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VAYle1989 <br />BooK 76 FG[853 <br />87-22, one of the conditions of site plan approval for expanding <br />a home occupation use in Rose -4 is that the business is to be <br />conducted by family members. It is Mr. Kirrie's contention that <br />language was put their intentionally because "conducted" was <br />intended to mean "managed". <br />Neither Chairman Wheeler or Commissioner Scurlock felt that <br />was the intent at all. <br />Attorney Vitunac emphasized that the analogies to Walmart <br />and Piper are not applicable here as this is a unique type of <br />ordinance. Mr. Kirrie is probably the only one in the world to <br />come under this particular zoning and try to get grandfathered. <br />We don't ask for the number of employees for Walmart for a good <br />reason -- they have the proper zoning. Mr. Kirrie is a <br />disfavored use, a grandfathered use. We don't want it; we never <br />should have had it; and we let him in because when we passed the <br />ordinance he made an effort to comply with it at one time. It is <br />our opinion that he never did comply with it properly, but the <br />Board has bent over backwards to let him try to comply with it. <br />One of the issues with which he must comply is that it has to be <br />his own family members. "Business conducted by family members" <br />is clear on its face. It doesn't mean that each one can hire 100 <br />sub -workers, who would be legal too. We have been consistent <br />that it had to be family members only, and because of that, it is <br />not like Piper, K -Mart or Walnut. <br />We need to know how many <br />family members he had there at one time. It is different. It is <br />unique. Attorney O'Haire has agreed that it is unique, and if <br />Mr. Kirrie wants a building permit without stating the number of <br />employees, he will be constructing a building for which the <br />County will be out there the following week citing him to stop <br />it. We are trying to save him right now by getting the issue <br />resolved before he spends another $1 -million in putting up a <br />building. <br />Commissioner Eggert pointed out that we didn't confine him <br />to family members, we grandfathered in the number of non -family <br />20 <br />