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1 ~ <br />No. 6 should be read to require the asphalt plant to be 1000 feet <br />from all existing property lines. <br />The problem with the Planning and Development Director's <br />interpretation is that it necessarily converts the BOCC's aooroval <br />of the conditional use permit into a de facto denial. There is <br />simply no place within Pit 29 that is 1,000 feet from all of the <br />property lines. It is inconceivable that the BOCC intended to <br />deceive Brannan by stating that it was granting the permit but then <br />conditioninct that grant to the point that the conditional use is - <br />physically impossible to implement. <br />The Board of Adjustment is the appropriate forum for this <br />appeal. Brannan is requesting a modification of the Planning and <br />Development Director's administrative decision in this matter. See <br />Zoning Regulations at § 7.540. The conditional use approval became <br />a part of the Zoning Regulations by virtue of §§ 6.200 and 3.110, <br />and the Planning and Development Director has informed Brannan that <br />he will enforce his interpretation of the conditional use permit. <br />The modification of the Planning and Development Director's <br />determination requested by Brannan in this application is that <br />Condition No. 6 of Brannan's conditional use permit be interpreted <br />as that condition was imposed by the Planning Commission--that the <br />asphalt plant is to be located at least 1000 feet from Mrs. Allen's <br />property line. This is the only interpretation of the condition <br />that gives meaning to the BOCC's aDOroval of the conditional use <br />permit. <br />a~e~~.~vi~rteuor. i 2 <br />