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Staff previews quasi-judicial hearing process as special-use application moves forward
Summary
Planning staff told the council a modification to a special-use permit is pending and that staff will present a quasi-judicial hearing walkthrough in July with a likely hearing in August; thresholds for special-use permits were restated (6,000 sq ft general commercial, 4,000 sq ft village center).
At the June 22 meeting Michael Poston, the county planning director, told the Cashiers planning council staff has a pending application to modify an existing special-use permit and intends to present a procedural walkthrough in July ahead of a likely quasi-judicial hearing in August.
Poston said special-use permits are required for buildings larger than 6,000 square feet in the General Commercial district and for buildings larger than 4,000 square feet in the Village Center district. He explained quasi-judicial hearings follow state law: parties need legal standing to participate, witnesses may have to be qualified as experts, the applicant bears the burden of proving the standards of the ordinance, and additional experts may be offered by other parties to counter applicant testimony. Poston also said the packet included a hearing procedures checklist and an explanation of the appeals process.
Poston noted the long-time attorney who assisted staff, Anthony Fox, has retired; Heather Baker will act as the hearing attorney in the short term while staff seeks a long-term solution. The council was asked to consider alternate August dates because the hearing may require moving the regular meeting date.
