Minutes - 19830328 - Laserfiche WebLink

Browse Search

4 �. 341 2. 3• 4• Mr. Cannity: "The land was not posted within the prescribed 5• time limits for modification of the Special Use Permit. " 6. Mr. Kizer: "Did the adjoining landowners receive certified 7• copies, notice by certified mail of this public hearing? 8. Mr. Cannity: "Not within the prescribed time limits. " 90 Mr. Kizer then told Commissioner Whitted that there existed 10. sufficient question as to whether or not this public hearing was 110 being held in accordance with procedures as required within the 12. Zoning Ordinance. Mr. Kizer continued: "Is there any new change Y3- or modification that was presented at the public hearing?" Mr. 14- Cannity said, "There is no new information from the developers. It 15- is a request from the developers for the Board of Commissioners to 169 reconsider imposed conditions on the issuance of the Special Use 17• Permit. " 18. Mr. Kizer said this presented two questions: 1) is it a new 190 application or, 2) simply a request for reconsideration of the 209 same application. He added that the intent of the Planning Board 21. in drawing up the Zoning Ordinance was to prevent continual reap- 22. plication of the same request. 23• Mr. Gedffrey Gledhill , County Attorney, told the Board that 24- due to the notices and land posting not being done within the pre 254, scribed time limits as set forth in the Zoning Ordinance it appears 26* that there are "procedural problems" with holding this public hear- 27- ing. With regard to Mr. Kizer's question pertinent to a one year 28* time limit prior to reapplication, Mr. Gledhill said it was his 29• opinion that a Special Use Permit had been .granted, not denied, 30- therefore, the one year time limit did not apply; the applicants 31- are asking for modification of an existing permit. 32• Mr. John Northen, Attorney for the developer, said his letter 33v-. =. asking. that- three- coedit-ions-.on the .Spe.cial:Us-e- Permit be mod 34* ified was to notify the Board that those conditions could not be 359 met and to request that they be modified. He asked the Board to 36• consider those conditions anyway since the developers had, at the 37- request of the Planning Staff provided certain information which i 38• they are prepared to present tonight. 39. 40.