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13 <br /> 1 Voted 7-1 recommending approval of amendments eliminating language, as <br /> 2 recommended by the County Attorney, establishing a `burden of persuasion' for those <br /> 3 applying for a variance, interpretation, or special use permit. <br /> 4 <br /> 5 Planning Director Recommendation <br /> 6 Approval of Statement of Consistency (Attachment 6) and UDO amendment <br /> 7 (Attachment 7); <br /> 8 Keep `burden of persuasion' language as recommended by the County Attorney; <br /> 9 Director believes language is necessary to ensure the legal sufficiency of the UDO, as <br /> 10 indicated by the County Attorney, by spelling out an applicant's obligations when <br /> 11 applying for a variance, interpretation, and special use permit. <br /> 12 <br /> 13 Manager Recommendation <br /> 14 The Manager recommends the Board: <br /> 15 1. Receive the proposed amendments; <br /> 16 2. Conduct the public hearing; <br /> 17 3. Close the public hearing; <br /> 18 4. Approve the Statement of Consistency (Attachment 6); <br /> 19 5. Adopt the Ordinance as recommended by the Planning Director (Attachment 7) keeping <br /> 20 language establishing the `burden of persuasion' consistent with the recommendation of <br /> 21 the County Attorney. <br /> 22 <br /> 23 Commissioner Price referred to the prohibition of pawnshops and payday loans, and <br /> 24 said she is not in support of them, and they are non-existent now; but some folks need these <br /> 25 services, and asked if the BOCC has the legal authority to prohibit them. <br /> 26 Michael Harvey said yes the BOCC can say these businesses are not permitted in the <br /> 27 County's jurisdiction, and reminded the Board that this prohibition comes from meetings that <br /> 28 occurred in 2017, and it was maintained. He said he and Commissioner Marcoplos have had <br /> 29 long conversations on this topic. <br /> 30 Commissioner Price said one of the pawnshops has been very supportive of the <br /> 31 schools, and she is concerned about residents that need pawnshops to survive. <br /> 32 Commissioner Marcoplos said the Board should figure out a way to allow pawnshops, as <br /> 33 they can work if regulated properly. He said this may work best in town. <br /> 34 Commissioner Dorosin said if these businesses are located in the towns, the towns <br /> 35 would regulate them not the County. <br /> 36 Commissioner Dorosin asked if there are any businesses that would be forced to close <br /> 37 by this provision. <br /> 38 Michael Harvey said no. <br /> 39 Commissioner Marcoplos said the Board should find a way to allow businesses that <br /> 40 provide products or services that the County uses, like asphalt plants. <br /> 41 Michael Harvey said the proposal does not allow asphalt plants. <br /> 42 Commissioner Marcoplos said but the County uses asphalt, and this strikes him as <br /> 43 hypocritical; and the same goes for meat processing facilities. He said the County needs to <br /> 44 find a way to accommodate these services while regulating the bad effects. <br /> 45 Commissioner Greene said she agreed with the butcheries. She said she recalled <br /> 46 discussing this with Michael Harvey, but could not recall his response. <br /> 47 Michael Harvey said under the agricultural uses land use category, on page 118, it <br /> 48 refers to agricultural processing facility allowances, and farmers are allowed to process their <br /> 49 own meat. <br />