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Approved 11/14/2011 <br /> <br />OC Board of Adjustment – 6/13/2011 Page 26 of 44 <br /> <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 />53 <br />54 <br />David Rooks: Mr. Chairman, the fact that this is a special use permit means that you have the authority to impose conditions <br />beyond the noise ordinance. The noise ordinance is a minimum standard that applies to everybody, a use of right or special <br />use permit. A special use permit has conditions. You have the power to impose conditions and those conditions can be in <br />excess of the minimum standards of the noise ordinance. <br /> <br />Mike Parker: I don’t disagree, that is true. But I have a feeling that you have been misrepresented here by this group over <br />here as to what types of events we have had. We have had three events with music and at those three events there was only <br />two that had amplified music and they were, as Allison said, they were supposed to play for an hour and half but they kept <br />taking smoke breaks, so they played much less than that. We are talking about a period of three hours over a period of <br />several years and it makes it sound like every weekend there was a band out there with an amplifier going. That is just not <br />represented properly. <br /> <br />David Rooks: Mr. Chairman, our problem is that if a permit is granted as applied for and the Nutters leave town tomorrow and <br />someone else takes over, we could have a wedding every weekend with a band out back. <br /> <br />Tom Brown: I understand and that is what we are trying to get to a resolution on and that is the difficulty here. <br /> <br />Mike Parker: If the Nutters leave town tomorrow it would be because they were put into a box and we do not want that to <br />happen. <br /> <br />David Blankfard: Two non-agricultural events per year seems restrictive. Is there a number beside two per year? <br /> <br />Mike Parker: I don’t know if there is a magic number. We are trying to be of service to the community. The events that we <br />have used the barn for, the largest part, or the ones of service to the community and we intend to do that with not for profit <br />agencies, we intend to stay that way. If you want to restrict the service we do to the community, I guess you have the <br />authority to do that. <br /> <br />Larry Wright: I think we have a problem with the social. What would happen, you already have had a great dane rescue and <br />so what would happen if they had a shelties rescue and whatever rescue, then there is two a year and so I think we need to <br />stop and think about this. <br /> <br />David Blankfard: As the developer said, things change and are constantly changing so I don’t want to personally restrict the <br />use of the Nutters property to maintain what they have got but if things did change, would the homeowners association be <br />stuck. I would say if there are only going to be outdoor events during the warmer times of the year; they are not going to have <br />it in the middle of December when they have no foliage on the trees. <br /> <br />Larry Wright: I am from upstate New York; I would take issue with that. <br /> <br />David Blankfard: I think it is within our purview to limit the number of non-agricultural outdoor events with amplified sounds. <br />There isn’t going to be a number that no one is going to be happy with. Two is too small, unlimited is too much. <br /> <br />Sahana Ayer: Let me attempt to help you out. There are two conditions that you could consider the number of events. For <br />instance, you could say no more than six outdoor events with amplified music and the events we are talking about are outdoor <br />events; they will not impact indoor events or any other educational events; people petting animals, that sort of thing. The <br />second thing is the time when the music is played. You can have conditions like no music before noon or after 9:00 PM <br />Sunday through Thursday or after 10:00 PM Friday through Saturday so those are potential conditions you could consider <br />imposing on the special use permit. Of course, they will at all times have to comply with the noise ordinance. <br /> <br />Tom Brown: Any other comments, ideas or questions? <br /> <br />Sahana Ayer: One additional condition you could consider is to notice the neighbors as to when these events are happening; <br />some kind of schedule. <br /> <br />Tom Brown: Would it be possible to have notification of events to the neighbors?