8.13.25 BOA Agenda Packet - Laserfiche WebLink

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8 Draft 1 show sufficient evidence that this shouldn't take place. 2 3 Leon Meyers: Let me just mention what I learned from the staff, I didn't know, and it is that for a modification of a 4 special use permit, the LIDO requires mailed letters to the properties within the notice area 5 between 10 and 25 days before the hearing. The notice for this hearing was mailed in that 6 window. And the difference between that and approval of a new special use permit is that a 7 neighborhood meeting is required. So, if this were a new special use permit, it did not have a 8 special use permit enforced on the same property, then there would have been a notice of 9 neighborhood meeting and a neighborhood meeting that would have occurred 45 days before 10 tonight's hearing. That's kind of the background around the timing for the notice tonight's meeting. 11 And I understand your request to continue the hearing and I'm happy to hear board members 12 opinions about that. 13 14 Nathan Robinson: I think we need to establish if he has standing before a request would be able to be received. Isn't 15 that true? 16 17 Leon Meyers: Well, that would be one of the interpretations, yeah. So, then the question, Mr. Hugelmeyer, is that 18 right? 19 20 Michael Hugelmeyer: Yes, sir. 21 22 Leon Meyers: It is how can you demonstrate that you as a property owner would suffer special damages if this 23 modification to the special use permit were approved. 24 25 Michael Hugelmeyer: So, here is my question, which really pertains more toward the statutes that you discussed, the 26 question that you just posed is a completely separate entity from my expertise, and my asking of a 27 continuation? They're apples and oranges. I can go ahead and tell you what I believe but what 28 you're looking for expertise and I need time to create that evidence with these people here. So, 29 what you're asking me, and the expertise are two different things. 30 31 Leon Meyers: What we would be looking for is competent, material, and substantial evidence that you would 32 suffer special damages in some way if the application were approved. 33 34 Michael Hugelmeyer: So, the disharmonious nature of what we have going on at the end of Holly Creek Lane 35 particularly with public bathrooms. If you're creating a situation where you're going to have permits 36 for sewage and the likes for public bathrooms, you're changing essentially the feel of what this 37 looks like. On a personal note, ever since he put the fence up, no one's been walking on our 38 private road there. I enjoy watching them. All the plantings that he's planted will cover that fence. 39 1 feel like we're really in a great spot and there's been, as everyone has mentioned, there's been 40 no evidence that there was going to be any sort of change whatsoever. And even though it was 41 something we weren't crazy about; it took place, and it was going well. When you introduce 42 commercial style public bathrooms into this situation, it changes the feel of everything. That will 43 create a situation whereby we're essentially working our way towards a park, not a public park, this 44 is a private park. There's no trespassing. It does nothing for our property value. If you create a 45 park and it's public, then perhaps it would even go up, and I know that's some of what was 46 discussed previously. This is a no trespassing owners only situation if there is a public bathroom 47 on it, we're creating a park at the end of our road. And that has a significant effect on the potential 48 of what could take place. 49 50 Leon Meyers: I'm going to ask you to stay with the topic of special damages that you would suffer as a property 8