City Council Packet - Cornelius

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Commissioner Ferrie Jr.: One more question while we’re on this. During these events that were being held periodically through out the months, I understand that you’re saying they used—well, what did they do for electricity to have people in these—in this barn or whatever it is? And how did people see in there? Mr. Snee: Having been in the structure for the first time yesterday myself, I can tell that in the daytime there is no need for electricity. There’s sufficient adequate natural light that enters into those buildings that there is no need for electricity. Commissioner Ferrie Jr.: Throughout the year, whether it’s winter, summer, or… Mr. Snee: I can’t speak for the wintertime, but during the daytime, at least, during normal daytime hours I know that there should be sufficient light. Commissioner Ferrie Jr.: Okay. Thank you. Commissioner Starrett: I think—I’m just going to follow up on that. We have testimony that indicated that there were nighttime events. What did they do during those nighttime events? How did they provide lighting? Mr. Snee: I don’t recall who testified as to that and… Commissioner Starrett: Some of the homeowners indicated there were nighttime events with lights and… Commmissioner: [29:38] Music. Mr. Snee: I think that might refer to events that have occurred since the current Applicant’s been there. I’m not positive of that. Commissioner Starrett: Thank you. Chad Jacobs, City Attorney: Madam Vice Chair and members of the Commission, if I could just entertain one thing before Mr. Snee leaves in case he wants to respond to this. I understand that the case law that he cited and we previously reviewed the case law, and there’s a big difference between the case law that he citing and what’s before you tonight. The case law that he’s citing to is an interpretation of a state law, which applies to counties; those are all county cases. The issue before you tonight, I guess you can break it down into three separate issues now that this one’s been raised. In the last one, we had two separate issues. The first issue is that you guys are charged with interpreting your Community Development Code, so the statutes before you are 18.135.030 and 18.135.040, which permit nonconforming uses. So the first question for you, the threshold question is what do those sections permit when they permit a nonconforming use? Does it have to be the same use that existed at the time that the property was annexed into the city and became subject to the Code, or would it permit something less, as Mr. Snee is suggesting. So, that’s sort of the threshold question; the fact that the Court of Appeals has interpreted state law which applies to county is a different matter; really has no bearing on you. And you know, it could be persuasive to you, but it’s not binding on you as a Commission. You have the authority to interpret your own Community Development Code as you think the Code should be interpreted. And Staff has set forth in their Extended Report today, the reason why they think it should be limited to commercial uses, and that’s why they think the Code should be interpreted that way. So that’s the threshold question before you, is how should the Code be interpreted. Once you decide that, then you can determine what was the use at the time it was annexed and then, R:\Board and Commissions\Planning Commission\CPC July 3 2012 Verbatim Minutes.doc
you know, did—was the use continued and last for a period for more than a year, so that’d be a third question. So again, the threshold question for you, is how you interpret your own Code. And although, you know, certainly the case law cited by Mr. Snee could be persuasive to you, it’s not binding on you. Mr. Snee: Just one follow-up comment. I agree. The statute in question, the Hegman [32:00] vs. Clackamas County case is a state statute applicable to counties. However, the provision was interpreting the definition of a use under the state statute, which the language within that definition of use is virtually identical to your definition of use under your City Code. So the logic and reasoning behind the state—the interpretation of the state statute certainly is persuasive, and it ought to be controlling into your decision as to whether or not it is necessary that a commercial use be maintained through your City Code. Vice President Sheckla-Cox: Okay. Thank you. Ivan Orozco: May I add some to some of the questions that you guys were asking? Vice President Sheckla-Cox: Yes, at this time we’re going to since there’s— Unknown: [32:46] He can talk. Vice President Sheckla-Cox: Oh, okay. Okay. Thanks for clarifying. Yes, please come forward. And just state your name on the… Mr. Orozco: Ivan Orozco, and I’m the Appellant. On the water issue, we bring our own potable water since the City—we had the water already, the potable water City water. And they denied it to us, and they shut off the services even though we were paying them. And up ‘til now I was still paying for the services, which is a—drains from. [33:16] If we don’t have potable or City water, it’s because they decided not to give it to us any more, but we had it at once. Vice Chair Sheckla-Cox: Just to clarify, from what I read, my understanding is that they shut it off because payments weren’t made. Mr. Orozco: It was one payment behind, and then I got caught up to it again, and they denied to turn it back on again. Vice Chair Sheckla-Cox: So—and you just asked one more time? You didn’t keep asking to turn on the water? Mr. Orozco: Yes, I did. I came to the City here. And then they said, “For some reason we can’t turn it on.” I had talked to somebody, so I’m assuming they were talking back and forth between here and the City over on Kodiak Circle. Vice Chair Sheckla-Cox: Okay. Mr. Orozco: I paid—I paid all my dues. I paid everything. I got behind, like you said. And then I paid everything, and I wanted to be reconnected. And they denied it. And then I talked to the gal in the front desk where Richard works; and I talked to him, and they gave me—they told me that the only reason they can—the only way they can provide me the services again is to fill out that application that they gave me where I had to get a licensed plumber to come in and put in a double check valve, which I followed through with that. Then I came back, and I turned it in Dick’s hands, and then he said, “No, R:\Board and Commissions\Planning Commission\CPC July 3 2012 Verbatim Minutes.doc
Page 1 and 2: CITY OF CORNELIUS CORNELIUS CITY CO
Page 3 and 4: AGENDA REPORT September 17, 2012 To
Page 5 and 6: AGENDA REPORT September 17, 2012 To
Page 7 and 8: City of Cornelius Agenda Report To:
Page 9 and 10: C. PUBLIC HEARING 1. APPEAL: Appeal
Page 11 and 12: the city, it was brought in by Royl
Page 13 and 14: Zone and is prohibited by City Code
Page 15 and 16: Vice Chair Sheckla-Cox: Oh, okay. M
Page 17 and 18: chance to practice because we can't
Page 19 and 20: Mr. Stone: Not unlike the three peo
Page 21 and 22: so—but I think during that time t
Page 23 and 24: money that we received off of this
Page 25 and 26: espect, if you go back and look at
Page 27 and 28: The City is referring to a section
Page 29 and 30: Mr. Semm: Approximately 15 years ag
Page 31 and 32: flies, the loud music. When it goes
Page 33 and 34: usiness license for a horse stable
Page 35 and 36: Vice Chair Sheckla-Cox: I think we'
Page 37 and 38: Vice Chair Sheckla-Cox: So the next
Page 39 and 40: [Off microphone comments] Vice Chai
Page 41 and 42: Ms. Heuer: This whole thing here, y
Page 43 and 44: CITY OF CORNELIUS PLANNING COMMISSI
Page 45 and 46: issued a Metro business license to
Page 47 and 48: there was no equestrian use of the
Page 49: Vice Chair Sheckla-Cox: I’m just
Page 53 and 54: Mr. Orozco: Correct. Commissioner B
Page 55 and 56: don’t know what the word would be
Page 57 and 58: as my involvement. And mostly it wa
Page 59 and 60: Mr. Reynolds: Well, the best I can
Page 61 and 62: Commissioner Starrett [1:09:02]: I
Page 63 and 64: Commissioner Ferrie Jr. [1:15:16]:
Page 65: D. NEW BUSINESS - None Vice Preside

City Council Packet - Cornelius

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