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LimousinelAmbulance Business on the US #I/OCR Parcel. <br />Earlier this year, a limousinelambulance business opened on the U.S. #1/OCR parcel. Prior to that, <br />Mr. Jordan called county planning staff to determine if the use was allowed in the OCR zoning <br />district. The County Code does not specifically list limousine and/or ambulance services in its Table <br />of Commercial Uses (County Code Section 911.10(4)). In such instances, the community <br />development director is authorized to determine if the use is allowed (ref. County Code Section <br />911.04(2)(b)) basad on the most similar use listed in the Table of Commercial Uses. In this case, the <br />community development director determined that the limousine/ambulance service was allowed, <br />basad on the allowance of a similar use ("general and professional office") in the OCR district. <br />The limousine/ambulance service business is no longer in operation on the subject Jordan property. <br />However, Ms. Cates has filed an appeal of staffs determination allowing the use. The County Code <br />provides that such appeals are heard by the Planning and Zoning Commission. Ms. Gates' appeal is <br />pending; the appeal is scheduled to go before the Planning and Zoning Commission on October 23, <br />1997. Depending on the outcome of the Planning and Zoning Commission appeal, the issue may be <br />further appealed to the Board of County Commissioners. <br />ANALYSIS <br />Dating back to 1991, County staff has been responsive to code compliance issues raised concerning <br />various aspects of the subject Jordan property. This responsiveness is reflected in the numerous <br />correspondences with Mr. Jordan about compliance issues, including the issuance of several Notices <br />of Violation In each instance, staff has responded in a professional, objective manner in an effort to <br />interpret and enforce county land development regulations. <br />The questions raised by Ms. Gates relate to issues that are not "clear-cut," but rather warranted <br />interpretations of county laws and ordinances, which interpretations are the charge of county staff. <br />The County Code has an appeal mechanism when affected parties disagree with staff interpretations, <br />and Ms. Gates is exercising her right to appeal (on the issue of the limousinelambulance business use <br />allowance in the OCR district). <br />By the same token that an affected party has a right to appeal, there are laws that limit the duration <br />of time after a contested action within which an appeal can be filed. The time limit for appeals serves <br />to protect other affected parties (in this case, Mr. Jordan) from unreasonable economic (or other) <br />burdens that could result from an appeal filed months or years after a government action. <br />Stafrs position is that staff acted appropriately concerning each of the issues raised by Ms. Gates and <br />summarized herein. Concerning the pending appeal of staffs determination of the allowance of a <br />limousine/ambulance business in the OCR district, stafrs position is that it is inappropriate for the <br />Board of County Commissioners to hear the matter until the pending appeal before the Planning and <br />Zoning Commission has run its course. <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners affirm staffs interpretation and <br />enforcement of county zoning regulations as they apply to the subject Jordan property, except relating <br />to the limousine/ambulance business use allowance issue which is pending appeal. <br />Connie Gates told of her frustrations concerning the property owned since 1991 by <br />Bill Jordan. She gave a comprehensive narration of the history of the property since then and <br />the code enforcement concerns and frustrations and offered Code Enforcement file <br />photographs in support of her allegations. She requested the Board help resolve the issues <br />she brought to them which appear in her letters of September 16, 1997, as follows: <br />31 <br />SEPTEMBER 23, 1997 <br />