Orange County NC Website
Browse       Search
2 <br /> The Easterlins indicated they are unable to comply with this requirement and have proposed a <br /> text amendment allowing for a 25 foot setback to be observed when a Class II Kennel is <br /> developed within, and is adjacent to, property zoned EDE-2. <br /> If approved the text amendment will only impact Class II Kennels developed within the EDE-2 <br /> zoning district and will not be applied in other general use zoning districts where such facilities <br /> are allowed. Changing the standard, however, will set a precedent that could lead to future <br /> requests to change the standards for other situations. <br /> Agenda materials from the February 24, 2014 Quarterly Public Hearing can be viewed at- <br /> http://orangecountync.gov/occlerks/140224.pdf <br /> During the public hearing the following comments and questions were asked- <br /> 1. A BOCC member asked if the applicant could apply for a variance. <br /> STAFF COMMENT. Staff and the Easterlins' attorney, Mr. Michael Brough of the <br /> Brough law firm, indicated it was their professional opinion applying for a variance was <br /> not a viable option as there would be difficulty for the applicant to prove this was not a <br /> self-induced hardship or that somehow they were experiencing a unique hardship from <br /> other kennel operations throughout the County. <br /> These are some of the required findings allowing for the issuance of a variance as <br /> outlined within Section 2.10 of the UDO. <br /> 2. A BOCC member expressed concern over different accounts from staff and the applicant <br /> over when there was disclosure of the 150 foot setback requirement. <br /> STAFF COMMENT. Staff stands by its statement(s) indicating the Easterlins were aware <br /> of the 150 foot required setback for kennel operations as currently detailed in Section <br /> 5.6.5 (A) (2) of the UDO and has verified this account with both their surveyor, Mr. Steve <br /> Yuhasz, and their former attorney Mr. Michael Parker. <br /> From staff's standpoint the issue is moot. The Easterlins have been investigating <br /> methods and opportunities for addressing compliance issues with the kennel with <br /> Planning staff for some time and have finally determined, based on their current <br /> attorney's advice, this is the most viable course of action available to them. <br /> 3. A BOCC member asked how many acres of the Eno Township are currently zoned EDE- <br /> 2 and how much of that is already developed. <br /> STAFF COMMENT. There are approximately 430 acres of property zoned EDE-2 with <br /> approximately 180 acres `developed' including underdeveloped acreage and required <br /> yard (i.e. setback) areas. <br /> 4. A BOCC member asked if it was possible to amend the terms of the existing SUP to <br /> reduce the setback. <br /> STAFF COMMENT: It is possible to amend the terms of the existing SUP but the <br /> ordinance amendment would have to be approved first. Otherwise the 150 foot setback <br /> will still have to be observed. <br /> SUPs cannot change or modify established development standards required by the UDO <br /> unless there is specific language, within the standards section, allowing the reviewing <br /> body (i.e. BOCC or Board and/or Adjustment) to impose different standards as <br /> determined through the SUP review process. <br />