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and it would be considered a structure.
WILLIAMS: Do you mean the wording in this, "o'cher sanitary sewage disposal systems
and disposal plants," doesn't cover package plants?
DAVENPORT: I'm saying even if you, even if it is not a structure, it's still an
accessory use. I would say that under the first four lines of that definition is clear
that this would be the kind of thing that would be a structure. I'm looking at the
language. I see the specific language exempts ground absorption treatment in generic term
of disposal plants. A sanitary sewage disposal system, conceding our point, it still
appears that you still ha!'e the problem that it is an accessory use.
I think you are raising a good point.
HEDRICK: I believe go out there with your tape measure, you could probably comply,
based on what Carroll is saying. That's something we ought to definitely know to clear up
as far as terminology of that particular section is concerned.
HEDRICK: Would you consider the withdrawal subject to your getting the proper dimen-
sions and drawings to prove that you could get it within the 45' buffer zone, or open
space, as you say? Is there any problem with that?
LEWIS: I had rather pursue it based on the fact that I can get it in there and that
if iL's not feasible to put it in there with the 45', if 45' is the magic number to
somehody, somewhere, there are variances given from time to time for people to go across
the 15' limit on side boundary or any number of reasons why, you know, it might have to be
a foot or two different. I just can't see the reason to withdraw based on a very, very
narrow interpretation of that 45'. We are very close.
HEDRICK: I think in all fairness to Crescent Land & Timber, if we are going to make
a decision to deviate from the ordinance, you know, less than 45', we would certainly need
to notify them well in advance and give them an opportunity to respond, even if they have
no objection.
LEWIS: I think tliat's quite fair. I don't want to withdraw the request.
DAVENPORT: Any other testimony you want to produce? Any other questions from the
board members? Staff? I think we arc at the point where you are just passed making
closing remarks.
HEDRICK: Let me just make sure I understand this. The drawing we have here shows
50' open area. You obviously felt that the 50' area was not compulsory or you read it
that 30' would be adequate by the definition that you pointed out to us, I assume?
LEWIS: Yes.
HEDRICK: But you did not contact Lisa and ask her if that interpretation was, in
fact, correct?
I'm just asking if you recall ever having been told by the planning department that
that 30' open space would be adequate.
LEWIS: No. The 30' which I considered to be buffer zone was what I was addressing
this map to. As far as setback for a structure, I had, the setback for the structure
would go inside this 30' buffer strip. That would be subject, that would be the same
thing as measuring off your neighbor's side yard to make sure you're 15' off his property
line before you put your foundation down for your house.
DAVENPORT: Do you have any closing remarks?
LEWIS: No, I don't. If there is anything I need to add to it
HEDRICK: At this point the hearing on Mallard Head is concluded. Is there a motion
to go back into regular session?
MURDOCK: Are we going to complete one at a time?
HEDRICK: I assume that would be in order.
HEDRICK: Motion would be to close the hearing.
STEWART: I make a motion that we close the hearing.
HEDRICK: It has been moved to closing the hearing. Any discussion on the motion?
If not, all those in favor say "Aye."
AYES - 5; Nays - 0.
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