August 10, 2016

Commissioner Adams

motioned to approve. Seconded by Commissioner Oscarson.

Commissioner Hafen

stated the APA state conference is October 17 through the 19th in Las Vegas, and the Fundamentals of Economic Development 2.0 workshop will be help October 16th at the Nevada State College. RPC members are to contact Cheryl Beeman if interested, this is not budgeted so it would be out of your own pockets.

Commissioner Oscarson

asked if there is one domestic well on the property. Is there a state law against have one well with multiple homes. Page 2 of 7

Mr. Osborne

stated there is one well for the three homes. If you have a septic you can only have one well and one septic on an acre. But you can have more than one dwelling units with one well. The state MHD doesn’t allow more than one manufactured home on a well, but these are site built homes.

Commissioner Adams

asked if any complaints have come back from the other property owners.

Commissioner Borasky

asked Mr. Osborne if there are any requirements that the septic be checked and asked if there were more than one septic on the property.

Mr. Osborne

stated there are two septic systems on the property. His understanding is that the applicant is replacing the septic that serves the main house and guest home. Michelle Yiatras, applicant, stated there were 15 RV hookups and 5 manufactured homes which were professionally dismantled and removed from the property. There are 8 pads are being demolished, electrical contractor is coming in to remove the hookups. There is a main house and guest house in the front, there is also a second guest house. The septic that is to residence one, has been professionally pumped, inspected and certified with new risers put in place under the supervision of NDEP. The second septic needs improvements.

Commissioner Borasky

recommends that they get proof of the statements made.

Ms. Yiatras

stated she did an abandonment plan with NDEP and completed the NOT.

Commissioner Hafen

asked if there is any intent to rent.

Ms. Yiatras

stated her father lived in the main house, there is no intention for her to rent any of the residences out.

Commissioner Hafen

asked for clarification on the application, that she is just applying to turn this property over to one single family residence with two guest houses.

Commissioner Oscarson

asked for clarification on the second septic.

Ms. Yiatras

stated the guest house has a 1250 gallon septic that has been inspected and it was found to rusted out and that is when she went to EPA and did all the proper paperwork with NDEP.

Commissioner Oscarson

asked if replacing the septic was something she planned on doing.

Ms. Yiatras

stated no, she doesn’t have the money to do it. She is compiling the information for the future owner.

Commissioner Carr

asked why we are doing this on a CUP.

Mr. Osborne

stated currently in the RH-4.5 zoning district one guest residence is allowed, she currently wants a second residence/guest residence that is what requires a CUP. Since it was there previously she is applying to reinstate a grandfathered use.

Commissioner Carr

asked for clarification that the new owner would have to come back to the RPC if they want to add another residence.

Mr. Osborne

stated yes. Page 3 of 7

Commissioner Hafen

asked for clarification on the requirement for the CUP.

Mr. Osborne

stated if it hasn’t been abandoned and shut down she would have been able to continue as it was originally. But the second guest home is what requires the CUP.

Commissioner Buchanan

asked if this CUP can be approved with the condition added that the new septic goes in before the property is transferred or used.

Commissioner Hafen

stated that is a condition of approval as with Commissioner Borasky’s request proof that the first septic was pumped, inspected and certified, and that the second be certified when installed per NCC.

Commissioner Borasky

stated that is correct, and that proper permits were pulled with Building and Safety.

Commissioner Clark

asked Ms. Yiatras if she has read and understood the conditions of approval.

Ms. Yiatras

stated the RV pad is just a concrete pad, the hook up will be removed. The Manufactured homes are gone, there are no RV’s and the pads will be gone this week, just waiting on VEA to pull the meters so they can be competed. There is one SFR and a second SFR. On the assessor sketch the second SFR is the main home, residence 1 is the guest house in question on this application. The guest residence to be modified from the duplex per instruction from Planning and Building and Safety.

Commissioner Clark

stated he believes she will need more than 90 days?

Commissioner Hafen

asked if 90 days is sufficient.

Commissioner Adams

stated he would suggest going with 120 days. Is there a way the septic being done in escrow could be written into the CUP?

Mr. Osborne

stated that could be added as a condition.

Ms. Yiatras

asked for that to be explained.

Commissioner Hafen

stated before either homes can be used the septic must be installed and proper permits pulled before the CUP will go into effect.

Ms. Yiatras

asked if it must be her of the new owner.

Commissioner Hafen

stated it doesn’t matter who does it but it must be done before anyone can live there. That is a recommendation from Commissioner Borasky.

Commissioner Borasky

asked Mr. Osborne if the CUP transferrable to another person.

Mr. Osborne

stated it runs with the land.

Ms. Yiatras

stated her father sold the property from 2005 to 2012. Once sold the new owners turned the property into a horrible place. She doesn’t blame Mr. Foster for being angry.

Commissioner Hafen

asked if Ms. Yiatras would be amenable to a adding a condition that this property shall not be used as a rental and only be used as a single family residence.

Ms. Yiatras

stated yes, that is her intention.

Commissioner Adams

asked if it wasn’t for the second residence there wouldn’t be a need for the CUP.

Commissioner Clark

motioned to approve CU-2016-000020 amending special condition #2 allowing for 120 days. Seconded by Commissioner Adams.

Commissioner Adams

asks for clarification on why allowing for 120 days over the 90.

Commissioner Clark

stated because she has a long to do list, he wanted her to have ample time to complete those. Tim Sutton stated there was no reference to approve based on the findings.

Commissioner Hafen

asked for clarification from Commissioner Clark that his motion was to include conditions 1 through 3.

Commissioner Borasky

stated he asked for a condition of approval on the second septic. Adams withdraws second.

Commissioner Clark

amended his motion to include the inspection and final inspection on second septic tank. Seconded by Commissioner Adams.

Commissioner Oscarson

asked for clarification on adding that the property will not be a rental.

Commissioner Clark

amended his motion to include the property shall not be a rental during the period until it is sold.

Commissioner Hafen

restated the motion for clarification that the motion was to approve CUP CU- 2016-000020 based on findings and subject to special conditions of approval amending #2 to allow for 120 days, adding #4 that there is proof of the 2nd septic install prior to habitat of two buildings that it is attached to and the property is not to be used a rental. Page 5 of 7 Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Gregory T. Hafen II, Joel Oscarson, John Buchanan, Paul Carr, Robert Adams, Vincent Clark.

Mr. Osborne

reviewed the staff report. This amendment will change large animals to live stock.

Commissioner Hafen

asked for clarification from Mr. Sutton if they can adjust the recommendation to include striking Animal Agricultural Care Project.

Commissioner Oscarson

asked for clarification if this would still allow for someone to still have a garden.

Commissioner Carr

stated it doesn’t address marijuana.

Commissioner Hafen

stated that is address under a different section of the code.

Commissioner Buchanan

asked for clarification that if a High School student wanted a goat for a 4-H project that they would no longer be able to do that here.

Commissioner Hafen

stated correct the intent of the SE zoning wouldn’t allow for it, there are limited areas that are zoned SE. Livestock and 4-H would be under the RE zoning or RH.

Commissioner Oscarson

motioned to recommend to the BOCC and striking Animal Agricultural Care Project. Seconded by Commissioner Carr.

Commissioner Hafen

stated that is correct, it is State Law and even the previous applicant must have a meter on the well per the State.