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BOOK iOJ FAGE Gi 7 <br />4. Reasonable Use: The use of the property may continue as it has for many years or be <br />changed in ways that do not increase the degree of nonconformity. Such allowances are <br />reasonable and do not require variances. <br />It is the conclusion of the Board of Adjustments that the variance request is not justified and should <br />be denied. <br />♦ Clarifying the Appeal Process <br />It is the desire of staff and the Board of Adjustments (as expressed at its June 14, 1999 meeting) that <br />an LDR change be made to specifically state that decisions of the Board of Adjustments are appealed <br />directly to the courts. It is the opinion of staff and the Board of Adjustments that the Board's very <br />purpose is to handle technical variance matters on behalf of the county. Thus, an LDR change is <br />needed to "restore" the process that was thought to already be in place, and to spare the Board of <br />County Commissioners any "extra" duties already handled by the Board of Adjustments. <br />Staff recommends that the Board of County Commissioners: <br />1. Deny Home & Patio Inc.'s appeal of the Board of Adjustments decision to deny the <br />variance request, and <br />2. Direct staff to initiate a change to the LDRs to specify that Board of Adjustments <br />decisions are appealed directly to the courts. <br />ATTACHMENTS: <br />1. Letter of Appeal & Variance Application & Legal Description <br />2. Location Map <br />3. Site Graphic <br />4. Correspondence <br />5. Board of Adjustment's Minutes (Approved 6/14/99) <br />6. County Code Excerpts & Attorneys Office Memo <br />Chairman Macht was puzzled why this item appeared under public discussion items <br />and understood it was quasi-judicial, which County Attorney Vitunac confirmed. <br />County Attorney Vitunac then administered the oath to Community Development <br />Director Bob Keating, Planning Director Stan Boling, Attorney Ted Herzog, and his clients <br />(Robert Mooney and Margaret Williams) and asked that they state on the record when they <br />testify that they have been sworn. <br />Planning Director Stan Boling advised he had been sworn. He explained that before <br />them was a general policy issue which deals with whether or not the Board of County <br />Commissioners should hear appeals from the Board of Adjustment decisions and why the <br />issue was before them. On this issue, the recommendation is that staff be directed to make <br />a change to the LDRs so that Board of Adjustment decisions would be final and that appeals <br />JUNE 229 1999 <br />56 <br />0 1* <br />