Board works to unravel courthouse zoning dilemma

By BILL RICHMOND

City editor

The County Board of Commissioners, with County Attorney John Tanner, Monday heard from County Zoning Administrator Cathy Flatter and Board of Zoning Appeals attorney Robert Oliver, Jr., in an attempt to settle the courthouse setback dispute that is holding up construction of a proposed annex.

The parties were in agreement that a zoning variance was not needed for the annex, but that was not known at the time. The BZA decision was perhaps technically incorrect, but it was based on incomplete information.

The commissioners unanimously approved a motion to have an independent judicial system make a decision before the county proceeds with the annex project.

"Nobody wants to cost the county any more money than is necessary," Oliver said. "I don't think it would be a long drawn out issue."

Commissioner David Lenkensdofer said he is confident the prevailing opinion will be that Tanner and three other (county paid) attorneys who have interpreted the zoning ordinance and plat book information in a way that favors construction of the annex as it is currently planned.

Oliver said it is in the best interest of county government to not ignore the public hearings and BZA decision.

"This could set a dangerous precedence," Flatter said, "that the county can ignore a BZA decision if it chooses to do so. The next time someone is not granted a variance, it will be very easily challenged."

Tanner said the county's point is not that the BZA opinion should be ignored, but that its opinion is a moot point because it turns out it wasn't needed in the first place.

Oliver said Flatter based the zoning decision on the county plats on file at the courthouse which indicate that the courthouse is as close to Meridian Street as it is to Main and as close to Franklin Street as it is to Washington - making the courthouse essentially, by zoning definition, a building with four frontages. As such, the courthouse would require four 25-foot setbacks.

In her search for documents that would lead to a conclusive decision, Flatter uncovered a February 2005 survey of the courthouse property conducted by Mote and Associates for Martin, Riley Architects. The survey, which was not part of the county's variance petition, shows that the Meridian Street side of the courthouse is the shortest distance from the foundation to the right of way - technically making it the front of the courthouse and the only side requiring a setback.

"Our position is that, given the public interest, especially the people who don't want the annex and don't want to spend any more money that is necessary," Oliver said, "we think it is in the best interest of the commissioners to file for a declaratory judgment and have a judge make a decision."

He said a judge will likely make a decision according to the information available at the time of the BZA hearing.

Tanner asserted the variance should have been granted as requested, although that decision is based on information that was not known at the time.

"I don't think we need a variance," Tanner said.

Flatter said it is the responsibility of the property owner, in this case county government, to provide the BZA with any information that contradicts the official record which is what she used to make her decision.

In other business, the commissioners:

€ Heard a proposal from vending machine service provider Aaron Schafer to offer snacks at the Randolph Center for Family Opportunity and other county facilities as designated.

Tanner said the county terminated its contract with Kids, Inc., as of Aug. 1. Representatives of Kids, Inc., the non-profit group that operates Camp Yale, originally provided vending machines in the basement of the RCFO and used profits to assist programs at the local youth camp and ropes training course. Tanner said he will contact the current vending service provider to see if he is still interested.

"We'll try to give you an answer in a week or two whether we're ready to proceed," Tanner told Schafer.

€ Clarified an apparent misunderstanding regarding an upcoming auction to sale items from the old county home. Money from the sale of property at the county home will be deposited with the county auditor and treasurer, not the Raise the Roof Committee which is collecting money for the courthouse clock tower and roof facade.

"The money will be reinvested in county holdings," Tanner said.

Lenkensdofer said he thinks county council was perhaps not informed about how the money would be transferred to the general fund for the courthouse project.

A county council member questioned the process at the board's Aug. 5 meeting.

€ Signed approval of a $19,074 State Department of Homeland Security emergency management performance grant. The grant, which helps fund the salary for County Emergency Management Director Rick Brown had been about $8,000 each year but the amount increased when Brown's job was changed from part time to a full time position.