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66 <br /> DRAFT <br /> 490 <br /> 491 Michael Harvey questioned whether that was the interest of the board members. <br /> 492 <br /> 493 Lydia Wegman stated she would support that. <br /> 494 <br /> 495 Alexander Gregory stated he agreed. <br /> 496 <br /> 497 Michael Harvey asked it there was a motion. <br /> 498 <br /> 499 Adam Beeman stated that he motioned that they be allowed in the commercial districts. <br /> 500 <br /> 501 Michael Harvey gathered clarification on the motion from the group and noted that the board's desire to: <br /> 502 <br /> 503 1) Adjourn till March 20th at 7:00 p.m. meeting in the Planning Conference Room room 204 to have the County <br /> 504 Attorney present and discuss why and potential changes to address the concern of what the term burden of <br /> 505 persuasion means. <br /> 506 <br /> 507 2) To have staff include additional opportunities for retreat centers in commercial districts. <br /> 508 <br /> 509 Lydia Wegman stated she would second. <br /> 510 <br /> 511 Carrie Fletcher asked if that would finalize everything Mr. Harvey needed. Mr. Harvey agreed, but then responded <br /> 512 that it would depend on the board's comfort with the attorney's response. <br /> 513 <br /> 514 Lydia Wegman commented that they trusted Mr. Harvey would express to the attorney their discomfort with the <br /> 515 language as it is. <br /> 516 <br /> 517 Michael Harvey said he understood both the attorney's rationale and the boards'concerns. He stated he felt he had <br /> 518 provided the best explanation he could offer but understands that they would like to have a discussion with the <br /> 519 person recommending the language. <br /> 520 <br /> 521 Lydia Wegman expressed that if the attorney feels persuaded that the language is necessary that he gives some <br /> 522 further thought to expressing it more clearly so that the standard is clearer to applicants, the BOCC, and Board of <br /> 523 Adjustment <br /> 524 <br /> 525 Carrie Fletcher commented that that is the reason we have a citizen board, so citizens are represented, not just <br /> 526 attorneys. <br /> 527 <br /> 528 Alexander Gregory asked if either Mr. Harvey or Mr. Benedict foresaw any issues that could arise with the burden of <br /> 529 proof or if they had heard of any issues arising from the other jurisdictions currently using the language. Mr. Harvey <br /> 530 replied, no, and reassured them that if he couldn't dissuade their concerns he would provide them with an opportunity <br /> 531 to have their concerns addressed. <br /> 532 <br /> 533 Craig Benedict provided an example for the use of burden of persuasion to the board. <br /> 534 <br /> 535 Adam Beeman expressed his disapproval with the language and found it to be unfair. He expressed that the <br /> 536 situation should be binary and not at the whim of person listening to the story, nor should a person have to pay more <br /> 537 money to fight their cause when they may not be financially able to do so. <br /> 538 <br /> 539 Lydia Wegman asked Mr. Harvey if there needed to be a motion and a vote. <br /> 540 <br /> 541 MOTION by Adam Beeman to adjourn this meeting until the attorney can come back and talk to us on March 201h at <br /> 542 7:00 p.m. in this room on the 2nd floor of the Planning Department and to add the wedding retreat status to the <br /> 543 commercial districts. <br /> 544 <br />