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BOA minutes 101110
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BOA minutes 101110
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BOCC
Date
10/11/2010
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 101110
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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Agendas\2010
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Approved 11/8/2010 <br /> <br />OC Board of Adjustment – 10/11/2010 Page 29 of 35 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />51 <br />52 <br />David Blankfard: I would say yes, close the meeting. <br /> <br />Dawn Brezina: I would say yes. <br /> <br />Mark Micol: I agree. <br /> <br />Tom Brown: Now this is going to be your last opportunity to ask any questions of counsel or staff or Mr. Parker or the <br />appellant before we close the public hearing portion. Ok, the public hearing portion of this case is now closed. We will <br />begin the Board deliberation on case A-3-10 at this time. <br /> <br />Before us is the zoning officer’s determination that modifications have taken place and there are activities that should <br />not be allowed and that is what the list is if you look on page 88, staff has already resolved number 3, number 4, <br />number 6, number 7. They’re allowed to have hayrides, they’re allowed to have fieldtrips, they’re allowed retail sales in <br />the country store where they currently take place. They have the hands on farm labs and social classes all that is good <br />to go and approved. Things that are in question are from staff’s perspective the yoga instruction and classes, which are <br />out of scope in their opinion. The special event fundraisers and the space rental for private events for things like family <br />reunions, wedding receptions, birthdays, holiday parties, etc. Those are the areas of contention. Before we go further in <br />our deliberations first of all I would like to thank staff and the appellant and the citizens for their time and their thoughtful <br />testimony. It is evident that Mapleview has been proactive in forward thinking in devising new approaches to sustain <br />farm activities and farm profitability. While these actions in Mapleview’s positive contribution to the community are <br />noted and appreciated it is also important for Mapleview to adhere to proper procedure for utilization of Special Use <br />Permits within Orange County as specified in Section 8.7 of the Zoning Ordinance. Past cases have shown, past cases <br />of camp retreat centers that we have heard on this Board that the Special Use Permits can generate significant negative <br />feedback from neighbors and activities in rural areas become noisy when substantial increases in traffic are <br />encountered. When users of the camp retreats encroach on nearby properties, when the activities occur late in the <br />evening, or when alcohol use is involved. So all of those issues we have dealt with before and those are the reasons <br />why we have to discuss the uses in particular and whether we have approved those by that Special Use Permit because <br />the impact on the citizens can be substantial. With that said I open to the Board their comments on what you think or <br />your ideas. If we affirm the zoning officer’s decision point blank then those three events: one, two, and five will not be <br />permitted, period. Now, if we modify his decision we could make some modifications in there but we would have to be <br />very specific. <br /> <br />Dawn Brezina: If we make modifications… that was what I had asked before, and I understand that we could not make <br />modifications but we can make modifications? <br /> <br />Mark Micol: I think we can make modifications if we affirm what the zoning official has said, and then say with the <br />exception of…. <br /> <br />Tom Brown: Which means we would determine that activity does not denote a modification per 8.7 so we would need to <br />look at that and say, ok well we looked at yoga classes and we don’t think this meets the 8.7…. <br /> <br />Mark Micol: ….the yoga classes…..talk about that because that’s probably the easiest one. <br /> <br />Dawn Brezina: That’s the easiest place to start. <br /> <br />Mark Micol: In looking on page 68, under where the applicant put other ideas, music in a barn is not agricultural <br />activity. I think that you could almost put yoga in the same classification as music in a barn. Not everything listed under <br />ideas has an agricultural component to it. If we’re talking yoga, could we not say, based on the testimony, that yoga has <br />a very close relationship to what they are trying to do with the retreat? <br /> <br /> <br />
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