Meeting Information
WEDNESDAY, AUGUST 12, 2015
6:00 p.m.
-Proclamation declaring Douglas County Kansas as a “Welcoming County.” (Catalina Velarde)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Authorize the County Administrator to execute loan documents from previously approved loan for Peaslee Center (Craig Weinaug);
(c) Consider approval of a resolution adopting text amendments to floodplain management regulations (Chad Voigt); and
(d) Consider approval of the following Community Corrections items: FY2015 Budget Adjust Report, FY16 Revised Grant Budget and FY16 Revised Behavioral Health Grant Budget (Deborah WrightREGULAR AGENDA
(2) Public Hearing to receive public comment on the 2016 Budget and consideration of approval of the 2016 Budget (Craig Weinaug)
(3) CUP-15-00229: Consider a Conditional Use Permit for a Value-added Agricultural Business, The Burning Barrel, a specialty meat processing shop, located on approximately 30 acres at 292 N 2100 Rd. Submitted by Brian Strecker, for James Myers, property owner of record. Mary Miller is the Planner.
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Zoning Appeals (1) position – 10/2015
-Joint Economic Development Council (1) position – 10/2015
(c) Public Comment
(d) Miscellaneous
(5) Adjourn
August 12, 2015
Flory called the regular meeting to order at 6:00 p.m. on Wednesday, August 12, 2015 with all members present.
CONSENT AGENDA 08-12-15
Flory moved approval of the following Consent Agenda:
► Authorized the County Administrator to execute loan documents from previously approved loan for Peaslee Center in the amount of $143,294.50;
► Resolution 15-24 adopting text amendments to the Floodplain Management Regulations contained in the Zoning Regulations of Douglas County, Kansas, codified at Chapter 12 of the Douglas County Code; and
► Fy2015 Budget Adjust Report, Cy2-16 Revised Grant Budget and Fy2015 Revised Behavioral Health Grant Budget for Community Corrections.
Motion was seconded by Gaughan and carried 3-0
2016 BUDGET 08-12-15
Flory moved to open a public hearing to receive comment on the 2016 Budget and consideration of the 2016 Budget. Motion was seconded by Thellman and carried 3-0.
No comment was received.
Flory moved to close the public hearing. Motion was seconded by Thellman and carried 3-0.
Flory moved approval of the 2016 budget. Motion was seconded by Gaughan and carried 3-0.
PLANNING/VALUE-ADDED AGRICULTURAL BUSINESS 08-12-15
The Board considered CUP-15-00229, a Conditional Use Permit for a Value-added Agricultural Business, The Burning Barrel, a specialty meat processing shop, located on approximately 30 acres at 292 N 2100 Road. The application was submitted by Brian Strecker, for James Myers, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Miller defined Value Added Agriculture as property zoned “A” for agriculture, woodland in the area. Miller stated the mobile home on the property would be removed and the new facility would be located northwest of where the mobile home currently sat, behind the barn building. There will be no slaughtering onsite. For wholesale, the State of Kansas Department of Agriculture inspects every day. The applicant plans to use as much of the animal as possible. There will be no retails sales on site. The applicant will sell to local restaurants, similar to Hank Charcuterie located at 19th and Massachusetts Street in Lawrence. The plans show using storage containers as their facility which will have to meet commercial zoning codes. There are no plans for windows for security reasons. The CUP allows for four full-time employees and the building structure cannot exceed 10,000 square feet. The Douglas County Code requires the septic system to meet standards. This one failed; therefore the applicant will be required to put in a new system.
Miller reviewed the CUP criteria and feels the use is permitted with a CUP for this area. With conditions, the business will be compatible with the area. The property has been used for agriculture and it has agricultural buildings on site. The business is small scale in use generating low traffic, low noise and low odor while utilizing of locally raised food. The Planning Commission approved the CUP on a 6-2 vote. A valid Protest Petition requires a unanimous vote for approval.
Staff recommends approval of the Cup based upon the following findings of fact:
I. Zoning and uses of the property nearby. The area is in the rural portion of Douglas County and contains agricultural County zoning. The primary uses in the area are rural residential and agriculture. Given the small scale of the proposed facility and the standards applied with this use, the specialty meat processing shop should be compatible with the zoning and uses of nearby properties.
