Board upholds code‑compliance finding against Colony Estate venue after de novo hearing

The board heard an extensive evidentiary hearing on an amended notice of violation alleging that the private residence at 85 Crestview Avenue was regularly advertised and operated as a commercial event venue without required land‑use authorization. County staff presented marketing materials, event listings, sheriff dispatch logs and citations, saying the property was "regularly advertised, held out to the public, and utilized as a commercial event venue without authorization under the NCZO."

Appellant counsel argued the ordinance is ambiguous, that certain small-event exemptions and assembly/CUP pathways applied, and that a pending conditional‑use permit and ordinance reforms counseled in favor of vacating enforcement or staying enforcement. Tom Cohen, counsel for the property owner, said: "We're here asking you, to fix a broken ordinance, not shut down a business," and urged the board to stay enforcement while a CUP is processed. County counsel and code compliance said the RE zone does not allow outdoor-event uses and that evidence — including multiple sheriff responses and marketing stating capacities up to 400 guests — supported the violation finding. After public testimony from dozens of neighbors, vendors, couples and technical witnesses, the board voted unanimously to uphold the code‑compliance director's determination and deny the appeal. The order preserves the county's enforcement authority while the owner pursues any administrative or entitlement remedies.