BOA minutes 101110 - Laserfiche WebLink

Browse Search

Approved 11/8/2010 OC Board of Adjustment – 10/11/2010 Page 29 of 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 David Blankfard: I would say yes, close the meeting. Dawn Brezina: I would say yes. Mark Micol: I agree. Tom Brown: Now this is going to be your last opportunity to ask any questions of counsel or staff or Mr. Parker or the appellant before we close the public hearing portion. Ok, the public hearing portion of this case is now closed. We will begin the Board deliberation on case A-3-10 at this time. Before us is the zoning officer’s determination that modifications have taken place and there are activities that should not be allowed and that is what the list is if you look on page 88, staff has already resolved number 3, number 4, number 6, number 7. They’re allowed to have hayrides, they’re allowed to have fieldtrips, they’re allowed retail sales in the country store where they currently take place. They have the hands on farm labs and social classes all that is good to go and approved. Things that are in question are from staff’s perspective the yoga instruction and classes, which are out of scope in their opinion. The special event fundraisers and the space rental for private events for things like family reunions, wedding receptions, birthdays, holiday parties, etc. Those are the areas of contention. Before we go further in our deliberations first of all I would like to thank staff and the appellant and the citizens for their time and their thoughtful testimony. It is evident that Mapleview has been proactive in forward thinking in devising new approaches to sustain farm activities and farm profitability. While these actions in Mapleview’s positive contribution to the community are noted and appreciated it is also important for Mapleview to adhere to proper procedure for utilization of Special Use Permits within Orange County as specified in Section 8.7 of the Zoning Ordinance. Past cases have shown, past cases of camp retreat centers that we have heard on this Board that the Special Use Permits can generate significant negative feedback from neighbors and activities in rural areas become noisy when substantial increases in traffic are encountered. When users of the camp retreats encroach on nearby properties, when the activities occur late in the evening, or when alcohol use is involved. So all of those issues we have dealt with before and those are the reasons why we have to discuss the uses in particular and whether we have approved those by that Special Use Permit because the impact on the citizens can be substantial. With that said I open to the Board their comments on what you think or your ideas. If we affirm the zoning officer’s decision point blank then those three events: one, two, and five will not be permitted, period. Now, if we modify his decision we could make some modifications in there but we would have to be very specific. Dawn Brezina: If we make modifications… that was what I had asked before, and I understand that we could not make modifications but we can make modifications? Mark Micol: I think we can make modifications if we affirm what the zoning official has said, and then say with the exception of…. Tom Brown: Which means we would determine that activity does not denote a modification per 8.7 so we would need to look at that and say, ok well we looked at yoga classes and we don’t think this meets the 8.7…. Mark Micol: ….the yoga classes…..talk about that because that’s probably the easiest one. Dawn Brezina: That’s the easiest place to start. Mark Micol: In looking on page 68, under where the applicant put other ideas, music in a barn is not agricultural activity. I think that you could almost put yoga in the same classification as music in a barn. Not everything listed under ideas has an agricultural component to it. If we’re talking yoga, could we not say, based on the testimony, that yoga has a very close relationship to what they are trying to do with the retreat?