2012-05-03 Windward Transcript Circus

Home

reasonable uses within Agricultural and Rural Districts, other than those for which the district is classified. So the property that SPACE is occupying, or whichever entity we’re discussing today, the space that they occupy, the property is zoned Agricultural. So the reason they got a special permit to begin with was to allow them to do something other than agriculture, which is what is supposed to occur on State agricultural land. So now when the Planning Commission grants these special permits, it’s done, they do it, the law requires you to do it under such protective restrictions as may be deemed necessary to permit the desired uses. Now back in September 2001 the Applicant came in for a special permit. I’m sure you’ve all reviewed the transcript from the Planning Commission that granted the permit. It was based on representations made by the Applicant. And I’ll remind you that one of the, this is only one representation made by the Applicant at that time, was that “it is not our intention to hold public performances in this facility.” Now the reason the conditions that are on the special permit are on there to begin with is because it was based on what was represented by the Applicant when they came in for the special permit. So when you come in for a special permit you’re expected to comply with those conditions. The reason we’re here, the only reason we’re here today is because the Applicant has been unwilling to comply with the conditions of the Special Permit No. 1122, even though the Planning Director has given the Applicant numerous opportunities to do so. The Department has bent over backwards to try and help them comply with their permit. The Planning Director even allowed them to continue with their farmers market because she didn't want to see people laid off from work, cause they obviously are hiring people to work as well. But the other thing you have to consider is we’re not here just about the Applicant. This also includes the rights of surrounding neighbors. Okay? Now the reason special con -, the reason conditions are put on special permits to begin with is to protect the surrounding area. Now, so you cannot forget about the rights of the neighbors. And, by the way, there was more than one person complaining. They've received numerous, numerous complaints over the years, and some very recent ones. Now the Planning Director understands the contributions that SPACE makes to the community. She's not trying to discount that. She appreciates that, just like anybody would. But at the same time why should SPACE be permitted to continuously violate the conditions of its permit when everyone else who receives a special permit is required to do the same thing, to comply with the conditions of their special permits? It's not fair to other the special permit holders and it’s certainly not fair to the surrounding neighbors who depend on those conditions being enforced. The Planning Department is charged with enforcing the conditions of the special permits. Quite honestly they've run out of ways to do that, because every time they sent a notice it has been ignored. Even when the Planning Director went out of her way to allow them to continue to use, to do the farmers market, they still continued all their other activities, which is in direct violation of their permit. So the only reason, like I said, we're here today is because what else can the Planning Director do at this point. And she cannot revoke the permit. Only the Planning Commission can revoke the permit because the Planning Commission is the only entity that has the authority to do so. I'd like to also comment about some of the things that were made by the Applicant and his attorney. The Applicant could have avoided, they were talking about the legal fees they have accrued. But the legal fees that they spent for today could have been avoided by simply complying with their permit. And obviously they knew how to do that because they were at the Planning Commission telling the Planning Commission what they were agreeing to do and not do when they got their special permit. 19 EXHIBIT B