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PRESENTATION BYATTORNEY 01HAIRE <br />Attorney O'Haire argued that this is a stealth land use decision because it was made <br />without notice to anyone, without an opportunity for anyone to be heard, and without an <br />opportunity for an estoppel. He deemed that a huge part of the problem is that the due diligence <br />that should have been done in connection with the six -figure closing of a non-residential property <br />just did not get done. He reminded the Board of earlier arguments about estoppel and reliance on <br />the letter; he talked about how real estate lawyers operate in these instances; and disclosed that <br />he talked with Attorney Bruce Barkett who said he doesn't know anything about the property, or <br />any use of the property before his client, The Source, purchased the property. <br />Attorney O'Haire viewed talk of estoppel as a meaningless concept, when one has not <br />taken any actions to protect oneself. He voiced that we all know, and it's clear from staff's <br />treatment of the matter, that residential treatment centers are permitted in only one residential <br />category under current zoning (M8-10) the high density category; and they are not permitted in <br />the subject area under the zoning unless they are legitimately grandfathered. He said the facility <br />started out as a summer camp for kids, which is a lot different from a residential treatment <br />facility for recovering alcoholics, and different from the sort of homeless refuge that has been <br />proposed. He believed the use is only permissible if it is appropriately grandfathered, and he <br />suggested to the Board that it is not a compatible use with the homes around it. <br />Attorney O'Haire referenced section 904.08 of the Code, which, he said, is really what <br />this issue and this part of the appeal is all about, and what PZC considered and had based its <br />decision on. He cited a portion of Code Section 904.08(1), "Cessation of a nonconformity for <br />one year" that states, "If, for any reason, a nonconforming use of land, a nonconforming <br />structure or an establishment having a site -related nonconformity ceases operation for a <br />continuous period of one year or more, all nonconformities shall be considered terminated and <br />shall not thereafter be reestablished." <br />April 24, 2008 34 <br />Special Call Meeting (The Source) <br />