Commission to reconsider its decision. So specifically on the equipment that’s stored on the property, when the special permit was granted if you go look at page 2 on paragraph 3, there’s a list of equipment that was stored on the property. The permit was granted with that list of equipment to be stored. That’s part of the permit. That’s not a violation. Now the neighbor may not, I don’t know what happened, maybe the neighbor didn’t own the property the 167 acres at the time. The neighbor I know did not come in and oppose the special permit. Now the neighbor doesn’t like that assortment. I think a lot of the things that are described by the neighbor are the same things that were on the property when the special permit was granted in 2005. There’s a complete list of this equipment when the special permit was applied for. So we are not going to consider that to be a junkyard. That’s part of the permit. There’s a limit of six tractor trailers, all right. And we, you know, as I say, we’re perfectly willing to go out and inspect the property and see if there is a junkyard on the property. But as far as this list of equipment, if it’s stored on the one-acre, given the special permit, that’s part of what was decided already. We’re not going back and now say, well, don’t have this stuff stored there. Okay? So, and the way that, in the special permit, and the Commission made this decision, and as the Chair keeps saying, the way that that’s dealt with is that it’s supposed to be landscaped. You know, we wanted it moved, the site is moved way from the road. When we originally EXHIBIT A 28