HomeMy WebLinkAboutC.054.93010_1066Laxton said a letter from the county had been sent to owner in the past saying
the house being used as a retreat center had not received zoning, building inspection, or
health department approvals. He said a similar letter was sent on February 19, 2003,
but it stipulated the owner should "cease and desist the retreat operations within seven
days." Mr. Laxton said it now appeared the owner was operating a church. He said that
on 10 a.m. this past Sunday, 27 cars arrived and 27 departed at 12 Noon. Mr. Laxton
said that at 6 p.m. (same day) 19 cars arrived, and they all left at 9:00 p.m. He said the
permit for the facility (septic system) indicated the structure had eight bedrooms and
eight bathrooms. He also said the facility's web site indicated there was seating
capacity for 80 in the dining room. Mr. Laxton asked when something would be done
other than letters.
Planning Supervisor Smith said that, typically, after a violation was discovered,
the staff sent a letter to the owner stating that 30 days had been given to clear up the
problem. He said if the violation wasn't corrected, a citation ($100 fine) was sent with
a stipulation that corrective action had to be taken in seven days, and after this, if the
problem still continued, fines would be incurred for the seven days ($700). He said that
if the fines continued to increase, the matter was turned over to the county attorney.
Smith said this action usually obtained the violator's attention. Mr. Smith said that in
Mr. Craven's (owner of Quiet Waters) case, there were options to get the property into
compliance. He said the retreat was initially illegal, but through an amendment to the
ordinance, retreats were then allowed as a special use. Smith went on to say Mr.
Craven tried to obtain the special use permit, but he was denied. He said Mr. Craven
then appealed to Superior Court where the case still remained. Smith said the retreat
operations had ended; however, it appeared that traditional church services were now
being provided. He said that on March 17, a letter was sent to Craven about being in
violation of the zoning ordinance due to the church services.
Commissioner Tice asked what was needed to conduct church services.
Smith said Mr. Craven could return to the board of adjustment and request a
special use permit. He said there were restrictive covenants on the property, and this
might prohibit the owner from gaining approval, especially since there was so much
opposition from the neighbors.
Commissioner Madison asked ifthe $100 -a -day fine was still being assessed.
Smith said not for the retreat.
Commissioner Madison asked how long the case might be in Superior Court.
Attorney Pope said it was unpredictable. He said the case "would have to work
its way up -- 60 to 90 days" Mr. Pope said the neighbors had also filed a civil lawsuit
about the usage of the property.
Smith said fines would start accruing for the church activities.
Chairman Johnson said he understood that while the case was in the courts, there
wasn't much the commissioners could do about the matter.
Laxton said it appeared that Mr. Craven had falsified the documents for his septic
system. He asked again about the tax exemption status.
County Manager Mashburn said he had requested information from the tax office
about the exemption. He said information would also be requested from the
environmental section of the health department. Mashburn said that after all of the
records were obtained, the information would be shared with Attorney Pope. He said a
summary of the findings would be shared with the commissioners.
Smith said the health department had been monitoring the septic system to make
sure it was not failing.