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HomeMy WebLinkAboutC.054.93008_0876"MI 431 LEWIS: Here's what I got. Buffer strip. Is that what we're talking about, Lisa? BECKHAM: No. There are two different concepis t:iere in that paragraph. One is the property being buffered; the other concept is the open space between a structure founda- tion and your properly line. So there are two ideas there. You would have a planted buffer or a structured buffer on your property line and the structure itself. LEWIS: I'm now reading from your own article here. Subsection 41, definition "buf- fer strip." It goes through several and then it comes to existing woodland. HEDRICK: What page are you on? LEWIS: I'm on page 4. We have existing woodland. Natural vegetation. Vegetation down in there is pine trees and think (not clear), etc. Existing woodland. At least 30' in width and 6' in height. It definitely 30' and 6' in height. "May qualify as a buffer if visual separation is achieved (not clear, reading from zoning ordinance). I am providing visual separation, and I understand, and that is exactly what the line on your PRD represents. -' CROSSWHITE: In other words, what you are saying is you would clear out this little triangular area (not clear)? LEWIS: That's correct. And then we complied with the 45' to the actual treatment facility. LEWIS: Now if you will go over and read 41.37 (not clear) Structure. It's page 9. Lisa would you interpret that for them, please? BECKHAM: I think I will defer to the county attorney. POPE: What's the question? BECKHAM: 41.37, page 9, definition of a structure. He wants an interpretation. POPE: On what is a structure? What's the question? I don't understand it. LEWIS: I think the question is, Do you define a waste treatment plant as a structure? DAVENPORT: I would certainly define it as a structure under the ordinance. Is there any precedent (not clear)? POPE: I don't think there's any doubt about it. DAVENPORT: Is there any argument that you have that it should be considered a structure based on that language? That seems an appropriate question to ask. LEWIS: It says right in there, and it's pretty, in other words it's clear in the language it does not (not clear, changing to Tape #2)(Reading from the Ordinance). It says here"ground absorption treatment and disposal plants, including septic tanks and other sanitary sewage disposal systems are not considered structures." It's very clear. Would you agree? POPE: No, I don't agree with that. LEWIS: Is it written wrong? POPE: I don't know if it's written wrong or not. I don't know. I'm not passing moral judgment on it. I don't agree with it. I think it clearly is a structure. LEWIS: It's clearly in the ordinance that it is not a structure, though. POPE: I don't see any reason for us to argue about it. It is my opinion that it is. DAVENPORT: The first four lines appear to make it pretty clear that it is a struf- ture if (not clear) to write it out. I understand, I ready the language the same as you do. I think it is still an accessory use, and whether it is a structure or not. BECKHAM: A building permit would be issued for a structure. I think the definition for a structure was intended to make it char that we do not issue building permits to install septic tanks, but anything requiring a foundation, a building permit is issued; F