3/3/1998 - Laserfiche WebLink

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Presently, Mr. Rhodes has hived an engineering film (Knight, McGuire & Associates, Inc.) to develop a site plan for The Landscape Stop's relocation site. Knight, McGuire & Associates estimates it will take approximately 190 days to finalize a site plan and obtain building permits for the new business location. Mr. Rhodes' request, as staff understands it, is for the County to allow him to operate at his present A-1 zoning location until he can move his business to a new location, in approximately 6 to 7 months. ANALYSIS Mr. Rhodes and The Landscape Stop are under an order of the Code Enforcement Board to cease retail activities in the A 1 zoning district. A compliance hearing is scheduled for March 23, 1998, at the next regular meeting of the Code Enforcement Board. At that compliance hearing, the Code Board will hear testimony and receive evidence, and will consider whether to grant a further extension of time for compliance. It is county staff's position that the Code Enforcement Board is the appropriate entity to consider Mr. Rhodes' extension request, and that the Board of County Commissioners should defer any consideration of time frames for compliance to that Board. RECOMMENDATION Staff recommends that the Board of County Commissioners defer Mr. Rhodes' request to the County Code Enforcement Board concerning allowance of an extended time frame for compliance with county land development regulations. ATTACHMENTS • Copy of letter dated 02/23/98 from Knight, McGuire & Associates to Mike Rhodes outlining time frame estimates for site plan development and approval. Mike Rhodes requested the Board of County Commissioners to extend the compliance order of the Code Enforcement Board to September 30, 1998 when his occupational permit expires. He advised that he had found a new location for his wholesale/retail operation and, in response to an inquiry from Commissioner Eggert, recounted reasons for the delays. Deputy County Attorney William G. Collins II explained that the Code Enforcement Board is the final authority in code violations and is not bound by directions from the Board of County Commissioners. He thought the Code Enforcement Board would listen to the thoughts of the Board of County Commissioners. As a practical matter, if fines are levied for Code Enforcement violations, the Board of County Commissioners does have the power to release fines. So, the Board of County Commissioners may not be the appropriate body to grant relief now, but could in the future, and could probably indicate to the Code Enforcement Board their thoughts on the matter of an extension which would probably be taken into consideration. March 3, 1998 22 • 0