5/16/1989 - Laserfiche WebLink

Home Browse Search

restriction on the employees or the number of people are the physical limitations of the plants or whatever it is that is being permitted. Attorney O'Haire noted that the last site plans he was involved with were Walmart and a Publix at the corner of Oslo Road and U.S. #1, and he could guarantee that the number of employees has never come up. That is a huge project at that corner, but the number of employees is not an issue. It is the physical limitations of what is approved that is going to determine the number of employees permitted. Commissioner Scurlock understood that Attorney O'Haire's position is that the number of employees should not appear on the site plan, and that if the number of employees is questioned at some point, it would be a Code Enforcement problem. Attorney O'Haire said that is exactly his position, because that is what it is everywhere else in the County. Mr. Kirrie feels that this is an unreasonable limitation that has been imposed on him for no good reason other than to stymie him. It is not asked of anybody else, and that, quite simply, is Mr. Kirrie's position. Administrator Chandler had a problem with that because without setting a specific limit, it would be difficult for a Code Enforcement officer to determine how many employees are allowed out there. Attorney O'Haire emphasized that at one point in time, Mr. Kirrie was grandfathered, and then he was made legal. So, one of the legal issues is how many employees is he entitled to as a grandfathered use. Another legal issue is the text of Ordinance 87-22 itself where it states "a business conducted by family members". It doesn't resolve the number of employees. Nobody ever is going to go to Piper Aircraft Corporation and say we are going to count your employees. It just is not done. Mr. Kirrie is the only one that ever applied for site plan approval under Ordinance 87-22, and yes, if you go to the text of Ordinance MAY 16 i1J89 19 Roos 76 ['AGE 852