Findings for WV as required under NCC H of the Nye County Code:

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2 Nye County BOCC Public Hearing Staff Report; WV July 16, 2014 Page 2 of 3 Findings for WV as required under NCC H of the Nye County Code: 1. There may be special circumstances or conditions applying to the subject property which makes compliance with the provisions of this Chapter difficult and a cause of hardship to, and abridgement of, a property right of the owner of said property. The subject property was developed in 1959 with a 54,000 square foot greenhouse for the purposes of cultivation. The property owner wishes to use the full size of the greenhouse structure for medical marijuana cultivation purposes and to restrict him from that use, or to require only 10,000 square feet of the facility be used would be a hardship. 2. The circumstances or conditions do not apply generally to other properties in the same land use district. Generally, other properties in the Rural Homestead (RH-4.5) Zoning District have not been developed with green house structures. While there are some RH-4.5 zoned properties that have been developed with a green house, those properties have not applied for an SUP to be utilized as a Medical Marijuana Establishment (MME). 3. The granting of the waiver or exception will substantiate justice to the applicant or owner(s) of the property. 4. The granting of the waiver(s) would not result in material damage or prejudice to other properties in the vicinity, and the granting of the waiver would not be viewed to be detrimental to public health, safety, and general welfare. It is not anticipated granting of the waiver request would be detrimental to the public health, safety and general welfare, because the proposed use of the subject property will be a secure, highly controlled environment. LAND USE MATRIX CURRENT ZONING (if applicable) LAND USE PLAN DESIGNATION (PRPD Master Plan, Nye County Comprehensive/Master Plan, Amargosa Valley Area Plan) CURRENT LAND USE SITE Rural Homestead (RH-4.5) Low Density Residential Agricultural Operation NORTH Rural Homestead (RH-4.5) Low Density Residential Single Family Residential and Vacant SOUTH Brothel (BR) General Commercial Brothel and Vacant EAST Rural Homestead (RH-4.5) Low Density Residential Agricultural Operation WEST Rural Homestead (RH-4.5) Mixed Use Single Family Residential and Agriculture External Comments: The Town of (Pahrump, Amargosa Valley, Tonopah) has been notified of this application. All owners of property located within 300 feet, and all owners of the 30 nearest parcels to the subject property have been notified of this application. Staff has received no letter(s) in support or opposition of the application. ANALYSIS Application Details: The applicant is requesting a Waiver from the 10,000 square foot floor area limitation for commercial uses in the Business Opportunity Overlay Zone, for a medical marijuana establishment, per Nye County Code E. Approval of a Waiver requires a simple majority vote of the Board.

3 Nye County BOCC Public Hearing Staff Report; WV July 16, 2014 Page 3 of 3 Zoning: The subject property is zoned Rural Homestead Residential (RH-4.5), which is not a zoning district which allows for medical marijuana establishments according to Nye County Code Section The property owner does have a pending zone change application (ZC ) to the Business Opportunity Overlay (BO) zoning district, which is scheduled for final action by the BOCC at the July 15, 2014 meeting. Distance Separations: The applicant has submitted a statement and a straight-line drawing indicating that the proposed use complies with all distance separation requirements (separation from schools, parks, churches, etc.). SPECIAL CONDITIONS OF APPROVAL 1. If the State of Nevada, Division of Public and Behavioral Health, issues a Medical Marijuana Establishment (MME) Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31, 2015, then the establishment must commence operations within 18 months of the date of issuance of the Provisional Registration Certificate otherwise the waiver will expire. If the State of Nevada does not issue a MME Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31, 2015 the waiver will expire. 2. Property owner/applicant/grantee shall obtain all required local and state approvals, building permits, plan reviews, inspections, etc., for the establishment.

4 Orville St Squaw Valley Rd Board of County Commissioners -- Seid & Settlemeyer, Owner/Applicant BOCC HEARING JUL WV Begonia St Wall St Camellia St Homestead Rd Tillman St Silver St Ë EXHIBIT "A" -- AREA ZONING NOTIFIED PROPERTIES 900 FOOT BUFFER RH 4.5: Rural Homestead Residential RE-2; Rural Estates Residential GC; General Commercial R; Reserve BR; Brothel DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.

5 Orville St Squaw Valley Rd Board of County Commissioners -- Seid & Settlemeyer, Owner/Applicant BOCC HEARING JUL WV Begonia St Wall St Camellia St Homestead Rd Tillman St Silver St Ë EXHIBIT "B" -- MASTER PLAN CATEGORIES NOTIFIED PROPERTIES 900 FOOT BUFFER LDR: Low Density Residential GC: General Commercial BLM: Bureau of Land Management MU: Mixed Use DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.

6 Board of County Commissioners -- Seid & Settlemeyer, Owner/Applicant BOCC HEARING JUL WV Begonia St Camellia St Homestead Rd Tillman St Squaw Valley Rd Wall St Orville St Silver St Ë EXHIBIT "C" -- AERIAL PERSPECTIVE NOTIFIED PROPERTIES 900 FOOT BUFFER DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.

7 Board of County Commissioners -- Seid & Settlemeyer, Owner/Applicant BOCC HEARING JUL WV Tillman St Ë EXHIBIT "D" -- CLOSE UP AERIAL DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.

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