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Approved 11/8/2010 OC Board of Adjustment – 10/11/2010 Page 33 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 zoning officer determination with the exception of one, the yoga instruction classes which we deem not to be considered a modification per 8.7.1 and birthday parties with an agricultural component. David Blankfard: Can we do one, two, and five separately. Approve or disapprove. Tom Brown: It is the zoning officer’s determination that we are affirming and then we modify. We can modify that if it is appropriate according to 8.7.1. That’s what we are doing with number one, we’re saying…. David Blankfard: I know but can we handle each one of the separately? James Carter: You can’t. Mark Micol: No, you’d have to do all three of them. Dawn Brezina: Is there any inclination for to say that the officer has erred? We would move forward with the …. Tom Brown: I am not of the notion that would be case. Larry Wright: May I ask a question, I know this is going to drag us back another five or ten minutes in our discussion but I have to ask this. What would happen if they had a fundraiser for Future Farmers of America? And we say that this special event and this fundraiser does not conform, this item two does not conform with the Special Use Permit. I think that we could be challenged on that. I just don’t think when you go through two and four in a real cavalier way. I shouldn’t use the word cavalier, I’m sorry. I think we really need to think about two and five. Tom Brown: Well, your uses have to be iterated. They have to be approved. These uses were not approved. David Blankfard: Any thing that we approve, I mean at the dog kennel we approved last month, couldn’t they have a fundraiser? It doesn’t say we didn’t approve that they couldn’t have a fundraiser. Tom Brown: If it’s not in the Special Use Permit, spelled out, they can’t have concerts, they can’t have other things that are not spelled out in, that needs to be part of the discussion for the Special Use Permit. Otherwise, there’s going off and they’re expanding the use without out control and without debate without citizen input. Mark Micol: I just look at the fundraisers and big wedding receptions. I think someone made the point that a resident could have a fundraiser, I could have a fundraiser at my home, I don’t need any particular permit for that but a wedding reception to me is ….. Tom Brown: You have a lack of debate and control over that particular item. We have no idea of facilities available, parking available, that has not been studied and has not been decided by staff. Mark Micol: It has to a point because we are allowing busses of school children to go out there. We know that there are kids using facilities currently so we could just say limit the fundraiser to 50 people. Tom Brown: I think that is a modification. If there is a consensus, and I’ll remind everyone that it takes four out of five votes to either modify or reverse the Zoning Officer. If there are only 2 or 3 votes the Zoning Officer’s decision stands and his determination is approved entirely. The Zoning Officer rules if we don’t have four out of five, that’s the way it works. It behooves us to have a consensus or it is going to revert to the worst-case scenario. I don’t mean worst-case scenario, it reverts to the zoning officer determination. Larry Wright: So then if it reverts to the worst case scenario, then the applicant can come back and mediate, right? Dawn Brezina: No, they can still come back with a Special Use Permit.