Agenda - 02-15-2011 - 6a - Laserfiche WebLink

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Approved 2/2/11 243 244 Tommy McNeill: The point I would make is now that you would have someone on the staff for those who may not be literate to 245 walk through this process, we provide that kind of service to help them understand the complexity. 246 247 Craig Benedict: Yes. We have tried to make this as user friendly as possible but this is not what we will give our customers. We 248 do have to take them through the process with Michael Harvey's department. He is working on a brochure to narrow down the 249 places to look in the document. 250 251 Tommy McNeill: The reason I ask that is that I don't think we are looking for anything that would impede growth, I think we are 252 trying to move forward an area that is simplistic. Someone walks in and gets assistance to open a small business and follow the 253 guidelines and work with Michael Harvey's office and get assistance with the ordinance to make sure it is in compliance. 254 255 Judith Wegner: It is pretty complicated? 256 257 Tommy McNeill: Listening to it, yes. We speak with very simplistic terms but if you look at the county, there are a lot of 258 individuals in the County that may not be as smart as Craig and they may need assistance in getting through this process and we 259 want to ensure the playing field is level. 260 261 May Becker. I have a question about what happens if the Special Use Permit is granted and the property is sold and such, is the 262 use still designated as special use? 263 264 Craig Benedict: Yes, in the case of a Special Use Permit, that special use permit does not mean they are rezoning the property, 265 it is using their base zoning. It is either approved or denied. If it is denied, they can't have it in that area or they schedule 266 another meeting of the Board of Adjustment to try to change the application to meet the standard. There are some very specific 267 standards within special use permits and there are general standards. They are not as specific and that means the project meets 268 the health, safety and welfare of the general neighborhood or it may enhance the property value. There is a generality there. 269 You can't be over subjective but there are a few general standards that are a part of that process but if they are meeting the 270 specific standards then you also answer the general standards. 271 272 Michael Harvey: One more important thing to remember is that once it is issued the applicant by ordinance and by conditions 273 imposed by the approving body, a permit has to be recorded at the Register of Deeds office. This approval runs with the land so 274 if I get approval to operate a child care facility that means it is a legal use of that property. I can sell it to someone else but it will 275 be a daycare facility. If it is used for something else there may be a need to come back before the Board to seek re approval of 276 that use. 277 278 Craig Benedict: Could you start out with a bed and breakfast and tum it into a country inn. You can see there is a description of 279 the bed and breakfast there are a certain number of beds but if they increase it in size, that is not allowed. There is a limitation 280 and they would need to come back for a Class A Permit. 281 282 Judith Wegner: The general concept is that the more substantial possible impact, it ramps up to the elected board rather than to 283 an appointed board. 284 285 Tommy McNeill: What type of enforcement do you have? 286 287 Craig Benedict: We monitor that closely. We know where all the special use permits are and we monitor on at least an annual 288 basis. This is more limited to a certain area. 289 290 Larry Wright: We have had cases before the Board of Adjustment where we would have really liked to have granted something 291 to an applicant but we are not the Board of Commissioners so we must go by the ordinances. 292 293 Tommy McNeill: When it is a close call, what is the process for the applicant? 294 295 Larry Wright: We vote on it, has the case been made by the applicant and those who oppose the application, and then we must 296 weigh those. Since I have been on the Board, you don't really get a strong opposition on some of these. 297 298 Judith Wegner. Kennels have been a real issue for people because the way kennels are defined, there is not an intermediate 299 modest kennel. Is everyone comfortable with this? You can get a general district that you can do a whole range of things or you 300 have an existing district and then come in for a permit for a particular use. 301 302 Craig Benedict: I will go over a few different avenues for different options. The ones across the top are general use districts that 303 have a list of permitted uses, a list of SUP's in there, the special processes. If someone wants to open a dance studio in AR, it is 5 9