Public Hearings-Store/Campground Compatibility-5/30/12-The Results

[Neal]

All the T's crossed and I's dotted. I'd expect nothing less.

I think Kam Flynn covered it in her presentation...
...Rules. Our society runs smoothly because of rules. We stop at red lights, we drive on the right side of the road, etc. We have all these rules, but from time to time, they need to be changed or adapted for the greater good. Which is why we are here. The zoning regulations - which were well thought out at the time they were codified - say the property in question is zoned rural and cannot be used for commercial purposes...

The Applicants do not have the right to operate as a commercial entity at this time!
They are requesting that the Community agree that their land use is compatible with the community.
The community spoke and the outcome was appealed.
The Applicant and the Community presented discussion about the unresolved issues at this weeks public hearing.

My disappointment Thursday is that in my opinion, the Applicants did not address the unresolved issues. During the Applicants discussion, it appeared that the Applicant was still not aware of the recomondations were contained in the 91 page report including the responses from DNR and the County. The Board of Zoning Appeals appears to have found issue with what they heard and denied the Application.

We are all entitled to our opinions, and we each have different ways of comunicating with others to gain consensus. But when opinions conflict we should seek fact, rules, case law etc. to resolve the conflict.

At the end of the day... we have to come to an agreement regarding the ajacent land that works for everyone, and we are not there yet.

[Neal]

... An actual current survey may show that this is incorrect - but that possibiity was not raised at the hearing....

Property stakeholders: Flynn, Sheard, RVA and Bearup commissioned the licensed surveyor Ed Johnson to conduct a survey of all markers between adjacent land. The results of the survey are being used by Flynn, Sheard, RVA as the basis for our issues. If I read the recent post by the Applicant, it appears that there is a difference of opinion regarding stream accesss during specific high water marks that may require clarification/ruling by an authority having jurisdiction.

[OzGirl]

Wouldn't the actual survey lines be more accurate than a map that shows the approximate property lines?

Nonetheless, thank you for posting the drawing as it explains what some people believe are the property lines and where they are.

A physical verification of property lines was completed with a surveyor pre this hearing with all stakeholders present, and confirmed that the campground does not have river access, also the 15 ft swathe ripped through the forest by the campground owners (without proper permitting based on commercial intent, setbacks, and the fact the property is in the flood plain,) the bulldozed road was cut right up to the property lines, hence the concern for maintaining the adjoining land owners privacy and continued enjoyment of their own properties and the issues of current and future trespass.

[KatherineA]

The documents contained in the packet put together for the hearing speak for themselves about the "concerns"

You can't take those documents back

And, again, I urge everyone to read every document in that final packet.



http://www.jeffersoncountywv.org/upl...A%20Packet.pdf

[Neal]

It is a sad day in our home but we will hold our heads high and have faith because we believe in this dream and believe us, WE ARE NOT DONE YET.

Good to see that rights are protected in at least two more levels ...

section 6.6 - Appeals of Board Decisions
Pursuant to W,Va Code 8A-9-1, every decision is subject to review by petition for writ of certiorari in cicuit court
http://www.jeffersoncountywv.org/upl...21,%202011.pdf

http://www.legis.state.wv.us/wvcode/...chap=08a&art=9

§8A-9-7. Appeal from final judgment of circuit court or judge.
An appeal may be taken to the West Virginia Supreme Court of Appeals from the final judgment of the court or judge reversing, affirming or modifying the decision or order of the planning commission, board of subdivision and land development appeals, or board of zoning appeals within the same time, in the same manner, and upon the same terms, conditions and limitations as appeals in other civil cases.

[Neal]

You can't take those documents back

In addition to the spoken testimony under oath during the meetings.

[charliepff]

So, if you do not have an accurate survey map and site plans, how can you even plan out what you are going to do with that area? It does not sound like good solid planning. The site should have been surveyed by at least two surveyors. Especially if it is an old lot. Then a detailed site plan made up for drainage, septic, store, campsites, common areas to make sure you can fit everything on your property. This includes keeping in mind of the flood plains and neighbors property lines.

[Neal]

The Board of Zoning Appeals decision for Black Bear Camp and Country Store is published at mms://129.71.117.176/PlanningArchived/2012-07-19 BZA Meeting3.MP3

[Tony]

The Board of Zoning Appeals decision for Black Bear Camp and Country Store is published at mms://129.71.117.176/PlanningArchived/2012-07-19 BZA Meeting3.MP3

That's not a good internet link. I suspect we need an http in there somewhere.

[LazerFlash]

That's not a good internet link. I suspect we need an http in there somewhere.

I cut-and-pasted it to my browser's address line, hit <ENTER> and it loaded directly into Windows Media Player.

And, if it 's inserted as link type "URL" and protocol "Other", it works just fine: mms://129.71.117.176/PlanningArchived/2012-07-19 BZA Meeting3.MP3