HomeMy WebLinkAboutC.054.93009_1060 (2)Commissioner Boone asked how much additional time was being
requested. Reynolds said he wanted at least a year.
Commissioner Stewart asked who had given him the 180 days.
Reynolds said the county (Anthony Baker). County Attorney Bill
Pope said a staff member of his negotiated the amount of time
with Reynolds and his attorney, Bedford Cannon.
Commissioner Boone asked Mr. Pope for an opinion as to what
the Board could do and what the status was of the litigation.
Pope said his concern would be that the Board might be setting a
precedent if it agreed to an extension. He mentioned that
Reynolds had been in violation of the law for some time. He has
actually had about two years from the time it was first called to
his attention to remedy the problem. The County was forced to
take this case to court which incurred court/legal expenses for
the County. An agreement was reached; however, Mr. Reynolds
wanted more time. Now, he (Reynolds) is back for more time.
Pope said the Board could give Mr. Reynolds more time; however,
he was concerned with the precedent that might be set.
Commissioner Johnson asked about a clarification on the
initial time -- was the original requirement to remove the paving
business from the premises or was it to erect a building of some
type. Pope said an agreement was negotiated that Mr. Reynolds
would erect a building on his property within 120 days. If this
was completed, then the County could say he was conducting a
customary home occupation. The law allows a customary home
occupation of having a building of up to 2000 sq. ft. Reynolds
then wanted more time so an extension from 120 to 180 days was
given. Now, more time is being requested to erect the building.
Erecting the building doesn't solve the problem, but it puts
Reynolds in technical compliance.
Commissioner Stewart asked Mr. Reynolds if he had started on
the building. He replied no. He said he would have built a
building two years ago; however, he said he was told, at that
time, that he had to remove all of the equipment from the
premises. Reynolds mentioned that he had been having a problem
with a neighbor who continually "tries to get the County on me."
He said he didn't want to build a building and then be told he
couldn't stay there.
Commissioner Madison said that it looked like the problem
was about to be resolved. He mentioned that six months appeared
to be enough time to build a 2000 sq. ft. building. Madison said
he didn't want to get into a situation of setting precedents
where individuals in violation of the zoning ordinance could go
before the Board and try to negotiate different arrangements.
Mr. Madison said he felt the actions of the County had been fair
and that evidently, Mr. Reynolds felt so too because he had
agreed to the negotiations.
Reynolds said his work was seasonal and again mentioned all
of the money he had spent on court costs. Mr. Madison reminded
him that if he didn't comply with the agreement his court and
legal fees might continue to increase.
Commissioner Johnson mentioned that he had discussed the
problem extensively with the planning office. He mentioned that
one problem the staff has advised about is that if too long of an
extension is granted the system becomes unmanageable. Mr.
Johnson commented that he had talked to several people about
trying to assist Mr. Reynolds, and he said he had told him
(Reynolds) that he couldn't use his friendship to circumvent the
zoning ordinance.
Commissioner Boone asked when the 180 days began. Mr.
Reynolds said his attorney said it didn't start until the judge
signed the document. Pope said that probably the 180 days hadn't
OCT 03 1995