Commission tables permit

Published 3:32 pm Thursday, May 24, 2018

Members of the Cumberland County Planning Commission voted in favor of tabling the conditional use permit for 4-Wheel Drive Specialty Conversion Division, Inc. for what may be the last time Monday.

Members of the board voted to amend condition one, which would apply to the property 4-Wheel Drive Specialty Conversion Division is based, not Ducan, the applicant, himself; and motioned to amend condition nine to allow the conditional use permit to be placed on a renewal schedule of every one, two and five years, differing from the original application process, in which Duncan applied to renew the permit every year.

The condition that members of the commission are set to discuss prior to its next meeting June 7 at Cumberland County Elementary School regards rewording condition eight, which relates to termination and repeated violations.

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Rick Boyer, representing the 4-Wheel Drive Specialty Conversion Division, read a portion of condition 8, which states, “Notwithstanding any of the foregoing, the provision of an opportunity to correct a violation, or the provision of a warning of a possible violation which does not result in the termination of the conditional use permit, shall in no way be a waiver of the future enforcement of that condition or any other condition, and future full enforcement of all conditions, including enforcement resulting in the termination of this conditional use permit, shall be made.”

He expressed concern that facing a termination of a permit even after correcting a violation would not benefit the business.

“It almost feels like we’re taking with one hand and kind of pulling it back with the other,” Boyer said. “You’ve got 30 days to correct, but even if you do, you still retain the right to enforce all of the way up to termination.”

Boyer was the only speaker during the public hearing.

Boyer suggested basing any potential termination on three or more repeated violations within a certain period of time, such as 12 months.

“That way he doesn’t just get a free grace period,” Boyer said. “If there are three or more violations within a 12-month period then … there’s some certainty, it’s not just left for guesswork.”

The conditional use permit between the county and 4-Wheel Drive Specialty Conversion Division Inc., has been a topic of discussion for the planning commission and the board of supervisors, as a violation had been found from 4-Wheel Drive Specialty Conversion Division Inc., where hay bales had been installed along the front end of the business at 1936 Cartersville Road in place of a fence.

Members of the board of supervisors voted to table the conditional use permit during its April meeting as the site plan for the fence, surveyed by Woodrow K. Cofer, had not been submitted to 4-Wheel Drive Specialty Conversion Division Inc.

Planning Commission Chairman Dr. Will Burger said Monday the commission did have the site plan.

Members of the commission also voted to extend the number of days to install the fence from 90 days to 120 days.