II. Character of the area. This rural area has a mix of agricultural and residential uses and woodland. The proposed Value-added Agricultural Business use and agricultural uses would be compatible with the current land uses and character of the area.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for the uses which are permitted within the A (Agricultural) District. The property is also suitable for the proposed Value-added Agricultural Business use, a specialty meat processing shop.
IV. Length of time subject property has remained vacant as zoned. The property has been used for agricultural and residential uses and has
remained in agricultural use since the adoption of the Zoning Regulations in 1966.
V. Extent to which removal of restrictions will detrimentally affect nearby property. All production activity will occur within a structure and should have no negative impacts to the adjacent properties. If odor is present at the property lines, an Ozone Generator will be installed to reduce the smoke and odor from the cooking process.
VI. Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compare to the hardship imposed upon the individual landowners. In staff’s opinion, the approval of this request will result in a compatible project that will not harm the public health, safety or welfare but will increase availability of locally grown and processed food. Denial of the request would provide no benefit to the public health, safety or welfare.
VII. Conformance with the comprehensive plan. The proposed CUP is compliant with the recommendations in the comprehensive plan as it will maintain the rural/agricultural character of the area and will be a part of the local/regional food system.
and subject to the following conditions:
1. The following standards apply to the use:
a. A maximum of 4 full-time equivalent employees are permitted.
b. Structures are required to comply with commercial building code requirements if used for more than the storage of agricultural commodities.
c. Noise, light, vibration, or odor associated with the production may not be perceptible beyond the site boundary/property lines.
i. If necessary, an Ozone Generator shall be installed on the smoker to manage smoke and odor.
d. The production of the value-added product must comply with EPA water and air quality standards.
e. All equipment used in the production of the value-added product shall be located wholly within a building or structure or be screened from the pubic rights-of-way and adjacent residential buildings.
f. Product shall be stored within a building or structure so that it is not visible from the property lines.
g. Deliveries from commercial vehicles with a GVW (Gross Vehicle Weight) that exceeds 5 tons in capacity are limited to no more than 2 trips (to and from the site) per day.
h. Slaughtering is not permitted on the premises.
i. No retail sales shall occur on the premises.
2. The CUP shall be administratively reviewed every 5 years by the Douglas County Zoning and Codes Department.
3. A new septic system shall be installed prior to the operation of the use, per Health Department approval.
Flory stated as the Board considers this application, he would like to include the condition that the applicant must apply for all licenses and applications required for the State of Kansas.
Brian Strecker, applicant, stated he was surprised by the reaction of some in the community who are opposed to his business. He feels people should have the option to choose a better product instead of supporting damaging factories. He wants to create a direct link to our food source and animals we consume. Strecker said his small business will outline a crucial way to help the economy for all small farm operations to thrive and maintain their livelihood. His business will create products not seen anywhere else in the country. Through individual consultation, restaurants will have the ability to develop products specific to their needs, and local grocery stores to stock new items giving the consumer a diverse, flavored profile and a much superior product.
Thellman asked Strecker to explain the longevity of his septic system. She asked if there will be a grease trap. Strecker explained the entire product gets used up. After simmering the fat and the water, the water itself turns into another product. Nothing goes down the drain but the soapy water used to clean up the cookware. The water consumption would compare to a typical household.
Strecker said some in the area are opposed to his application because they are vegetarian. He respects their choice but many others choose differently. He said he feels a responsibility to the animals he sources and the customers he sells to. Strecker said he will be using animals from small farms that live out full happy lives raised by people that respect them; and this helps the farmers provide for their own families. Small farms and businesses have the ability to maintain tighter control on waste by allowing better people to perform these operations. Strecker discussed his waste process and the cooking of lard. Slow simmering of fat trim, rich with omega 3 nutrients has minimal odor. Lard is made one day a week. Regarding a concern about USDA, a permit is not required unless he sells outside the state.
Strecker said the Commissioners received a letter from Mr. Kobach stating the way the product will be kept in the inedible containers in the refrigerator was not compliant with Kansas Regulations. Strecker explained that Mr.
Kobach was referencing waste disposal plant regulations that would not apply to his business since he does not own a waste disposal plant. Strecker supplied the statutory information for the record along with his business employee identification. He also provided six letters of interest from local restaurants and grocery stores interested in using Strecker‘s product.
