PRESENTS INFORMATION

Attorney Dave McDonald presented information to Banks County Board of Commission chairman Charles Turk at a code violation hearing on June 3.

The Banks County Board of Commissioners held a hearing on a code violation on a conditional use permit for the operation of a business on Columbus Drive on June 3 and set another hearing for 4 p.m. on June 15 to take final action on the issue.

In the meantime, the BOC voted that no outside activity, including dirt bike races, can take place at Maximum Powersports.

BOC chairman Charles Turk said a conditional use permit was issued in 2018 for repairs to be made inside a shop on the property. Turk showed a youtube video where he said youth were lined up to race on the site. The conditional use permit that was given to Zachary Lurie did not allow for races to be allowed on the property.

“That is the noise people are complaining about,” Turk said.

Commissioner Bo Garrisons said, “I’ve watched that video three different times. Everything I’ve read from the zoning, it (the activity on the property) does not meet the criteria. I wasn’t here when it was voted on. I’ve looking at is as an outsider and looking at our paperwork. I would say it is in violation.”

Commissioner Danny Maxwell said, “The conditional use was for working on vehicles. He said noise would be no louder than a weed-eater or lawnmower and it would be in a confined room. From what I see here, it is not in a confined room. It is racing. To have a lot of young people out there racing, that was not in the conditional use we approved that night. That is my comment on it.”

A nearby property owner, Jody Parks, spoke about the noise from the property.

“We were out in garden and I felt like they were right in my face,” she said. “Since this started, I just go in my house. I can hear them in my house. I thought they were permitted to do this and I find out they are not.”

Final action was tabled at the request of the property owner’s attorney, Dave McDonald, who was asked for time to get more information on the allegation of the code violation.

Turk pointed out that he and code enforcement officer Paul Ruark had gone out to the property to tell the business owner to stop the racing.

“He knew exactly what he was violating,” Turk said. “There was no question. He knew very well what his violation was. He was asked to cease and desist and he didn’t.”

McDonald replied, “There is no record of that. We don’t have that in writing… If it’s not a part of the record, it is not the appropriate time to have that discussion here. Right now, these are allegations that are being levied against my client for the first time.”

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