BOA minutes 101016 - Laserfiche WebLink

Browse Search

Approved 12/12/16 OC Board of Adjustment – 10/10/16 Page 99 of 113 Michael Harvey: I’m sorry I didn’t hear the last part? 1 2 Karen Barrows: Questioning actions of the staff. 3 4 Michael Harvey: With respect to? 5 6 Karen Barrows: Is there a process within the department to deal with this? 7 8 Michael Harvey: Well, to be blunt, the decision was made in consultation with other staff and the Attorney’s 9 office in this particular instance we determined we had no zoning review authority over the project as 10 submitted. 11 12 Karen Barrows: I guess what I’m asking is there nothing internally? 13 14 Michael Harvey: This was discussed amongst the staff. That discussion included the County Attorney’s 15 Office and our reaction to this permit is articulated in the email. 16 17 Karen Barrows: Are there questions from the Board members? 18 19 Barry Katz: I have a question for you, sir. From the November 9th 2015 Minutes, was there a designation 20 that that property was a farm at that point or were the applications done subsequently? 21 22 Michael Harvey: There was a farm number that existed on the property. As I testified at that November 23 hearing, and it’s detailed in our abstract, we still made the determination and informed Ms. Brewer she had 24 to go through this process because we didn’t see any ag activity on the property. 25 26 Barry Katz: Right. Ok. And the barn. Where’s the barn? Where does it come from? 27 28 Kara Brewer: It was an old barn built in the 1860’s from upstate New York. 29 30 Barry Katz: That you’re transferring down here? 31 32 Kara Brewer: Correct. 33 34 Karen Barrows: Any other questions from staff for lawyers? 35 36 Matt Hughes: So when you had said that you had determined you had no zoning authority. Did that mean 37 looking into the application and comparing it to the SUP that Ms. Brown has articulated that, in her opinion, 38 the two applications are fairly identical? 39 40 Michael Harvey: The only way I’m going to answer that question is looking at the (inaudible) of what was 41 submitted in March and consultation with staff members, that also included the Attorney’s Office. The 42 decision we made is articulated in the email. 43 44 Karen Barrows: Anything else? If there is nothing we can close the public hearing and deliberate. 45 46 Barry Katz: May I ask our attorney, the issue of Estoppel. It’s still somewhat confusing. Do we have 47 standing to even consider that? If we are the representatives of the County Commissioners then I suppose 48 we do. 49