Agenda - 05-08-2014 - 7c - Laserfiche WebLink

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65 DRAFT 55 56 James Lea: No comment. 57 58 Andrea Rohrbacher: I don't know how this will be enforced if someone were new to the area and decided they want 59 to start a home business, I think they would go ahead and set up an office and start doing what they do through the 60 home with a small office space and I don't think that would have an impact as we try to address this ordinance but it 61 seems we have put a lot of work into this and there are a lot of regulations that have been thought but will it 62 accomplish what we want it to do with respect to being able to avoid the folks that were not aware and found out they 63 were in violation. 64 65 Pete Hallenbeck: So, some of your concern is for someone who had a smaller operation, one office with just 66 themselves, would they get into a situation where they were in violation and were not aware of it and how would that 67 enforcement occur and what would happen to them. Ashley, if you have one person with no employees it wouldn't 68 be... 69 70 Ashley Moncado: It would most likely be waived, and you would not have to go through the permitting process. 71 72 Pete Hallenbeck: It would not be until you had employees showing up for work that things would kick in. 73 74 Ashley Moncado: Visitors, signage, and then these standards would be in effect. 75 76 Andrea Rohrbacher: What if you had no employees and offered craft classes and had twelve cars in front. 77 78 Ashley Moncado: Then you would have to go through this process. 79 80 Andrea Rohrbacher: How would that person know that? 81 82 Ashley Moncado: Unfortunately, we would have a difficult time reaching them. We are going to provide outreach 83 and have education to let residences know of these changes. But in the situation you described we wouldn't know 84 unless a complaint was received or they contacted our office. 85 86 Pete Hallenbeck: Someone involved in a home business and unaware they were in violation, it will be complaint 87 driven before someone finds out. At that point, the planning staff doesn't show up to put that person in jail but inform 88 them of the process. The goal in the planning office is that if someone complained, the person applied for the permit 89 and things would be great. The only problem would be if someone found out they were in violation and would not 90 apply for the permit then it goes to another level. 91 92 Ashley Moncado: There is no fine. 93 94 Michael Harvey: The typical proceeding is educational first; we work together to correct it. If you choose not to 95 comply, then we would do an enforcement action which states you comply or else, as with any violation with the 96 code, It is incumbent upon the property owner to do their due diligence and determine what regulations, if any, are 97 applicable for anything they are proposing to do. 98 99 Tony Blake: It seems the 'structure built with suitable residential construction materials to resemble' is subjective and 100 could use a statement that says 'compliments' or'the same as adjacent or neighborhood construction'. I think one of 101 the reasons for this is to get people who have home base businesses to come into compliance and possibly pay 102 taxes and be part of the structure than flying under the wire. I am curious as to if there is a non - conforming existing 103 use where someone has been there for a while and now with this ordinance, can you make them? 104 105 Michael Harvey: As we have stipulated during the public hearing, we do have non - conforming regulations in the 106 UDO that specify that a use that was legal at the time it was created made illegal by amendment to the code is 107 allowed to continue, there are limits. This regulation liberalizes several existing situations that make establishing a