With a decision on the appeal to challenge the nonconforming zoning status of the Frank M Jarman American Legion Post 36 slated for August 2, the Zoning Appeals Board continued the hearing Tuesday, July 27.
The almost four-hour session heard from the public supporting of the activities both at the American Legion property and Minary’s Dream Alliance, Incorporated, the pending buyer of the property.
Daniel Saunders, attorney at MacLeod Law Group, represented Thomas Voshell and Chesmer Community Association. Attorneys Stephen Meehan and Mitchell Mowell represented the American Legion.
The crux of Monday’s hearing was to decide whether or not the “use” of the American Legion property and Minary’s Dream Alliance fell within the nonconforming land use allowances.
In November, 2020, Planning and Zoning Director Bill Mackey wrote that the Land Use Ordinance had already determined the nonconforming property and that the property had not been abandoned or changed, since it was built in 1960, it was a validated nonconforming use.
Thomas Voshell cited the reasons for his application to have the Zoning Appeals Board reconsider the current designation. The original appeal request cited:
“Applicants seek a determination by the Board of Appeals, pursuant to Article VIII, Section 1.7, of the County Zoning Ordinance, that the subject property is NOT a nonconforming property and that any uses on the property must conform to those permitted uses in the Critical Area Residential zone… Applicants allege that, to the extent the American Legion was ever a nonconforming property, its nonconforming status has been abandoned.”
Mr. Voshell appended the original complaint on Monday night with additional complaints ranging from: misuse of Minary Dream’s Alliance, Incorporated’s use of its non-profit status; to the point of being a for-profit “developer”; to implying that the organization’s non-clinical Adolescent Clubhouse F.E.A.R. program masked an opioid treatment program.
Attorney Daniel Saunders presented the challenge to the current zoning status regarding zoning laws and allowances, saying that nonconforming zoned areas are pressed to be “sunsetted” into zoning designations relative to the zoning surrounding the, adding that this determination should be made by case law precedents.
Again, this is a brief clip of the proceedings, and the entire session will be made available on the county website.
The Zoning Appeals Board will announce their determination at the August 2 meeting.
This video is approximately four minutes in length