Strecker feels his business will not have a negative impact on the scenic byway. His business will be mostly hidden. The CUP allows him to create a value added agricultural product. He also hopes to raise some cattle onsite. The Planning Commission found no negative impact for this business and property value will rise because they will be adding a new septic system and replacing the old structure with a state-of-the-art facility using less energy and water. The property will remain agriculture. He wants to revive farming, doing it on a different level. The business will be producing pet food friendly products following the same guidelines as the FDA adheres to.
Flory stated if the applicant raised hogs or cattle on the property, slaughtered them elsewhere, we wouldn’t be having this conversation. The only reason he needs a CUP is he is not growing crops or animals on his property. Miller responded that is correct, he is bringing in commodities.
Flory opened the item for public comment.
Robin Kofford, 710 N Michigan Circle and Kroger Meats, stated she is not opposed to the applicant’s vision of opening his business but where he has chosen to open it. She said her family business already has competition. She feels her business brings in tax dollars and revenue and Mr. Strecker will not because of the rural location. Kofford says the business is not appropriate for the zoned area and Strecker won’t be giving back to the community financially, and he won’t be residing in the area.
Chris Helmer, Shawnee Mission, Kansas, stated he was there to attest to Brian Strecker’s character. This business is his passion. The CUP process is consistent with the comprehensive plan and the reason for permits is to protect the underlining zoning. If Strecker doesn’t perform according to conditions, there are repercussions. He feels Strecker has gone above and beyond. He asked the Board to consider approval of the CUP.
Todd Kofford, 710 N Michigan Circle, said he has worked in meat packing plants. He is opposed to the CUP. He is concerned about carcass waste, the byproducts waste and cross contamination that could bring on health and environmental risks if the process is not thought through.
Ed Keating, 151 E 900th Road, said he is a professional engineer in Kansas. His concern is with sludge handling and how that might plug up the lateral field and cause overflow onto the neighbor’s property and end up in the Kaw River. Keating said he is concerned there will not be proper cleanup performed and there may be security issues. He is opposed to the CUP.
At 7:25 p.m., the Board recessed until 7:40 p.m.
At 7:40 p.m., the Board returned to regular session.
Kris Kobach, 300 N 2150 Road, stated he owns property near the site though he does not reside there. According to Kobach, Strecker’s proposal details activity that would be illegal. He said Strecker plans to dispose of hog heads by trash service and make dog treats from skeletal remains. By Kansas law that is illegal. Strecker plans to use Darling International out of Garden City for disposal, but Kobach said he is not convinced that is true. Kobach stated he is also concerned about the smell of smoking meat coming across the property line because his children have allergies and the neighbors have a Gluten condition. Kobach raised concerns about infrastructure deficiencies, inadequate sewer, the plant not surrounded by cement, and the applicant not having a sufficient number of fire hydrants. He feels Strecker is not invested in the property because he does not own it yet. Kobach also stated that if the County Commission approved the CUP a lawsuit might be filed.
Flory stated during the recess a member of the audience asked the Board to reemphasis the need for speakers to be brief due to the large amount of people wanting to speak. Flory asked the members of the public to please make their comments brief.
Ronald Schneider, 1979 E 1600 Road, said Mr. Kobach’s concerns are unwarranted because a representative from the Kansas Department of Agriculture will be on site daily. Kobach’s statements are fear tactics and a gross misstatement of Tort Law. The law is for the Board of County Commissioners to decide. What he sees is the “not in my backyard” syndrome. This CUP follows Commissioner Thellman’s avocation for agricultural development and the County’s vision to encourage small business. He is in favor of the CUP.
Richard Wingfield, 61 N 2190 Road, stated he feels this is not a scenic byway and two trucks a week will not be a problem. The tree farm caused more traffic and no one is concerned about that. He feels the township needs the tax money and this business will be a great addition to the area. Wingfield is in favor of the CUP.
Anna Slemmer, 4001 W 13th Street, said she is excited about this business. Strecker has had a successful career and is very capable. He should have a chance to pursue his business. She is in favor of CUP approval.
Frank Janzen, 1338 New Hampshire, asked if the County is prepared to handle a law suit as Kobach has proposed. Flory responded we have a county counsel that would handle that. He said the County makes decisions based upon what the Board feels is right.
