Also saw this in article just posted.... why have rules? Got approved because people like ice cream?
Azzurro Condominium, Yellow House Amendment, Five Other Proposals Get Planning Commission Nod - The Defuniak Herald & Beach Breeze
Yellow House 30A, L.L.C., Small Scale Amendment
Also encountering both support and opposition was a proposed small-scale amendment on behalf of Yellow House 30-A, L.L.C., and Christine Taylor to change the land use classification from Residential Preservation to Neighborhood Commercial on the 0.25-acre property where the Blue Mountain Beach Creamery ice cream shop operates. The subject property is on the southeast corner of the CR-30A and CR-83 in Blue Mountain Beach.
The business operation is considered a non-conforming use, and the BCC had agreed to sponsor the amendment as part of a settlement in a lawsuit filed by Yellow House against the county. The stated purpose of the amendment was to allow for the business to be rebuilt and go back into operation in the event that it were destroyed by a hurricane or other catastrophe.
While a local college student working at the business during breaks put in a word of support for the amendment, other residents spoke in opposition.
Johndra Culp, a 12-year resident of Blue Mountain Beach and co-author of the Blue Mountain Beach Neighborhood Plan, told the planning commissioners that the business owners have failed to operate under the terms of the neighborhood plan, with violations including placing a handicapped ramp in their lot setback, installing benches, and expanding windows in the building. She also urged for any changes in land use such as proposed by the amendment to “follow the same process” as had been required to create the neighborhood plan.
Mac Carpenter, county planning and development services director, countered that the property had been “protected in the (neighborhood) plan for commercial use.” He maintained that approval of the land use classification change would give the county a greater ability to regulate the business.
Babcock referenced a traffic problem in the area of the business and asked how the board could help residents and homeowners with that issue.
Carpenter indicated that, with the land use classification change, the property owners could apply for a development order and would be able to “address the success of their business,” possibly by acquiring additional space for parking across the street from the business. Without the land use change, there would be no opportunity to manage current impacts, he told the planning commissioners.
Blue Mountain Beach resident Kurt Tape came forward to address the board members in opposition, saying that he had no problem with the creamery—but pointing out that this property had started out many years ago as a residential lot, with a occupational home use approved later by the county having grown into the current business use. He described the property owners’ attitude as one of “don’t ask for permission, ask for forgiveness.” Tape told the board members that the proposed land use change had previously been turned down by the county.
“It’s a nonconforming use, and it should stay a nonconforming use,” he urged.
Representing the applicants, attorney David Theriaque told the board members that no code enforcement violations had been found in connection with the property despite the owners being cited for putting up awnings, putting out a bench, and other actions. He referenced letters of support from the community and argued that it had never been an intention of the neighborhood plan to restrict the use of the property to residential.
Theriaque told the planning commissioners that the owners had bought the property with the belief that it would be commercial. The proposed change, he explained, is to ensure that in the event of a fire, hurricane, etc., the owners do not lose their life savings.
Glidewell motioned for approval of the proposed change, and his motion was approved with all aye votes.
Azzurro Condominium, Yellow House Amendment, Five Other Proposals Get Planning Commission Nod - The Defuniak Herald & Beach Breeze
Yellow House 30A, L.L.C., Small Scale Amendment
Also encountering both support and opposition was a proposed small-scale amendment on behalf of Yellow House 30-A, L.L.C., and Christine Taylor to change the land use classification from Residential Preservation to Neighborhood Commercial on the 0.25-acre property where the Blue Mountain Beach Creamery ice cream shop operates. The subject property is on the southeast corner of the CR-30A and CR-83 in Blue Mountain Beach.
The business operation is considered a non-conforming use, and the BCC had agreed to sponsor the amendment as part of a settlement in a lawsuit filed by Yellow House against the county. The stated purpose of the amendment was to allow for the business to be rebuilt and go back into operation in the event that it were destroyed by a hurricane or other catastrophe.
While a local college student working at the business during breaks put in a word of support for the amendment, other residents spoke in opposition.
Johndra Culp, a 12-year resident of Blue Mountain Beach and co-author of the Blue Mountain Beach Neighborhood Plan, told the planning commissioners that the business owners have failed to operate under the terms of the neighborhood plan, with violations including placing a handicapped ramp in their lot setback, installing benches, and expanding windows in the building. She also urged for any changes in land use such as proposed by the amendment to “follow the same process” as had been required to create the neighborhood plan.
Mac Carpenter, county planning and development services director, countered that the property had been “protected in the (neighborhood) plan for commercial use.” He maintained that approval of the land use classification change would give the county a greater ability to regulate the business.
Babcock referenced a traffic problem in the area of the business and asked how the board could help residents and homeowners with that issue.
Carpenter indicated that, with the land use classification change, the property owners could apply for a development order and would be able to “address the success of their business,” possibly by acquiring additional space for parking across the street from the business. Without the land use change, there would be no opportunity to manage current impacts, he told the planning commissioners.
Blue Mountain Beach resident Kurt Tape came forward to address the board members in opposition, saying that he had no problem with the creamery—but pointing out that this property had started out many years ago as a residential lot, with a occupational home use approved later by the county having grown into the current business use. He described the property owners’ attitude as one of “don’t ask for permission, ask for forgiveness.” Tape told the board members that the proposed land use change had previously been turned down by the county.
“It’s a nonconforming use, and it should stay a nonconforming use,” he urged.
Representing the applicants, attorney David Theriaque told the board members that no code enforcement violations had been found in connection with the property despite the owners being cited for putting up awnings, putting out a bench, and other actions. He referenced letters of support from the community and argued that it had never been an intention of the neighborhood plan to restrict the use of the property to residential.
Theriaque told the planning commissioners that the owners had bought the property with the belief that it would be commercial. The proposed change, he explained, is to ensure that in the event of a fire, hurricane, etc., the owners do not lose their life savings.
Glidewell motioned for approval of the proposed change, and his motion was approved with all aye votes.
