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Applicant withdraws conditional use 2494; council allows withdrawal with 60‑day cleanup condition
Summary
An applicant withdrew conditional use application CU‑2494 (site development business on 1.38 acres) during the council hearing; council allowed the withdrawal on the record provided the premises be returned to compliance with AR‑1 zoning within 60 days and preserved the applicant’s right to refile within one year.
During the public hearing on conditional use CU‑2494 (a site development business with office, outdoor storage and parking on about 1.38 acres off Gum Road), the applicant confirmed they would withdraw the application and return the property to its AR‑1 condition and clean up the site.
Dan Conway, attorney for the applicant, and the applicant (Mr. Hunt) appeared before the council. Conway confirmed receipt of the Planning & Zoning denial recommendation; the applicant stated their intent to withdraw and to bring the property into compliance. Council and counsel discussed procedural options (voting to deny vs. allowing withdrawal) and the appropriate timeline for site restoration. The council determined it was appropriate to allow withdrawal conditioned on site restoration within a specific period.
Council debated whether to allow 60 or 90 days for cleanup. The applicant said 60 days was acceptable. Counsel moved to allow the withdrawal of CU‑2494 conditioned on the premises being returned to a compliant AR‑1 state within 60 days; council voted in favor and the motion carried. The council’s action permits the applicant to refile within one year if desired.
The action preserves the county’s options regarding enforcement and restoration through the constable's office while allowing the applicant to withdraw without a final denial that triggers the one‑year filing restriction.