Natalya Lowther, 1480 N. 1700 Road, said she supports the applicant. She has worked in a meat processing plant and has an idea what it is like working under inspectors. The system is rigorous. If the applicant is willing to submit to those processes, it will be known quickly if there is a problem. Lowther said she is a potential supplier for this type of business and is glad to have this business in the area. She added when you have a carcass that is USDA inspected and shipped, the entire product is an edible product until disposed.
Thomas and Sherilyn Gibson, 228 N 2100th Road, stated they reside close to the proposed site and are concerned about the proposed business changing the scenic nature of 2100 Road. They want to keep this area rural. They asked the Commissioners if they would want this business in their neighborhood. They are opposed to the CUP.
Travis Russell, 321 S Clifton, Wichita, stated he was worked with Mr. Strecker and feels Strecker will be a good fit to make this business work. What we are talking about here is compromise, which is what a CUP does by looking at things specifically. He said the neighbors need to get to know the applicant.
Brooke Russell, 321 S Clifton, Wichita, said she and her husband own a business in Wichita who want to work with local vendors. They worked with Mr. Strecker at Pachamama’s and he helped them open their restaurant. Strecker would be the person she would hire for meat processing. Russell said meat producing and processing is not a common business for people her age and she feels the community should support young generation farmers. She supports the applicant.
Carey Humble, 3535 Peterson Road, stated he supports the importance of value added ag business. He compared farmers to software. You can build a computer but without software it won’t work. You can make most farming products but they can’t go straight to the table, they need an intermediary process. He supports the CUP.
Paul Bahnmaier, 393 N 1900 Road, expressed concerns about truck traffic on residential roads. He feels approval of this CUP would send a signal to rock and sand truck owners that it is acceptable to travel on Woodson Avenue.
Sheri Hamersky, 2110 E 300 Road, stated she and her daughter have Celiac Disease, and cannot be around gluten. Hamersky is concerned that smoking meat using gluten products could force them out of their home. She said an ozone generator could be installed and without it, the smoke could be detrimental.
Paul Hamersky, 2110 E 300 Road, stated Mr. Strecker has a right to pursue his dreams, but he has to look out for his family. It’s not fair to allow a business to come in that forces out a neighbor. He asked if the CUP follows the land or the applicant. Miller responded the CUP follows the land. A new property owner would continue under the old CUP. However, the Board could make the CUP go with the applicant. Hamersky said if Strecker is using a used smoker it could already be contaminated, and he had concerns about the applicant smoking at night. Flory asked for confirmation that Hamersky’s house is to the north of the proposed site. Hamersky said yes by the tree farm. Flory said your wife used the term 25 yards from the site, but that is just from the property line. Hamersky said that is correct. Flory said your house is actually about a quarter mile from the proposed site. Hamersky said that is correct.
Heather Kobach, 330 N 300th Road, stated she owns a farm at the corner of 300 and 2150 Road. She has experience in environmental engineering. She and two of her children have severe asthma. Kobach is concerned that the outdoor air will be unhealthy due to the smoking meat with carbon waste released into the air causing long-term breathing problems. She is also concerned about run-off hazards.
Linda Kroger, 505 Eisenhower Drive, Lecompton, stated she owns Kroger Country Meats. She is opposed to the Burning Barrel because the applicant will not be selling retail so no sales tax will be collected; the business will use more utilities than other residential neighbors; and she is concerned about cleanup causing a mill levy increase.
Ron Thacker, 582 N 1850 Road, said there is no benefit to him to have a meat processing business in his neighborhood because he can’t take a deer in or other meat to be processed. He feels there is no compelling reason for the applicant to put his business at that location.
Carolyn and Robert Glenn, 296 N 2150 Road, stated she is opposed to the CUP and doesn’t feel the Burning Barrel should be allowed in this location. Robert Glenn said he disagrees with using a shipping container for a building.
Sean Welch, 2154 E 350 Road, said he is concerned 1) the CUP will cause traffic problems, and 2) improper disposal of remains may bring wild animals to the area.
Rhonda Boose, 268 N 2100 Road, said her property abuts the applicant’s property to the west. She is opposed to the CUP. She has concerns about fires left unattended on the property; pollution from the smoke; there are no water meters available and if they get a water meter it may affect their water pressure for daily use, and there wouldn’t be enough pressure to fight a fire.
