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Approved 11/8/2010 <br /> <br />OC Board of Adjustment – 10/11/2010 Page 31 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 /> <br />Mark Micol: ….for a fundraiser its not going to be any different than 50 kids or 75 kids coming for a field trip and it <br />depends on what your definition of fundraiser is. To me, five is the biggest issue with the wedding receptions and the <br />birthday parties, and even the complaints that we heard were around that sort of activity. I think even the folks that <br />spoke against could live with two fundraisers a year, I think that having open ended wedding receptions, and parties, <br />and advertising that to the community is where the complainants had the biggest issue. <br /> <br />Tom Brown: Where we miss this is special events/fundraisers. So, I have a problem with two and five. <br /> <br />David Blankfard: I have a problem with two and five as well. <br /> <br />Tom Brown: One I can go along with but two and five I have a problem. <br /> <br />Larry Wright: So, what would the options be? <br /> <br />Tom Brown: Well, what we would do is we would have a motion to affirm the zoning officer’s determination with the <br />exception of one, yoga instruction classes which we deem does not constitute a modification. If we had that motion, <br />then items two and five would have to, they would have to cease and desist on items two and five until a new Special <br />Use Permit would be submitted to the Board and then we would have a hearing on those particular uses specifically. <br /> <br />James Carter: So if you go that route they can continue with two and five until… <br /> <br />David Blankfard: They can go with one. <br /> <br />Tom Brown: The zoning officer has made a determination so if we affirm that he is stating that I don’t believe these to <br />be in consonance with 8.7.1 therefore, we can say that we think yoga does not fall in that category but the other two <br />would. Which means they cannot have those activities without a modification. <br /> <br />Larry Wright: So affirming Mr. Harvey on staff’s position on two and five and then this would resolve and a reapplication <br />of another Special Use Permit then the applicant must go through the steps that Mr. Harvey outlined, all of those steps. <br /> <br />Tom Brown: A brand new Special Use Permit for those specific uses. <br /> <br />James Carter: He also stated that there was a certain avenue they go to without going through all these steps unless I <br />heard it wrong. <br /> <br />David Blankfard: That’s if you want to do mediation. <br /> <br />Tom Brown: Now we affirm or we reverse that is our only choice, well actually we would be modifying because we <br />affirm the zoning officer’s determination in this scenario we’re talking about with the exception of yoga instruction. <br /> <br />James Carter: So what’s the question for the Board Mr. Chairman? <br /> <br />Tom Brown: At this time, after discussion, unless there are more issues that we need to discuss, we would be <br />entertaining a motion on either affirming or reversing the zoning officer’s determinations for this particular case. <br /> <br />David Blankfard: I think that before we get to that point, I think for number five, the space rental for private events, I <br />would say that the birthday parties that have the educational component is in line with the SUP. <br /> <br />Dawn Brezina: I would agree. <br /> <br />Larry Wright: I would agree with that.