GENERAL38781

• Permit No: M1980183
• IBM Index Class Name: General Documents
• Doc Date: 6/21/1982
• Doc Name: SUMMARY OF REQUEST
• Media Type: D
• Archive: No

recommendations of the Planning Commission." And, that
recommendation included a buffer area solely for the benefit of
Mrs. Allen. This was appropriate because Mrs. Allen's property was
surrounded by Pit 29.
Finally, the Planning and Development Director's
interpretation of Condition No. 6 must be rejected because it
defeats the express intention of the BOCC to approve the
conditional use request. As such, the Board of Adjustment must
modify the Planning and Development Director's interpretation to
give life back to the conditional use permit. The Board of
Adjustment should interpret Condition No. 6 to relate solely to
Mrs. Allen's property.
O. CONCLIIBION
For the reasons explained above, Brannan requests the Board of
Adjustment to modify the Planning and Development Director's
interpretation of Condition No. 6 of Brannan's conditional use
permit. Condition No. 6 should be interpreted to require Brannan
to locate its asphalt plant at least 1,000 feet from the "property
line" of Mrs. Allen's property. Failure to modify the Planning and
Development Director's interpretation of Condition No. 6 would
convert the a~nroval of Brannan's conditional use request into a de
facto denial. Such a result plainly disregards the express
intention of the BOCC to grant the conditional use permit.