Sherilyn LaDuke, 297 N 2100 Road, lives close to the proposed site. She feels a meat processing and potential catering business does not fit the rural area. LaDuke is opposed to the CUP.
Jackie Christy, 303 N 2100th Road, said she enjoys smelling clean air. She has concerns about increased traffic and her grandchildren crossing the road to get on the school bus; she supports the Hamerskys’ health concerns and how the business will impact the neighbors.
Dean Christy, 303 N 2100th Road, stated concerns about the increased water usage from Water District No. 3 and its impact.
Elsie Middleton, 401 Halderman, said she has concerns about additional traffic in Lecompton and affecting those who back out of the post office; and what impact hooking to the water supply will affect the neighbors. She is opposed to the CUP.
Larry Hale, 341 N 2100th Road, has concerns about odors attracting coyotes. He is opposed to the CUP.
At 9:12, the Board moved to recess for 10 minutes (until 9:22 p.m.).
The Board returned to regular session at 9:22 p.m.
Mike Boose, 268 N 2100 Road, said he has a problem with the applicant wanting to put a business on the property but not live there. He is willing to support the CUP if the applicant is willing to live onsite.
Jim Driver, 297 N. 2100 Road, stated he agrees with Mr. Kobach that the applicant changes his information. He is opposed to the CUP.
Ron Foxx, Douglas County resident, said he has worked in meat processing and worked around trucks. There will be no odor and there will be no contaminations. The applicant is being crucified for things that are not going to happen. The water used for processing four animals is probably less then what a family of 3-4 uses in a day. Foxx said he is more concerned about Mr. Kobach being concerned about the applicant’s CUP when Kobach himself had permit issues.
Mike Stuart, 2055 E 175 Road, said he lives within a mile of the proposed site. As long as the applicant complies with the CUP he doesn’t have a problem with the business “being in his backyard.” He doesn’t understand what size trucks the neighbors are concerned about. Stuart says he gets a number of FedEx and Swan trucks at his house and they are 5-tons or more. He doesn’t feel the truck traffic generated from this business will be an issue.
Flory moved to close public comment. Motion was seconded by Gaughan and carried 3-0.
Flory asked the applicant to clarify the waste disposal of any byproduct that is unusable. Strecker said it’s a learning process. Darling International works out of Kansas City and will pick up trash on Fridays. He receives hogs on Wednesdays and will cure Wednesdays. Darling will supply inedible plastic grade waste barrels kept under refrigeration and stored inside walk-in coolers which meet waste disposal guidelines. He also talked with Steve’s Meat Market who also uses Darling with the same exact process and guidelines.
Flory asked Strecker if there are safeguards in place for fire hazards. Strecker said he will be onsite during the entire process. To maintain meat temperatures he has to be present. The Kansas Department of Ag inspector will come back to check temperatures and log it. Strecker said he will also obey fire codes and according to Zoning and Codes he only needs one fire extinguisher.
Flory asked if there is a water meter onsite. Strecker responded there is a water meter. A typical home uses 5,000-7,000 gallons of water per month. He expects to use about 2,000 gallons per month.
Flory stated Strecker has voluntarily limited the truck traffic for his business to twice a week, he asked what kind of truck he will be using. Strecker stated the double axel is about the size of a Swan’s truck.
Flory said one concern mentioned was several mentioned potential customers. He asked Strecker if those businesses will make pickups. Strecker said “no” the product will be delivered.
Flory asked staff to add the following condition to the CUP if approved by the Board: The applicant will secure all licenses and conduct all operations incompliance with any relevant statutes or regulations in the State of Kansas.
Strecker addressed the gluten concern by saying gluten is a protein found in wheat. It is not found in wood. He is not burning wheat. There will be no gluten produced at this facility.
Flory asked how many days Strecker will be smoking meat. Strecker said he will smoke twice a week.
Thellman stated she has some concern about the condition limiting odor crossing the property line. If anyone was trying to be super vigilant to enforce the CUP than any odor could be seen as incompliant. Thellman suggested changing the condition to say “noxious odor.” It’s all subjective.
Strecker said smoking is no more intrusive than a fire in your house or fire place. Heat rises the smoke will go up and the wind will carry it away. As far as the ozone generator, ozone is created by water falling, rainstorms and lightening. It’s everywhere in the environment.
