7.24.24 BOA Agenda Packet - Laserfiche WebLink

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Leon Meyers: We would need, if I remember James's previous advice correctly, we would need to reopen the public 1 hearing at that point. 2 3 Beth Bronson: Okay. So, I need to make a motion that we would extend the public hearing. 4 5 Leon Meyers: Well, we extended the meeting, which includes the public hearing. I think we're okay on time. 6 7 Beth Bronson: Okay. 8 9 Leon Meyers: But then I guess we do need to close the public hearing. 10 11 Beth Bronson: I mean if we have questions, then we have to reopen it or we can just leave it open to ask questions? 12 13 Leon Meyers: We can just continue with the Board discussion while the public hearing is open, that's fine with me. 14 15 Nathan Robinson: I would propose we do that, and then we can have a discussion. That way, we don't have to go 16 through a process of reopening. 17 18 Leon Meyers: Good. Board members, the applicant has agreed to adding a condition, and I think we have that pretty 19 well nailed down, to the four conditions that are listed on page something. 20 21 Nathan Robinson: Where is it? I have 24. 22 23 Leon Meyers: Somebody point me to the page; it lists the four public conditions. 24 25 Nathan Robinson: 145, 144. 26 27 Leon Meyers: 144, yeah. I think we have a reliable way to define the area that will be dedicated as open space. 28 29 Beth Bronson: As the fifth condition, I mean as far as the discussion about if any condition of the special use permit 30 should be held invalid or void, then the special use permit should be void in its entirety and of no effect. I guess the 31 concern that Nathan brought up about it being a breach to the special use permit in the first place would need to be 32 discussed or at least agreed upon for that condition, and I understand that staff has reviewed this and has come up with 33 their, not a recommendation. They have not provided a recommendation, but – 34 35 Nathan Robinson: Say that again. You're saying that you feel that there's a breach to the original SUP that exists 36 right now? 37 38 Beth Bronson: Correct. 39 40 Nathan Robinson: And how would you define that breach? 41 42 Beth Bronson: I would define that breach by the applicant is asking for a change or an amendment to the current special 43 use permit, right? But then in fact, it's already been invalidated by changing the amount of ownership. I would think that 44 this would not be an appropriate place to make a ruling on the open space just given that the way that the property was 45 divided up made the special use permit void. 46 47 Leon Meyers: Is that true? 48 49 Nathan Robinson: You mean from a unitary ownership standpoint? 50 40