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Approved 5/7/14 6 269 Paul Guthrie: As a fee it has to have some basis in fact to stand as a fee. So, if they make the judgment, unless 270 you can refute their judgment, then that brings it into jeopardy. On the other hand if you are comfortable that you 271 have data to support that fee, that makes it a different thing. I guarantee sooner or later, this will end up in court. It 272 may be later and usually when they end up in court, they are the nastiest kind of case that really isn’t what anybody 273 ever thought about before. I am saying you are going to have to manage this and the ducks need to be all in a row. 274 Many of us have been through that and I can tell you that you don’t want to get into that situation. Then you become 275 the bad guys on the block and that makes it more difficult to do all kinds of everything else here. 276 277 James Lea: On page 149, why is automotive repair services and detailing not considered a home occupation? 278 279 Ashley Moncado: That was a discussion we had at the December Planning Board meeting and those are uses that 280 are not permitted because of the nature and intensity of their uses. 281 282 James Lea: I disagree because of the fact that a lot of people in the rural area do automotive repair at their home 283 and this is saying they are not allowed to do this service at their home and it is an occupation. 284 285 Ashley Moncado: Personal use or doing work for the general public, exchanging money? 286 287 James Lea: For a living, exchanging money, and that’s how they make their living. So what this is saying is they can 288 no longer do that? 289 290 Ashley Moncado: Currently it is not permitted through this standard. This was discussed at the November Planning 291 Board meeting but a formal amendment was not presented to staff. It was also discussed at the quarterly public 292 hearing and again at the December Planning Board meeting. At that time the only items identified as the Planning 293 Board wished to see as now being permitted was building, electrical, plumbing mechanical, grading or other 294 construction contracting. The Planning Board did not cite the need to allow the remaining automotive uses to be 295 permitted as home occupation. 296 297 Pete Hallenbeck: Do you see a difference between automotive detailing and the other items in that list? 298 299 James Lea: I do see a difference because you are basically cleaning cars. If you are repairing your car or someone 300 else’s car, you should have the right to do that too. 301 302 Ashley Moncado: We are not restricting people from doing work on their personal car. When it becomes an actual 303 operation having people dropping their car and working on multiple cars that is not permitted. 304 305 James Lea: Even if they have the space? 306 307 Ashley Moncado: You are obviously operating business out of your home. 308 309 Perdita Holtz: They are not permitted as a home occupation; there are other avenues to get approval. 310 311 James Lea: If they have the land to do it. 312 313 Pete Hallenbeck: Your basic comment is when you detail a car, it is not noisy or messy, why is that on the list? 314 315 James Lea: All three of those fall in that category. 316 317 Herman Staats: I think this is an example where the size of your lot does make a difference. If you have a one acre 318 lot in the middle of town, I don’t want a body shop next door to me but if I own 50 acres out in the country and there 319 are other avenues where I could utilize to run that business there then I would like to have the opportunity to do it. I 320 think that is a good example of where the size of the lot does have an impact. 321 322