Thellman said the question of the CUP carrying with the land or the applicants is something to consider. Miller said with quarries, it requires a review by the Board of County Commission for approval to continue under a new owner. You could add that a new owner would require a review by the Board to make sure the new operator is aware of all the conditions.
Gaughan asked how you measure odor. Miller stated this was passed recently in an amendment to the value added agriculture which says any light, noise or vibration at the property line. Miller said you could use the word “objectionable” odor. If there is a complaint, Zoning and Codes would make the determination if the odor is objectionable. The consensus was to use the term “objectionable” to define if an odor is offensive.
Gaughan stated the most revealing question for this CUP was whether everything being done could be done if hogs were raised on the property. Because the hogs are not raised on the property, the Board is addressing this. Gaughan said the conditions placed on this CUP are focused on addressing the concerns being brought forth: the size of the business, traffic and nature of what goes on in the facility. These conditions made by staff and approved by the Planning Commission are aimed at addressing the concerns discussed at the Lecompton City Council meeting. They go a long way toward making this business work. Gaughan said he supports the CUP.
Thellman said it is hard to accept something that gives the perception of big change. She appreciates the audience for being open, honest and respectful. Thellman said perception of this business being a detriment to the neighborhood has been overblown. An example would be the discussion of the waste management and the amount of difficulty this business would have
managing its waste when the solution is Darling International, a professional company will be hired to dispose of the waste. That was blown off by Mr. Kobach saying this is too tiny of a business to even get Darling’s attention. It is relatively tiny business and said she is not convinced this business will create a litany of woes for everyone in the neighborhood. It’s no secret for Douglas County’s future, for our economy, for sustainability, for our quality of life, for preserving our agricultural heritage, for our environment, for all of the things that we hold dear and want for our children it’s terribly important to respect those who want to work in the food system. It is hard work and not always rewarding. We’ve built a county that promotes the food system, promotes entrepreneurship and local food. We’ve dedicated a good bit of time and resources to that for our community. Thellman said she is convinced this is a good business to support that covers the bases for what we’ve spent a long time saying we want in our county. Lecompton folks should know by now the County wants what is good for you and have invested a bit of resources in programming to help spur new business, help renovate and build up and secure historic buildings in the downtown district, the vitalization of your down town through E-Community, GAP funding and things we are doing to help our rural communities be vital and strong to attract new business. She is supportive of the CUP.
Flory said the decision falls to him because this CUP requires a unanimous vote to pass. After having studied this in detail, knowing this County Commission and the prior County Commission wants to support agriculture by coming up with a value added agriculture concept so people in agriculturally zoned areas could to bring in outside products to improve and add to their production. This Commission has supported agritourism vigorously. This is ag zoning and value added is ag zoning. Flory said he came to the conclusion that if the hogs were raised there, they could be slaughtered offsite and bring them back and do what they want to do without a CUP. This is an application that has evolved. Flory said the important issues to him regarding waste disposal and trucks have been resolved. He did feel it was necessary to drive over to view the property given the disease issue faced by the neighbors to the north, to confirm exactly where they live. He looked at where the plant would be and confirmed where the Hamersky family lives. Based on the applicant’s statement Strecker will not be doing anything that would emit gluten particles or contaminates and the distance is so significant that anything would be attenuated even if he did. The thing that gave him the most concern was resolved in his opinion. Flory said he has to do what he feels if right for the whole community.
Flory moved to approve CUP-15-00229, a Conditional Use Permit for a Value-added Agricultural Business, with the above listed conditions, plus the following added conditions: Condition 1c to say “noxious odor;” a change in ownership would require the County Commission to determine if the CUP would be continued; and that the applicant must apply for all licenses and applications required for the State of Kansas. Flory said he came to this decision after considering the golden factors, reviewed the findings of staff and agrees with them and incorporated them by reference with respect to zoning and uses of the property nearby, the character of the area, the suitability of the property for the uses intended, the length of time the property has remained vacant as zoned, the extent to which removal of restrictions would detrimentally affect nearby property, the relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners, and conformance with the comprehensive plan. Flory said when those factors are looked at objectively and in some detail all favor the approval of this Conditional Use Permit. Motion was seconded by Thellman and carried 3-0.
Flory called a rolled to confirm the unanimous vote:
Thellman, I
Gaughan, I
Flory, I
Flory moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date