2017-08-17 Leeward Exh A (AMEND SPP 1247)

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And before I conclude my presentation, you should have the background and recommendation from th the Department, as well as a letter sent by Calsmith Ball on August 8. And that does conclude my presentation. I’ll be happy to answer any questions. UNGER: Thank you. Commissioners, any questions? CHURCH: Right, it’s just a general question. Here is a situation where the permit was initially issued in 2004 and was extended to 2010, and then it expired in 2015. So, then they made an application for an amendment and then withdrew it. So, my questions is, and it’s just really kind of an informational one for me, is the permit has expired, and so it’s been expired for two years, yet the operation apparently continues to operate. Are there any consequences that the County normally applies to situation where the permit has expired and yet operation still continue on for years? JACKSON: Well, in this case the applicant has been consistently working towards bringing the permit into compliance and extending the permit life. In 2015 he did apply for the amendment. There were some issues that we ran into because there was an ordinance for his property when he got, when the subdivision was first rezoned that limited the size of the property that could be used for non-agricultural uses. So, that, the Planning Director issued, initiated an ordinance to amend that ordinance to remove the restriction — CHURCH: Okay, and I’m not attacking, I’m just interested. JACKSON: Yeah. CHURCH: Okay, so in other words in every case then is taken on its own merits — JACKSON: Yes. CHURCH: — as to whether or not there are some consequence to it, and if you know that there is an application forthcoming and there is, it’s meritorious, then it’s better to simply move on. JACKSON: Absolutely. UNGER: Just a point of clarification also. If we continue to, you know, go down this road about talking about essentially grandfathering the use in, I would like some more clarification from Planning in regards to when the permit ceases. Because, if you look at your recommendation, at the top of Page 8 it talks about if “the property is transferred or sold to a different owner. This will allow the business to continue to operate and expand until the landowner permanently closes his business,” so that’s one trigger. And then on the conditions on Page 9, it talks about “The life of the permit shall run with the current owner, David McCollough Trust, and shall cease upon sale or transfer of the property to a different owner.” So, it looks like the intent is kind of a grandfather-in, should this applicant continues to run the business. But, but I guess we need to look at, if he leases the business, sells the business and retains ownership of the land or something happens with the Trust where right now you are looking at the owner being the Trust, and trust changes. So, it’s just some details, again, if we are going down this road, and the Commission agrees with maybe this permit will end upon sale or transfer of the business. That’s just a detail we probably need to spend a little bit more time on. 4 EXHIBIT A