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2023-03-16 Leeward Exh A (Items 1 Frank Sirlin PL-SMA-2022-000024)
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2023-03-16 Leeward Exh A (Items 1 Frank Sirlin PL-SMA-2022-000024)
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DEFRANCO: Yes, Commissioner Knowles. <br /> KNOWLES: Jeff, could you help clarify what if any sort of control this <br /> Commission has regarding the non-conforming short-term vacation rental use that he may or may <br /> not have for the property. <br /> DARROW: Confirm whether or not he does have one? <br /> KNOWLES: You're saying he does have it. <br /> DARROW: Yeah, and I believe that the applicant's representative can confirm <br /> that. <br /> PIPAN: Yes. There is an NUC for STVR use, if it's possible he'd like to <br /> retain it and our discussions with the Planning Department indicated that would be likely possible. <br /> But again, it's not a make or break. <br /> KNOWLES: I guess I'm just not clear on what our power is with respect to that <br /> DARROW: I can speak— <br /> KNOWLES: Portion <br /> DARROW: —to that. <br /> DEFRANCO: I think Mr. Darrow — <br /> DARROW: We had a similar situation in fact this may have been one of Mr. <br /> Pipan's applications. This was a rezoning that was before the County Council and there was <br /> concern that the development may turn into short-term vacation rentals. And ultimately the advice <br /> or opinion given to them was if it's something that's allowed, they shouldn't not allow it. They <br /> shouldn't restrict it if it's something that is permitted. And so, they ended up not putting that <br /> condition in. I mean the actual development itself whether or not that was a different matter but <br /> overall, it seemed like if there is uses permitted in a particular zoning district that through a <br /> rezoning or through a permit process, we shouldn't be restricting those uses. <br /> DEFRANCO: Right, thank you. <br /> DARROW: And again, this is unique in the sense that this was in to get one of <br /> these non-conforming use certificates you'd had to have been operating as a short-term vacation <br /> rental for a period of time in a particular location to receive one. And this applicant I'm not sure if <br /> he was the owner at the time or not but, this property does have a non-conforming use certificate. <br /> KNOWLES: And that use certificate travels with the parcel and not with transfer <br /> of ownership. <br /> 12 <br /> EXHIBIT A <br />
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