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FF'_ SEP 211983 BOOK ?Aa N Mr. O'Haire next brought up the fact that the zoning permit expired and was renewed several times. He then made the point that the owner of the property wrote former Community Development Director Bruce King advising him that construction had taken place and the zoning permit was current, when actually it had lapsed, and it was on the basis of these representations that Mr. King wrote a letter approving the continuance of the project. It was Mr. O'Haire's contention that once the zoning permit lapsed after the Comprehensive Plan was adopted, no new one could be approved. He requested that the Board make a determina- tion that once the zoning permit had lapsed after adoption of the Comprehensive Plan, the property was no longer being used properly, and that they accordingly schedule a public hearing to rezone the property as soon as possible. Attorney Brandenburg addressed the various points raised by Attorney O'Haire and pointed out that the Commission specifically placed in the Comprehensive Land Use Plan a statement providing that projects which had previously received site plan approval would be considered to be in conformity with the Plan. He, therefore, did not feel the subject development has a problem in that regard. He further noted that once a site plan is approved, it is good for a term of 12 months, and if a zoning permit runs out during that 12 month period, the developer can simply request another zoning permit. Attorney Brandenburg felt the critical point is that our Code indicates site plan approval is good for 12 months, until extended, or until construction commences. Since the Code does not define start of construction, we, therefore, go to an ordinary understanding of what constitutes start of construction. The Attorney then quoted from a letter sent to the Community Development Department which indicated that engineering, architectural landscaping, ponds, land clearing, footings, 108