2006-05-05 THui-o-mana - Laserfiche WebLink

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ALAMEDA:All right, Fellow Commissioners, its our time to discuss, or we can make a motion and discuss. Commissioner Graham? GRAHAM:Basically, to me, an application like this could go either way, you know, vote up or vote down. We have rules for when special permits should be approved and we have criteria to address, and like we got seven different criteria here. It doesnt say every one of them has got to be met. But, you know, some of them say the desired use shall not adversely affect surrounding properties. So if the surrounding property owners feel that its a problem with the roads and safety, then I have to take what they say more seriously than what I might think. Another condition is the land upon which the proposed use is sought is unsuited for the uses permitted within the district, and certainly Ag uses are permitted, but we do allow lots of special permits where theres good Ag potential. So, again, you know, as far as the laws are concerned, I think we have ample justification to go either way. ButthethingthatbothersmeatthispointisIdontfeellikeIshouldvotetoapproveaspecial permit unless the surrounding community supports it; and in this case I dont see that at this point. We have some testimony, some of which we got to today and all of which I have not read yet just because we didnt have time today. But in order for me to support this it needs better support from the surrounding community than I see at this point. ALAMEDA:Other thoughts before we entertain a motion? Commissioner Iwashita. IWASHTIA:I generally concur with what Commissioner Graham has stated and Im prepared to make a motion if the Chair wishes. ALAMEDA:I wish. IWASHITA:I move that the application for Special Permit Docket No. SPP 06-000024, Special Permit to allow the establishment of a Health and Wellness Retreat Facility on a 3.167- acre area situated on Tax Map Key: 4-4-13: portion of 10 be denied based upon the reasons stated by Commissioner Graham, as well as the fact that there is general community opposition to the proposal. ALAMEDA:Let me just check with counsel. I know when we make a recommendation or a motion to deny, our reasons would have to be stated. But Im just wondering if those reasons are specific enough. Mr. Torigoe? TORIGOE:Thank you, Mr. Chair. Im afraid I was out on a telephone call when Mr. Graham was speaking. But basically thats a concern, is that because the recommendation from the Director was for an approval if there is a denial then we will have to try and spell out as specifically as possible the reasons why. So if the record is pretty clear on that, thats fine. If you want to, you know, spell it out more specifically that will be helpful. IWASHITA:I can be more specific. The reasons include the traffic concerns expressed on the record in testimony presented for the body. There are residual concerns about meeting Department of Health regulations in compliance with the proposed operation -. SALAVEA:Liability. 24EXHIBIT D