HomeMy WebLinkAboutC.054.93010_0208Edith Byers (Farlie and Faye Hager's daughter), said she was a licensed contractor. She said
her father owned the property being represented by Attorney Crosswhite. Ms. Byers said the septic
tank permits had been acquired before the zoning "went up." Byers said that at least $30,000 had
been invested.
James Franklin, said he owned a small tract of land (14 acres), and he was opposed to the
rezoning. He said he had no desire to develop his property into anything other than a retirement
home for himself.
Fortner asked Mr. Franklin if he was cultivating his land.
Franklin said a friend was farming the land. He asked about the R-20 zoning, specifically,
he asked if he could build a barn.
Attorney Pope said genuine farming activities were permitted.
Franklin asked the tax implications if the property changed from RA to R-20.
Fortner said she understood the tax value wouldn't change, if he applied for farm use.
Hobbs said he had checked previously with the county assessor, and found out the valuation
by zoning district remained the same.
No one else spoke, and Chairman Tice adjourned the public hearing.
Commissioner Bowles said his thoughts on rezonings came down to a fundamental decision
on whether a property owner's zoning should be changed if they didn't want it to happen. He said
that if there were hundred property owners in favor, and one in opposition, that he would have to
support that one person.
Commissioner Fortner asked Mr. Hobbs for more information about whether or not Mr.
Hager's property would be "grandfathered."
Hobbs said that in the past, situations similar to this one had been "grandfathered" upon
pulling the permits. He said septic permits could be pulled before the plats were recorded. (This
was done to insure the land would perk.) He said that, traditionally, building permits were used as
a cut-off time.
.Attorney Pope said there were two theories. One involved the method referred to by Mr.
Hobbs. He said another concept was called vested rights. Pope said this process was very fact -
driven, and it was difficult to render an opinion without having all of the facts. He said it sounded
to him that the Hager family would have vested rights.
Commissioner Johnson asked if vested rights could be substantiated by road improvenments
and septic tank permits.
Pope said yes. He said that what the courts had generally required was some detrimental
reliance on the existing zoning by the expenditure of a substantial sum. Pope said the determination
on what was substantial was fact driven, e.g., $10,000 on a large piece of' property might not be
substantial, but on a smaller piece of property it could be deemed substantial.
Johnson asked if the county would be violating vested rights if a decision were made to
alltsx someone to build a house, but to disallow that person to place a manufactured home on the
site
Pope said a matnx did not exist for a decision. He said the decision was really ajudgment
gall, hwkc%cr, he suspected the Hager family would be vested. (Pope said he was making his
determination just on what he had heard. tie mentioned there might be other facts that not been
expressed.)