I fail to understand what people don't grasp about
Post# of 56324
Posted On: 10/31/2014 8:32:47 AM
I fail to understand what people don't grasp about CEN and Lakeshore and the zoning matter.
1-Yes, town council was made aware of the company intentions back in December of 2013, and it is clearly stated the site is Agricultural Value Added.
2-The value added by its definition in the towns regulations, captures processing, and storage, and packaging, so if you wish to argue the processing of medical mj is not taking place, you will be hard pressed to say packaging is not taking place. The storage, packaging, brings the activities under the value added designation, thus making a zoning amendment application manadatory. The company has acknowledged that fact by virtue of filing a zoning amendment application. This application was referenced in the September 23 meeting when a member of the town administration commented it had been received but not processed because it was lacking required information.
3-Research into lawful nonconforming illustrates the following:
a-it deals with acquired rights which have been upheld by the Supreme Court of Canada. Acquired rights are rights which are granted by virtue of previous, continuous activity on a site and grant those rights in the absence of any existing regulation.
b-lawful nonconforming is not meant to override existing regulation and in this case, the site already is subject to existing regulation - Agriculture Value Added. Lawful nonconforming is meant to guarantee a lawful activity is not restricted by new regulations intended to restrict a lawful activity which had previously taken place. That does not apply in this case as the regulations existed prior to HC granting a license to CEN.
c-The only protocols followed to date in Lakeshore is they have given notice to the town, officially in writing as is required in the spring of 2014,the building permits for a agricultural storage facility were granted in October of 2013 to the current landowner and landlord, Jim Shaaban.
d-the current regulations if adopted do state "site specific" meaning if the value added designation on 20 North Rear Road was not amended to remove it, the company will have to go through the zoning amendment application process. Again, the company recognized that because they did file the application.
So, we shall see on Tuesday if they have amended the value added for this site. If not, nothing has changed. If HC has not granted the license prior to November 4th and no continual activity has taken place on that site prior to the adoption of the amendments, lawful nonconforming is not even an issue.
1-Yes, town council was made aware of the company intentions back in December of 2013, and it is clearly stated the site is Agricultural Value Added.
2-The value added by its definition in the towns regulations, captures processing, and storage, and packaging, so if you wish to argue the processing of medical mj is not taking place, you will be hard pressed to say packaging is not taking place. The storage, packaging, brings the activities under the value added designation, thus making a zoning amendment application manadatory. The company has acknowledged that fact by virtue of filing a zoning amendment application. This application was referenced in the September 23 meeting when a member of the town administration commented it had been received but not processed because it was lacking required information.
3-Research into lawful nonconforming illustrates the following:
a-it deals with acquired rights which have been upheld by the Supreme Court of Canada. Acquired rights are rights which are granted by virtue of previous, continuous activity on a site and grant those rights in the absence of any existing regulation.
b-lawful nonconforming is not meant to override existing regulation and in this case, the site already is subject to existing regulation - Agriculture Value Added. Lawful nonconforming is meant to guarantee a lawful activity is not restricted by new regulations intended to restrict a lawful activity which had previously taken place. That does not apply in this case as the regulations existed prior to HC granting a license to CEN.
c-The only protocols followed to date in Lakeshore is they have given notice to the town, officially in writing as is required in the spring of 2014,the building permits for a agricultural storage facility were granted in October of 2013 to the current landowner and landlord, Jim Shaaban.
d-the current regulations if adopted do state "site specific" meaning if the value added designation on 20 North Rear Road was not amended to remove it, the company will have to go through the zoning amendment application process. Again, the company recognized that because they did file the application.
So, we shall see on Tuesday if they have amended the value added for this site. If not, nothing has changed. If HC has not granted the license prior to November 4th and no continual activity has taken place on that site prior to the adoption of the amendments, lawful nonconforming is not even an issue.
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