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Board of Zoning Appeals -January 15, 2009 <br />MR. HOFFMAN: I have another question for my favorite person. I we then being asked to put a definition <br />on this? <br />MR. JANKOWSKI: I think the Board has a right to put a definition on this, yes. The Board is going to make <br />a recommendation, the Board can say the recommendation is based on a declaration of weather amnesty as <br />defined by this document, yes the Board can tie it to that. <br />MR. HOFFMAN: But this isn't even a governmental agency we tying it to. <br />MR. JANKOWSKI: The Board can also say that when the weather reached 32 or below, you do have that <br />option. <br />MR. HOFFMAN: But if we do that, then we're assuming that we know something about, and we don't. <br />MR. JANKOWSKI: That's correct. <br />MR. BULOT: I'd also like to point out that when I initially spoke with Mr. Baxter about getting this petition <br />prepared, he wanted to make sure that it was weather related only. And I believe that I guided him to include <br />that wording in the petition so there would be no doubt that that was the intent. The option would be, if you <br />wanted to would be just to remove the weather related wording and use it as a group residence and then he can <br />verbally indicate that they were going to regulate it based on the weather. So I think the initial problem with <br />the wording was part of being forth right and indicating... <br />MR. HOFFMAN: The actual use, the intent. We if we do something like that, are we not increasing the <br />impact? <br />MR. JANKOWSKI: You certainly would be. <br />MR. HOFFMAN: That's something again we really can't do. <br />MR. JANKOWSKI: Well the petition before you today is seeking a Special Exception only for specifically <br />for use in that particular situation, that's it. <br />MR. HOBAN: And they can change that next week to 50 degrees. <br />MR. JANKOWSKI: That's correct. <br />MR. HOBAN: And it's over 90 degrees and people want to get out of the heat. <br />MR. HOFFMAN: The organization itself sounds to me that it's not quite that liberal. They went from 26 to <br />32, that's not a major move. I think they would be ...I don't know if it became a permanent feature then there <br />could be outcry because we put limitations on it. But if they change their definition because of weather <br />conditions, that's why I don't think we can put a definition on it because I'm not bright enough to know what <br />that is. You know one person's 32 degrees is cold, is another's balmy day. <br />9 <br />