SU0004362 - Laserfiche WebLink

Home Browse Search

stringent than the conditions of U-76-71,approved in 1976. The applicants will befinalized,while comply all Conditions of Approval from all agencies before the Certificate of Occupancy is the applicants to conduct the Custom Agricultural Manufacturing portion of the business. Appeal Statement 3 "Objection is also made to the revised Site Plan dated February 5,2002 as k was not served on the neighbors, and there has been improper notice and opportunity for any eorn wd or objection to that document. It does appear that the objections raised on 21412002 were used to allow"correction'that is untimely within this process. It is only after objections were raised that it became dear that the prior use is being continued. Books and records should be opened for review and inspection of the entities doing business on the premises to confirm that the use has been for farm equipment repair only. It is believed and alleged that there is no repair on the premises,just manufacturing. This change and process is not to expand a current use, it is a ruse to continue a nonconforming use: mwwfachirin9 in an agricultural zone. The county has failed to correct the violations under the prior Use Permit 76-71, and are approving this expansion to avoid future enforcement action. This is wnonng,and does an injustice to the entire concept of zoning." ResponIS o Appeal aWtement The Community Development Department required that the applicants provide a new Site Plan indicating additional detail, partly as a result of comments from neighbors. The changes inducted adding the square footages and use of the buildings to the Site Plan. The addition of these items did not make the project different enough from the referral sent to the neighbors to warrant the project being referred again. Typically, a project is only re-referred when an aspect of the project changes enough to make the project significantly different from the originally referred project. The Community Development Department cannot require the applicants to open their books for review and inspection. The Community Development Department has conditionally approved PA-02-12 for Custom Agricultural Hawing because the use type may be conditionally permitted in the AG-40 zone with an approved Site Approval. it is not considered a non-conforming use. A nonconforming use means a use that was legal when brought into existence but does not conform to the current uses allowed or to the performance standards of the zone where it is located. Appeal ft=2nt 4 "in general this Approval is objected to on the further grounds that the current use has been in violation of the conditions and zoning,and the County has refused to enfane time codes. The applicants have been a general manufacturer,without H mits. Equity is not served in EXPANDING use for persons who have not been in compliance with the prior usage. The granting of this Appkatiam will increase the problems and violations. The Applicants have a dewy history of nw-compfienoe. The operation is currently in violation of zoning, and no expansion should be allowed until the prior U76-71 conditions are eomected. To allow this Application would encourege continued violation of conditions and codes as these Applicants now know the County Code EWoroernmamt will do nothing,has done nothing. Who will police-these known violators? Cags,MW writing.and meetings have dame nothing to correct problems for the past three years. How will there be any assurance that the use WE be Agriiftral related custom manufacturing,and not general full blown manufacturing as is currently occurring? The known issues and problems are not addressed in any condition,and regrettably the County has chosen to ignore complaints regarding the clear history of zoning violations on the property. The property and use Is a nuisance as defined by the San Joaquin County Planning Commission." San Joaquin County PA-02-12/Mills Community Development Page 5