Agenda - 05-20-2014 - 7a - Laserfiche WebLink

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66 Approved 5/7/14 109 110 Paul Guthrie. Has there been any consideration by the county attorney as to whether or not the way you have 111 separated this proposed ordinance that it violates the Equal Protection of Laws under the United States Constitution? 112 113 Michael Harvey. You would have to ask the county attorney but I will tell you and Ashley will confirm it, the county 114 attorney reviewed and signed off on this proposal. 115 116 Paul Guthrie. Even though two activities in two different locations and the sole difference in permitting and non- 117 permitting is the size of the property they exist on. 118 119 Michael Harvey We currently have that same distinction in zoning districts throughout the county and it doesn't 120 violate the equal protection clause. Different zoning districts, different scenarios of the property breed different 121 standards and evaluation That is already a constant within zoning ordinances throughout the county 122 123 Paul Guthrie: Once the ordinance is passed, how will the organization communicate to the general public these new 124 standards? 125 126 Ashley Moncado: We will provide a source on the county website through our division with the new information to 127 contact me directly regarding questions. We will also have a press release to the local newspaper and a possible 128 outreach meeting Based on how home occupations operate on a case-by-case basis it may be more difficult to do 129 one mass meeting because a lot will be a case-by-case basis on how it will affect an individual. If adopted we are 130 proposing a delay in implementation until July 1 to give staff time to get the information out. If it goes to May 8, we 131 are looking at a delay until July 1 for implementation. 132 133 Paul Guthrie. This is a permit fee, has there been consideration whether it could be considered tax? 134 135 Craig Benedict: It is not based on the value of the property It is based on what the cost is to provide a review of the 136 proposal. It is based on personnel and time it is not based on property values. 137 138 Paul Guthrie. So you can document the average cost to review? 139 140 Craig Benedict: Yes.That is how we based it. 141 142 Michael Harvey. I would like to add the elected officials of the county set the fees not the planning staff 143 144 Paul Guthrie. That is irrelevant to the question. 145 146 Michael Harvey. I disagree and I would refute that answer 147 148 Paul Guthrie: As a fee it has to have some basis in fact to stand as a fee So, if they make the judgment, unless 149 you can refute their judgment, then that brings it into jeopardy On the other hand if you are comfortable that you 150 have data to support that fee, that makes it a different thing. I guarantee sooner or later, this will end up in court. It 151 may be later and usually when they end up in court,they are the nastiest kind of case that really isn't what anybody 152 ever thought about before. I am saying you are going to have to manage this and the ducks need to be all in a row 153 Many of us have been through that and I can tell you that you don't want to get into that situation. Then you become 154 the bad guys on the block and that makes it more difficult to do all kinds of everything else here. 155 156 James Lea: On page 149,why is automotive repair services and detailing not considered a home occupation? 157 158 Ashley Moncado That was a discussion we had at the December Planning Board meeting and those are uses that 159 are not permitted because of the nature and intensity of their uses. 160 161 James Lea: I disagree because of the fact that a lot of people in the rural area do automotive repair at their home 162 and this is saying they are not allowed to do this service at their home and it is an occupation. 3