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PD RECOMMENDATION REPORT
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2024
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2024-06-06 Windward
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Item #7 Matthew Dietrich, Steven Dietrich, & Jane Dietrich (PL-SPP-2024-000052)
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PD RECOMMENDATION REPORT
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PD RECOMMENDATION REPORT
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In addition to the above listed criteria,the Planning Commission shall also consider <br /> the criteria listed under Section 6-3(b)(5) (A) through (G). In considering the criteria, the <br /> Planning Director recommends the following. <br /> (A) Such use would not be contrary to the objectives sought to be <br /> accomplished by the Land Use Law and Regulations. The subject request is considered <br /> an unusual and reasonable use of the agricultural land. As previously noted, since the <br /> unusually narrow width of the property and steep incline make intensive agricultural uses <br /> unviable, the proposed use will not adversely affect the preservation and agricultural use <br /> of the County's prime agricultural lands. <br /> (B) The desired use shall not adversely affect the surrounding properties. <br /> Properties surrounding the subject property are zoned Agricultural-20 acres (A-20a), with <br /> uses consisting of agriculture, farm dwellings, and vacant lands. The closest residence to <br /> the subject property is located approximately 250 feet to the southeast. The applicants <br /> propose to establish daily quiet hours from 9:00 PM to 8:00 AM and note that a buffer of <br /> thick existing vegetation will help to mitigate effects on neighboring properties. <br /> The Planning Department has received one letter of public testimony opposing the <br /> proposed special permit, stating concerns with zoning code compliance, the proposed <br /> number of guests, limitation of the special permit to the subject property, and site design <br /> considerations. According to Section 25-5-72 (7) of the zoning code, campgrounds are a <br /> permitted use in agricultural zoning, provided that "none of the recreational features are <br /> entirely enclosed in a building." Since the application indicates that existing cabana <br /> structures will accommodate guest campsites, and site inspections have verified that the <br /> structures are not entirely enclosed, the Planning Director feels the proposal meets the <br /> criteria of Section 25-5-72 (7). Conditions of approval will be included to ensure <br /> compliance with Section 25-4-7 (regarding Bed and Breakfast establishments),to limit the <br /> proposed use to a 1-acre permit area on the subject property and to require that the <br /> applicants obtain all necessary building permits, a process that includes site plan review. <br /> Additionally, County records show a complaint was submitted regarding the <br /> subject property, alleging use of unpermitted cabanas as vacation rentals. Following an <br /> investigation, county inspectors issued a warning letter to the applicants, with findings <br /> 4 <br />
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