| 3/17/2021 |
Clark County Zoning Commission
| Approved
Agenda note: SUBJECT MATTER: In the matter of the recommendation of the Planning Commission that the Board deny the aforementioned described application of Mercy M. Abraham (Jay Francis) for use permits, and waiver of development standards (as indicated on the ATTACHED agenda item) (appealed by the applicant):
REPRESENTATIVE(S): Present
SPEAKER(S): Present
DISCUSSION: Following introduction of the item, the Board was addressed by the applicant\rquote s representatives, Kendra Francis and David Parapilly, who advised that the waivers and use permits were submitted to allow the continued placement of five Conex storage boxes on the two acre property; stated that the containers had been in place since 2007, and that the units provided storage for a family member on active duty in the military; the number of storage containers requested had been reduced from six to five; the square footage calculations originally submitted for accessory structures were incorrect and revisions were presented that reflected a total of 3,440 square feet of accessory structure, or 37.38 percent; the boxes had been realigned and spaced 15 feet apart, and painted to match the color of the surrounding buildings and complement the desert; the chain-link fence had been rebuilt and privacy curtains installed; any excess tractor-trailers, pick-ups, boats, trash, or other items left by the previous owners had been eliminated, and trees and other vegetation had been trimmed or removed in response to concerns regarding the aesthetics of the property expressed by neighbors; and that the permit process for a seven-foot tall block wall surrounding the property had begun in an effort to further block views, enhance privacy, and address any further aesthetic concerns by neighbors.
A neighbor, Chris Kalega, spoke in opposition to approval of the applications.
Other neighbors, which included Kathleen Commins, Cody Whipple, Simon Suresh and Scott Werber, expressed their support for the approval of the applications.
Commissioner Michael Naft stated that the initial denial of the applications was not due to calculations but was due to the permissible use request, and that an investigation had been opened regarding the use of the residence as a place of business; acknowledged the efforts that had been made to clean-up the property; and also that other concerns were reported included the use of the property as a truck stop, and the excessive 24-hour lighting which was disruptive to neighbors.
The applicant's representative advised that the business, Wireless US LLC, was a fully licensed consultancy agency that did not store or ship any materials, and only provided advice on tech related and other engineering matters; acknowledged that there had been increased semi-truck activity during the clean-up and removal of the previous tenants belongings; the property was not a truck stop and there would be no semis allowed; the 24-hour lighting would be removed; and that the applicant wanted to work with neighbors, be cooperative and collaborative, and would be happy to address any other concerns and issues.
In response to questions or comments by Commissioner Naft, staff advised that while a Conex box was considered an accessory structures, the number of boxes on the property was not the norm; that even a consulting business operated from home required a business license, and that there could be no employees or customer activity at the site.
Commissioner Naft advised that a truck stop or unlicensed business that was inappropriate and not compatible with the neighborhood would not tolerated; and stated that additional conditions included a public hearing and review in six months to ensure that the applicant was fully compliant.
Legal Counsel confirmed the motion was for the approval of the applications, or reversal of the denial of the Planning Commission, with conditions as stated and a public hearing in six months. | Pass |
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