BOA agenda 070918 - Laserfiche WebLink

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conclusion that the county would have to pay attorney’s fees. She said the board hasto make decisions on 389 what itthinksis right or wrong and not worry about that. 390 391 Barry Katz said theoretically after LeAnn Brownexamines the information she seeks,one of the primary 392 determinations he thinks he hears from her isthat the Planning Department was in error in making a393 decision because of the lack ofunderstanding of the chain of ownership and whetherthe owner was in a394 position to make a request fora legitimate certificate. 395 396 LeAnn Brown said it is a simple question: who owns the property? Southeast Property Group LLC. Whose397 name is on the certificate? Somebody else. The countydid a pretzel twist to say well, this entity isreally the 398 same as this entity, she said.399 400 Barry Katz said it could have been a misunderstandingto actually grant it. Whatever entityit isthat owns 401 this property did nothave to appear before this boardfor a special use permit, etc., and then was granted 402 the use of this property to put the barn up in error. 403 404 LeAnn Brown said they applied for a special use permit. The boarddenied it. They appealedit and the 405 appeal was not perfected. They built the barn and took the position that the property qualified for the farm 406 exemption. And then the statute changed.407 408 Barry Katz asked whether there was any case law that if an entity applies for a special use permit, it is 409 bound by the results of that application. 410 411 LeAnn Brown said she thinks there is. If the board looks at the errors she has alleged in the case in chief, 412 she will make the argument again that the event business should be stopped.413 414 Barry Katz said over the two or three years this case has been coming before the Board of Adjustment, 415 there has been an evolution in terms of how the entity presents itself. He asked whetherthereisany 416 requirement from the entitytoestablish that they are a legitimateoperating farm that has continuous 417 income while theydo this event business.418 419 LeAnn Brown asked that her answer on that be saved for a hearing on the merits. 420 421 Barry Katz said he had the impression that this would be a very different kind of hearing, so he had that 422 question in mind.423 424 LeAnn Brown said she had asked to keep this hearing brief because she was scheduled for surgery the 425 following morning and Andy Petesch had agreed to askfor this hearing to be bifurcated out of professional 426 courtesy to her and because they both agreed that the decision tonight would be important in determining 427 what happens next. 428 429 MOTION by Barry Katz toclose the public hearing. Seconded by Susan Halkiotis. 430 431 VOTE:UNANIMOUS432 433 Karen Barrows asked Susan Halkiotis for her thoughts. 434 435 Susan Halkitios thanked Randy Herman for hisquestions. She said she is squeamish about being 436 overreaching. She thinks Andy Petesch madegood arguments. However, she comes down ontheside of 437 25