03/03/2009 (2) - Laserfiche WebLink

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Christopher Marine, Chairman of Board of Zoning Adjustment, told the Board that when business owners were not capable of immediate compliance with a code provision, they could experience costly delays in obtaining their approvals. He recognized that County staff did not have the ability to waive the Ordinances, and suggested that the Board of Zoning Adjustment's authority be expanded such that it could temporarily suspend compliance so a project could move forward, if circumstances so warranted. Chairman Davis related an example of a new business owner whose opening had been delayed, with resulting losses, because of an issue with the height of his existing trees. He wanted to give the County Administrator the chance to use common sense in the permitting process, and if the Administrator did not feel comfortable making a determination, the item could come before the Board of Zoning Adjustment. Chairman Davis added that this process would make the County a bit more business friendly, and if repetitive instances kept arising, staff could consider re-evaluating the Ordinance. Vice Chairman Flescher remarked that anything that would expedite the permitting process would be invited. He asked Attorney Collins to elucidate upon the proposed enhanced responsibilities of the Board of Zoning Adjustment. Attorney Collins stated that the expanded duties under discussion would authorize the Board of Zoning Adjustment to allow an applicant to operate in advance of completing their punch list, to give them more time to complete minor things at the end of the Project. He said that it would be important to have some type of leverage, such as turning off the power, for those who fail to ultimately come into compliance. Chairman Davis felt that the proposed expansion of the powers of the Board of Zoning Adjustment would allow common sense to be sprinkled into the Code. March 3, 2009 22