July 24, 2013

Commissioner Hafen

will be abstaining from item #12. Conditional Use Permit (CUP) Applications:

Ms. Lee

refers to the staff report, the applicants want to reinstate the grandfathered use and staff recommends approval of the application subject to the conditions of approval in the staff report. Heather Tomkowiak, applicant, states they will be opening for breakfast, eventually opening for lunch and dinner. They initially will be open from 6 am till 7 or 8 pm. Page 2 of 7

Commissioner Hafen

asks if the applicant has read and understand all the conditions of approval.

Commissioner Hafen

motions to approve CU-13-0009 based upon the findings shown on page 2 and subject to the conditions as listed. Commissioner Dolan seconds.

Mr. Osborne

refers to the staff report and states staff recommends approval. Donald Fratt, applicant they used to breed the dogs and cats and no longer do that. They have older animals, they aren’t for sale and they don’t plan on taking in any animals.

Commissioner King

stated in the justification letter it states sometimes they breed a litter or two a year of the Sphynx cats.

Mr. Fratt

stated his wife breeds them for other people. She takes care of them for the other breeder until they are weaned.

Commissioner King

asks how many of the dogs and cats are spayed or neutered.

Mr. Fratt

stated for the females they still have some more to do. They are working with animal control to do that and they have one dog left to do.

Commissioner Hafen

asks if they would be open to having a limit on the dogs and cats on the property?

Mr. Fratt

stated the property dictates the limit, the cats are inside and animal control already came out and told them what their limits were. Yes, they are open to it.

Commissioner Hafen

asks what Mr. Fratt would be amenable for a limit for the animals combined.

Mr. Fratt

stated he didn’t know about the non-profit, whatever the rules are they are willing to follow.

Commissioner King

reviews the definition of an Animal Sanctuary. Page 3 of 7

Commissioner McCall

motions to approve CU-13-0010 based upon findings as shown on page 2 and subject to the conditions of approval with the added condition of approval for the total combined of cats and dogs not to exceed a number of 20. Commissioner Hafen seconds.

Mr. Osborne

reviews staff report and stated staff recommends denial of the permit based upon staff findings.

Commissioner Hafen

stated under the County code it requires the parking lot to be paved, sufficient landscaping, walls and buildings. Would there have to restroom facilities under the county code.

Mr. Osborne

stated that under the building code you would be required to have restroom facilities. The RPC under a use permit has the discretion as to what improvements would be required. Paving, and landscaping would be subject to the RPC discretion.

Commissioner Hafen

states a standard business would be required for a paved parking and landscaping.

Mr. Osborne

stated correct. Tynia Dickson, applicant stated they are planning on installing a amusement ride. They will assemble a pond that is 4 feet high. The last time they filled the pond it was 38,000 gallons.

Commissioner Koenig

asked if they were gas powered boats.

Commissioner King

asks how many people will be involved in this, just the two of you.

Commissioner King

asked who will watch the kids making sure they don’t dump the thing over. Daniel Dickson, applicant stated this is going to be a seasonal thing. There are established guidelines as to how bumper boats are to be operated. There are standards you have to follow as far as safety goes. There are always attendants standing there observing the boats.

Commissioner King

stated in the staff report parking was mentioned as an issue.

Mr. Dickson

stated they are in negotiations with the restaurant next door to use some of their parking lot.

Commissioner Koenig

asked if the pool is covered when not in use. Page 4 of 7

Mr. Dickson

stated no it is not. The lot is fully fenced though.

Commissioner Koenig

asked if there is a chance the engine oil will leak into the water.

Mr. Dickson

stated there is always a chance; it is a water gas mixture they use. That is why the water will be treated and filtered.

Commissioner Koenig

stated if this does get approved you will have to have functioning bathrooms, meaning you will have to run water and sewer up there, he is sure UICN will let them fill up initially from the hydrant but you will have to connect.

Commissioner McCall

asked if they have read and understood the proposed special conditions of approval.

Mr. Dickson

stated they have read it and they don’t know if all of it isn’t something that can be handled some other way.

Commissioner Hafen

asks if they fully understand condition #6, it is a cost burden.

Mr. Dickson

stated that is one that they want to see if it can be resolved by an agreement with the neighboring business to use their parking lot.

Commissioner Hafen

asks if the neighboring businesses parking lot is asphalted.

Mr. Dickson

stated no there is no asphalted parking on either side of them.

Commissioner Koenig

stated he believes that business is grandfathered in.

Commissioner Hafen

stated the applicant mentioned they may put up fencing around the pool.

Mr. Dickson

stated the lot is already fenced.

Commissioner Hafen

stated he is referring to the fencing around the pool area so that you can lock it when not there.

Ms. Dickson

stated they weren’t intending on double fencing the area. They were intending on either gating off the ramp or raising the ramp so no one can access it.

Commissioner Goode

stated that since this is a seasonal or temporary thing they might be able to rent port-a-potties instead of having to connect to water and sewer.

Commissioner Koenig

stated they still have to have water, and it depends on what Health and Safety have to say about it.

Commissioner Dolan

stated that a lot of these things could have been worked out with better communications with staff. Health and safety, water evaporation are a big concern for him. He is concerned with the close proximity to the restaurant with the fumes from the motors and disturbing the clientele. There are a lot of unanswered questions as far as the parking lot, setbacks and the security, and the safety. You have stated that you have talked with the owner of the restaurant next door but there is no letter of support from them.

Ms. Dickson

stated she has spent a lot of time with Planning and that she truly believed that all this part was about was the water not about the entire project. We have talked with the owner of the restaurant and they have asked him for a letter.

Ms. Dickson

stated she reviewed the numbers in the back up and she doesn’t believe they would be using that much water. They will try to mitigate the evaporation by covering the pool when it isn’t in use.

Commissioner King

stated there was comments about setting this up at the Fall Festival, have you spoken to anyone at Lakeside?

Mr. Dickson

stated no he hasn’t.

Commissioner Hafen

stated the problem they are going to run into with this board isn’t the water issue, it is that it won’t be adequately serviced by public facilities. You won’t have restrooms, a paved parking lot and if we approve one application to not have a asphalt parking lot it sets the bar for the future. He would like to see this succeed.

Commissioner Dolan

states because this is a large pool the State of Nevada has very strict rules for pools. Are your boats open bottom or closed. Can anyone put their feet into the water?

Mr. Dickson

stated no they are closed bottoms, no part of the body will touch the water.

Commissioner Koenig

asks the applicants if they would be amenable to a motion continuing the item and if they would like to do something at the Fall Festival so they can make a better informed decision.

Ms. Dickson

stated she would like more information on the Fall Festival.

Commissioner Koenig

stated he would like to see a letter from someone stating yes you can use my parking lot. More time needs to be done on researching this issue.

Commissioner King

asks what the minimum depth of water these devices can operate in.

Ms. Dickson

stated 28 inches.

Commissioner King

asked if there is a propeller on the bottom of the boat and does revolve 360 degrees?

Mr. Dickson

stated there is a propeller and they have a steering wheel but it doesn’t go all the way around, but you can make the boat go in circles.

Commissioner Hafen

motions to continue CU-13-0011 to the meeting in August so that some of the issues can be addressed.

Commissioner Dolan

stated the next meeting is just in a few weeks, we should schedule it to the September meeting.

Commissioner Hafen

stated it wouldn’t be ready for the Fall Festival then.

Ms. Dickson

stated they can be ready in two weeks for the meeting. Page 6 of 7