Minutes - 19750106 - Laserfiche WebLink

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441 The County Attorney stated that the Local Wildlife Federation had asked for the inclusion of Orange County under the Statutes when it was presented to the last Legislature. The County Administrator explained that he felt there had to be some willingness on the part of land owners that adjoined the. highway to take action on the matter. Commissioner Walker replied: "How do you interpret hunting from the road?" The County Attorney replied: "Taking or attempting to take game." Chairman Garrett inquired "Is there a second for the motion to be tabled?" No second was received. ~_ Chairman Garrett called for a vote on the motion made by Commissioner Gustaveson. Commissioners Garrett, Gustaveson, Pinney, and Whitted voted aye. Commissioner Walker voted nay. Chairman Garrett referred to Item ~~7 on the Agenda: (Discussion of the procedures used by the Gounty Beard of Adjustments.) Chairman Garrett stated that certain Questions relative to the procedure used by the County Board of Adjustments had been brought to her attention by Jean Anderson, Alternate member of the Board of Adjustments. Mrs. Anderson had requested the Board for a recommendation of opinion of the matter. Question: What shall be done about persons who petition the Board of Adjustments and who are not present to present their appeals to the Board? Reply: The Board of Commissioners is of the opinion that it is not up to the Zoning Officer to present the case of an applicant to the Board of Adjustments. This places the Zoning Officer in an awkward position as he'is a quasi member of the Board of Adjustments. The Board of Gommissionexs feels that the Board of Adjustments should adopt the policy that a person or his representative must be present when a matter is heard before the Board of Adjustments. A discussion ensued concerning the continuation of appeals that were not properly represented. The Board of Gommissioners felt that the Board of Adjustments should adopt its own policy as to what procedure it wishes to follow ~ on the continuation of appeals. Question: What authority does the Board of.Adjustmenta have in enforcing the intent of the zoning lot provision? Reply: The current size of any lot is now 40,000 square feet. The intent of this provision of the Ordinance was to allow an individual to cut-off an acre lot for personal reasons i.e. gift, construction for rental purposes and the like, how- ever, the policy has been adopted that the maximum number of lots should be established at five. The Board of Adjustments has discretionary power to establish the number of lots under the zoning lot provision. It was further agreed by the Board of Commissioners that this provision of the Ordinance was being used for purposes other than those intended, therefore, Mark Burnham was requested to review and study this matter and recommendations will be forthcoming. Statement: Notices that appear in the paper and that are sent to individuals are not descriptive enough. Reply: The Board of Commissioners agreed that the Notices should contain adequate information in order that the property might be properly identified. The Zoning Officer was instructed to include adequate information in all future.Notices. Question: Once authorization is granted is it possible to establish a time limit on the project and/or building permit? Reply: The Board of Adjustments has the authority .to enter into any special conditions that it feels is necessary or appropriate. Question: Should the Hoard of Adjustments meet in Executive Session? Reply: The County Attorney was of the opinion that 'the Board of Adjustments is a quasi judicial body but he was also of the opinion that the Board of Adjust- meets is an administrative body, therefore, when it Bears appeals from a decision of the Zoning Board then these appeals should be heard in Executive Session, how- ever, when it attends to only administrative matters then it should sit in open meeting. PLEASE NOTE, however, the Board of Commissioners wanted to make sure that the opin'~ tTiat was rendered by the County Attorney was covered by the General ~ 5tatutes, therefore, he was requested to research this question. You will be further advised as to what this research reveals.