Agenda - 06-03-1996 - VIII-J - Laserfiche WebLink

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19 requirements. In regard to extension,Willis noted that extensions are granted by the Board of Commissioners. Gledhill stated that another change he is proposing is that if any condition of the permit is held to be invalid,then,the whole permit is invalid. He continued that there are times when a condition is declared invalid by the courts. Steve Yuhasz, Surveyor,expressed concern if a Special Use Permit for a Planned Development would become null and void when a portion of the development was completed. Gledhill responded that should not be an issue because the time frame for challenging a Special Use Permit is thirty days. Hoecke asked about the time limit for applying for an extension. The response was that an extension must be applied for prior to the expiration date of the current permit. Gledhill responded that this is not actually a change in process, is simply placing it in the permit itself and making it a matter of public record. Gledhill emphasized Article 8.2.1 b)3 which states: The location and character of the use, if developed according to the plan submitted,will be in harmony with the area in which it is to be located. Brooks asked if the fact that a Special Use Permit had been granted makes it easier for another applicant to be granted such a permit in the same area. Gledhill responded that he had not thought this would liberalize securing a Special Use Permit. He added that that may be an issue that should require more thought. He continued that if the only thing stopping the permit was harmony, then nothing would stop it. Price expressed concern regarding harmony and suggested that perhaps it should state in harmony with existing zoning or predominant use of the area. Gledhill responded that the zoning problem is not something that can be addressed with a Special Use Permit process. He noted he would need to consider the term predominant use. He noted that we must be careful that special uses are being addressed,not rezonings. Howie asked about the Comprehensive Plan. Gledhill responded that the Comprehensive Plan would not speak to special uses except in very general terms. He continued that to address the concerns of Price and Howie,another look needs to be taken at where special uses are permitted. What we are talking about here is a fact finding decision,not how influential the neighborhood is. Special Uses are not political decisions,they are quasi-judicial decisions. Hoecke asked if one method of control over pre-existing permits was that they could not expand and Gledhill agreed. Gledhill stated that these issues are complicated ones and depend somewhat on the interest of communities. Willis reminded the Board that the items they were to make a recommendation on were: that the permit will become null and void if any of the conditions are held invalid or void;and that the permit will automatically expire within 12 months of approval if the use has not commenced or if construction has not commenced and proceeded,unless a time extension is approved.